|
Init.
<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 of
<br />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 />§ 4.3.3Ifthe services covered by this Agreement have not been completed within twelve (12 ) months of the date of
<br />this Agreement, through no fault of the Construction Manager, extension of the Construction Manager's services
<br />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, schedule,
<br />constraints and criteria, special equipment, systems, and site requirements. Within 15 days after receipt of a written
<br />request from the Construction Manager, the Owner shall furnish the requested information as necessary and relevant
<br />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 Work
<br />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 agrees
<br />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. The
<br />Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order
<br />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 />data with respect to existing buildings, other improvements and trees; and information concerning available utility
<br />services and lines, both public and private, above and below grade, including inverts and depths. All the information
<br />on the survey shall be referenced to a Project benchmark.
<br />§ 5.7 Unless provided by the Construction Manager, the Owner shall furnish services of geotechnical engineers,
<br />which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests,
<br />evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including
<br />necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
<br />§ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Construction
<br />Manager. Upon the Construction Manager's request, the Owner shall furnish copies of the scope of services in the
<br />contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other
<br />than those designated in this Agreement, or authorize the Construction Manager to furnish them as an Additional
<br />Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by
<br />AIA Document C132`M — 2009 4formerly 8801 TMCMa- 1992). Copyright m 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
<br />reserved. WARNING: This AIA.' Document is protected by 11.3. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13
<br />this Al Ae Document, or any potion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under
<br />the (ow. This document was produced by AIA software at 10:12:33 on 12/18/2013 under Order No.1645001270_1 which expires on 10/17/2014, and is not for
<br />resale.
<br />User Notes: 14 (1400123506)
<br />
|