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<br />-, <br /> <br />forth in the Contract Documents shall not be restricted, modified or extended without <br />written consent of the Owner, Construction Manager, Architect and Contractor. Consent <br />shall not be unreasonably withheld. <br /> <br />IV. CONSTRUCTION COST <br /> <br />A. The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the <br />Project designed or specified by the Architect. <br /> <br />B. Evaluations of the Owner's Project budget, preliminary estimates of Construetion Cost and detailed <br />estimates of Construction Cost prepared by the Construction Manager represent the Construction <br />Manager's best judgement as a person or entity familiar with the construction industry. It is <br />recognized, however, that neither the Construction Manager nor the Owner has control over the cost <br />of labor, materials or equipment, over Contractor's methods of determining bid prices, or over <br />competitive bidding, market or negotiation conditions. Accordingly, the Construction Manager <br />cannot and docs not warrant or represent that bids or negotiated prices will not vary from the Project <br />budget proposed, established or approved by the Owner, or from any cost estimate or evaluation <br />prepared by the Construction Manager. <br /> <br />C. The Construction Manager shall be pennitted to include contingencies for design, bidding and price <br />escalation, and shall consult with the Architect to determine what materials, equipment, component <br />systems and types of construction are to be included in the Contract Documents, to suggest <br />reasonable adjustments in the scope of the Project. and to suggest inclusion of alternate bids in the <br />Construction Documents to adjust the Construction Cost to the fixed limit. <br /> <br />D. If the fixed limit of Construction Cost is exceeded by the sum of the lowest boua fide bids or <br />negotiated proposals plus the Construction Manager's estimate of the other elements of Construction <br />Cost for the Project, the Owner shall: <br /> <br />1. Give written approval of an increase in such fixed limit; <br /> <br />2. Reject all bids, or all bids for a specific element or phase of the project, and authorize <br />rebidding or renegotiating of the Project within a reasonable time: <br /> <br />3. Reduce the scope of work to be performed undcr the Project: or <br /> <br />4. Abandon or terminate the project in accordance with this Agreement. <br /> <br />E. If the Project is abandoned or terminated, and later reactivated, the Owner shall cooperate in revising <br />the Project scope and quality as required to reduce the Construction Cost. If the Owner chooses to <br />proceed, the Construction Manager, without additional charge, shall cooperate with the Owner and <br />Architect as necessary to bring the Construction Cost within the fixed limit. <br /> <br />V. OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER <br />DOCUMENTS <br /> <br />A. The Drawings, Specifications and other documents prepared by the Architect are instruments of the <br />Architect's service through which the Work to be executed by the Contractors is described. The <br />Construction Manager and Owner may retain one record set each. The Construction Manager shall <br />not own or claim a copyright in the Drawings, Specifications and other documents prepared by the <br />AIchitect, and unless otherwise indicated the Architect shall be deemed the author of them and will <br />retain all common law, statutory and other reserved rights. in addition to the copyright. All copies <br /> <br />Construction Manager Contract <br /> <br />Page 8 <br />