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ARTICLE 5 CONSTRUCTION COST
<br /> §51 DEFINITION
<br /> §5.1.1 The Construction Cost shall be the total cost or,to the.extent.fhe'Project is not completed,the estimated cost to
<br /> the Owner of all elements of the Project designed or specified by the Architect.
<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
<br /> management or supervision of construction'or installation provided by a separate 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 /> the laird,rights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4.
<br /> §5.2 RESPONSIBILITY FOR CONSTRUCTION COST
<br /> §5.2.1 Evaluations of the Owner's Project budget,the prelunina>y estimate of Construction Cost and detailed estimates
<br /> of Constriction Cost,if any,prepared by the Architect,represent the Architect'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 and does not warrant or
<br /> represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of
<br /> Construction Cost or evaluation prepared or agreed to by the Architect.
<br /> §5.2.2 No fixed limit of Construction Cost shall be established as a condition of tilts 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 deteiinin6 what materials,equipment,component systems and"types of
<br /> construction are to be included in the Cdiitract Documents,to make reasonable adjustments in the scope`of the Project
<br /> and to include in the Contract Documents 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 ContraccE Surri occurring after execution
<br /> of the Contract for Construction.
<br /> §5.2.3 If the 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 changes in the general level of prices in the construction industry.
<br /> §5.2.4 If a fixed limit of Construction 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 /> .1 give written approval of an increase in such fixed linlit;
<br /> .2 authorize rebidding or renegotiating of the Project within a reasonable tune;
<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
<br /> modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the
<br /> fixed limit,if established as a condition of this Agreernent:^The 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 to
<br /> compensation in accordance with this Agreement foi all services performed whether or not the Construction.Phase is
<br /> ea
<br /> commenced. and as dened reasonable by ttz6 tlrchitect. '�f2
<br /> ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
<br /> §6.1 Drawings,specifications and other documents,including those in electronic forih,prepared by the Architect and
<br /> the Architect's consultants are Instruments of Service for use solely with respect fo 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 comi-non law,statutory and other reserved rights,including copyrights.
<br /> AIA Document B151TI-I—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 AIAoDocumeni, 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
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