Common use of Bidding and Negotiations Phase Clause in Contracts

Bidding and Negotiations Phase. 5.6.1 Following DSA’s and District’s governing board’s written approval of Contract Documents for the project, and District’s governing board’s written approval of Architect's final estimate of Project Construction Cost and construction schedule, Architect shall continue to work with the District in finalizing the bid documents and bid package, as described in Section 5.5.2, above. . Architect shall also assist the District in obtaining bids, and shall assist the District in evaluating contract proposals or bids and substitutions proposed by contractors, and in awarding the bids. 5.6.2 Architect's estimate of Project Construction Cost at the time of DSA approval of the Contract Documents shall be current as of that date. Should bids be received more than ninety (90) days after the date of that Project Construction Cost, the Architect's total construction cost shall be escalated by the cost‐of‐construction in the then current mutually agreed upon recognized building cost index. 5.6.3 Should the lowest responsible and responsive bid received on a bid package exceed Architect’s most recent approved estimate of Project Construction Cost for that bid package (or amount adjusted according to the then current mutually agreed upon recognized building cost index) as accepted by District by more than ten percent (10%), Architect shall, on request by District and as part of Architect's Basic Services, make such changes in the plans and specifications as shall be necessary to bring new bids within ten percent (10%) of such Project Construction Cost. In making such changes, Architect will exercise Architect's best judgment in determining the balance between the size of the Project, the type of construction, and the quality of the construction to achieve a satisfactory project within ten percent (10%) of Architect's Project Construction Cost. To avoid the potential for bids to exceed the estimate by more than 10% at bid opening, the Architect may, as an alternative, include in the Contract Documents for a bid package one or more deductive alternatives so that Architect and District may evaluate different means to achieve a satisfactory project within ten percent (10%) of the Architect’s Project Construction Cost. 5.6.4 Either on its own or in cooperation with the District, the Architect shall review the qualifications of all bidders for the construction of the project, and shall make recommendations to the District as to whether, in the Architect's professional opinion, a bidder meets the minimum requirements. 5.6.5 If, in the District's discretion, the District will seek total or partial State funding for the project, the Architect shall, in addition to the above, publish the invitation to bid in the appropriate regional trade papers and publications devoted to Disabled Veteran Business Enterprises. The Architect shall also prepare and submit the appropriate documentation to the OPSC.

Bidding and Negotiations Phase. 5.6.1 Following DSA’s and District’s governing board’s written approval of Contract Documents for the project, and District’s governing board’s written approval of ArchitectEngineer's final estimate of Project Construction Cost and construction schedule, Architect Engineer shall continue to work with the District in finalizing the bid documents and bid package, as described in Section 5.5.2, above. . Architect Engineer shall also assist the District in obtaining bids, and shall assist the District in evaluating contract proposals or bids and substitutions proposed by contractors, and in awarding the bids. 5.6.2 ArchitectEngineer's estimate of Project Construction Cost at the time of DSA approval of the Contract Documents shall be current as of that date. Should bids be received more than ninety (90) days after the date of that Project Construction Cost, the ArchitectEngineer's total construction cost shall be escalated by the cost‐of‐construction in the then current mutually agreed upon recognized building cost index. 5.6.3 Should the lowest responsible and responsive bid received on a bid package exceed ArchitectEngineer’s most recent approved estimate of Project Construction Cost for that bid package (or amount adjusted according to the then current mutually agreed upon recognized building cost index) as accepted by District by more than ten percent (10%), Architect Engineer shall, on request by District and as part of ArchitectEngineer's Basic Services, make such changes in the plans and specifications as shall be necessary to bring new bids within ten percent (10%) of such Project Construction Cost. In making such changes, Architect Engineer will exercise ArchitectEngineer's best judgment in determining the balance between the size of the Project, the type of construction, and the quality of the construction to achieve a satisfactory project within ten percent (10%) of ArchitectEngineer's Project Construction Cost. To avoid the potential for bids to exceed the estimate by more than 10% at bid opening, the Architect Engineer may, as an alternative, include in the Contract Documents for a bid package one or more deductive alternatives so that Architect Engineer and District may evaluate different means to achieve a satisfactory project within ten percent (10%) of the ArchitectEngineer’s Project Construction Cost. 5.6.4 Either on its own or in cooperation with the District, the Architect Engineer shall review the qualifications of all bidders for the construction of the project, and shall make recommendations to the District as to whether, in the ArchitectEngineer's professional opinion, a bidder meets the minimum requirements. 5.6.5 If, in the District's discretion, the District will seek total or partial State funding for the project, the Architect shall, in addition to the above, publish the invitation to bid in the appropriate regional trade papers and publications devoted to Disabled Veteran Business Enterprises. The Architect shall also prepare and submit the appropriate documentation to the OPSCNOT USED.

Bidding and Negotiations Phase. 5.6.1 Following DSA’s and District’s governing board’s written approval of Contract Documents for the project, and District’s governing board’s written approval acceptance of Architect's final estimate of Project Construction Cost and construction schedule, Architect shall continue to work with the District in finalizing the bid documents and bid package, as described in Section 5.5.2, above. Architect shall reproduce the bid documents and bid package in the number requested by the District and distribute them among interested contractors. Architect shall also assist the District in obtaining bids, and shall assist the District in evaluating contract proposals or bids and substitutions proposed by contractors, and in awarding the bids. All sets of Contract Documents, which does not include those for the use of the Architect or its consultants, requested by the District in excess of shall be reproduced at District's expense. 5.6.2 Architect's estimate of Project Construction Cost at the time of DSA approval of the Contract Documents shall be current as of that date. Should bids be received more than ninety (90) days after the date of that Project Construction Cost, the Architect's total construction cost shall be escalated by the cost‐of‐construction cost-of-construction in the then current mutually agreed upon recognized building cost index. 5.6.3 Should the lowest responsible and responsive bid received on a bid package exceed Architect’s most recent approved estimate of Project Construction Cost for that bid package (or amount adjusted according to the then current mutually agreed upon recognized building cost index) as accepted by District by more than ten percent (10%), Architect shall, on request by District and as part of Architect's Basic Services, make such changes in the plans and specifications as shall be necessary to bring new bids within ten percent (10%) of such Project Construction Cost. In making such changes, Architect will exercise Architect's best judgment in determining the balance between the size of the Project, the type of construction, and the quality of the construction to achieve a satisfactory project within ten percent (10%) of Architect's Project Construction Cost. To avoid the potential for bids to exceed the estimate by more than 10% at bid opening, the Architect may, as an alternative, include in the Contract Documents for a bid package one or more deductive alternatives so that Architect and District may evaluate different means to achieve a satisfactory project within ten percent (10%) of the Architect’s Project Construction Cost. 5.6.4 Either on its own or in cooperation with the District, the Architect shall review the qualifications of all bidders for the construction of the project, and shall make recommendations to the District as to whether, in the Architect's professional opinion, a bidder meets the minimum requirements. 5.6.5 If, in the District's discretion, the District will seek total or partial State funding for the project, the Architect shall, in addition to the above, publish the invitation to bid in the appropriate regional trade papers and publications devoted to Disabled Veteran Business Enterprises. The Architect shall also prepare and submit the appropriate documentation to the OPSC.

Bidding and Negotiations Phase. 5.6.1 Following DSA’s and DistrictSCOE’s governing board’s written approval of Contract Documents for the projectDocuments, and DistrictSCOE’s governing board’s written approval acceptance of Architect's final estimate of Project Construction Cost and construction schedule, Architect shall continue to work with the District SCOE in finalizing the bid documents and bid package, as described in Section 5.5.2, above. Architect shall reproduce the bid documents and bid package in the number requested by the SCOE and distribute them among interested contractors. Architect shall also assist the District SCOE in obtaining bids, and shall assist the District SCOE in evaluating contract proposals or bids and substitutions proposed by contractors, and in awarding the bids. All sets of Contract Documents, which does not include those for the use of the Architect or its consultants, requested by the SCOE in excess of two (2) shall be reproduced at SCOE’s expense. 5.6.2 Architect's estimate of Project Construction Cost at the time of DSA approval of the Contract Documents shall be current as of that date. Should bids be received more than ninety (90) days after the date of that Project Construction Cost, the Architect's total construction cost shall be escalated by the cost‐of‐construction cost-of-construction in the then current mutually agreed upon recognized building cost index. 5.6.3 Should the lowest responsible and responsive bid received on a bid package exceed Architect’s most recent approved estimate of Project Construction Cost for that bid package (or amount adjusted according to the then current mutually agreed upon recognized building cost index) as accepted by District SCOE by more than ten percent (10%), Architect shall, on request by District SCOE and as part of Architect's Basic Services, make such changes in the plans and specifications as shall be necessary to bring new bids within ten percent (10%) of such Project Construction Cost, but Architect will not be entitled to payment for any Basic Services related to making such changes and re-bidding the Project. In making such changes, Architect will exercise Architect's best judgment in determining the balance between the size of the Project, the type of construction, and the quality of the construction to achieve a satisfactory project within ten percent (10%) of Architect's Project Construction Cost. To avoid the potential for bids to exceed the estimate by more than 10% at bid opening, the Architect may, as an alternative, include in the Contract Documents for a bid package one or more deductive alternatives so that Architect and District SCOE may evaluate different means to achieve a satisfactory project within ten percent (10%) of the Architect’s Project Construction Cost. 5.6.4 Either on its own or in cooperation with the DistrictSCOE, the Architect shall review the qualifications of all bidders for the construction of the projectProject, and shall make recommendations to the District SCOE as to whether, in the Architect's professional opinion, a bidder meets the minimum requirements. 5.6.5 If, in the DistrictSCOE's discretion, the District SCOE will seek total or partial State funding for the projectthis Project, the Architect shall, in addition to the above, publish the invitation to bid in the appropriate regional trade papers and publications devoted to Disabled Veteran Business Enterprises. The Architect shall also prepare and submit the appropriate documentation to the OPSC.

Bidding and Negotiations Phase. 5.6.1 Following DSA’s and District’s governing board’s written approval of Contract Documents for the projectDocuments, and District’s governing board’s written approval of Architect's final estimate of Project Construction Cost and construction schedule, Architect shall continue to work with the District in finalizing the bid documents and bid package, as described in Section 5.5.2, above. Architect shall reproduce the bid documents and bid package in the number requested by the District and distribute them among interested contractors. Architect shall also assist the District in obtaining bids, and shall assist the District in evaluating contract proposals or bids and substitutions proposed by contractors, and in awarding the bids.. All sets of Contract Documents, which does not include those for the use of the Architect or its consultants, requested by the District in excess of 5.6.2 Architect's estimate of Project Construction Cost at the time of DSA approval of the Contract Documents shall be current as of that date. Should bids be received more than ninety (90) days after the date of that Project Construction Cost, the Architect's total construction cost shall be escalated by the cost‐of‐construction cost-of-construction in the then current mutually agreed upon recognized building cost index. 5.6.3 Should the lowest responsible and responsive bid received on a bid package exceed Architect’s most recent approved estimate of Project Construction Cost for that bid package (or amount adjusted according to the then current mutually agreed upon recognized building cost index) as accepted by District by more than ten percent (10%), Architect shall, on request by District and as part of Architect's Basic Services, make such changes in the plans and specifications as shall be necessary to bring new bids within ten percent (10%) of such Project Construction Cost. In making such changes, Architect will exercise Architect's best judgment in determining the balance between the size of the Project, the type of construction, and the quality of the construction to achieve a satisfactory project within ten percent (10%) of Architect's Project Construction Cost. To avoid the potential for bids to exceed the estimate by more than 10% at bid opening, the Architect may, as an alternative, include in the Contract Documents for a bid package one or more deductive alternatives so that Architect and District may evaluate different means to achieve a satisfactory project within ten percent (10%) of the Architect’s Project Construction Cost. 5.6.4 Either on its own or in cooperation with the District, the Architect shall review the qualifications of all bidders for the construction of the project, and shall make recommendations to the District as to whether, in the Architect's professional opinion, a bidder meets the minimum requirements. 5.6.5 If, in the District's discretion, the District will seek total or partial State funding for the project, the Architect shall, in addition to the above, publish the invitation to bid in the appropriate regional trade papers and publications devoted to Disabled Veteran Business Enterprises. The Architect shall also prepare and submit the appropriate documentation to the OPSC.

Bidding and Negotiations Phase. 5.6.1 Following DSA’s and District’s governing board’s written approval of Contract Documents for the project, and District’s governing board’s written approval acceptance of Architect's final estimate of Project Construction Cost and construction schedule, Architect shall continue to work with the District in finalizing the bid documents and bid package, as described in Section 5.5.2, above. Architect shall reproduce the bid documents and bid package in the number requested by the District and distribute them among interested contractors. Architect shall also assist the District in obtaining bids, and shall assist the District in evaluating contract proposals or bids and substitutions proposed by contractors, and in awarding the bids. All sets of Contract Documents, which does not include those for the use of the Architect or its consultants, requested by the District in excess of shall be reproduced at District's expense. 5.6.2 Architect's estimate of Project Construction Cost at the time of DSA approval of the Contract Documents shall be current as of that date. Should bids be received more than ninety (90) days after the date of that Project Construction Cost, the Architect's total construction cost shall be escalated by the cost‐of‐construction cost-of-construction in the then current mutually agreed upon recognized building cost index. 5.6.3 Should the lowest responsible and responsive bid received on a bid package exceed Architect’s most recent approved estimate of Project Construction Cost for that bid package (or amount adjusted according to the then current mutually agreed upon recognized building cost index) as accepted by District by more than ten percent (10%), Architect shall, on request by District and as part of Architect's Basic Services, make such changes in the plans and specifications as shall be necessary to bring new bids within ten percent (10%) of such Project Construction Cost. In making such changes, Architect will exercise Architect's best judgment in determining the balance between the size of the Project, the type of construction, and the quality of the construction to achieve a satisfactory project within ten percent (10%) of Architect's Project Construction Cost. To avoid the potential for bids to exceed the estimate by more than 10% at bid opening, the Architect may, as an alternative, include in the Contract Documents for a bid package one or more deductive alternatives so that Architect and District may evaluate different means to achieve a satisfactory project within ten percent (10%) of the Architect’s Project Construction Cost. 5.6.4 Either on its own or in cooperation with the District, the Architect shall review the qualifications of all bidders for the construction of the projectProject, and shall make recommendations to the District as to whether, in the Architect's professional opinion, a bidder meets the minimum requirements. 5.6.5 If, in the District's discretion, the District will seek total or partial State funding for the projectthis Project, the Architect shall, in addition to the above, publish the invitation to bid in the appropriate regional trade papers and publications devoted to Disabled Veteran Business Enterprises. The Architect shall also prepare and submit the appropriate documentation to the OPSC.