AG 1996 03 07 - Laserfiche WebLink

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E JOHN KNAPP AIA ~002 02/2a/96 to:57 ~608 271 14t~ days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost er estimated cost to the Owner of ali elements of the Protect designed or specified by the Architect. 5.1.2 The Construction Cost shah include the cost at current market rates of labor and' materials furnished by the Owner and equipment designed, specified, selected or' specially provided for by the. Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable l allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed eatimatea of Consa'uction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction. industry· It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's-methods of determining bid prices, or over comoetitive bidding, market or negotiating conditions. Accordingly, the Architect ~annot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cos.t or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment 'of a Project budget, nnless such'fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall bo permitted to include contingencies for design, bidding and price escalation, to determine who{ materials, equipment, component systems and types ~'f construction arc to be included in the Co.ntract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Dooamen~s. alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after'execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to lhe Owner, any Project budget or fixed limit- of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3)is exceeded by the lowest bone fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rehidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required m reduce the Construction Cost.