|
<br />exhibit.)
<br />
<br />
<br />
<br />§ 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the
<br />Sustainability Services required in AIA Document E234©Î2019, Sustainable Projects Exhibit, Construction Manager as
<br />Constructor Edition, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2.
<br />
<br />£ 4.2 ArchitectÔs Additional Services
<br />The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except
<br />for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2
<br />shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the ArchitectÓs schedule.
<br />
<br />§ 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with
<br />reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to
<br />provide the following Additional Services until the Architect receives the OwnerÓs written authorization:
<br />.1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by
<br />the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project
<br />including size, quality, complexity, the OwnerÓs schedule or budget for Cost of the Work, or bid packages in
<br />addition to those listed in Section 1.1.6;
<br />.2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when
<br />such revisions are required because the Construction ManagerÓs estimate of the Cost of the Work, Guaranteed
<br />Maximum Price proposal, or Control Estimate exceeds the OwnerÓs budget, except where such excess is due to
<br />changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials,
<br />finishes, or equipment;
<br />.3 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing
<br />previously prepared Instruments of Service;
<br />.4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of
<br />applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable
<br />authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements
<br />of the Instruments of Service when those Instruments of Service were prepared in accordance with the
<br />applicable standard of care;
<br />.5 4 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner
<br />or any other failure of performance on the part of the Owner or the OwnerÓs consultants or contractors;
<br />.6 5 Preparing digital models or other design documentation for transmission to the OwnerÓs consultants and
<br />contractors, or to other Owner- authorized recipients;
<br />.7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or
<br />Construction Manager;
<br />.8 6 Preparation for, and attendance at, a more than four (4) public presentations, meetings or hearings;
<br />.9 7 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the
<br />Architect is party thereto;
<br />.10 8 Consultation concerning replacement of Work resulting from fire or other cause during construction; or
<br />.11 9 Assistance to the Initial Decision Maker, if other than the Architect;
<br />.12 10 Services necessitated by replacement of the Construction Manager or conversion of the Construction
<br />Manager as constructor project delivery method to an alternative project delivery method;
<br />.13 11 Services necessitated by the OwnerÓs delay in engaging the Construction Manager.;
<br />.14 Making revisions to the Drawings, Specifications, and other documents resulting from agreed-upon
<br />assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control Estimate;
<br />and
<br />.15 Making revisions to the Drawings, Specifications, and other documents resulting from substitutions included in
<br />the Guaranteed Maximum Price Amendment or Control Estimate.
<br />
<br />§ 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the
<br />Owner in writing with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt
<br />of the ArchitectÓs notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt
<br />AIA Document B133 Î 2019. Copyright ¨ 2014, and 2019. All rights reserved. ÐThe American Institute of Architects,Ñ ÐAmerican Institute of Architects,Ñ ÐAIA,Ñ the
<br />
<br />AIA Logo, and ÐAIA Contract DocumentsÑ are trademarks of The American Institute of Architects. This draft was produced at 13:48:18 CDT on 08/13/2025 under
<br />15
<br />Subscription No.20250116558 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
<br />®
<br />Documents Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
<br />User Notes: (640e2aeef442e4498d096839)
<br />
<br /> BKV GROUP | A15
<br />Qbhf!31:!pg!354
<br />
<br />
|