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13 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by
<br /> resentative authorized to act in the Owner's behalf with the Architect.
<br /> respect to the Project The Owner or such authorized
<br /> representative shall examine the documents submitted by 31.3 Construction Cost does not include the compen-
<br /> the Architect and shall render decisions pertaining thereto sation of the Architect and the Architects consultants,
<br /> promptly, to avoid unreasonable delay in the progress of the cost of the land, rights-of-way, or other costs which
<br /> the Architect's services., are the responsibility of the Owner as provided in Arti-
<br /> cle 2.
<br /> 2.4 The Owner shall furnish a legal description and a
<br /> certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST
<br /> grades and lines of streets, alleys, pavements and adjoin- 3,2.7 Evaluations of the Owner's Project budget. State-
<br /> ing property; rights-of.-way, restrictions, easements, en- ment; of Probable Construction Cost and Detailetl
<br /> croachmenis, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the
<br /> contours of the site; locations, dimensions and complete architect, represent the Architect's best judgment as a
<br /> data pertaining to existing buildings. other improvements design professional familiar with the construction indus-
<br /> and trees; and full information concerning available sen try., It is recognized, however, that neither the Architect
<br /> ice and utility lines Froth public and private, above and nor the Owner has control over the cost of labor, mate.
<br /> below grade, including inverts and depths., rials or equipment, over the Contractor's methods of de-
<br /> 2.5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market
<br /> neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect
<br /> necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or
<br /> borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget
<br /> and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any,
<br /> tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or
<br /> soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi-
<br /> ate professional recommendations, sect.
<br /> 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab-
<br /> chemical and other laboratory tests, inspections and re- lished as a condition of this agreement by the furnishing,
<br /> ports as required by law or the Contract Documents, proposal or establishment of a Project budget under Sub-
<br /> 2.7 The Owner shall furnish all legal, accounting and in- paragraph 11.2 or Paragraph 2 2 or otherwise, unless such
<br /> surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by
<br /> time for the Project, including such auditing services as the parties hereto If such a fixed limit has been estab-
<br /> the Owner may require to verify the Contractor's Applica- lished, the Architect shall be permitted to include con-
<br /> tions for Payment or to ascertain how or for what pur t+ngencies for design, bidding and price escalation to de-
<br /> poses the Contractor uses the moneys paid by or on be termine what materials, equipment, component systems
<br /> half of the Owner, and types of construction ,ire to be included in the Con-
<br /> tract Documents, to make reasonable adjustments in the
<br /> 2.3 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu-
<br /> quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the
<br /> furnished at the Owner's expense, and the Architect shall nixed limit. Any such fixed limit shall be increased in the
<br /> be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring
<br /> thereof, after execution of the Contract for Construction
<br /> 2.9 If the Owner observes or otherwise becomes aware 12.3 if the Bidding or Negotiation Phase has not com-
<br /> of any fault or defect in the Project or nonconformance menced %%ithin three months after the Architect submit,
<br /> with the Contract Documents, prompt written notice [lie Construction [documents to the Owner, any Project
<br /> thereof shall be given by the Owner to the Architect.. budget or fixed limit of Construction Cost shall be ad-
<br /> 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices
<br /> services and shalt render approvals and decisions as ex- in the construction industry between the date of submis-
<br /> peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and
<br /> Architect's services and of the Work. the date on which proposals are sought.
<br /> 3.2.4 If a Project budget or mixed limit of Construction
<br /> ARTICLE 3 Cost (adjusted as provided in Subparagraph 3 23) is ex-
<br /> ceeded by the lowest bona fide bid or negotiated pro-
<br /> posal, the Owner shall 0) give written approval of an
<br /> 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re-
<br /> 3.1.1 The Construction Cost shall be the total cost or negotiating of the Project within a reasonable time, (3) if
<br /> estimated Cost to [he Owner of all elements of the Project the Project is abandoned, terminate in accordance with
<br /> designed or specified by the Architect_ Paragraph 10.2, or (4) cooperate in revising the Project
<br /> scope and quality as required to reduce the Construciion
<br /> 3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc-
<br /> market rates, including a reasonable allowance for over- tion Cost has been established as a condition of this Agree-
<br /> head and profit, the cost of labor and materials furnished ment, the Architect, Nnithout additional charge, shall mod-
<br /> by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply
<br /> b 8141-7977 �. AfA DOCUMENT 8141 • OWNER ARCHITECT AC91E•�tt'vT -THIJZTEENTIi EUiTION • ILLY:97; . AMA . ,�,t977
<br /> THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, NW,, W4 HINGT©N Or ;0006
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