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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 act in the Owner's behalf with the Architect.
<br /> respect to the Project. The lOwner or such authorized 3,1,3 Construction Cost does not include the compen-
<br /> representative shati examine the documents submitted by cation c the Architect and the Architect's consultants,
<br /> the Architect and shall renderldecisions pertaining thereto
<br /> promptly, to avoid unreasonable delay in the progress of the cost of the land, cif the rights-of-way, or other costs which ..
<br /> the Architect's services, are the responsibility, of the Owner as provided in Arti-
<br /> the
<br /> The Owner shall furnish a legal de 2.
<br /> E# ego! description and a
<br /> certified land survey of the isite, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST
<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-of-way, est•ictIons, easements, en- ments of Probable Construction Cost and Detailed
<br /> croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if an
<br /> contours of the site; locations, dimensions and complete Architect, represent the Architect's byest judgment ment by the 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 /> 25 The Owner shall furnish the services of soli 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‘ialues, 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 oper4tions for determining sub- or from any Statement of Probable Construction Cost or
<br /> soil,air and water conditions,i.'ith reports and appropri- other cost estimate or evaluation prepared by the Archi-
<br /> ate professional recommendations, tee
<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 bylaw or the.Contract Documents, proposal or establishment of a Project budget under Sub-
<br /> Z.7 The Owner shall furnish a l legal,accounting and in- paragraph 1.1.2 or Paragraph 2.2 or otherwise,unless such
<br /> surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by
<br /> time for the Project, including such auditing services as the Parties hereto. If such a Gxed limit has been estab-
<br /> the Owner may require to verify the Contractor's Applica- fished, the Architect shall be permitted to include con-
<br /> the for Payment or to ascr:rt�in how or for what pun• urgencies for design, bidding and price escalation, to de-
<br /> poses the Contractor uses the moneys paid by or on be-
<br /> and what materials, equipment, component systems
<br /> Con-
<br /> half of the Owner. and types of construction are to be included in the Con-
<br /> hal The services, information surveys vact Documents, to make reasonable adjustments in the
<br /> 2.8 T The Paragraphs information
<br /> 2.4 through Z7/inand reports re be scope of the Project and to include in the Contract Docu-
<br /> meats 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 adcuracy 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 Pr' ject or nonconformance menced withit;
<br /> with the Contract Documents prompt written notice three months after the Architect submits
<br /> thereof shall be given by the Owner to the Architect, the Construction orrfix fixed Documents to the Owner, any be ad-
<br /> bud et or fixed limit of Construction Cost shall be ad-
<br /> 2.10 The Owner shall furnish required information and lusted to reflect any change in t�,, general level of prices
<br /> services and shall render appro.ials and decisions as ex- in the construction industry bet..een the date of submis-
<br /> peditiously as necessary for thq orderly progress of the Sion of the Construction Docuurr;.ants to the Owner and
<br /> Architect's services and of the Work, the date on which proposals ar sought
<br /> 3.2.4 if a Project budget or fixed limit of Construction
<br /> ARTICLE 3 Cost (adjusted as provided in Su;:paragraph 3,2.3) is ex-
<br /> CONSTRUCTION COST ceeded by the lowest bona fide bid or negotiated pro-
<br /> posal, the Owner shall (1) give Nritten approval of an
<br /> 3,3 DEFINITION increase in such fixed lirnit, (2) ..,I;`Iorize rebidding or re-
<br /> negotiating 3.1.T The Con"struction Cost shalt be the total cost or the Project of the Project ';itilir. reasonable time, (3) if
<br /> estimated cost to the Owner of Ian
<br /> elements of the Prniart - is abandoned, ter :: :..;,a in an��r�t�.,�. ,....�
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