Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s general conditions costs, overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the § 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, 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 shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
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Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, except as set forth in 6.1.2, the Cost of the Work shall be the total cost to the shal Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s sh contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes does not i of the reasonable value of labor, materialsConstruction Manager Construction Manager’s consultants, and equipmentcompensation for rei the job site, donated to, or otherwise furnished by, the Ownerif any. The Cost of the Work does not include the compensation of the Architect; theArchitec wherever it is in nclude the de the compensation ursable expenses at e costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ 6.1.1 In the event any alternative design is bid, the cost of the work shall include, based on the lowest responsible bid, in addition to any alternative design constructed, those alternative designs, regardless of whether the alternative is accepted. For any such alternative design that is not accepted, Architects fee, shall be limited to eighty (80%) percent of the cost to construct based on the lowest responsible bid.
§ 6.1.2 For purposes of calculating compensation to the Architect for Basic Services as a percentage of Construction Cost related to a single bid package containing more than one building or more than one site, the Construction Cost of the Work at each individual building or site shall be used as the basis for determining compensation.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 5.4 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing detailed cost estimating services as a Supplemental an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together cooperatively to reconcile conform the cost estimatesestimates to one another.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Workbudget, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; orshall
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the 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 by the Architect.
§ 6.3 The Owner In preparing estimates of the Cost of Work, the Architect shall require the Construction Manager be permitted to include appropriate contingencies for design, bidding or negotiating, and price escalation; to determine what materials, equipment, component systems and market conditions types of construction are to be included in estimates the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner
§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions Documents to the DrawingsOwner, Specifications or other documents required due to through no fault of the Construction ManagerArchitect, the Owner’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely budget for the Architect’s guidance Cost of the Work shall be adjusted to reflect changes in completion the general level of its services, however, prices in the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such reviewapplicable construction market.
§ 6.3.1 6.5 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and at any time the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the he Work, the Architect, in consultation with the Construction Manager, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or ,
§ 6.6 If the Owner’s budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds Construction Documents Services is exceeded by the Owner’s budget for the Cost of the Worklowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct of all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the, the costs of land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 5.2, 6.4 and 6.46.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary statement of the Probable Cost of the Work, and updated Statements of Probable Cost of the Work prepared by the Architect, represent the 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, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or price proposals will not vary from the Project budget for the Cost of the Work or from any Statement of Probable Cost of the Work prepared by the Architect.
6.3 In preparing Statements of Probable Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project; and to include in the Contract Documents alternate bids to adjust the Probable Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect’s opinion of the Probable Cost of the Work shall be based on current area, volume, or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4.
6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Owner approves the Construction Documents, the Owner’s budget for the Cost of the Work represent shall be adjusted to reflect changes in the general level of prices in the applicable construction market, if applicable.
6.5 If at any time the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates opinion of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Probable Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or quality
6.6 If the Owner’s budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the Owner’s budget for the Cost of the Worklowest bona fide bid or price proposal, the Owner shall shall:
.1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s general conditions costs, overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; theall
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall be adjusted throughout the Project as required under Sections 5.3 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect’s judgment as a design professional.
§ 6.3 The . It is recognized, however, that neither the Architect nor the Owner shall require has control over the Construction Manager to include appropriate contingencies 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 designthe Cost of the Work, bidding or negotiating, price escalation, and market conditions in estimates from any estimate of the Cost of the Work. The , or evaluation, prepared or agreed to by the Architect.
§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be entitled permitted to rely on include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the accuracy Contract Documents; to recommend reasonable adjustments in the program and completeness scope of estimates the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Construction Manager prepares as Owner requires a detailed estimate of the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to Cost of the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, howeverWork, the Architect shall report to provide such an estimate, if identified as the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services Architect’s responsibility in Section 4.1.1, as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the conclusion Owner, the Owner’s budget for the Cost of the Design Development Phase, Work shall be adjusted to reflect changes in the Construction Managergeneral level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 6.6 If the Construction ManagerOwner’s estimate of budget for the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the Owner’s budget for the Cost of the Worklowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .3 .4 in consultation with the Architect and Construction ManagerArchitect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative.
§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner’s
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the, the costs of the land, rights-of-way, financing, and contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager Cost Consultant to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager Cost Consultant prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction ManagerCost Consultant’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction ManagerCost Consultant’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Managerarchitect’s and/or CM/GC’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction ManagerCM/GC and Owner’s Representative, 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 shall cooperate with the Architect in making such adjustmentsbudget.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Ph Owner’s budget for the Cost of the Work, the Owner shall shall, as Owner’s election: .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect for a Large or Complex Project
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the, the costs of the land, rights-of-way, financing, contingenciesand contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager Cost Consultant to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager Cost Consultant prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction ManagerCost Consultant’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction ManagerCost Consultant’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction ManagerCost Consultant’sarchitect’s and/or CM/GC’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction ManagerGCM/GC, and Owner’s Representative, and Cost Consultant, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Workbudget, and the Owner shall cooperate with the Architect in making such adjustments.
. ty as re qui compensati comply wi § 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall shall, as Owner’s election:
.1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect for a Large or Complex Project
Cost of the Work. § 6.1 5.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s general conditions costs, overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; thedesigned.
§ 6.2 5.2 The Owner’s 's budget for the Cost of the Work is provided in the Initial Information, and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4$350,000.00. Evaluations of the Owner’s 's budget for the Cost of the Work, the preliminary estimate of the cost of the Work and updated estimates of the Cost of the Work prepared by the A/E represent the A/E's judgment as a design professional. It is recognized, however, that neither the A/E 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 A/E 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 represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Construction Manager prepares as A/E.
5.3 If at any time during the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to design phase of the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, howeverProject, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s A/E's estimate of the Cost of the Work exceeds the Owner’s budget for established in this Agreement or as it may be increased at the Cost sole discretion of the WorkOwner, the Architect, in consultation with the Construction Manager, A/E shall make appropriate recommendations to the Owner to adjust the Project’s size, quality 's design and shall make such adjustments as the Owner may approve or direct.
5.4 If the Owner's budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the Owner’s budget for the Cost of the Worklowest bona fide bid or negotiated proposal, the Owner shall .1 shall
1. give written approval of an increase in the budget for the Cost of the Work; .2 Work to accept a bid with no additional compensation to the A/E;
2. authorize re-bidding or renegotiating of the Project within a reasonable time;
3. terminate in accordance with Section 9.5; .3 ;
4. in consultation with the Architect and Construction ManagerA/E, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
5. implement any other mutually acceptable alternative.
5.5 If the Owner chooses to proceed under Section 6.6.4, the A/E, without additional compensation, shall modify the Construction Documents to meet the Construction Cost Limitation in this Agreement or, without additional compensation, modify the Construction Documents based upon an Owner initiated increase to CCL. The A/E's modification of the Construction Documents shall be the limit of the A/E's responsibility under this Article.
Appears in 1 contract
Samples: Professional Services Agreement
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s Contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; thethe costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Subject to the provisions of Article 4 hereof, including, without limitation, obtaining Owner’s prior approval thereto, the Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction ManagerManager and the Owner, 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 shall cooperate with the Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s general conditions costs, overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; thethe compensation of the Construction Manager for Preconstruction Phase services; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial InformationPre Design Study, dated April 2023, and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to at the conclusion of the Schematic Design Phase, the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, 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 shall cooperate with the Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Schematic Design or Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Samples: Owner Architect Agreement
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the 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 by the Architect.
§ 6.3 The Owner In preparing estimates of the Cost of Work, the Architect shall require the Construction Manager be permitted to include appropriate contingencies for design, bidding or negotiating, and price escalation; to determine what materials, equipment, component systems and market conditions types of construction are to be included in estimates the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates Architect’s estimate of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall preparebe based on current area, as an Additional Service, revisions to the Drawings, Specifications volume or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost similar conceptual estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimatestechniques.
§ 6.4 If, prior If the Bidding or Negotiation Phase has not commenced within 120 days after the Architect submits the Construction Documents to the conclusion Owner, through no fault of the Design Development PhaseArchitect, the Construction ManagerOwner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, 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 shall cooperate with the Architect in making such adjustments.
§ 6.5 6.6 If the Construction ManagerOwner’s estimate of budget for the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the Owner’s budget for the Cost of the Worklowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s general conditions costs, overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the
§ 6.2 The OwnerAgency’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 Project. It is recognized, that neither the A/E nor the Agency 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 A/E cannot and 6.4. Evaluations of does not warrant or represent that bids or negotiated prices will not vary from the OwnerAgency’s budget for the Cost of the Work represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for designWork, bidding or negotiating, price escalation, and market conditions in estimates from any estimate of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due evaluation, prepared or agreed to market conditions by the Architect could not reasonably anticipate. The Architect may review A/E. If at any time the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction ManagerA/E’s estimate of the Cost of the Work exceeds the OwnerAgency’s budget for the Cost of the Work, the ArchitectA/E shall, in consultation with the Construction Managerat no additional cost, shall make appropriate recommendations to the Owner Agency to adjust the Project’s size, quality quality, or budget for the Cost of the Work, and the Owner Agency shall cooperate with the Architect A/E in making such adjustments.
§ 6.5 . If the Construction ManagerAgency’s estimate of budget for the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the Owner’s budget for the Cost of the Worklowest bona fide bid, the Owner shall .1 Agency may: if and as permitted by applicable law, give written approval of an increase in the budget for the Cost of the WorkWork and award the contract within the revised budget; .2 cancel the invitation for bids and reissue it, without change in the Project program, scope, or quality, not less than ninety (90) days after the date bids were opened; cancel the invitation for bids and terminate this Contract in accordance with Section 9.5K; .3 cancel the invitation for bids; in consultation with the Architect and Construction ManagerA/E, revise the Project program, scope, or quality as required to reduce the Cost of the WorkWork and reissue the invitation for bids with Construction Documents so revised; or, negotiate a contract with the lowest responsive and responsible bidder pursuant to S.C. Code Xxx. § 11-35-3020(d). If the Agency chooses to proceed under Section H.3.a or H.3.b, the A/E shall not receive additional compensation for the increase in budget or delay in rebidding. If the lowest bona fide bid exceeds the Agency’s budget for the Cost of the Work by more than ten (10) percent and Agency chooses to proceed under Section H.3.d, the A/E shall modify the Construction Documents as necessary to comply with the Agency’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or as adjusted. If the Agency requires the A/E to modify the Construction Documents because the lowest bona fide bid exceeds the Agency’s budget for the Cost of the Work due to market conditions the A/E could not reasonably anticipate, the Agency shall compensate the A/E for the modifications as an Additional Service; otherwise the A/E’s services for modifying the Construction Documents shall be without additional compensation and the A/E shall be responsible for all its costs associated with the redesign and rebidding of the Project, including the reproduction of revised documents and fees for any new or revised permits based on the revised plans. In any event, the A/E’s modification of the Construction Documents shall be the limit of the A/E’s responsibility under this Section. If the lowest bona fide bid exceeds the Agency's budget for the Cost of the Work by less than ten (10) percent, and the Agency chooses to proceed under Section H.3.e, the A/E shall, without additional charge to the Agency, assist in negotiations to reduce the bid to an amount within the Agency's budget for the Cost of the Work, but not more than 10% below the Agency's budget for the Cost of the Work. In such case, the A/E shall not be entitled to additional compensation for any effort or additional work necessary to bring the contract within the Agency’s budget for the Cost of the Work.
Appears in 1 contract
Samples: Small Professional Services Contract for Construction Projects
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s general conditions costs, overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; theall
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall be adjusted throughout the Project as required under Sections 5.3 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalationWork, and market conditions in the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work. The ,
§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be entitled permitted to rely on include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the accuracy Contract Documents; to recommend reasonable adjustments in the program and completeness scope of estimates the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Construction Manager prepares as Owner requires a detailed estimate of the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to Cost of the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, howeverWork, the Architect shall report to provide such an estimate, if identified as the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services Architect’s responsibility in Section 4.1.1, as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the conclusion Owner, the Owner’s budget for the Cost of the Design Development Phase, Work shall be adjusted to reflect changes in the Construction Managergeneral level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 6.6 If the Construction ManagerOwner’s estimate of budget for the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the Owner’s budget for the Cost of the Worklowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct of all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s cost of the shade structures and the contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the, the costs of land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 5.2, 6.4 and 6.46.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary statement of the Probable Cost of the Work, and updated Statements of Probable Cost of the Work prepared by the Architect, represent the 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, over the Contractor's methods of determining bid prices, or over 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 Project budget for the Cost of the Work or from any Statement of Probable Cost of the Work prepared by the Architect.
6.3 In preparing Statements of Probable Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the
6.4 If the Bidding Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work represent shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
6.5 If at any time the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates opinion of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Probable Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, 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 shall cooperate with the Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Samples: Architect Agreement
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct of all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s cost of the relocatable buildings (including leased relocatable buildings) and the contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the, the costs of land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 5.2, 6.4 and 6.46.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary statement of the Probable Cost of the Work, and updated Statements of Probable Cost of the Work prepared by the Architect, represent the 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, over the Contractor's methods of determining bid prices, or over 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 Project budget for the Cost of the Work or from any Statement of Probable Cost of the Work prepared by the Architect.
6.3 In preparing Statements of Probable Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project; and to include in the Contract Documents alternate bids to adjust the Probable Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect’s opinion of the Probable Cost of the Work shall be based on current area, volume, or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4.
6.4 If the Bidding Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work represent shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
6.5 If at any time the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates opinion of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Probable Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, 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 shall cooperate with the Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect A/E and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; theA/E, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 and 6.4Project. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the A/E, represent the ArchitectA/E’s judgment as a design professionalprofessional familiar with the construction industry. It is recognized, however, that neither the A/E 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.
§ 6.3 The Owner In preparing estimates of the Cost of Work, the A/E shall require the Construction Manager be permitted to include appropriate contingencies for design, bidding or negotiating, and price escalation; to determine what materials, equipment, component systems and market conditions types of construction are to be included in estimates the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates A/E’s estimate of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall preparebe based on current area, as an Additional Service, revisions to the Drawings, Specifications volume or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost similar conceptual estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimatestechniques.
§ 6.4 If, prior The A/E’s estimate of the Cost of the Work shall be projected to the conclusion scheduled date of completion of the Design Development Phase, Bidding and Negotiation Phase of Services.
§ 6.5 If at any time the Construction ManagerA/E’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, A/E 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 shall cooperate with the Architect A/E in making such adjustments.
§ 6.5 6.6 If the Construction ManagerOwner’s estimate of budget for the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the Owner’s budget lowest bona fide bid or negotiated proposal for reasons not related to the Cost fault of the WorkA/E, the Owner shall at the Owner’s sole discretion: .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s general conditions costs, overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; theall
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted by Owner throughout the Project as required under Sections 5.3 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect’s judgment as a design professional.
§ 6.3 The . It is recognized, however, that neither the Architect nor the Owner shall require has control over the Construction Manager to include appropriate contingencies 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 designthe Cost of the Work, bidding or negotiating, price escalation, and market conditions in estimates from any estimate of the Cost of the Work. The Architect shall be entitled , or evaluation, prepared or agreed to rely on by the accuracy and completeness of Architect.
§ 6.3 In preparing or verifying the estimates of the Cost of the Work the Construction Manager prepares as Work, the Architect progresses with its Basic Servicesshall be permitted, subject to the Owner’s prior approval, to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents. The Architect shall prepare, recommend reasonable adjustments in the program and scope of the Project; and recommend and include design and bid alternates acceptable to Owner as an Additional Service, revisions may be necessary to adjust the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion estimated Cost of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.the
§ 6.4 If, prior through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the conclusion Owner, the Owner may, at Owner’s discretion, adjust Owner’s budget for the Cost of the Design Development Phase, Work to reflect changes in the Construction Manager’s general level of prices in the applicable construction market.
§ 6.5 If at any time the estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the ArchitectArchitect shall, in consultation with the Construction Manageras a Basic Service, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 6.6 If the Construction ManagerOwner’s estimate of budget for the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the Owner’s budget for the Cost of the Worklowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; orshall
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the 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 by the Architect.
§6.2.1 A fixed limit of Building Construction Cost will be established in the Act 34 Booklet and approved by the Owner prior to the Act 34 hearing. Evaluation of the Owner’s budget for the Project represents the Architect’s judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor’s methods determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect
§ 6.3 The Owner In preparing estimates of the Cost of Work, the Architect shall require the Construction Manager be permitted to include appropriate contingencies for design, bidding or negotiating, and price escalation; to determine what materials, equipment, component systems and market conditions types of construction are to be included in estimates the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing Owner requests detailed cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its estimating services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any provide such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimatesan Additional Service under Article 4.
§ 6.4 If, prior If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the conclusion Owner, through no fault of the Design Development PhaseArchitect, the Construction ManagerOwner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, 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 shall cooperate with the Architect in making such adjustments.
§ 6.5 6.6 If the Construction ManagerOwner’s estimate of budget for the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the Owner’s budget for the Cost lowest bona fide bid or negotiated proposal within requirements of the WorkPennsylvania law, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner or, to the extent the Work is not completed, the estimated cost to the Owner, to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; thethe costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect’s judgment as a design professional.
§ 6.3 The . It is recognized, however, that neither the Architect nor the Owner shall require has control over the Construction Manager to include appropriate contingencies 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 designthe Cost of the Work, bidding or negotiating, price escalation, and market conditions in estimates from any estimate of the Cost of the Work. The Architect shall be entitled , or evaluation, prepared or agreed to rely on by the accuracy and completeness of Architect.
§ 6.3 In preparing estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, howeverWork, the Architect shall report be permitted to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Serviceinclude contingencies for design, bidding, and a discrepancy exists between price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Construction Manager’s cost estimates Contract Documents; to recommend reasonable adjustments in the program and scope of the Architect’s cost estimates, Project; and to include design alternates as may be necessary to adjust the Architect and the Construction Manager shall work together to reconcile the cost estimates.estimated Cost of the
§ 6.4 If, prior through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the conclusion Owner, the Owner’s budget for the Cost of the Design Development Phase, Work shall be adjusted to reflect changes in the Construction Managergeneral level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 6.6 If the Construction ManagerOwner’s estimate of budget for the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the bid or proposal providing the best value to the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction ManagerManagers’Manager’s general conditions costs, overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect,; thethe compensation of the Construction Manager for Preconstruction Phase services,; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall mayshall be adjusted throughout the Project as required under Sections 5.3 5.43 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates., or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing detailed cost estimating services as a an Additionala Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and shall work cooperatively withand the Construction Manager shall work together to reconcile conformreconcile the cost estimatesestimates to one another.
§ 6.3.2 Subject to Section 4.3, if the Owner engages a Cost Consultant and a discrepancy exists between the Construction Manager’s estimate and the Cost Consultant’s estimate, the Architect shall assist the Cost Consultant and Construction Manager as necessary to conform the estimates to one another.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, 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 shall cooperate with the Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value compensation of laborthe Construction Manager and Construction Manager’s Consultants during the Construction Phase only, materialsincluding compensation for reimbursable expenses at the job site, and equipment, donated to, or otherwise furnished by, the Ownerif any. The Cost of the Work does not include the compensation of the Architect; the, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 5.2 and 6.4. Evaluations of the Owner’s budget budget, preliminary estimates for the Cost of the Work represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of detailed estimates of the Cost of the Work prepared by the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to represent the Construction Manager’s inaccuracies judgment as a person or incompleteness in preparing entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost estimatesof labor, materials or equipment, over Contractors’ methods of determining bid prices, or due to over competitive bidding, market conditions or negotiating conditions. Accordingly, the Architect could Construction Manager cannot reasonably anticipate. The Architect may review and does not warrant or represent that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 6.3 If the Architect is providing detailed cost estimating services as a Supplemental an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together cooperatively to reconcile conform the cost estimatesestimates to one another.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the ArchitectConstruction Manager, in consultation with the Construction ManagerArchitect, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Workbudget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or(Paragraphs deleted)
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Construction Manager as Adviser
Cost of the Work. com Wor all be pensation k; or othe adjusted the sts ofr co s budget for the Cost of
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall be adjusted sh throughout the Project as required under Sections 5.3 5.2, 6.4 and 6.46.5. Evaluations of the Owner’
§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1, as a Supplemental Service.
§ 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work represent shall be adjusted to reflect changes in the Architect’s judgment as a design professionalgeneral level of prices in the applicable construction market.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for 6.5 If at any time the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 6.6 If the Construction ManagerOwner’s estimate of budget for the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the Owner’s budget for the Cost of the Worklowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreementcalculating the Architect’s compensation, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and constructed by the Owner and shall include the Construction Manager’s Contractors’ general conditions costs, overhead, overhead and profit. To the extent that the Project is not completed or constructed, the Cost of the Work shall include the estimated cost to the Owner of all elements of the Project designed by the Architect and accepted by the Owner but not constructed by the Owner. The Cost of the Work also includes does not include elements of the reasonable value of labor, materials, and equipment, donated to, Project designed by Architect but not requested by the Owner or otherwise furnished by, the Owner’s Authorized Representative. The Cost of the Work does not include the compensation of the Architect or the Architect’s consultants; thethe costs of the land, rights-of-way, financing, unspent contingencies for changes in the Work, or unspent allowances, alternate designs of the Architect that are not constructed or accepted by the Owner; Work performed under separate contracts by the Owner; or other costs that are the responsibility of the Owner. The Architect shall be compensated for alternate designs of the Architect that are included in the Procurement Documents but are not constructed or accepted by the Owner as outlined in Section 11.6.2. For purposes of the Architect’s compensation, the Cost of the Work shall not include the fee for management and supervision of
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall be adjusted throughout the Project as required allowed under Sections 5.3 5.2 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect’s judgment as a design professionalprofessional familiar with the construction industry in the locality of the Project. It is recognized that the Cost of the Work cannot exceed the Project budget as stipulated in the initial information, unless agreed to in writing by the Owner. All fees and expenses of the Architect to redesign the Project to meet the Owner’s budget for the Cost of the Work shall be borne by the Architect. If the Architect’s design is determined to exceed Owner’s budget, then Architect agrees to redesign the Project, at Architect’s expense and as a part of Architect’s Basic Services, to meet Owner’s budget.
§ 6.3 The Owner Architect shall require prepare an estimate of the Cost of the Work, which shall incorporate Owner’s budgetary constraints, programmatic needs, and expectations as to quality, functionality of systems, maintenance costs, and usable life of equipment and facilities. In preparing estimates of the Cost of Work, the Architect shall utilize the services of an independent cost estimating service. The use of a Construction Manager At-Risk does not relieve the obligation of the Architect to provide cost estimates. The Architect shall be permitted to include appropriate contingencies for design, bidding or negotiatingbidding, and price escalation; to determine what materials, equipment, component systems, and market conditions types of construction are to be included in estimates the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates, when approved by the Owner, as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall separately identify the cost of General Conditions, Overhead and Profit in the Cost of the Work. The Architect cost of all utilities, site improvements, easements and other similar costs necessary to construct the project shall be entitled identified by the
.1 At Schematic Design: UniFormat Level 3 .2 At Design Development: Masterformat division Level 3 .3 At Construction Documents: Masterformat Level 3, specific to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for Project specification section § 6.4 Intentionally deleted § 6.5 If at any time the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, then the ArchitectArchitect shall redesign elements to achieve cost savings within the Scope of the Work, but in doing so, shall not delete any essential element of the Project. Architect shall present the redesign to Owner for Owner’s approval and, in consultation with doing so, shall notify Owner in writing of the Construction Manageractions taken to bring the Project into Owner’s budget. If Architect is unable to redesign the Project to meet Owner’s budgetary, programmatic and quality needs, then the Architect shall make appropriate written recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the budget. Owner shall cooperate with the Architect consider Architect’s recommendation, but shall decide, in making such adjustmentsits discretion, what adjustments to make.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include all of the Construction Manager’s construction phase compensation, contingency, general conditions costs, overhead, but exclude the Construction Manager’s preconstruction fees and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Ownercosts. The Cost of the Work does not include the compensation of the Architect, the compensation of the Construction Manager for Preconstruction Phase services; thethe costs of the land, rights-of-way, financing; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under per Sections 5.3 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of will review these detailed cost estimates of the Cost of for the Work prepared by the Construction Manager prepares as and will provide written comments on the Architect progresses with its Basic Servicescost estimates or acceptance of the cost estimates. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner Owner, in writing, any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing detailed cost estimating services as a Supplemental an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s detailed cost estimates, the Architect and shall work cooperatively with the Construction Manager shall work together to reconcile conform the cost estimatesestimates to one another.
§ 6.3.2 If the Owner engages a Cost Consultant and a discrepancy exists between the Construction Manager’s estimate and the Cost Consultant’s estimate, the Architect shall assist the Cost Consultant and Construction Manager as necessary to conform the estimates to one another.
§ 6.4 If, [Not Used.]
§ 6.5 If at any time prior to the conclusion Owner’s acceptance of the Design Development PhaseGuaranteed Maximum Price Proposal, the Construction Manager’s estimate of the Cost of the Work (as defined in Section 6.1 herein) at the various stages of design exceeds the Owner’s budget for the Cost of the Work, the Architect, Work (as defined in consultation with the Construction Manager, 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 shall cooperate with the Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the WorkSection 6.1 herein), the Owner shall may hold a review and value analysis meeting with Construction Manager and Architect to determine options to address the potential impact on the Guaranteed Maximum Price if any, and/or shall, in its sole discretion:
.1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total actual cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. To the extent the Project is not completed, the Cost of the Work shall be the Contractor’s bid price, as modified by any Change Orders then executed. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; thethe costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. The Cost of the Work does not include Work for which the Architect has performed designs, specifications or drawings designs as an Additional Service. Instead, the Architect’s sole compensation for Additional Services shall be the hourly rates or agreed upon fixed fee agreed in writing by the parties.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall be adjusted throughout adjusted
§ 6.3 In preparing estimates of the Project Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as required under Sections 5.3 and 6.4may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. Evaluations The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques.
§ 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work represent shall be adjusted to reflect changes in the Architect’s judgment as a design professionalgeneral level of prices in the applicable construction market.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for 6.5 If at any time the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 6.6 If the Construction ManagerOwner’s estimate of budget for the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the Owner’s budget for the Cost of the Worklowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the 5.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner to construct of all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. All items so noted in the Project Control Budget, Exhibit B, shall be included in the Architect’s design responsibilities and therefore the Cost of the Work. The Project Control Budget is the Owner’s budget for the portion of the Project within the cost control responsibilities of the Architect. This Project Control Budget is included as part of this Agreement as Attachment 1. This Project Control Budget establishes the total cost not to be exceeded for the construction and furnishings of the Project. The cost items included in this budget are delineated in Exhibit B with their respective budget values. The individual line item amounts may vary with the Project’s evolution, however, the cumulative total for the listed items shall not be exceeded without written authorization from the Owner.
§ 5.1.1 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for market condition adjustments at the time of bidding and for changes shall be included in the Cost of the Work.
§ 5.1.2 The Cost of the Work does not include the compensation of the Architect and the Architect; the’s consultants, the compensation of the Construction Manager for Preconstruction Phase services, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner and are identified as "by Owner" in Exhibit B.
§ 6.2 5.1.3 The Owner’s Cost of the Work does not include the Construction Contingency which is to be spent if necessary during the construction phase of the Project. The Construction Contingency is however within the design and documentation scope of the Architect and should be included in the Basic Services. An amount of up to (5%) five percent of the Total Construction line of the budget as detailed in the Project Control Budget in Exhibit B may be expended by the Owner during the construction phase for changes in the Project. Non-limiting examples of these changes include unforeseen conditions discovered during construction, errors and omissions or opportunities to improve the value of the Project through quality or other construction enhancements. See Article 5.1.6.
§ 5.1.4 The Cost of the Work does not include the Project Contingency which may be spent during the construction phase of the Project. The Project Contingency is however within the design and documentation scope of the Architect and should be included in the Basic Services. An amount of up to (5%) five percent of the Cost of the Work is provided which includes the construction cost and all remaining items within the Architect’s design scope as detailed in the Initial InformationProject Control Budget in Exhibit B. These funds may be expended by the Owner during the construction phase for changes in the Project. Non-limiting examples of these changes include unexpected expenses, construction changes, minor construction enhancements or minor program related enhancements. See Article 5.1.6.
§ 5.1.5 Funds from the Construction Contingency and shall be adjusted throughout the Project as required under Sections 5.3 Contingency cannot be committed or expended without the authorization of the Owner.
§ 5.1.6 Enhancements paid through the use of Construction Contingency or Project Contingency funds that will be considered part of the Architect’s Basic Services include those enhancements approved by the Owner that are identified and 6.4designed during the design phases of the project. Evaluations Other enhancements within Basic Services identified after the completion of the design phases must meet the following criteria to be considered within the Architect’s Basic Services:
1. The enhancement does not involve the expansion of the Owner’s budget for Program as established in the Design Phases.
2. The enhancement does not involve additional design, evaluation, or documentation by the Architect other than change order preparation and processing.
§ 5.1.7 The Architect shall prepare three estimates of the Cost of the Work represent as set forth in Article 2. As the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require process progresses through the end of the preparation of the Construction Manager to include appropriate contingencies for designDocuments, bidding or negotiating, price escalation, the Architect shall update and market conditions in estimates refine the estimate of the Cost of the Work. The Architect shall be entitled advise the Owner and Construction Manager of any adjustments to rely on the accuracy and completeness of previous estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Servicesindicated by changes in Project requirements or general market conditions. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for If at any time the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with or the Construction Manager’s GMP estimate, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Workbudget, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Samples: Architect's Services Agreement
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the, the costs of the land,
§ 6.2 The Owner’s budget for the Cost of the Work Work, if any, is provided identified in the Initial InformationExhibit A, and shall may be adjusted throughout the Project as required under Sections 5.3 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the 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 CM/GC 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 by the Architect.
§ 6.3 The Owner In preparing estimates of the Cost of Work, the Architect shall require consult with the Construction Manager CM/GC if retained on the project at that time, and is permitted to include appropriate contingencies for design, bidding or negotiating, and price escalation; to determine what materials, equipment, component systems and market conditions types of construction are to be included in estimates the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The If the Owner requests detailed cost estimating services beyond the cost estimating services provided in the Schematic Design phase, the Architect shall be entitled provide such services as an Additional Service under Article 4.
§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to rely on the accuracy and completeness Owner, through no fault of estimates of the Architect, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the Construction Manager prepares as general level of prices in the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such reviewapplicable construction market.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 6.5 If, prior to the conclusion of the Design Development Phase, the Construction Managerarchitect’s and/or CM/GC’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction ManagerCM/GC (if retained by that time), 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 shall cooperate with the Architect in making such adjustmentsbudget.
§ 6.5 6.6 If the Construction ManagerCM/GC Contractor’s estimate of the Cost of the Work at the conclusion of the Design Development Phase Guaranteed Maximum Price exceeds the Owner’s budget for the Cost of the WorkBudget, the Owner shall shall, at Owner’s election:
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 [reserved]; .2 .3 terminate in accordance with Section 9.5; .3 .4 in consultation with the Architect and Construction ManagerArchitect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; oror .5 implement any other alternative acceptable to Owner.
§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, as an additional service, shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility under this Article 6.
§ 6.8 The cost of the work post-Schematic Design shall be prepared by the CM/GC Contractor or other Owner’s consultant.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the 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 by the Architect.
§ 6.3 The Owner In preparing estimates of the Cost of Work, the Architect shall require the Construction Manager be permitted to include appropriate contingencies for design, bidding or negotiating, and price escalation; to determine what materials, equipment, component systems and market conditions types of construction are to be included in estimates the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates Architect’s estimate of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall preparebe based on current area, as an Additional Service, revisions to the Drawings, Specifications volume or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 If the Architect is providing cost similar conceptual estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimatestechniques.
§ 6.4 If, prior If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the conclusion Owner, through no fault of the Design Development PhaseArchitect, the Construction ManagerOwner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, 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 shall cooperate with the Architect in making such adjustments.
§ 6.5 6.6 If the Construction ManagerOwner’s estimate of budget for the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the Owner’s budget for the Cost of the Worklowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § §6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct or perform all elements of the Project Projects designed or specified by the Architect and shall include the Construction Manager’s general conditions costs, overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the OwnerEngineer. The Cost of the Work does not include the compensation of the Architect; theEngineer, compensation of the Program Manager, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ §6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted by Owner throughout the Project as required under Sections 5.3 and 6.4Projects. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Engineer, represent the ArchitectEngineer’s judgment as a design and engineering professional. It is recognized, however, that neither the 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. Accordingly, the Engineer 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 by the Engineer; provided that such variance does not arise from the negligence or omission of Engineer in providing services under this Agreement.
§ §6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in In preparing estimates of the Cost of the Work, the Engineer shall be permitted to include contingencies for design, bidding and price escalation however, shall fully disclose to Owner the basis and amount of such contingencies; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project(s), and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates Engineer’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques.
§6.4 If the Bidding Phase has not commenced within ninety (90) days after the Engineer submits the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions Documents to the DrawingsOwner, Specifications or other documents required due to through no fault of the Construction ManagerEngineer, the Owner’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely budget for the ArchitectCost of the Work may, on Owner’s guidance approval, be adjusted to reflect changes in completion the general level of its services, however, prices in the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such reviewapplicable construction market.
§ 6.3.1 §6.5 If at any time the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction ManagerEngineer’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, Engineer shall make appropriate recommendations to the Owner to adjust the Project’s Projects’ size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect Engineer in making such adjustments.
§ adjustments provided Owner is not by this Section 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required obligated to reduce the Cost of the Work; oraccept Engineer’s
Appears in 1 contract
Samples: Agreement for Engineering Services
Cost of the Work. § 6.1 For purposes of this a Services Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the applicable Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; thethe costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.3 and 6.4Project. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professionalprofessional familiar with the construction industry.
§ 6.2.1 The Architect shall endeavor to design each Project so as to achieve compliance within the Owner’s budget for the Cost of the Work for the applicable Project. The Architect shall issue necessary Drawings, Specifications and other documents and information that describe the scope of the Project for Owner and its Contractor’s use in preparing estimates of the Cost of the Work.
§ 6.2.2 If at any time a person other than the Owner’s representative designated in accordance with Section 5.3 of this Agreement requests of the Architect an inclusion of or modification to any item in the Schematic Design Documents, the Design Development Documents or the Construction Documents that the Architect reasonably believes will impact the Cost of the Work, then the Architect shall promptly notify the Owner’s representative in writing of such
§ 6.3 The Owner shall require the Construction Manager Contractor to include appropriate contingencies for design, bidding or negotiating, desig price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect Contractor prepare progresses with its Basic ServicesServices but shall promptly notify the Owner in writing if the Arc estimates of the Contractor are inaccurate or incomplete. The Architect shall prepareArchitect, at the Owner’s writ as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Managerrequ Contractor’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect c could not reasonably anticipate. The Architect may shall review the Construction ManagerContractor’s estimates solely for the Architect’s guidance in th completion of its services, however, and the Architect shall report to the Owner any material inaccuracies and inconsistencies inaccura noted during any such review.
§ 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates.
§ 6.4 If, prior to the conclusion of the Design Development Phaseat any time, the Construction ManagerContractor’s or cost consultant’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction ManagerContractor, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work. Further, and the Owner shall cooperate may require the Architect, as part of the Basic Services, to revise all or any portion of the design documents (e.g. Schematic Design Documents and Design Development Documents) to the extent that such revision is necessary to enable the Project to be constructed in accordance with the Owner’s budget, Project schedule or other requirements established by the Owner, subject, however, to the provisions of Section 6.3 above providing that in certain circumstances such revisions may be an Additional Service (i.e. with respect to revisions to the Drawings, Specifications or other documents required due to the Contractor’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect in making such adjustmentscould not reasonably anticipate).
§ 6.5 If the Construction ManagerOwner’s estimate of budget for the Cost of the Work at the conclusion of the Design Development Construction Documents Phase exceeds Services is exceeded by the Owner’s budget for the Cost of the Worklowest bona fide bid or negotiated proposal, the Owner shall may: .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction ManagerArchitect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or.4 authorize rebidding or renegotiating of the Project within a reasonable time; or .5 implement any other mutually acceptable alternative.
§ 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.5.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner’s budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect’s services for modifying the Construction Documents shall be without additional compensation. The Architect’s modifications of the Construction Documents shall be the limit of the Architect’s responsibility under this Article 6.
§ 6.7 After making revisions under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Construction Documents necessitated by subsequent cost estimates that exceed the Owner’s budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment.
Appears in 1 contract
Samples: Master Agreement Between Owner and Architect for Full Scope of Project Related Services
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager’s contractors’ general conditions costs, overhead, overhead and profit. The Cost of the Work also includes the reasonable value compensation of laborthe Construction Manager and Construction Manager’s Consultants during the Construction Phase only, materialsincluding compensation for reimbursable expenses at the job site, and equipment, donated to, or otherwise furnished by, the Ownerif any. The Cost of the Work does not include the compensation of the Architect; the, the costs of the land, rights-of-way, financing, and contingencies for changes in the Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted by the Owner throughout the Project as required under Sections 5.3 5.2 and 6.4. Evaluations of the Owner’s budget budget, preliminary estimates for the Cost of the Work represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of detailed estimates of the Cost of the Work prepared by the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to represent the Construction Manager’s inaccuracies judgment as a person or incompleteness in preparing entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost estimatesof labor, materials or equipment, over Contractors’ methods of determining bid prices, or due to over competitive bidding, market conditions or negotiating conditions. Accordingly, the Architect could Construction Manager cannot reasonably anticipate. The Architect may review and does not warrant or represent that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review.
§ 6.3.1 6.3 If the Architect is providing detailed cost estimating services as a Supplemental an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together cooperatively to reconcile conform the cost estimatesestimates to one another.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the ArchitectConstruction Manager, in consultation with the Construction Manager, 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 shall cooperate with the Architect in making such adjustments.with
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect Construction Manager and Construction ManagerArchitect, revise the Project program, scope, or Proj quality as required to reduce the Cost of the Work; oror .3 implement any other mutually acceptable alternative.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Construction Manager as Adviser
