Common use of THE OWNER'S RESPONSIBILITIES Clause in Contracts

THE OWNER'S RESPONSIBILITIES. 2.1 The Owner shall provide full information regarding requirements for the Project and will cooperate with the Architect during Programming to set forth the Owner’s design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements. 2.2 The Owner shall provide an overall budget for the project, including contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner shall designate a representative authorized to act in the Owner’s behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect’s services. 2.4 The Owner shall provide access to its facilities archive which may contain construction drawings, surveys, and other test reports relating to portions of the Project. The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.5 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the contractor’s Applications for Payment or to ascertain how or for what purposes the contractor uses the moneys paid by or on behalf of the Owner. 2.6 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.7 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect’s services and of the Work.

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect

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THE OWNER'S RESPONSIBILITIES. 2.1 The Owner OWNER shall provide full information regarding requirements for the Project and will cooperate work with the Architect during Programming to set forth DESIGN PROFESSIONAL in the Owner’s design objectives, constraints refinement and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirementscoordination of the program with the Agency. 2.2 The Owner OWNER shall provide establish and update an overall budget for the projectProject, including contingencies for biddingthe Construction Cost, changes in the Work during construction, and OWNER'S other costs which are the responsibility and reasonable contingencies related to all of the Ownerthese costs. 2.3 The Owner OWNER shall designate designate, a representative Project Manager authorized to act in the Owner’s OWNER'S behalf with respect to the Project. The Owner or such authorized representative Project Manager shall examine the documents submitted by the Architect DESIGN PROFESSIONAL and shall render decisions pertaining thereto promptlyin a timely manner, to avoid unreasonable delay in the progress of the Architect’s DESIGN PROFESSIONAL'S services. 2.4 The Owner shall provide access to its facilities archive which may contain construction drawings, surveys, and other test reports relating to portions of the Project. The Owner OWNER shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.5 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the contractor’s Applications for Payment or to ascertain how or for what purposes the contractor uses the moneys paid by or on behalf of the Owner. 2.6 If the Owner OWNER observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner OWNER to the ArchitectDESIGN PROFESSIONAL. 2.6 The OWNER will assign Field Representative for regular observation of the Work during the Construction Phase, who will report his observations to the DESIGN PROFESSIONAL and the Project Manager. 2.7 The Owner shall furnish required information OWNER will make available existing building and services site drawings for the DESIGN PROFESSIONAL'S use. Existing drawings remain the property of the OWNER and shall render approvals be returned promptly. **DELETE 2.8 &/OR 2.9 IF EITHER SOILS INVESTIGATION OR SURVEY ARE NOT REQUIRED. 2.8 The OWNER shall separately furnish the services of a geotechnical engineer, as deemed necessary by the DESIGN PROFESSIONAL, for determining subsoil conditions, with reports and decisions as expeditiously as necessary for the orderly progress appropriate professional recommendations. 2.9 The OWNER shall separately furnish a land survey of the Architect’s services site, as deemed necessary by the DESIGN PROFESSIONAL, giving applicable adjoining property boundaries and contours of the Worksite; locations and data pertaining to existing buildings and other improvements and utilities.

Appears in 2 contracts

Samples: Professional Services Agreement, Professional Services Agreement

THE OWNER'S RESPONSIBILITIES. 2.1 10.1 The Owner shall provide full information regarding its requirements for the Project and will cooperate with the Architect during Programming to set forth the Owner’s design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirementsProject. 2.2 The Owner shall provide an overall budget for the project, including contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 10.2 The Owner shall designate a an Owner's representative authorized to act in the Owner’s on its behalf with respect to the Project. The Owner or such authorized its representative shall examine the documents submitted by the Architect and shall render make decisions pertaining thereto promptly, promptly to avoid unreasonable delay in the progress of the Architect’s services's Work. 2.4 10.3 The Owner shall provide access to its facilities archive which furnish a certified land survey of the site, indicating as applicable: grades and lines of streets and alleys; contours of the site; boundaries; rights-of-way; easements; encroachments; deed restrictions; locations, dimensions and complete data of existing buildings, other improvements and trees; and full information concerning available public and private service and utility lines; and such other information as may contain construction drawingsbe deemed necessary as determined by the Architect. 10.4 The Owner shall furnish the services of a soils engineer when such services are deemed necessary by the Architect, surveysincluding reports, test borings, test pits, soil bearing values and other test reports relating to portions of necessary operations for determining subsoil conditions as determined by the Project. Architect. 10.5 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract DocumentsDocuments unless otherwise provided herein. 2.5 10.6 The services, information, surveys and reports required shall be furnished at the Owner's expense. The Architect shall be entitled to rely upon the accuracy and completeness thereof; but nothing contained herein shall excuse the Architect's failure to report to the Owner any deficiency that is discovered or should have been discovered through the Architect's ordinary diligence in using such information, services, reports and surveys. 10.7 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the contractor’s Applications for Payment or to ascertain how or for what purposes the contractor uses the moneys paid by or on behalf of the Owner. 2.6 10.8 If the Owner observes or otherwise becomes aware of any fault faults or defect defects in the Project or nonconformance in non-conformance with the Contract Documents, it shall give prompt written notice thereof shall be given by the Owner to the Architect. The Owner is under no express duty to observe the Work for the purpose of discovery of faults or defects. 2.7 10.9 The Owner shall furnish required information and render decisions required of it without undue delay. 10.10 The Owner shall pay any fees required by any jurisdictional authority, city, town or county in which any building comprising any aspect of the Project is located, in conjunction with any applicable building, plumbing, electrical, fire prevention and mechanical code adopted by the county, city or town in which the Project is located, with the exception of fees charged by authorities for services provided as a convenience to the Contractor. 10.11 The Owner, at its sole discretion, may employ the services of experts, specialty consultants, or a construction manager ("Owner Consultants") to review Construction Documents, submittals and samples, to make periodic site visits and to report to the Owner any defects or deficiencies in the design or construction of the Project. The Architect agrees to review any information provided by the Owner or Owner's Consultants and to respond promptly to such information. Said Owner's Consultants may be designated as the Owner's representatives. Employment of said Owner's Consultants shall render approvals and decisions as expeditiously as necessary not relieve the Architect from any responsibilities or obligations under this Agreement. The Architect shall not be responsible for the orderly progress acts or omissions of the Architect’s Owner's Consultant(s). 10.12 Except as otherwise required by this Agreement, Architect shall not be required to furnish any services and required to discover, test or remove asbestos, pollutants or other potentially hazardous materials during the course of the WorkProject. If the Architect discovers or is made aware of the existence of such materials, he shall notify promptly the Owner.

Appears in 2 contracts

Samples: Architect Agreement, Architect Agreement

THE OWNER'S RESPONSIBILITIES. 2.1 The Owner shall provide full information regarding requirements for the Project and will cooperate with including to enable the Architect during Programming to development of a detailed project program, which shall set forth the Owner’s design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandabilityexpendability, special equipment and systems and site requirements. The Owner shall meet with the Architect/Engineer with information relating to the Owner’s design objectives. 2.2 The Owner Owner, with the assistance of the Architect/Engineer, shall provide an overall a budget for the project, including Project which shall include contingencies for bidding, changes in the Work work during construction, and other costs which are the responsibility of the Owner, including those described in this Article 2 and Paragraph 3.1. 2.3 The Owner shall designate a representative authorized to act in on the Owner’s behalf with respect to the Project. The appointed representative shall be fully vested to act on the Owner’s behalf in all matters relating to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect Architect/Engineer and shall render decisions and approvals pertaining thereto promptlywithin a reasonable time, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Architect/Engineer shall use its best efforts to provide the Owner with a reasonable amount of time for necessary approvals and shall indicate the required deadline for the approval. 2.4 The Owner shall provide access to its facilities archive which may contain construction drawings, surveys, furnish a legal description and other test reports relating to portions certified land survey of the Project. The Owner shall furnish structuralsite, mechanicalgiving as applicable, chemical grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing building; other laboratory testsimprovements and trees; and full information concerning available service and utility lines both public and private, inspections above and reports as required by law or the Contract Documentsbelow grade, including inverts and depths. 2.5 The Owner shall furnish all legalthe services of soil engineers, accounting geotechnical surveys or other consultants when such services are deemed necessary by the Architect/Engineer and insurance counseling the Owner. Such services as may be necessary at any time for the Projectinclude test boring, test, pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including such auditing services as necessary operations of determining subsoil, air and water conditions, with reports and appropriate professional recommendations, when the Owner may require to verify the contractor’s Applications for Payment or to ascertain how or for what purposes the contractor uses the moneys paid by or on behalf of the Ownerdetermines that such services are necessary. 2.6 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.7 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect’s services and of the Work.

Appears in 1 contract

Samples: Agreement Between Owner and Architect/Engineer

THE OWNER'S RESPONSIBILITIES. 2.1 3.1 The Owner shall provide full information regarding requirements for the Project and will cooperate with the Architect Design/Builder during Programming to set forth the Owner’s 's design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements. 2.2 The 3.2 If the Owner shall provide an overall provides a budget for the project, including Project it shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner, including those described in this Article 3. The Owner shall, at the request of the Design/Builder, provide a statement of funds available for the Project, and their source. 2.3 3.3 The Owner shall designate designate, a representative authorized to act in the Owner’s 's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect Design/Builder and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect’s 's or the Design/Builder's services. 2.4 3.4 The Owner shall provide access to its facilities archive which may contain construction drawings, surveys, furnish a legal description and other test reports relating to portions a certified land survey of the Projectsite, giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights‑of‑way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; and to the extent available locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. 3.5 The Owner shall furnish the services of soil engineers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. 3.6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.5 3.7 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the contractor’s Design/Builders' or any subcontractor's Applications for Payment or to ascertain how or for what purposes the contractor Design/Builder uses the moneys paid by or on behalf of the Owner. 2.6 3.8 The services, information, surveys and reports required by Paragraphs 3.4 through 3.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 3.9 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the ArchitectDesign/Builder. 2.7 3.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the ArchitectDesign/Builder’s services and of the Work.

Appears in 1 contract

Samples: Design Build Agreement

THE OWNER'S RESPONSIBILITIES. 2.1 5.1 The Owner shall provide full information regarding as to requirements for the Project and will cooperate with the Architect during Programming to set forth the Owner’s design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirementsProject. 2.2 The Owner shall provide an overall budget for the project, including contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 5.2 The Owner shall designate a representative representatives authorized to act in the Owner’s its behalf with respect to the Project. The Owner or such authorized representative and shall examine the documents submitted by the Architect and shall Architect-Engineer; render decisions pertaining thereto promptly, promptly to avoid unreasonable delay in the progress of the Architect’s services-Engineer's work; and observe the procedure of issuing orders to contractors only through the Architect-Engineer. 2.4 The Owner shall provide access to its facilities archive which may contain construction drawings, surveys, and other test reports relating to portions of the Project. 5.3 The Owner shall furnish or direct the Architect-Engineer to obtain, at the Owner's expense, a certified survey of the site giving, as required, grades and lines of streets, alleys, pavements and adjoining property; rights of way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the building site; locations, dimensions and complete data pertaining to existing buildings; other improvements and trees; full information as to available service and utility lines, both public and private; and test borings and pits necessary for determining subsoil conditions. 5.4 The Owner shall pay for structural, chemical, mechanical, chemical soil mechanics or other tests and other laboratory testsreports, inspections and reports as required by law or the Contract Documentsif required. 2.5 5.5 The Owner shall furnish all arrange and pay for such legal, accounting auditing, and insurance counseling services as may be necessary at any time required for the Project, including such auditing services as the Owner may require to verify the contractor’s Applications for Payment or to ascertain how or for what purposes the contractor uses the moneys paid by or on behalf of the Owner. 2.6 5.6 If the Owner observes or otherwise becomes aware of any fault or defect defects in the Project or nonconformance with the Contract DocumentsProject, prompt written notice thereof shall be given by the Owner to the Architect-Engineer. 2.7 5.7 If the Estimate of Probable Project Construction Cost, the Detailed Cost Estimate, or the lowest bona fide proposal is in excess of any limit stated herein, the Owner may give written approval for an increase in the limit or shall cooperate in revising the project scope or quality, or both, to reduce the cost as required by TA or CO. 5.8 The Owner shall furnish required information may retain a Construction Manager to manage the Project. The Construction Manager’s services, duties and services responsibilities will be as described in the Agreement Between Owner and shall render approvals Construction Manager. The Terms and decisions as expeditiously as necessary for Conditions of the orderly progress Owner/Construction Contractor Agreement will be furnished to the Architect-Engineer and will not be modified without notification of the Architect’s services and of the Work-Engineer.

Appears in 1 contract

Samples: Agreement Between Owner and Architect Engineer for Single Project

THE OWNER'S RESPONSIBILITIES. 2.1 th re § 4.1 The Owner shall provide full information regarding requirements for the Project and will cooperate with the Architect during Programming to set information, including a program setting forth the Owner’s 's design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements. 2.2 . The Owner shall provide establish and update an overall budget for the projectProject, including contingencies for biddingthe Construction Cost, changes in the Work during construction, and Owner's other costs which are and reasonable contingencies related to all of these costs. If requested by the responsibility of Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 2.3 § 4.2 The Owner shall designate a representative authorized to act in on the Owner’s 's behalf with respect to the Project. wi The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptlyto document Architect in a timely manner, so as to avoid unreasonable delay in the progress of the orderly and sequentia Architect’s 's services. 2.4 § 4.3 The Owner shall provide access to its facilities archive which may contain construction drawings, surveysfurnish a legal description, and other test reports relating to portions the services of the Project. geotechnical engineers § 4.4 The Owner shall furnish structural, mechanical, chemical chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports as required by law or the Contract Documents. 2.5 § 4.5 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the contractor’s Contractor's Applications for Payment or to ascertain how or for what purposes the contractor uses Contractor has used the moneys money paid by or on behalf of the Owner. 2.6 If . The Owner shall furnish the Owner observes or otherwise becomes aware services of any fault or defect in other consultants when such services are reasonably required by the scope of the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given and are requested by the Owner to the Architect. 2.7 § 4.6 The Owner, unless otherwise provided in Article 12, shall furnish all legal, accounting, planning, estimating and other services and expenses required to prepare, present and process any application for governmental or private financing, mortgage insurance or subsidy. § 4.7 The Owner, unless otherwise provided in Article 12, may furnish the services of a cost consultant or cost estimator to provide all construction cost data, preliminary estimates of Construction Cost or other cost estimates as the Architect's work progresses. The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for plans to secure construction cost estimates at the orderly progress following stages of the Architect’s services and development of the WorkDrawings and Specifications: 100% Schematic Design; and _50 % Construction Documents.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect for Housing Services

THE OWNER'S RESPONSIBILITIES. 2.1 A. The Owner shall provide full information regarding his requirements for the Project and will cooperate with the Architect during Programming to set forth the Owner’s design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirementsproject. 2.2 The Owner shall provide an overall budget for the project, including contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 B. The Owner shall designate a representative authorized to act in the Owner’s on his behalf with respect to the Projectproject. The Owner or such authorized his representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect’s serviceswork. 2.4 C. The Owner shall provide access furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; right-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to its facilities archive which may contain construction drawingsexisting buildings, surveysother improvements and trees; and full information concerning available service and utility lines both public and private, above the below grade, including inverts and depths. D. The Owner shall furnish the services of a soils engineer, when such services are deemed necessary by the Architect, including reports, test borings, test pits, soil boring values and other test reports relating to portions of the Project. necessary operations for determining subsoil conditions with appropriate professional interpretations thereof. E. The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documentscontract documents. 2.5 F. The Owner shall furnish all such legal, accounting accounting, and insurance counseling services as may be necessary at any time for the Projectproject, including and such auditing services as the Owner he may require to verify the contractor’s Applications for Payment or to ascertain how or for what purposes the contractor uses Contractor or Construction Manager has used the moneys paid to him under the project contract. G. The services, information, surveys and reports required by or on behalf of Part III-C through III-F inclusive, shall be furnished at the Owner’s expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.6 H. If the Owner observes or otherwise becomes aware of any fault or defect in the Project project or nonconformance non-conformance with the Contract Documentscontract documents, he shall give prompt written notice thereof shall be given by the Owner to the Architect. 2.7 I. The Owner shall furnish information required information and services and shall render approvals and decisions of him as expeditiously as necessary for the orderly progress of the Architect’s services and work. J. The Owner shall have the right during the term of the Workcontract to determine the amount of the project to be completed and the determination of the Owner shall be based upon Owner’s review of the budget of the project.

Appears in 1 contract

Samples: Architectural Services Agreement

THE OWNER'S RESPONSIBILITIES. 2.1 5.1. The Owner shall provide full information regarding requirements furnish the Preconstruction Manager with detailed program requirements. The Owner and Contractor shall jointly agree on the Project Budget, prepared by the Preconstruction Manager for the Project and will cooperate with the Architect during Programming to set forth the Owner’s design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirementsProject. 2.2 The Owner 5.2. Xxxxxx Xxxxx, or such other person as is designated, shall provide an overall budget for the project, including contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the be Owner. 2.3 The Owner shall designate a 's representative authorized to act in the Owner’s on its behalf with respect to the Project. The Owner or reserves the right to change the designated representative at any time by giving written notice of such authorized representative change to the Preconstruction Manager. 5.3. The Architect shall examine design and prepare construction documents for the documents submitted Project. The Architect's services, duties and responsibilities are described in the Agreement between the Owner and the Architect, pertinent parts of which will be furnished to the Preconstruction Manager and will not be modified without written notification to the Preconstruction Manager by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect’s servicesOwner. 2.4 The Owner shall provide access to its facilities archive which may contain construction drawings, surveys, and other test reports relating to portions of the Project5.4. The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.5 The Owner shall furnish all such legal, accounting and insurance counseling services as may be necessary at any time for the Projectnecessary, including and such auditing services as the Owner he may require to verify the contractor’s Applications for Payment or to ascertain how or for what purposes the contractor uses Preconstruction Manager has used the moneys monies paid by or on behalf to him under this Agreement. 5.5. The Owner and/or Architect shall furnish the Preconstruction Manager with a sufficient quantity of drawings and specifications required for the Preconstruction Services and bidding of the Ownersubcontractor and supplier trades. 2.6 5.6. The Owner shall be responsible for rezoning applications; platting legal, topographical, and utility surveys; soils investigations and reports; testing and inspections; utility service company capital costs, development fees, and/or plant investment fees. 5.7. If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance non-conformance with the Contract Documents, he shall give prompt written notice thereof to the Preconstruction Manager. 5.8. The services, information, surveys and reports required by paragraphs 5.3 through 5.6, inclusive, shall be given furnished at the Owner's expense and the Preconstruction Manager shall be entitled to rely upon the accuracy and completeness thereof, unless otherwise notified by the Owner Owner, to the Architectextent that it is reasonable to do so. 2.7 5.9. The Owner shall furnish information required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect’s services and of the Workwork.

Appears in 1 contract

Samples: Preconstruction Services Agreement

THE OWNER'S RESPONSIBILITIES. 2.1 6.1 The Owner shall provide full information regarding as to its requirements for the Project and will cooperate with the Architect during Programming to set forth the Owner’s design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirementsProject. 2.2 The Owner shall provide an overall budget for the project, including contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 6.2 The Owner shall designate a representative representatives authorized to act in the Owner’s behalf with respect to the Projecton its behalf. The Owner or such authorized representative It shall examine the documents submitted by the Architect Architect-Engineer and shall render decisions pertaining thereto promptly, promptly to avoid unreasonable delay in the progress of the Architect’s services-Engineer's work. It shall observe the procedure of issuing orders to Construction Manager only through the Architect-Engineer. 2.4 6.3 The Owner shall provide access retain a Construction Manager to its facilities archive which may contain manage the construction drawings, surveys, and other test reports relating to portions of the Project. The Construction Manager’s services, duties and responsibilities will be as described in the Agreement between the Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections the Construction Manager. The terms and reports as required by law or conditions of the Contract DocumentsAgreement will be furnished to the Architect- Engineer and will not be modified without notifying the Architect-Engineer. 2.5 6.4 The Owner shall furnish all or direct the Architect-Engineer to obtain, at the Owner's expense, a certified survey of the site giving, as required, grades and lines of streets, alleys, pavements, and adjoining property; rights of way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the building site; locations, dimensions, and complete data pertaining to existing buildings, other improvements and trees; full information as to available service and utility lines, both public and private; and test borings and pits necessary for determining subsoil conditions. 6.5 The Owner shall pay for structural, chemical, mechanical, soil mechanics, or other tests and reports, if required. 6.6 The Owner shall arrange and pay for such legal, accounting auditing, and insurance counseling services as may be necessary at any time required by the Owner for the Project, including such auditing services as the Owner may require to verify the contractor’s Applications for Payment or to ascertain how or for what purposes the contractor uses the moneys paid by or on behalf of the Owner. 2.6 6.7 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract DocumentsProject, it shall give prompt written notice thereof shall be given by the Owner to the Architect-Engineer and the Construction Manager. 2.7 The 6.8 If the Estimate of Probable Project Construction Cost is in excess of any limit stated herein, the Owner may give written approval of an increase in the limit or shall furnish cooperate in revising the project scope or quality, or both, to reduce the cost as required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect’s services and of the Workor assist in defining bid alternatives.

Appears in 1 contract

Samples: Real Estate Development and Management Agreement

THE OWNER'S RESPONSIBILITIES. 2.1 The Owner shall may in its discretion provide full information regarding requirements for the Project and will cooperate with the Architect during Programming to set forth the Owner’s design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements. 2.2 The Owner shall provide an overall a budget for the projectProject, including based on consultation with the Construction Manager and the Architect, which may include contingencies for bidding, changes in the Work during construction, construction and other costs which are the responsibility of the Owner. 2.3 2.2 The Owner shall designate a representative one or more representatives authorized to act in the Owner’s behalf with respect to the Project. The Construction Manager shall fully cooperate with all Owner representatives. The Owner, or such any of its authorized representative representatives, shall examine the documents submitted by the Architect Construction Manager and shall render decisions pertaining thereto promptly, promptly to avoid unreasonable delay in the progress of the ArchitectConstruction Manager’s services. The Owner’s representatives shall have no authority except as may be delegated by the Owner, and said representatives are not authorized to waive, either by oral directions or by course of conduct, any term of this Agreement. 2.3 The Owner shall retain an Architect whose services, duties and responsibilities shall be described in the agreement between the Owner and the Architect. A copy of the Owner Architect Agreement will be furnished to the Construction Manager upon request. 2.4 The Owner shall provide access to its facilities archive which may contain construction drawings, surveys, and other test reports relating to portions of the Project. The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.5 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time the Construction Manager a sufficient quantity of Contract Documents for the Project, including such auditing services as the Owner may require to verify the contractor’s Applications for Payment or to ascertain how or for what purposes the contractor uses the moneys paid by or on behalf efficient bidding of the OwnerProject. 2.6 The services, information and reports required by Paragraphs 2.1 through 2.5, inclusive, shall be furnished at the Owner’s expense, and unless the Construction Manager has knowledge to the contrary, the Construction Manager shall be entitled to rely upon their accuracy and completeness. However, nothing in this Paragraph shall relieve the Construction Manager of any of its duties and responsibilities under this Agreement. 2.7 If the Owner observes or otherwise becomes aware of any fault or defect in the Contract Documents or the Project or any nonconformance with the Contract Documents, prompt written reasonable notice thereof shall be given by the Owner to the Construction Manager and the Architect. Notwithstanding this provision, nothing herein shall relieve the Construction Manager from any obligations set forth in this 2.8 The Owner reserves the right to perform work related to the Project with the Owner’s own forces, and to award contracts in connection with the Project which are not part of the Construction Manager’s responsibilities under this Agreement. The Construction Manager shall cooperate fully with the Owner with respect to any such work and will coordinate the Work of the Construction Manager and the Trade Contractors with any work performed independently by the Owner or any separate Contractor. The Construction Manager shall timely notify the Owner in writing if any such independent work will in any way compromise the Construction Manager’s ability to meet the Construction Manager’s responsibilities under this Agreement. . The Owner shall require the separate contractor to meet the same requirements of the Trade Contractors, including those regarding insurance, safety and repair of work damaged by the separate contractor. The Owner shall ensure that its contract with the separate contractor requires the separate contractor to comply with the CM’s directions regarding the scheduling of the separate contractor’s work, and the access to and staging of the separate contractor’s work at the Project site. 2.7 2.9 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the ArchitectConstruction Manager’s services and the Work of the WorkTrade Contractors. 2.10 The Owner may elect, in its discretion, to purchase materials, equipment or supplies for use in construction of the Project or for installation in the Project. In such event, the Construction Manager shall assist the Owner as requested in the ordering and coordination of any such materials, equipment or supplies. The furnishing of any such assistance shall be provided as part of the Construction Manager’s Basic Services without further charge to the Owner.

Appears in 1 contract

Samples: Construction Management Agreement

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THE OWNER'S RESPONSIBILITIES. 2.1 The Owner shall provide full information regarding requirements for the Project and will cooperate with the Architect during Programming to including an Education Specification, which shall set forth in general, the Owner’s design 's project objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements. 2.2 The Owner's statement of funds available for Project and their sources is specified in Exhibit A. The Owner shall provide an overall will not make significant changes to the budget for without notifying the project, including contingencies for bidding, Consultant. Budget changes may not necessarily be accompanied by or be the result of changes in the Work during construction, and other costs which are the responsibility of the OwnerProject scope or quality. 2.3 The Owner shall designate designate, when necessary, a representative authorized to act in the Owner’s 's behalf with respect to the Project. The Owner or such authorized representative shall may examine the documents submitted by the Architect Consultant and shall promptly render decisions or opinions pertaining thereto promptly, to them to avoid unreasonable delay in the progress of the Architect’s Consultant's services. 2.4 The Owner shall provide access to its facilities archive which may contain construction drawings, surveys, furnish a legal description and other test reports relating to portions a land survey of the Projectsite, giving as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to adjacent existing buildings, other improvements and trees. Also to be included will be full information, to the best of the Owner’s knowledge, concerning location, available service and utility lines both public and private, above and below grade including inverts and depths. If so indicated in Exhibit C, the Owner may request that the Consultant provide the land survey as an Additional Service. Where location or capacity of utilities is critical to the Work, field verification shall become a part of this Agreement. 2.5 The Owner shall furnish the services of geo-technical engineers when these services are deemed necessary by the Consultant or Owner. Such services may include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. All other special engineers or sub-consultants deemed necessary by the Consultant and agreed to by the Owner will be added to this contract. At the Owner’s option, the Consultant will include these services in his contract as Additional Services and will have his fee adjusted for these services. 2.6 The Owner shall furnish, or direct the Consultant to furnish, special structural, mechanical, chemical material and other laboratory tests, inspections and reports as required by law law, building or safety codes, the Contract Documents, or as necessary to assure compliance with Contract Document’s requirements. 2.5 2.7 The Owner shall may provide plan review services of final Construction Documents, in addition to that required by the State Fire Xxxxxxxx in addition to those required of the Consultant. These services will be retained and paid for by the Owner. 2.8 The Owner also may solicit, obtain and pay for an additional, independent confirming cost estimate prior to the release of the documents for final pricing by the Contractor. Differences between the two estimates are to be reconciled between the Contractor, Consultant and the Owner’s cost consultant, and necessary adjustments made to the Contract Documents, prior to obtaining a Guaranteed Maximum Price from the Contractor. 2.9 The Owner will furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the contractor’s Contractor's Applications for Payment or to ascertain how or for what purposes the contractor Contractor uses the moneys paid by or on behalf of the Owner. 2.6 2.10 The services, information, surveys and reports required of the Owner by this Section shall be furnished at the Owner's expense, and the Consultant shall be entitled to rely reasonably upon the accuracy and completeness thereof. 2.11 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, the Owner shall give the Consultant prompt written notice thereof notice. This responsibility shall be given by not affect the Owner to the ArchitectConsultant's responsibilities as set forth in Section 1.5. 2.7 2.12 The Owner shall furnish required information and services services, and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect’s Consultant's services and of the Work.

Appears in 1 contract

Samples: Owner Consultant Agreement

THE OWNER'S RESPONSIBILITIES. 2.1 The Owner shall provide full information regarding requirements for the Project and will cooperate with the Architect during Programming to including an Education Specification, which shall set forth in general, the Owner’s design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements.'s project 2.2 The Owner's statement of funds available for Project and their sources is specified in Exhibit A. The Owner shall provide an overall will not make significant changes to the budget for without notifying the project, including contingencies for bidding, Consultant. Budget changes may not necessarily be accompanied by or be the result of changes in the Work during construction, and other costs which are the responsibility of the OwnerProject scope or quality. 2.3 The Owner shall designate designate, when necessary, a representative authorized to act in the Owner’s 's behalf with respect to the Project. The Owner or such authorized representative shall may examine the documents submitted by the Architect Consultant and shall promptly render decisions or opinions pertaining thereto promptly, to them to avoid unreasonable delay in the progress of the Architect’s Consultant's services. 2.4 The Owner shall provide access to its facilities archive which may contain construction drawings, surveys, furnish a legal description and other test reports relating to portions a land survey of the Projectsite, giving as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to adjacent existing buildings, other improvements and trees. Also to be included will be full information, to the best of the Owner’s knowledge, concerning location, available service and utility lines both public and private, above and below grade including inverts and depths. If so indicated in Exhibit C, the Owner may request that the Consultant provide the land survey as an Additional Service. Where location or capacity of utilities is critical to the Work, field verification shall become a part of this Agreement. 2.5 The Owner shall furnish the services of geo-technical engineers when these services are deemed necessary by the Consultant or Owner. Such services may include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. All other special engineers or sub-consultants deemed necessary by the Consultant and agreed to by the Owner will be added to this contract. At the Owner’s option, the Consultant will include these services in his contract as Additional Services and will have his fee adjusted for these services. 2.6 The Owner shall furnish, or direct the Consultant to furnish, special structural, mechanical, chemical material and other laboratory tests, inspections and reports as required by 2.7 The Owner may provide plan review services of final Construction Documents, in addition to that required by law or the State Fire Xxxxxxxx in addition to those required of the Consultant. These services will be retained and paid for by the Owner. 2.8 The Owner also may solicit, obtain and pay for an additional, independent confirming cost estimate prior to the release of the documents for <bidding <final pricing by the Contractor. Differences between the two estimates are to be reconciled between the Contractor, Consultant and the Owner’s cost consultant, and necessary adjustments made to the Contract Documents, prior to <release of the documents for bidding> obtaining a Guaranteed Maximum Price from the Contractor. 2.5 2.9 The Owner shall will furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the contractor’s Contractor's Applications for Payment or to ascertain how or for what purposes the contractor Contractor uses the moneys paid by or on behalf of the Owner. 2.6 2.10 The services, information, surveys and reports required of the Owner by this Section shall be furnished at the Owner's expense, and the Consultant shall be entitled to rely reasonably upon the accuracy and completeness thereof. 2.11 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, the Owner shall give the Consultant prompt written notice thereof notice. This responsibility shall be given by not affect the Owner to the ArchitectConsultant's responsibilities as set forth in Section 1.5. 2.7 2.12 The Owner shall furnish required information and services services, and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect’s Consultant's services and of the Work.

Appears in 1 contract

Samples: Owner/Consultant Agreement

THE OWNER'S RESPONSIBILITIES. 2.1 The Owner shall provide full information information, including a complete program, regarding his requirements for the Project and will cooperate with the Architect during Programming to set forth the Owner’s design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirementsProject. 2.2 The Owner shall provide an overall budget for the projectdesignate, including contingencies for biddingwhen necessary, changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner shall designate a representative authorized to act in the Owner’s his behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect’s 's services. 2.3 The Owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights‑of‑way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. 2.4 The Owner shall provide access to its facilities archive which may contain construction drawingsfurnish the services of a soils engineer or other consultant when such services are deemed necessary by the Architect, surveysincluding reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests and other test reports relating to portions of the Project. necessary operations for determining subsoil, air and water conditions, with appropriate professional recommendations. 2.5 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.5 2.6 The Owner shall furnish all such legal, accounting accounting, and insurance counseling services as may be necessary at any time for the Project, including Project and such auditing services as the Owner he may require to verify the contractor’s Applications for Payment or to ascertain how or for what purposes the contractor uses Contractor has used the moneys monies paid to him under the Construction Contract. 2.7 The services, information, surveys and reports required by or on behalf of Paragraphs 2.3 through 2.6 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to reasonably rely upon the accuracy and completeness thereof. 2.6 2.8 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance non‑conformance with the Contract Documents, he shall give prompt written notice thereof shall be given by the Owner to the Architect. 2.7 2.9 The Owner shall furnish information required information and services and shall render approvals and decisions of him as expeditiously as necessary for the orderly progress of the Architect’s services and of the Work.

Appears in 1 contract

Samples: Architectural Services Agreement

THE OWNER'S RESPONSIBILITIES. 2.1 The Owner shall provide full information regarding requirements for the Project and will cooperate with the Architect during Programming to including an Education Specification, which shall set forth in general, the Owner’s design 's project objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirements. 2.2 The Owner's statement of funds available for Project and their sources is specified in Exhibit A. The Owner shall provide an overall will not make significant changes to the budget for without notifying the project, including contingencies for bidding, Consultant. Budget changes may not necessarily be accompanied by or be the result of changes in the Work during construction, and other costs which are the responsibility of the OwnerProject scope or quality. 2.3 The Owner shall designate designate, when necessary, a representative authorized to act in the Owner’s 's behalf with respect to the Project. The Owner or such authorized representative shall may examine the documents submitted by the Architect Consultant and shall promptly render decisions or opinions pertaining thereto promptly, to them to avoid unreasonable delay in the progress of the Architect’s Consultant's services. 2.4 The Owner shall provide access to its facilities archive which may contain construction drawings, surveys, furnish a legal description and other test reports relating to portions a land survey of the Projectsite, giving as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to adjacent existing buildings, other improvements and trees. Also to be included will be full information, to the best of the Owner’s knowledge, concerning location, available service and utility lines both public and private, above and below grade including inverts and depths. If so indicated in Exhibit C, the Owner may request that the Consultant provide the land survey as an Additional Service. Where location or capacity of utilities is critical to the Work, field verification shall become a part of this Agreement. 2.5 The Owner shall furnish the services of geo-technical engineers when these services are deemed necessary by the Consultant or Owner. Such services may include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. All other special engineers or sub-consultants deemed necessary by the Consultant and agreed to by the Owner will be added to this contract. At the Owner’s option, the Consultant will include these services in his contract as Additional Services and will have his fee adjusted for these services. 2.6 The Owner shall furnish, or direct the Consultant to furnish, special structural, mechanical, chemical material and other laboratory tests, inspections and reports as required by law law, building or safety codes, the Contract Documents, or as necessary to assure compliance with Contract Document’s requirements. 2.5 2.7 The Owner shall may provide plan review services of final Construction Documents, in addition to that required by the State Fire Xxxxxxxx in addition to those required of the Consultant. These services will be retained and paid for by the Owner. 2.8 The Owner also may solicit, obtain and pay for an additional, independent confirming cost estimate prior to the release of the documents for <bidding <final pricing by the Contractor. Differences between the two estimates are to be reconciled between the Contractor, Consultant and the Owner’s cost consultant, and necessary adjustments made to the Contract Documents, prior to <release of the documents for bidding> obtaining a Guaranteed Maximum Price from the Contractor. 2.9 The Owner will furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the contractor’s Contractor's Applications for Payment or to ascertain how or for what purposes the contractor Contractor uses the moneys paid by or on behalf of the Owner. 2.6 2.10 The services, information, surveys and reports required of the Owner by this Section shall be furnished at the Owner's expense, and the Consultant shall be entitled to rely reasonably upon the accuracy and completeness thereof. 2.11 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, the Owner shall give the Consultant prompt written notice thereof notice. This responsibility shall be given by not affect the Owner to the ArchitectConsultant's responsibilities as set forth in Section 1.5. 2.7 2.12 The Owner shall furnish required information and services services, and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect’s Consultant's services and of the Work.

Appears in 1 contract

Samples: Owner/Consultant Agreement

THE OWNER'S RESPONSIBILITIES. 2.1 A. The Owner shall provide full information regarding its requirements for the Project and will cooperate with the Architect during Programming to set forth the Owner’s design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems and site requirementsproject. 2.2 The Owner shall provide an overall budget for the project, including contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 B. The Owner shall designate a representative authorized to act in the Owner’s on its behalf with respect to the Projectproject. The Owner or such authorized its representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect’s services's work. 2.4 C. The Owner shall provide access to its facilities archive which may contain construction drawingsfurnish available information as applicable including locations, surveysdimensions, and complete data pertaining to existing buildings, other improvements, full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths, and Owner record documents for all existing buildings or systems related to projects under this contract. D. The Owner shall furnish the services of a soils engineer, when suchservices are deemed necessary by the Architect, including reports, test reports relating to portions of the Project. borings, test pits, soil boring values and other necessary operations for determining subsoil conditions with appropriate professional interpretationsthereof. E. The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections inspections, and reports as required by law or the Contract Documentscontract documents. 2.5 F. The Owner shall furnish all such legal, accounting accounting, and insurance counseling services as may be necessary at any time for the Projectproject, including and such auditing services as the Owner it may require to verify the contractor’s Applications for Payment or to ascertain how or for what purposes the contractor uses Contractor or Construction Manager has used the moneys paid to them under the project contract. G. The services, information, surveys, and reports required by or on behalf of Article IV-C through IV-F inclusive, shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.6 H. If the Owner observes or otherwise becomes aware of any fault or defect in the Project project or nonconformance non-conformance with the Contract Documentscontract documents, the Owner shall give prompt written notice thereof shall be given by the Owner to the Architect. 2.7 I. The Owner shall furnish information required information and services and shall render approvals and decisions of it as expeditiously as necessary for the orderly progress of the Architect’s services and work. J. The Owner shall have the right during the term of the Workcontract to determine the amount of the project to be completed and the determination of the Owner shall be based upon the Owner's review of the budget of the project.

Appears in 1 contract

Samples: Architectural Services Agreement

THE OWNER'S RESPONSIBILITIES. 2.1 4.1 The Owner shall provide full information regarding as to the requirements for the Project and will cooperate with Project. 4.2 If required, the Architect during Programming Owner shall furnish or direct the Consultant to set forth obtain, at the Owner’s design objectives's expense, constraints a certified survey of the site giving grades and criterialines of streets, including space requirements alleys, pavements and relationshipsadjoining property; rights of way, flexibility restrictions, easements, encroachments, zoning, deed restrictions, boundaries and expandabilitycontours of the building site; locations, special equipment dimensions and systems complete data pertaining to existing buildings, other improvements and site requirementstrees; full information as to available service and utility lines, both public and private; and test borings and pits necessary for determining subsoil conditions. 2.2 4.3 The Owner shall provide an overall budget pay for the projectstructural, including contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner shall designate a representative authorized to act in the Owner’s behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect’s services. 2.4 The Owner shall provide access to its facilities archive which may contain construction drawings, surveys, and other test reports relating to portions of the Project. The Owner shall furnish structuralchemical, mechanical, chemical soil mechanics or other tests and other laboratory testsreports, inspections and reports as required by law or the Contract Documentsif required. 2.5 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the contractor’s Applications for Payment or to ascertain how or for what purposes the contractor uses the moneys paid by or on behalf of the Owner. 2.6 4.4 If the Owner observes or otherwise becomes aware of any fault or defect in any project implemented hereunder, the Project or nonconformance with the Contract Documents, Owner shall give prompt written notice thereof to the Consultant. 4.5 Owner's review, inspection, or approval of any design documents, Applications for Payment or other submittals to Owner by Consultant shall be given solely for the purpose of determining whether the same are generally consistent with Owner's program and requirements. No review, inspection, or approval by Owner of such documents shall relieve Consultant of its responsibility for the performance of its obligations under the Contract Documents or the accuracy, adequacy, fitness, suitability, or coordination of the services to be provided hereunder. Approval by any governmental or other regulatory agency or other governing body of any Contract Documents shall not relieve Consultant of responsibility for the performance of its obligations under this Agreement. Furthermore, payment by Owner pursuant to the ArchitectContract Documents shall not constitute a waiver of any of Owner's rights under the Contract Documents or at law, and Consultant expressly accepts the risk that defects in its performance, if any, may not be discovered until after payment, including final payment, is made by Owner. 2.7 4.6 If any of Consultant's estimates of Construction Cost for a specific project is in excess of Owner's budget for a specific project, Owner may either give written approval of an increase in Owner's budget or shall direct the Consultant to re-design such project to bring the estimated cost thereof within Owner's budget. Such revisions shall be a Basic Services, unless Consultant had previously provided Owner with the notice specified in Article 7. 4.7 The Owner shall furnish required information review and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress approve or take other appropriate action on all work submittals of the ArchitectConsultant within twenty one (21) business days after Owner’s services and receipt of the Work.same

Appears in 1 contract

Samples: Agreement for Continuing Services

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