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the event that the Owner takes the prosecution of the Work out of the hands of the <br />Construction Manager at Risk or Surety as herein provided. <br />D. Costs and Ex en nses -All costs and charges incurred by the Owner in connection <br />with the Contract, including but not limited to administrative expenses and reasonable <br />attorneys' fees and liquidated damages, together with the costs of completing the Work under <br />the Contract Documents shall be deducted from any monies due or that may become due to the <br />CM and its Surety. In case the expense so incurred by the Owner shall be less than the sum <br />that would have been payable under the Contract if it had been completed by the CM in <br />accordance with the Contract Documents, then the CM and its Surety shall be entitled to <br />receive the difference; but in case such expenses shall exceed the sum that would have been <br />payable under the Contract Documents, then the CM and its Surety shall be liable and shall pay <br />immediately to Owner the amount of such excess. <br />ARTICLE 6 -PRE-CONSTRUCTION <br />A. Preliminary Evaluation -The CM shall provide a preliminary evaluation of the <br />Owner's program and Project budget requirements, each in terms of the other. <br />B. Meetings to Determine Project Requirements -The CM, along with the <br />Architect, shall jointly schedule and attend regular meetings with the Owner and Architect. <br />The Construction Manager at Risk shall consult with the Owner and Architect regarding site <br />use and improvements, the selection of materials, building systems and equipment, and value <br />engineering for budget constraints <br />C. CM to Provide Recommendation -The Construction Manager at Risk shall <br />provide recommendations on construction feasibility; actions designed to minimize adverse <br />effects of labor or material shortages; time requirements for procurement, installment and <br />construction completion; factors related to construction cost including estimates of alternative <br />designs or materials, preliminary budgets and possible economies. <br />D. CM to Prepare Preliminary Project Schedules - <br />When the Owner has provided full information regarding the requirements <br />of the Project, including the program that sets forth the Owner's objectives, <br />constraints and criteria, including space requirements and relationships for <br />flexibility and expandability requirements, special equipment systems and <br />site requirements, the CM shall prepare and periodically update a <br />preliminary Project schedule for the Architect's review and the Owner's <br />approval. The CM shall coordinate and integrate the Project schedule with <br />the services and activities of the Owner, Architect and the CM. <br />2. As design proceeds, the preliminary Project schedule shall be updated to <br />indicate proposed activity sequences and durations, milestone dates for <br />receiving and approval of pertinent information, completion of Work and <br />9 <br />F-4 <br />Attachment number 1 <br />Page 155 of 627 <br />