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A9 T CLE 5
<br />CONSTRUCTION COST
<br />5.1 DEFINITION
<br />5.1.1 The Constmclion Cast shall tc :h! tmtal cost or esti-
<br />mated cost to the Owner of all dements of the Protect designed
<br />or specified by the Architect.
<br />5.1.2 The Cnnstructina Cost shall Include the cost at eurrcin
<br />market raies of labor and materials fumtshcd by the Owner and
<br />equipment designed, specified, xiccicd or Specially provided
<br />for by the Architm. Plus a reasmi2ble allowance for the Con
<br />in-tur's nrerhad and pmfit. In addition, a Iasonable allow -
<br />,ore for a,inr.igencies shall he Included for market condtiooss
<br />a; the time ,a bidding and for changes in the Work during
<br />O sinichor
<br />5.:.3 CAnistmclion CnsI does not include the compensation of
<br />it nrchiini and Architect's consulums, tiro toss of the Imd.
<br />n: •,is.of way. financing or other Boss which are the respon
<br />sr,,h:y of the owner as provided In Amick 4.
<br />5._ RESPORSIBIUTY FOR CONSTRUCTION COST
<br />2.1 Fsalumious of the Owner's Project budget, preliminary
<br />rcm;mes of Constmetkin Clew and tlouiinl estimates of Gm-
<br />„cunn (Ail, if my, prepared by the Architm, represeit the
<br />miecfs hest judgment as a design professional familiar with
<br />consmicliun industry. it is rccognlaed, however, that net-
<br />. c: the Architect nor the Owner has control over the cost of
<br />•win, mmcri3Ls or equipment, over the Contnnat's methods
<br />.d determining bid prices, or over competitive bidding, marker
<br />err negouming conditions Accordingly, the Architect cannot
<br />and does not warrant on represent thm hide Or negotiated prices
<br />will not vary fnim Bic Owners Prolecl budget tar from any
<br />estimate of Qirmmcnon Cost or evalumon prepared or agreed
<br />to by the Architect.
<br />5.2.2 No fixed limit of Construction Cost shall tic esublished
<br />at a condition of this Agreement by the furnishing, proposal or
<br />esabiishmeni of a Project budget, unless such fixed limit has
<br />been agreed upon In writing and signed by the panics hcrc(o if
<br />rich a ford limit has tx•co established, the Architect shall lie
<br />permitted to include contingencies for design, bidding and
<br />price esabtiun, to determine what matcUs. equipment, com-
<br />ponent systems and ryfcs of cnnsimctiun arc to be included in
<br />the Contna D,cumens, in make reawimhle adpmmcnts in
<br />the scope of the Prolco and to include in the Gmuract fkicu
<br />mems alternate bids in adpm the Comctmcoun Cow to the fixed
<br />limit. Fixed limits, If any, Stull IV increased in the amount of an
<br />increase in the Contract Sum occurring after execution of the
<br />Contract for Construction.
<br />5.2.3 If the Bidding or Negotiation Phase tins nor commenced
<br />within Soo days after the Architect suhmlis the Construction
<br />Ikcumcr s to the Owner, any Pmlcct budget or fixed limit of
<br />Comstmoinn Gist shall IV adltiwcd t0 rcflcci chmges in the
<br />Rental level of prices in the construction industry Between the
<br />date of submission of the Consmiction Ducumcnts tic the
<br />Owner and the date on which proposals arc Sought.
<br />5.2.4 If a fixed limit of COmtmetiOn Cost (adµsred as pro-
<br />vlded In Subparagraph 523) is exceeded by the lowest born
<br />ride bid or ncguthicd proposal, the Owner shall:
<br />.1 give written approval of an Increase in such fixed
<br />limit;
<br />.2 authorlrr rebidding or renegotiating of the Project
<br />within a rawoablc time:
<br />.3 If the Project is abandoned, terminate In accordance
<br />with Paragraph 6.3; or
<br />.4 cooperate in revising the project scope and quality u
<br />required to tedu¢ the Construction Cast.
<br />5.4.5 If the Owner chases to proceed under Clause 5.2.4.4,
<br />the Architect, without addilkxW Burge, shag modify the Con -
<br />,net Documents as necessary to comply with the fixed unit, If
<br />established as a condition of this Agreement. The modification
<br />of Contract Documents shall be the limit of the Architect's
<br />responslbglry arising out of the establishment of a fixed limit.
<br />The Architect SW be entlded to compenntinn in accordance
<br />with this Agreement for all servka performed whether or not
<br />the Construction Phase is commenced.
<br />ARTICLE 6
<br />USE OF ARCHITECTS DRAWINGS,
<br />SPECIFICATIONS AND OTHER DOCUMENTS
<br />6.1 The Drawings, Spatfiatbus and other documents pm -
<br />patted by the Architect for this PmIcet are instruments of the
<br />Architect's service for use solely with respect to this Project
<br />and, unless otherwise provided, the Architect shall be deemed
<br />the author of these documents and shall retain ail common law,
<br />slalutory and other reserved rights, including the copyright.
<br />The Owner shau he permitted to retain copies, Including repro-
<br />ducible copies, of the Architect's Drawings, Speelfiadous and
<br />other documents for Infomution and reference in connection
<br />with the Owner's use and occupancy of the Project. The Archi-
<br />tect's Drawings, Specifications or other documents shin not be
<br />used by cite Owner or others on other projects, for addidons to
<br />this Project or for completion of this Project by others, unless
<br />the ArdIuccl is adjudged to be in default under this Agreement,
<br />except by agreement In writing and with appropriate compen-
<br />sation to the Architect.
<br />6.2 Submission or distribution of documents to meet official
<br />regulatory requirements or for similar purposes In connection
<br />with the Project is not to be construed as pubuation in deroga-
<br />tion of the Architects reserved rights.
<br />ARTICLE 7
<br />ARBITRATION
<br />7.1 Claims. disputes or other matters in question between the
<br />parties to this Agreement arising out of or relating to this Agree.
<br />ment or breach thereof shall be subject to and decided by wbl-
<br />tration in accordance with the Construction industry Arbltn-
<br />tkan Rules of the American Arbitration Association currettiy in
<br />effect unless the panics mutually agree otherwise.
<br />7.2 Demand for whitnllon shall be filed In writing with the
<br />other pany to this Agreement and with the American Arbitra-
<br />tion Aswcution. A demand for arbitration shall be made within
<br />a reasonable time after the claim, dispute or other miter In
<br />question has arisen. In no event shall the demand for arbitration
<br />be made after die date when IusWutlon of legal or equitable
<br />proceedings bawl on such claim, dispute or other matter in
<br />ga_srk n would be barred by the applicable statuia Of utridatidxtt.
<br />7.3 No arbitration arising out of or relating to thtt Agreement
<br />shall include, by consolidation, joinder or In any other manner,
<br />an additional person ar cndty not a party to this Agreement,
<br />AIR O0o111ENT Edit • OWNER ARCIIITFCT AGRFFMFNT • ra1RTEEN`m EDMON • AIM • 019117
<br />THE AMERICAN INSTITUre OF AROUTCCIS. 1735 NEW YORK AVENUE, N W. VAiNINGTON, DC 2OW6 01414987 0
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