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<br /> X1.3.4 'Providing services required for or in connection with 4.8 The Owner shall furnish the Construction :.:�;;�s�:
<br /> the Owner's selection, procurement or installation of furniture, with a sufficient quantity of Construction Documents.
<br /> furnishings and related equipment.
<br /> 4.9 The services, information and-reports required by
<br /> 3.3.5 Providing services for tenant improvements. Paragraphs 4.5 through 4.8 shall be furnished at the Owner's
<br /> expense,and the Construction Manager shall be entitled to rely
<br /> 3.3.6 Providing any other services not otherwise included in upon the accuracy and completeness thereof.
<br /> this Agreement.
<br /> 4.10 Prompt written notice shall be given by the Owner to
<br /> ARTICLE 4 the Construction Manager and Architect if the Owner becomes
<br /> OWNER'S RESPONSIBILITIES aware of any fault or defect in the Project or nonconformance
<br /> with the Contract Documents.
<br /> 4.1 The Owner shall provide full information regarding
<br /> requirements for the Project, including a program which shall 4.11 The Owner reserves the right to perform construction
<br /> set forth the Owner's objectives, schedule, constraints and and operations related to the Project with the Owner's own
<br /> criteria, including space requirements and relationships, forces, and to award contracts in connection with the Project
<br /> flexibility, expandability, special equipment, systems, and site which are not part of the Construction Manager's
<br /> requirements. responsibilities under this Agreement. The Construction
<br /> Manager shall notify the Owner if any such independent action
<br /> 4.2 The Owner shall establish and update an overall will interfere with the Construction Manager's ability to
<br /> budget for the Project based on consultation with the perform the Construction Manager's responsibilities under this
<br /> Construction Manager and Architect, which shall include the Agreement. When performing construction or operations
<br /> Construction Cost, the Owner's other costs and reasonable related to the Project, the Owner agrees to be subject to the
<br /> contingencies related to all of these costs. same obligations and to have the same rights as the
<br /> 4.3 If requested by the Construction Manager, the Owner Contractors.
<br /> shall furnish evidence that financial arrangements have been 4.12 Information or services under the Owner's control
<br /> made to fulfill the Owner's obligations under this Agreement. shall be furnished by the Owner with reasonable promptness to
<br /> 4.4 The Owner shall designate a representative authorized avoid delay in the orderly progress of the Construction
<br /> to act on the Owner's behalf with respect to the Project. The
<br /> Manager's services and the progress of the Work.
<br /> Owner, or such authorized representative, shall render ARTICLE 5
<br /> decisions in a timely manner pertaining to documents CONSTRUCTION COST
<br /> submitted by the Construction Manager in order to avoid
<br /> unreasonable delay in the orderly.and sequential progress of the 5.1 DEFINITION
<br /> Construction Manager's services.
<br /> 4.5 The Owner shall retain an architect whose services, 5.1.1 The Construction Cost shall be the total cost or
<br /> responsibilities are described in the edition of AIA estimated cost to the Owner of all elements of the Project
<br /> duties and res
<br /> P designed or specified by the Architect.
<br /> Document B141/Cma, Standard Form of Agreement Between
<br /> Owner and Architect, Construction Manager-Adviser Edition, 5.1.2 The Construction Cost shall include the cost at
<br /> current as of the date of this Agreement. The Terms and current market rates of labor and materials furnished by the
<br /> Conditions of the Agreement Between the Owner and Owner and equipment designed,specified, selected or specially
<br /> Architect shall be furnished to the Construction Manager and provided for by the Architect, plus a reasonable allowance for
<br /> shall not be modified without written consent of the the Contractors' overhead and profit. In addition, a reasonable
<br /> Construction Manager, which consent shall not be allowance for contingencies shall be included for market
<br /> unreasonably withheld.The Construction Manager shall not be conditions at the time of bidding and for changes in the Work
<br /> responsible for actions taken by the Architect. during construction. Except as provided in Subparagraph 5.1.3,
<br /> 4.6 The Owner shall furnish structural, mechanical, Construction Cost shall also include the compensation of the
<br /> pollution tests, tests for hazardous Construction Manager and Construction Manager's
<br /> chemical, air and water
<br /> P consultants.
<br /> materials, and other laboratory and environmental tests,
<br /> inspections and reports required by law or the Contract 5.1.3 Construction Cost does not include the compensation
<br /> Documents. of the Architect and Architect's consultants, costs of the land,
<br /> 4.7 The Owner shall furnish all legal, accounting and rights-of-way, financing or other costs which are the
<br /> insurance counseling services as may be necessary at any time responsibility of the Owner as provided in Article 4. If any
<br /> portion of the Construction Manager's compensation is based
<br /> for the Project, including auditing services the Owner may upon a percentage of Construction Cost, then Construction
<br /> require to verify the Contractors Applications for Payment or Cost, for the purpose of determining such portion, shall not
<br /> to ascertain how or for what purposes the Contractors have include the compensation of the Construction Manager or
<br /> used the money paid by or on behalf of the Owner. Construction Manager's consultants.
<br /> 5.2 RESPONSIBILITY FOR CONSTRUCTION COST
<br /> O 1992-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON, D.C. 20006-5292.AIA DOCUMENT B801/CMa
<br /> -OWNER-CONSTRUCTION MANAGER AGREEMENT- 1992 EDITION -AIAOO -WARNING: Unlicensed photocopying violates U.S. copyright laws and
<br /> will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in
<br /> accordance with your license without violation until the date of expiration as noted below. User Document:b801cmastanthony.aia--5/10/2002.AIA
<br /> License Number 1005364, which expires on 1/31/2003.
<br /> Electronic Format 8801/CMa-1992
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