|
.5 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where
<br />the Construction Manager is party thereto;
<br />.6 Providing consultation concerning replacement of Work resulting from fire or other cause during
<br />construction and furnishing services required in connection with the replacement of such Work;
<br />.7 Assistance to the Initial Decision Maker, if other than the Architect; or
<br />.8 Service as the Initial Decision Maker.
<br />§ 4.3.2 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional
<br />Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the
<br />need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give
<br />prompt written notice to the Construction Manager, and the Owner shall have no further obligation to compensate
<br />the Construction Manager for those services:
<br />.1 Services in evaluating an extensive number of Claims submitted by a Contractor or others in
<br />connection with the Work when the Architect is serving as the initial Decision Maker.
<br />.2 To the extent the Construction Manager's Basic Services are affected, providing Construction Phase
<br />Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date
<br />of Substantial Completion, identified in Initial Information, whichever is earlier.
<br />.3 Services required in an emergency to coordinate the activities of a Contractor or Multiple Prime
<br />Contractors in the event of risk of personal injury or serious property damage, consistent with Section
<br />3.3.13.
<br />§ 4.3.3 If the services covered by this Agreement have not been completed within «twelve » ( «12 » ) months of the
<br />date of this Agreement, through no fault of the Construction Manager, extension of the Construction Manager's
<br />services beyond that time shall be compensated as Additional Services.
<br />ARTICLE 5 OWNER'S RESPONSIBILITIES
<br />§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
<br />regarding requirements for and limitations on the Project, including the Owner's program, other objectives,
<br />schedule, constraints and criteria, special equipment, systems, and site requirements. Within 15 clays after receipt of
<br />a written request from the Construction Manager, the Owner shall furnish the requested information as necessary
<br />and relevant for the Construction Manager to evaluate, give notice of or enforce any lien rights, if any.
<br />§ 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget
<br />for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies
<br />related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the
<br />Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation
<br />with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the
<br />Work or in the Project's scope and quality.
<br />§ 5.3 The Owner acknowledges that accelerated, phased or fast -track scheduling provides a benefit, but also carries
<br />with it the risk of additional costs. If the Owner selects accelerated, phased or fast -track scheduling, the Owner
<br />agrees to include in the budget for the Project sufficient contingencies to cover such costs.
<br />§ 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA
<br />Document 13132 -2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as
<br />Adviser Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the
<br />Owner and Architect, and any further modifications to the agreement.
<br />§ 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.
<br />The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in
<br />order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services.
<br />§ 5.6 Unless provided by the Construction Manager, the Owner shall furnish surveys to describe physical
<br />characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the
<br />site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and
<br />adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements,
<br />encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary
<br />AIA DoewMnt C122' - 2009 Ofevtatly norm. - 19921. Copyright n 1933, 1900, 1992 and 2009 by The Nnericm, Mgt/bete or Arch 1tOCts• All
<br />tLGAta tut tad 121;:20 din T.17, E:odoonot. pair too roa ,y i 0 ,1, hay;
<br />x,, bat o .0 ..1 , r' 13
<br />1, , i , . „ ,v .. . a. ,
<br />Ow. . This draft was produced by AM dattta re at 11,31.21 on 11/19/2013 under Order No.1615001210i 00300
<br />expires on 10/17/2014, end In aVe fin resale. 119960159561
<br />Door tloteo:
<br />15
<br />
|