|
2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by
<br />resentative authorized to act in the Owner's behalf with the Architect.
<br />respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen-
<br />representative shall examine the documents submitted by sation of the Architect and the Architect's consu]tants,
<br />the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which
<br />promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti-
<br />the Architect's services. cle 2.
<br />2.4 The Owner shall furnish a legal description and a
<br />certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST
<br />grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State-
<br />ing property; rights-of-way, restrictions, easements, en- ments of Probable Construction Cost and Detailed
<br />croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the
<br />contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a
<br />data pertaining to existing buildings, other improvements design professional familiar with the construction indus-
<br />and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect
<br />ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate-
<br />below grade, including inverts and depths. rials or equipment, over the Contractor's methods of"de;
<br />2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market
<br />neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect
<br />necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or
<br />borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget
<br />and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any,
<br />tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or
<br />soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi-
<br />ate professional recommendations. tect.
<br />2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab-
<br />chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing,
<br />ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub-
<br /> paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such
<br />2.7 The Owner shall furnish all legal, accounting and in- fixed limit has been agreed upon in writing and signed by
<br />surance counseling services as may be necessary at any the parties hereto. If such a fixed limit has been estab-
<br />time for the Project, including such auditing services as lished, the Architect shall be permitted to include con-
<br />the Owner may require to verify the Contractor's Applica- tingencies for design, bidding and price escalation, to de-
<br />tions for Payment or to ascertain how or for what put- termine what materials, equipment, component systems
<br />poses the Contractor uses the moneys paid by or on be- and types of construction are to be included in the Con-
<br />half of the Owner. tract Documents, to make reasonable adjustments in the
<br />2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu-
<br />quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the
<br />furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the
<br />be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring
<br />thereof. after execution of the Contract for Construction.
<br />2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not corn-
<br />of any fault or defect in the Project or nonconformance menced within three months after the Architect submits
<br />with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project
<br />thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad-
<br />2.10 The Owner shall furnish required information and lusted to reflect any change in the general level of prices
<br />services and shall render approvals and decisions as ex- in the construction industry between the date of submis-
<br />peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and
<br />Architect's services and of the Work. the date on which proposals are sought.
<br /> 3.2.4 If a Project budget or fixed limit of Construction
<br /> ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex-
<br /> ceeded by the lowest bona fide bid or negotiated pro-
<br /> CONSTRUCTION COST posal, the Owner shall (1) give written approval of an
<br />3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re-
<br /> negotiating of the Project within a reasonable time, (3) if
<br />3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with
<br />estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project
<br />designed or specified by the Architect.
<br /> scope and quality as required to reduce the Construction
<br />3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc-
<br />market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree-
<br />head and profit, the cost of iabor and materials furnished ment, the Architect, without additional charge, shall mod-
<br />by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply
<br />
<br /> AIA DOCUMENT 1~141 · OVVNER-ARCH~TEC~F AGREEMENr., THIRTEENTH EDITION · JULY 1977 · AIA~' · © 1977
<br />6 !~141-1977 THE AMERICAN IN~.TITUTE OF ARCHITECt. S, 1735 NE~Az YORK AVENUE, N.W., WASHING~rON, D.C. 20006
<br />
<br />
<br />
|