AG 2005 12 19 - Laserfiche WebLink

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ARTICLE 3 - OWNER'S RESPQNsmlLITIES A. Full Information to be Provided. The Owner shall provide full information in a timely manner regarding the requirements of the Project including the Owner's objectives, constraints and criteria, including space requirement and relationships, flexibility and expandability requirements, special equipment and system and site requirements. B. Budl!et. The Owner shall establish and update an overall budget for the Project, based on consultations with the Construction Manager at Risk and Architect. C. Desil!nation of Owner's Al!ent. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. The representative shall have the authority to make decisions on behalf of the Owner and shall render such decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the ConstructionMaoager at Risk. Owner has retained Ware Bonsall Architects to provide services, including nonna! structural, mechanical and electrical engineering services and the Owner shall authorize and cause the Architect to provide other services requested by the Construction Manager at Risk which must necessarily be provided by the Architect for the pre-construction and construction Phases of the Work. Such services shall be provided in accordance with time schedules agreed to by the Owner, Architect and Construction Manager at Risk. Upon request by the Construction Manager at Risk, the Owner shall furnish to the Construction Manager at Risk a copy of the Owner's agreement with the Architect, from which compensation provisions may be deleted. ARTICLE 4 - DEFAULT BY CONSTRU(:TION MANAGER AT RISK A. Events of Default. If the Construction Manager at Risk fails to begin the Work under the contract within the time specified, or the progress of the Work is not maintained on schedule, or if the Work is not completed within the time above specified, or the Construction Manager at Risk allows the Work to be performed unsuitably or shall discontinue the prosecution of the Work, or if the Construction Manager at Risk becomesinsolventor.declared.ballkrupt or commits any act of bankruptcy or insolvency, or allows any final judgments to stand against it unsatisfied for period of 48 hours, or makes an assignment for the benefit of creditors, or for any other cause whatsoever or shall not carry on the Work in an acceptable manner, the Owner may give notice in writing, sent by certified mail, return receipt requested, to the Construction Manager at Risk and its surety of such delay, neglect or default, specifYing the same and if the Construction Manager at Risk, within a period offifteen (15) days after such notice shall not proceed in accordance therewith, then the Owner may declare this contract to be in default and thereupon the surety shall promptly take over the Work and complete the performance of this contract in the manner and within the time frame specified. B. Owner's Ril!ht to Take Over Work. In the event the surety shall fail to take over the Work to be completed under the Contract Documents within fifteen (15) days after being so notified, or within said time fails to notifY the Owner in writ~g, sent by certified mail, return receipt EEoOOO49951. -6- F+