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<br /> ` the Construction Cost within the fixed limit, if establi-icu as a
<br /> 5.2.1 Evaluations of the Owner's Project budget, condition of this Agreement.
<br /> preliminary estimates of Construction Cost and detailed
<br /> estimates of Construction Cost prepared by the Construction ARTICLE 6
<br /> Manager represent the Construction Manager's best judgment CONSTRUCTION SUPPORT ACTIVITIES
<br /> as a person or entity familiar with the construction industry. It
<br /> is recognized,however, that neither the Construction Manager 6.1 Construction support activities, if provided by the
<br /> nor the Owner has control over the cost of labor, materials or Construction Manager, shall be governed by separate
<br /> equipment, over Contractors' methods of determining bid contractual agreements unless otherwise provided in Article 14.
<br /> prices, or over competitive bidding, market or negotiating
<br /> conditions.Accordingly,the Construction Manager cannot and 6.2 Reimbursable expenses listed in Article 14 for
<br /> does not warrant or represent that bids or negotiated prices will construction support activities may be subject to trade
<br /> not vary from the Project budget proposed, established or discounts, rebates, refunds and amounts received from sales of
<br /> approved by the Owner, or from any cost estimate or surplus materials and equipment which shall accrue to the
<br /> evaluation prepared by the Construction Manager. Owner, and the Construction Manager shall make provisions
<br /> so that they can be secured.
<br /> 5.2.2 No fixed limit of Construction Cost shall be
<br /> established as a condition of this Agreement by the furnishing, ARTICLE 7
<br /> proposal or establishment of a Project budget unless such fixed OWNERSHIP AND USE OF
<br /> limit has been agreed upon in writing and signed by the parties ARCHITECT'S DRAWINGS, SPECIFICATIONS
<br /> hereto. If such a fixed limit has been established, the AND OTHER DOCUMENTS
<br /> Construction Manager shall be permitted to include
<br /> contingencies for design,bidding and price escalation,and shall 7.1 The Drawings, Specifications and other documents
<br /> consult with the Architect to determine what materials, prepared by the Architect are instruments of the Architect's
<br /> equipment, component systems and types of construction are service through which the Work to be executed- by the
<br /> to be included in the Contract Documents, to suggest Contractors is described.The Construction Manager may retain
<br /> reasonable adjustments in the scope of the Project, and to one record set. The Construction Manager shall not own or
<br /> suggest inclusion of alternate bids in the Construction claim a copyright in the Drawings, Specifications and other
<br /> Documents to adjust the Construction Cost to the fixed limit. documents prepared by the Architect, and unless otherwise
<br /> Fixed limits, if any, shall be increased in the amount of any indicated the Architect shall be deemed the author of them and
<br /> increase in the Contract Sums occurring after execution of the will retain all common law,statutory and other reserved rights,
<br /> Contracts for Construction. in addition to the copyright. All copies of them, except the
<br /> Construction Manager's record set,shall be returned or suitably
<br /> 5.2.3 If the Bidding or Negotiation Phase has not accounted for to the Architect, on request, upon completion of
<br /> commenced within 90 days after submittal of the Construction the Project. The Drawings,Specifications and other documents
<br /> Documents to the Owner, any Project budget or fixed limit of prepared by the Architect, and copies thereof furnished to the
<br /> Construction Cost shall be adjusted to reflect changes in the Construction Manager, are for use solely with respect to this
<br /> general level of prices in the construction industry between the Project. They are not to be used by the Construction Manager
<br /> date of submission of the Construction Documents to the on other projects or for additions to this Project outside the
<br /> Owner and the date on which proposals are sought. scope of the Work without the specific written consent of the
<br /> 5.2.4 If a fixed limit of Construction Cost (adjusted as Owner and Architect. The Construction Manager is granted a
<br /> provided in Subparagraph 5.2.3) is exceeded by the sum of the limited license to use and reproduce applicable portions of the
<br /> lowest bona fide bids or negotiated proposals plus the Drawings, Specifications and other documents prepared by the
<br /> Construction Manager's estimate of other elements of Architect appropriate to and for use in the performance of the
<br /> Construction Cost for the Project,the Owner shall: Construction Manager's services under this Agreement.
<br /> All copies made under this license shall bear the statutory
<br /> .1 give written approval of an increase in such fixed copyright notice, if any,shown on the Drawings,Specifications
<br /> limit; and other documents prepared by the Architect. Submittal or
<br /> .2 authorize rebidding or renegotiating of the Project distribution to meet official regulatory requirements or for
<br /> within a reasonable time; other purposes in connection with this Project is not to be
<br /> construed as publication in derogation of the Architect's
<br /> .3 if the Project is abandoned, terminate in accordance copyright or other reserved rights.
<br /> with Paragraph 9.3;or ARTICLE 8
<br /> .4 cooperate in revising the Project scope and quality as ARBITRATION
<br /> required to reduce the Construction Cost. 8.1 Claims,disputes or other matters in question between
<br /> 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the parties to this Agreement arising out of-or relating to this
<br /> the Construction Manager, without additional charge, shall Agreement or breach thereof shall be subject to and decided by
<br /> cooperate with the Owner and Architect as necessary to bring arbitration in accordance with the Construction Industry
<br /> O 1992-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292.AIA DOCUMENT 8801/CMa
<br /> - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION -AIA® -WARNING: Unlicensed photocopying violates U.S. copyright laws and
<br /> will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in
<br /> accordance with your license without violation until the date of expiration as noted below.User Document: b801cmastanthony.aia--5/10/2002.AIA
<br /> License Number 1005364,which expires on 1/31/2003.
<br /> Electronic Format 8801/CMa-1992
<br />
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