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<br /> the arnounteof 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,'
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<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 pikes in the construction industry between the • Paragraph 4.4 shall be made monthly upon presentation
<br /> •
<br /> date of submission of the Construction Documents to the of the e:chitect'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 madefrom the Architect's.
<br /> provided in Subparagraph 3.2.3) is exceeded by the low- compensation .ori account of sums withheld from pay-
<br /> est bona fide bid or negotiated proposal, the Owner shall ments to contractors. . .
<br /> • . . •
<br /> (I) give written approval of an increase iri such fi'xed'limit, 4.7 If the Project is suspended or abandoned in whore
<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 ail,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 'es 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. . . .
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<br /> Specifications as necessary to comply with the fixed limit. - • -
<br /> The providing of such service shall be the limit of the ARTICLE S.
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<br /> • Architect's responsibility arising from the establishment of
<br /> OWNERSHIP AND USE•OF DOCUMENTS
<br /> • such fixed limit, and having done so, the Architect shall
<br /> be entitled to compensation for all services performed, in 5.1 Drawings and Specifications as instruments Of sem-
<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 /> .
<br /> eluding reproducible copies, of Drawings and Specifica-
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<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 /> ' ' ings.ana,Specific-ations shall not be used by thst-Owner on '
<br /> .
<br /> 4.1 An initial payment as set forth in Paragraph 9.1 is other projects, for additions to this Project, or for corn-
<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 /> ,
<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
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<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 /> ARBITRATION
<br /> • (2) if no such bid or proposal is received, the most recent -
<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 /> •
<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
<br /> 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 /> latine to this Agreement shall include, by consolidation,
<br /> joinder.3 fees paid for securing approval of authorities hay- a i '
<br /> or n any other manner, any additional person
<br /> in jurisdiction over the Project,
<br /> :• not a party to this Agreement except by written consent
<br /> .4 reproductions,
<br /> containing a specific reference to this Agreement and
<br /> .5 postage and handling of Drawings and Specifica- signed by the Architect,the Owner, and any other person .
<br /> • • tions,
<br /> . sought to be joined. Any consent to arbitration involving
<br /> .6 renderings and models requested by the Owner, 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 Qxp;mse 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 he specifically
<br /> requested by the Owner in excess of that normally enforceable under the prevailing arbitration law.
<br /> ....:____
<br /> AiA DOCUMENT 5151 • ABBREVIATED OWNER-ARCINTECT AGREEMENT • JUNE 1973 EDITION • AliO
<br /> 'D 1'..73 • THE AMERICAN INSTITUTE OF ARCHITECf5,1735 NEW YORK AVENLIE, NAV., WASIIINGTON. D.C. 2.1.1cs. B151-1973 4
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