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2.3.23 The Construction Manager shall arrange for the
<br /> delivery., storage, protection and security of Owner-purchased
<br /> materials, systems and equipment that are a part of the Proj-
<br /> ect until such items are incorporated into the Project.
<br />
<br />2.3.24 With the Architect and the Owner's maintenance per-
<br />sonnel, the Construction Manager shall observe the Contrac-
<br />tors' final testing and start-up of utilities, operational systems
<br />and equipment.
<br />
<br />2.3.25 When the Construction Manager considers each Con-
<br />tractor's Work or a designated portion thereof substantially
<br />complete, the Construction Manager shall, jointly with the
<br />Contractor, prepare for the Architect a list of incomplete or
<br />unsatisfactory items and a schedule for their completion. The
<br />Construction Manager shall assist .the Architect in conduct-
<br />ing inspections to determine whether the Work or designated
<br />portion thereof is substantially complete.
<br />
<br />2.3.26 The Construction Manager shall coordinate the cor-
<br />rection and completion of the Work. Following issuance of
<br />a Certificate of Substantial Completion of the Work .or a
<br />designated portion thereof, the Construction Manager shall
<br />evaluate the completion of the Work of the Contractors and
<br />make recommendations to the Architect when Work is ready
<br />for final inspection. The Construction Manager shall assist the
<br />Architect in conducting final inspections.
<br />
<br />2.3.27 The Construction Manager shall secure and trans-
<br />mit to the Architect warranties and similar submittals required
<br />by the Contract Documents for delivery.' to the Owner and
<br />deliver all keys, manuals, record drawings and maintenance
<br />stocks to the Owner. The Construction Manager shall forward
<br />to the Architect a final Project Application for Payment upon
<br />compliance with the requirements of the Contract
<br />Documents.
<br />
<br />2.3.28 Duties, responsibilities and limitations of authority
<br />of the Construction ,Manager as set forth in the Contract
<br />Documents shall not be restricted, modified or extended
<br />without written consent of the Owner, Construction Manager,
<br />Architect and Contractors. Consent shall not be unreason-
<br />ably withheld.
<br />
<br /> ARTICLE 3
<br />
<br /> ADDITIONAL SERVICES
<br />
<br />3.1 GENERAL
<br />
<br />3.1.1 The services described in this Article 3 are not included
<br />in Basic Services unless so identified in Article 14, and they
<br />shall be paid for by the Owner as provided in this Agree-
<br />ment, in addition to the compensation for Basic Services. The
<br />Optional Additional Services described under Paragraph 3-3
<br />shall only be provided if authorized or confirmed in writing
<br />by the Owner. If services described under Contingent Addi-
<br />tional Services in Paragraph 3.2 are required due to cir-
<br />cumstances beyond the Construction Manager's control, the
<br />Construction Manager shall notify the Owner prior to com-
<br />mencing such services. If the Owner deems that such services
<br />described under Paragraph 3.2 are not required, the Owner
<br />shall give prompt written notice to the Construction Manager.
<br />If the Owner indicates in writing that all or part of such
<br />Contingent Additional Services are not required, the Con-
<br />struction Manager shall have no obligation to provide
<br />those services.
<br />
<br />3.2 CONTINGENT ADDITIONAL SERVICES
<br />
<br />3.2.1 Providing services required because of significant
<br />
<br />changes in the Project including, but not limited to, changes
<br />in size, quality, complexity or the Owner's schedule.
<br />
<br />3.2.2 Providing consultation concerning replacement of
<br />Work damaged by fire or other cause during construction,
<br />and furnishing services required in connection with the
<br />replacement of such XX'ork.
<br />
<br />3.2.3 Providing services made necessary by the termination
<br />or default of the Architect or a Contractor, by major defects
<br />or deficiencies in the XX,~rk of a Contractor, or by failure of
<br />performance of either the Owner or Contractor under a Con-
<br />tract for Construction.
<br />
<br />3.2.4 Providing services in evaluating an extensive number
<br />of claims submitted by a Contractor or others in connection
<br />with the Work.
<br />
<br />3.2.5 Providing services in connection with a public hear-
<br />ing, arbitration proceeding or legal proceeding except where
<br />the Construction Manager is party thereto.
<br />
<br />3.3 OPTIONAL ADDITIONAL SERVICES
<br />
<br />3.3.1 Providing services relative to future facilities, systems
<br />and equipment.
<br />
<br />3.3.2 Providing services to investigate existing conditions or
<br />facilities or to provide measured drawings thereof.
<br />
<br />a,a.a Providing services to verify' the accuracy, of drawings
<br />or other information furnished by the Owner.
<br />
<br />3.3.4 Providing services required for or in connection with
<br />the Owner's selection, procurement or installation of fur-
<br />niture, furnishings and related equipment.
<br />
<br />3.3.5 Providing services for tenant improvements.
<br />
<br />3.3.6 Providing any other services not otherwise included
<br />in this Agreement.
<br />
<br /> ARTICLE 4
<br />
<br /> OWNER'S RESPONSIBILITIES
<br />
<br />4.1 The Owner shall provide full information regarding
<br />requirements for the Project, including a program which shall
<br />set forth the Owner's objectives, schedule, constraints and
<br />criteria, including space requirements and relationships, flex-
<br />ibility, expandability, special equipment, systems, and site
<br />requirements.
<br />
<br />4.2 The Owner shall establish and update an overall budget
<br />for the Project based on consultation with the Construction
<br />Manager and Architect, which shall include the Construction
<br />Cost, the Owner's other costs and reasonable contingen-
<br />cies related to all of these costs.
<br />
<br />4.3 If requested by the Construction Manager, the Owner
<br />shall furnish evidence that financial arrangements have been
<br />made to fulfill the Owner's obligations under this Agreement.
<br />
<br />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 manner pertaining to documents submit-
<br />ted by the Construction Manager in order to avoid
<br />unreasonable delay in the orderly and sequential progress of
<br />thc Construction Manager's services.
<br />
<br />4.5 The Owner shall retain an architect whose services, du-
<br />ties and responsibilities arc ¢lcscribed in the edition of AIA
<br />
<br />5 B801/CMa-1992
<br />
<br />AIA DOCUMENT B801/CMa · Ox.'('NER-CONS~I-RL'CTION MANAGER AGREEMENT '* 19)2
<br />EDII'ION ' AIA* ' ~C~l~Y-)2 · THE AMERI£L~,N IXSTITI'I'E OF ARCHITE(71-S. 1435 NEW
<br />YORK A\'ENt'E. NX:(' ',X'..\5;IIIN(31'ON [)C 200()0-~2~)2 · WARNING: Unlicensed
<br />photocopying violates U.S. copyright laws and wilt subject the violator to legal prosecution.
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