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ARTICLE 5 OWNER'S RESPONSIBILITIES
<br />§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
<br />regarding requirements for and limitations on the Project, including a written program which shall set forth the
<br />Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility,
<br />expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from
<br />the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to
<br />evaluate, give notice of or enforce lien rights.
<br />§ 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget
<br />for the Cost of the Work as defined hi Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies
<br />related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the
<br />Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding
<br />change in the Project's scope and quality.
<br />§ 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The
<br />Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable
<br />delay in the orderly and sequential progress of the Architect's services.
<br />§ 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the
<br />site of the Project, and a written legal description of the site. The surveys and legal information shall include, as
<br />applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands;
<br />adjacent drainage; rights -of -way, restrictions, easements, encroaclunents, zoning, deed restrictions, boundaries and
<br />contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements
<br />and trees; and information concerning available utility services and lines, both public and private, above and below
<br />grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
<br />§ 5.5 The Owner shall furnish services of geoteclmical engineers, which may include but are not limited to test
<br />borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic
<br />evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil
<br />conditions, with written reports and appropriate recommendations.
<br />§ 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
<br />Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the
<br />Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in
<br />this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such
<br />services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that
<br />its consultants maintain professional liability insurance as appropriate to the services provided.
<br />§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
<br />structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
<br />§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
<br />reasonably necessary at any time for the Project to meet the Owner's needs and interests.
<br />§ 5.9 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 />§ 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially
<br />authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the
<br />Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the
<br />Architect of any direct communications that may affect the Architect's services.
<br />§ 5.11 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. The
<br />Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the
<br />General Conditions of the Contract for Construction.
<br />AIA Document B101"' — 2007 formerly B151 T "' — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
<br />Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12
<br />this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under
<br />the law. This document was produced byAIA software at 11:15:50 on 07/08/2011 under Order No.8789296886_1 which expires on 05/10/2012, and is not for
<br />resale.
<br />User Notes: ((tt 68 5871
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