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<br />written notice to the Architect of the OwnerÓs determination. The Owner shall compensate the Architect for the services <br />provided prior to the ArchitectÓs receipt of the OwnerÓs notice: <br />.1 Reviewing a Construction ManagerÓs submittal out of sequence from the submittal schedule approved by the <br />Architect; <br />.2 Responding to the Construction ManagerÓs requests for information that are not prepared in accordance with the <br />Contract Documents or where such information is available to the Construction Manager from a careful study <br />and comparison of the Contract Documents, field conditions, other Owner-provided information, Construction <br />Manager-prepared coordination drawings, or prior Project correspondence or documentation; <br />.3 Preparing Change Orders, and Construction Change Directives that require evaluation of the Construction <br />ManagerÓs proposals and supporting data, or the preparation or revision of Instruments of Service, except that <br />the ArchitectÓs Basic Services shall include preparing Change Orders or Constructive Change Directives when <br />the need therefor arises from the ArchitectÓs error or omission; <br />.4 Evaluating an extensive number ofmore than five (5) Claims as the Initial Decision Maker; or <br />.5 Evaluating substitutions proposed by the Owner or Construction Manager and making subsequent revisions to <br />Instruments of Service resulting therefrom. <br /> <br />§ 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. <br />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 />Construction Manager <br />.2 Weekly ( ) visits to the site by the Architect during construction <br />.3 Four ( 4 ) inspections for any portion of the Work to determine whether such portion of the Work <br />is substantially complete in accordance with the requirements of the Contract Documents <br />.4 Four ( 4 ) inspections for any portion of the Work to determine final completion <br /> <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 Section <br />4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) <br />the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, <br />shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction <br />Phase Services. <br /> <br />§ 4.2.5 If the services covered by this Agreement have not been completed within thirty-six ( 36 ) months of the <br />date of this Agreement, through no fault of the Architect, extension of the ArchitectÓs services beyond that time shall be <br />compensated as Additional Services. <br /> <br />ARTICLE 5 OWNERÔS RESPONSIBILITIES <br />§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding <br />requirements for and limitations on the Project, including a written program which shall set forth the OwnerÓs objectives; <br />schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special <br />equipment; systems; and site requirements. <br /> <br />§ 5.2 The Owner shall retain a Construction Manager to provide services, duties, and responsibilities as described in the <br />agreement selected in Section 1.1.5. <br /> <br />§ 5.3 The Owner shall establish the OwnerÓs budget for the Project, including (1) the budget for the Cost of the Work as <br />defined in Section 6.1; (2) the OwnerÓs other costs; and, (3) reasonable contingencies related to all of these costs. The Owner <br />shall update the OwnerÓs budget for the Project as necessary throughout the duration of the Project until final completion. If <br />the Owner significantly increases or decreases the OwnerÓs budget for the Cost of the Work, the Owner shall notify the <br />Architect and Construction Manager. The Owner and the Architect, in consultation with the Construction Manager, shall <br />thereafter agree to a corresponding change in the ProjectÓs scope and quality. <br /> <br />§ 5.3.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it <br />associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the <br />Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction <br />Documents, and costs for the Construction Manager to remove and replace previously installed Work. If the Owner selects <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 />16 <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 />A16 | BKV GROUP <br />Qbhf!321!pg!354 <br /> <br />