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§ 3,3.4 If the services covered by [his Agreement have not been completed within Eighteen ( 18 )months of
<br />the date of this Agreement, through no fault of the .Architect, extension of the Architect's services beyond that time
<br />shall be compensated as Additional Services.
<br />ARTICLE 4 OWNER'S RESPONSIBILITIES
<br />§ 4.1 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 in Section 5.1; (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 />§ 4.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for
<br />the 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, encroachments, 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 />§ 4.3 The Owner shall furnish services of geotechnical 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 />§ 4.4 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 />§ 4.5 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
<br />the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify
<br />the Architect of any direct communications that may affect the Architect's services.
<br />§ 4.6 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 />§ 4.7 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 />ARTICLE 5 COST OF THE WORK
<br />§ 5.1 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 does not include the compensation of the Architect, the costs of the land,
<br />rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the
<br />Owner.
<br />§ 5.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted
<br />throughout the Project as required under Sections 4.1, 5.4 and 5.5. Evaluations of the Owner's budget for the Cost of
<br />the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared
<br />by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither
<br />the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of
<br />determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot
<br />and does not warrantor represent that bids or negotiated prices will not vary from the Owner's budget for the Cost
<br />of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
<br />AIA Document 6201 T° - 2007 (formerly 8141 T~" -1997 Part 2). Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1987, 1970, 1974,
<br />1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document ii protected by U.S. Copyright 1O
<br />Law end IntemaUonai Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result In severe civil and
<br />criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:21:11 on
<br />06/11/2009 under Order No.1000356205_i which expires on 7/25/2009, and is not for resale.
<br />User Notes: (676254142)
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