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<br />§ 2.1.1 EVALUATION OF BUDGET AND COST OF THE WORK
<br />§ 2.1.1.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary
<br />estimate of the Cost of the Work, This estimate may be based on current area, volume or similar conceptual
<br />estimating techniques, As the design process progresses through the end of the preparation of the Construction
<br />Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect
<br />shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in
<br />Project requirements or general market conditions, If at any time the Architect's estimate of the Cost of the Work
<br />exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the
<br />Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments.
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<br />§ 2.1.1.2 Evaluations ofthe Owner's budget for the Project, the preliminary estimate of the Cost of the Work and
<br />updated estimates oftheCost of the Work prepared by the Architect represent the Architect's judgment as a design
<br />professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the
<br />Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid
<br />prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does
<br />not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from
<br />any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
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<br />§ 2.1.1.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for
<br />design, bidding and price escalation; to determine what materials, equipment, component systems and types of
<br />construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the
<br />Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of
<br />the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after
<br />execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be
<br />exceeded, that budget shall be increased accordingly.
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<br />§ 2,1.1.4 Ifbiddìng ornegotìation has not commenced within 90 days after the Architect submits the Construction
<br />Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general
<br />level of prices in the construction industry,
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<br />§ 2.1.1.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the
<br />Owner shall:
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<br />give written approval ()fan increase in the budget for the Cost of the Work;
<br />authorize rebidding or renegotiating of the Project within a reasonable time;
<br />terminate in accordance with Section 1.3.8.5; or
<br />cooperate in revising the Project scope and quality as required to reduce the Cost of the Work.
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<br />§ 2,1.1.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation,
<br />shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with
<br />the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's
<br />responsibility under this Section 2.1. 7, The Architect shall be entitled to compensation in accordance with this
<br />Agreement for all services performed whether or not construction is commenced.
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<br />ARTICLE 2.2 SUPPORTING SERVICES
<br />§ 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2,2 shall be provided by the Owner
<br />or the Owner's consultants and contractors.
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<br />§ 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria,
<br />including space requirements and relationships, special equipment, systems and site requirements.
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<br />§ 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations
<br />for the site of the Project, and a written legal description of the site. The surveys and legal information shall include,
<br />as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage;
<br />rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site;
<br />locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and
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<br />AlA Document B141TM -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
<br />American Institute of Architects. All rights reserved. WARNING: This AIAO!> Document is protected by U.S. Copyright Law and International Treaties.
<br />Unaulhorlzea reproduction or dlslrlbutlon ollhis AlA'" Document, or any portion 01 II, may result In severe civil and criminal penaltIes, ana Will be
<br />prosecuted 10 Ihe maximum extent possible under the law. This document was produced by AlA software al 09:58:48 on 10/29/2004 under Order
<br />No.1 000091736_1 which expires on 1/12/2005, and is not lor resale.
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