Agenda - 01-15-2008-4y4 - Laserfiche WebLink

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ARTICLE 5 CHANGES IN THE CONSTRUCTION MANAGER'S SERVICES AND ADDITIONAL COMPENSATION 5.1 Owner Changes The Owner, without invalidating this Agreement, may make changes in the CM's Services specified in Article 3 of this Agreement. The CM shall within t#ree--~3}ten (10) business days notify the Owner of any changes or other events which in the opinion of the GM entitle the CM to an increase or decrease in the Guaranteed Maximum Price, the duration of the CM's Services, or both. 5.1.1 Changes in the CM's Services Changes in the CM's Services maybe directed by the Owner in writing, and if so directed to provide different or additional Services the CM shall comply with the directions of the Owner. Additional compensation shall be settled by a written amendment to this Agreement executed by the Owner and the CM. If possible, the amendment shall be executed by the Owner and CM prior to the CM performing the services required by the amendment, but failure to agree on compensation for a change in Services shall not be grounds for the GM to cease or refuse to provide the Services reasonably requested by the Owner. The CM shall proceed to pertorm the services required by the amendment only after receiving notice directing the GM to proceed. 5.1.2 Additional Compensation and Extended Duration The CM shall be entitled to receive additional compensation and additional time when the scope or planned duration of Services is increased or extended through the fault of the Owner. The CM shall notify the Owner within tree-~,3~ten 10 business days after changes to the scope of the Project or a part thereof or after delays caused in whole or in part by the Owner increase or extend the scope or duration of the GM's Services. 5.1.2.1 Fixed Fee [Not used] 5.1.2.2 General Gonditions [Not used] 5.1.2.3 Cost of the Work [Not used] 5.1.3 Payment of Additional Compensation The CM shall submit invoices for additional compensation with its invoice for Services and payment shall be made pursuant to the provisions of Article 7 of this Agreement. ARTICLE 6 OWNER'S RESPONSIBILITIES 6.1 Program The Owner shall provide to the CM complete information regarding the Owner's requirements for the Project. 6.2 Decisions The Owner shall examine information submitted by the CM and shall render decisions thereto promptly. 6.3 Insurance The Owner shall furnish the insurance that the Owner has agreed to furnish as specified in Article 8. 6.4 Notice of Non conformities If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformity with the Gontract Documents, the Owner shall give prompt written notice thereof to the CM. 6.5 Approvals The Owner shall furnish required information and approvals and perform its responsibilities and activities in a timely manner to facilitate orderly progress of the Work in cooperation with the CM, consistent with this Agreement, and in accordance with the planning and scheduling requirements and budgetary restraints of the Project. 6.6 Designer The Owner shall retain a Designer whose services, duties and responsibilities shall be described in a written agreement between the Owner and Designer. The services, duties, and responsibilities of the Designer set out in the agreement between the Owner and Designer shall be compatible and consistent with this Agreement and the Gontract Documents. The Owner shall, in its agreement with the Designer, require that the Designer pertorm its services in cooperation with the CM, consistent with this Agreement and in accordance with the planning, scheduling and budgetary requirements of the Project as determined by the Owner. The terms and conditions of the 19