Agenda - Council - 03/08/2005 - Laserfiche WebLink

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ARTICLE 5 CONSTRUCTION COST § 5.1 DEFINITION : § 5.1,1 The Construction Cost shall beths total cdstior estimated cost to the Owner of all elements of the Project designed or specified by the Architect; § 5.1.2 The Construction Cost shall 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 ContraCtors' overhead and:Pr6fi, t. in!addition, a reasonable allowance for contingencies shall be included for market conditions at their!mc of hidding and for changes in the Work during construction. Construction Cost shall also include the compensation of the Canstrudtion Manager and Construction Manager's consultants. § 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 cosui which are the responsibility of the Owner as provided in Sections 4.1 through 4.4 and 4.6 through 4,14: - · § 5.2 RESPONSIBILITY FOR CONSTRUCTION Cost . § 5.2.1 The Architect's review of thc Owner's project budget and of'preliminary estimates of Construction Cost or detailed estimates of Construction COSt prepared bylthe Construction Manager is solely for the Architect's guidance in thc Architect's preparation of the C0nstrucdon Documents."Accordingly~ the. Architect cannot and does not warrant the accuracy of the estimatesi'df the Consffucti0nlManager, or warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or frOm any estimate of Construction Cost or evaluation reviewed by the Architect. ~ § 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement. § 5,2.3 In the event that the Construction Manager!s estimate or the lowest bona fide bid or negotiated proposal received by the Owner exceeds the OWner's budge, t foe reasons other than those described in Section 3.3, the modification of Contract Documents shall be the limit 0flthe Architect's responsibility. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, spECIFiCATIONS AND OTHER DOCUMENTS § 6.1 The Drawings, Specifications and other do¢~nts prepared,by the Architect for this Project are instruments of the Architect's service for use solelYWith resPect ~o this Project and, unless otherwise provided, the Architect shall be deemed the author of these documeflts and ~hall retain ail common law, statutory and other reserved rights, including the copyright. The Owner slmll be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documentS:for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudg~ to,be.in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. : § 8.2 Submission or distribution of documents t° meet official regulatory requirements or for similar purposes in connection with the Project is not to ~ cOnstrued aspublicalion in derogation of the Architect's reserved rights. /~%T-ICLE 7 ARB!TP. AT!ON ARTICLE 7 MEDIATION § 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and dee':tied decided, if possible, by arb~traden mediation in accordance with the Construction Indus, try, ~o~:ra!ion Mediation Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. § 7.2 Demand for a~bitraden mediafioO shalt be filedin writing with the other party to this Agreement and with the American Arbitration Association. A demand for ~sb3a-at:,en mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, Inino event shall the demand for arbitration be made after AIA Document B141/CMaTM - 1992. Copyright ~@ 1992 byThe Americanlqstitute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyrighl Law and Internatl~ltsl Treatles.'UhabthoriFe~l reproduction or distribution of this AIA® Document or any oortion of it ~.aAY ~.e~ou]t~anr:e~elr~ ~'lVlllsa~nd ~1~31,~2~, P5e~nadltle~3 end ~[11 be:p~o¥~c~ t~:l!to the maximum extent possible under the law. This <~ocum~n~was produ(~ed y : : / O0 u er O. rder No. 10001~83i2_1rwflich expires on 7/15/2005, and is not for resale· User Notes: ' : (3604103679)