|
4.4 The Owner shall designate a representative authorized
<br />to act on the Owner's behalf with respect to the Project. The
<br />Owner or such authorized representative shall render deci-
<br />sions in a timely maniier pertaining to documents submitted
<br />by the Architect in order to avoid unreasonable delay in the
<br />orderly and sequential progress of the Architect's services.
<br />4.5 The Owner shall retain a construction manager to admin-
<br />ister the Project. The Construction Manager's services, duties
<br />and responsibilities will be as described in the edition of AIA
<br />Document B801/CMa, Standard Form of Agreement Between
<br />Owner and Construction Manager, current as of the date of
<br />this Agreement. The Terms and Conditions of the Agreement
<br />between Owner and Construction Manager shall be fur-
<br />nished to the Architect and shall not be modified without writ-
<br />ten consent of the Architect, which consent shall not be
<br />unreasonably withheld. The Architect shall not be responsi-
<br />ble for actions taken by the Construction Manager.
<br />4.6 The Owner shall furnish surveys describing physical
<br />characteristics, legal limitations and utility locations for the
<br />site of the Project, and a written legal description of the site.
<br />The surveys and legal information shall include, as applicable,
<br />grades and lines of streets, alleys, pavements and adjoining
<br />property and structures; adjacent drainage; rights-of-way,
<br />restrictions, easeinents, encroachments, zoning, deed restric-
<br />tions, boundaries and contours of the site; loeations, dimen-
<br />sions and necessary data pertaining to existing buildings, other
<br />improvements and trees; and information concerning available
<br />utility services and lines, both public and private, above and
<br />below grade, including inverts and depths. AII the informa-
<br />tion on the survey shall be referenced to a Project benchmark.
<br />4.7 The Owner shall furnish the services of geotechnical
<br />engineers when such services are requested by the Architect.
<br />Such services may include but are not limited to test borings,
<br />test pits, deterininations of soil bearing values, percolation
<br />tests, evaluations of hazardous materials, and ground corro-
<br />sion and resistivity tests, including necessary operations for
<br />anticipating subsoil conditions, with reports and appropriate
<br />professional recommendations.
<br />4.7.1 The Owner shall furnish the services of other con-
<br />sultants when such services are reasonably required by the
<br />scope of the Project and are requested by the Architect.
<br />4.8 The Owner shall furnish structural, mechanical, chemical,
<br />air and water pollution tests, tests for hazardous materials, and
<br />other laboratory and environmental tests, inspections and
<br />reports required by law or the Contract Documents.
<br />4.9 The Owner shall furnish all legal, accounting and insur-
<br />ance counseling services as may be necessary at any time for
<br />the Project, including auditing services the Owner may require
<br />to verify'the Contractor's Application for Payment or to ascer-
<br />tain how or for what purposes the Contractor has used the
<br />money paid by or on behalf of the Owner.
<br />4.10 The services, information, surveys and reports required
<br />by Paragraphs 4.6 through 4.9 shall be furnished at the
<br />Owner's expense, and the Architect shall be entitled to rely
<br />upon the accuracy and completeness thereof.
<br />4.11 Prompt written notice shall be given by the Owner
<br />to the Architect and Construction Manager if the Owner
<br />becomes aware of any fault or defect in the Project or non-
<br />conformance with the Contract Documents.
<br />4.12 The proposed language of certificates or certifications
<br />requested of the Architect or Architect's consultants shall be
<br />submitted to the Architect for review and approvaT at least 14
<br />days prior to execution. The Owner shall not request certifi-
<br />cations that would require knowledge or services beyond the
<br />scope of this Agreement.
<br />4.13 The Owner shall furnish the required information and
<br />services and shall render approvals and. decisions as expedi-
<br />tiously as necessary for the orderly progress of the Architect's
<br />services and Work of the Contractors.
<br />4.14 The Owner shall furnish the Architect copies of writ-
<br />ten communications with the Construction Manager and
<br />Contractors.
<br />AR7iCLE 5
<br />COMSTFi69CTiON COST
<br />5.1 DEFIiVITIOiV
<br />5.1.1 The Construction Cost shall be the total cost or esti-
<br />mated cost to the Owner of all elements of the Project
<br />designed or specified by the Architect.
<br />5.1.2 'Fhe Construction Cost shall include the cost at current
<br />market rates of labor and materials furnished by the Owner
<br />and equipment designed, specified, selected or specially pro-
<br />vided for by the Architect, plus a reasonable allowance for
<br />the Contractors' overhead and profit. In addition, a reasonable
<br />aIlowance for contingencies shall be included for market con-
<br />ditions at the time of bidding and for changes in the Work
<br />during construction. Construction Cost shall also include the
<br />compensation of the Construction Manager and Construction
<br />Manager's consultants. _
<br />5.1.3 Construction Cost does not include the compensation
<br />of the Architect and Architect's consultants, the costs of the
<br />land, rights-of-way, financing or other costs which are the
<br />responsibility of the Owner as provided in Paragraphs 4.1
<br />through 4.4 and 4.6 through 4.14.
<br />5.2 RESPOfVSIBILITY FOR
<br />CONSTRUCTIOiV COST
<br />5.2.1 The Architect's review of the Owner's Project budget
<br />and of preliminary estimates of Construction Cost or detailed
<br />estimates of Construction Cost prepared by the Construction
<br />Manager is solely for the Architect's guidance in the Archi-
<br />tect's preparation of the Construction Documents. Accor-
<br />dingly, the Architect cannot and does not warrant the accuracy
<br />of the estimates of the Construction Manager, or warrant or
<br />represent that bids or negotiated prices will not vary from
<br />the Owner's Project budget or from any estimate of Construc-
<br />tion Cost or evaluation reviewed by the Architect.
<br />5.2.2 No fixed limit of Construction Cost shall be established
<br />as a condition of this Agreement.
<br />5.2.3 In the event that the Construction Manager's estimate
<br />or the lowest bona fide bid or negotiated proposal received
<br />by the Owner exceeds the Owner's budget for reasons
<br />other than those described in Paragraph 3•3, the modi-
<br />fication of Contract Documents shall be the limit of the
<br />Architect's responsibility. The Architect shall be entitled to
<br />coinpensation in accordance with this Agreement for all
<br />services performed whether or not the Construction Phase
<br />is commenced.
<br />9,IA DOCUMENT B141/CMa - OWNER-ARCHITECT AGREEMENT • CONSTRUCTION MANAGER-
<br />ADVISER EDITION • 1992 EDITION • AIA° • OO 1992 • THE AMERICAN INSTITUTE OF ARCHITECTS,
<br />1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed
<br />photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
<br />B141/CiVia-1992 6
|