Common use of RESPONSIBILITIES OF THE OWNER Clause in Contracts

RESPONSIBILITIES OF THE OWNER. 3.1 The Owner shall have the right to approve the Designer’s work. 3.2 The Owner shall designate an individual who shall have the authority to act on behalf of the Owner under this Contract and who shall be responsible for day-to-day communication between the Owner and the Designer. 3.3 Upon satisfactory completion of services performed, the Owner shall make payments to the Designer as provided in Articles 6, 7, 8 and 9, 10 and 11. 3.4 To the extent such data is available, the Owner shall furnish to the Designer existing surveys of the site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs, reports and utility information. The Designer shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished to the Designer under this Article 3.4 and under Article 4.11, provided that the Designer shall coordinate its services with the services of the Owner’s consultants and shall notify the Owner in writing of any deficiencies in such data of which the Designer becomes aware. 3.5 Except as otherwise provided in this Contract, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor or CM at Risk and the Designer’s consultants through the Designer about matters arising out of or relating to the Construction Contract Documents. The Owner shall promptly notify the Designer of any direct communications that may affect the Designer’s services. 3.6 The Owner shall provide the Designer access to the Project site prior to commencement of the Work and shall obligate the Contractor or CM at Risk to provide the Designer access to the Work wherever it is in preparation or progress. 3.7 If the Owner requests the Designer to execute any certificates that are not readily available as of the effective date of this Contract, the proposed language of such certificates shall be submitted to the Designer for review at least 14 days prior to the requested dates of execution. The Designer shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Contract. 3.8 The Owner shall deliver to the Designer in a timely manner written copies of all Approvals required by this Contract. If Approval is withheld, the Owner shall notify the Designer in a timely manner in writing why such Approval is being withheld. 3.9 The Owner shall not unreasonably withhold, delay, condition, or deny any approval, acceptance, or consent required under this Contract, including any Approval.

RESPONSIBILITIES OF THE OWNER. 3.1 The Owner 4.1 OWNER shall have provide all criteria and full information as to the right OWNER’s requirements for the Project; designate a person to approve act with authority on OWNER’s behalf in respect of all aspects of the DesignerProject; examine and respond promptly to CONSULTANT’s submissions; and give prompt written notice to CONSULTANT whenever he observes or otherwise becomes aware of any defect in the work. 3.2 The Owner 4.2 OWNER shall designate an individual who shall have also do the authority following and pay all costs incident thereto: 4.2.1 Furnish to act on behalf CONSULTANT core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment and similar data; appropriate professional interpretations of all the Owner under this Contract foregoing; environmental assessment and who shall be responsible for dayimpact statements; property, boundary, easement, right-toof-day communication between the Owner way, topographic and the Designerutility surveys; property descriptions; zoning and deed restrictions; all of which CONSULTANT may rely upon in performing his services. Provided, however, that at OWNER’s option and with OWNER’s written approval before work is initiated, CONSULTANT will contract with other professionals as necessary to obtain such information. 3.3 Upon satisfactory completion of services performed, the Owner shall 4.2.2 Guarantee access to and make payments all provisions for CONSULTANT to the Designer enter upon public and private property as provided in Articles 6, 7, 8 and 9, 10 and 11needed for project-related work. 3.4 To the extent such data is available4.2.3 Provide for legal representation for defense of OWNER’s officers, the Owner directors, employees, and agents against any claim or suit brought by any third party; provided, however, that this provision shall furnish not relieve CONSULTANT of its obligation to the Designer existing surveys indemnify OWNER as required in Section 9 of the site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs, reports and utility information. The Designer shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished to the Designer under this Article 3.4 and under Article 4.11, provided that the Designer shall coordinate its services with the services of the Owner’s consultants and shall notify the Owner in writing of any deficiencies in such data of which the Designer becomes awareAGREEMENT. 3.5 Except 4.2.4 Provide field control surveys and fix reference points and base lines. Provided, however, that at OWNER’s option and with OWNER’s written approval before work is initiated, CONSULTANT will contract with other professionals as otherwise provided in this Contract, or when direct communications have been specially authorized, the Owner shall endeavor necessary to communicate with the Contractor or CM at Risk and the Designer’s consultants through the Designer about matters arising out of or relating to the Construction Contract Documents. The Owner shall promptly notify the Designer of any direct communications that may affect the Designer’s servicesobtain such information. 3.6 The Owner shall provide 4.2.5 Furnish approvals and permits from all governmental authorities having jurisdiction over the Designer access to the Project site prior to commencement of the Work and shall obligate the Contractor or CM at Risk to provide the Designer access to the Work wherever it is in preparation or progressProject. 3.7 If the Owner requests the Designer 4.3 OWNER shall pay all costs incident to execute any certificates that are not readily available as of the effective date of this Contract, the proposed language of such certificates shall be submitted to the Designer for review at least 14 days prior to the requested dates of execution. The Designer shall not be required to execute certificates obtaining bids or consents that would require knowledge, services or responsibilities beyond the scope of this Contractproposals from Contractor(s). 3.8 The Owner shall deliver to the Designer in a timely manner written copies of all Approvals required by this Contract. If Approval is withheld, the Owner shall notify the Designer in a timely manner in writing why such Approval is being withheld. 3.9 The Owner shall not unreasonably withhold, delay, condition, or deny any approval, acceptance, or consent required under this Contract, including any Approval.

RESPONSIBILITIES OF THE OWNER. 3.1 The Owner shall have the right to approve the Designer’s work. 3.2 The Owner shall designate an individual who shall have the authority to act on behalf of the Owner under this Contract and who shall be responsible for day-to-day communication between the Owner and the Designer. 3.3 Upon satisfactory completion of services performedOWNER, the Owner shall make payments without cost to the Designer ENGINEER, shall do the following in a timely manner so as provided in Articles 6, 7, 8 and 9, 10 and 11. 3.4 To the extent such data is available, the Owner shall furnish not to the Designer existing surveys of the site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs, reports and utility information. The Designer shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished to the Designer under this Article 3.4 and under Article 4.11, provided that the Designer shall coordinate its services with delay the services of the Owner’s consultants and shall notify the Owner ENGINEER: 3.1 Designate in writing a person to act as the OWNER 's representative with respect to work to be performed under this AGREEMENT, such person to have complete authority to transmit instructions, receive information, interpret and define the OWNER’S policies and decisions with respect to materials, equipment elements and systems pertinent to the work covered by this AGREEMENT. 3.2 Through its officials and other employees who have knowledge of pertinent conditions, confer with the ENGINEER regarding both general and special considerations relating to the PROJECT. 3.3 Assist the ENGINEER by placing at the disposal of the ENGINEER, all available information pertinent to the PROJECT including previous reports and any deficiencies in other data relative to design or construction of the PROJECT. 3.4 Pay all application and permit fees associated with approvals and permits from all governmental authorities having jurisdiction over the PROJECT and such data approvals and consents from others as may be necessary for completion of which the Designer becomes awarePROJECT. 3.5 Except Arrange for access to and make all provisions for the ENGINEER to enter upon public and private lands as otherwise provided in required for the ENGINEER to perform its work under this Contract, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor or CM at Risk and the Designer’s consultants through the Designer about matters arising out of or relating to the Construction Contract Documents. The Owner shall promptly notify the Designer of any direct communications that may affect the Designer’s servicesAGREEMENT. 3.6 The Owner shall provide Furnish the Designer access to the Project site prior to commencement of the Work ENGINEER all needed property, boundary and shall obligate the Contractor or CM at Risk to provide the Designer access to the Work wherever it is in preparation or progressright-of-way maps. 3.7 If Cooperate with and assist the Owner requests the Designer to execute any certificates ENGINEER in all additional work that are not readily available as of the effective date of this Contract, the proposed language of such certificates shall be submitted to the Designer for review at least 14 days prior to the requested dates of execution. The Designer shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Contractis mutually agreed upon. 3.8 The Owner shall deliver to Pay the Designer ENGINEER for work performed in a timely manner written copies of all Approvals required by this Contract. If Approval is withheld, accordance with the Owner shall notify the Designer in a timely manner in writing why such Approval is being withheldterms specified herein. 3.9 The Owner shall Provide a public stenographer and transcript for each public hearing, if required. 3.10 Pay for concrete and soils testing laboratory services as required for the project. 3.11 Examine all studies, reports, sketches, Drawings, specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants, as OWNER deems appropriate for such examination, and render in writing decisions pertaining thereto within a reasonable time so as not unreasonably withhold, delay, condition, to delay the services of the ENGINEER. 3.12 Give prompt written notice to ENGINEER whenever OWNER observes or deny otherwise becomes aware of any approval, acceptance, development that affects the scope or consent required under this Contract, including timing of ENGINEER’s services or any Approvaldefect or non-conformance of the work of any Contractor(s).

RESPONSIBILITIES OF THE OWNER. 3.1 The Owner shall It is agreed that the OWNER will have the right following responsibilities under this Contract: a. Timely providing all information, data, reports, records, and maps to approve which the Designer’s workOWNER has access and which are needed by the CONSULTANT for the performance of the services provided for herein. 3.2 The Owner shall designate an individual b. Providing assistance and cooperation for the CONSULTANT in obtaining any other needed material which the OWNER does not have in its possession. c. Making available the services of the OWNER as may be necessary to obtain information as needed to perform the work program set forth in the Scope of Services. d. Designating a single representative who shall have the authority will be authorized to act make necessary decisions required on behalf of the Owner under this Contract OWNER and who will serve to provide the necessary direction and coordination for the project. e. Bearing all costs for permitting, reviewing, recording and advertising for the project, as well as any other cost not specifically included in Attachment A or B as a cost to be borne by the CONSULTANT. f. Providing legal right of access to all affected private property for CONSULTANT to perform all necessary surveying, engineering and site visits. All such OWNER responsibilities shall be responsible for day-to-day communication between conducted in a timely manner and without undue delay so as not to delay the Owner and CONSULTANT in the Designer. 3.3 Upon satisfactory completion performance of services performed, the Owner shall make payments to the Designer as provided in Articles 6, 7, 8 and 9, 10 and 11. 3.4 To the extent such data is available, the Owner shall furnish to the Designer existing surveys of the site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs, reports and utility informationhis services. The Designer shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished to the Designer under this Article 3.4 and under Article 4.11, provided that the Designer CONSULTANT shall coordinate its services with those services provided by the services of the Owner’s consultants and shall notify the Owner in writing of any deficiencies in such data of which the Designer becomes aware. 3.5 Except as otherwise provided in this Contract, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor or CM at Risk OWNER and the DesignerOWNER’s consultants through the Designer about matters arising out of or relating to the Construction Contract Documentsconsultants. The Owner shall promptly notify the Designer of any direct communications that may affect the Designer’s services. 3.6 The Owner shall provide the Designer access to the Project site prior to commencement of the Work and shall obligate the Contractor or CM at Risk to provide the Designer access to the Work wherever it is in preparation or progress. 3.7 If the Owner requests the Designer to execute any certificates that are not readily available as of the effective date of this Contract, the proposed language of such certificates CONSULTANT shall be submitted entitled to the Designer for review at least 14 days prior to the requested dates of execution. The Designer rely on, and shall not be required responsible for, the accuracy, completeness and timeliness of services and information furnished by the OWNER and the OWNER’s consultants. The CONSULTANT shall provide prompt written notice to execute certificates the OWNER if the CONSULTANT becomes aware of any error, omission or consents that would require knowledge, inconsistency in such services or responsibilities beyond the scope of this Contractinformation. 3.8 The Owner shall deliver to the Designer in a timely manner written copies of all Approvals required by this Contract. If Approval is withheld, the Owner shall notify the Designer in a timely manner in writing why such Approval is being withheld. 3.9 The Owner shall not unreasonably withhold, delay, condition, or deny any approval, acceptance, or consent required under this Contract, including any Approval.

RESPONSIBILITIES OF THE OWNER. 3.1 3.1. The Owner shall have the right but not the obligation to approve the DesignerA/E’s work. The Owner’s review, approval, or rejection of any such work shall not relieve the A/E of its sole responsibility set forth in Article 2.1. 3.2 3.2. The Owner shall designate an individual a Contract Officer who shall have the authority to act on behalf of the Owner under this Contract and who shall be responsible for day-to-day communication between the Owner and the Designer.A/E. 3.3 3.3. Upon satisfactory completion of services performed, the Owner shall make payments to the Designer A/E as provided in Articles Article 6, 7, 8 and 9, 10 and 11. 3.4 3.4. To the extent such data is available, the Owner shall shall, upon reasonable request by the A/E, furnish to the Designer A/E existing surveys of the site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs, reports and utility information. The Designer A/E shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished to the Designer A/E under this Article 3.4 and under Article 4.114.12, provided that the Designer A/E shall coordinate its services with the services of the Owner’s consultants and shall notify the Owner in writing of any deficiencies in such data of which the Designer A/E becomes aware. 3.5 Except as otherwise provided in this Contract, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor or CM at Risk and the Designer’s consultants through the Designer about matters arising out of or relating to the Construction Contract Documents3.5. The Owner shall promptly notify determine a final Project Construction Budget prior to authorizing the Designer commencement of any direct communications that may affect the Designer’s servicesConstruction Documents Phase. 3.6 3.6. The Owner shall provide the Designer A/E access to the Project site prior to commencement of the Work and shall obligate the Contractor or CM at Risk to provide the Designer A/E access to the Work wherever it is in preparation or progress. 3.7 3.7. If the Owner requests the Designer A/E to execute any certificates that are not readily available as of the effective date of this Contract, the proposed language of such certificates shall be submitted to the Designer A/E for review at least 14 days prior to the requested dates of execution. The Designer A/E shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Contract. 3.8 3.8. The Owner shall deliver to the Designer A/E in a timely manner written copies of all Approvals required by this Contract. If Approval is withheld, the Owner shall notify the Designer A/E in a timely manner in writing why such Approval is being withheld. 3.9 . The Owner shall not unreasonably withhold, delay, condition, or deny any approvalApproval, acceptance, or consent required under this Contract. 3.9. The Owner shall provide information on any previously obtained waivers of local codes or regulations affecting the design of the Project. 3.10. The Owner shall furnish the Front End and the schedule of minimum wage rates for inclusion in the bid documents, including as applicable. 3.11. If the Owner observes or otherwise becomes aware of any Approval.fault or defect in the project or non- conformance with the Contract Documents, the Owner shall give prompt written notice thereof to the A/E.

RESPONSIBILITIES OF THE OWNER. 3.1 The Owner shall have the right to approve the Designer’s work. 3.2 The Owner shall designate an individual who shall have the authority to act on behalf of the Owner under this Contract and who shall be responsible for day-to-day communication between the Owner and the Designer. 3.3 Upon satisfactory completion of services performedOWNER, the Owner shall make payments without cost to the Designer ENGINEER, shall do the following in a timely manner so as provided in Articles 6, 7, 8 and 9, 10 and 11. 3.4 To the extent such data is available, the Owner shall furnish not to the Designer existing surveys of the site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs, reports and utility information. The Designer shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished to the Designer under this Article 3.4 and under Article 4.11, provided that the Designer shall coordinate its services with delay the services of the Owner’s consultants and shall notify the Owner ENGINEER: 3.1 Designate in writing a person to act as the OWNER 's representative with respect to work to be performed under this AGREEMENT, such person to have complete authority to transmit instructions, receive information, interpret and define the OWNER’S policies and decisions with respect to materials, equipment elements and systems pertinent to the work covered by this AGREEMENT. 3.2 Through its officials and other employees who have knowledge of pertinent conditions, confer with the ENGINEER regarding both general and special considerations relating to the PROJECT. 3.3 Assist the ENGINEER by placing at the disposal of the ENGINEER, all available information pertinent to the PROJECT including previous reports and any deficiencies in such other data relative to design or construction of which the Designer becomes awarePROJECT. 3.4 Arrange for access to and make all provisions for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform its work under this AGREEMENT. 3.5 Except as otherwise provided in this ContractFurnish the ENGINEER all needed property, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor or CM at Risk boundary and the Designer’s consultants through the Designer about matters arising out of or relating to the Construction Contract Documents. The Owner shall promptly notify the Designer of any direct communications that may affect the Designer’s servicesright-of-way maps. 3.6 The Owner shall provide Cooperate with and assist the Designer access to the Project site prior to commencement of the Work and shall obligate the Contractor or CM at Risk to provide the Designer access to the Work wherever it ENGINEER in all additional work that is in preparation or progressmutually agreed upon. 3.7 If the Owner requests the Designer to execute any certificates that are not readily available as of the effective date of this Contract, the proposed language of such certificates shall be submitted to the Designer Pay for review at least 14 days prior to the requested dates of execution. The Designer shall not be all police details required to execute certificates or consents that would require knowledge, services or responsibilities beyond complete the scope of this Contractwork. 3.8 The Owner shall deliver to Pay the Designer ENGINEER for work performed in a timely manner written copies of all Approvals required by this Contract. If Approval is withheld, accordance with the Owner shall notify the Designer in a timely manner in writing why such Approval is being withheldterms specified herein. 3.9 The Owner shall Examine all studies, reports, sketches, Drawings, specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants, as OWNER deems appropriate for such examination, and render in writing decisions pertaining thereto within a reasonable time so as not unreasonably withhold, delay, condition, to delay the services of the ENGINEER. 3.10 Give prompt written notice to ENGINEER whenever OWNER observes or deny otherwise becomes aware of any approval, acceptance, development that affects the scope or consent required under this Contract, including timing of ENGINEER’s services or any Approvaldefect or non-conformance of the work of any Contractor(s).

RESPONSIBILITIES OF THE OWNER. 3.1 The Owner shall have the right to approve the Designer’s work. 3.2 The Owner shall designate an individual who shall have the authority to act on behalf of the Owner under this Contract and who shall be responsible for day-to-day communication between the Owner and the Designer. 3.3 Upon satisfactory completion of services performed, the Owner shall make payments to the Designer as provided in Articles 6, 7, 8 and 8, 9, 10 10, and 11. 3.4 To the extent such data is available, the Owner shall furnish to the Designer existing surveys of the site, building plans, borings, test pits, structural, mechanical, chemical chemical, or other test data, tests for air and water pollution and for hazardous materials, photographs, reports reports, and utility information. The Designer shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished to the Designer under this Article 3.4 and under Article 4.11, provided that the Designer shall coordinate its services with the services of the Owner’s consultants and shall notify the Owner in writing of any deficiencies in such data of which the Designer becomes aware. 3.5 Except as otherwise provided in this Contract, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor or CM at Risk and the Designer’s consultants through the Designer about matters arising out of or relating to the Construction Contract Documents. The Owner shall promptly notify the Designer of any direct communications that may affect the Designer’s services. 3.6 The Owner shall provide the Designer access to the Project site prior to commencement of the Work and shall obligate the Contractor or CM at Risk to provide the Designer access to the Work wherever it is in preparation or progress. 3.7 If the Owner requests the Designer to execute any certificates that are not readily available as of the effective date of this Contract, the proposed language of such certificates shall be submitted to the Designer for review at least 14 days prior to the requested dates of execution. The Designer shall not be required to execute certificates or consents that would require knowledge, services services, or responsibilities beyond the scope of this Contract. 3.8 The Owner shall deliver to the Designer in a timely manner written copies of all Approvals required by this Contract. If Approval is withheld, the Owner shall notify the Designer in a timely manner manner, in writing writing, why such Approval is being withheld. 3.9 The Owner shall not unreasonably withhold, delay, condition, or deny any approval, acceptance, or consent required under this Contract, including any Approval.

RESPONSIBILITIES OF THE OWNER. 3.1 The Owner shall have the right to approve the Designer’s work. 3.2 The Owner shall designate an individual individua l who shall have the authority to act on behalf of the Owner under this Contract and who shall be responsible for day-to-day communication between the Owner and the Designer. 3.3 Upon satisfactory completion of services performed, the Owner shall make payments to the Designer as provided in Articles 6, 7, 8 and 9, 10 and 11. 3.4 To the extent such data is available, the Owner shall furnish to the Designer existing surveys of the site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs, reports and utility information. The Designer shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished to the Designer under this Article 3.4 and under Article 4.11, provided that the Designer shall coordinate its services with the services of the Owner’s consultants and shall notify the Owner in writing of any deficiencies in such data of which the Designer becomes aware. 3.5 Except as otherwise provided in this Contract, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor or CM at Risk and the Designer’s consultants through the Designer about matters arising out of or relating to the Construction Contract Documents. The Owner shall promptly notify the Designer of any direct communications that may affect the Designer’s services. 3.6 The Owner shall provide the Designer access to the Project site prior to commencement of the Work and shall obligate the Contractor or CM at Risk to provide the Designer access to the Work wherever it is in preparation or progress. 3.7 If the Owner requests the Designer to execute any certificates that are not readily available as of the effective date of this Contract, the proposed language of such certificates shall be submitted to the Designer for review at least 14 days prior to the requested dates of execution. The Designer shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Contract. 3.8 The Owner shall deliver to the Designer in a timely manner written copies of all Approvals required by this Contract. If Approval is withheld, the Owner shall notify the Designer in a timely manner in writing why such Approval is being withheld. 3.9 The Owner shall not unreasonably withhold, delay, condition, or deny any approval, acceptance, or consent required under this Contract, including any Approval.

RESPONSIBILITIES OF THE OWNER. 3.1 The Owner shall have the right to approve the Designer’s work. 3.2 The Owner shall designate an individual who shall have the authority to act on behalf of the Owner under this Contract and who shall be responsible for day-to-day communication between the Owner and the Designer. 3.3 Upon satisfactory completion of services performedOWNER, the Owner shall make payments without cost to the Designer ENGINEER, shall do the following in a timely manner so as provided in Articles 6, 7, 8 and 9, 10 and 11. 3.4 To the extent such data is available, the Owner shall furnish not to the Designer existing surveys of the site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs, reports and utility information. The Designer shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished to the Designer under this Article 3.4 and under Article 4.11, provided that the Designer shall coordinate its services with delay the services of the Owner’s consultants and shall notify the Owner ENGINEER: 3.1 Designate in writing a person to act as the OWNER 's representative with respect to work to be performed under this AGREEMENT, such person to have complete authority to transmit instructions, receive information, interpret and define the OWNER’S policies and decisions with respect to materials, equipment elements and systems pertinent to the work covered by this AGREEMENT. 3.2 Through its officials and other employees who have knowledge of pertinent conditions, confer with the ENGINEER regarding both general and special considerations relating to the PROJECT. 3.3 Assist the ENGINEER by placing at the disposal of the ENGINEER, all available information pertinent to the PROJECT including previous reports and any deficiencies in other data relative to design or construction of the PROJECT. 3.4 Pay all application and permit fees associated with approvals and permits from all governmental authorities having jurisdiction over the PROJECT and such data approvals and consents from others as may be necessary for completion of which the Designer becomes awarePROJECT. 3.5 Except Arrange for access to and make all provisions for the ENGINEER to enter upon public and private lands as otherwise provided required for the ENGINEER to perform its work under this AGREEMENT. 3.6 Furnish the ENGINEER all needed property, boundary and right-of-way maps. 3.7 Cooperate with and assist the ENGINEER in this Contract, or when direct communications have been specially authorized, all additional work that is mutually agreed upon. 3.8 Pay the Owner shall endeavor to communicate ENGINEER for work performed in accordance with the Contractor terms specified herein. 3.9 Operate all valves, pumps, instrumentation, and other equipment as required to support the ENGINEER during the evaluation and inspection tasks hereto. 3.10 Provide all criteria and full information as to OWNER’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards, which OWNER will require to be included in the Drawings and Specifications. 3.11 Examine all studies, reports, sketches, Drawings, specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants, as OWNER deems appropriate for such examination, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER. 3.12 Give prompt written notice to ENGINEER whenever OWNER observes or CM at Risk and the Designer’s consultants through the Designer about matters arising out of or relating to the Construction Contract Documents. The Owner shall promptly notify the Designer otherwise becomes aware of any direct communications development that may affect affects the Designerscope or timing of ENGINEER’s services. 3.6 The Owner shall provide the Designer access to the Project site prior to commencement of the Work and shall obligate the Contractor or CM at Risk to provide the Designer access to the Work wherever it is in preparation or progress. 3.7 If the Owner requests the Designer to execute any certificates that are not readily available as of the effective date of this Contract, the proposed language of such certificates shall be submitted to the Designer for review at least 14 days prior to the requested dates of execution. The Designer shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Contract. 3.8 The Owner shall deliver to the Designer in a timely manner written copies of all Approvals required by this Contract. If Approval is withheld, the Owner shall notify the Designer in a timely manner in writing why such Approval is being withheld. 3.9 The Owner shall not unreasonably withhold, delay, condition, or deny any approval, acceptance, or consent required under this Contract, including any Approval.

RESPONSIBILITIES OF THE OWNER. OWNER agrees to provide ENGINEER with complete information concerning the requirements of the project and to perform the following services: 3.1 The Owner OWNER shall have provide all criteria and complete information as to the right OWNER’s requirements for the Project and shall furnish all design and construction standards which the OWNER will require to approve be included in the Designer’s workEngineering plans, specifications, and operational narrative. 3.2 The Owner shall designate an individual who shall have OWNER will assist the authority ENGINEER by placing at the ENGINEER’s disposal all available information pertinent to act on behalf of the Owner under this Contract and who shall be responsible for day-to-day communication between the Owner and the DesignerProject. 3.3 Upon satisfactory completion Hold promptly all required meetings, serve all required notices, fulfill all requirements necessary in the development of services performedthe project, the Owner shall make payments to the Designer as provided in Articles 6, 7, 8 and 9, 10 and 11pay all costs incidental thereto. 3.4 To The OWNER shall arrange for access to and make all provisions for the extent such ENGINEER to enter upon public and private property to perform surveying, testing and other data is available, the Owner shall furnish collection as required for ENGINEER to the Designer existing surveys of the site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs, reports and utility information. The Designer shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished to the Designer perform services under this Article 3.4 Agreement. OWNER shall appoint and under Article 4.11designate in writing a person to act as OWNER’s site access representative for such purpose, provided that the Designer shall coordinate its services with the services of the Owner’s consultants and shall notify include contact information for the Owner in writing of any deficiencies in such data of which the Designer becomes awareindividual so designated. 3.5 Except as otherwise provided in this Contract, or when direct communications have been specially authorized, the Owner shall endeavor to communicate Furnish ENGINEER with the Contractor or CM at Risk and the Designer’s consultants through the Designer about matters arising out of or relating to the Construction Contract Documents. The Owner shall promptly notify the Designer a copy of any direct communications that may affect design and construction standards he shall require ENGINEER to follow for the Designer’s servicesproject. 3.6 The Owner shall provide the Designer access Furnish ENGINEER with copies of all deeds, plats, property maps and other information necessary to the Project site prior to commencement description and location of all easements and deeds needed for the Work and shall obligate the Contractor or CM at Risk to provide the Designer access to the Work wherever it is in preparation or progressproject. 3.7 If the Owner requests the Designer Designate, in writing, a single person to execute any certificates that are not readily available act as of the effective date of this Contract, the proposed language of such certificates shall be submitted OWNER's Representative with respect to the Designer for review at least 14 days prior work to be performed under this agreement. The person designated as Representative shall have complete authority to transmit instructions and to receive information with respect to the requested dates of execution. The Designer shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of work covered by this Contractagreement. 3.8 The Owner OWNER shall deliver provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project. The OWNER shall also provide such legal services as the OWNER may require or the ENGINEER may reasonably request with regard to legal issues pertaining to the Designer Project, which are the responsibility of the OWNER, including, but not limited to those responsibilities described in a timely manner written copies Article 3, that must be resolved in order for the ENGINEER to carry out its obligations under this Agreement. This expressly excludes legal services for issues that are the responsibility of all Approvals required by this Contractthe ENGINEER. If Approval It is withheld, expressly understood and agreed that the Owner ENGINEER itself shall notify the Designer in a timely manner in writing why such Approval is being withheldnot furnish or render any legal opinions or legal interpretations as to matters of law or application of law. 3.9 The Owner shall not unreasonably withholdOWNER agrees to pay ENGINEER the Additional Services as may be required for the Project, delayas outlined in this agreement. 3.10 Be the Applicant for all permits and environmental clearances necessary to construct the Project and pay for any and all regulatory permitting and application fees. 3.11 Attend the pre-bid conference, conditionbid opening, or deny any approvalpre-construction conferences, acceptanceconstruction progress and other job-related meetings and Substantial Completion and final payment inspections. Routinely perform site visits to observe the progress and quality of the various aspects of contractor’s work and to determine, or consent required under this Contractin general, including any Approvalif such work is proceeding in accordance with the OWNER’s requirements of the Project.

RESPONSIBILITIES OF THE OWNER. 3.1 The Owner shall have the right to approve the Designer’s work. 3.2 The Owner shall designate an individual who shall have the authority to act on behalf of the Owner under this Contract and who shall be responsible for day-to-day communication between the Owner and the Designer. 3.3 Upon satisfactory completion of services performed, the Owner shall make payments to the Designer as provided in Articles 6, 7, 8 and 9, 10 and 11. 3.4 To the extent such data is available, the Owner shall furnish to the Designer existing surveys of the site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs, reports photographs and utility information. The Designer shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished to the Designer under this paragraph Article 3.4 and under Article paragraph 4.11, provided that the Designer shall coordinate its services with the services of the Owner’s consultants and shall notify the Owner in writing of any deficiencies in such data of which that the Designer becomes awareaware of. 3.5 Except as otherwise provided in this Contract, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor or CM at Risk and the Designer’s consultants through the Designer about matters arising out of or relating to the Construction Contract Documents. The Owner shall promptly notify the Designer of any direct communications that may affect the Designer’s services. 3.6 The Owner shall provide the Designer access to the Project site prior to commencement of the Work and shall obligate the Contractor or CM at Risk to provide the Designer access to the Work wherever it is in preparation or progress. 3.7 If the Owner requests the Designer to execute any certificates that are not readily available as of the effective date of this Contract, the proposed language of such certificates shall be submitted to the Designer for review at least 14 days prior to the requested dates of execution. The Designer shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Contract. 3.8 The Owner shall deliver to the Designer in a timely manner written copies of all Approvals required by this Contract. If Approval is withheld, withheld the Owner shall notify the Designer in a timely manner in writing why such Approval is being withheld. 3.9 The Owner shall not unreasonably withhold, delay, condition, or deny any approval, acceptance, or consent required under this Contract, including any Approval.

RESPONSIBILITIES OF THE OWNER. 3.1 The Owner shall have be responsible to oversee and monitor the right performance of the OPM to approve ensure that it performs its obligations in a satisfactory manner. The Owner shall provide the Designer’s worknecessary general direction and broad management coordination required to execute the Project. 3.2 The Owner shall designate an individual or individuals who shall have the authority to act on behalf of the Owner under this Contract Agreement and who shall be responsible for day-to-day communication between the Owner and the DesignerOPM. 3.3 Upon satisfactory completion of services performed, the Owner shall make payments to the Designer OPM as provided in Articles 6, 7, 8 8, 9 and 9, 10 and 1110. 3.4 After notice from the OPM, or otherwise having actual knowledge, of noncompliance by any Project Vendor or Route Facility Owner with its contract obligations, the Owner shall be responsible for requiring the Project Vendor to comply with its contract obligations and to cooperate with the OPM. 3.5 The Owner shall provide timely information with respect to its requirements relative to the Project Schedule and the Project Budget, and shall further give timely notice to the OPM of any changes or modifications to the same. 3.6 To the extent such data is available, the Owner shall furnish to the Designer OPM the Grant, the Owner’s application for the Grant, the work product of any Project Vendor delivered to the Owner prior to the execution of this Agreement, existing surveys of the Project site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs, reports photographs and utility information, that are in the custody or control of the Owner. The Designer OPM shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished to the Designer under this Article 3.4 and under Article 4.11Section 3.6, provided that the Designer shall coordinate its services with the services of the Owner’s consultants and OPM shall notify the Owner in writing of any deficiencies in such data of which that the Designer OPM becomes awareaware of. 3.5 Except as otherwise provided in this Contract, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor or CM at Risk and the Designer’s consultants through the Designer about matters arising out of or relating to the Construction Contract Documents. The Owner shall promptly notify the Designer of any direct communications that may affect the Designer’s services. 3.6 The 3.7 Owner shall provide the Designer access OPM office space at it principal offices in Westborough, Massachusetts, to accommodate two persons and equipped with internet access, except to the Project site prior extent the OPM notifies the Owner reasonably in advance that the OPM elects to commencement of forego such space and the Work and Owner agrees. The Owner's contract with the Design-Builder shall obligate contain provisions requiring the Contractor or CM at Risk Design-Builder to provide the Designer access OPM with reasonable field office space in reasonable proximity to the Work wherever it location(s) where the Design-Builder is in preparation or progressworking. 3.7 If the Owner requests the Designer to execute any certificates that are not readily available as of the effective date of this Contract, the proposed language of such certificates shall be submitted to the Designer for review at least 14 days prior to the requested dates of execution. The Designer shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Contract. 3.8 The Owner shall deliver to the Designer in a timely manner written copies of all Approvals required by this Contract. If Approval is withheld, the Owner shall notify the Designer in a timely manner in writing why such Approval is being withheld. 3.9 The Owner shall not unreasonably withhold, delay, condition, or deny any approval, acceptance, or consent required under this Contract, including any Approval.

RESPONSIBILITIES OF THE OWNER. 3.1 5.1 The Owner shall have the right to approve the Designer’s work. 3.2 The Owner shall designate an individual who shall have the authority to act on behalf of the Owner under this Contract and who shall be responsible for day-to-day communication between the Owner and the Designer. 3.3 Upon satisfactory completion of services performedshall, the Owner shall make payments to the Designer as provided in Articles 6without unreasonable delay, 7, 8 and 9, 10 and 11. 3.4 To the extent such data is available, the Owner shall furnish to the Designer existing surveys of the site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs, reports and utility information. The Designer shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished to the Designer under this Article 3.4 and under Article 4.11, provided that the Designer shall coordinate its services with the services of the Owner’s consultants and shall notify the Owner in writing of any deficiencies in such data of which the Designer becomes aware. 3.5 Except as otherwise provided in this Contract, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor or CM at Risk and the Designer’s consultants through the Designer about matters arising out of or relating to the Construction Contract Documents. The Owner shall promptly notify the Designer of any direct communications that may affect the Designer’s services. 3.6 The Owner shall provide the Designer access to the Project site prior to commencement of the Work and shall obligate the Contractor or CM at Risk to provide the Designer access to the Work wherever it is in preparation or progress. 3.7 If the Owner requests the Designer to execute any certificates that are not readily available as of the effective date of this Contract, the proposed language of such certificates shall be submitted to the Designer for review at least 14 days prior to the requested dates of execution. The Designer shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Contract. 3.8 The Owner shall deliver to the Designer in a timely manner written copies of render all Approvals approvals required by this Contract. If Approval is withheldContract in writing to the Designer, the Owner or shall notify the Designer in a timely manner in writing why such Approval is approvals are being withheld. 3.9 . The Owner shall not unreasonably withhold, delay, condition, or deny withhold any approval, acceptance, or consent required under this Contract. 5.2 For satisfactory performance of all services required in this Contract, including the Owner shall compensate the Designer in accordance with the provisions of Articles 13 through 17. 5.3 The Owner shall furnish to the Designer, if available and in the owner's possession: available surveys of the Project’s building site, or sites, showing the grades and lines of streets, pavements and adjoining properties; the rights, restrictions, easements, boundaries and contours of the site, or sites; reports from any Approvalborings, test pits, chemical, mechanical or other tests; any photographs and information as to water, sewer, electricity, steam, gas, telephone and other services; and data and drawings regarding existing buildings. All such data and any other data provided to the Designer by the Owner shall remain the property of the Owner. The Designer may use all data provided by the Owner only for the purposes of this Contract, unless the Owner gives the Designer specific written permission for some other use. 5.4 The Owner does not guarantee, nor does it make any express or implied warranties concerning the accuracy of information furnished and the Designer must satisfy him/herself as to the correctness of 5.5 If data of the type identified in section 5.3 is not available or is in the opinion of the Designer insufficient, the Designer, upon request, may be given authorization to obtain the services of a consultant to perform the work, in which case the Designer shall be reimbursed in accordance with Article 15 or to perform the work with his or her own employees, and if authorization is granted, the Designer shall be compensated in accordance with Article 17. In no case shall the Designer commence such work without prior written authorization of the Owner’s Designated Representative.