Init.
the responsibility of the Architect in this Agreement, or authorize the Architect to furnish thers as an Additicnal
Service, when the Architect requests such services and demonstrates that they are reasonably required by the scape of
the Project. The Owner shall require that its consultants and contractors maintain insurance. including professional
liability insurance, as appropriate to the services or work 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, lests 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 shall provide prompt written notice to the Architect 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 shall include the Architect in all communications with the Contractor that relate to or affect the
Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of
any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications
by and with the Architect's consultants shail be through the Architect.
§ 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 shall provide the Architect a copy of the executed agreement between the Owner and Contracior, 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 Contractor to provide the Architect access to the Work wherever it is in preparation or progress,
§ 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested
information as necessary and relevant for the Architect to evaluate, give notice of, or enforce Hien rights.
ARTICLE 6 COST OF THE WORK
§ 6.1 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 contractors’ general conditions costs, overhead
and profit. The Cost of the Work also includes the reasonable value of labor, materials, and eguipmenL|, donated to, or
otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs
of the land, rights-of-way, financing, or 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 Initial Information, and shall be adjusted throughout
the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work,
and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the
Architect, represent the Architect’s judgment as a design professional. It is recognized, however, that neither the
Architect nor the Owner has control over the cost of labor, materials, or equipment: the Contractor’s methods ar
determining bid prices: or competitive bidding, market, or negotiating conditions, Accordingly, the Architect cannot
and does not warrant or represent that bids or negouated prices will not vary from the Owner's budget for the Cost of
ihe Work, or from any estimate of the Cost of the Work, or evaluation. prepared or agreed to by the Architect.
§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design,
bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction
are to be included in the Contract Documents: to recommend reasonable adjustments in the program and scope of the
Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the
Owner's budget. ‘he Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar
conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall
provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1, as a Supplemental Service. All
construction estimates provided by CM.
AIA Document B101™ — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. WARNING: This
AIA> Decument is protected by US. Copyright Law and international Treaties. Unauthorized reproduction ar distribution ef thic AUR” Bocurnent ar eny 18
portion of it. may result in severe civil and criminal penalties, and will be arosecuted to the maximum extent possible unger the law. This document was
produced by AIA software at 11:12:42 ET on 04/02/2019 under Order No.0100024863 which expires an 12/13/2019, and is not for resale.
User Notes: (1131096914)
