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<br />AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
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<br />on 07/31/2023 under Order No.3104237129 which expires on 08/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance
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<br />User Notes: (1769632854)
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<br />ARTICLE 4 OWNER’S RESPONSIBILITIES
<br />§ 4.1 Information and Services Required of the Owner
<br />§ 4.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on
<br />the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, including
<br />schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability
<br />and site requirements.
<br />§ 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in
<br />writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s
<br />obligations under the Contract. After execution of the Guaranteed Maximum Price Amendment, the Construction
<br />Manager may request such information as set forth in A201-2017 Section 2.2.
<br />§ 4.1.3 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for
<br />the Cost of the Work as defined in Article 7, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of
<br />these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner
<br />shall notify the Construction Manager. The Owner and the Construction Manager , in consultation with the Architect ,
<br />shall thereafter agree to a corresponding change in the Project’s scope and quality.
<br />§ 4.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall
<br />furnish the following information or services with reasonable promptness. The Owner shall also furnish any other
<br />information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work
<br />with reasonable promptness after receiving the Construction Manager’s written request for such information or services.
<br />The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner
<br />but shall exercise proper precautions relating to the safe performance of the Work.
<br />§ 4.1.4.1 The Owner shall furnish tests, inspections, and reports, required by law and as otherwise agreed to by the parties,
<br />such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
<br />§ 4.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the
<br />site of the Project, and a written legal description of the site. The surveys and legal information shall include, as
<br />applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands;
<br />adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and
<br />contours of the site; locations, dimensions and other necessary data with respect to existing buildings, other improvements
<br />and trees; and information concerning available utility services and lines, both public and private, above and below grade,
<br />including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
<br />§ 4.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may
<br />include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials,
<br />seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil
<br />conditions, with written reports and appropriate recommendations.
<br />§ 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 Intentionally Omitted
<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 of
<br />A201–2017, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized
<br />representative.
<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.
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