Common use of Design Within the Project Construction Budget Clause in Contracts

Design Within the Project Construction Budget. 4.10.1 The Designer shall prepare cost estimates for the Project as described in Article 7 of this Contract or at more frequent intervals as required in the RFS. Unless otherwise specified in the RFS, the cost estimates shall be considered Basic Services and the Designer is not eligible for any additional compensation for preparing the same. The format for cost estimates shall be in accordance with the requirements of the Authority. 4.10.2 The Designer shall produce a design for the Project meeting the requirements of the scope of work described in the RFS to be constructed within the Project Construction Budget, provided that the Designer shall be permitted to recommend to the Owner such adjustments to the Project’s design, consistent with the Project Funding Agreement, as the Designer reasonably believes may be required to adhere to the Project Construction Budget. In the event the Designer’s cost estimate for the Project (as reconciled in accordance with the provisions of this Contract) exceeds the Project Construction Budget, the Owner may require the Designer to revise the design, drawings and specifications to keep the cost estimate for the Project within the Project Construction Budget. The Designer shall not be entitled to extra compensation for making such revisions to contain costs within the Project Construction Budget. 4.10.3 In a Project constructed pursuant to M.G.L. c. 149, §§ 44A-M, if the Project Construction Budget is exceeded by the lowest bona fide, responsible bid by any amount, the Owner shall direct the Designer to review and compare the Project Construction Budget with the bids received to identify the variances. Upon completion of this review and submission of the Designer’s report to the Owner and Authority, the Owner shall, with the approval of the Authority: (a) direct the Designer to revise the Final Design Program, Project scope and quality as required to reduce the estimated construction costs to be within the Project Construction Budget, in accordance with Article 4.10.5 of this Contract; or (b) give written approval to the Designer of an increase in the Project Construction Budget; or (c) authorize rebidding of the Project within a reasonable time; or (d) terminate this Contract in accordance with Article 12.3; or (e) implement any other mutually accepted alternative that the Owner and the Designer may agree on. 4.10.4 In a Project constructed pursuant to M.G.L. c. 149A, the Designer shall be responsible for managing the design of the Project to stay within the Project Construction Budget. If the GMP proposal submitted by the CM at Risk exceeds the Project Construction Budget, the Designer shall review and compare the Project Construction Budget with the GMP proposal submitted by the CM at Risk to identify the variances. Upon completion of this review, if directed by the Owner, the Designer shall assist the Owner in negotiating a GMP within the Project Construction Budget in accordance with Article 7.

Design Within the Project Construction Budget. 4.10.1 (a) The Designer A/E shall prepare cost estimates for the Project as described in Article 7 of this Contract or at more frequent intervals as required in the RFSRFP. Unless otherwise specified in the RFSRFP, the cost estimates shall be considered Basic Services and the Designer A/E is not eligible for any additional compensation for preparing the same. The format for cost estimates shall be in accordance with the requirements of the AuthorityOwner. 4.10.2 (b) The Designer A/E shall produce a design for the Project meeting the requirements of the scope of work described in the RFS Preferred Schematic Design to be constructed within the Project Construction Budget, provided that the Designer A/E shall be permitted to recommend to the Owner such adjustments to the Project’s design, consistent with the Project Funding Agreement, design as the Designer A/E reasonably believes may be required to adhere to the Project Construction Budget. In the event the DesignerA/E’s cost estimate for the Project (as reconciled in accordance with the provisions of this Contract) exceeds the Project Construction Budget, the Owner may require the Designer A/E to revise the design, drawings and specifications to keep the cost estimate for the Project within the Project Construction Budget. The Designer A/E shall not be entitled to extra additional compensation for making such revisions to contain costs within the Project Construction Budget. 4.10.3 (c) In a Project constructed pursuant to M.G.L. c. 149, §§ 44A-MM and/or M.G.L. Chapter 30, if the Project Construction Budget is exceeded by the lowest bona fide, responsible bid by any amount, the Owner shall direct the Designer A/E to review and compare the Project Construction Budget with the bids received to identify the variances. Upon completion of this review and submission of the DesignerA/E’s report to the Owner and AuthorityOwner, the Owner shall, with the approval of the Authority: (a) direct i. Direct the Designer A/E to revise the Final Design Program, Project scope Scope and quality as required to reduce the estimated construction costs to be within the Project Construction Budget, in accordance with Article 4.10.5 4.11(e) of this Contract; or (b) give ii. Give written approval to the Designer A/E of an increase in the Project Construction Budget; or (c) authorize iii. Authorize rebidding of the Project within a reasonable time; or (d) terminate iv. Terminate this Contract in accordance with Article 12.311.3; or (e) implement v. Implement any other mutually accepted alternative that the Owner and the Designer A/E may agree on. 4.10.4 (d) In a Project constructed pursuant to M.G.L. c. 149A, the Designer A/E shall be responsible for managing the design of the Project to stay within the Project Construction Budget. If the GMP proposal submitted by the CM at Risk exceeds the Project Construction Budget, the Designer A/E shall review and compare the Project Construction Budget with the GMP proposal submitted by the CM at Risk to identify the variances. Upon completion of this review, if directed by the Owner, the Designer A/E shall assist the Owner in negotiating a GMP within the Project Construction Budget. If a GMP cannot be successfully negotiated between the Owner and the CM at Risk within the Project Construction Budget, the Owner shall: i. Direct the A/E to participate with the Owner and CM at Risk in design reviews and revise the design, including appropriate revisions to drawings and specifications, as necessary in order to reach an agreement on a GMP within the Project Construction Budget; or ii. Give written approval to the A/E of an increase in the Project Construction Budget and resume negotiating a GMP with the CM at Risk; or iii. Terminate this Contract in accordance with Article 711.3; or iv. Implement any other mutually accepted alternative that the Owner and the A/E may agree on. (e) If the Owner chooses to proceed under Article 4.11(c)i or 4.11(d)i, the A/E and its Subconsultants, without receiving additional compensation, except if fewer than three bona fide, responsible bids were received (in the case of a Project constructed pursuant to M.G.L. c. 149, §§ 44A-44M and or M.G.L. Chapter 30) or (in the case of a Project constructed pursuant to X.X. x. 149A) if fewer than three bona fide responsible Trade Contractor or so-called non-trade contractor bids for each category of work were received, shall cooperate in revising the designs, drawings and specifications as may be required to reduce or modify the quality or scope or both, of the Project so that they will comply with the Project Construction Budget as approved at the conclusion of the Construction Documents Phase or as amended. Upon completion of these revisions, the A/E shall also be required to produce a revised cost estimate demonstrating that the estimated cost of the Project does not exceed the Project Construction Budget. Revising the designs, drawings, and specifications and updating the cost estimate shall be the sole obligation on the part of the A/E with respect to 4.11(c)i or 4.11(d)i; (f) If the Owner elects to proceed with revisions that significantly increase the complexity either of the Construction Contract Documents themselves or the Construction Administration Phase services that the A/E will have to provide, then the A/E shall be entitled to an equitable adjustment in its Fee to reflect the impact on its services; (g) If the bid or proposal referenced in 4.11(c) or 4.11(d) above was submitted on a date that is more than three months after approval of the Construction Contract Documents then such revisions shall be Additional Services. (h) The A/E must receive written approval of the Owner before the Project Construction Budget shall be considered amended.

Design Within the Project Construction Budget. 4.10.1 The Designer shall prepare cost estimates for the Project as described in Article 7 of this Contract or at more frequent intervals as required in the RFS. Attachment B. Unless otherwise specified in the RFSAttachment B, the cost estimates shall be considered Basic Services and the Designer is not eligible for any additional compensation for preparing the same. The format for cost estimates shall be in accordance with the requirements of the Authority. 4.10.2 The Designer shall produce a design for the Project meeting the requirements of the scope of work described in the RFS Attachment B to be constructed within the Project Construction Budget, provided that the Designer shall be permitted to recommend to the Owner such adjustments to the Project’s design, consistent with the Project Funding Agreement, as the Designer reasonably believes may be required to adhere to the Project Construction Budget. In the event the Designer’s cost estimate for the Project (as reconciled in accordance with the provisions of this Contract) exceeds the Project Construction Budget, the Owner may require the Designer to revise the design, drawings and specifications to keep the cost estimate for the Project within the Project Construction Budget. The Designer shall not be entitled to extra compensation for making such revisions to contain costs within the Project Construction Budget. 4.10.3 In a Project constructed pursuant to M.G.L. c. 149, §§ 44A-M, if the Project Construction Budget is exceeded by the lowest bona fide, responsible bid by any amount, the Owner shall direct the Designer to review and compare the Project Construction Budget with the bids received to identify the variances. Upon completion of this review and submission of the Designer’s report to the Owner and Authority, the Owner shall, with the approval of the Authority: (a) direct the Designer to revise the Final Design Program, Project scope and quality as required to reduce the estimated construction costs to be within the Project Construction Budget, in accordance with Article 4.10.5 of this Contract; or (b) give written approval to the Designer of an increase in the Project Construction Budget; or (c) authorize rebidding of the Project within a reasonable time; or (d) terminate this Contract in accordance with Article 12.3; or (e) implement any other mutually accepted alternative that the Owner and the Designer may agree on. 4.10.4 In a Project constructed pursuant to M.G.L. c. 149A, the Designer shall be responsible for managing the design of the Project to stay within the Project Construction Budget. If the GMP proposal submitted by the CM at Risk exceeds the Project Construction Budget, the Designer shall review and compare the Project Construction Budget with the GMP proposal submitted by the CM at Risk to identify the variances. Upon completion of this review, if directed by the Owner, the Designer shall assist the Owner in negotiating a GMP within the Project Construction Budget in accordance with Article 7.7.7.9

Design Within the Project Construction Budget. 4.10.1 The Designer shall prepare cost estimates for the Project as described in Article 7 of this Contract or at more frequent intervals as required in the RFSContract. Unless otherwise specified in the RFS, the The cost estimates shall be considered Basic Services and the Designer is not eligible for any additional compensation for preparing the same. The format for cost estimates shall be in accordance with the requirements of the Authority. 4.10.2 The Designer shall produce a design for the Project meeting the requirements of the scope of work described in the RFS to be constructed incorporated within the Project Construction Budget of the Total Project Budget, as defined in Article, provided that the Designer shall be permitted to recommend to the Owner such adjustments to the Project’s design, consistent with the Project Funding Agreement, as the Designer reasonably believes may be required to adhere to the Project Construction Budget. In the event the Designer’s cost estimate for the Project (as reconciled in accordance with the provisions of this Contract) exceeds the Project Construction Budget, the Owner may require the Designer to revise the design, drawings drawings, and specifications to keep the cost estimate for the Project within the Project Construction Budget. The Designer shall not be entitled to extra compensation for making such revisions to contain costs within the Project Construction Budget. 4.10.3 In a Project constructed pursuant to M.G.L. c. 149, §§ 44A-44A-44M, if the Project Construction Budget is exceeded by the lowest bona fide, responsible bid by any amount, the Owner shall direct the Designer to review and compare the Project Construction Budget with the bids received to identify the variances. Upon completion of this review and submission of the Designer’s report to the Owner and Authority, the Owner shall, with the approval of the Authority: (a) direct the Designer to revise the Final Design Program, Project scope and quality as required to reduce the estimated construction costs to be within the Project Construction Budget, in accordance with Article 4.10.5 of this Contract; or (b) give written approval to the Designer of an increase in the Project Construction Budget; or (c) authorize rebidding of the Project within a reasonable time; or (d) terminate this Contract in accordance with Article 12.3; or (e) implement any other mutually accepted alternative that the Owner and the Designer may agree on. 4.10.4 In (a) If the Owner chooses to proceed under Article 4.10.3(a), the Designer and its Subconsultants, without receiving additional compensation, except if fewer than three bona fide, responsible bids were received (in the case of a Project constructed pursuant to M.G.L. c. 149A149, §§ 44A-44M) or if 4.10.5(b) and/or (c) applies, shall cooperate in revising the designs, drawings, and specifications as may be required to reduce or modify the quality or scope or both, of the Project so that they will comply with the Project Construction Budget as approved at the conclusion of the Construction Documents Phase or as amended. Upon completion of these revisions, the Designer shall also be responsible for managing required to produce a revised cost estimate demonstrating that the design estimated cost of the Project to stay within does not exceed the Project Construction Budget. Revising the designs, drawings, and specifications and updating the cost estimate shall be the sole obligation on the part of the Designer with respect to 4.10.3(a); (b) If the GMP proposal submitted by Owner elects to proceed with revisions that significantly increase the CM at Risk exceeds complexity either of the Project Construction BudgetContract Documents themselves or the Construction Administration Phase services that the Designer will have to provide, then the Designer shall review be entitled to an equitable adjustment in its Fee to reflect the impact on its services; (c) If the bid or proposal referenced in 4.10.3 or 4.10.4 above was submitted on a date that is more than three (3) months after approval of the Construction Contract Documents then such revisions shall be Extra Services. 4.10.5 The Designer must receive written approval of the Owner and compare the Authority before the Project Construction Budget with the GMP proposal submitted by the CM at Risk to identify the variances. Upon completion of this review, if directed by the Owner, the Designer shall assist the Owner in negotiating a GMP within the Project Construction Budget in accordance with Article 7be considered amended.

Design Within the Project Construction Budget. 4.10.1 The Designer shall prepare cost estimates for the Project as described in Article 7 of this Contract to be included with each Phase submission or at more frequent intervals as required in the RFS. Unless otherwise specified in the RFS, the cost estimates shall be considered Basic Services and the Designer is not eligible for any additional compensation for preparing the same. The format for cost estimates shall be in accordance with the requirements of the Authority. 4.10.2 The Project Construction Budget established by the Owner is the amount within the Total Project Budget that has been budgeted for construction of the Project. The Designer shall produce a design for the Project meeting the requirements of the scope of work described in the RFS to be constructed within the Project Construction Budget, provided that the Designer shall be permitted to recommend to the Owner such adjustments to the Project’s design, consistent with the Project Funding Agreement, as the Designer reasonably believes may be required to adhere to the Project Construction Budget. In the event the Designer’s cost estimate for the Project (as reconciled in accordance with the provisions of this Contract) exceeds the Project Construction Budget, the Owner may require the Designer to revise the design, drawings and specifications to keep the cost estimate for the Project within the Project Construction Budget. The Designer shall not be entitled to extra compensation for making such revisions to contain costs within the Project Construction Budget. 4.10.3 In a Project constructed pursuant to M.G.L. c. 149, §§ 44A-M, if If the Project Construction Budget is exceeded by the lowest bona fide, responsible bid by any amount, the Owner shall direct the Designer to review and compare the Project Construction Budget with the bids received to identify the variances. Upon completion of this review and submission of the Designer’s report to the Owner and Authorityreview, the Owner shall, with the approval of the Authority:, (a) direct the Designer to revise the Final Design Program, Project scope and quality as required to reduce the estimated construction costs to be within the Project Construction Budget, in accordance with Article 4.10.5 4.10.4 of this Contract; or (b) give written approval to the Designer of an increase in the Project Construction Budget; or (c) authorize rebidding of the Project within a reasonable time; or (d) terminate this Contract in accordance with Article 12.3; or (e) implement any other mutually accepted alternative that the Owner and the Designer may agree on. 4.10.4 In a (a) If the Owner chooses to proceed under Article 4.10.3(a), the Designer and his Subconsultants, without receiving additional compensation except if fewer than three bona fide, responsible bids were received, or if either 4.10.4(b) and/or (c) applies, shall cooperate in revising the designs, drawings and specifications as may be required to reduce or modify the quality or scope or both, of the Project constructed pursuant to M.G.L. c. 149Aso that they will comply with the Project Construction Budget as approved at the conclusion of the Construction Documents Phase or as amended. Upon completion of these revisions, the Designer shall also be responsible for managing required to produce a revised cost estimate demonstrating that the design estimated cost of the Project to stay within does not exceed the Project Construction Budget. Revising the designs, drawings, and specifications and updating the cost estimate shall be the sole obligation on the part of the Designer with respect to 4.10.3(a); (b) If the GMP proposal submitted by Owner elects to proceed with revisions that significantly increase the CM at Risk exceeds complexity either of the Project Construction BudgetContract Documents themselves or the Construction Administration Phase services that the Designer will have to provide, then the Designer shall review be entitled to an equitable adjustment in its Fee to reflect the impact on its services; (c) If the bid or proposal referenced in 4.10.3 above was submitted on a date that is more than three (3) months after approval of the Construction Contract Documents (see 7.7.9 below), then such revisions shall be Extra Services. 4.10.5 The Designer must receive written approval of the Owner and compare the Authority before the Project Construction Budget with the GMP proposal submitted by the CM at Risk to identify the variances. Upon completion of this review, if directed by the Owner, the Designer shall assist the Owner in negotiating a GMP within the Project Construction Budget in accordance with Article 7be considered amended.