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§ 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the
<br />Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof.
<br />§ 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
<br />defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service.
<br />ARTICLE 5 CONSTRUCTION COST
<br />§ 5.1 DEFINITION
<br />§ 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to
<br />the Owner of all elements of the Project designed or specified by the Architect.
<br />§ 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the
<br />Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of
<br />management or supervision of construction or installation provided by a separate construction manager or contractor,
<br />plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall
<br />be included for market conditions at the time of bidding and for changes in the Work.
<br />§ 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs
<br />of the land, rights-of--way and financing or other costs that are the responsibility of the Owner as provided in Article 4.
<br />§ 5.2 RESPONSIBILITY FOR CONSTRUCTION COST
<br />§ 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed
<br />estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design
<br />professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the
<br />Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid
<br />prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not
<br />warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate
<br />of Construction Cost or evaluation prepared or agreed to by the Architect.
<br />§ 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing,
<br />proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by
<br />the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies
<br />for design, bidding and price escalation, to determine what materials, equipment, component systems and types of
<br />construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project
<br />and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the
<br />fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after
<br />execution of the Contract for Construction.
<br />§ 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the
<br />Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to
<br />reflect changes in the general level of prices in the construction industry.
<br />§ 5.2.4If a fixed 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 shall:
<br />.1 give written approval of an increase in such Fixed limit;
<br />.2 authorize rebidding or renegotiating of the Project within a reasonable time;
<br />.3 terminate in accordance with Section 8.5; or
<br />.4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost.
<br />§ 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall
<br />modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the
<br />fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the
<br />Owner shall be the limit of the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to
<br />compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is
<br />commenced.
<br />Init. AIA Document 8151 T~" -1997. Copyright ©1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA®
<br />Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 8
<br />portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was
<br />/ produced by AIA software at 15:21:07 on 11/20/2008 under Order No.1000356709_1 which expires on 6/6/2009, and is not for resale.
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