Common use of Cost of the Work Clause in Contracts

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 contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project. 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 as part of Basic Services, represent the Architect’s judgment as a design professional familiar with the construction industry. 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 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 ate ated Limitation on the more ndit glig construction are to be included in 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’s estimate of the 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 The Architect’s Estimate of the Cost of the Work shall be projected to the scheduled d Bidding and Negotiation Phase of Services. § 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s St Cost of the Work (SLCW), the Architect shall analyze its design and inform the Owner of to build and of any related compromises to quality of construction. However, when those co of the Construction Documents Phase of Services either as a result of some other fault or ne

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect

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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 contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, and contingencies for changes in the Work or other costs. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project. 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 as part of Basic Services, represent the Architect’s judgment as a design professional familiar with the construction industry. 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 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 ate ated Limitation on the more ndit glig construction are to be included in 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’s estimate of the 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 The Architect’s Estimate of the Cost of the Work shall be projected to the scheduled d date for completion of the Bidding and Negotiation Phase of Services. § 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s St Stated Limitation on the Cost of the Work (SLCW), the Architect shall analyze its design and inform the Owner of more cost-effective ways to build and of any related compromises to quality of construction. However, when those co conditions occur at the end of the Construction Documents Phase of Services either as a result of some other fault or nenegligence of the Architect the Owner may elect to compel one or more of the following measures (or some combination thereof: (1) approve an increased SLCW, in which case the basis of the Architect’s compensation shall be fixed at the previously approved SLCW or the Architect’s most recent Estimate of the Cost of the Work, whichever is less; (2) reject the design and/or Construction Documents, in which case the Owner’s reproduction and delivery costs and other costs related to the rejected bidding or negotiation shall be deducted from Architect’s compensation; (3) direct the Architect to revise the design and/or the Construction Documents in a manner that is agreeable to the Owner and that conforms to the SLCW, in which case these Services shall be provided by the Architect at no cost to the Owner and the cost of reissuance of documents shall be borne solely by the Architect; (4) revise the program or the Scope of Work, in which case the Services shall be provided by the Architect at no cost to the Owner and the cost of reissuance of documents (and damages suffered by the Owner as a result) shall be borne solely by the Architect; or

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Architect, 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 contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costscosts that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the ProjectProject as required under Sections 5.2, 6.4 and 6.5. 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 as part of Basic ServicesArchitect, represent the Architect’s judgment as a design professional familiar with professional. It is recognized, however, that neither the construction industryArchitect 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. The 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 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 ate ated Limitation on the more ndit glig construction are to be included in 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’s estimate of the 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 The If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner’s Estimate of budget for the Cost of the Work shall be projected adjusted to reflect changes in the scheduled d Bidding and Negotiation Phase general level of Servicesprices 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 St budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner’s budget for the Cost of the Work (SLCW), at the Architect shall analyze its design and inform the Owner of to build and of any related compromises to quality of construction. However, when those co conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of Services either as a result an increase in the budget for the Cost of some other fault or nethe Work;

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Architect, 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 contractorsthe Contractors’ 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 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 does not include the compensation of the Architect, ; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work Work; or other costscosts that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may shall be adjusted throughout the ProjectProject as required under Sections 5.2 and 6.4. 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 as part of Basic ServicesConstruction Manager, represent the ArchitectConstruction Manager’s judgment as a design professional person or entity familiar with the construction industry. The Architect cannot and does not warrant It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials; or represent that bids equipment; the Contractors’ methods of determining bid prices; or negotiated prices will not vary from the Owner’s budget for the Cost of the Work competitive bidding, market, or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architectnegotiating conditions. § 6.3 In preparing If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates of and the Cost of WorkArchitect’s cost estimates, the Construction Manager and the Architect shall be permitted work together to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of ate ated Limitation on reconcile the more ndit glig construction are to be included in 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’s estimate of the 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 4estimates. § 6.4 The Architect’s Estimate of If the Cost of the Work shall be projected to the scheduled d Bidding and Negotiation Phase of Services. § 6.5 If at any time the ArchitectConstruction Manager’s estimate of the Cost of the Work exceeds the Owner’s St budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner 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 (SLCW)exceeds the Owner’s budget for the Cost of the Work, the Architect Owner shall analyze its design and inform .1 give written approval of an increase in the Owner of to build and of any related compromises to quality of construction. However, when those co budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Documents Phase Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of Services either as a result of some other fault or nethe Work; or

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Construction Manager as Adviser, Standard Form of Agreement Between Owner and Construction Manager as Adviser

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 contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costscosts that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the ProjectProject as required under Sections 5.2, 6.4 and 6.5. 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 as part of Basic ServicesArchitect, represent the Architect’s judgment as a design professional familiar with professional. It is recognized, however, that neither the construction industryArchitect 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. The 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 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 ate ated Limitation on the more ndit glig construction are to be included in 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’s estimate of the 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 The If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner’s Estimate of budget for the Cost of the Work shall be projected adjusted to reflect changes in the scheduled d Bidding and Negotiation Phase general level of Servicesprices 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 St budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments § 6.6 If the Owner’s budget for the Cost of the Work (SLCW), at the Architect shall analyze its design and inform the Owner of to build and of any related compromises to quality of construction. However, when those co conclusion of the Construction Documents Phase of Services either as a result of some other fault is exceeded by the lowest bona fide bid or nenegotiated proposal, the Owner shall

Appears in 2 contracts

Samples: Aia B101 Standard Form of Agreement Between Owner and Architect, Aia B101 Standard Form of Agreement Between Owner and Architect

Cost of the Work. § 6.1 For purposes of cost estimating or tracking under 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 contractorsthe Construction Manager’scompensation, including general conditions costs, overhead overhead, and profit. The For purposes of calculating fees or other costs determined on a percentage of the Cost of the Work, Tthe Cost of the Work does not include the compensation of the Architect, the compensation of the Construction Manager for Preconstruction Phase services, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costscosts 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, which the Architect acknowledges it fixed. A fixed limit of construction cost shall be established by the Owner as a condition of this Agreement and may be adjusted throughout the ProjectProject as required under Sections 5.4 and 6.4. 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 as part of Basic Services, represent the Architect’s judgment as a design professional familiar with the construction industry. 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 Architectprofessional. § 6.3 In preparing estimates of The Owner shall permitrequire the Cost of Work, the Architect shall be permitted Construction Manager to include appropriate contingencies for design, bidding and or negotiating, price escalation; to determine what materials, equipment, component systems and types market conditions in estimates of ate ated Limitation on the more ndit glig construction are to be included in 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’s estimate 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 prepare its own estimates of the cost of the work as necessary for Basic Services. The Architect shall be based on current areaprepare, volume as an Additional Service, revisions to the Drawings, Specifications or similar conceptual estimating techniquesother documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates. If The Architect may review the Owner requests detailed cost estimating Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall provide 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 an Additional Service under Article 4Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect shall work cooperatively with the Construction Manager to conform the cost estimates to one another. The Architect shall ensure compliance with MCL 339.2011. § 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 The Architect’s Estimate If, prior to the conclusion of the Cost of Design Development Phase, the Work shall be projected to the scheduled d Bidding and Negotiation Phase of Services. § 6.5 If at any time time, the Architect’s or the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s St budget for the Cost of the Work, the Architect, in consultation with the Construction Manager and as a Basic Service, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If at any time the Construction Manager’s estimate of the Cost of the Work (SLCW)at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Architect shall analyze its design and inform the Owner of to build and of any related compromises to quality of construction. However, when those co of the Construction Documents Phase of Services either as a result of some other fault or neshall

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect

Cost of the Work. (Paragraph deleted) § 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 for constructing the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profitas determined by the aggregate price of construction contracts (Construction Costs) that the Owner enters into with Contractors to construct the Project. The Cost of the Work does shall include, as part of the aggregate price of construction contracts, the fees and general condition costs of the Construction Manager. Construction Costs shall not include the Architect’s compensation, testing, pre-construction phase compensation of to the ArchitectConstruction Manager, Construction Manager costs for bonds and insurance, insurance paid for by the Owner, interest amounts, fees for cleaning the site, moving, legal and accounting expenses, permit fees paid by the Owner, telephone, computers and utility consumption costs (water bills, electricity bills), the costs of the land, rights-of-way, financing, unused contingencies for changes in the Work Work, or other costscosts 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, Information and may be adjusted throughout the ProjectProject as required under Sections 5.4 and 6.4. 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 as part of Basic Services, represent the Architect’s judgment as a design professional familiar with the construction industry. 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 Architectprofessional. § 6.3 In preparing estimates of The Owner shall require the Cost of Work, the Architect shall be permitted Construction Manager to include appropriate contingencies for design, bidding and or negotiating, price escalation; to determine what materials, equipment, component systems and types market conditions in estimates of ate ated Limitation on the more ndit glig construction are to be included in 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’s estimate 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 be based on current areaprepare, volume as an Additional Service, revisions to the Drawings, Specifications or similar conceptual estimating techniquesother documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates. If The Architect may review the Owner requests detailed cost estimating Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall provide 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 an Additional Service under Article 4. § 6.4 The ArchitectService, and a discrepancy exists between the Construction Manager’s Estimate of the Cost of the Work shall be projected to the scheduled d Bidding cost estimates and Negotiation Phase of Services. § 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s St Cost of the Work (SLCW)cost estimates, the Architect shall analyze its design and inform the Owner of to build and of any related compromises to quality of construction. However, when those co of work cooperatively with the Construction Documents Phase of Services either as a result of some other fault or neManager to conform the cost estimates to one another.

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 contractorsthe Contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Construction Manager and Construction Manager’s consultants, 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, ; the costs of the land, rights-of-way, financing, contingencies for changes in the Work ,; or other costscosts that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may shall be adjusted throughout the ProjectProject as required under Sections 5.3 and 6.4. 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 as part of Basic Services, represent the Architect’s judgment as a design professional familiar with the construction industry. 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 Architectprofessional. § 6.3 In preparing estimates The Owner shall require the Construction Manager to include alternates beyond 5% of the Cost total cost of Workthe work, the Architect shall be permitted to include appropriate contingencies for design, bidding and or negotiating, price escalation; to determine what materials, equipment, component systems and types market conditions in estimates of ate ated Limitation on the more ndit glig construction are to be included in 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’s estimate 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 be based on current areaprepare, volume as an Additional Service, revisions to the Drawings, Specifications or similar conceptual estimating techniquesother 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. If The Architect may review the Owner requests detailed cost estimating Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall provide 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 an Additional Service under Article 4a 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 The Architect’s Estimate If, prior to the conclusion of the Cost of Design Development Phase, the Work shall be projected to the scheduled d Bidding and Negotiation Phase of Services. § 6.5 If at any time the ArchitectConstruction Manager’s estimate of the Cost of the Work exceeds the Owner’s St 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 (SLCW)at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Architect Owner shall analyze its design and inform .1 give written approval of an increase in the Owner of to build and of any related compromises to quality of construction. However, when those co budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Documents Phase Manager, revise the Project program, scope, or quality as required to reduce the Cost of Services either as a result of some other fault or nethe 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 contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costscosts that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the ProjectProject as required under Sections 5.2, 6.4 and 6.5. 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 as part of Basic ServicesArchitect, represent the Architect’s judgment as a design professional familiar with the construction industry. The 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 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 ate ated Limitation on the more ndit glig construction are to be included in 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’s estimate of the 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 The If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner’s Estimate of budget for the Cost of the Work shall be projected adjusted to reflect changes in the scheduled d Bidding and Negotiation Phase general level of Servicesprices 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 St budget for the Cost of the Work (SLCW)Work, the Architect shall analyze its design and inform make appropriate cost-effective recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of to build and the Work. § 6.6 If the Owner’s budget for the Cost of any related compromises to quality of construction. However, when those co the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall at the Owner’s sole discretion .1 give written approval of Services either as an increase in the budget for the Cost of the Work without a result corresponding increase in the Architect’s compensation; .2 authorize rebidding or renegotiating of some other fault or nethe Project within a reasonable time; .3 terminate in accordance with Section 9.5;

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect (Nu Skin Enterprises Inc)

Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to paid by the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors’ 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 costs of the land, rights-of-way, financing, or contingencies for changes in the Work Work; or other costscosts that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may shall be adjusted throughout the Project. 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 as part of Basic Services, represent the Architect’s judgment as a design professional familiar with the construction industry. 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.adjusted § 6.3 In preparing any estimates of the Cost of Work, the Architect shall be permitted permitted, subject to the Owner’s review and approval, to include contingencies for design, bidding bidding, and price escalation; to determine what materials, equipment, component systems systems, and types of ate ated Limitation on the more ndit glig construction are to be included in the Contract Documents; to make recommend reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Workbudget. The Architect’s Architect’sAny estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests requires a detailed cost estimating servicesestimate of the Cost of the Work, the Architect shall provide such services an estimate, if identified as an Additional Service under Article 4the Architect’s responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 The ArchitectIf, through no fault of the Architect or any of the Architect Parties, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner’s Estimate of budget for the Cost of the Work shall be projected adjusted to reflect changes in the scheduled d Bidding and Negotiation Phase general level of Servicesprices 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 St budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner’s budget for the Cost of the Work (SLCW), at the Architect shall analyze its design and inform the Owner of to build and of any related compromises to quality of construction. However, when those co conclusion of the Construction Documents Phase of Services either as a result of some other fault is exceeded by the lowest bona fide bid or nenegotiated proposal, the Owner shall, at its sole option and discretion:

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 contractors’ 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 costs of the land, rights-of-way, financing, or contingencies for changes in the Work Work; or other costscosts that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may shall be adjusted throughout the ProjectProject as required under Sections 5.3 and 6.4. 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 as part of Basic Services, represent the Architect’s judgment as a design professional familiar with the construction industry. 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 Architectprofessional. § 6.3 In preparing estimates of The Owner shall require the Cost of Work, the Architect shall be permitted Consultant to include appropriate contingencies for design, bidding and or negotiating, price escalation; to determine what materials, equipment, component systems and types market conditions in estimates of ate ated Limitation on the more ndit glig construction are to be included in 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’s estimate Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniquesthe Cost Consultant prepares as the Architect progresses with its Basic Services. If Architect will work with the Owner requests detailed and the Cost Consultant to ensure the design development pricing package has the appropriate level of design documented to allow Cost Consultant to provide the required accuracy to commit on cost. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Cost Consultant’s inaccuracies or incompleteness in preparing cost estimating estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Cost Consultant’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall provide report to the Owner any material inaccuracies and inconsistencies noted during any such services as an Additional Service under Article 4review. § 6.4 The Architect’s Estimate If, prior to the conclusion of the Design Development Phase, the Cost of the Work shall be projected to the scheduled d Bidding and Negotiation Phase of Services. § 6.5 If at any time the ArchitectConsultant’s estimate of the Cost of the Work exceeds the Owner’s St budget for the Cost of the Work, the Architect, in consultation with the Cost Consultant, 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 estimate of the Cost of the Work (SLCW)at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Architect shall analyze its design and inform the Owner of to build and of any related compromises to quality of construction. However, when those co of the Construction Documents Phase of Services either as a result of some other fault or neshall

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect for a 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 contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs.all § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial InformationInformation herein, and may shall be adjusted throughout the ProjectProject as required under Sections 5.2, 6.4 and 6.5. 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 Work, prepared by the Architect as part of Basic ServicesArchitect, represent the Architect’s judgment as a design professional familiar with professional. It is recognized, however, that neither the construction industryArchitect 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. The 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 Work, or from any estimate of the Cost of the Work Work, or evaluation evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding bidding, and price escalation; to determine what materials, equipment, component systems systems, and types of ate ated Limitation on the more ndit glig construction are to be included in the Contract Documents; to make recommend reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Workbudget. 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 requests requires a detailed cost estimating servicesestimate of the Cost of the Work, the Architect shall provide such services an estimate, if identified as an Additional Service under Article 4the Architect’s responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 The 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 Estimate of budget for the Cost of the Work shall be projected adjusted to reflect changes in the scheduled d Bidding and Negotiation Phase general level of Servicesprices 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 St budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner’s budget for the Cost of the Work (SLCW), at the Architect shall analyze its design and inform the Owner of to build and of any related compromises to quality of construction. However, when those co conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of Services either 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; .4 in consultation with the Architect, revise the Project program, scope, or quality as a result required to reduce the Cost of some the Work; or, .5 implement any other fault 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 nethe 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 budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect

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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 contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project. 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 as part of Basic Services, represent the Architect’s judgment as a design professional familiar with the construction industry. 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 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 ate ated Limitation on the more ndit glig construction are to be included in 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’s estimate of the 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 The Architect’s Estimate of the Cost of the Work shall be projected to the scheduled d date for completion of the Bidding and Negotiation Phase of Services. § 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s St Stated Limitation on the Cost of the Work (SLCW), the Architect shall analyze its design and inform the Owner of more cost-effective ways to build and of any related compromises to quality of construction. However, when those co conditions occur at the end of the Construction Documents Phase of Services either as a result of some other fault or nenegligence of the Architect the Owner may elect to compel one or more of the following measures (or some combination thereof: (1) approve an increased SLCW, in which case the basis of the Architect’s compensation shall be fixed at the previously approved SLCW or the Architect’s most recent Estimate of the Cost of the Work, whichever is less; (2) reject the design and/or Construction Documents, in which case the Owner’s reproduction and delivery costs and other costs related to the rejected bidding or negotiation shall be deducted from Architect’s compensation; (3) direct the Architect to revise the design and/or the Construction Documents in a manner that is agreeable to the Owner and that conforms to the SLCW, in which case these Services shall be provided by the Architect at no cost to the Owner and the cost of reissuance of documents shall be borne solely by the Architect; (4) revise the program or the Scope of Work, in which case the Services shall be provided by the Architect at no cost to the Owner and the cost of reissuance of documents (and damages suffered by the Owner as a result) shall be borne solely by the Architect; 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 Engineer and shall include contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the ArchitectEngineer, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costscosts that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project. 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 as part of Basic Services, represent the Architect’s judgment as a design professional familiar with the construction industry. 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.adjusted § 6.3 In preparing estimates of the Cost of Work, the Architect Engineer shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of ate ated Limitation on the more ndit glig construction are to be included in 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 ArchitectEngineer’s estimate of the 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 The Architect’s Estimate of the Cost of the Work shall be projected to the scheduled d Bidding and Negotiation Phase of Services. § 6.5 If at any time the ArchitectEngineer’s estimate of the Cost of the Work exceeds the Owner’s St budget for the Cost of the Work, the Engineer 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 Engineer in making such adjustments. § 6.5 If the Owner’s budget for the Cost of the Work (SLCW), at the Architect shall analyze its design and inform the Owner of to build and of any related compromises to quality of construction. However, when those co conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of Services either as a result an increase in the budget for the Cost of some other fault or nethe Work;

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 contractors’ general conditions costs, 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 does not include the compensation of the Architect, the costs of the land, rights-of-of- way, financing, contingencies for changes in the Work or other costscosts that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the ProjectProject as required under Sections 5.4 and 6.4. 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 as part of Basic Services, represent the Architect’s judgment as a design professional familiar with the construction industry. 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 Architectprofessional. § 6.3 In preparing estimates of The Owner shall require the Cost of Work, the Architect shall be permitted Construction Manager to include appropriate contingencies for design, bidding and or negotiating, price escalation; to determine what materials, equipment, component systems and types market conditions in estimates of ate ated Limitation on the more ndit glig construction are to be included in 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’s estimate 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 be based on current areaprepare, volume as an Additional Service, revisions to the Drawings, Specifications or similar conceptual estimating techniquesother documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates. The Architect may review the Construction Manager’s estimates solely for § 6.3.1 If the Owner requests Architect is providing detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4Service, 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 cooperatively to conform the cost estimates to one another. § 6.4 The Architect’s Estimate If, prior to the conclusion of the Cost of Design Development Phase, the Work shall be projected to the scheduled d Bidding and Negotiation Phase of Services. § 6.5 If at any time the ArchitectConstruction Manager’s estimate of the Cost of the Work exceeds the Owner’s St 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, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the estimate of the Cost of the Work (SLCW)at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Architect Owner shall analyze its design and inform .1 give written approval of an increase in the Owner of to build and of any related compromises to quality of construction. However, when those co budget for the Cost of the Construction Documents Phase of Services either as a result of some other fault or neWork;

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 or estimated construction cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, including fixtures and appliances, and the costs of work called for by design-build systems to be furnished by the land, rights-of-way, financing, contingencies for changes in the Work or other costs.Contractor based on the § 6.2 The Owner’s [Note: Select either the first or second sentence depending on when Construction Budget is established.] Owner hereby establishes a budget for the Cost of the Work for the Project to be Dollars ($ ), which shall be understood and agreed to be a fixed limit of Construction Cost for the Project and is provided in Initial Informationa condition of this Agreement. At the conclusion of the Schematic Design Phase, the Owner will establish a fixed limit of Construction Cost for the Project, which will be understood and agreed that this fixed limit is a condition of this Agreement. It is understood and agreed that this fixed limit is a condition of this Agreement. The Owner’s budget may be adjusted throughout the ProjectProject as required under Section 5.2. 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 as part of Basic Services, represent the Architect’s judgment as a design professional familiar with professional. It is recognized, however, that neither the construction industry. 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 In preparing estimates of If the Cost of WorkOwner is providing cost estimating services, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of ate ated Limitation on the more ndit glig construction are to be included in 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’s estimate of the Cost of the Work shall be based on current areainclude appropriate contingencies for design, volume bidding or similar conceptual estimating techniquesnegotiating, price escalation, and market conditions. If the The Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 The Architect’s Estimate estimates of the Cost of the Work shall be projected to at intervals agreed upon by the scheduled d Bidding Owner and Negotiation Phase of Services. § 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s St Cost of the Work (SLCW), the Architect shall analyze its design and inform the Owner of to build and of any related compromises to quality of construction. However, when those co of the Construction Documents Phase of Services either as a result of some other fault or neper Section

Appears in 1 contract

Samples: Professional Services

Cost of the Work. § 6.1 For purposes of this the Agreement, the Cost of the Work shall be the total cost to the Owner to construct construct, purchase and install all elements of the Project designed or specified by the Architect and shall include contractors’ and vendors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costscosts that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is shall be provided in Article 1, Initial Information, and may be adjusted throughout the Project. 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 as part of Basic Services, represent the Architect’s judgment as a design professional familiar with professional. It is recognized, however, that neither the construction industryArchitect nor Owner has control over the cost of labor, materials, furniture, furnishings or equipment; over the Contractors’ methods of determining bid prices; or over market conditions. The Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices quotations 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 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, furniture, furnishings and equipment, finishes, component systems and types of ate ated Limitation on the more ndit glig construction are to be included in 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’s estimate of the Cost of the Work shall may be based on current area, volume or similar conceptual estimating techniques. If an increase in the Contract Sum occurring after execution of the Contract between the Owner requests detailed cost estimating servicesand the Contractor causes the budget for the Cost of the Work to be exceeded, the Architect that budget shall provide such services as an Additional Service under Article 4be increased accordingly. § 6.4 The If bidding or requests for quotations have not commenced within 90 days after the Architect submits the Contract Documents to the Owner, through no fault of the Architect, the Owner’s Estimate of budget for the Cost of the Work shall be projected adjusted to reflect changes in the scheduled d Bidding and Negotiation Phase general level of Servicesprices in the applicable market. § 6.5 As the design process progresses through the end of the preparation of the Contract Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s St budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner’s budget for the Cost of the Work (SLCW)at the conclusion of the Contract Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Architect Owner shall analyze its design and inform .1 give written approval of an increase in the Owner of to build and of any related compromises to quality of construction. However, when those co budget for the Cost of the Construction Documents Phase of Services either as a result of some other fault or neWork;

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect for Architectural Interior Design 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 contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, labor including escalation for phased work or market conditions, 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 costs of the land, rights-of-way, financing, or contingencies for changes in the Work Work; or other costscosts that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may shall be adjusted throughout the ProjectProject as required under Sections 5.2, 6.4 and 6.5. 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 Work, prepared by the Architect as part of Basic ServicesArchitect, represent the Architect’s judgment as a design professional familiar with professional. It is recognized, however, that neither the construction industryArchitect 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. The 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 Work, or from any estimate of the Cost of the Work Work, or evaluation evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding bidding, and price escalation; to determine what materials, equipment, component systems systems, and types of ate ated Limitation on the more ndit glig construction are to be included in the Contract Documents; to make recommend reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. budget for the Cost of the Workas defined in EXH-A Project Charter and EXH-B Project Design Milestones & Deliverables. 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 requests requires a detailed cost estimating servicesestimate of the Cost of the Work, the Architect shall provide such services an estimate, if identified as an Additional Service under Article 4. the Architect’s responsibility in Section 4.1.1, as a Supplemental Service. dge oject’s size, quality, or g such adjustments. ocu ner ments Phase Services shall § 6.4 The 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 Estimate of budget for the Cost of the Work shall may be projected adjusted to reflect changes in the scheduled d Bidding and Negotiation Phase general level of Servicesprices 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 St Cost of the Work (SLCW), the Architect shall analyze its design and inform the Owner of to build and of any related compromises to quality of construction. However, when those co of the Construction Documents Phase of Services either as a result of some other fault or ne

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 Architect, which estimate and design have been previously approved by the Owner, and shall include contractors’ 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 costs of the land, rights-rights- of-way, financing, contingencies for changes in the Work Work; or other costscosts that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may shall be adjusted throughout the ProjectProject as stated in Sections 5.4 and 6.5. 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 Work, prepared by the Architect as part of Basic ServicesArchitect, represent the Architect’s judgment as a design professional familiar with professional. It is recognized, however, that neither the construction industryArchitect 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. The 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 Work, or from any estimate of the Cost of the Work Work, or evaluation evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding bidding, and price escalation; to determine what materials, equipment, component systems systems, and types of ate ated Limitation on the more ndit glig construction are to be included in the Contract Documents; to make recommend reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Workbudget. 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 requests requires a detailed cost estimating servicesestimate of the Cost of the Work, the Architect shall provide such services an estimate, if identified as an Additional Service under Article 4the Architect’s responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 The If, through no fault of the Architect, the Procurement Phase with proposed contractors has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner’s Estimate of budget for the Cost of the Work shall may be projected adjusted to reflect changes in the scheduled d Bidding and Negotiation Phase general level of Servicesprices 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 St budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner’s budget for the Cost of the Work (SLCW), at the Architect shall analyze its design and inform the Owner of to build and of any related compromises to quality of construction. However, when those co conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner may .1 give written approval of Services either as a result an increase in the budget for the Cost of some other fault or nethe Work;

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect

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