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§ 4.1.5 During the Construction Phase,the Owner shall furnish information or services required of the Owner by the
<br /> Contract Documents with reasonable promptness.The Owner shall also furnish any other information or services under
<br /> the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness
<br /> after receiving the Construction Manager's written request for such information or services.
<br /> § 4.1.6 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required
<br /> in AIA Document E234TM--2019, Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached
<br /> to this Agreement.
<br /> § 4.2 Owner's Designated Representative
<br /> The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project.The
<br /> Owner's representative shall render decisions promptly and furnish information expeditiously,so as to avoid
<br /> unreasonable delay in the services or Work of the Construction Manager.Except as otherwise provided in Section 4.2.1
<br /> of A201-2017,the Architect does not have such authority.The term"Owner"means the Owner or the Owner's
<br /> designated representative.Because the Owner is a municipal corporation,the Owner's designated representative does
<br /> not have authority to approve a change in the GMP,a change in the Contract Time,a non-minor change in the scope of
<br /> the Work,or waivers or modifications of Contract Documents,all of which require approval in accordance with the
<br /> Everett Charter and Municipal Code.
<br /> § 4.2.1 Legal Requirements.The Owner shall furnish all legal, insurance and accounting services, including auditing
<br /> services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests.The
<br /> Owner is not required to furnish legal, insurance and accounting services for the benefit of the Construction Manager.
<br /> § 4.3 Architect
<br /> The Owner shall retain an Architect to provide services, including any services that are necessary for the
<br /> Preconstruction and Construction Phase services under this Agreement.The Owner shall provide the Construction
<br /> Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect,and any
<br /> further modifications to the Architect's scope of services in the agreement.
<br /> ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
<br /> § 5.1 Compensation
<br /> § 5.1.1 For the Construction Manager's Preconstruction Phase services described in Sections 3.1 and 3.2,the Owner
<br /> shall compensate the Construction Manager as follows:
<br /> (Insert amount of or basis for, compensation and include a list of reimbursable cost items, as applicable.)
<br /> Total compensation for the Preconstruction Services(the"Preconstruction Services Cost")shall not exceed
<br /> $237,982.96,which includes$21,437.96 in sales tax. Preconstruction Services Cost subject to this not-to-exceed
<br /> amount includes without limitation payment on an hourly basis at the rates and for the individuals specified in Exhibit 2
<br /> to this Agreement,payment for equipment at the hourly rates specified in Exhibit 2, and payment for other additional
<br /> costs when preapproved in writing(which may include but are not limited to costs of testing,intrusive,or non-intrusive
<br /> investigation,selective demolition and restoration,copying,blueprints and courier costs).All Preconstruction Services
<br /> rates include personnel and consultant costs and all benefits,materials,equipment,taxes,profit and overhead.The
<br /> Construction Manager shall not be reimbursed for costs to prepare for and conduct MACC and GMP Amendment
<br /> negotiations. Costs that would cause the not-to-exceed amount to be exceeded shall be paid by the Construction
<br /> Manager without reimbursement by the Owner. The Construction Manager's Fee in Section 6.1.2 does not apply to
<br /> Preconstruction Services, and any savings from any not-to-exceed amount for Preconstruction Services will revert to the
<br /> Owner. »
<br /> §5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction
<br /> Manager's Consultants and Subcontractors,if any, are set forth below.
<br /> (If applicable, attach an exhibit of hourly billing rates or insert them below.)
<br /> Reference Exhibit 2: Preconstruction Services and Work Plans and Rates.
<br /> § 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the
<br /> Construction Manager,as required by law or collective bargaining agreements, for taxes,insurance,contributions,
<br /> assessments and benefits and,for personnel not covered by collective bargaining agreements,customary benefits such
<br /> AIA Document A133. - 2019. Copyright 0) 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The
<br /> "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 1 8
<br /> without permission. This draft was produced by AIA software at 13:10:24 ET on 04/22/2021 under Order No.7856855196 which expires on
<br /> 05/01/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms
<br /> of Service. To report copyright violations, e-mail copyright@aia.org.
<br /> User Notes: (1279676012)
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