Common use of Cost and Budget Clause in Contracts

Cost and Budget. The Program Manager acknowledges that the Owner has appropriated a fixed amount of money for the Project. In this regard, the Program Manager shall manage the Total Project Budget, which includes both the design and the construction budget. During Phase I, the Program Manager shall, as a part of its budget and cost control services, review, coordinate, and process for Using Agency and Owner approval all proposed program changes. The Program Manager shall regularly submit progress reports, including cost information, to the Owner as the Using Agency’s Program is developed. During all Phases the Program Manager shall process the Design Professional’s payment invoices pursuant to the Design Professional’s contract and the CM/GC’s applications for payment pursuant to the CM/GC’s contract and shall advise the Owner as to approval of payments. As the Design Professional’s design progresses, the Program Manager shall regularly continue the Program Manager’s cost and budget analysis and keep the Owner apprised of the design progress, change requests and the potential budgetary impact. Notwithstanding anything to the contrary contained in this or any other provision of this Agreement, the Program Manager agrees to use its best efforts to deliver to the Owner all the information that the Owner needs to (a) ensure that the Using Agency’s Program is accomplished with the established level of construction quality, (b) control the Total Project Budget, and (c) ensure that construction of the Project is completed within the Total Budget as it may be amended.