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<br /> ARTICLE 5 .3 if the Protect is abandoned, terminate In accordance
<br /> CONSTRUCTION COST with paragraph 8.3;or
<br /> .4 cooperate in revising the Project scope and quality as
<br /> 5.1 required to reduce the Construction Cost,
<br /> 5.1.1 The Construction Cost shall be the total cost or ti 5.25 if the Owner chooses to proceed under Clause 52.4.4,
<br /> mated coast to the Owner of all clematis of the Project designed the Architect, without addition charge,shall modify the,C.rm-
<br /> or specified by the Architect, tract I vw'rae cu%sea necessary to comply with the fixed limit,if
<br /> established as a condition of this Agreement.The modification
<br /> 5.1.2 The Construction Cost shall Include the cost at current of Contract Documents shall be the limit of the Architect's
<br /> market rates abhor and materials furnished by the Owner tall responsibility arising out of the establishment of a fixed limit.
<br /> equipment designed, specified, :clecrrtl or specially provided The Architcct shall be entitled to compensation in accordance
<br /> for by the Architect,plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not
<br /> tTae[or's overhead and profit. In addition, :r rextnnable allow- the Construction Phase is commenced.
<br /> ante for contingencies shall he included for market conditions
<br /> at the time of bidding and for changes in the Work during
<br /> construction. ARTICLE 6
<br /> 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS,
<br /> the Ardtiteet and Architect's consultants, the costs of the land, ovecricsnows AND OTHER DOCUMENTS
<br /> rigbts•of•way, financing or other costs which arc the respon-
<br /> sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre-
<br /> ' 5.2 FOR CONSTRUCTION COST payed by the Architect for this Project arc instruments of the
<br /> Archtteett•s service for ace solely with respect to this Project
<br /> 5.2.1 !:valuations of the Owner's Project budget,preliminary and,unless otherwise provided, the Architect shall be deemed
<br /> estimates of Construction Cost and detailed estimates of Con- the author of these documenn and shall retain all common law,
<br /> strutdctn Cast,If any, prepared by the Architect,represent the statutory and other reserved rights, including the copyright.
<br /> Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies,inducting repro-
<br /> the construction industry. tt its recognierre however,that oei- dueible copies,of the Architect's Drawings,Specifications and
<br /> Cher the Architect nor the Owner has control over the cost of other dCtcumenes for information and reference in connection
<br /> labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project.The Mehl-
<br /> of determining bid prices,or over nunpetitive bidding,marker tort's Drawings,Specifications or other documents shall not be
<br /> or negotiating conditions. Accordingly, the Architect cannot tied by the Owner or others on other projects,for additions to
<br /> and does not warrant or represent that bids or negotiated prices this Project or for completion of this Project by others.unless
<br /> will not vary from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement.
<br /> estimate of Construction Cost or evaluation prepared Of agreed except by agreement in writing and with appropriate compen-
<br /> to by the Architect. =bon to the Architect.
<br /> 5.2.2 No fixed limit of Construction cost shall be established i.2 Submission or distribution of documents to meet official
<br /> as a condition of this Agreement by the furnishing,proposal or regulatory requirements or for sinner purposes in contortion
<br /> %Stahiishment of a Project budget, unless such fixed limit etas with the Project is not to be construed as publication in drrrrga-
<br /> been agreed upon in writing and signed by the parties hereto.If Ilan of the Architect's reserved rights.
<br /> such a fired IiMit hat been established, the Architect shalt be
<br /> permitted to include contingencies for design, bidding and
<br /> price oscalstitrn,to determine what materials,equipment,com-
<br /> ponent systems and types of construction are to be included in
<br /> the Contract Documents, to make reasonable adjustments in ARTICLE 7
<br /> the scope of the Project and to include in the Contract Docu ARBITRATION
<br /> ments alternate bids to adjust the Construction Cost to the fixed
<br /> limit.Fixed lirnitx,if arty,shall be increased in.the amount of an 7.1 Claims,disputes or other matters in question betwet n the
<br /> increase in the Contract Stum occurring after execution Of the parties to this Agreement arising out of or relating to this Agree-
<br /> Contract tor Construction, anent or breach Memo( be subject to and decided by arbi-
<br /> 5.2.2 If the Bidding or Negotiation Phrase has not commenced [ration in accorctinee with the Construction Industry Arbltr4-
<br /> within 90 days after the Architect submits the ConstruCtioil Lion Rules of the American Arbitration Association currently in
<br /> Daemxnents to the Owner,any Project budget or fixed limit of effect unless the parties mutually agree otherwise.
<br /> Construction Cost shall be adjuster to reflect changes in the 7.2 Denzeid for atbitration shall be filed in writing with the
<br /> general level of prices in the construction industry between the
<br /> Arbiter-
<br /> date of submission of the Construction Documents to the other party to t.A demand for and with the shall be can within
<br /> Owner and the date on which proposals are sought. afore sonabltlon.A demand for arbitrnkxt shall be other matter within
<br /> a reasonable time after the claim, dispute or uthCr matter in
<br /> 6.2.4 If a need limit of Coreaructkan cost (adjusted as lm} question has arisen In no event shall the demand for arbitration's
<br /> vided in Subparagraph 5.2.3)is exceeded by the lowest bona be made after the date when institution of legal or equitable
<br /> fide bid or negotiated proposal. the Owner shall: proceedings based on such claim, dispute or other matter in
<br /> .1 give written approval of an increase lo such fitted ClueStk10 would be tamed by the applicable statutes of!decent ions,
<br /> hitrlitt 7.3 No arbitration arising out of or relating to this Agreement
<br /> .2 authorize rebidding or renegotiating of the Project shall include,by consolidation,joinder or in any ether manner,
<br /> within a reasonable time; an additional person or entity not a parry to this Agreement,
<br /> AM DOCIM i4T 0141 •O'NER•ARCHrrECT AGREEMENT•FOURTHENTH EDO1tNr•AMA' •0?me 7
<br /> THE AMERICAN lNST1TUTE Of ARCHITECTS,2735 NEW YORK AVENUE,NW.,VASISINGTONV,D.C.20006 8141-1987 6
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