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<br />ARTICLE 6 COST OF THE WORK
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<br />§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements
<br />of the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead
<br />and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or
<br />otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs
<br />of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the
<br />responsibility of the Owner.
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<br />§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout
<br />the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner’s budget for the Cost of the Work,
<br />and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the
<br />Architect, represent the Architect’s judgment as a design professional. It is recognized, however, that neither the
<br />Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor’s methods of
<br />determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot
<br />and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of
<br />the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect.
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<br />§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design,
<br />bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction
<br />are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the
<br />Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the
<br />Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar
<br />conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall
<br />provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1, as a Supplemental Service.
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<br />§ 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the
<br />Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work shall be
<br />adjusted to reflect changes in the general level of prices in the applicable construction market.
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<br />§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the
<br />Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or
<br />budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
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<br />§ 6.6 If the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services
<br />is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
<br />.1 give written approval of an increase in the budget for the Cost of the Work;
<br />.2 authorize rebidding or renegotiating of the Project within a reasonable time;
<br />.3 terminate in accordance with Section 9.5;
<br />.4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the
<br />Cost of the Work; or,
<br />.5 implement any other mutually acceptable alternative.
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<br />§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as
<br />necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction
<br />Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to
<br />modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner’s
<br />budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner
<br />shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the
<br />Architect’s services for modifying the Construction Documents shall be without additional compensation. In any
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