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§ 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 be responsible for purchasing and maintaining commercial general liability insurance and shall
<br /> include the Architect and the Architect's Consultants,if any,as additional insureds for claims caused in whole or in
<br /> part by the Owner's negligent acts or omissions during the course of the Project.
<br /> § 5.10 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 /> § 5.11 The Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out
<br /> of or relating to the Contract Documents.
<br /> § 5.12 Before executing any 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 /> § 5.13 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 /> § 5.14 The services,information,surveys and reports required under this Article 5 shall be furnished at the Owner's
<br /> expense,and the Architect shall be entitled to rely upon the accuracy and completeness thereof,as well as upon the
<br /> implied representation by the Owner that any such services,information,surveys and reports may be incorporated into
<br /> the Instruments of Service without infringing upon the intellectual property rights of others.
<br /> § 5.15 The Architect shall not assume any of the responsibilities of the Owner of this Article 5 except by a writing
<br /> signed by the Owner and the Architect. Any election by the Architect to assume any of such responsibilities shall be
<br /> expressly limited to the scope and duration of such written understanding,and shall not be understood to imply or
<br /> result in any other assumption by the Architect of any other of the Owner's responsibilities.
<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 does not include the compensation of the Architect,structural,mechanical
<br /> or electrical engineering consultants,or other consultants retained pursuant to Section 5.5,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 Owner.
<br /> § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information,and may be adjusted throughout
<br /> the Project as required under Sections 5.2,6.4 and 6.5.Evaluations of the Owner's budget for the Cost ofthe Work and
<br /> any preliminary or updated estimates to the Cost of the Work prepared by the Architect represent the Architect's
<br /> judgment as a design professional.It is recognized,however,that neither the Architect nor the Owner has control over
<br /> the cost of labor,materials or equipment;the Contractor's methods of determining bid prices;or competitive bidding,
<br /> market or negotiating conditions.Accordingly,the Architect cannot and does not warrant or represent that bids or
<br /> negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of
<br /> the Work or evaluation prepared or agreed to by the Architect.
<br /> § 6.3 If preparing estimates of the Cost of Work,the Architect shall be permitted to include contingencies for design,
<br /> bidding and price escalation;to determine what materials,equipment,component systems and types of construction
<br /> are to be included in the Contract Documents;to make reasonable adjustments in the program and scope of the Project;
<br /> and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work
<br /> to meet the Owner's budget for the Cost of the Work.The Architect's estimate of the Cost of the Work shall be based
<br /> on current area,volume or similar conceptual estimating techniques.
<br /> AIA Document B106TM—2010(rev.1012010).Copyright 02010 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document
<br /> Init. is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA° Document,or any portion of it, 8
<br /> 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
<br /> AIA software at 13:35:01 on 0311212013 under Order No.3252469288_1 which expires on 12/31/2013,and is not for resale.
<br /> User Notes: (724650291)
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