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<br />,~RTlCLE S CONS'CRUG7lOfd COST
<br />§ 5.1 DEFtNITlQAi
<br />§ 5.1.'f The Construction ti~ost shall be the total cost or, to the extent the iJl'O~ECt IS ilOl CD111(7(Ctlti.l, i1;C estirnated cost to
<br />the Owner of alt elernet~ts oi` the Project designed or specitiecl by the Arr_hiiect.
<br />§ 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the
<br />Owner and equipment designed, specified, selected or specially provided for by the Architect, including the cvsts of
<br />management or supervision of construction or installation provided by a sepu-ate construction manager or contractor,
<br />plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be
<br />included for market conditions at the time of bidding and for changes in the Work.
<br />§ 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of
<br />tkte land, rights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4.
<br />§ 5:2 RESPONSlB1LITY FOR CON5TRUCTtON COST
<br />§.5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates
<br />of.Consiruction Cost, if any, prepared by the Architect, represent the At~chitect's judgment as a design professional
<br />familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control
<br />over the cost of labor, materials or equipment, over the Contractor s methods of determining bid prices, or over
<br />competitive: bidding, market or negotiating conditions. Accordingly, the Architect cannot sari does not warrant or
<br />represent that bids of negotiated prices will not vary from the Owner's Protect budget or from any estimate of
<br />Constnictiva,Cosi: or.evaltiation prepared or agreed to by the Architect,
<br />§ 52 3 No::fi4ed li{iutof Construction Cost shall be established as a condition of this Agreement by the furnishing,:.,
<br />proposal or establishment of a P~bject budget, un)~ss ~uch>ffxed limit has been agreed upon in writing and stgned_the
<br />parties hereto ~If such a~fixed limit has been esst#F~i_'sNed, the Architect shall be permitted to include contutgeneies for
<br />destgtt; bidding andpice escalation, todd~ what materials, equipment, component systems and types df
<br />-- construction are to`be:ncluded inthe°~c~~tt~act Doctunertts, to make reasonable adjustments in.the;.seope of the Project
<br />and to include rrr~ the~Contract D.ocrzt~eiits alternate bids as may be necessary to adjust the:Cotts~i!uctaon Cost to the fixed
<br />limrt.:)yiXed-limits, tf any, shall be increased in the amount of an increase in the Co~tttra~t-Bruit occurring after execution
<br />of the Contract for .Construction. -
<br />5r3 3 If.the $iddiig L1irNegotiation Phase has not commenced within 90 days after the Architect submits the
<br />CQristcuction Doeurnetits; to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to
<br />'reflect ghan~es lit the general level of prices in the construction industry.
<br />§;5:2 4 If a.ftxed li,~t-of construction Cost {adjusted as provided in Section 5.2.3) is exceeded by the lowest bona fide
<br />- 'bid ox.negotiateil:pixzposal, tie Owner shall:
<br />..1 -. ,;,.give written approvaLof an increase in such fixed limit;
<br />*• ~ 2 aiithor~ze rebidding or renegotiating of the Project within a reasonable time;
<br />-'~ - ~'~- termin'afe in accordance with Section 8.5; or
<br />- ~ .4 cooperate in revising t'he Project scope and quality as required to reduce the Construcgon Cost.
<br />` § 5;~:3.If the Owner chooses to proceed urider Section 5.2.4:4, the Architect, without additional compensation, shall .
<br />xmoilify the documents for which the Architect is responsillleatnder this Agreement as necessary to comply with the
<br />k ~ f Yeti limit, if established as a condition of this Agreet~~t~~te modification of such documents without cost to tliti
<br />,- ~,vrner shall be the limit of the Architect's respoila~y under this Section 5.2.5. The Architect shall.be en~.tl;~;;
<br />,, ~' compensation in accordance with this Agreent~fd~ all services performed whether or not the Constr~uofi~.~'se is
<br />commenced ~,~~_` ~: ,ter ,~~ s.
<br />'~ ~ and as deemed. reasonably ,the Architect
<br />~-~.~~ .~'1CL~ 6 ~1S~ dF ARCHIT~~CT~S~~RUpIIENTS OF 5ERVICE ~ ~ ~°'~ K'R-
<br />~~' X1;1 Drawf~sxs~iecrf~cadr?d~9~'ri'~ other documents, including those in electronic
<br />~ierrcl~iteet's~eopsulfar~.tstsai`ehlnstruments of Service for use solely with respect
<br />r;~rcltttt~t's cc~rlsulfants~'shall be deemed the authors and owners of their r 't~j~f
<br />Yetain aft comerit7ti-law, statutory and other reserved rights, including copyrxgh'`ts.
<br />;d by the Archttect and
<br />. 'I7ie Architect and the _
<br />of Service and -shall
<br />~~~•--Saar:a.[ry~ynym~[u.iary,.[ara,:[aor, ana ~syr.oy.~na nmeacan msuw[e o~wuus3[as. Nn ngn[s nrservea. vrwmm~u: [mS
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