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or tb ascertain how or for what purposes the Contractors
<br />have used the monies paid by or on behalf of the Owner.
<br />2.7 The Owner shall furnish the Construction Manager a
<br />sufficient quantity of construction documents.
<br />2.8 The services, iniormation and reports required by
<br />Paragraphs 2.1 through 2.7, inclusive, shall be furnished at
<br />the Owner's expense, and the Construction Manager shall
<br />be entitled to rely upon their accuracy and completeness.
<br />2.9 If the Owner observes or otherwise becomes aware
<br />of any fault or derect in 'the Project, or nonconformance
<br />with the Contract Documents, prompt written notice
<br />thereof shall be given by the Owner to the Construction
<br />Manager and the Architect.
<br />2.10 The Owner reserves [he right to perform work re-
<br />lated to the Project with the Owner's own forces, and to
<br />award contracts in connection with the Project which are
<br />not part of the Construction Manager's responsibilities un-
<br />der this Agreement. The Construction Manager shall notity
<br />the Owner if any such. independent action will in any way
<br />compromise the Construction Manager's ability to meet
<br />the Construction Manager's responsibilities under this
<br />Agreement.
<br />2.11 The Owner shall furnish the required information
<br />and services and shall render approvals and decisions as
<br />expeditiously as necessary for the orderly progress of the
<br />Construction Manager's services and the Work of the Con-
<br />tractors.
<br />ARTICLE 3
<br />CONSTRUCTION COST
<br />3.1 Construction Cost shall be the total of the final Con-
<br />tract Sums of all of the separate Contracts, actual Reim-
<br />bursable Costs relating to the Construction Phase as de-
<br />fined in Article 6, and the Construction Manager's com-
<br />pensation.
<br />3.2 Construction Cost does not include the compensa-
<br />tion of the Architect and the Architect's consultants, the
<br />cost or the land, rights-or-way or other costs which are
<br />the responsibility of the Owner as provided in Paragraphs
<br />2.3 through 2.7, inclusive.
<br />3.3 Evaluations of the Owner's Project budget and cost
<br />estimates prepared by the Construction Manager represent
<br />the Construction Manager's best judgment as a profes-
<br />sional familiar tivith the construction industry. It is recog-
<br />nized, however, that neither the Construction Manager
<br />nor the Owner has control over the cost of labor, mate-
<br />rials or equipment, over Contractors' methods of de-
<br />termining Bid prices or other competitive bidding or ne-
<br />gotiating conditions. Accordingly, the Construction Man-
<br />ager cannot and does not warrant or represent that Bids
<br />or negotiated prices will not vary from the Project budget
<br />proposed, established or approved by the Owner, or from
<br />any cost estimate or evaluation prepared by the Construc-
<br />tion Manager.
<br />3.4 ialcifixed Lia.i.t oi (-Q,St,-tiQr, r,n« 1k„11 t
<br />t fixed limit ..?,????-?
<br />sil?, beestablished.?fhe Construction ??lanager shall include con-
<br />? tingencies for design, bidding and price escalation, and
<br />shall consult with the Architect to determine what mate-
<br />rials, equipment, component systems and types of con-
<br />struction are to be included in the Contract Documents,
<br />to suggest reasonable adjustments in the scope of the
<br />Project, and to sugoest alternate Bids in the Construction
<br />Documents to adjust [he Construction Cost to the fixed
<br />limit. Any such fixed limit shall be increased in the amount
<br />of any increase in the Contract Sums occurring after the
<br />execution of the Contracts for Construction.
<br />3.4.1 lf Bids are not received within the time scheduled
<br />at the time the fixed limit of Construction Cost was estab-
<br />lished, due to causes beyond the Construction Manager's
<br />control, any fixed limit of Construction Cost established
<br />as a condition of this Agreement shall be adjusted to re-
<br />tlect any change in the general level of prices in the con-
<br />struction industry occurring between the originally sched-
<br />uled date and the date on which Bids are received.
<br />3.4.2 If a fixed limit of Construction Cost (adjusted as
<br />provided in Subparagraph 3.4.1) is exceeded by the sum
<br />of the lowest figures from bona fide Bids or negotiated
<br />proposals plus the Construction Manager's estimate ot
<br />other elements of Construction Cost for the Project, the
<br />Owner shall (1) give wri[ten approval of an increase in
<br />such fixed limit, (2) authorize rebiddinj or renegotiation
<br />of [he Project or portions of the Project within a reason-
<br />able time, (3) if the Project is abandoned, terminate in
<br />accordance with Paragraph 10.2, or (4) cooperate in revis-
<br />ing the scope and quality of the Work as required to re-
<br />duce the Construction Cost. In the case of item (4), the
<br />Construction Manager, without additional compensation,
<br />shali cooperate with the Architect as necessary to bring
<br />the Construction Cost within the fixed limit.
<br />ARTICLE 4
<br />CONST ION SUPPORT ACTIVITIES
<br />4.1 Construction suppor ivities, if provided by the
<br />Construction Manager, shall be verned by separate
<br />contractual arrangements unless othen ' rovided in
<br />Article 16. `
<br />ARTICLE 5 ?
<br />IRECT PERSONNEL EXPENSE
<br />5.1 Direct Pers el Expense is derined as the direct sal-
<br />aries of all of the truction Manager's personnel en-
<br />gaged on the Project, exc ing those whose compensa-
<br />tion is included in the fee, ana e portion of the cost of
<br />their mandatory and customary con ' tions and benerits
<br />related thereto such as employment taxes d other statu-
<br />tory employee benefits, insurance, sick leav , olidays,
<br />vacations, pensions, and similar contributions an ne-
<br />fits.
<br />ARTICLE 6
<br />REIMBURSABLE COSTS
<br />6.1 The term Reimbursable Costs shall mean costs neces-
<br />sarily incurred in the proper performance of sen-ices and
<br />paid by the Construction Nlanager. Such costs shall be at
<br />rates not higher than the standard paid in the localitv of
<br />the Project, except with prior consent of the Owner. Re-
<br />imbursable Costs and costs not to be reimbursed shall be
<br />listed in Artide 16. *
<br />AIA DOCUMENT 6801 • OWVER-COVSTRUCTION MANAGER .4GREENtE\T • JI;NE 1980 EDITIOV - .i1.;3
<br />5 680? - 1480 71980 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1:35 NE1V YORK AVE., V.\\'., \\':\SHIxGTON, D.C. 2GCC6
<br />*Reimbursable costs include the Field
<br />* and Su eri t ndant t a we kl ra e as
<br />inaica?ed in Bugget and a&ree upon
<br />by the parties
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