2013-086 AMS - Perkin + Will Architects for Design and Engineering Services for Historic Rogers Rd Community Center

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Construction Documents,and costs for the Contractor to remove and replace Previously installed Work If the Owner selects accelerated phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided, and as reasonably approved by the Architect PAGE § 5.14 The services, information surveys and reports required under this Article 5 shall be furnished at the Owner's expense,and the Architect shall be entitled to rely upon the accuracy and completeness thereof,as well as upon the implied representation by the Owner that any such services information surveys and reports may be incorporated into the Instruments of Service without infringing upon the intellectual property rights of others 4 5.15 The Architect shall not assume any of the responsibilities of the Owner of this Article 5 except by a writing signed by the Owner and the Architect. Any election by the Architect to assume any of such responsibilities shall be expressly limited to the scope and duration of such written understanding and shall not be understood to imply or result in any other assumption by the Architect of anv other of the Owner's responsibilities PAGE § 6.7 In addition to the options available in Section 6.6,if the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by percent( 15 %),the Owner may § 6.8 If the Owner chooses to proceed under Section 6.7.2,and the Owner's budget was exceeded for causes within the Architect's reasonable control,the Architect shall,as a Pro Bono Service,modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services,or the budget as adjusted under Section 6.6.1.The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6.Notwithstanding the foregoing,however,to the extent that the inability to meet the Owner's budget arises out of(a)significant increases in the cost of construction materials or labor which do not reflect increases in such costs which have been consistently experienced in the locale of the Project for at least 6 months prior to the commencement of construction, material changes to the Proiect required by the Owner or any agent or representative of the Owner or;(c)any other circumstance,event,or occurrence outside of the control of the Architect then any modification shall be compensated as Additional Services or,in the event that Additional Services are not agreed upon between the Owner and the Architect, shall constitute grounds for termination of this Agreement by the Architect. PAGE 10 § 7.3 The Architect shall not deliver any Instruments of Service in electronic form without the express written agreement between the Owner and the Architect,which shall include terms and conditions providing for at least that: (a)the hardcopy version of such Instruments of Service are understood by the Owner to be the official deliverable of the Architect,and not the electronic files;(b)that the Owner shall indemnify,defend and hold the Architect harmless against any and all claims,causes of action,proceedings,liabilities,losses,cost and expenses arising out of or related to the use by the Owner of such electronic files;(c) that the Owner shall only use such electronic files with reference to the Proiect,and not with reference to any other Project without the express written consent of the Architect and;(d) that the Owner understands and agrees that the Architect makes no warranties or guarantees as to the accuracy or completeness of the electronic files,nor as to the sufficiency of the electronic files with reference to the electronic Additions and Deletions Report for AIA Document B106TM—2010(rev.10/2010).Copyright®2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 5 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 the law.This document was produced by AIA software at 13:35:01 on 03/12/2013 under Order No.3252469288_1 which expires on 12131/2013,and is not for resale. User Notes: (724650291)