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MENEM PENN
<br /> § 3. 1 .2 , at the wr-itten fequest of the Construction Managef pr-ior- to commencement of the
<br /> Constfuction Phase and thelFeafter-, fuFnish to the Genstfuctien Manager- r-easonable evidence that finaneial
<br /> AM ] blea, a. eand- ition precedent to ceffitineneeme t. reir veentinalat-ion of the Wer-k. After- such evidence has be -a
<br /> furnished, the Ownef shall net materially vaFy such finaneial arrangements without prieF notiee4e the. Q-- � .
<br /> Mana
<br /> §1.1 .3 Th
<br /> The Owner shall establish and update an overall budget for the Project, based on consultation with the
<br /> Construction Manager and Architect, which shall include contingencies for changes in the Work and other costs
<br /> which are the responsibility of the Owner.
<br /> § 3.1 .4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS
<br /> In the Preconstruction Phase, the Owner shall furnish the following with reasonable promptness and at the Owner ' s
<br /> expense. Except to the extent that the Construction Mltnager knows of any inaccuracy, the Construction Manager
<br /> shall be entitled to rely upon the accuracy of any such information, reports , surveys, drawings and tests described in
<br /> Sections 3 . 1 .4, 1 through 3 . 1 .4.4 but shall exercise customary precautions relating to the performance of the Work.
<br /> § 3.1 .4.1 Reports, surveys, drawings and tests concerning the conditions of the site which are required by 1 w.
<br /> §, 3. 1.4.2 Surveys describing physical characteristics, legal limitations and utility locations for the site of th Project,
<br /> and a written legal description of the site. The surveys and legal information shall include, as applicable, g .-ades and
<br /> lines of streets, alleys, pavements and adjoining property and structures ; adjacent drainage; rights-of-way,
<br /> restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; loc 'ons,
<br /> dimensions and necessary data pertaining to existing buildings, other improvements and trees; and inform tion
<br /> concerning available utility , services and lines, both public and private, above and below grade, including inverts and
<br /> depths. All information on the survey shall be referenced to a project benchmark.
<br /> § 3.1.4.3 The services of a geotechnical engineer when such services are requested by the Construction Manager,
<br /> Such services may include but are not limited to test borings, test pits, determinations of soil bearing value s,
<br /> percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary
<br /> operations for anticipating subsoil conditions, with reports and appropriate professional recommendations
<br /> § 3.1 .4.4 Structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other
<br /> laboratory and environmental tests, inspections and reports which are required by law.
<br /> § 3. 1 .4.5 The services of other consultants when such services are reasonably required by the scope of the Project and
<br /> are requested by the Construction Managef�Manager are agreed to by the Owner.
<br /> § 3.2 OWNER'S DESIGNATED REPRESENTATIVE
<br /> The Owner shall designate in writing a"representative who shall have express authority to bind the Owner with
<br /> respect to all matters requiring the Owner' s approval or authorization . This representative shall have theauthority to
<br /> make dee-isiens decisions limited as provided in the Owner' s written authorization, on behalf of the Owner
<br /> concerning estimates and schedules, construction budgets, and changes in the Work, and shall render such decisions
<br /> promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the
<br /> Construction Manager Decisions outside of the scope of
<br /> delegated authority of A2011m 1997 , the Owner' s Representative must be made by Owner. The Architect does not
<br /> have such authority,
<br /> § 3.3 ARCHITECT
<br /> The Owner shall retain an Architect to provide Basic Services, including normal structural, mechanical an
<br /> electrical engineering services, other than cost estimating services, described in the edition of AIA® Document
<br /> B .1511M ' 997 " bbre •?U:_a B141Tm- 1997 , Standard Form of Agreement Between Owner and Arehiteelnl , rchitect,
<br /> as modi led, current as of the date of this Agreement. The Owner shall authorize and cause the Architect to provide
<br /> those Additional Services described in B11Tu 1997 , B 141TM- 1997 , as modified, requested by the Con trucdon
<br /> Manager which must necessarily be provided by the Architect for the Preconstruction and Construction Pf ases of
<br /> the Work. Such services shall be provided in accordance with time schedules agreed to by the Owner, Arc iftect and
<br /> Construction Manager. Upon request of the Construction Manager, the Owner shall furnish to the Constru tion
<br /> Manager a copy of the Owner' s Agreement with the Architect, from which compensation provisions may a deleted.
<br /> AIA Document A121 TMCMc - 2003 and AGC Document 565. Copyright ® 1991 and 2003 by The American Institute of Architects and The Associated
<br /> General Contractors of America. All rights reserved, WARNING : This document Is protected by U.S. Copyright Law and International Treaties. 8
<br /> Unauthorized reproduction or distribution of this document, or any portion of It, may result in severe civil and criminal penalties and will be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:50: 12 on 04/19/2005 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale. (1413727908)
<br /> User Notes: �j (`
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