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M <br />2.8 The services, information, surveys and reports required <br />by Paragraph 2.4 through 2.7 inclusive shall be furnished at the <br />Owner's expense, and the Architect shall be entitled to rely upon <br />the accuracy and completeness thereof. <br />2.9 If the Owner observes or otherwise becomes aware of any <br />fault or defect in the Project or nonconformance with the Contract <br />Documents, prompt written notice thereof shall be given by the <br />Owner to the Architect. <br />2.10 The Owner shall furnish required information and <br />services and shall render approvals and decisions as <br />expeditiously as necessary for the orderly progress of the <br />Architect's services and of the Work. <br />Construction Costs. <br />3.1 Definition <br />3.1.1 The Construction Cost shall be the total cost or <br />estimated cost to the Owner of all elements of the Project <br />designed or specified by the Architect. <br />3.1.2 The Construction Cost shall include at current market <br />rates, including a reasonable allowance for overhead and profit, <br />the cost of labor and materials furnished by the Owner and any <br />equipment which has been designed, specified, selected or <br />specially provided for by the Architect. <br />3.1.3 Construction Cost does not include the compensation of <br />the Architect and the Architect's consultants, the cost of the <br />land, rights-of-way, or other costs which are the responsibility <br />of the Owner as provided in Article 2. <br />3.2 Responsibility for Construction Cost. <br />3.2.1 Evaluations of the Owner's Project budget, Statements <br />of Probable Construction Cost and Detailed Estimates of Con- <br />struction Cost, if any, prepared by the Architect, representing <br />the Architect's best judgment as a design professional familiar <br />with the construction industry. It is recognized, however, that <br />neither the Architect nor the Owner has control over the cost of <br />labor, materials or equipment, over the Contractor's methods of <br />determining bid prices, or over competitive bidding, market or <br />negotiating conditions. Accordingly, the Architect cannot and <br />does not warrant or represent that bids or negotiated prices <br />will not vary from the Project budget proposed, established, or <br />approved by the Owner, if any, or from any Statement of Probable <br />Construction Cost or other cost estimate or evaluation prepared by <br />the Architect. <br />3.2.2 No fixed limit of Construction Cost shall be established <br />as a condition of this Agreement by the furnishing, proposal or <br />establishment of a Project budget under Paragraph 2.2 or other- <br />wise, unless such fixed limit has been agreed upon in writing and <br />signed by the parties hereto. If such a fixed limit has been <br />established, the Architect shall be permitted to include contin- <br />gencies for design, bidding and price escalation, to determine <br />what materials, equipment, component systems and types of con- <br />struction are to be included in the Contract Documents, to make <br />reasonable adjustments in the scope of the Project and to include <br />in the Contract Documents alternate bids to adjust the Construction <br />Cost to the fixed limit. Any such fixed limit shall be increased <br />in the amount of any increase in the Contract Sum occurring after <br />execution of the Contract for Construction. <br />- 7 - <br />AUG 81979 Boa 1 pn-r 364 <br />