Common use of Construction Cost Clause in Contracts

Construction Cost. If a Construction Cost Estimate is required to be provided by the CONSULTANT pursuant to a Services Authorization, then the following will apply: 6.2.2.1 The acceptance by the CITY at any time during the Basic Services of a revised opinion of Total Project Cost or Construction Cost Estimate in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost Estimate limit to the extent indicated in such revised opinion. 6.2.2.2 If a Construction Cost Estimate is established, the CONSULTANT will be permitted, with review and approval by the CITY, to determine what types of materials, equipment and component systems are to be included in the drawings and specifications and to make reasonable adjustments in the general scope, extent and character of the Project to bring it within the cost estimate. 6.2.2.3 If the Bidding or negotiating Phase of a Project has not commenced within six (6) months after completion of the Final Design Phase, the established Construction Cost Estimate will not be binding on the CONSULTANT, and the CITY shall consent to any reasonable adjustment in the Construction Cost Estimate commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Final Design Phase and the date on which proposals or bids are sought. 6.2.2.4 If the lowest bona fide proposal or bid exceeds the established Construction Cost Estimate by 15% or more, the CITY may, (1) give written approval to increase such Construction Cost Estimate, (2) authorize negotiating or rebidding of the Project within a reasonable time, or (3) cooperate in revising the Project's general scope, extent or character to the extent consistent with the Project's requirements and with sound professional practices. In the case of (3), the CONSULTANT shall modify the drawings and specifications as necessary to bring the construction cost within the Construction Cost Estimate. In lieu of other compensation for Services in making such modifications, the CITY shall pay the CONSULTANT's cost of such Services, all overhead expenses reasonably related thereto, and Reimbursable Expenses, but without profit to the CONSULTANT on account of such Services; and the CONSULTANT's providing these modification Services shall be the extent of the CONSULTANT's cost-estimating liability as memorialized in this Subsection.

Construction Cost. If a Construction Cost Estimate is required to be provided by the CONSULTANT pursuant to a Services Authorization, then the following will apply: 6.2.2.1 The acceptance by the CITY at any time during the Basic Services of a revised opinion of Total Project Cost or Construction Cost Estimate in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost Estimate limit to the extent indicated in such revised opinion. 6.2.2.2 If a Construction Cost Estimate is established, the CONSULTANT will be permitted, with review and approval by the CITY, to determine what types of materials, equipment and component systems are to be included in the drawings and specifications and to make reasonable adjustments in the general scope, extent and character of the Project to bring it within the cost estimate. 6.2.2.3 If the Bidding or negotiating Phase of a Project has not commenced within six (6) months after completion of the Final Design Phase, the established Construction Cost Estimate will not be binding on the CONSULTANT, and the CITY shall consent to any reasonable adjustment in the Construction Cost Estimate commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Final Design Phase and the date on which proposals or bids are sought. 6.2.2.4 If the lowest bona fide proposal or bid exceeds the established Construction Cost Estimate by 15% %, or more, the CITY may, (1) give written approval to increase such Construction Cost Estimate, (2) authorize negotiating or rebidding of the Project within a reasonable time, or (3) cooperate in revising the Project's general scope, extent or character to the extent consistent with the Project's requirements and with sound professional practices. In the case of (3), the CONSULTANT shall modify the drawings and specifications as necessary to bring the construction cost within the Construction Cost Estimate. In lieu of other compensation for Services in making such modifications, the CITY shall pay the CONSULTANT's cost of such Services, all overhead expenses reasonably related thereto, and Reimbursable Expenses, but without profit to the CONSULTANT on account of such Services; and the CONSULTANT's providing these modification Services shall be the extent of the CONSULTANT's cost-estimating liability as memorialized in this Subsection.

Construction Cost. If 3.2.1 Evaluations of the OWNER'S Project budget and estimates of Construction Cost, prepared by the DESIGN PROFESSIONAL, represent the DESIGN PROFESSIONAL'S best judgment as a design professional familiar with the construction industry. It is recognized that neither the DESIGN PROFESSIONAL nor the OWNER has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the DESIGN PROFESSIONAL cannot and does not warrant or represent that bids will not vary from the Project budget or from any estimate of Construction Cost Estimate is required to be provided or evaluation prepared by the CONSULTANT pursuant to a Services Authorization, then the following will apply:DESIGN PROFESSIONAL. 6.2.2.1 The acceptance by the CITY at any time during the Basic Services of a revised opinion of Total Project Cost or Construction Cost Estimate in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost Estimate limit 3.2.2 Prior to the extent indicated in such revised opinion. 6.2.2.2 If a Construction Cost Estimate is establishedBidding Phase the DESIGN PROFESSIONAL shall be permitted to include contingencies for design, the CONSULTANT will be permitted, with review bidding and approval by the CITYprice escalation, to determine what materials, equipment, component systems and types of materials, equipment and component systems construction are to be included in the drawings and specifications and Contract Documents, to make reasonable adjustments in the general scope, extent and character scope of the Project and to bring it within include in the cost estimateContract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 6.2.2.3 3.2.3 If the Bidding or negotiating Phase of a Project has not commenced within six three (63) months after completion the DESIGN PROFESSIONAL submits the Construction Documents to the OWNER, any Project budget or fixed limit of the Final Design Phase, the established Construction Cost Estimate will not shall be binding on the CONSULTANT, and the CITY shall consent adjusted to reflect any reasonable adjustment in the Construction Cost Estimate commensurate with any applicable change in the general level of prices in the construction industry between the date of completion submission of the Final Design Phase Construction Documents to the OWNER and the date on which proposals or bids are sought. 6.2.2.4 3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.2.3) is exceeded by the lowest bona fide proposal or bid exceeds the established Construction Cost Estimate by 15% or morebid, the CITY may, OWNER shall (1) give written approval to of an increase in such Construction Cost Estimatefixed limit, (2) authorize negotiating or rebidding of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Article 5, or (34) cooperate in revising the Project's general scope, extent or character Project scope and quality as required to reduce the extent consistent with the Project's requirements and with sound professional practicesConstruction Cost. In the case of (34), the CONSULTANT DESIGN PROFESSIONAL, without additional charge, shall modify the drawings and specifications Contract Documents, as necessary to bring comply with the fixed limit. The providing of such service, including rebidding of the Construction Contract, shall be the limit of the DESIGN PROFESSIONAL'S responsibility arising from the establishment of such fixed limit, and having done so, the DESIGN PROFESSIONAL shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase commences. 3.2.4.1 As a condition of the Agreement, the fixed limit of the construction cost within the Construction Cost Estimate. In lieu of other compensation (this amount is for Services in making such modificationsconstruction only and does not include architectural fees, the CITY shall pay the CONSULTANT's cost of such Servicestesting, all overhead expenses reasonably related thereto, and Reimbursable Expenses, but without profit to the CONSULTANT on account of such Services; and the CONSULTANT's providing these modification Services shall be the extent of the CONSULTANT's cost-estimating liability as memorialized in this Subsection.surveys or contingencies) is

Construction Cost. If 3.2.1. Evaluations of the OWNER’S Project budget and estimates of Construction Cost, prepared by the DESIGN PROFESSIONAL, represent the DESIGN PROFESSIONAL’S best judgment as a design professional familiar with the construction industry. It is recognized that neither the DESIGN PROFESSIONAL nor the OWNER has control over the cost of labor, materials or equipment, over the Contractor’s methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the DESIGN PROFESSIONAL cannot and does not warrant or represent that bids will not vary from the Project budget or from any estimate of Construction Cost Estimate is required to be provided or evaluation prepared by the CONSULTANT pursuant to a Services Authorization, then the following will apply:DESIGN PROFESSIONAL. 6.2.2.1 The acceptance by the CITY at any time during the Basic Services of a revised opinion of Total Project Cost or Construction Cost Estimate in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost Estimate limit 3.2.2. Prior to the extent indicated in such revised opinion. 6.2.2.2 If a Construction Cost Estimate is establishedBidding Phase, the CONSULTANT will DESIGN PROFESSIONAL shall be permittedpermitted to include contingencies for design, with review bidding, and approval by the CITY, price escalation to determine what materials, equipment, component systems, and types of materials, equipment and component systems construction are to be included in the drawings and specifications and Contract Documents, to make reasonable adjustments in the general scope, extent and character scope of the Project Project, and to bring it within include in the cost estimateContract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 6.2.2.3 3.2.3. If the Bidding or negotiating Phase of a Project has not commenced within six three (63) months after completion the DESIGN PROFESSIONAL submits the Construction Documents to the OWNER, any Project budget or fixed limit of the Final Design Phase, the established Construction Cost Estimate will not shall be binding on the CONSULTANT, and the CITY shall consent adjusted to reflect any reasonable adjustment in the Construction Cost Estimate commensurate with any applicable change in the general level of prices in the construction industry between the date of completion submission of the Final Design Phase Construction Documents to the OWNER and the date on which proposals or bids are sought. 6.2.2.4 3.2.4. If a Project budget or fixed limit of Construction Cost (adjusted as provided in paragraph 3.2.3) is exceeded by the lowest bona fide proposal or bid exceeds the established Construction Cost Estimate by 15% or morebid, the CITY may, OWNER shall: (1) give written approval to of an increase in such Construction Cost Estimate, fixed limit; (2) authorize negotiating or rebidding of the Project within a reasonable time; (3) if the Project is abandoned, terminate in accordance with ARTICLE 5; or (34) cooperate in revising the Project's general scope, extent or character Project scope and quality as required to reduce the extent consistent with the Project's requirements and with sound professional practicesConstruction Cost. In the case of (34), the CONSULTANT DESIGN PROFESSIONAL, without additional charge, shall modify the drawings and specifications Contract Documents, as necessary to bring comply with the fixed limit. The providing of such service, including rebidding of the Construction Contract, shall be the limit of the DESIGN PROFESSIONAL’S responsibility arising from the establishment of such fixed limit, and having done so, the DESIGN PROFESSIONAL shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase commences. 3.2.4.1. As a condition of the Agreement, the fixed limit of the construction cost within the Construction Cost Estimate. In lieu of other compensation (this amount is for Services in making such modificationsconstruction only and does not include architectural fees, the CITY shall pay the CONSULTANT's cost of such Servicestesting, all overhead expenses reasonably related thereto, and Reimbursable Expenses, but without profit to the CONSULTANT on account of such Services; and the CONSULTANT's providing these modification Services shall be the extent of the CONSULTANT's cost-estimating liability as memorialized in this Subsectionsurveys or contingencies) is $.00.

Construction Cost. If 3.2.1. Evaluations of the OWNER’S Project budget and estimates of Construction Cost, prepared by the DESIGN PROFESSIONAL, represent the DESIGN PROFESSIONAL’S best judgment as a design professional familiar with the construction industry. It is recognized that neither the DESIGN PROFESSIONAL nor the OWNER has control over the cost of labor, materials or equipment, over the Contractor’s methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the DESIGN PROFESSIONAL cannot and does not warrant or represent that bids will not vary from the Project budget or from any estimate of Construction Cost Estimate is required to be provided or evaluation prepared by the CONSULTANT pursuant to a Services Authorization, then the following will apply:DESIGN PROFESSIONAL. 6.2.2.1 The acceptance by the CITY at any time during the Basic Services of a revised opinion of Total Project Cost or Construction Cost Estimate in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost Estimate limit 3.2.2. Prior to the extent indicated in such revised opinion. 6.2.2.2 If a Construction Cost Estimate is establishedBidding Phase, the CONSULTANT will DESIGN PROFESSIONAL shall be permittedpermitted to include contingencies for design, with review bidding, and approval by the CITY, price escalation to determine what materials, equipment, component systems, and types of materials, equipment and component systems construction are to be included in the drawings and specifications and Contract Documents, to make reasonable adjustments in the general scope, extent and character scope of the Project Project, and to bring it within include in the cost estimateContract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 6.2.2.3 3.2.3. If the Bidding or negotiating Phase of a Project has not commenced within six three (63) months after completion the DESIGN PROFESSIONAL submits the Construction Documents to the OWNER, any Project budget or fixed 3.2.4. If a Project budget or fixed limit of the Final Design Phase, the established Construction Cost Estimate will not be binding on the CONSULTANT, and the CITY shall consent to any reasonable adjustment (adjusted as provided in the Construction Cost Estimate commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Final Design Phase and the date on which proposals or bids are sought. 6.2.2.4 If paragraph 3.2.3) is exceeded by the lowest bona fide proposal or bid exceeds the established Construction Cost Estimate by 15% or morebid, the CITY may, OWNER shall: (1) give written approval to of an increase in such Construction Cost Estimate, fixed limit; (2) authorize negotiating or rebidding of the Project within a reasonable time; (3) if the Project is abandoned, terminate in accordance with ARTICLE 5; or (34) cooperate in revising the Project's general scope, extent or character Project scope and quality as required to reduce the extent consistent with the Project's requirements and with sound professional practicesConstruction Cost. In the case of (34), the CONSULTANT DESIGN PROFESSIONAL, without additional charge, shall modify the drawings and specifications Contract Documents, as necessary to bring comply with the fixed limit. The providing of such service, including rebidding of the Construction Contract, shall be the limit of the DESIGN PROFESSIONAL’S responsibility arising from the establishment of such fixed limit, and having done so, the DESIGN PROFESSIONAL shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase commences. 3.2.4.1. As a condition of the Agreement, the fixed limit of the construction cost within the Construction Cost Estimate. In lieu of other compensation (this amount is for Services in making such modificationsconstruction only and does not include architectural fees, the CITY shall pay the CONSULTANT's cost of such Servicestesting, all overhead expenses reasonably related thereto, and Reimbursable Expenses, but without profit to the CONSULTANT on account of such Services; and the CONSULTANT's providing these modification Services shall be the extent of the CONSULTANT's cost-estimating liability as memorialized in this Subsectionsurveys or contingencies) is $.00.