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§ 4.1.3 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall
<br />furnish the following information or services with reasonable promptness. The Owner shall also furnish any other
<br />information or services under the Owner's control and relevant to the Construction Manager's performance of the Work
<br />with reasonable promptness after receiving the Construction Manager's written request for such information or services.
<br />Subject to written disclaimer or qualification from the Owner as to accuracy, the Construction Manager shall be entitled
<br />to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions
<br />relating to the safe performance of the Work.
<br />§ 4.1.3.1 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 />§ 4.1.3.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for
<br />the site of the Project, and a written 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 other necessary data with respect to existing buildings, other
<br />improvements and trees; and information concerning available utility services and lines, both public and private, above
<br />and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project
<br />benchmark.
<br />§ 4.1.3.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may
<br />include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous
<br />materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating
<br />subsoil conditions, with written reports and appropriate recommendations.
<br />§ 4.1.4 During the Construction Phase, the Owner shall furnish information or services required' of the Owner by the
<br />Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under
<br />the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness
<br />after receiving the Construction Manager's written request for such information or services.
<br />§ 4.1.5 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required
<br />in AIA Document E234Tm--2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached
<br />to this Agreement.
<br />§ 4.2 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. Owner's representative shall have only such
<br />authority in matters of Contract Price increase as delegated to the representative in writing by Owner's Council. Except
<br />as otherwise provided in Section 4.2.1 of A201-2017, the Architect does not have such authority,
<br />§ 4.2.1 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 />§ 4.3 Architect
<br />The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document
<br />B 133Tm--2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor
<br />Edition, as modified, including any additional services requested by the Construction Manager that are necessary for the
<br />Preconstruction and Construction Phase services under this Agreement. The Owner shall provide the Construction
<br />Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect, and any
<br />further modifications to the Architect's scope of services in the agreement.
<br />ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
<br />§ 5.1 Compensation
<br />§ 5.1.1 For the Construction Manager's Preconstruction Phase services described in Sections 3.1 and 3.2, the Owner
<br />shall compensate the Construction Manager as follows:
<br />(Insert amount of, or basis for compensation and include a list of reimbursable cost items, as applicable.)
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