|
2.3 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 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-w,ay, or other costs which
<br /> promptly, to avoid unreasonable delay in theffnogress of are the.,responsibility of the Owner as provided in Arti
<br /> the Architect's services. eta 2., •
<br /> 2.4 The Owner shall furnish a legal descilprlon and a - _,
<br /> certified and survey of the site, giving, as applicable, 3.2 RESRON5IBICITY D. CONSTft.U. ON CDST
<br /> grades and lines of streets,alleys, pati.ements and adjoin- 3.21 _Evacuations of the Owner's Project budget. State
<br /> ing property;_rights,-of-way,_restriclions.easements, en- meets",of,Probable Construction:,Cost and:.Qeteijed_• ,_._
<br /> croachments, zoning;deed-•iestrietiorisr-boundaries and---'' sttinaits_df'Consiructforr talc if arty,prepared=by'the'=--
<br /> ..., contours of the site; locations,dimensions and complete_=_ Archite;Ct,:represent..the"Architect's;.,be,5t,-�udg7tent as�a
<br /> • data peitaining ii e�iisting"buifamgs;otheriinpiovernenis design='piafessional_faniiliar�i,,Ith"the'constfuctioh.
<br /> and trees;and full information concereins;avai1able-sgrv= try:••U,isrecognized;"however, that neither the Architect=
<br /> ice and'utility lines=both:ptibliC-xtirk:pct at above and =—nor the:dWner has control•over the cost of labor,
<br /> Z,5 The Owner shalt furnish the.ser4
<br /> grade; g i, ,_ p. -rials•.oi•egaipmerit,over,the.Contractor ,methodsof_da:"'
<br /> - 'ices rofiroil-engi` termining bid prices,orover competitive bidding,marker•-===
<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,sail 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, test.
<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 /> paragraph The Owner shall furnish all legal,accounting and in- paragraph 1.1 2 or Paragraph 2.2 or otherwise,unless such
<br /> 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 used limit has been estab-•
<br /> time for the Project, including such auditing services as lished, the Architect shall be permitted to include con•
<br /> the Owner may require to verify the Contractor's Applies- tingencies for design,bidding and price escalation, to de-
<br /> tions for Payment or to ascertain how or for what pur- 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 /> 2.35 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 meets alternate bids to adjust the Construction Cost to the
<br /> furnished at the Owners 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 by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad-
<br /> 2.1G The Owner shall furnish required information and justed to reflect any change in the general level of prices
<br /> services and shall 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 fixed limit of Construction
<br /> ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2..31 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,(21 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 the Architect scope and quality as required to reduce the Construction
<br /> 3,1.2 The Construction Cost shall include at current Cost.In the case of(4),provided a fixed limit of Construe-
<br /> market rates, including a reasonable allowance for over- lion Cost has been established as a condition of this Agree-
<br /> head and profit,the cost of labor and materials furnished merit,the Architect,without additional charge,shall mod-
<br /> by the Owner and any equipment which has been de- ily the Drawings and Specifications as necessary to comply
<br /> AIA ooCUslEr s 0171•O\NER•ARCHITECT AGREEMENT•TIIIRTCCNTII EDITION•JULY 1977•Aims•0 197
<br /> 6 S141-1977 THE AMERICAN INSTITUTE Or ARCHITECTS. 1735 NEW YORK AVENUE. N W, WASHINGTON. 0 C 20306
<br />
|