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equipment and systems, and site requirements. The Commencement Date will be fixed in a notice to proceed.
<br />Substantial Completion therefore is (365) calendar days from notice to proceed scheduled for December, 2008.
<br />§ 3.1.2 The Owner shall, at the written request of the Construction Manager prior to commencement of the
<br />Construction Phase and thereafter, furnish to the Construction Manager reasonable evidence that financial
<br />arrangements have been made to fulfill the Owner's obligations under the Contract. Furnishing of such evidence
<br />shall be a condition precedent to commencement or continuation of the Work. After such evidence has been
<br />furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Construction
<br />Manager.
<br />§ 3.1.3 The Owner shall establish and update an overall budget for the Project, based on consultation with the
<br />Construction Manager and Architect. The Guaranteed Maximum Price shall include an Owner's Contingency,
<br />which is defined as an allowance established by the Owner for the Owner's exclusive use. Monies from Owner's
<br />Contingency may be spent in the discretion of Owner. Any unused Owner's Contingency shall accrue to the
<br />Owner..
<br />§ 3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS
<br />In the Preconstruction Phase, the Owner shall furnish the items set forth in this Section 3.1.4 with reasonable
<br />promptness and at the Owner's expense. Such documents shall be provided for information only and are not
<br />warranted or represented to show the conditions at the Project site accurately. Construction Manager may use the
<br />information at its own risk and shall use customary precaution relating to the performance of the Work.
<br />Notwithstanding the preceding sentences and the delivery of surveys or other documents and reports by Owner,
<br />lines, cables, pipes, or pipelines on the Property. Contractor shall be responsible for any damage done to such lines,
<br />cables, pipes and pipelines during the Work if the same are shown on documents provided or obtained by the
<br />Construction Manager or if Construction Manager reasonably should have known that such subsurface features were
<br />present on the Site.
<br />§ 3.1.4.1 Reports, surveys, drawings and tests concerning the conditions of the site which are required by law.
<br />§ 3.1.4.2 Surveys describing physical characteristics, legal limitations and utility locations for the site of the Project,
<br />and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and
<br />lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way,
<br />restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
<br />dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information
<br />concerning available utility services and lines, both public and private, above and below grade, including inverts and
<br />depths. All information on the survey shall be referenced to a project benchmark.
<br />§ 3.1.4.3 The services of a geotechnicai engineer when such services are reasonably required by the Work and
<br />requested by the Construction Manager. Such services may include but are not limited to test borings, test pits,
<br />determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and
<br />resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate
<br />professional recommendations.
<br />§ 3.1.4.4 Structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other
<br />laboratory and environmental tests, inspections and reports which are required by law.
<br />§ 3.1.4.5 The services of other consultants when such services are reasonably required by the Scope of the Work or
<br />the Project and are approved by the Owner.
<br />§ 3.2 OWNER'S DESIGNATED REPRESENTATIVE
<br />Owner (City Council), by majority vote, is the only representative of the Owner, having the power to enter into a
<br />Contract, approve changes in the Scope of the Work, approve a change or construction change directive in the
<br />amount of $24,999.99 or more or requiring an increase in the Guaranteed Maximum Price, or to agree to an
<br />extension to the date of Substantial or Final Completion. The Owner shall designate one or more authorized
<br />representatives to act on its behalf in the day-to-day administration of the Project, to issue stop work orders, and to
<br />authorize expenditures within Owner's Contingency. The City Council authorized representatives is the City
<br />Manager, or his staff representatives.
<br />Init.AIA Document At 21 TMCMc — 2003 and AGC Document 565. Copyright © 1991 and 2003 by The American Institute of Architects and The Associated
<br />General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. 9
<br />Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be
<br />/ prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:02:34 on 12/01 /2008 under Order
<br />No.1000375455_1 which expires on 10/20/2009, and is not for resale.
<br />User Notes: (42a3007293)
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