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ARTICLE 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 /> the'Ownejri'of all elements of the Project designed or specified by the Architect.
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<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 costs of
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<br /> ment or supervision of construction or installation provided by a separate construction manager or contractor,
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<br /> p ICI I allreasonable allowance for their overhead and profit.In addition,a reasonable all. wance for contingencies shall be
<br /> included for market conditions at the time of bidding and for changes in the Work.°
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<br /> 1250.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants,the costs of
<br /> the land ri hts-of-wa and financin or other costs that are e e onsibilit of the Owner as provided in Article 4.
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<br /> 1§,12 RESPONSIBILITY FOR CONSTRUCTION COST
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<br /> 12.1 Evaluations of he'Owner's Project budget,the preliminary estimate of Construction Cost and detailed estimates
<br /> Iof Construction Copt,llif any,prepared by the Architect,represent the Architect's judgment as a design professional
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<br /> familiar with the cons t ru cri ind
<br /> on ustry.It is recognized,however,that neither the Architect nor the Owner has control
<br /> over the cost of labor;ilmaterialslllior equipment,over the Contractor's methods of determining bid prices,or over
<br /> competitive bidding,market or Iiegotiating conditions.Accordingly,the Architect cannot and does not warrant or
<br /> represent tliatlnegotiated prices will not vary from the Owner's Project budget or from any estimate of
<br /> Consti 6&6on°Oost or evaluation prepared or agreed to by the Architect.
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<br /> §5.21112 Nolilfiled li"iliMtonAiMficin Cost shall be established as a condition of this Agreement by the furnishing,
<br /> prop'I'osal or'ellstablisflment of a1lPr6j ect budget,unless such fixed limit has been agreed upon in writing and signed by the
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<br /> parties hereto.I such a fixed'limit has been established,the Architect shall be permitted to include contingencies for
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<br /> - VIII des i gn,b i din ,a d rice escation to determine
<br /> hat materials,`,equipment,component systems and types of
<br /> construction are to be included in the Contract Documents,to make reasonable adjustments is the scope of the Project
<br /> and4birliclude in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed
<br /> limit.Fixed limlts,if and, hall be increased in the amount of an increase in the Contract Sum occurring after execution
<br /> of the IlContraet for Construction.
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<br /> within da after the Architect submits the
<br /> 'Iu2 IIII f the Bid ding or, otiation Phase has not commenced i In 90 s
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<br /> Construction Documentsllto,the Owner;any Project budget or fixed limit of Construction Cost shall be adjusted to
<br /> reflect changes in the!Igeneral level of prices in the construction industry.
<br /> §5.2.4 If i fixed hmlt OECOnStruction Cost(adjusted as provided in Section 5.2.3)is exceeded by the lowest bona fide
<br /> bid or negotiated proposal,the Owner shall:
<br /> 11 give written approval of an increase in such fixed limit;
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<br /> 2 I Ia Itithoize rebidding iddin or renegotiating of the Project within a reasonable time,
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<br /> I:31 I I terminate in accordance with Section 8.5; or
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<br /> .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost.
<br /> modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the
<br /> 11,11,111fixed limit,if established as»a condition of this Agreement,,. e modification of such documents without cost to the
<br /> Owner shall be the limit of the Architect's responsibility under this Section 5.2.5.The Architect shall be entitled tt
<br /> compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is r/
<br /> commenced. and as de:' ild `l-&asonahle by tM.`I ter-t �+
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<br /> ARTICLE 6 USE OF ARCHITECT`S INSTRUMENTS OF SERVICE
<br /> §6.1 III I rawmgs;°specifications and other documents,including those in electronic form,prepared by the Architect and
<br /> then IArclutect's consultants are Instruments of Service for use solely with respect to this Project.The Architect and the
<br /> .I Architi'e nit s'li�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 co Pri hts.y
<br /> AIA Document B151TM—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 AM Contract Documents,e-mail
<br /> The American Institute of Architects'legal counsel,copyright @aia.org.
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