2004 S Purchasing- Contract with Corley Redfoot Zack (CRZ) for Design Services for West Ten Soccer Park

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5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed -limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. 5.2.4 If a constructon cost budget, as determined by the Owner, and provided to,.;the Architect -t exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with*he- fhwd-imit, if established as a condition of this ^ a czn$truction cost Agreement#he modification of such documents without cost to the Owner shall be the limit of budget as determined the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to by the Owner and pro - compensation in accordance with this Agreement for all services performed whether or not the vlded to the Architect Construction Phase is commenced. (adjusted as provided and as deemed reasonable by the Architect. K-Fr& • in subparagraph 5.2.3) Kam-• ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate o v w�5 this license. Upon such termination, the Owner shall refrain from making further reproductions cc�a of Instruments of Service and shall return to the Architect within seven days of termination all C----n originals and reproductions in the Owner's possession or control. If and upon the date the ... ® 19 91 A I A Architect is adjudged in default of this Agreement, the foregoing license shall be deemed AIA DOCUMENT 8151 -1997 terminated and replaced b a second, nonexclusive license permitting the Owner to authorize P Y P g ABBREVIATED OWNER - ARCHITECT AGREEMENT other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of The American Institute completing, using and maintaining the Project. of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.