R2023-59 Resolution Authorizing an Agreement with Architectural Expressions, LLP, for Decatur Public Library Improvements

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§6.2 The Owner's budget for the Cost of the Work is provided in Initial Information,and shall be adjusted throughout the Project as required under Sections 5.2,6.4 and 6.5.Evaluations of the Owner's budget for the Cost of the Work,and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect,represent the Architect's judgment as a design professional.It is recognized,however, that neither the Architect nor the Owner has control over the cost of labor,materials or equipment;the Contractor's methods of determining bid prices;or competitive bidding,market or negotiating conditions.Accordingly,the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work,or from any estimate of the Cost of the Work,or evaluation,prepared or agreed to by the Architect. §6.3 In preparing estimates of the Cost of Work,the Architect shall be permitted to include contingencies for design, bidding and price escalation;to determine what materials,equipment,component systems and types of construction are to be included in the Contract Documents;to recommend reasonable adjustments in the program and scope of the Project;and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget.The Architect's estimate of the Cost of the Work shall be based on current area,volume or similar conceptual estimating techniques.If the Owner requires a detailed estimate of the Cost of the Work,the Architect shall provide such an estimate,if identified as the Architect's responsibility in Section 4.1,as a Supplemental Service. §6.4 If,through no fault of the Architect,construction procurement activities have not commenced within 90 days after the Architect submits the Construction Documents to the Owner the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. §6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. §6.6 If the Owner's current budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .5 implement any other mutually acceptable alternative. §6.7 If the Owner chooses to proceed under Section 6.6.4,the Architect shall 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.If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate,the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3;otherwise the Architect's services shall be without additional compensation. In any event,the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES tr'lnsmitsiieh _f --- fi - f its the P J rights,other-Feserwed .ffind the e Init. AIA Document 8104—2017.Copyright©1974,1978,1987,1997,2007 and 2017.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 8 21:25:21 CT on 03/29/2023 under Order No.4104236690 which expires on 09/30/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA3C)