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allowance for the Contractors' overhead and profit. In
<br /> addition, a reasonable allowance for contingencies shall be 5.2.3 If the Bidding or Negotiation Phase has not
<br /> included for market conditions at the time of bidding and for commenced within 90 days after submittal of the
<br /> � changes in the Work during construction.Except as provided Construction Documents to the Owner, any Project budget or
<br /> , in Subparagraph 5,1.3, Construction Cost shall also include fixed limit of Construction Cost shall be adjusted to reflect
<br /> the compensation of the Construction Manager and changes in the general level of prices in the construction
<br /> ' Construction Manager's consultants. industry between the date of submission of the Construction
<br /> , Documents to the Owner and the date on which proposals
<br /> 5.1.3 Construction Cost does not include the are sought.
<br /> compensation of the Architect and Architect's consultants,
<br /> costs of the land, rights-of-way, financing or other costs 5.2.4 If a fixed limit of Constcvction Cost (adjusted as
<br /> which are the responsibility of the Owner as provided in provided in Subparagraph 5.2.3) is exCeeded by the sum of
<br /> Article 4. If any portion of the Construction Manager's the lowest bona fide bids or negotiated proposals plus the
<br /> compensation is based upon a percentage of Construction Construction Manager's estimate of other elements of
<br /> Cost, then Construction Cost, for the purpose of determining Construction Cost for the Project,the Owner shall:
<br /> such portion, shall not include the compensation of the
<br /> Construction Manager or Construction Manager's -1 give written approval of an increase in such fixed
<br /> consultants. limit;
<br /> 5.2 RESPONSIBILITY FOR CONSTRUCTION •2 authorize rebidding or renegotiating of the Project
<br /> COST within a reasonable time;
<br /> 5.2.1 Evaluations of the Owner`s Project budgei, .3 if the Pro�eci;s abanua:��d,ter�i:�ate in acc:..u�.:.:.�
<br /> preiiminary estimates of Construction Cost and detailed with Paragraph 93;or
<br /> estimates of Construction Cost prepared by the Construction
<br /> Ma,n2aPr r�rr�cPnt th� C'nnct�llC�1C�I! Manager's best .4 cooperate in revising the Project scope and quality
<br /> judgment as a person or entity familiar with the construction as required to reduce the Construction Cost.
<br /> r
<br /> industry. It is recognized, however, that neither the
<br /> Construction Manager nor the Owner has control over the 5.2.5 If the Owner chooses to proceed under Clause
<br /> , cost of labor, materials or equipment, over Contractors' S.2.4.4, the Construction Manager, without additional
<br /> methods of determining bid prices, or over competitive charge, shall cooperate with the Owner and Architect as
<br /> bidding, mazket or negotiating conditions. Accordingly, the necessary to bring the Construction Cost within the fixed
<br /> Construction Manager cannot and does not warrant or limit,if established as a condition of this Agreement.
<br /> represent that bids or negotiated prices will not vary from the
<br /> Project budget proposed, established or approved by the
<br /> �._._ � �:_ ,..,..:.._ .._......_,.a �... ORTII:�E�
<br /> `v'V'ViicT, Oi uvui �u'ly C'v�� ca�uu3�i8 'vP c'raivau�ai F,.cya�w �y
<br /> the Construction Managec. CONSTRUCTION SUPPORT ACTIVITIES
<br /> 5.2.2 No �ced limit of Construction Cost shall be 6.1 Construction support activities, if provided by the
<br /> established as a wndition of this Agreement by the Construction Manager, sha11 be governed by separate
<br /> furnishing, proposal or establishment of a Project budget contractual agreements unless otherwise provided in Article
<br /> unless such fixed limit has been agreed upon in writing and 14.
<br /> signed by the parties hereto. If such a fixed timit has been
<br /> established, the Construction Manager shall be permitted to 6.2 Reimbursable expens�s listed in Article 14 for
<br /> include contingencies for design, bidding and price construction support activities may be subject to trade
<br /> escalation, and shall consult with the Architect to determine discounts, rebates, refunds and amounts received from sales
<br /> what materials, equipment, component systems and types of of surplus materials and equipment which shall accrue to the
<br /> construction are to be included in the Contract Documents, ��'� and the Construction Manager shall make provisions
<br /> to suggest reasonable adjustments in the scope of the Project, �that they can be secured.
<br /> and to suggest inclusion of alternate bids in the Construction
<br /> Documents to adjust the Construction Cost to the fixed limit.
<br /> Fixed limits, if any, shall be increased in the amount of any ARTiCLE 7
<br /> • increase in the Contract Sums occurring after execution of OWNERSHIP AND USE OF
<br /> the Contracts for Construction. ARCHITECT'S DRAWINGS, SPECIFICATIONS
<br /> ' � AIA DOCUMENT B801/CMa - OWN�R-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA - COPYRIGHT 1992 - THE AMERICAN
<br /> INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.,20006-5292.Unlicensed photocopying violates U.S.copyright laws and is
<br /> subject to legai prosecurion.This document was electronically produced with permission of the AIA and can be reproduced without violation unril the date of expirarion as
<br /> noted below.
<br /> Electronic Format B801/CMa-1992
<br /> User pocument: B801 --4/9/2001. AIA License Number 120057, which expires on 10/31/2001 —Page#8
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