Common use of Construction Cost Budget Clause in Contracts

Construction Cost Budget. 5.1 The Construction Manager shall have responsibility, along with the Architect, to develop, review, and reconcile the Construction Cost Budget with the Architect and the District throughout the design process and construction. 5.2 The Construction Cost Budget shall be the total cost to District of all elements of the Project designed or specified by the Project design professional(s), as defined in Article 1. 5.3 Construction Manager shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the construction cost of the work designed by the Project Design Team will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager shall notify the District if it believes the construction cost of the work by the Project Design Team will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project will exceed the Construction Cost Budget for the Project. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4 Evaluations of the District’s Construction Budget, and preliminary and detailed cost estimates prepared by the Construction Manager, represent the Construction Manager’s best judgment as a professional familiar with the construction industry. 5.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approval, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 occur: 5.6.1 Give Construction Manager written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 Authorize Construction Manager 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. 5.6.3 Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party. 5.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with Construction Manager performing cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 above: 5.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or 5.7.3 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.

Construction Cost Budget. 5.1 The Construction Manager shall have responsibility, along with the Architect, to develop, review, and reconcile the Construction Cost Budget with the Architect and the District throughout the design process and construction. 5.2 The Construction Cost Budget shall be the total cost to District of all elements of the Project designed or specified by the Project design professional(s), as defined in Article 1. 5.3 Construction Manager shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, during the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the construction cost of the work designed by the Project Design Team will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager shall notify the District if it believes the construction cost of the work by the Project Design Team will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project will exceed the Construction Cost Budget for the Project. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4 Evaluations of the District’s Construction Budget, and preliminary and detailed cost estimates prepared by the Construction Manager, represent the Construction Manager’s best judgment as a professional familiar with the construction industry. 5.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approval, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 occur: 5.6.1 Give Construction Manager written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 Authorize Construction Manager 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. 5.6.3 Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party. 5.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with Construction Manager performing cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 above: 5.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or 5.7.3 If the Construction Cost Budget increases in phases subsequent to the Schematic Design Development Phase due to reasonably foreseeable changes in the condition of the construction market in the county in which the District is locatedSan Mateo County, 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.

Construction Cost Budget. 5.1 The Construction Manager shall have responsibility, along with the Architect, to develop, review, and reconcile the Construction Cost Budget with the Architect and the District throughout the design process and construction. 5.2 The Construction Cost Budget shall be the total cost to District of all elements of the Project designed or specified by the Project design professional(s), as defined in Article 1. 5.3 Construction Manager shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the construction cost of the work designed by the Project Design Team will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager shall notify the District if it believes the construction cost of the work by the Project Design Team will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project will exceed the Construction Cost Budget for the Project. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4 Evaluations of the District’s Construction Budget, and preliminary and detailed cost estimates prepared by the Construction Manager, represent the Construction Manager’s best judgment as a professional familiar with the construction industry. 5.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approval, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 occur: 5.6.1 Give Construction Manager written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 Authorize Construction Manager 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. 5.6.3 Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party. 5.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with Construction Manager performing cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 above: 5.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or 5.7.3 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 locatedSan Mateo County, 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.

Construction Cost Budget. 5.1 The Construction Manager shall have responsibility, along with the Architect, to develop, review, and reconcile the Construction Cost Budget with the Architect and the District throughout the design process and construction. 5.2 The Construction Cost Budget shall be the total cost to District of all Project elements of the Project designed Design Team designs or specified by the Project design professional(s), as defined in Article 1specifies. 5.3 Construction Manager shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the Project’s construction cost of the work as designed by the Project Design Team will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager shall notify the District if it believes the Project’s construction cost of the work by the Project Design Team will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project as designed will exceed the Construction Cost Budget for the ProjectBudget. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4 Evaluations of the District’s Construction Budget, and preliminary and detailed cost estimates prepared by the Construction Manager, ’s estimating responsibilities herein represent the Construction Manager’s best judgment for performing similar work for California school districts in or around the same geographic area as a professional familiar with the construction industryDistrict. The parties acknowledge that neither the Construction Manager nor the District control the cost of labor, materials or equipment, the Contractor’s methods of determining its price, or market conditions. Accordingly, the Construction Manager does not warrant that bids or negotiated prices will not vary from the District’s Project budget or from any estimate prepared by Construction Manager or its Consultants. 5.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approvalapproval of the plans and specifications, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 occur: 5.6.1 Give Construction Manager written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 Authorize Construction Manager to re-negotiate, at no additional cost to the District, 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). 5.6.3 Terminate this Agreement if the Project is abandoned by the District, District without further obligation by either party. 5.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with bidding. Construction Manager performing will perform cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 above: 5.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the The combined total of base bid and all additive alternates come in equal or exceed ten percent (10%) or more under of the Construction Cost Budget; or 5.7.3 If the 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 locatedBay Area, 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.

Construction Cost Budget. 5.1 The Construction Manager Section 5.01 RGM shall have responsibility, along responsibility to work with the Architect, design team to develop, review, and reconcile the Construction Cost Budget with the Architect and the District construction cost budget throughout the design process and construction. 5.2 Section 5.02 The Construction Cost Budget construction cost budget shall be the total cost to District of all elements of the Project designed or specified by the Project design professional(s). The construction cost budget includes the construction phase compensation of RGM, as defined in Article 1.the Project design professional(s), the cost of the land, rights-of-way, financing or other costs which are the responsibility of the District. Section 5.3 Construction Manager Section 5.03 RGM shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, design professional(s) during the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” , so that the construction cost of the work designed by the Project Design Team design professional(s) will not exceed the Construction Cost Budgetconstruction cost budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager RGM shall notify the District if it believes the construction cost of the work by the Project Design Team design profession(s) will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project will exceed the Construction Cost Budget for the Projectbudget. The Construction ManagerRGM, however, shall not perform or be responsible for any design or architectural services. 5.4 Evaluations of the District’s Construction Budget, and preliminary and detailed cost estimates prepared by the Construction Manager, represent the Construction Manager’s best judgment as a professional familiar with Section 5.04 If the construction industry. 5.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approval, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 occur: 5.6.1 Give Construction Manager written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 Authorize Construction Manager 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. 5.6.3 Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party. 5.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with Construction Manager performing cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 above: 5.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or 5.7.3 If the Construction Cost Budget 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: Section 5.04.01 Give RGM written approval on an agreed adjustment to the Construction cost budget. Section 5.04.02 Authorize RGM to re-negotiate, where appropriate, or re-bid or re-solicit within three (3) months’ time (exclusive of District and other agencies’ review time) at an amount not to exceed $15,000. Section 5.04.03 Terminate this Agreement if the Project is abandoned, without further obligation by either party except as indicated in Article 10 Section 5.04.04 Work with the District and the Project design professional(s) to revise the drawings and specifications to bring the Project within the construction cost budget for re-bidding or re-soliciting, with RGM’s performing cost estimating, value engineering, and/or bidding and solicitation support at an additional cost to the District not to exceed fifteen thousand dollars ($15,000). Section 5.05 The construction cost budget shall be reconciled at the completion of each design phase.

Construction Cost Budget. 5.1 The Construction Manager shall have responsibility, along with the Architect, to develop, review, and reconcile the Construction Cost Budget with the Architect and the District throughout the design process and construction. 5.2 The Construction Cost Budget shall be the total cost to District of all Project elements of the Project designed Design Team designs or specified by the Project design professional(s), as defined in Article 1specifies. 5.3 Construction Manager shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the Project’s construction cost of the work as designed by the Project Design Team will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager shall notify the District if it believes the Project’s construction cost of the work by the Project Design Team will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project as designed will exceed the Construction Cost Budget for the ProjectBudget. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4 Evaluations of the District’s Construction Budget, and Construction Manager’s preliminary and detailed cost estimates prepared by the Construction Managerestimates, represent the Construction Manager’s best judgment as a professional familiar with the construction industry. District acknowledges that the Construction Manager has no control over the cost of labor, materials, or equipment, over any contractor’s methods of determining bid prices, or over competitive bidding, market, or negotiating conditions. Accordingly, Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the District, or from any cost estimate or evaluation prepared by Construction Manager. 5.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approvalapproval of the plans and specifications, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 occur: 5.6.1 Give Construction Manager written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 Authorize Construction Manager to re-negotiate, at no additional cost to the District, 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). 5.6.3 Terminate this Agreement if the Project is abandoned by the District, District without further obligation by either partyparty except to pay fees earned. 5.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with bidding. Construction Manager performing will perform cost estimation, value engineering, constructability reviews, and/or bidding support at no a reasonably negotiated additional cost to the District. 5.7 If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 above: 5.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the The combined total of base bid and all additive alternates come in equal or exceed ten percent (10%) or more under of the Construction Cost Budget; or 5.7.3 If the 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 locatedBay Area, 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.

Construction Cost Budget. 5.1 The Construction Manager shall have responsibility, along with the Architect, to develop, review, and reconcile the Construction Cost Budget with the Architect and the District throughout the design process and construction. 5.2 The Construction Cost Budget shall be the total cost to District of all Project elements of the Project designed Design Team designs or specified by the Project design professional(s), as defined in Article 1specifies. 5.3 Construction Manager shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the Project’s construction cost of the work as designed by the Project Design Team will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager shall notify the District if it believes the Project’s construction cost of the work by the Project Design Team will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project as designed will exceed the Construction Cost Budget for the ProjectBudget. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4 Evaluations of the District’s Construction Budget, and Construction Manager’s preliminary and detailed cost estimates prepared by the Construction Managerestimates, represent the Construction Manager’s best judgment as a professional familiar with the construction industry. 5.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approvalapproval of the plans and specifications, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 occur: 5.6.1 Give Construction Manager written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 Authorize Construction Manager to re-negotiate, when appropriate, negotiate and/or re-bid the Project Project, when appropriate, within three (3) months months’ time of receipt of bids bids, at no additional cost to the District (exclusive of District and other agencies’ review time) at no additional cost to the District). 5.6.3 Terminate this Agreement if the Project is abandoned by the District, District without further obligation by either party. 5.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with bidding. Construction Manager performing will perform cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 above: 5.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the The combined total of base bid and all additive alternates come in equal or exceed ten percent (10%) or more under of the Construction Cost Budget; or 5.7.3 If the 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 locatedBay Area, 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.

Construction Cost Budget. 5.1 ‌ 4.1. The Construction Manager shall have responsibility, along with the Architect, responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect and the District throughout the design process and construction. 5.2 4.2. The Construction Cost Budget shall be the total cost to District of all elements of the Project designed or specified by the Project design professional(s). The Construction Cost Budget does not include the compensation of the Construction Manager, the Project design professional(s), sub-consultants, the cost of the land, rights-of-way, financing or other costs which are the responsibility of the District (not including the costs of Construction Manager’s sub-consultants as defined in Article 1may be approved by the District.) 5.3 4.3. Construction Manager shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, design professional(s) during the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the construction cost of the work designed by the Project Design Team design professional(s) will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager shall promptly notify the District if it believes the construction cost of the work Project as prepared by the Project Design Team design professionals will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project will exceed the Construction Cost Budget for the Project. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4 4.4. Evaluations of the District’s Construction Cost Budget, and preliminary and detailed cost estimates prepared by the Construction Manager (“Construction Manager’s Construction Cost Estimate”), represent the Construction Manager’s best judgment as a professional familiar with the construction industry. 5.5 4.5. If the Bidding Phase has not commenced within ninety (90) days after DSA approvalapproval of the Project by the Division of the State Architect (“DSA”), the Construction Cost Budget may shall be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 occur: 5.6.1 Give Construction Manager written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 Authorize Construction Manager 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. 5.6.3 Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party. 5.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with Construction Manager performing cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 4.6. If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 above: 5.7.1 4.6.1. The lowest responsive base bid received is five in excess of ten percent (510%) or more in excess of the Construction Cost Budget Budget, or 5.7.2 4.6.2. If the combined total of base bid and all additive alternates come in ten is fifteen percent (1015%) or more under the Construction Cost Budget; , or 5.7.3 4.6.3. If the Construction Cost Budget increases in phases subsequent to the Schematic Design Phase due to reasonably foreseeable changes in the condition of the construction market in the county in which the District is located, in so far as these have not been caused by Acts of God, earthquakes, strikes, war, or energy shortages due to uncontrollable events in the world economy, then the District, in its sole discretion, has one or a combination of the following alternatives: 4.6.3.1. Give the Construction Manager written approval on an agreed adjustment to the Construction Cost Budget to reflect the applicable circumstances in Section 4.6.3 above. 4.6.3.2. Authorize the Construction Manager to re-bid and/or re-negotiate the Project within three (3) months time (exclusive of District and other agencies’ review time) at no additional cost to the District. 4.6.3.3. Terminate this Agreement without further obligation by either Party. 4.6.3.4. Instruct the Project design professional(s) to revise the drawings and specifications to bring the Project within the Construction Cost Budget for re-bidding, with Construction Manager performing cost estimating, value engineering, and/or bidding support at no additional cost to the District. 4.7. The Construction Cost Budget shall be reconciled with the Construction Manager’s Construction Cost Estimate and adjusted at the completion of each design phase. Construction Manager shall promptly provide District with a copy of such reconciliation.

Construction Cost Budget. 5.1 The Construction Manager 6.1 CM shall have responsibility, along with the Architect, to develop, review, and reconcile the Construction Cost Budget per Project with the Architect and the District throughout the design process and construction. 5.2 6.2 The Construction Cost Budget shall be the total cost to District of all Project elements of the Project designed Design Team designs or specified by the Project design professional(s), as defined in Article 1specifies. 5.3 Construction Manager 6.3 CM shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the Project’s construction cost of the work as designed by the Project Design Team will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager CM shall notify the District if it believes the Project’s construction cost of the work by the Project Design Team will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project as designed will exceed the Construction Cost Budget for the ProjectBudget. The Construction ManagerCM, however, shall not perform or be responsible for any design or architectural services. 5.4 6.4 Evaluations of the District’s Construction Budget, and CM’s preliminary and detailed cost estimates prepared by the Construction Managerestimates, represent the Construction ManagerCM’s best judgment as a professional familiar with the construction industry. 5.5 6.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approvalapproval of the plans and specifications, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 6.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 6.7 occur: 5.6.1 6.6.1 Give Construction Manager CM written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 6.6.2 Authorize Construction Manager CM to re-negotiate, when appropriate, negotiate and/or re-bid the Project Project, when appropriate, within three (3) months months’ time of receipt of bids bids, at no additional cost to the District (exclusive of District and other agencies’ review time) at no additional cost to the District). 5.6.3 6.6.3 Terminate this Agreement if the Project is abandoned by the District, District without further obligation by either party. 5.6.4 6.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with Construction Manager performing bidding. CM will perform cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 6.7 If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 6.6 above: 5.7.1 6.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the 6.7.2 The combined total of base bid and all additive alternates come in equal or exceed ten percent (10%) or more under of the Construction Cost Budget; or 5.7.3 If the 6.7.3 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 locatedBay Area, 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.

Construction Cost Budget. 5.1 The Construction Manager 6.1 PM/CM shall have responsibility, along with the Architect, to develop, review, and reconcile the Construction Cost Budget with the Architect and the District throughout the design process and construction. 5.2 6.2 The Construction Cost Budget shall be the total cost to District of all Project elements of the Project designed Design Team designs or specified by the Project design professional(s), as defined in Article 1specifies. 5.3 Construction Manager 6.3 PM/CM shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the Project’s construction cost of the work as designed by the Project Design Team will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager PM/CM shall notify the District if it believes the Project’s construction cost of the work by the Project Design Team will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project as designed will exceed the Construction Cost Budget for the ProjectBudget. The Construction ManagerPM/CM, however, shall not perform or be responsible for any design or architectural services. 5.4 6.4 Evaluations of the District’s Construction Budget, and PM/CM’s preliminary and detailed cost estimates prepared by the Construction Managerestimates, represent the Construction ManagerPM/CM’s best judgment as a professional familiar with the construction industry. 5.5 6.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approvalapproval of the plans and specifications, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 6.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 6.7 occur: 5.6.1 6.6.1 Give Construction Manager PM/CM written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 6.6.2 Authorize Construction Manager PM/CM to re-negotiate, when appropriate, negotiate and/or re-bid the Project Project, when appropriate, within three (3) months months’ time of receipt of bids bids, at no additional cost to the District (exclusive of District and other agencies’ review time) at no additional cost to the District). 5.6.3 6.6.3 Terminate this Agreement if the Project is abandoned by the District, District without further obligation by either party. 5.6.4 6.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with Construction Manager performing re- bidding. PM/CM will perform cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 6.7 If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 6.6 above: 5.7.1 6.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the 6.7.2 The combined total of base bid and all additive alternates come in equal or exceed ten percent (10%) or more under of the Construction Cost Budget; or 5.7.3 If the 6.7.3 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 locatedBay Area, 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.

Construction Cost Budget. 5.1 The Construction Manager shall have responsibility, along with the Architect, to develop, review, and reconcile the Construction Cost Budget with the Architect and the District throughout the design process and construction. 5.2 The Construction Cost Budget shall be the total cost to District of all Project elements of the Project designed Design Team designs or specified by the Project design professional(s), as defined in Article 1specifies. 5.3 Construction Manager shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the Project’s construction cost of the work as designed by the Project Design Team will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager shall notify the District if it believes the Project’s construction cost of the work by the Project Design Team will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project as designed will exceed the Construction Cost Budget for the ProjectBudget. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4 Evaluations of the District’s Construction Budget, and Construction Manager’s preliminary and detailed cost estimates prepared by the Construction Managerestimates, represent the Construction Manager’s best judgment as a professional familiar with the construction industry. District acknowledges that the Construction Manager has no control over the cost of labor, materials, or equipment, over any contractor’s methods of determining bid prices, or over competitive bidding, market, or negotiating conditions. Accordingly, Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the District, or from any cost estimate or evaluation prepared by Construction Manager. 5.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approvalapproval of the plans and specifications, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 occur: 5.6.1 Give Construction Manager written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 Authorize Construction Manager to re-negotiate, at no additional cost to the District, 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). 5.6.3 Terminate this Agreement if the Project is abandoned by the District, District without further obligation by either partyparty except to pay fees earned. 5.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with bidding. Construction Manager performing will perform cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 above: 5.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the The combined total of base bid and all additive alternates come in equal or exceed ten percent (10%) or more under of the Construction Cost Budget; or 5.7.3 If the 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 locatedBay Area, 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.

Construction Cost Budget. 5.1 The Construction Manager shall have responsibility, along with the Architect, to develop, review, and reconcile the Construction Cost Budget with the Architect and the District throughout the design process and construction. 5.2 The Construction Cost Budget shall be the total cost to District of all elements of the Project designed or specified by the Project design professional(s), as defined in Article 1. 5.3 Construction Manager shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the construction cost of the work designed by the Project Design Team will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager shall notify the District if it believes the construction cost of the work by the Project Design Team will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project will exceed the Construction Cost Budget for the Project. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4 Evaluations of the District’s Construction Budget, and preliminary and detailed cost estimates prepared by the Construction Manager, represent the Construction Manager’s best judgment as a professional familiar with the construction industry. 5.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approval, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 occur: 5.6.1 Give Construction Manager written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 Authorize Construction Manager 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. 5.6.3 Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party. 5.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with Construction Manager performing cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 above: 5.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or 5.7.3 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.

Construction Cost Budget. 5.1 The Construction Manager Section 5.01 RGM shall have responsibility, along responsibility to work with the Architect, design team to develop, review, and reconcile the Construction Cost Budget with the Architect and the District construction cost budget throughout the design process and construction. 5.2 Section 5.02 The Construction Cost Budget construction cost budget shall be the total cost to District of all elements of the Project designed or specified by the Project design professional(s). The construction cost budget includes the construction phase compensation of RGM, as defined in Article 1.the Project design professional(s), the cost of the land, rights-of-way, financing or other costs which are the responsibility of the District. Section 5.3 Construction Manager Section 5.03 RGM shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, design professional(s) during the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” , so that the construction cost of the work designed by the Project Design Team design professional(s) will not exceed the Construction Cost Budgetconstruction cost budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager RGM shall notify the District if it believes the construction cost of the work by the Project Design Team design profession(s) will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project will exceed the Construction Cost Budget for the Projectbudget. The Construction ManagerRGM, however, shall not perform or be responsible for any design or architectural services. 5.4 Evaluations of the District’s Construction Budget, and preliminary and detailed cost estimates prepared by the Construction Manager, represent the Construction Manager’s best judgment as a professional familiar with Section 5.04 If the construction industry. 5.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approval, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 occur: 5.6.1 Give Construction Manager written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 Authorize Construction Manager 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. 5.6.3 Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party. 5.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with Construction Manager performing cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 above: 5.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or 5.7.3 If the Construction Cost Budget 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: Section 5.04.01 Give RGM written approval on an agreed adjustment to the Construction cost budget. Section 5.04.02 Authorize RGM to re-negotiate, where appropriate, or re-bid or re-solicit within three (3) months’ time (exclusive of District and other agencies’ review time) at an amount not to exceed $15,000. Section 5.04.03 Terminate this Agreement if the Project is abandoned, without further obligation by either party except as indicated in Article 10 Section 5.04.04 Work with the District and the Project design professional(s) to revise the drawings and specifications to bring the Project within the construction cost budget for re- bidding or re-soliciting, with RGM’s performing cost estimating, value engineering, and/or bidding and solicitation support at an additional cost to the District not to exceed fifteen thousand dollars ($15,000). Section 5.05 The construction cost budget shall be reconciled at the completion of each design phase.

Construction Cost Budget. 5.1 The Construction Manager shall have responsibility, along with the Architect, to develop, review, and reconcile the Construction Cost Budget with the Architect and the District throughout the design process and construction. 5.2 The Construction Cost Budget shall be the total cost to District of all elements of the Project designed or specified by the Project design professional(s), as defined in Article 1. 5.3 Construction Manager shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the construction cost of the work designed by the Project Design Team will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager shall notify the District if it believes the construction cost of the work by the Project Design Team will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project will exceed the Construction Cost Budget for the Project. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4 Evaluations of the District’s Construction Budget, and preliminary and detailed cost estimates prepared by the Construction Manager, represent the Construction Manager’s best judgment as a professional familiar with the construction industry. 5.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approval, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 occur: 5.6.1 Give Construction Manager written approval of an agreed adjustment to the Construction Cost Budget. 5.6.2 Authorize Construction Manager 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. 5.6.3 Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party. 5.6.4 Within three (3) months of receipt of bids, instruct Design Team 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 with Construction Manager performing cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 above: 5.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or 5.7.3 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 locatedTehama County, 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.

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, along with the Architect, responsibility to develop, review, and reconcile the Construction Cost Budget with the Architect. Architect and the District throughout the design process and construction. 5.2 The Construction Cost Budget shall be the total cost to District of complete all elements of the Project designed or specified by the Project design professional(s), as defined in Article 1. 5.3 Construction Manager shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, Services as described in Exhibit “A,” including all plans, designs, drawings, specifications and other Contract Documents, so that the construction cost of to construct the work designed by the Project Design Team Architect will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager Architect shall notify the District if it believes the construction maintain cost of the work by controls throughout the Project Design Team will exceed to deliver the Project within the Construction Cost Budget, and/or if it believes the construction cost of the Project will exceed the Construction Cost Budget for the Project. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4 Evaluations of the District’s Construction Budget, and preliminary and detailed cost estimates prepared by the Construction Manager, represent the Construction Manager’s best judgment as a professional familiar with the construction industry. 5.5 If the Bidding Phase has not commenced within ninety (90) days after DSA approval, the Construction Cost Budget may be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may, in its sole discretion, do one, or a combination, of the following if any of the events in Article 5.7 5.4 occur: 5.6.1 : Give Construction Manager Architect written approval of on an agreed adjustment to the Construction Cost Budget. 5.6.2 . Authorize Construction Manager Architect to re-negotiate, when appropriate, and/or re-bid the Project within three (3) months month’s time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District. 5.6.3 . Terminate this Agreement if the Project is abandoned by the District, without further obligation by either party. 5.6.4 . Within three (3) months months’ time of receipt of bids, instruct Design Team 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 with Construction Manager performing cost estimation, value engineering, constructability reviews, and/or bidding support at no additional cost to the District. 5.7 . If any of the following events occur, the District may exercise any one, or any combination, of the actions set forth in Article 5.6 5.3 above: 5.7.1 : The lowest responsive base bid received is in excess of five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 Budget; or If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or 5.7.3 or 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.

Construction Cost Budget. 5.1 5.1. The Construction Manager shall have responsibilitydevelop a cost estimate at each design phase, along with the Architect, to develop, reviewreview architect and third-party cost estimates, and reconcile participate in reconciling the Construction Cost Budget with the Architect Design Team, District’s third-party estimator, and the District throughout the design process and construction. 5.2 5.2. The Construction Cost Budget shall be the total cost to District of all elements of the Project designed or specified by the Project design professional(s)Design Team. The Construction Cost Budget does not include the compensation of the Construction Manager, as defined in Article 1the Design Team, sub-consultants, the cost of the land, rights-of-way, financing or other costs which are the responsibility of the District. 5.3 5.3. Construction Manager shall work cooperatively with the Project Design Team throughout the Project, including but not limited to, during the Schematic Design Phase, Design Development Phase, and Construction Documents Phase, as described in Exhibit “A,” so that the construction cost of the work designed by the Project Design Team will not exceed the Construction Cost Budget, as may be adjusted subsequently with the District’s written approval. The Construction Manager shall notify the District if it believes the construction cost of the work by the Project Design Team will exceed the Construction Cost Budget, and/or if it believes the construction cost of the Project will exceed the Construction Cost Budget for the Project. The Construction Manager, however, shall not perform or be responsible for any design or architectural services. 5.4 5.4. Evaluations of the District’s Construction Cost Budget, and preliminary and detailed cost estimates prepared by the Construction Manager, represent the Construction Manager’s best judgment as a professional familiar with the construction industry. 5.5 5.5. If the Bidding Procurement Phase has not commenced within ninety (90) days after DSA approval, the Construction Cost Budget may shall be adjusted at District’s request to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which proposals are sought. 5.6 The District may5.6. If any of the following events occur: 5.6.1. If the lowest responsive base bid or proposal received is in excess of ten percent (10%) of the Construction Cost Budget, or 5.6.2. If the combined total of base bid or proposal and all additive alternates come in fifteen percent (15%) or more under the Construction Cost Budget, or 5.6.3. If the Construction Cost Budget increases in phases subsequent to the Design Development Phase due to revisions in the project scope, then the District, in its sole discretion, do one, has one or a combination, combination of the following if any of the events in Article 5.7 occuralternatives: 5.6.1 5.6.3.1. Give the Construction Manager written approval of on an agreed adjustment to the Construction Cost Budget. 5.6.2 5.6.3.2. Authorize the Construction Manager to re-negotiate, when where appropriate, and/or or re-bid the Project or re-solicit within three (3) months time of receipt of bids (exclusive of District and other agencies’ review time) at no additional cost to the District. 5.6.3 5.6.3.3. Terminate this Agreement if the Project is abandoned by the Districtabandoned, without further obligation by either party. 5.6.4 Within three (3) months of receipt of bids, instruct 5.6.3.4. Instruct the Design Team 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 or re- soliciting, with Construction Manager Manager’s performing cost estimationestimating, value engineering, constructability reviews, and/or bidding and solicitation support at no additional cost to the District. 5.7 If 5.7. The Construction Cost Budget shall be reconciled at the completion of each design phase. No adjustment to the Construction Manager’s Fee shall result from any of the following events occur, described in Section 5.6 without the District may exercise any one, or any combination, prior written approval of the actions set forth in Article 5.6 above: 5.7.1 The lowest responsive base bid received is five percent (5%) or more in excess of the Construction Cost Budget or 5.7.2 If the combined total of base bid and all additive alternates come in ten percent (10%) or more under the Construction Cost Budget; or 5.7.3 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 economyDistrict.