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4.8 The Owner shah furnish all legal, accounting and insurance services that may be necessm7 at any time for the Project to meet
<br />the Owner's needs and interests. Such services sha_l.! include auditing services the Owner may require to verify the Contractor's
<br />Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the
<br />Owner.
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<br />4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner's
<br />expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof.
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<br />4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the
<br />Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service: provided, however, that a failure
<br />of the Owner to give ,uch notice shall not affect the duties and responsibilities of the Architect under this Agreement.
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<br />Insert M: 4.11 Notwithstanding anything in this Agreement to the contrary., the Owner shall be required to furnish the
<br />information or services described in the Article only to the extent that such information or services are both reasonably
<br />required and actually re(~uested by the Architect in order for the Architect to perform its services under this Agreement.
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<br />ARTICLE 5 CONSTRUCTION COST 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 the
<br /> Owner of all elements of the Project designed or specified by the Architect.
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<br />5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and
<br />equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or
<br />supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance
<br />for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the
<br />time of bidding and for changes in the Work.
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<br />5.1.3 Construction Cost docs not include the compensation of the Architect and thc Architect's consultants, the costs of the
<br />land, fights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4.
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<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 estimates of
<br />Construction Cost, if ~-=y, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the
<br />construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor,
<br />materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or
<br />negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not
<br />vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the
<br />Architect.
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<br />5.2.2 A "fixed limit" of Construction Cost is established as a condition of this Agreement with respect to the total
<br />Project cost. including for each of the five locations, the cost of the Building, Sitework, contingency, FF&E and fees.
<br />the total of whiCh shall not exceed $2.500.000. Therefore. the total budget for each of the five gymnasium locations is
<br />$500,000. A Summary of Costs is attached and incorporated herein as Exhibit A. Nc .r'_'~ed !L-:-. ;_t cf C_'2.-'_:_~_":.'_'e-_ Cest
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<br />Architect shall be permitted to Ln':!'.:~_: :cn.q_".g_~nc'.'_~= ....... r~. ,~o~.,_, ,.~,4.4~ ..... .... o ---'~ r~'~ ............... ...... ~'q"", ~''-- determine what materials,
<br />equipment, component systems and types of construction arc to be included in the Contract Documents, to make reasonable
<br />adjustments in the scope of thc Project and to include in the Contract Documents alternate bids as may be necessary to adjust the
<br />Construction Cost to the fixed limit, all in conjunction with the Owner and value engineering consultant. Fixed limits, if any,
<br />shall be increased in the amount of an increase in thc Contract Sum occurring after execution of the Contract for Construction.
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<br />5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction
<br />
<br />L~ .~.i2~. I.JU~,U.[YI.I=,INt U, i3 I~z~J:ti~lq,.P_.,V t/~l.J~lJ OWlNl~l~.-z~.t~.~,tl.l tl2,~ t 'q'k~'t~':,l:StVl. l:,lN t - t~'/ ~lJt I. tUl~t - ~.1.~ - L.,Ut' ¥ l~.t~'tlt t~'~i - l I-'ll~ ~,._R/I~I'q.I.~.z''~l D31;3tlt rOtt~
<br />OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
<br />will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the
<br />date of expiration as noted below, expiration as noted below. User Document: CPd15GYMNASIUMSB 151.AIA -- 2/5/2002. AIA License Number 1121653, which
<br />expires on 2/28/2002.
<br /> Electronic Format B151-1997
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