Common use of Cost of Construction Clause in Contracts

Cost of Construction. 1. During the Schematic Design, Design Development and Construction Document Phases, Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for the PROJECT. 2. PROJECT Construction Cost as used in this agreement means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including work covered by approved change orders and/or alternates approved by the DISTRICT, but excluding the following: Any payments to ARCHITECT or consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs shall be the acceptable estimate of construction costs of the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, 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 bids are sought for the PROJECT. 6. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limit; b. The DISTRICT may authorize rebidding of the PROJECT within a reasonable time. c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction cost. 7. If the DISTRICT chooses to proceed under Article V, paragraph 6(e), the ARCHITECT, without additional charge, agrees to redesign until the PROJECT is brought within the Budget set forth in this agreement. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed in writing by the DISTRICT. Redesign means redesign of the PROJECT with all its component parts to meet the Budget set forth in this AGREEMENT.

Cost of Construction. 1. During the Schematic Design, Design Development Development, and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for approved by the PROJECTDISTRICT pursuant to Article IV, Section 2. 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT, means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICT. The Construction Cost shall not include any costs that are not specifically referenced in this Article V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to the ARCHITECT or other DISTRICT consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3. If the PROJECT is using the multiple-prime delivery method of construction, the Construction Manager’s fees and/or general conditions will only be included in the total Construction Cost used to calculate the ARCHITECT’s fee only if agreed upon in writing by the DISTRICT. Absent any written agreement, the Construction Manager’s fees or general conditions shall not be included in the total Construction Cost used to calculate the ARCHITECT’s fee. 4. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 45. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 56. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, DISTRICT 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 bids are sought for the PROJECT. 67. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limitlimit and proceed with the construction of the PROJECT; b. The DISTRICT may authorize rebidding of the PROJECT within a reasonable time.; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph Section 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction costConstruction Cost. 78. If the DISTRICT chooses to proceed under Article V, paragraph 6(eSection 7(e), the ARCHITECT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICT. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT.

Cost of Construction. 1. During the Schematic Design, Design Development Development, and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for approved by the PROJECTDISTRICT pursuant to Article IV, Section 2. 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT, means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICT. The Construction Cost shall not include any costs that are not specifically referenced in this Article V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to the ARCHITECT or other DISTRICT consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, DISTRICT 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 bids are sought for the PROJECT. 6. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limitlimit and proceed with the construction of the PROJECT; b. The DISTRICT may authorize rebidding of the PROJECT within a reasonable time.; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph Section 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction costConstruction Cost. 7. If the DISTRICT chooses to proceed under Article V, paragraph Section 6(e), the ARCHITECT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICT. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT.

Cost of Construction. 1. During the Schematic Design, Design Development and Construction Document Phases, Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for the PROJECT. 2. PROJECT Construction Cost as used in this agreement means the total cost to the DISTRICT of all work designed or specified by the ARCHITECTENGINEER, including work covered by approved change orders and/or alternates approved by the DISTRICT, but excluding the following: Any payments to ARCHITECT ENGINEER or consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs shall be the acceptable estimate of construction costs of the DISTRICT as submitted by the ARCHITECT ENGINEER until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT ENGINEER submits the Construction Documents to the DISTRICT, 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 bids are sought for the PROJECT. 6. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limit; b. The DISTRICT may authorize rebidding of the PROJECT within a reasonable time. c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph 2; d. The DISTRICT may request the ARCHITECT ENGINEER prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT ENGINEER cooperate in revising the PROJECT scope and quality as required to reduce the construction cost. 7. If the DISTRICT chooses to proceed under Article V, paragraph 6(e), the ARCHITECTENGINEER, without additional charge, agrees to redesign until the PROJECT is brought within the Budget set forth in this agreement. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed in writing by the DISTRICT. Redesign means redesign of the PROJECT with all its component parts to meet the Budget set forth in this AGREEMENT.

Cost of Construction. 1. During the Schematic Design, Design Development and Construction Document Phases, Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for the PROJECT. 2. PROJECT Construction Cost as used in this agreement AGREEMENT means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including work covered by approved change orders and/or alternates approved by the DISTRICT, but excluding the following: Any payments to ARCHITECT or consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs Cost shall be the acceptable estimate of construction costs of to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, 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 bids are sought for the PROJECT. 6. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limit; b. The DISTRICT may authorize rebidding of the PROJECT within a reasonable time.; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction cost. 7. If the DISTRICT chooses to proceed under Article V, paragraph 6(e), the ARCHITECT, without additional charge, agrees to redesign until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed in writing by the DISTRICT. Redesign means redesign of the PROJECT with all its component parts to meet the Budget set forth in this AGREEMENT.

Cost of Construction. 1. During 7.1 For the Schematic Designpurposes of this Agreement, Design Development and the Cost of Construction Document Phases, Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for the PROJECT. 2. PROJECT Construction Cost as used in this agreement means the total cost to the DISTRICT Owner to construct all elements of all work the Project designed or specified by the ARCHITECTArchitect/ Engineer and shall include Contractor’s general conditions costs, including work covered by approved overhead and profit. The Cost of Construction does not include the compensation of the Architect/ Engineer, the costs of land acquisition, rights-of-way, financing, Owner’s design and construction contingencies for change orders in the Work, or other costs that are the responsibility of the Owner. 7.1.1 For projects involving a Construction Manager/ General Contractor, the CM/ GC Pre-Construction, CM/ GC Construction, and CM/GC Contingencies are part of the Cost of Construction. 7.2 The Owner’s budget for the Cost of Construction is provided in the Initial Information, and may be adjusted throughout the Project as required and/or alternates approved stipulated throughout the provisions of this Agreement. Evaluations of the Owner’s budget for the Cost of Construction, the preliminary estimate of the Cost of Construction and updated estimates of the Cost of Construction prepared by the DISTRICTArchitect/ Engineer, represent the Architect/ Engineer’s judgement as a design professional. 7.2.1 It is recognized by the Owner and the Architect/ Engineer, however, that neither the Architect/ Engineer nor the Owner has control over the cost of labor, materials or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market or negotiating conditions. Therefore, the Architect/ Engineer cannot and does not warrant or represent that bids or negotiated prices will not vary reasonably from the Owner’s budget for the Cost of Construction or from any estimate of the Cost of Construction or evaluation prepared or agreed by the Architect/ Engineer. 7.3 In preparing the Estimates of the Cost of Construction, the Architect/ Engineer shall be permitted to include design contingencies during Phase A and B for components and systems not yet defined or determined in the design of the Project; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make recommendations to the Owner for reasonable adjustments in the program and scope of the Project; and to It is recognized and agreed that the Owner has a construction contingency for bidding and price escalation and therefore, the Architect/ Engineer shall not include a contingency during Phase C. 7.4 If at any time the Architect/ Engineer estimates that the Cost of Construction exceeds the Owner’s budget for the Cost of Construction, the Architect/ Engineer shall immediately notify the Owner and provide to the Owner, within a reasonable time, appropriate recommendations to adjust the Project’s size, quality, or budget for the Cost of Construction, and the Owner will cooperate with the Architect/ Engineer in making reasonable adjustments. 7.5 When it is determined by the Owner and the Architect/ Engineer, mutually, that specific items of the Work need to be included in the Bidding Documents, but excluding were they part of a single package, might cause all bids to exceed the following: Any payments Owner’s budget for the Cost of Construction; and that the specific items of the Work can successfully be separated from the Base Bid and a separate Alternate Bid received; and the opportunity exists for the Architect/ Engineer to ARCHITECT or consultants, review the Base Bid with the Owner’s budget for costs the Cost of inspections, surveys, tests, Construction and landscaping then accept only the Bid Alternates (in a pre-determined order) which do not included result in PROJECTthe total Contact Price exceeding the Owner’s budget for the Cost of Construction. The Architect/ Engineer shall develop the Instruments of Service necessary to identify the Alternates in the Bidding Documents as a part of its Basic Services and without additional compensation. 3. When labor 7.6 If the Bidding or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs shall be the acceptable estimate of construction costs of the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost shall be adjusted if the bidding Negotiation Phase has not commenced within ninety (90) calendar days after the ARCHITECT Architect/ Engineer submits the Construction Contract Documents to the DISTRICTOwner, through no fault of the Architect/ Engineer, the Owner will cooperate with the Architect/ Engineer to reflect changes in review the Architect/ Engineer’s estimate for the Cost of Construction with the current general level of prices in the construction industry between market. Should it be necessary for the date Architect/ Engineer to adjust the Project’s size, quality, or budget for the Cost of submission Construction, and the Owner will cooperate with the Architect/ Engineering in making reasonable adjustments. In this case, the Owner shall reimburse the Architect/ Engineer for any such extra work as described under the provisions of this Agreement. 7.7 If the Owner’s budget for the Cost of Construction at the conclusion of the Construction Documents to the DISTRICT and the date on which bids are sought for the PROJECT. 6. If Phase Services is exceeded by the lowest bona fide bid received exceeds or negotiated proposal, the BudgetOwner will: a. The DISTRICT may 1) identify the availability of funds for an increase in the Cost of Construction and give written approval of an increase in the budget for the Cost of such fixed limitConstruction; b. The DISTRICT may 2) authorize rebidding or renegotiating of the PROJECT Project, within a reasonable time. c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph 2; d. The DISTRICT may request 3) in consultation with the ARCHITECT prepareArchitect/ Engineer, at no additional costrevise the Project program, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and scope, or quality as required to reduce the construction cost.Cost of Construction; 7. 4) implement any other mutually acceptable alternative; or 5) terminate this Agreement pursuant to 200 KAR 5:312 and Article 10 of this Agreement; 7.7.1 If the DISTRICT Owner chooses to proceed under Article Vparagraph 7.7, paragraph 6(e)item 1, the ARCHITECT, Architect/ Engineer without additional chargecompensation, agrees shall proceed after authorization from the Owner with Phase D Services. 7.7.2 If the Owner chooses to redesign until proceed under paragraph 7.7, item 2, the PROJECT Architect/ Engineer without additional compensation, shall assist the Owner with bidding/ negotiations. 7.7.3 If the Owner chooses to proceed under paragraph 7.7, items 3 or 4, the Architect/ Engineer without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of Construction at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under paragraph 7.7, item 1. The Architect/ Engineer’s responsibility under Article 7 shall conclude when either 1) a bid or negotiation is brought received from a bona fide proposal that is within the Budget set forth in this agreement. Redesign does not mean phasing Owner’s budget for the Cost of Construction or removal of parts of 2) the PROJECT unless agreed in writing by the DISTRICT. Redesign means redesign of the PROJECT with all its component parts Owner chooses to meet the Budget set forth in this AGREEMENTproceed under paragraph 7.7, item 5.

Cost of Construction. 1. During the Schematic Design, Design Development Development, and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for approved by the PROJECTDISTRICT pursuant to Article IV, Section 2. 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT, means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICT. The Construction Cost shall not include any costs that are not specifically referenced in this Article V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to the ARCHITECT or other DISTRICT consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3. If the PROJECT is using the multiple-prime delivery method of construction, the Construction Manager’s fees and/or general conditions will only be included in the total Construction Cost used to calculate the ARCHITECT’s fee only if agreed upon in a separate writing approved by the DISTRICT. Absent any written agreement, the Construction Manager’s fees or general conditions shall not be included in the total Construction Cost used to calculate the ARCHITECT’s fee. 4. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 45. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 56. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, DISTRICT 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 bids are sought for the PROJECT. 67. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limitlimit and proceed with the construction of the PROJECT; b. The DISTRICT may authorize rebidding of the PROJECT within a reasonable time.; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph Section 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction costConstruction Cost. 715. If the DISTRICT chooses to proceed under Article V, paragraph 6(eSection 7(e), the ARCHITECT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICT. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT.

Cost of Construction. 1. During As used herein, the Schematic Designterm "Cost of Construction" -------------------- shall mean and refer to the following costs, Design Development expenses and Construction Document Phasesfees incurred by or on behalf of Landlord in connection with Landlord's Work: (i) architectural, Construction Cost engineering and design costs, (“Construction Cost”ii) shall be reconciled against the DISTRICT’s Budget cost charged to Landlord by Landlord's general contractor and all subcontractors for performing such construction, and (iii) the PROJECT. 2. PROJECT Construction Cost as used in this agreement means the total actual cost to the DISTRICT Landlord of all work designed or specified by the ARCHITECTperforming directly any portion of such construction. Landlord has heretofore competitively bid Landlord's Work for Phase I to three general contractors and, including work covered by approved change orders and/or alternates approved by the DISTRICTwith Tenant's consent, but excluding the following: Any payments to ARCHITECT or consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3has selected Xxxxxxx Construction as Landlord's general contractor. When labor or material is furnished by the DISTRICT below its market costLandlord's Work for Phase I has been substantially completed, the Cost of Construction for Phase I will be totaled. If such total (the "Phase I Total") exceeds an allowance (the "Allowance") of $25.00 per rentable square foot for Phase I plus $10.00 per rentable square foot for Phase II for a total Allowance of $1,263,630 ("Phase I Excess Cost"), the amount of the Phase I Excess Cost shall be based upon current market cost due and payable by Tenant to Landlord within thirty (30) days after Tenant's receipt of labor Landlord's computation of the Phase I Total, together with reasonable supporting backup documentation, and new material. 4a xxxx for the Phase I Excess Cost. The Construction Costs Such payment shall be due as Additional Rent hereunder. If the acceptable estimate of construction costs of Phase I Total is less than the DISTRICT as submitted by Allowance (a "Phase I Cost Decrease"), the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost Phase I Cost Decrease shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents credited against Tenant's obligation to the DISTRICT, 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 bids are sought pay for the PROJECT. 6. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval Cost of an increase Construction of such fixed limit; b. The DISTRICT may authorize rebidding of the PROJECT within a reasonable time. c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality Phase II as required to reduce the construction cost. 7. If the DISTRICT chooses to proceed under Article V, paragraph 6(e), the ARCHITECT, without additional charge, agrees to redesign until the PROJECT is brought within the Budget set forth in this agreementthe next paragraph. Redesign does not mean phasing or removal When Landlord's Work for Phase II has been substantially completed, the Cost of parts of Construction for Phase II will be totaled (the PROJECT unless agreed in writing by the DISTRICT"Phase II Total"). Redesign means redesign of the PROJECT with all its component parts to meet the Budget set forth in this AGREEMENT.If the

Cost of Construction. 1. During the Schematic Design, Design Development Development, and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for approved by the PROJECTDISTRICT pursuant to Article IV, Section 2. 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT and further defined in Exhibit “E”, means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICT. The Construction Cost shall not include any costs that are not specifically referenced in this Article V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to the ARCHITECT or other DISTRICT consultants, for costs of inspections, surveys, tests, furniture and equipment not fixed to the building, and landscaping not included in PROJECT. 3. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, DISTRICT 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 bids are sought for the PROJECT. 6. The DISTRICT is relying on the ARCHITECT’s expertise regarding the cost of construction. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limit;limit and proceed with the construction of the PROJECT;‌ b. The DISTRICT may authorize renegotiation, when appropriate, or rebidding of the PROJECT within a reasonable time.time at no additional cost to the DISTRICT; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph Section 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; oror‌ e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction costConstruction Cost. 7. If the DISTRICT chooses to proceed under Article V, paragraph Section 6(e), the ARCHITECT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICT. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT. If the DISTRICT chooses to proceed under Article V, Section 6(e) ARCHITECT’s remaining obligations under this AGREEMENT shall not be affected.

Cost of Construction. 1. During the Schematic Design, Design Development Development, and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for approved by the PROJECTDISTRICT pursuant to Article IV, Section 2. 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT and further defined in Exhibit “E”, means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICT. The Construction Cost shall not include any costs that are not specifically referenced in this Article V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to the ARCHITECT or other DISTRICT consultants, for costs of inspections, surveys, tests, furniture and equipment not fixed to the building, and landscaping not included in PROJECT. 3. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents DSA approved documents to the DISTRICT, DISTRICT to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents DSA approved documents to the DISTRICT and the date on which bids are sought for the PROJECT. 6. The DISTRICT is relying on the ARCHITECT’s expertise regarding the cost of construction. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limit;limit and proceed with the construction of the PROJECT;‌ b. The DISTRICT may authorize renegotiation, when appropriate, or rebidding of the PROJECT within a reasonable time.time at no additional cost to the DISTRICT; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph Section 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction costConstruction Cost. 7. If the DISTRICT chooses to proceed under Article V, paragraph Section 6(e), the ARCHITECT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICT. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT. If the DISTRICT chooses to proceed under Article V, Section 6(e) ARCHITECT’s remaining obligations under this AGREEMENT shall not be affected.

Cost of Construction. 1. During the Schematic Design, Design Development Development, and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for approved by the PROJECTDISTRICT pursuant to Article IV, Section 2. 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT and further defined in Exhibit “E”, means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICT. The Construction Cost shall not include any costs that are not specifically referenced in this Article V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to the ARCHITECT or other DISTRICT consultants, for costs of inspections, surveys, tests, furniture and equipment not fixed to the building, and landscaping not included in PROJECT. 3. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents DSA approved documents to the DISTRICT, DISTRICT to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents DSA approved documents to the DISTRICT and the date on which bids are sought for the PROJECT. 6. The DISTRICT is relying on the ARCHITECT’s expertise regarding the cost of construction. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limitlimit and proceed with the construction of the PROJECT; b. The DISTRICT may authorize renegotiation, when appropriate, or rebidding of the PROJECT within a reasonable time.time at no additional cost to the DISTRICT; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph 2;Section 2;‌ d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction costConstruction Cost. 7. If the DISTRICT chooses to proceed under Article V, paragraph Section 6(e), the ARCHITECT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICT. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT. If the DISTRICT chooses to proceed under Article V, Section 6(e) ARCHITECT’s remaining obligations under this AGREEMENT shall not be affected.

Cost of Construction. 1. During i. For purposes of this Agreement, the Schematic Design, Design Development and Cost of the Construction Document Phases, Construction Cost (“Construction Cost”) Work shall be reconciled against the DISTRICT’s Budget for the PROJECT. 2. PROJECT Construction Cost as used in this agreement means the total cost to the DISTRICT Owner to construct all elements of all work the Project designed or specified by the ARCHITECTArchitect and shall include contractors’ general conditions costs, including work covered by approved change orders and/or alternates approved overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights- of-way, financing, Owner directed revisions in the Work or other costs that are the responsibility of the Owner. ii. The Cost of the Work prepared by the DISTRICTArchitect, but excluding represents the following: Any payments Architect’s judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to ARCHITECT or consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECTby the Architect. 3iii. When labor or material is furnished by The Architect’s estimate of the DISTRICT below its market cost, Cost of the Construction Cost Work shall be based upon on current market area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost of labor and new materialestimating services, the Architect shall provide such services as an Additional Service. 4iv. The Construction Costs shall be If at any time the acceptable Architect’s estimate of construction costs the Cost of the DISTRICT as submitted by Work exceeds the ARCHITECT until such time as bids have been received, whereupon it shall be Owner’s budget for the bid amount Cost of the lowest responsible responsive bidderWork, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the Owner will cooperate with the Architect in making such adjustments. 5. Any Budget or fixed limit v. If the Owner’s budget for the Cost of construction cost shall be adjusted if the bidding has not commenced within ninety (90) days after Work at the ARCHITECT submits the Construction Documents to the DISTRICT, to reflect changes in the general level of prices in the construction industry between the date of submission conclusion of the Construction Documents to the DISTRICT and the date on which bids are sought for the PROJECT. 6. If Phase Services is exceeded by the lowest bona fide bid received exceeds or negotiated proposal, the Budget:Owner shall a. The DISTRICT may a) give written approval of an increase in the budget for the Cost of such fixed limitthe Work; b. The DISTRICT may b) authorize rebidding or renegotiating of the PROJECT Project within a reasonable time.; c. If the PROJECT is abandoned, the DISTRICT may c) terminate this AGREEMENT in accordance with Article VIII, Paragraph 2General Conditions; d. The DISTRICT may request d) in consultation with the ARCHITECT prepareArchitect, at no additional costrevise the Project program, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and scope, or quality as required to reduce the construction costCost of the Work; or e) implement any other mutually acceptable alternative. 7vi. If the DISTRICT Owner chooses to proceed under Article V, paragraph 6(e)to revise the program and rebid, the ARCHITECTArchitect, without with additional chargecompensation to be negotiated with the Owner, agrees shall modify the Construction Documents as necessary to redesign until comply with the PROJECT is brought within Owner’s budget for the Budget set forth in this agreement. Redesign does not mean phasing or removal of parts Cost of the PROJECT unless agreed in writing by Work at the DISTRICT. Redesign means redesign conclusion of the PROJECT with all its component parts to meet Construction Documents Phase Services, or the Budget set forth in this AGREEMENTbudget as adjusted. The Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility.

Cost of Construction. 1. The construction cost shall be the total cost or estimated cost to the DISTRICT of all elements of the PROJECT designed or specified by the ARCHITECT. 2. During the Schematic Design, and Design Development and Construction Document Phases, Construction Cost (“Construction Cost”) construction cost shall be reconciled against determined by the DISTRICT’s Budget 's budget for the PROJECT. Construction costs will be assessed during the Design Development phase and upon approval by the District, will be adjusted if necessary for the Construction Document phase. 23. PROJECT Construction Cost as used in this agreement means During the total bidding phase, construction cost to the DISTRICT of all work designed or specified shall be determined by the ARCHITECTlowest responsible bid. 4. During construction, including work covered construction cost shall be determined by approved the contract sum or as amended by any change orders and/or alternates approved by the DISTRICT, but excluding the following: Any payments to ARCHITECT or consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs shall be the acceptable estimate of construction costs of the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Construction cost does not include the compensation of the ARCHITECT and ARCHITECT's consultants, or other costs which are the responsibility of the DISTRICT. 6. The ARCHITECT's evaluations of the DISTRICT's PROJECT budget, preliminary estimates of construction cost and detailed estimates of construction cost, if any, represent the ARCHITECT's best judgment as a professional familiar with the construction industry. 7. A fixed limit of construction cost shall be established at the completion of Design Development documents as a condition of this AGREEMENT. The ARCHITECT shall furnish a proposal to establish the construction cost and obtain DISTRICT agreement in writing before commencing with the Construction Document phase. 8. Any Budget PROJECT budget or fixed limit of construction cost shall be adjusted adjusted, according to the most recent inflationary rate as reflected in ENR, if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, 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 bids are sought for the PROJECT. 69. If the lowest bid received exceeds the Budgetfixed limit of construction cost (adjusted as provided in paragraph 8), the DISTRICT shall: a. The DISTRICT may give written approval of an increase of such fixed limit; ; b. The DISTRICT may authorize rebidding of the PROJECT within a reasonable time.; c. If if the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT it in accordance with Article VIIIVII, Paragraph 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budgetparagraph 3; or e. The DISTRICT may request the ARCHITECT cooperate x. xxxxxxxxx in revising the PROJECT scope and quality as required to reduce the construction cost. 710. If the DISTRICT chooses to proceed under Article V, paragraph 6(e9(d), the ARCHITECT, without additional charge, agrees shall modify the construction contract as necessary to redesign until comply with the PROJECT is brought within the Budget set forth in this agreement. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed in writing by the DISTRICT. Redesign means redesign of the PROJECT with all its component parts to meet the Budget set forth in this AGREEMENTfixed limit.

Cost of Construction. 1. During the Schematic Design, Design Development Development, and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for approved by the PROJECTDISTRICT pursuant to ARTICLE IV, Section 2. 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT, means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICT. The Construction Cost shall not include any costs that are not specifically referenced in this ARTICLE V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to the ARCHITECT or other DISTRICT consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3. If the PROJECT is using the multiple-prime delivery method of construction, the Construction Manager’s fees and/or general conditions will only be included in the total Construction Cost used to calculate the ARCHITECT’s fee only if agreed upon in writing by the DISTRICT. Absent any written agreement, the Construction Manager’s fees or general conditions shall not be included in the total Construction Cost used to calculate the ARCHITECT’s fee. 4. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 45. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 56. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, DISTRICT 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 bids are sought for the PROJECT. 67. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limit;limit and proceed with the construction of the PROJECT;‌ b. The DISTRICT may authorize rebidding of the PROJECT within a reasonable time.; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph ARTICLE VIII Section 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction costConstruction Cost. 78. If the DISTRICT chooses to proceed under Article ARTICLE V, paragraph 6(e), Section 7(e) the ARCHITECT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICT. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT.

Cost of Construction. 1. During the Schematic Design, Design Development Development, and Construction Document Phases, the CONSULTANT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for approved by the PROJECTDISTRICT pursuant to Article IV, Section 2. 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT and further defined in Exhibit “E”, means the total cost to the DISTRICT of all work designed or specified by the ARCHITECTCONSULTANT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICT. The Construction Cost shall not include any costs that are not specifically referenced in this Article V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to ARCHITECT the CONSULTANT or other DISTRICT consultants, for costs of inspections, surveys, tests, furniture and equipment not fixed to the building, and landscaping not included in PROJECT. 3. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT as submitted by the ARCHITECT CONSULTANT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT CONSULTANT submits the Construction Documents approved documents to the DISTRICT, DISTRICT to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents approved documents to the DISTRICT and the date on which bids are sought for the PROJECT. 6. The DISTRICT is relying on the CONSULTANT’s expertise regarding the cost of construction. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limit;limit and proceed with the construction of the PROJECT;‌ b. The DISTRICT may authorize renegotiation, when appropriate, or rebidding of the PROJECT within a reasonable time.time at no additional cost to the DISTRICT; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph Section 2; d. The DISTRICT may request the ARCHITECT CONSULTANT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT CONSULTANT cooperate in revising the PROJECT scope and quality as required to reduce the construction costConstruction Cost. 7. If the DISTRICT chooses to proceed under Article V, paragraph Section 6(e), the ARCHITECTCONSULTANT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICT. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT. If the DISTRICT chooses to proceed under Article V, Section 6(e) CONSULTANT’s remaining obligations under this AGREEMENT shall not be affected.

Cost of Construction. 1. During the Schematic Design, Design Development Development, and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for approved by the PROJECT. DISTRICT pursuant to ARTICLE IV, Section 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT, means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICT. The Construction Cost shall not include any costs that are not specifically referenced in this ARTICLE V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to the ARCHITECT or other DISTRICT consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3. If the PROJECT is using the multiple-prime delivery method of construction, the Construction Manager’s fees and/or general conditions will only be included in the total Construction Cost used to calculate the ARCHITECT’s fee only if agreed upon in writing by the DISTRICT. Absent any written agreement, the Construction Manager’s fees or general conditions shall not be included in the total Construction Cost used to calculate the ARCHITECT’s fee. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, DISTRICT 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 bids are sought for the PROJECT. 6. If the lowest bid received exceeds the Budget: a. : The DISTRICT may give written approval of an increase of such fixed limit; b. limit and proceed with the construction of the PROJECT; The DISTRICT may authorize rebidding of the PROJECT within a reasonable time. c. ; If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph ARTICLE VIII Section 2; d. ; The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. or The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction cost. 7Construction Cost. If the DISTRICT chooses to proceed under Article ARTICLE V, paragraph 6(e), Section 7(e) the ARCHITECT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICT. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT.

Cost of Construction. 1. During the Schematic Design, Design Development Development, and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for approved by the PROJECTDISTRICT pursuant to Article IV, Section 2. 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT and further defined in Exhibit “E”, means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICT. The Construction Cost shall not include any costs that are not specifically referenced in this Article V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to the ARCHITECT or other DISTRICT consultants, for costs of inspections, surveys, tests, furniture and equipment not fixed to the building, and landscaping not included in PROJECT. 3. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, DISTRICT 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 bids are sought for the PROJECT. 6. The DISTRICT is relying on the ARCHITECT’s expertise regarding the cost of construction. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limitlimit and proceed with the construction of the PROJECT; b. The DISTRICT may authorize renegotiation, when appropriate, or rebidding of the PROJECT within a reasonable time.time at no additional cost to the DISTRICT; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph Section 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; oror‌ e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction costConstruction Cost. 7. If the DISTRICT chooses to proceed under Article V, paragraph Section 6(e), the ARCHITECT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICT. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT. If the DISTRICT chooses to proceed under Article V, Section 6(e) ARCHITECT’s remaining obligations under this AGREEMENT shall not be affected.

Cost of Construction. 1. During the Schematic Design, Design Development and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Construction Budget for approved by the PROJECTDISTRICT pursuant to EXHIBIT “E”. 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT and further defined in Exhibit “E”, means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICT. The Construction Cost shall not include any costs that are not specifically referenced in this Article V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to the ARCHITECT or other DISTRICT consultants, for costs of inspections, surveys, tests, furniture and equipment not fixed to the building, and landscaping not included in PROJECT. 3. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents DSA approved documents to the DISTRICT, DISTRICT to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents DSA approved documents to the DISTRICT and the date on which bids are sought for the PROJECT. 6. The DISTRICT is relying on the ARCHITECT’s expertise regarding the cost of construction. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limit;limit and proceed with the construction of the PROJECT;‌ b. The DISTRICT may authorize renegotiation, when appropriate, or rebidding of the PROJECT within a reasonable time.time at no additional cost to the DISTRICT; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph Section 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; oror‌ e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction costConstruction Cost. 7. If the DISTRICT chooses to proceed under Article V, paragraph Section 6(e), the ARCHITECT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICT. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT. If the DISTRICT chooses to proceed under Article V, Section 6(e) ARCHITECT’s remaining obligations under this AGREEMENT shall not be affected.

Cost of Construction. 1. During the Schematic Design, Design Development and Construction Document Phases, Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for the PROJECT. 2. PROJECT Construction Cost as used in this agreement means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including work covered by approved change orders and/or alternates approved by the DISTRICT, but excluding the following: Any payments to ARCHITECT or consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 4. The Construction Costs shall be the acceptable estimate of construction costs of the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 5. Any Budget or fixed limit of construction cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, 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 bids are sought for the PROJECT. 6. If the lowest bid received exceeds the Budget:: limit; a. The DISTRICT may give written approval of an increase of such fixed limit;fixed b. The DISTRICT may authorize rebidding of the PROJECT within a reasonable time. c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction cost. 7. If the DISTRICT chooses to proceed under Article V, paragraph 6(e), the ARCHITECT, without additional charge, agrees to redesign until the PROJECT is brought within the Budget set forth in this agreement. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed in writing by the DISTRICT. Redesign means redesign of the PROJECT with all its component parts to meet the Budget set forth in this AGREEMENT.

Cost of Construction. 1. During the Schematic Design, Design Development Development, and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for approved by the PROJECTDISTRICT pursuant to ARTICLE IV, Section 2. 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT, means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICT. The Construction Cost shall not include any costs that are not specifically referenced in this ARTICLE V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to the ARCHITECT or other DISTRICT consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3. If the PROJECT is using the multiple-prime delivery method of construction, the Construction Manager’s fees and/or general conditions will only be included in the total Construction Cost used to calculate the ARCHITECT’s fee only if agreed upon in writing by the DISTRICT. Absent any written agreement, the Construction Manager’s fees or general conditions shall not be included in the total Construction Cost used to calculate the ARCHITECT’s fee. 4. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 45. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 56. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, DISTRICT 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 bids are sought for the PROJECT. 67. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limitlimit and proceed with the construction of the PROJECT; b. The DISTRICT may authorize rebidding of the PROJECT within a reasonable time.; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph ARTICLE VIII Section 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction costConstruction Cost. 78. If the DISTRICT chooses to proceed under Article ARTICLE V, paragraph 6(e), Section 7(e) the ARCHITECT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICT. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT.

Cost of Construction. 1. During the Schematic Design, Design Development Development, and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for approved by the PROJECTDISTRICT pursuant to Article IV, Section 2. 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT, means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICT. The Construction Cost shall not include any costs that are not specifically referenced in this Article V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to the ARCHITECT or other DISTRICT consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3. If the PROJECT is using the multiple-prime delivery method of construction, the Construction Manager’s fees and/or general conditions will only be included in the total Construction Cost used to calculate the ARCHITECT’s fee only if agreed upon in writing by the DISTRICT. Absent any written agreement, the Construction Manager’s fees or general conditions shall not be included in the total Construction Cost used to calculate the ARCHITECT’s fee. 4. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 45. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 56. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, DISTRICT 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 bids are sought for the PROJECT. 67. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limit;limit and proceed with the construction of the PROJECT;‌ b. The DISTRICT may authorize rebidding of the PROJECT within a reasonable time.; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph Section 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; oror‌ e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction costConstruction Cost. 78. If the DISTRICT chooses to proceed under Article V, paragraph 6(eSection 7(e), the ARCHITECT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICT. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT.

Cost of Construction. 1. During the Schematic Design, Design Development Development, and Construction Document Phases, the ARCHITECT’s estimates of Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for approved by the PROJECTNAVIGATOR pursuant to Article IV, Section 2. 2. PROJECT The PROJECT’s “Construction Cost Cost,” as used in this agreement AGREEMENT, means the total cost to the DISTRICT NAVIGATOR of all work designed or specified by the ARCHITECT, including which includes the total award from the initial construction Contract(s) plus the work covered by approved change orders and/or any alternates approved by the DISTRICTNAVIGATOR. The Construction Cost shall not include any costs that are not specifically referenced in this Article V, Section 2, as approved costs. Costs excluded from the Construction Cost include, but excluding the following: Any are not limited to, payments to the ARCHITECT or other NAVIGATOR consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 3. If the PROJECT is using the multiple-prime delivery method of construction, the Construction Manager’s fees and/or general conditions will only be included in the total Construction Cost used to calculate the ARCHITECT’s fee only if agreed upon in writing by the NAVIGATOR. Absent any written agreement, the Construction Manager’s fees or general conditions shall not be included in the total Construction Cost used to calculate the ARCHITECT’s fee. 4. When labor or material is furnished by the DISTRICT NAVIGATOR below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 45. The Construction Costs Cost shall be the acceptable estimate of construction costs of Construction Costs to the DISTRICT NAVIGATOR as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 56. Any Budget or fixed limit of construction cost Construction Cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, NAVIGATOR 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 NAVIGATOR and the date on which bids are sought for the PROJECT. 67. If the lowest bid received exceeds the Budget: a. The DISTRICT NAVIGATOR may give written approval of an increase of such fixed limitlimit and proceed with the construction of the PROJECT; b. The DISTRICT NAVIGATOR may authorize rebidding of the PROJECT within a reasonable time.; c. If the PROJECT is abandoned, the DISTRICT NAVIGATOR may terminate this AGREEMENT in accordance with Article VIII, Paragraph Section 2; d. The DISTRICT NAVIGATOR may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT NAVIGATOR may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction costConstruction Cost. 78. If the DISTRICT NAVIGATOR chooses to proceed under Article V, paragraph 6(eSection 7(e), the ARCHITECT, without additional charge, agrees to redesign the PROJECT until the PROJECT is brought within the Budget set forth in this agreementAGREEMENT. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed to in writing by the DISTRICTNAVIGATOR. Redesign means the redesign of the PROJECT PROJECT, with all its component parts parts, to meet the Budget set forth in this AGREEMENT.

Cost of Construction. 1. During the Schematic Design, Design Development and Construction Document Phases, Construction Cost (“Construction Cost”) shall be reconciled against the DISTRICT’s Budget for the PROJECT. 2. PROJECT Construction Cost as used in this agreement AGREEMENT means the total cost to the DISTRICT of all work designed or specified by the ARCHITECT, including work covered by approved change orders and/or alternates approved by the DISTRICT, but excluding the following: Any payments to ARCHITECT or consultants, for costs of inspections, surveys, tests, and landscaping not included in PROJECT. 32. When labor or material is furnished by the DISTRICT below its market cost, the Construction Cost shall be based upon current market cost of labor and new material. 43. The Construction Costs Cost shall be the acceptable estimate of construction costs of to the DISTRICT as submitted by the ARCHITECT until such time as bids have been received, whereupon it shall be the bid amount of the lowest responsible responsive bidder. 54. Any Budget or fixed limit of construction cost shall be adjusted if the bidding has not commenced within ninety (90) days after the ARCHITECT submits the Construction Documents to the DISTRICT, 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 bids are sought for the PROJECT. 65. If the lowest bid received exceeds the Budget: a. The DISTRICT may give written approval of an increase of such fixed limit; b. The DISTRICT may authorize rebidding of the PROJECT within a reasonable time.; c. If the PROJECT is abandoned, the DISTRICT may terminate this AGREEMENT in accordance with Article VIII, Paragraph 2; d. The DISTRICT may request the ARCHITECT prepare, at no additional cost, deductive change packages acceptable to the District that will bring the PROJECT within the Budget; or e. The DISTRICT may request the ARCHITECT cooperate in revising the PROJECT scope and quality as required to reduce the construction cost. 7. If the DISTRICT chooses to proceed under Article V, paragraph 6(e), the ARCHITECT, without additional charge, agrees to redesign until the PROJECT is brought within the Budget set forth in this agreement. Redesign does not mean phasing or removal of parts of the PROJECT unless agreed in writing by the DISTRICT. Redesign means redesign of the PROJECT with all its component parts to meet the Budget set forth in this AGREEMENT.