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Init. <br />§ 3.1.4.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the <br />parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous <br />materials. <br />§ 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations <br />for the site of the Project, and a legal description of the site. The surveys and legal information shall include, as <br />applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; <br />adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and <br />contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements <br />and trees; and information concerning available utility services and lines, both public and private, above and below <br />grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. <br />§ 3.1.4.3 The Owner, when such services are requested, shall fiunish services of geotechnical engineers, which may <br />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 />§ 3.1.4.4 During the Construction Phase, the Owner shall furnish information or services required of the Owner by <br />the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services <br />under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable <br />promptness after receiving the Construction Manager's written request for such information or services. <br />§ 3.2 Owner's Designated Representative <br />The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The <br />Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid <br />unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section <br />4.2.1 of A201-2007, the Architect does not have such authority. The term "Owner" means the Owner or the <br />Owner's authorized representative. <br />§ 3.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing <br />services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. <br />§ 3.3 Architect <br />The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document <br />13103' '--2007, Standard Form of Agreement Between Owner and Architect, including any additional services <br />requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services <br />under this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreement <br />between the Owner and the Architect, and any further modifications to the agreement. <br />ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES <br />§ 4.1 Compensation <br />§ 4.1.1 For the Construction Manager's Preconstruction Phase services, the Owner shall compensate the <br />Construction Manager as follows: <br />§ 4.1.2 For the Construction Manager's Preconstruction Phase services described in Sections 2.1 and 2.2: <br />N/A <br />§ 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within ( ) <br />months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager's <br />compensation for Preconstruction Phase services shall be equitably adjusted. <br />§ 4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's <br />personnel providing Preconstruction Phase services on the Project and the Construction Manager's costs for the <br />mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory <br />employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. <br />AIA Document Al 331M - 2009 (formerly A121 'MCMC - 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. <br />WARNING: This Al A' Document is protected by U.S. Copyright Law and International Treaties. unauthorized reproduction or distribution of this AlA" <br />Document, or any portion of it, may result in severe civil and criminal Penalties, and will be pros ecutod to the max i ruin extoll possible under the law. <br />This document was produced by AIA software at 16:20:45 on 12/02/2014 under Order No.3644058906_1 which expires on 00/14/2015, and is not for resale. <br />User Notes: (1970105415) <br />12 <br />