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Document BI41/CMa, Standard Form of Agreement Between
<br />Owner and Architect, Construction Manager-Adviser Edition,
<br />current as of the date of this Agreement. The Terms and Con-
<br />ditions of the Agreement Between the Owner and Architect
<br />shall be furnished to the Construction Manager and shall not
<br />be modified without written consent of the Construction
<br />Manager, which consent shall not be unreasonably withheld.
<br />The Construction Manager sha!l not be responsible for actions
<br />taken by the Architect.
<br />
<br />4.6 The Owner shall furnish structural, mechanical, chemical,
<br />air and water pollution tests, tests for hazardous materials, and
<br />other laboratory and environmental tests, inspections and
<br />reports required by law or the Contract Documents.
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<br />4.? The Owner shall furnish all legal, accounting and insur-
<br />ance counseling services as may be necessary at any time for
<br />the Project, including auditing services the Owner may re-
<br />uire to verify the Contractors' Applications for Payment or
<br />to ascertain how or for what purposes the Contractors have
<br />used the money paid by or on behalf of the Owner.
<br />
<br />4.8 The Owner shall furnish the Construction Manager with
<br />a sufficient quantity of Construction Documents.
<br />
<br />4.{} The services, information and reports required by Para-
<br />graphs 4.5 through 4.8 shall be furnished at the Owner's
<br />expense, and the Construction Manager shall be entitled to
<br />rely upon the accuracy and completeness thereof.
<br />
<br />4.10 Prompt written notice shall be given by the Owner to
<br />the Construction Manager and Architect if the Owner
<br />becomes aware of any fault or defect in the Project or non-
<br />conformance with the Contract Documents.
<br />
<br />4.11 The Owner reserves the right to perform construction
<br />and operations related to the Project with the Owner's own
<br />forces, and to award contracts in connection with the Proj-
<br />ect which are not part of the Construction Manager's respon-
<br />sibilities under this Agreement. The Construction Manager
<br />shall notify the Owner if any such independent action will
<br />interfere with the Construction Manager's ability to perform
<br />the Construction Manager's responsibilities under this Agree-
<br />ment. When performing construction or operations related
<br />to the Project, the Owner agrees to be subject to the same
<br />obligations and to have the same rights as the Contractors.
<br />
<br /> 4.12 Information or services under the Owner's control shall
<br /> be furnished by the Owner with reasonable promptness to
<br /> avoid delay in the orderly progress of the Construction Man-
<br /> ager's services and the progress of the Work.
<br />
<br /> ARTICLE 5
<br /> CONSTRUCTION COST
<br />5.1 DEFINITION
<br />
<br />5.1.1 The Construction Cost shall be the total cost or esti-
<br />mated cost to the Owner of all elements of the Project
<br />designed or specified by the Architect.
<br />
<br />5.1.2 The Construction Cost shall include the cost at current
<br />market rates of labor and materials furnished by the Owner
<br />and equipment designed, specified, selected or specially pro-
<br />vided for by the Architect, plus a reasonable allowance for
<br />the Contractors' overhead and profit. In addition, a reason-
<br />able allowance for contingencies shall be included for market
<br />conditions at the time of bidding and for changes in the Work
<br />during construction. Except as provided in Subparagraph
<br />
<br />5.1.3, Construction Cost shall also include the compensa-
<br />tion of the Construction Manager and Construction Man-
<br />ager's consultants.
<br />
<br />5.1.:3 Construction Cost does not include the compensa-
<br />tion of the Architect and Architect's consultants, costs of the
<br />land, rights-of-way, financing or other costs which are the
<br />responsibility of the Owner as provided in Article 4. If any
<br />portion of the Construction Manager's compensation is based
<br />upon a percentage of Construction Cost. then Construction
<br />Cost, for the purpose of determining such portion, shall not
<br />include the compensation of the Construction Manager or
<br />Construction Manager's consultants.
<br />
<br />5.2 RESPONSIBILITY FOR CONSTRUCTION COST
<br />
<br />5.2.1 Evaluations of the Owner's Project budget, prelimi-
<br />nary estimates of Construction Cost and detailed estimates
<br />of Construction Cost prepared by the Construction Manager
<br />represent the Construction Manager's best judgment as a per-
<br />son or entity familiar with the construction industry. It is
<br />recognized, however, that neither the Construction Manager
<br />nor the Owner has control over the cost of labor, materials
<br />or equipment, over Contractors' methods of determining bid
<br />prices, or over competitive bidding, market or negotiating
<br />conditions. Accordingly, the Construction Manager cannot and
<br />does not warrant or represent that bids or negotiated prices
<br />will not vary from the Project budget proposed, established
<br />or approved by the Owner, or from any cost estimate or
<br />evaluation prepared by the Construction Manager.
<br />
<br />5.2.2 No fixed limit of Construction Cost shall be established
<br />as a condition of this Agreement by the furnishing, proposal
<br />or establishment of a Project budget unless such fixed limit
<br />has been agreed upon in writing and signed by the parties
<br />hereto. If such a fixed limit has been established, the Con-
<br />struction Manager shall be permitted to include contin-
<br />gencies for design, bidding and price escalation, and shall con-
<br />sult with the Architect to determine what materials, equip-
<br />ment, component systems and types of construction are to
<br />be included in the Contract Documents, to suggest reasonable
<br />adjustments in the scope of the Project, and to suggest inclu-
<br />sion of alternate bids in the Construction Documents to adjust
<br />the Construction Cost to the fixed limit. Fixed limits, if any,
<br />shall be increased in the amount of any increase in the Con-
<br />tract Sums occurring after execution of the Contracts for
<br />Construction.
<br />
<br /> $.2.3 If the Bidding or Negotiation Phase has not commenced
<br /> within 90 days after submittal of the Construction Documents
<br /> to the Owner, any Project budget or fixed limit of Construc-
<br /> tion Cost shall be adjusted to reflect changes in the general
<br /> level of prices in the construction industry between the date
<br /> of submission of the Construction Documents to the Owner
<br /> and the date on which proposals are sought.
<br />
<br /> 5.2.4 If a fixed limit of Construction Cost (adjusted as pro-
<br /> vided in Subparagraph 5.2.3) is exceeded by the sum of the
<br /> lowest bona fide bids or negotiated proposals plus the Con-
<br /> struction Manager's estimate of other elements of Construc-
<br /> tion Cost for the Project, the Owner shall:
<br />
<br /> .1 give written approval of an increase in such fixed
<br /> limit;
<br /> .~} authorize rebidding or renegotiating of the Proj-
<br /> ect within a reasonable time:
<br /> .:3 if the Project is abandoned, terminate in accordance
<br /> with Paragraph 9.3; or
<br />
<br />AIA DOCUMENT BSOI/CMa ,, O',X'NER-CONb-TRUCT1ON MANAGER AGREEMENT o lt.~)2
<br />EDITION · AIA® · ©1992 · TIlE AMERICAN INSTITt'TE OF ARCHITECTS. 1~3~, NEW
<br />YORK AVENUE. NW, WASHINGTON, DC 20006-c, 292 '" WARNING: Unlicensed
<br />photocopying violates U.S. copyright laws and w~'ll subject the violator to legal pr~:,ecution.
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<br />B801/CMa-1992 6
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