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<br />2.3 The Owner shall designate, when necessary, a rep- <br />resentative authorized to act in the Owner's behalf with <br />respect to the Project. The Owner or such authorized <br />representative shall examine the documents submitted by <br />the Architect and shall render decisions pertaining thereto <br />promplly, to avoid unreasonable delay in the progress of <br />the Architect's services. <br /> <br />2.4 The Owner shall furnish a legal description and a <br />certified land survey of the site, giving, as applicable, <br />grades and lines of slreels, alleys, pavemenlS and adjoin- <br />ing property; rights-ol-way, restrictions, easements, en. <br />croachments, zoning, deed restrictions, boundaries and <br />contours of the site; locations, dimensions and complete <br />data pertaining (0 existing buildings, other improvements <br />and trees; and full information concerning available serv. <br />. ice and utility lines both public and private, above and <br />below grade, including inverts and depths. <br /> <br />2.5 The Owner shall furnish the services of soil engi- <br />neers or other consultants when such services are deemed <br />necessary by the Architect. Such services shall include test <br />borings, test pits. soil bearing values, percolation tests, air <br />and water pollution tests, ground corrosion and resistivity <br />tests, including necessary operations for determining sub- <br />soil, air and water conditions, with reports and appropri- <br />ate professional recommendations. <br /> <br />2.6 The Owner shall furnish structural, mechanical, <br />chemical and olher laboratory tests, inspections and re- <br />ports as required by law or the Contract Documents. <br /> <br />2.7 The Owner shall furnish all legal, accounting and in- <br />surance counseling services as may be necessary at any <br />time for the Project, including such auditing services as <br />the Owner may require to verify the Contractor's Applica. <br />lions for Payment or to ascertain how or for what pur- <br />poses lhe Contractor uses the moneys paid by or on be- <br />half of the Owner. <br /> <br />2.8 The services, information, surveys and reports re. <br />qui red by Paragraphs 2.4 through 2.7 inclusive shall I)e <br />furnished at the Owner's expense, unless otherwise <br />provided for in this agreement. <br /> <br />2.9 If the Owner observes or otherwise becomes aware <br />of any fault or defect in the Project or nonconformance <br />with the Contract Documents, prompt written notice <br />thereof shall be given by the Owner to the Architect <br />2.10 The Owner shall furnish required informalion and <br />services and shall render approvals and decisions as ex- <br />peditiously as necessary for the orderly progress of the <br />Architect's services and of the Work. <br /> <br />ARTICLE 3 <br /> <br />CONSTRUcrlON COST <br />3.1 DEFINITION <br /> <br />3.1.1 The Construction Cost shall be the total cost or <br />estimated cost to the Owner of all elements of the Project <br />designed or specified by the Architect. <br />3.1.2 The Construction Cost shall include at current <br />market rates, including a reasonable allowance for over. <br />head and profit, the cost of labor and materials furnished <br />by the Owner and any equipment which has been de- <br /> <br />signed, specified, selected or specially provided for by <br />the Archilect. <br /> <br />3.1.3 Construction Cost does not include the campen. <br />sation of the Architect and the Architect's consultants, <br />the cost of the land, rights-of-way, or other costs which <br />are the responsibility of the Owner as provided in Arti- <br />cle 2. <br /> <br />3.2 RESPONSIBILITY FOR CONSTRUCTION COST <br /> <br />3.2.1 Evaluations of the Owner's Project budget, State- <br />ments of Probable Construction Cost and Detailed <br />Eslimates of Canstruction Cost, if any, prepared by the <br />Architect, represent the Architect's best judgment as a <br />design professional familiar with the construction indus. <br />try. It is recognized, however, that neither the Architect <br />nor the Owner has control over the cost of labor, mate- <br />rials or equipment, over the Contractor's methods of de- <br />termining bid prices, or over competitive bidding, market <br />or negotiating conditions. Accordingly, the Architect <br />cannot and does not warrant or represent that bids or <br />negotiated prices will not vary from the Project budget <br />proposed, eSlablishedor approved by lhe Owner, if any, <br />or from any Statement of Probable Construction Cost or <br />other cost estimate or evaluation prepared by the Archi- <br />tect. <br /> <br />3.2.2 No fixed limit of Construction Cost shall be estab- <br />. Ii shed as a condition of this Agreement by the furnishing, <br />proposal or establishment of a Project budget under Sub- <br />paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such <br />fixed limit has been agreed upan in writing and signed by <br />the parties hereto. If such a fixed limit has been estab- <br />lished, the Architect shall be permitted to include con. <br />tingencies for design, bidding and price escalation. to de- <br />termine what materials, equipment, component systems <br />and types of construction are to be included in the Con- <br />tract Documents, to make reasonable adjustments in the <br />scope of the Project and to include in the Contract Docu- <br />menls alternate bids to adjusl the Construction Cost to the <br />fixed limit Any such fixed limit shall be increased in the <br />amount of any increase in the Contract Sum occurring <br />after execution of the Contract for Construction. <br /> <br />3.2.3 If the Bidding or Negotiation Phase has not com- <br />menced within three months after the Architect submits <br />the Construction Documents to the Owner, any Project <br />budget or fixed limit of Construction Cost shall be ad- <br />justed 10 reflect any change in the general level of prices <br />in the construction industry between the date of submis. <br />sion of the Construction Documents to the Owner and <br />the dale on which proposals are sought. <br /> <br />3.2.4 If a Project budget or fixed limit of Construction <br />Cost (adju<ted as provided in Subparagraph 3.2.3) is ex- <br />ceeded by the lowest bona fide bid or negotiated pro- <br />posal, the Owner shall (1) give written approval of an <br />increase in such fixed limit, (2) authorize rebidding or re- <br />negotiating of the Proj~cl within a reasonable time, (3) if <br />the Project is abandoned, terminate in accordance with <br />Paragraph 10.2, or (4) cooperJte in revising the Project <br />scope and quality as required to reduce the Construction <br />Cost In the case of (4), provided a fixed limit of Construc- <br />tion Cost has been established as a condition of this Agree- <br />ment, the Architect, without additional charge, shall mod- <br />ify the Drawings and Specifications as necessary to comply <br /> <br />6 .141-1977 <br /> <br />AlA DOCUMENT '141 . OWNER-ARCHITECT ACRUM(NT . THIRTEENTH EDITION. JULY 1':7 . AIA_. C 1m <br />THE AMERICAN INSTITUTE OF ARCHITECTS, 17lS NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2QXl6 <br />