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Exhibit
<br /> §5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
<br /> defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service.
<br /> §5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the
<br /> Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance
<br /> of any direct communications between the Owner and the Contractor otherwise relating to the Project.
<br /> Communications by and with the Architect's consultants shall be through the Architect.
<br /> §5.13 Before executing the Contract for Construction,the Owner shall coordinate the Architect's duties and
<br /> responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.
<br /> The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,
<br /> including the General Conditions of the Contract for Construction.
<br /> §5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
<br /> obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
<br /> §5.15 Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested
<br /> information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights.
<br /> ARTICLE 6 COST OF THE WORK
<br /> §6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all
<br /> elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs,
<br /> overhead and profit. The Cost of the Work also includes the reasonable value of labor,materials,and equipment,
<br /> donated to,or otherwise furnished by,the Owner. The Cost of the Work does not include the compensation of the
<br /> Architect;the costs of the land,rights-of--way,financing, or contingencies for changes in the Work; or other costs
<br /> that are the responsibility of the Owner.
<br /> §6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted
<br /> throughout the Project as required under Sections 5.2,6.4 and 6.5.Evaluations of the Owner's budget for the Cost of
<br /> the Work,and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work,
<br /> prepared by the Architect,represent the Architect's judgment as a design professional.It is recognized,however,
<br /> that neither the Architect nor the Owner has control over the cost of labor,materials,or equipment;the Contractor's
<br /> methods of determining bid prices; or competitive bidding,market, or negotiating conditions.Accordingly,the
<br /> Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's
<br /> budget for the Cost of the Work,or from any estimate of the Cost of the Work, or evaluation,prepared or agreed to
<br /> by the Architect.
<br /> §6.3 In preparing estimates of the Cost of Work,the Architect shall be permitted to include contingencies for
<br /> design,bidding,and price escalation;to determine what materials, equipment,component systems,and types of
<br /> construction are to be included in the Contract Documents;to recommend reasonable adjustments in the program
<br /> and scope of the Project;and to include design alternates as may be necessary to adjust the estimated Cost of the
<br /> Work to meet the Owner's budget.The Architect's estimate of the Cost of the Work shall be based on current area,
<br /> volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the
<br /> Work,the Architect shall provide such an estimate,if identified as the Architect's responsibility in Section 4.1.1,as
<br /> a Supplemental Service.
<br /> §6.4 If,through no fault of the Architect,the Procurement Phase has not commenced within 90 days after the
<br /> Architect submits the Construction Documents to the Owner,the Owner's budget for the Cost of the Work shall be
<br /> adjusted to reflect changes in the general level of prices in the applicable construction market.
<br /> §6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the
<br /> Work,the Architect shall make appropriate recommendations to the Owner to adjust the Project's size,quality,or
<br /> budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments.
<br /> §6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase
<br /> Services is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall
<br /> AIA Document B101 Tm—2017.Copyright©1974,1979,1997,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:
<br /> Init. This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document, 15
<br /> or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.ThIs
<br /> document was produced by A I A software at 14:48:43 on 12/12/2017 under Order No.3422979013 which expires on 11/08/2018,and is not for resale.
<br /> User Notes: (3B9ADA1 D)
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