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<br /> the amount of any increase in the Contract Sum occurring , carried by the Architect and the Architect's con-
<br /> after execution of the Contract for Construction. sultants.
<br /> 3.2.3 Any Project budget or fixed limit of Construction 45 Payments on account of the Architect's Additional
<br /> Cost shall be adjusted to reflect any change in the general Services and for Reimbursable Expenses as defined in
<br /> level of prices in the construction.industry between the Paragraph 4.4 shall be made monthly upon presentation
<br /> date of submission of the Construction Documents to the of the Architect's statement of services rendered or ex-
<br /> Owner and the date on which proposals are sought, penses incurred.
<br /> 3.2.4 If a fixed limit of Construction Cost (adjusted as 4.6 No deductions shall be made from the Architect's .
<br /> provided in Subparagraph 3.2.3) is exceeded by the low- compensation on account of sums withheld from gay-
<br /> est bona fide bid or negotiated proposal, the Owner shall ments to contractors.
<br /> (1) give written approval of an increase in such fixed limit, 4.7 If the Project is suspended or abandoned in whole
<br /> (2) authorize rebidding or renegotiating of the Project or in part for more than three months, the Architect shall
<br /> within a reasonable time, (3) if the Project is abandoned, be compensated for all services performed prior to receipt
<br /> terminate in accordance with Paragraph 7.2, or (4) coop- of written notice from the Owner of such suspension or
<br /> erate in revising the Project scope and quality as required abandonment, together with Reimbursable Expenses then
<br /> to reduce the Construction Cost. in the case of (4), pro- due and all Termination Expenses as defined in Paragraph
<br /> vided a fixed limit of Construction Cost has been estab- 7.4. if the Project is resumed after being suspended for
<br /> fished as a condition of this Agreement, the Architect, - more than three months, the Architect's compensation
<br /> without additional charge,shall modify the Drawings and shall be equitably adjusted.
<br /> Specifications as necessary to comply with the fixed limit.
<br /> The providing of such service shall be the limit of the ARTICLE 5
<br /> Architect's responsibility arising from the establishment of
<br /> such fixed limit, and having done so, the Architect shall OWNERSHIP AND USE OF DOCUMENTS
<br /> be entitled to compensation for all services performed, in 5.1 Drawings and Specifications as instruments of sew-
<br /> accordance with this Agreement,whether or not the Con- ice are and shall remain the property of the Architect
<br /> struction Phase is commenced, whether the Project for which they are made is executed
<br /> or not.The Owner shall be permitted to retain copies, in-
<br /> cluding reproducible copies, of Drawings and Specifica-
<br /> ARTICLE 4 tions for information and reference in connection with
<br /> PAYMENTS TO THE ARCHITECT the Owner's use and occupancy of the Project.The Draw-
<br /> 4.1 An initial payment as set forth in Paragraph 9.1 is otherr and
<br /> for Specifications shall ns to be
<br /> this Project,hor for ncorn-
<br /> the minimum payment under this Agreement, pletion of this Project by others provided the Architect is
<br /> 4.2 Subsequent payments for Basic Services shall be not in default under this Agreement,except by agreement
<br /> made monthly and shall be in proportion to services per- in writing and with appropriate compensation to the
<br /> formed within each Phase, Architect,
<br /> 4.3 When compensation is based on a percentage of 5.2 Submission or distribution to meet official regula-
<br /> Construction Cost, and any portions of the Project are tory requirements or for other purposes in connection
<br /> deleted or otherwise not constructed, compensation for with the Project is not to be construed as publication in
<br /> such portions of the Project shall be payable to the extent derogation of the Architect's rights.
<br /> services are performed on such portions, in accordance
<br /> with the schedule set forth in Subparagraph 9,2.2, based ARTICLE 6
<br /> on (1) the lowest bona fide bid or negotiated proposal,or
<br /> (2) if no such bid or proposal is received, the most recent ARBITRATION
<br /> Statement of Probable Construction Cost. 6.1 All claims, disputes and other matters in question
<br /> 4.4 Reimbursable Expenses include actual expenditures between the parties to this Agreement, arising out of or
<br /> made by the Architect in the interest of the Project for: . relating to this Agreement or the breach thereof,shall be
<br /> .1 expense of transportation and living expenses in decided by arbitration in accordance with the Construe-
<br /> connection with out-of-town travel, authorized by tion Industry Arbitration Rules of the American Arbitra-
<br /> the Owner, tion Association then obtaining unless the parties mutu-
<br /> .2 long distance communications, ally agree otherwise. No arbitration, arising out of or re-
<br /> .3 fees paid for securing approval of authorities hav- lacing to this Agreement, shall include, by consolidation,
<br /> ing jurisdiction over the Project, joinder or in any other manner, any additional person
<br /> 4 reproductions, not a party to this Agreement except by written consent
<br /> 5 postage and handling of Drawings and Specifica containing a specific reference to this Agreement and
<br /> tions, signed by the Architect,the Owner,and any other person
<br /> .6 renderings and models requested by the Owner, sought to be joined, Any consent to arbitration involving
<br /> q y an additional person or persons shall not constitute con-
<br /> .7 expense of overtime work requiring higher than sent to arbitration of any dispute not described therein.
<br /> regular rates, if authorized by the Owner, This Agreement to arbitrate and any agreement to arbi-
<br /> .8 expense of any additional insurance coverage or trate with an additional person or persons duly consented
<br /> limits, including professional liability insurance, to by the parties to this Agreement shall be specifically
<br /> requested by the Owner in excess of that normally enforceable under the prevailing arbitration law,
<br /> Ala DOCUMENT 8151 • ABBREVIATED OWNER-ARCHITECT AGREEMENT • JUNE 1978 EDITION • ARe
<br /> Uc 1978• THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C.20006
<br /> 8151-1978 4
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