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MAR -03 -2 oe3 13:47 RAW I K ROSZAK MALONEY
<br />responsibility of the Owner as provided in Article 4, If any
<br />port..ion of the Construction Manager's compensation is based
<br />upon a percentage of Construction Cost, there Construction
<br />Cost, for the purpose of deterra'Ming such portion, shall not
<br />'AVlude the compensation of the Construction Manager or
<br />instruction Manager's consultants.
<br />5.2 RF S PO N51 B I L ITY FOR CONSTRUCTION COST
<br />5.2,1 Evaluations of the Owner's Project budget,
<br />preliminary estimates of Construction Cost and detailed
<br />estimates of Construction Cost prepared by the Construction
<br />Manager represent the Corutruction Manager's best judgment
<br />as a person or entity famiha,r with the construction industry. It
<br />is recognized, however, that neither the Construction Manager
<br />nor the Owner has control over the cast of labor,, materials or
<br />equipment, orrer Contractors' methods of determining bid
<br />prices. or over competitive bidding, i narket or negotiating
<br />Conditions. Accordingly, the Construction Manager cannot and
<br />does not warrant or represent that bids or negotiated prices will
<br />not vary From the Project budget proposed, established or
<br />app roved by the Owner, or from any cost estitnate or
<br />evaluation prepared by the Construct-ton Manager,
<br />5.2.2 No famed limit of Construction Cost shall be
<br />established as a condition of this Agreement by the furnishing,
<br />proposal or establishment of a project budget unless such fixed
<br />unlit has been agreed upon in writing and signed by the parties
<br />hereto. If such a f iced limit has been established, the
<br />Construction Manager shall be permitted to include
<br />contingencies fox design, bidding and price escalation, and fall
<br />consult with the Architect to determine what materials,
<br />equipment, component systems and types of construction are
<br />to be included in the Contract Documents, to suggest
<br />rftasonable adjustments in the scope of the Project, and to
<br />ggest inclusion of a ltexriate hick in the Construction
<br />Documents to adjust the Comtruc Lion Cost to the fixed unfit.
<br />Fixed limits, if any, shall be increased in the amount of any
<br />increase in the Contract Sums occurring after execution of the
<br />Contracts for Construction.
<br />5,23 if the Bidding or Negotiation Phase has not
<br />commenced within �o days after subm'tlal of the Construction
<br />Documents to the Owner, any Project budget or Fixed limit of
<br />Constru CLion Cost shall be adjusted to reflect changes in the
<br />general level of prices in the construction industry between the
<br />date of submission of the Cotistruction Documents to the
<br />ner and the date on which proposals are sought.
<br />5.2.4 If a fixed limit of Construction Cost (adjusted as
<br />provided in Subparagraph 5.2-.3) is exceeded by the start of the
<br />lowest bona fide bids or negotiated proposals plus the
<br />Construction Manager's estimate of other elements of
<br />Cons Lruc t ion Cost for the project, the Owner shall:
<br />.1 give written approval of an increase in st,ch fixed
<br />limit;
<br />.2 authorize rebidding or renegotiating of the Project
<br />within a reasonable tine;
<br />.3 if the Project is abandoned, terminate in accordance
<br />with Paragraph 9.3; or
<br />6123390038 P.11
<br />A cooperate in revising the Project scope and quality as
<br />required to reduce the Construction Cost.
<br />5.2.5 If the 0 wrier chooses to proceed under Clause 5.2.4.4}
<br />the Construction Matmager, without additional charge, shall
<br />cooperate with the Owner and Architect as necessW to brim
<br />the Construction Cost within the Fixed Brit it} if established as a
<br />condition of this Agreement.
<br />ARTICLE h
<br />CONSTRUCTION SUPPORT ACTIVITIES
<br />6.1 Construction support activities if provided by the
<br />ondruction Manager, shaD be governed by separate
<br />contractual agreements unless otherwise provided in Article L46
<br />612 Rcimburiable expenses listed in article 14 for
<br />construction support actirritles may be sub ct to trade
<br />discounts, rebates, refunds and arnounts receive from sales of
<br />surplus materials and equipment which shall accrue to the
<br />Owner, and the Construction Manager shall rnake provisions
<br />so that they can be secured.
<br />ARTICLE 7
<br />OWNERSHIP AND USE OF
<br />ARCHITECT'S DRAWINGS, SPECIFICATION5
<br />AND OTHER DOCUMENTS
<br />73 The Drawings, Specifications and other docurnent.s
<br />prepared by the }architect are instruments of the Architect's
<br />service through which the Work to be executed by the
<br />Contractors is described. The Construction Mana er may retain
<br />one record set. The Construction Manager shal not own or
<br />claim a copyright in the Drawings, Specifications and other
<br />docunie nts prepared by the Architect, and unless otherwise
<br />indicated the Architect shall be deemed the author of there and
<br />will retain all camrnon law statutorlr and other reserved rights,
<br />iii addition to the copyright. All copies of them, except the
<br />ConsLmcdon Manger's record set, shall be returned or suitably
<br />accounted for to the Architect, on request. upon completion of
<br />the Project. The Drawings, Specifications and other documents
<br />prepared by the Architect, and copies thereof burnished to the
<br />Construction Manager, are for use solely with respect to U'S
<br />Project. They are- not to he used by the Construction Manager
<br />on other projects or For additions to this ]Fro ]-ect outside the
<br />scope- of the Work without the specific written consent of the
<br />Owner and Architect. The Construction Manager is granted a
<br />tirnited license to use and reproduce applicable portions of the
<br />Drawings, Specifications and other documents prepared by the
<br />Architect appropriate to and for use in the performance of the
<br />Construction Manager's ,services under this Agreement.
<br />All copies made under this license shall bear the statutory
<br />copyright notice, if any. shown on the Drawings. Specifications
<br />and other documents prepared by the Architect. Submittal or
<br />distribution to meet official regulatory requirements or for
<br />other purposes in connection with this project is not to be
<br />construed as publication in derogation of the Architect's
<br />copyright or other reserved rights_
<br />ARTICLE 8
<br />§97- T14E I , K . . AIA D ME T8 1Ma
<br />OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION i A IAO - WARNING: Unl ice rased photocopying violates U.S. copyright laws and
<br />A subject the violator to le8al prosecution. This decurnenf was electronically produced with permisstan of the AIA and can be reproduced In
<br />a ccordann2 with your license wir hour idol anon until the date of expiration as noted below. expiration as noted below. User Doc urne nt: 4002(l)-
<br />45(b 801) .a is -- V30/2003. A IA License Number 1001 ,863, which expires on 2/W2-003.
<br />Electronic Form ar 1RS0V0 M a -1992
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