RES 88109 - Laserfiche WebLink

ARTICLE 5 .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or CONSTRUCTION COST .4 cooperate in revising the Project scope and quality as 5.I DEFINITION required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Proiect designed the Architect, without additional charge, shall modif'y the Con- tract Documents as necessary. to comply with the fixed limit. if or specified bv the Architect. established as a condition of this Agreement. The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect 's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit. equipment designed. specified. selected or specially provided The Architect shall be entitled to compensation in accordance for by the Architect. plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition. a reasonable allow- the Construction Phase is commenced. ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction, ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land. SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article ~. 6.1 The Drawings, Specifications and other documents pro- S.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Proiect 5.2.1 Evaluations of the Owner's Project budget, preliminaz3' and, unless otherwise provided, the Architect shall be deemed estwnates of Construction Cost and detailed esttrnates of Con- the author of these documents and shall rotran all common law, struction Cost, if any, prepared by the Architect. represent the statutory. and other reserved rights, including the copyright. Architect's best iudgment as a design professional familiar with The Owner shall be permitted to retain copies. including repro- the construction industry.. It is recognized. however, that nei- ducible copies, of the Architect's Drawings, Specifications and thor the Architect nor the Owner has control over the cost of other documents for information and reference in connection labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project. The Archi- of determining bid prices, or over competitive bidding, market tect's Drawings, Specifications or other documents shall not be or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects, for additions to and does not warrant or represent that bids or negotiated prices this Proiect or for completion of this Project by others, unless will not vary. from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement. estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate cornpen- to by the Architect. sation to the Architect. 5.2.2 No fixed limit of Construction Cost shall be established 6.2 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing, proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget, unless such fixed limit has with the Proiect is not to be construed as publication in deroga- been agreed upon m writing and signed by the parties hereto. if tion of the Architect's reserved rights. such a fixed in'nit has been established. the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents. to make reasonable adjustments in ARTICLE 7 the scope of the Project and to include in the Contract Docu- ARBITRATION moots alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an 7.1 Claims, disputes or other matters in question between the increase in the Contract Sum occurring after execution of the parties to this Agreement arising out of or relating to this Agree- Contract for ConstrucUon. mentor breach thereof shall be subiect to and decided by arbi- 5.2.3 If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction Industry. Arbitra- within 90 days after the Architect submits the Construction tion Rules of the American Arbitration Association currently in Documents to the Owner, any Project budget or fixed limit of effect unless the parties mutually agree otherwise. Construction Cost shall be adjusted to reflect changes in the 7.2 Demand for arbitration shall be filed in wnting with the general level of prices in the construction industry. between the other party to this Agreement and with the American Arbitra- date of submission of the Construction Documents to the tion Association. A demand for arbitration shall be made within Owner and the date on which proposals are sought. a reasonable time after the claim. dispute or other matter in 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has amen. In no event shall the demand for arbitration vided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after the date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings based on such claim, dispute or other matter in .1 give written approval of an increase in such ftxed question would be barred by the applicable statutes of limitations. limit; 7.3 No arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project shall include. by consolidation. joinder or in any other manner. within a reasonable time: an additional person or entity not a party to this Agreement, AIA DOCUMF. NT BI41 · OWNER-ARCHITECT AGREEMENT · FOURTEEI'CrH EDITION · AIA® · ©1987 THE AMERICAN INSTITUTE OF ARCHITECT5, 173 5 NEW YORK AVENUE, N.W.,WASHINGTON, D.C. 20006 B141-1987 6