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the Project.The Owner shall require that its consultants and contractors maintain insurance,including professional
<br /> liability insurance,as appropriate to the services or work provided.
<br /> § 5.9 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 /> § 5.10 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 /> § 5.11 The Owner shall provide prompt written notice to the Engineer if the Owner becomes aware of any fault or
<br /> defect in the Project,including errors,omissions or inconsistencies in the Engineer's Instruments of Service.
<br /> § 5.12 The Owner shall include the Engineer in all communications with the Contractor that relate to or affect the
<br /> Engineer's services or professional responsibilities.The Owner shall promptly notify the Engineer ofthe substance of
<br /> any direct communications between the Owner and the Contractor otherwise relating to the Project.Communications
<br /> by and with the Engineer's consultants shall be through the Engineer.
<br /> § 5.13 Before executing the Contract for Construction,the Owner shall coordinate the Engineer's duties and
<br /> responsibilities set forth in the Contract for Construction with the Engineer's services set forth in this Agreement.The
<br /> Owner shall provide the Engineer a copy ofthe executed agreement between the Owner and Contractor,including the
<br /> General Conditions of the Contract for Construction. s
<br /> I § 5.14 The Owner shall provide the Engineer access to the Project site prior to commencement of the Work and shall
<br /> obligate the Contractor to provide the Engineer 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 Engineer,the Owner shall furnish the requested
<br /> information as necessary and relevant for the Engineer 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 Engineer and shall include contractors'general conditions costs,
<br /> overhead and profit.The Cost ofthe 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 /> Engineer;the costs of the land,rights-of-way,financing,or contingencies for changes in the Work;or other costs that
<br /> are the responsibility ofthe Owner."
<br /> § 62 The Owner's budget for the Cast of the Work is provided in Initial Information,and shall be adjusted throughout
<br /> the Project as required under Sections 5.2,6.4 and 5.5.Evaluations ofthe Owner's budget for the Cost of the Work,
<br /> and the preliminary estimate ofthe Cost ofthe Work and updated estimates of the Cost of the Work,prepared by the
<br /> Engineer,represent the Engineer's judgment as a design professional.It is recognized,however,that neither the
<br /> Engineer 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 Engineer cannot
<br /> and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of
<br /> the Work,or from any estimate of the Cost of the Work,or evaluation,prepared or agreed to by the Engineer.
<br /> § 6.3 In preparing estimates of the Cost of Work,the Engineer 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 recommend reasonable adjustments in the program and scope of the
<br /> Project;and to include design alternates as may be necessary to adjust the estimated Cost ofthe Work to meet the
<br /> Owner's budget.The Engineer's estimate of the Cost of the Work shall be based on current area,volume or similar
<br /> conceptual estimating techniques.Ifthe Owner requires a detailed estimate ofthe Cost of Work,the Engineer shall
<br /> provide such an estimate,if identified as the Engineer's responsibility in Section 4.1.1,as a Supplemental Service.
<br /> § 6.4 If,through no fault ofthe Engineer,the Procurement Phase has not commenced within 90 days after the Engineer
<br /> submits the Construction Documents to the Owner,the Owner's budget for the Cost of the Work shall be adjusted to
<br /> reflect changes in the general level of prices in the applicable construction market.
<br /> Init. AIA Document 8101`-2017.Copyright 01974,1978,1987,1987,2007 and 2017 by The American Institute of Architects.All rights reserved.The'American
<br /> lrvsftfte of Arch ""AIA,'the AIA Logo, 'AIA Contractt5 nts" I red t arta a permission.This document was
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