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SECTION 6-GENERAL CONSIDERATIONS 6.3.2.5. If the lowest bona fide proposal or bid excec:ds the established Construction Cost limit, OWNER s~all (1) live written approval to increase such cost limit, (2) 6.1. TumID.tlOD authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising' the Project This A¡rcement may be terminated by either party upon scope or quality. In the case of (3), ENGINEER shall. without additional charge, modify the Contract Doçu. seven days I written notice. menls as necessary to bring the Construction Cost within the cost limit. The providing of such service will be the Jimit of ENGINEER's responsibility in this regard and, 6.1. Reuse of Documents. having done so, ENGINEER shall be entitled to pay- ment for his services in ac:c:ordance with this Agreement. All documents including Drawings and Specifications fur- 6.4. Arbitration nished by ENGINEER pursuant to this Agreement are 6.4.1. AU claims. counter-c:laims, disputes and other instruments of his services in respect of the Project. They are not intended or represented to be suitable for reuse by maUen in question between the: parties hereto arising out OWNER or others on extensions of the Project or on any of or relating to this Agreement or the breach thereof wiD other project. Any reuse without specific written ycrifica- be decided by arbitration in accordance with the Construc- tion or adaptation by ENGINEER will be at OWNER's tion Industry Arbitration Rutes of the American Arbitra- sole risk and without liability or legal exposure to EN- tion Association then obtaining, subject to the limitations GINEER. and OWNER shall indemnify and hold harmless stated in paragraphs 6.4.3 and 6.4.4 below. This agreement ENGINEER from aU claims, damages, losses and expenses so to arbitrate and any other agreement or consent to including attorneys' fees arising out of or resulting there- årbitrate entered into in accordance therewith as provided from. Any such verification or adaptation will entitle below, will be specifically enforceable under the prevailing ENGINEER to further compensation at rates to be agreed law of any court having jurisdiction. upon by OWNER and ENGINEER. 6.4.2. Notice of demand for arbitration must be filed in 6.J. Estimates of Cost. writing with the other parties to this Agreement and with the American Arbitration Association. The demand must 6.3.1. Since ENGINEER has no control over the cost of be made within a reasonable time after the c1aim. dispute labor. materials or equipment, or over the Contractor(s)' or. other matter in question has arisen. In no event may methods of determining prices, or over competitive bidding the demand for arbitration be made after the time when or market conditi.ons, his opil1!ons of probable Project institution of legal or equitable proceedings based on such Cost or Construction Cost provided for herein are to be c1aim, dispute or other matter in question would be barred made on the basis of his experience and qualifications and by the applicable statute of limitations. represent his ISest judgment as a design professional familiar 6.4.3. All demands for arbitration and all answering state- with the construction industry. but ENGINEER cannot and docs not guarantee that proposals, bids or the Con- ments thereto which include any monetary claim must struction Cost will not vary from opinions of probable cost contain a statement that the total sum or value in contro- prepared by him. If prior to the Bidding or Negotiating versy as alleged by the party making such demand or an- Phase OWNER wishes greater assurance as to the Con- swering statement is not more than $200.000 (exclusive of struction Cost he shall employ an independent cost esti- interest and costs). The arbitraton will not have jurisdic- mator as provided in paragraph 3.8. tion, power or authority to consider. or make findings (except in denial of their own jurisdiction) concerning any 6.3.2. If a Construction Cost limit is established as a claim. counter-c:laim. dispute or other matter in question condition to this Agreement, the following will apply: where the amount in controveny thereof is more than $200.000 (exclusive of interest and costs) or to render a 6.3.2.1. The acceptance by OWNER at any time during monetary award in response thereto against any party the Basic Services of a revised opinion of probable which totals more than $200.000 (exclusive of interest and Project Cost in excess of the then established cost limit costs). will constitute a corresponding increase in the Construe. 6.4.4. No arbitration arising out of. or relating to, this tion Cost limit. Agreement may include. by consolidation, joinder or in 6.3.2.2. Any Construction Cost limit established by this any other manner, any additional party not a party to this Agreement will include a bidding contingency of ten Agreement. percent unless another amount is agreed upon in writing. 6.4.5. By written consent signed by all the parties to this 6.3.2.3. ENGINEER will be permitted to determine Agreement and containing a specific reference hereto. the limitations and restrictions contained in paragraphs 6.4.3 what materials. equipment, component systems and types and 6.4.4 may be waived in whole or in part as to any of construction are to be included in the Drawings and claim, counter-c:laim, dispute or other matter specifically Specifications and to make reasonable adjustments in described in such consent. No consent to arbitration in the scope of the Project to bring it within the cost limit. respect of a specifically described claim, counter-c)aim. 6.3.2.4. If the Bidding or Negotiating Phase has not dispute or other matter in question will constitute consent commenced within six months of the completion of the to arbitrate any other claim. counter-c:laim, dispute or other Final Design Phase. the established Construction Cost matter in question which is not specifically described in limit will not be effective or binding on ENGINEER, such COnsent or in which the sum or value in controversy exceeds $200,000 (exclusive of interest and costs) or which and OWNER shall consent to an adjustment in such cost is with any party not specifically desc:ribCd therein. limit commensurate with any applicable change in the general level or trices in the construction industry be- 6.4.6. The award rendered by the arbitrators will be final tweco the date 0 completion of the Final Design Phase not subject to appeal and judgment may be entered upo~ and the date on which proposals or bids are sought. it in any court having jurisdiction thereof. 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