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<br /> 2.3- The Owner shah 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 3.1.3 Construction Cost does not include the compen-
<br /> • - representative shall examine the documents submitted by sailon of the Architect and the Architect's consultants.
<br /> I the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which
<br /> promptly,to avoid uclreasonable delay in the progress of are the responsibility of the Owner as provided in AA-
<br /> / the Architect's services. cle 2.
<br /> I 2.4 The Owner shall furnish a legal description and a 3.2 RESPONSIBILITY FOR CONSTRUCTION COST
<br /> 'certified land surve)J of the site, giving, as applicable,
<br /> • grades and lines of streets,alleys, pavements and adjoin- 3.2.1 Evaluations.of the Owner's Project budget. State•
<br /> ing property; rights-ttf-svay, restrictions, easements, en- men1S of Probable Construction Cot and Detailed
<br /> croachments, zoningL 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 Inc us.
<br /> and trees;and full information concerning available serv- try. It is recognized, however, that neither the Archi ect
<br /> ice and utility lines both public and private, above and ' nor the Owner has control over the cost of labor,mote-
<br /> ' below grade,including inverts and depths. riats 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 Artie-
<br /> ate professional reco'nmendations. - 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 /> 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 22 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 shad be permitted to include con-
<br /> the Owner may require to verify the Contractor's Applica- tingencies for design,bidding and price escalation,in de-
<br /> lions for Payment or to ascertain how or for what pur- !ermine what materials;equipment, component sys'ems
<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. I tract Documents, to make-reasonable adjustments in the
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<br /> 2.8 The services; 'nformation, surveys and reports re- scope of the l'roject and to include in the Contract Docu-
<br /> quired by,Paragraphs 2.4 through 2.7 inclusive shall be merits alternate bids to adjust the Construction Cost tp 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 I Documents, prompt written notice the 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 jested to reflect any change in the general level of prices
<br /> •in. the construction industry between the date of submis-
<br /> . services and shall render approvals and decisions as ex- lion of the Construction Documents to the Owner and
<br /> peditiously as nece�sary for the orderly progress of the the date on which proposals are sought.
<br /> Architect's services and of the Work.
<br /> -3.2.4 If a Project budget or fixed limit of Construction
<br /> ARTICLE 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 /> increase in such fixed limit, (2) authorize rebidding or re-
<br /> 3.1 DEFINITION
<br /> negotiating of the Project within a reasonable time, 13) 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 the Architect. scope and quality as required to reduce the Construction
<br /> 3.1.2 The Construction Cost shall include at current Cos!. In the case of(4),provided a fixed limit of Con,truc-
<br /> market rates, including a reasonable allowance for over- tion Cost has been established as a condition of thisAgree-
<br /> head and profit, the cost of labor and materials furnished ment,the Architect,without 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 /> AIA DOCUMENT 11141 •owNLR-M cHITECT AGREEMENT•THIRTEENTH LOITION• I('LY PE:•AIA•• y 17:7
<br /> • 6 8141-1977 THE AMERICAN INSTITUTE Or ARCHIrECTS, 1735 NEW YORK AVENUE, N.w., UrAsHINcluN, U.C. 2MWb
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