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ARTICLE 5 CONSTRUCTION COST
<br />§ 5.1 DEFINITION
<br />§ 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to
<br />41he pW oer of all elements of the Project designed or specified by the Architect.
<br />Construction Cost shall include the cost at current market rates of labor and materials. famished by the
<br />Ovine 'and equipment designed, specified, selected or specially provided for by the Architect, inc Iuding the costs of
<br />a manage Went or supervision of construction or installation provided by a separate construction manager or contractor,
<br />t:a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be
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<br />included for market conditions at the time of bidding and for changes in the Work.
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<br />0x.3 Construction Co *',d s not include the compensation of the Architect and the Architect's consultants, the costs of
<br />d.
<br />*:land, rights- of- way°,al' •financing or other costs that are the responsibility of the Owner as provided in Article 4.
<br />'j *2 RESPO ISIBILITY FORiCONSTRUCTION COST
<br />.1 Evaluations o£ the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates
<br />A Cons0Wft0 m Cow I<fat►y, p, mpared by the Architect, represent the Architect's judgment as a design professional
<br />familiar with the OnOtruction industry. It is recognized, however, that neither the Architect nor the Owner has control
<br />over the cost of labor, materi -or equipment, over the Contractor's methods of determining bid prices, or over
<br />competitive biddiqg, markefoTnegotiating conditions. Accordingly, the Architect cannot and does not warrant or
<br />represebt that bids or negotii prices will not vary from the Owner's Project budget or from any estimate of
<br />Contraction Cost or,evaluaton prepared or agreed to by the Architect.
<br />§ 6.2,2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing,
<br />proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the
<br />parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for
<br />design, bidding and price escalation, to determine what materials, equipment, component systems and types of
<br />construction are to be included in the Contract Documents, to make reasonable adjustments in the scoI
<br />pe
<br />of the Project
<br />and to include in the Contract i Pocuments alternate bids as may be necessary to adjust the Construction Cost to the fixed
<br />limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution
<br />of the Contract for Construction.
<br />§ 5:x.3'' If time Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the
<br />Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to
<br />reflect Ch es in the general level of prices i the constructio industry.
<br />x.2.4. constr tjion cost iget as det rimmed t'ne er, and provided to the
<br />USE r d'ed u r r 5.2.3
<br />ens exce de AY the lowest bona fide
<br />bid or renegotiated proposal, the Owner shall:
<br />.1 give written approval of an increase in such fixed limit;
<br />.2 authorize rebidding or renegotiating of the Project within a reasonable time;
<br />.3 terminate in accordance with Section 8.5; or
<br />.4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost.
<br />§ 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall KEI'C
<br />modify the documents for which the Architect is responsible under this Agreement as necessary to comply with Jbc `a construe
<br />fi'�f�WAYK, if established as a condition of this Agreement'fThe modification of such documents without cost to the tion Cost
<br />Owner shall be the limit of the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to budget as
<br />compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is d�pa�telnnined
<br />commenced. by t'ne ain_ and provided to t'ne Architect (adjusted as provided in subpara.
<br /># and as des.,ned reasonable by the ARchitect. k O R 5.2.3.)
<br />ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
<br />§ 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and
<br />the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the
<br />Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall
<br />retain all common law, statutory and other reserved rights, including copyrights.
<br />AIA Document 8151 Tm —1997. Copyright © 1974, 1978, 1987, and 1997 by The American Institute of Architects. All rights reserved. WARNING: This
<br />AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, 8
<br />or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
<br />Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail
<br />The American Institute of Architects' legal counsel, copyright @aia.org.
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