C141 - Agreement Between Architect and Consultant

§ 3.1.9 Except with the Architect's knowledge and consent, the Consultant shall not engage in any activity, or acceptany employment, interest or contribution that would reasonably appear to compromise the Consultant's professionaljudgment with respect to this Project.§ 3.1.10 The Consultant's services shall be performed as expeditiously as is consistent with professional skill andcare and the orderly progress of the Project. The Consultant shall submit for the Architect's approval a schedule forthe performance of the Consultant's services which may be adjusted as the Project proceeds. This schedule shallinclude allowances for periods of time required for the Owner and Architect's review and for approval ofsubmissions by authorities having jurisdiction over the Project. Time limits established by this schedule andapproved by the Architect shall not, except for reasonable cause, be exceeded by the Consultant or Architect. TheConsultant shall not be responsible for delays beyond the Consultant's control.§ 3.2 EVALUATION OF BUDGET AND COST OF WORK§ 3.2.1 When the Project requirements have been sufficiently identified, the Consultant shall prepare and submit tothe Architect a preliminary estimate of Cost of the Work for This Part of the Project. This estimate may be based oncurrent area, volume or similar conceptual estimating techniques, as directed by the Architect. As the design processprogresses through the end of the preparation of the Construction Documents, the Consultant shall update and refinethe preliminary estimate of the Cost of the Work. The Consultant shall advise the Architect of any adjustments toprevious estimates of the Cost of the Work indicated by changes in Project requirements or general marketconditions. If at any time the Consultant's estimate of the Cost of the Work for this Part of the Project would causethe Owner's budget to be exceeded, the Consultant shall make appropriate recommendations to the Architect toadjust the Project's size, quality or budget.§ 3.2.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work andupdated estimates of the Cost of the Work prepared by the Consultant for This Part of the Project represent theConsultant's judgment as a design professional familiar with the construction industry. It is recognized, however,that neither the Consultant nor Architect has control over the cost of labor, materials or equipment, over theContractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions.Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices for This Part ofthe Project will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work orevaluation prepared or agreed to by the Consultant.§ 3.2.3 In preparing estimates for the Cost of the Work for This Part of the Project, the Consultant, after conferringwith the Architect, shall be permitted to include contingencies for design, bidding and price escalation; to determinewhat materials, equipment, component systems and types of construction are to be included in the ContractDocuments with respect to This Part of the Project; to make reasonable adjustments in the scope of This Part of theProject; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost ofthe Work to meet the Owner's budget for the Cost of the Work for This Part of the Project. If an increase in theContract Sum occurring after the execution of the Contract between the Owner and Contractor causes the budget forthe Cost of the Work to be exceeded, that budget shall be increased accordingly.§ 3.2.4 If bidding or negotiation for This Part of the Project has not commenced within 90 days after the Architectsubmits the Construction Documents to the Owner, the budget for the Cost of the Work for This Part of the Projectshall be adjusted to reflect changes in the general level of prices in the construction industry.§ 3.2.5 If the budget for the Cost of the Work for This Part of the Project is exceeded by the lowest bona fide bid ornegotiated proposal, the Architect shall:.1 give written approval of an increase in the budget;.2 authorize rebidding or renegotiating of the Project within a reasonable time;.3 terminate in accordance with Section 10.6; or.4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work.If the Architect chooses to proceed under Section 3.2.5.4, the Consultant, without additional compensation, shallmodify the documents for which the Consultant is responsible, so that the Consultant may bear a reasonable portionof the burden of reducing the Cost of the Work for This Part of the Project as necessary to comply with the budgetfor the Cost of the Work. The modification of such documents without cost to the Architect shall be the limit of theAIA Document C141 – 1997. Copyright © 1963, 1967, 1970, 1974, 1979, 1987 and 1997 by The American Institute of Architects. All rightsreserved. WARNING: This AIA ® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ordistribution of this AIA ® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted tothe maximum extent possible under the law. This draft was produced by AIA software at 00:13:20 on 05/23/2004 under Order No.1000079549_1which expires on 11/8/2004, and is not for resale.User Notes: (299331545)4