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<br /> 2.3• The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by
<br /> resentative authorized to fact in the Owner's behalf with the Architect.
<br /> respect to the Project. The Owner or such authorized 3,1,3 Construction Cost does not include the compen-
<br /> representative shall examine the documents submitted by sation of the Architect and the Architect's consultants,
<br /> the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which
<br /> promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti-
<br /> a` the Architect's services. 1 de 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 RESPONSIBIUTY FOR CONSTRUCTION COST
<br /> grades and lines of street,alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State-
<br /> ing property; rights-of-way, restrictions, easements, en- ments of Probable Construction Cost and Detailed
<br /> croachments, 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 serv- try. It is recognized, however, that neither the Architect
<br /> ice and utility lines both 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 consultantslwhen 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 beating 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 recommehdations.
<br /> tea.
<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- fished as a condition of this Agreement by the furnishing,
<br /> i'` ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub-
<br /> paragraph 1.1.2 or Paragraph 2.2 or otherwise,unless such
<br /> 2.7 The Owner shall furnish all legal,accounting and in- fixed limit has been agreed upon in writing and signed by
<br /> surance counseling services as may be,necessary at any the parties hereto. If such a fixed limit has been estab-
<br /> time for the Project, including such auditing services as fished, the Architect shall be permitted to include con-
<br /> the Owner may require toy verify the Contractors Applica- tingencies for design,bidding and price escalation, to de-
<br /> lions for Payment or to ascertain how or for what our- termine what materials,'equipment, component systems
<br /> poses the Contractor uses the moneys paid by or on be- and types of construction are to be included in the Con-
<br /> half of the Owner. tract Documents, to make reasonable adjustments in the
<br /> 2.8 The services, infor ation, 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 fixed 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 3.2.3 If the Bidding or Negotiation Phase has not corn-
<br /> _:' of any fault or defect in the Project or nonconformance menced within three months after the Architect submits
<br /> with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project
<br /> thereof shall be given bye the Owner to the Architect, budget or fixed limit of Construction Cost shall be ad-
<br /> 2.10 The Owner shall f lrnish required information and justed to reflect any change in the general level of prices
<br /> services and shall render1approvals and decisions as ex-
<br /> 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 o the Work, the date on which proposals are sought.
<br /> 3.2.4 If a Project budget or fixed limit of Construction
<br /> A 1CLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex-
<br /> ceeded by the lowest bona fide bid or negotiated pro-
<br /> CONSTRUCTION COST posal, the Owner shall (1) give written approval of an
<br /> 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re-
<br /> negotiating of the Project within a reasonable time, (3) if
<br /> 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance.with
<br /> estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project
<br /> designed or specified by t)ie Architect. scope and quality as required to reduce the Construction
<br /> 3.1.2 The Construction I 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,without additional charge,shall mod-
<br /> ! 5, by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply
<br /> AlA DOCUMENT$141•OWNER-ARCHITECT AGREEMENT•THIRTEENTH 1DITION•JULY MT•MAN•Cr 19:7
<br /> 6 8141.1977 ( THE AMERICAN INSTITUTE or AKculTECts, 1725 NEW YORK AVENUE. N.W., 1VAStIINGlON. MC. 2001.16
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