Common use of Construction Cost Budget Clause in Contracts

Construction Cost Budget. 5.1. The Construction Manager shall have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect and the District throughout the design process and construction. 5.2. The Construction Cost Budget shall be the total cost to District of all elements of the Project designed or specified by the Project design professional(s). The Construction Cost Budget does not include the compensation of the Construction Manager, the Project design professional(s), sub-consultants, the cost of the land, rights-of-way, financing or other costs which are the responsibility of the District. 5.3. Construction Manager shall work cooperatively with the Project design professional(s) during the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the construction cost of the work designed by the Project design professional(s) will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager shall notify the District if it believes the construction cost of the work by the Project design profession(s) will exceed the Construction Cost Budget. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4. Evaluations of the District’s Construction Budget, and preliminary and detailed cost estimates prepared by the Construction Manager, represent the Construction Manager’s best judgment as a professional familiar with the construction industry. 5.5. If the Bidding Phase has not commenced within ninety (90) days after DSA approval, the Construction Cost Budget shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6. If any of the following events occur: 5.6.1. If the lowest responsive base bid received is in excess of ten percent (10%) of the Construction Cost Budget, or 5.6.2. If the combined total of base bid and all additive alternates come in fifteen percent (15%) or more under the Construction Cost Budget, or 5.6.3. If the Construction Cost Budget increases in phases subsequent to the Schematic Design Phase due to reasonably foreseeable changes in the condition of the construction market in the county in which the District is located, in so far as these have not been caused by Acts of God, earthquakes, strikes, war, or energy shortages due to uncontrollable events in the world economy, then the District, in its sole discretion, has one or a combination of the following alternatives: 5.6.3.1. Give the Construction Manager written approval on an agreed adjustment to the Construction Cost Budget. 5.6.3.2. Authorize the Construction Manager to re-negotiate, where appropriate, re-bid on or more Projects within three (3) months’ time (exclusive of District and other agencies’ review time) at no additional cost to the District. 5.6.3.3. Terminate this Agreement if the Project is abandoned, without further obligation by either party. 5.6.3.4. Instruct the Project design professional(s) to revise the drawings and specifications to bring the Project within the Construction Cost Budget for re-bidding, with Construction Manager’s performing cost estimating, value engineering, and/or bidding support at no additional cost to the District. 5.7. The Construction Cost Budget shall be reconciled at the completion of each design phase, and a copy provided to District.

Construction Cost Budget. 5.1. The Construction Manager Consultant shall have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect Design Team and the District throughout the design process and construction. 5.2. The Construction Cost Budget shall be the total cost to District of all elements of the Project designed or specified by the Project design professional(s). The Construction Cost Budget does not include the compensation of the Construction ManagerConsultant, the Project design professional(s), sub-consultants, the cost of the land, rights-of-way, financing or other costs which are the responsibility of the District. 5.3. Construction Manager Consultant shall work cooperatively with the Project design professional(s) during the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the construction cost of the work designed by the Project design professional(s) will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager Consultant shall notify the District if it believes the construction cost of the work by the Project design profession(s) will exceed the Construction Cost Budget. The Construction ManagerConsultant, however, shall not perform or be responsible for any design or architectural services. 5.4. Evaluations of the District’s Construction Budget, and preliminary and detailed cost estimates prepared by the Construction ManagerConsultant, represent the Construction ManagerConsultant’s best judgment as a professional familiar with the construction industry. 5.5. If the Bidding Procurement Phase has not commenced within ninety (90) days after DSA approval, the Construction Cost Budget shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6. If any of the following events occur: 5.6.1. If the lowest responsive base bid or proposal received is in excess of ten percent (10%) of the Construction Cost Budget, or 5.6.2. If the combined total of base bid or proposal and all additive alternates come in fifteen percent (15%) or more under the Construction Cost Budget, or 5.6.3. If the Construction Cost Budget increases in phases subsequent to the Schematic Design Phase due to reasonably foreseeable changes in the condition of the construction market in the county in which the District is located, in so far as these have not been caused by Acts of God, earthquakes, strikes, war, or energy shortages due to uncontrollable events in the world economy, then the District, in its sole discretion, has one or a combination of the following alternatives: 5.6.3.1. Give the Construction Manager Consultant written approval on an agreed adjustment to the Construction Cost Budget. 5.6.3.2. Authorize the Construction Manager Consultant to re-negotiate, where appropriate, or re-bid on or more Projects re- solicit within three (3) months’ time (exclusive of District and other agencies’ review time) at no additional cost to the District. 5.6.3.3. Terminate this Agreement if the Project is abandoned, without further obligation by either party. 5.6.3.4. Instruct the Project design professional(s) to revise the drawings and specifications to bring the Project within the Construction Cost Budget for re- bidding or re-biddingsoliciting, with Construction ManagerConsultant’s performing cost estimating, value engineering, and/or bidding and solicitation support at no additional cost to the District. 5.7. The Construction Cost Budget shall be reconciled at the completion of each design phase, and a copy provided to District.

Construction Cost Budget. 5.1. The Construction Manager Consultant shall have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect Design Team and the District throughout the design process and construction. 5.2. The Construction Cost Budget shall be the total cost to District of all elements of the Project designed or specified by the Project design professional(s). The Construction Cost Budget does not include the compensation of the Construction ManagerConsultant, the Project design professional(s), sub-consultants, the cost of the land, rights-of-way, financing or other costs which are the responsibility of the District. 5.3. Construction Manager Consultant shall work cooperatively with the Project design professional(s) during the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” , so that the construction cost of the work designed by the Project design professional(s) will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager Consultant shall notify the District if it believes the construction cost of the work by the Project design profession(s) will exceed the Construction Cost Budget. The Construction ManagerConsultant, however, shall not perform or be responsible for any design or architectural services. 5.4. Evaluations of the District’s Construction Budget, and preliminary and detailed cost estimates prepared by the Construction ManagerConsultant, represent the Construction ManagerConsultant’s best judgment as a professional familiar with the construction industry. 5.5. If the Bidding Procurement Phase has not commenced within ninety (90) days after DSA approval, the Construction Cost Budget shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6. If any of the following events occur: 5.6.1. If the lowest responsive base bid or proposal received is in excess of ten percent (10%) of the Construction Cost Budget, or 5.6.2. If the combined total of base bid or proposal and all additive alternates come in fifteen percent (15%) or more under the Construction Cost Budget, or 5.6.3. If the Construction Cost Budget increases in phases subsequent to the Schematic Design Phase due to reasonably foreseeable changes in the condition of the construction market in the county in which the District is located, in so far as these have not been caused by Acts of God, earthquakes, strikes, war, or energy shortages due to uncontrollable events in the world economy, then the District, in its sole discretion, has one or a combination of the following alternatives: 5.6.3.1. Give the Construction Manager Consultant written approval on an agreed adjustment to the Construction Cost Budget. 5.6.3.2. Authorize the Construction Manager Consultant to re-negotiate, where appropriate, or re-bid on or more Projects re- solicit within three (3) months’ time (exclusive of District and other agencies’ review time) at no additional cost to the District. 5.6.3.3. Terminate this Agreement if the Project is abandoned, without further obligation by either party. 5.6.3.4. Instruct the Project design professional(s) to revise the drawings and specifications to bring the Project within the Construction Cost Budget for re- bidding or re-biddingsoliciting, with Construction ManagerConsultant’s performing cost estimating, value engineering, and/or bidding and solicitation support at no additional cost to the District. 5.7. The Construction Cost Budget shall be reconciled at the completion of each design phase, and a copy provided to District.

Construction Cost Budget. 5.1. The Construction Manager shall have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect and the District throughout the design process and construction. 5.2. The Construction Cost Budget shall be the total cost to District of all elements of the Project designed or specified by the Project design professional(s). The Construction Cost Budget does not include the compensation of the Construction Manager, the Project design professional(s), sub-consultants, the cost of the land, rights-of-way, financing or other costs which are the responsibility of the District. 5.3. Construction Manager shall work cooperatively with the Project design professional(s) during the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the construction cost of the work designed by the Project design professional(s) will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager shall notify the District if it believes the construction cost of the work by the Project design profession(s) will exceed the Construction Cost Budget. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4. Evaluations of the District’s Construction Budget, and preliminary and detailed cost estimates prepared by the Construction Manager, represent the Construction Manager’s best judgment as a professional familiar with the construction industry. 5.5. If the Bidding Phase has not commenced within ninety (90) days after DSA approval, the Construction Cost Budget shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6. If any of the following events occur: 5.6.1. If the lowest responsive base bid received is in excess of ten percent (10%) of the Construction Cost Budget, or 5.6.2. If the combined total of base bid and all additive alternates come in fifteen percent (15%) or more under the Construction Cost Budget, or 5.6.3. If the Construction Cost Budget increases in phases subsequent to the Schematic Design Phase due to reasonably foreseeable changes in the condition of the construction market in the county in which the District is located, in so far as these have not been caused by Acts of God, earthquakes, strikes, war, or energy shortages due to uncontrollable events in the world economy, then the District, in its sole discretion, has one or a combination of the following alternatives: 5.6.3.1. Give the Construction Manager written approval on an agreed adjustment to the Construction Cost Budget. 5.6.3.2. Authorize the Construction Manager to re-negotiate, where appropriate, re-bid on or more Projects within three (3) months’ months time (exclusive of District and other agencies’ review time) at no additional cost to the District. 5.6.3.3. Terminate this Agreement if the Project is abandoned, without further obligation by either party. 5.6.3.4. Instruct the Project design professional(s) to revise the drawings and specifications to bring the Project within the Construction Cost Budget for re-bidding, with Construction Manager’s performing cost estimating, value engineering, and/or bidding support at no additional cost to the District. 5.7. The Construction Cost Budget shall be reconciled at the completion of each design phase, and a copy provided to District.