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<br />§ 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
<br />Services. When the limits below are reached, the Architect shall notify the Owner:
<br />.1 Two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the
<br />Contractor
<br />.2 Up to Forty-Eight (48) visits to the site by the Architect during construction
<br />.3 One (1) inspection for any portion of the Work to determine whether such portion of the Work is
<br />substantially complete in accordance with the requirements of the Contract Documents
<br />.4 One (1) inspection for any portion of the Work to determine final completion.
<br />§ 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in
<br />Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion
<br />of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and
<br />Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs
<br />additional cost in providing those Construction Phase Services.
<br />§ 4.2.5 If the services covered by this Agreement have not been completed within Thirty-Six (36) months of the date
<br />of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be
<br />compensated as Additional Services.
<br />ARTICLE 5 OWNER’S RESPONSIBILITIES
<br />§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
<br />regarding requirements for and limitations on the Project, including a written program which shall set forth the
<br />Owner’s objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility;
<br />expandability; special equipment; systems; and site requirements.
<br />§ 5.2 The Owner shall furnish the services of a Scheduling Consultant that shall be responsible for creating the
<br />overall Project schedule. The Owner shall adjust the Project schedule, if necessary, as the Project proceeds.
<br />§ 5.3 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the
<br />Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these
<br />costs. The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project
<br />until final completion. The Owner shall furnish the services of a Cost Consultant that shall be responsible for
<br />preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Owner’s
<br />budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter
<br />agree to a corresponding change in the Project’s scope and quality.
<br />§ 5.3.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also
<br />carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and
<br />redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of
<br />all relevant Construction Documents, and costs for the Contractor to remove and replace previously installed Work.
<br />If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the
<br />Project sufficient contingencies to cover such costs. Furthermore, if the Owner elects to utilize the fast track basis,
<br />the Owner acknowledges that there is a greater likelihood of errors, omissions, inconsistencies, ambiguities and lack
<br />of coordination in design and other work product produced by the Architect and its consultants which could result in
<br />additional design and construction costs, the occurrence of which is inherent in the fast track approach and for which
<br />neither the Architect not its consultants may be held legally responsible.
<br />§ 5.4 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project.
<br />The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid
<br />unreasonable delay in the orderly and sequential progress of the Architect’s services.
<br />§ 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for
<br />the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as
<br />applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands;
<br />adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and
<br />contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other
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