Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect. 5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget. 5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur: 5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget. 5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District. 5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party. 5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District. 5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above: 5.4.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or 5.4.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or 5.4.3. 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.
Appears in 5 contracts
Samples: Architectural Services Agreement, Architectural Services Agreement, Master Agreement for Architectural Services
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.15.3.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or
5.4.25.3.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.35.3.3. 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:
5.3.2.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.2.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.2.4. Within three (3) months time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
Appears in 5 contracts
Samples: Architectural Services Agreement, Architectural Services Agreement, Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” , the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager the construction manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” , including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. The Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.to
5.3. The District may, in its sole discretion, do one, or a combination, is relying on the Architect’s expertise regarding the cost of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4construction. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. : o The lowest responsive base bid received is in excess of five percent (5%) of exceeds the Construction Cost BudgetBudget by ten percent (10%) or more; or
5.4.2. If the or o The combined total of base bid and all additive alternates come in is ten percent (10%) or more under below the Construction Cost Budget; or
5.4.3. If the or o 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:
5.3.1. Give the Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize the Architect to assist the District to re-negotiate, when appropriate, and/or participate in re-bidding or requesting new proposals for the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned, without further obligation by either Party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District. The modification of Construction Documents shall be the limit of the Architect’s responsibility arising out of the establishment of a Construction Cost Budget. All other obligations of the Architect, including construction administration services, remain as stated in the Agreement.
Appears in 4 contracts
Samples: Architectural Services Agreement, Architectural Services Agreement, Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and the Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. The Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.15.3.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; , or
5.4.25.3.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; , or
5.4.35.3.3. 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:
5.3.2.1. Give the Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2.2. Authorize the Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.2.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.2.4. Within three (3) months time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
Appears in 4 contracts
Samples: Architectural Services Agreement, Architectural Services Agreement, Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.15.3.1. The lowest responsive base bid received is in excess of five ten percent (510%) of over the Construction Cost Budget; or
5.4.25.3.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.35.3.3. 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 other uncontrollable or unpredictable events in the world economy, then the District, in its sole discretion, has one or a combination of the following alternatives:
5.3.2.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.2.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.2.4. Within three (3) months time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re- bidding at no additional cost to the District.
Appears in 2 contracts
Samples: Agreement for Architectural Services, Agreement for Architectural Services
Construction Cost Budget. 5.14.1. The Initial Construction Cost Budget shall be the total cost to the District for construction and installation of all elements of the Project as designed and specified by the Bridging Architect. Bridging Architect hereby accepts shall verify and accept the District’s established Initial Construction Cost Budget and Project scopescope to establish the Approved Construction Cost Budget. In accordance with the Exhibit “A,” , the Bridging Architect shall have responsibility to further develop, review, and reconcile the Initial Construction Cost Budget for to establish the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Approved Construction Cost Budget with the ArchitectBudget.
5.24.2. Bridging Architect shall complete all Services as described in Exhibit “A,” including , including, but not limited to, all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the construction cost to construct of the work designed by the Bridging Architect will not exceed the Approved Construction Cost BudgetBudget as specified by the District, and, if required, as adjusted subsequently with the District’s written approval. The Bridging Architect shall maintain cost controls throughout the Project to deliver development of the Bridging Design Documents for the Project so that the Project can be designed and constructed within the Approved Construction Cost Budget.
5.34.3. The If the lowest responsive base bid received by the District maywithin sixty (60) days of issuance of the Design- Build Request for Proposals for the Project, including the bid on all Addenda issued for the bid, exceeds the Approved Construction Cost Budget by ten percent (10%), the District, in its sole discretion, do may determine to proceed with one, or a combination, any combination of the following if any of the events in Article 5.4 occuralternatives:
5.3.14.3.1. Give the Bridging Architect written approval on an agreed adjustment to the Approved Construction Cost Budget.
5.3.24.3.2. Authorize the Bridging Architect to prepare the drawings and specifications in order for the District to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.34.3.3. Terminate this Agreement if the Project is abandoned by the Districtabandoned, without further obligation by either partyParty.
5.3.44.3.4. Within three (3) months’ time of receipt of bids, instruct Instruct Bridging Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Approved Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or
5.4.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.3. If the Construction Cost Budget increases in phases subsequent other additional payments 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 economyBridging Architect.
Appears in 2 contracts
Samples: Bridging Architectural/Engineering Services Agreement, Bridging Architectural/Engineering Services Agreement
Construction Cost Budget.
5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and the Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. The Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.15.3.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; , or
5.4.25.3.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; , or
5.4.35.3.3. 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:
5.3.2.1. Give the Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2.2. Authorize the Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.2.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.2.4. Within three (3) months time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
Appears in 2 contracts
Samples: Architectural Services Agreement, Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications specifications, and other Contract Documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 5.4, below, occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either partyParty.
5.3.4. Within three (3) months’ months time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-re- bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 5.3, above:
5.4.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or
5.4.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.3. 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 insofar as these have not been caused by Acts of God, earthquakes, strikes, war, or energy shortages due to uncontrollable events in the world economy.
5.5. The parties recognize that neither the Architect nor District has control over the cost of labor, materials, or equipment, over the contractor’s means and methods, over competitive bidding, market or negotiating conditions. Accordingly, Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from District’s budget for the Project or from any estimate of construction costs or evaluation prepared or agreed to by Architect. Regardless, Architect will exercise the standard practice of care in maintaining cost controls to deliver the Project within the Construction Cost Budget.
Appears in 2 contracts
Samples: Architectural Services Agreement, Architectural Services Agreement
Construction Cost Budget.
5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and the Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. The Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.15.3.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; , or
5.4.25.3.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; , or
5.4.35.3.3. 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:
5.3.2.1. Give the Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2.2. Authorize the Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.2.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.2.4. Within three (3) months time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
Appears in 1 contract
Samples: Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-re- bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or
5.4.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.3. 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.
Appears in 1 contract
Samples: Agreement for Architectural Services
Construction Cost Budget.
5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ months time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or
5.4.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.3. 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.
Appears in 1 contract
Samples: Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.15.3.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or
5.4.25.3.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.35.3.3. 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:
5.3.2.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.2.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.2.4. Within three (3) months time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re- bidding at no additional cost to the District.
Appears in 1 contract
Samples: Architectural Services Agreement
Construction Cost Budget.
5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and the Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. The Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.15.3.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; , or
5.4.25.3.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; , or
5.4.35.3.3. 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:
5.3.2.1. Give the Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2.2. Authorize the Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.2.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.2.4. Within three (3) months time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re- bidding at no additional cost to the District.
Appears in 1 contract
Samples: Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope, as set forth in a specific Project Authorization. In accordance with Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the District’s Construction Cost Budget for the District at the beginning of the each Project and at the completion of each design phase. The District and Construction Manager (if one is retained) shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” and any Project Authorization(s), including all plans, designs, drawings, specifications and other Contract Documentsinstructions, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project Project(s) to deliver the Project Project(s) within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or or re-bid the Project Project(s) within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by District abandons the DistrictProject(s), without further obligation by either partyParty.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise redesign or value engineer the drawings and specifications (in scope and quality as approved by the District) to bring the Project Project(s) within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or
5.4.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.3. 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.
Appears in 1 contract
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” , the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager the construction manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” , including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. The Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, is relying on the Architect’s expertise regarding the cost of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4construction. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. : o The lowest responsive base bid received is in excess of five ten percent (510%) of the Construction Cost Budget; or
5.4.2. If the or o The combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.3. If the or o 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:
5.3.1. Give the Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize the Architect to assist the District to re-negotiate, when appropriate, and/or participate in re-bidding or requesting new proposals for the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned, without further obligation by either Party. In the event of termination, District has a license and right to use the plans and specifications for the continuation of the Project.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District. The modification of Construction Documents shall be the limit of the Architect’s responsibility arising out of the establishment of a Construction Cost Budget. All other obligations of the Architect, including construction administration services, remain as stated in the Agreement.
Appears in 1 contract
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” , the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and the Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” , including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. The Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, is relying on the Architect’s expertise regarding the cost of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4construction. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. : o The lowest responsive base bid received is in excess of five percent (5%) of exceeds the Construction Cost BudgetBudget by ten percent (10%) or more; or
5.4.2. If the or o The combined total of base bid and all additive alternates come in is ten percent (10%) or more under below the Construction Cost Budget; or
5.4.3. If the or o 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:
5.3.1. Give the Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize the Architect to assist the District to re-negotiate, when appropriate, and/or participate in re-bidding or requesting new proposals for the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned, without further obligation by either Party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District. The modification of Construction Documents shall be the limit of the Architect’s responsibility arising out of the establishment of a Construction Cost Budget. All other obligations of the Architect, including construction administration services, remain as stated in the Agreement.
Appears in 1 contract
Samples: Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.15.3.1. The lowest responsive base bid received is in excess of five ten percent (510%) of the Construction Cost Budget; or
5.4.25.3.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.35.3.3. 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:
5.3.2.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.2.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.2.4. Within three (3) months time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re- bidding at no additional cost to the District.
Appears in 1 contract
Samples: Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and the Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. The Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.15.3.1. The lowest responsive base bid received is in excess of five percent (5%) of over the Construction Cost Budget; , or
5.4.25.3.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; , or
5.4.35.3.3. 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:
5.3.4. Give the Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.5. Authorize the Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.6. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.7. Within three (3) months time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
Appears in 1 contract
Samples: Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope, as set forth in specific Project Authorization(s). In accordance with Exhibit “A,” and any Project Authorization(s), the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project Project(s) and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” and any Project Authorization(s), including all plans, designs, drawings, specifications and other Contract Documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project Project(s) to deliver the Project Project(s) within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project Project(s) within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by District abandons the DistrictProject(s), without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project Project(s) within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. The lowest responsive base bid received is in excess of five ten percent (510%) of over the Construction Cost Budget; or
5.4.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.3. 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.
Appears in 1 contract
Construction Cost Budget.
5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager the construction manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. The Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. : o The lowest responsive base bid or proposal received is in excess of five ten percent (510%) of the Construction Cost Budget; or
5.4.2. or o If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost BudgetBudget as calculated by the Architect, assuming the District, the District’s program manager and the District’s construction estimator (if any) did not agree with the most current Construction Cost Budget as calculated by the Architect at the time of the opening of bids or proposals; or
5.4.3. If the or o 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;
5.3.1. Give the Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Direct the Architect to prepare the Project for re-bid within three (3) month’s time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned, without further obligation by either Party.
5.3.4. Within three (3) month’s time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District. The modification of Construction Documents shall be the limit of the Architect’s responsibility arising out of the establishment of a Construction Cost Budget. All other obligations of the Architect, including construction administration services, remain as stated in the Agreement.
Appears in 1 contract
Samples: Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope, as set forth in specific Project Authorization(s). In accordance with Exhibit “A,” and any Project Authorization(s), the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project Project(s) and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” and any Project Authorization(s), including all plans, designs, drawings, specifications and other Contract Documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project Project(s) to deliver the Project Project(s) within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project Project(s) within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by District abandons the DistrictProject(s), without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project Project(s) within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. The lowest responsive base bid received is in excess of five percent (5%) of over the Construction Cost Budget; or
5.4.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.3. 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.
Appears in 1 contract
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ months time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or
5.4.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.3. 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.
Appears in 1 contract
Samples: Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with Exhibit “A,” the , Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” , including all plans, designs, drawings, specifications and other Contract Documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Instruct Architect written approval on an agreed adjustment to revise the drawings and specifications (in scope and quality as approved by District) to bring the Project within the Construction Cost BudgetBudget for re-bidding at no additional cost to District.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.4. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or
5.4.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.3. 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; or
5.4.2. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or
5.4.3. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget.
Appears in 1 contract
Samples: Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of programming and each subsequent design phase. The scope of the project will be reviewed and maybe adjusted at each design phase. The District and Construction Manager shall also have responsibility work to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. The Construction Cost Budget may include scope, products and services listed as “OFCI” or “Provided by District”. The Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. : o The lowest responsive base bid or proposal received is in excess of five ten percent (510%) of the Construction Cost Budget; or
5.4.2. If the or o The combined total of base bid and all additive alternates come in ten fifteen percent (1015%) or more under the Construction Cost Budget; or
5.4.3. If the or o 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:
5.3.1. Give the Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Direct the Architect to prepare the Project for re-bid within three (3) month’s time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned, without further obligation by either Party.
5.3.4. Within three (3) month’s time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District. The modification of Construction Documents shall be the limit of the Architect’s responsibility arising out of the establishment of a Construction Cost Budget. All other obligations of the Architect, including construction administration services, remain as stated in the Agreement.
Appears in 1 contract
Samples: Architectural Services Agreement
Construction Cost Budget.
5.1. Architect Engineer hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” the Architect Engineer shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and the Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the ArchitectEngineer.
5.2. Architect Engineer shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect Engineer will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect The Engineer shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.15.3.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; , or
5.4.25.3.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; , or
5.4.35.3.3. 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:
5.3.2.1. Give the Engineer written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2.2. Authorize the Engineer to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.2.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.2.4. Within three (3) months time of receipt of bids, instruct Engineer to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
Appears in 1 contract
Samples: Engineering Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” , the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager the construction manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” , including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. The Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, is relying on the Architect’s expertise regarding the cost of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4construction. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. : o The lowest responsive base bid received is in excess of five percent (5%) of exceeds the Construction Cost BudgetBudget by ten percent (10%) or more; or
5.4.2. If the or o The combined total of base bid and all additive alternates come in is ten percent (10%) or more under below the Construction Cost Budget; or
5.4.3. If the or o 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:
5.3.1. Give the Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize the Architect to assist the District to re-negotiate, when appropriate, and/or participate in re-bidding or requesting new proposals for the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned, without further obligation by either Party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District. The modification of Construction Documents shall be the limit of the Architect’s responsibility arising out of the establishment of a Construction Cost Budget. All other obligations of the Architect, including construction administration services, remain as stated in the Agreement.
Appears in 1 contract
Samples: Architectural Services Agreement
Construction Cost Budget. DRAFT
5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with Exhibit “A,” the , Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” , including all plans, designs, drawings, specifications and other Contract Documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Instruct Architect written approval on an agreed adjustment to revise the drawings and specifications (in scope and quality as approved by District) to bring the Project within the Construction Cost BudgetBudget for re-bidding at no additional cost to District.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.4. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or
5.4.2. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or
5.4.3. 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; or
5.4.2. The lowest responsive base bid received is in excess of five percent (5%) of the Construction Cost Budget; or
5.4.3. If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget.
Appears in 1 contract
Samples: Architectural Services Agreement
Construction Cost Budget. 5.1. Architect hereby accepts the District’s established Construction Cost Budget and Project scope. In accordance with the Exhibit “A,” the Architect shall have responsibility to further develop, review, and reconcile the Construction Cost Budget for the District at the beginning of the Project and at the completion of each design phase. The District and Construction Manager the construction manager shall also have responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect.
5.2. Architect shall complete all Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documentsconstruction documents, so that the cost to construct the work designed by the Architect will not exceed the Construction Cost Budget, as adjusted subsequently with the District’s written approval. The Architect shall maintain cost controls throughout the Project to deliver the Project within the Construction Cost Budget.
5.3. The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.4 occur:
5.3.1. Give Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Authorize Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months’ time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party.
5.3.4. Within three (3) months’ time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District.
5.4. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.3 above:
5.4.1. : o The lowest responsive base bid or proposal received is in excess of five ten percent (510%) of the Construction Cost Budget; or
5.4.2. or o If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost BudgetBudget as calculated by the Architect, assuming the District, the District’s program manager and the District’s construction estimator (if any) did not agree with the most current Construction Cost Budget as calculated by the Architect at the time of the opening of bids or proposals; or
5.4.3. If the or o 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:
5.3.1. Give the Architect written approval on an agreed adjustment to the Construction Cost Budget.
5.3.2. Direct the Architect to prepare the Project for re-bid within three (3) month’s time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District.
5.3.3. Terminate this Agreement if the Project is abandoned, without further obligation by either Party.
5.3.4. Within three (3) month’s time of receipt of bids, instruct Architect to revise the drawings and specifications (in scope and quality as approved by the District) to bring the Project within the Construction Cost Budget for re-bidding at no additional cost to the District. The modification of Construction Documents shall be the limit of the Architect’s responsibility arising out of the establishment of a Construction Cost Budget. All other obligations of the Architect, including construction administration services, remain as stated in the Agreement.
Appears in 1 contract
Samples: Architectural Services Agreement