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<br />§ 49 The services, iriformatian, surveys and sports regaii+ed by Sections 4.4 through 4.8 shall be furnished at the
<br />Owner's expense, and the Architect shaA be errtitied fo rely upon the accuracy and completeness theQeof.
<br />§ 4.10 The Owner sbeIl provide prompt writteat notice to the Architect if the Owner becomes aware of any faalt or
<br />defect in the Projax, including any errors, omissions or inconsist~cies in the An,.hitect's hratnunents of Service.
<br />ARTICLE 5 CONSTRUCTION COST
<br />§ 5.1 DEFINITION
<br />§ 5.1.1 The Co natruction Cost shall be fire total coat or, to the extent the P'rojoct is not completed, the estimated cast to
<br />the Owner of ail alemcrtta of the Project desigtrtd or specified by the Art:hiboct.
<br />$ 5.1.2 The Construction Gost shall include the cost at carrent nrarlaet rates of labor and tnatpdals furnished by the
<br />Owner and equipment designed, specafiod, selected or specially provided for by life Arohitect, including the costa of
<br />management or snperwision of construction or installation provided by a separate construction manager ar conhactor,
<br />plus a reasonable sAowance for their overhead and profit In addition, a reasonable allowance for contingencies shall
<br />be inchrded for market conditions at lira time of balding and fee changes in lire Work.
<br />§ 5.1.3 Construction Cost does not include the compensation of fire Architect and the ArehitecCs consultants, the costs
<br />of the land, rights-of-way and financing or other costs that are the iespanslbiHty of tbe Owna as provided in Article 4,
<br />§ 52 RESPONSIBWTY FOR t:ONSTRUCTION COST
<br />§ 52.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cast and detailed
<br />estimates of Construction Cost, if any, prepared by the Architect, roprosrsrt tht Architect's judgment as a design
<br />professional familiar wiW the consh action industry. Itis racognizai, However, that naithar tt~ ArchltECt nor the
<br />Owner has control over the r:ost of labor, tnatcriala or txlaipmant, over the Contractor's methods of determining bid
<br />prices, or over competitive bldditrg, market ~ negotiating eanditions. Accordingly, the Architect cannot and does not
<br />waiYank or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate
<br />of Constmction Cost ar evalua6oa prepared or agreed to by the Architect.
<br />§ 5.2.2 No fixed limit of Co7rstractian Coat shall be established ae a oondidon of this Agreemcrtt by the furnishing,
<br />proposal or establishttteat of a Pcajectbudget, unless arch fixed limit has bean agreed upon is writing and azgned by
<br />lira parties htzceto, If such a flxad limit has been established, the Archiseet shall be permitted to incintic contingencies
<br />for design, bidding and price escalation, to detartttine what nuuErials, equipment, component systems end types of
<br />construction are to be included fn the Contract Documents, Do malre reasonable adjustments in the scope of the Project
<br />and do include in the Contract Documents aiternata bids as may be necessary to adjust the Construction Cast to iho
<br />fixed innit Fried limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after
<br />execution of the Contract far Conafrucdon.
<br />§ 5.2.3 If the Bidding as Negotiation Phase has not commenced within 90 days after the Architect submits the
<br />Construction Documens to the Owner, any Project budget to fixed Writ of Constroction Cost shall be adjusted to
<br />reflect changes lathe general level of prices io the construction industry.
<br />§ 6.2.4 If a fined limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the Lowest bona fide
<br />bid or negotiated proposal, the Owner shalt:
<br />.1 give written approval of an increase in such fixed limit;
<br />,Z authorize rebidding or rttregotiathrg of the Project within a reasonable time;
<br />.3 terminate in accordance with Section 8.5; or
<br />.4 cooparata in revising the Project scope and quality as required to reduce the Construction Cost:
<br />§ 5.2.51f the Owner chooses to proceed under Section 5.2,4.4, the Architect, witiront additional compensation, shall
<br />modify the documents for which the Ardritext is rrsponsibla under this Agreement as necessary to comply with tiro
<br />fixed limit, if established as a condition of this Agreement" The nadi@catian of each documents without cost to the
<br />Owner shaIl be the limit of the Arciddect's responsibility ttndra this Section 5,2,5. The Architect shaIl be endtiad m
<br />compensation in accordance with this Agreement for aIl services performed whether or not the Conshuction Phase is
<br />commenced.
<br />AtA DowaaerN 8781 n -1997. Copyright Q 1974,1978, i9a7 acrd iTi97 by The Amedoen InelTWte of Architeck. All -t9hts reserved. WARNMG: ^Ihis AIA°
<br />~~_ Dooumenils protected by U.S. Copyright few and Intornetlolte[ 7reMtes. Urfaathorked reproduclTon ar dlatrliwdon of tins AIA° Document, or erry 8
<br />portion of TI, may reauU Tn severe olvil and crlmR~al penalUea, and will be prosecuted to Iha maximum extent posalbb under the law. This document was
<br />~ rxoduoed by AIA eniteara a112:i8:11 on 08d1812DOa under Order Na.f 00u3567W_1 whlah exphes on &612009, and fs rot frr nrsala.
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