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when deemed necessary by the Architect,'soil test reports or the services of a soil enginer. 2.3 The Owner shall furnish laboratory tests, inspections, and reports as required by law or the Contract Docu- ments. 2.4 The Owner shall furnish such legal, accounting and insurance counseling services necessary for the Project, and such auditing services as he may require to ascertain how the Contractor has used the money paid to him. 2.5 The information, surveys, and reports required by Paragraphs 2.1 through 2.4 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.6 If the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, he shall give prompt written notice to the Architect. 2.7 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all Work designed or speci- fied by the Architect, which shall be determined as fol- lows, with precedence in the order listed: 3.1.1 For completed construction, the cost of all such Work, including the cost of labor, materials and equip- ment furnished by the Owner and the cost of managing construction; or 3.1.2 For Work not constructed, (1) the lowest bona fide bid received from a qualified bidder for any or all of such Work, or (2) if the Work is not bid, the bona fide negotiated proposal submitted for any or all of such Work; or 3.1.3 For Work or portions of the Work for which no such bid or proposal is received, the latest Statement of Probable Construction Cost. 3.2 Construction Cost does not include the compensa- tion of the Architect and his consultants, the cost of the land, right-of-way, or other costs which are the responsi- bility of the Owner in Paragraphs 2.1 through 2.4 inclusive. 3.3 The Architect cannot and does not guarantee that bids will not vary from Statements of Probable Construc- tion Cost or other cost estimates prepared by him. 3.4 When a fixed limit of Construction Cost is estab- lished as a condition of this Agreement, it shall be in writing signed by the parties and shall include a bidding contingency of ten percent, and if it is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding the Project within a reasonable time, or (3) cooperate in revising the Project to reduce the Probable Construction Cost. In the case of (3) the Architect, without additional charge, shall dis- charge his responsibility by modifying the Drawings and Specifications, and having done so, shall be entitled to compensation in accordance with this Agreement. ARTICLE 4. PAYMENTS TO THE ARCHITECT 4.1 An initial payment as set forth in Paragraph II is the minimum payment under this Agreement. 4.2 Payments for Services shall be made monthly, in proportion to services performed. If compensation is on the basis of a fixed fee or percentage of construction cost it shall, at the completion of each Phase, equal the following percentages of the total Compensation: Design Phase 35% Construction Documents Phase 75% Bidding or Negotiation Phase 80% Construction Phase 100% 4.3 Payment for Reimbursable Expenses shall be made monthly. Reimbursable Expenses are in addition to com- pensation and include actual expenditures made by the Architect for the Project for: travel and subsistence; long distance calls; fees paid to governmental authorities; renderings and models required by the Owner; Owner authorized overtime; reproductions, postage and handling of Drawings and Specifications, excluding duplicate sets at the completion of each Phase for the Owner's review and approval. 4.4 No deductions shall be made from the Architect's compensation on account of sums withheld from pay- ments to contractors. 4.5 If the Project is suspended for more than three months or abandoned in whole or in part, the Architect shall be paid for services performed prior to receipt of such notice from the Owner together with all termination expenses. If the Project is resumed after being suspended for more than three months, the Architect's compensa- tion shall be subject to renegotiation. 4.6 Payments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty days after date of billing. ARTICLE 5 TERMINATION OF AGREEMENT S.1 This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination due to the fault of parties other than the Architect, the Architect shall be paid his compensation for services performed to termination date, including Reimbursable Expenses, plus termination expenses. 5.2 Termination expenses are defined as Reimbursable Expenses directly attributable to termination, plus an amount computed as a percentage of the total compensa- tion earned to the time of termination as follows: AIA DOCUMENT B151 - ABBREVIATED OWNER -ARCHITECT AGREEMENT - FEBRUARY 1974 EDITION - AIA Q 1974 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 3