init.
such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall
require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the
services provided.
§ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
§ 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner’s needs and interests.
§ 5.11 The Owner, with reasonable promptness, shall provide written notice to the Architect and Construction
Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or
inconsistencies in the Architect's Instruments of Service.
§ 5.12 The Owner will endeavor to communicate with the Construction Manager and Architect’s consultants
through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall notify the
Architect of any direct communications that may affect the Architect’s services within a reasonable time.
§ 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and
responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement.
The Owner shail provide the Architect a copy of the executed agreement between the Owner and Construction
Manager, including the General Conditions of the Contract for Construction.
§ 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and
shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or
progress.
§ 5.15 Notwithstanding anything to the contrary contained in this Agreement, the Owner’s review and approval of
any and all documents or other matters required herein shal! not be construed to be for the purpose of determining
the Architect has met its professional duty of care in the preparation of the Instruments of Service.
§ 5.16 Any reference in the Contract Documents to the Owner taking action or rendering a decision within a
"reasonable time" or with "reasonable promptness" is understood to mean no more than fourteen (14) days, unless
otherwise specified in the Contract Documents or otherwise agreed to by the parties.
ARTICLE 6 COST OF THE WORK
§ 8.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect and shall include the Construction Managers’ general
conditions costs, overhead, and profit. The Cost of the Work does not include the compensation of the Architect, the
compensation of the Construction Manager for Preconstruction Phase services, the costs of the land, rights-of-way,
financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and may be adjusted
throughout the Project as required under Sections 5.4 and 6.4, Evaluations of the Owner’s budget for the Cost of the
Work represent the Architect’s judgment as a design professional.
§ 6.3 In preparing estimates for the Cost of Work, the Construction Manager at Risk shall be permitted to include
contingencies for subcontract bidding and price escalation; to determine what materials, equipment, component
systems and types of construction are to be included in the Contract Documents; and, in consultation with, and
subject fo approval by, the Owner, to make reasonable adjustment in the program and scope of the Project as may be
necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The
Construction Manager’s estimate of the Cost of the Work shall be based on current area, volume or similar
conceptual estimating techniques. If the Owner requests detailed cost estimating services being the Construction
Manager cost services, such services shall be provided as an Additional Service.
AIA Document B133™ — 2014. Copyright © 20144 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected
by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 47
severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software
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