RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought.
RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 Evaluations of Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by Architect/Engineer, represent Architect/Engineer's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Architect/Engineer nor Owner has control over the cost of labor, materials or equipment, over Construction Manager's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer cannot and does not warrant or represent that bids or negotiated prices will not vary from Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by Architect/Engineer. Architect/Engineer, however, shall conform to the provisions of this Section entitled “Responsibility for Construction Cost” in an attempt to keep the Project cost within the Construction Cost.
6.2.2 At the start of the Construction Document phase, Architect/Engineer shall resolve with Owner any apparent discrepancy between the estimates of Construction Cost as set forth in this Article and in Article 3 and the scope and requirements of Owner. Architect/Engineer shall be permitted to include acceptable alternates in the Contract Documents for the purpose of providing a finished and acceptable facility within the Construction Cost. Inability of Owner to award an acceptable construction contract because the lowest acceptable bid is greater than the available funds shall be cause for Architect/Engineer to be required to revise the Project and to reprint bidding documents at Architect/Engineer’s own cost and expense in accordance with the requirements of this Agreement until a contract can be awarded within the Construction Cost.
6.2.3 If Architect/Engineer advises Owner in writing, after the Design Development Phase is completed and/or before the Construction Documents are 50% complete, that in the opinion of Architect/Engineer the scope of the work which Owner establishes and insists upon will cause the Construction Cost to exceed the funds available and resolution of this discrepancy fails, or if Owner increases the Construction Cost during the Construction Document Phase by adding to the scope and/or requirements and Architect/Engineer so notifies Owner in writing of the probable increase in cost, and Owner orders Architect/Engineer to proceed notwithstanding, then Architect/Engineer s...
RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Consultant, represent the Consultant's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly the Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Consultant.
5.2.2 The fixed limit of Construction Cost shall be established as the Consultants estimate under Article 2.3.
RESPONSIBILITY FOR CONSTRUCTION COST. Evaluations of Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by Professional, represent Professional's best judgment as a design professional familiar with the construction industry. It is also recognized, however, that neither Professional nor Owner has control over the cost of labor, materials or equipment, over Construction Manager's methods of determining bid prices, or over competitive bidding, market or negotiating conditions.
RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner’s Project budget, and Detailed Estimates of Construction Cost, prepared by the Engineer, represent the Engineer’s best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Engineer nor the Owner has control over the cost of labor, materials or equipment, over the Contractor’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Engineer cannot and does not warrant or represent that bids or negotiated prices will not vary from the fixed limit of construction cost, or from any cost estimate or evaluation prepared by the Engineer.
5.2.2 The Engineer shall be permitted to include reasonable contingencies for bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Construction Documents, to make reasonable adjustments in the scope of the Project, if approved by the Owner, in order to avoid exceeding the fixed limit of construction cost.
5.2.3 If the bidding or Negotiation Phase has not commenced within three months after the Engineer submits the Bid Documents to the Owner, the fixed limit of Construction Cost shall be adjusted to reflect any documented change in the general level of prices in the construction industry between the date of submission of the Bid Documents to the Owner in accord with the approved schedule, and the date on which proposals are sought.
5.2.4 If the fixed limit of Construction Cost is exceeded by the lowest responsible and responsive bid, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize re- bidding or negotiation of the low bid within a reasonable time, (3) if the Project is abandoned, terminate this Agreement, or (4) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of (4), the Engineer, without additional compensation, shall modify the Bid Documents as necessary to comply with the fixed limit. The providing of such service shall be the limit of the Engineer’s responsibility, and having done so, the Engineer shall be entitled to compensation for all other services performed, in accordance with this Agreement, whether or not the Construction Phase is commenced.
RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner’s Project budget, preliminary estimates of construction cost and detailed estimates of construction cost shall be determined by the XXXX; however, it is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the XXXX’x methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s Project budget or from any estimate of construction cost or evaluation prepared or agreed to by the Architect.
5.2.2 No fixed limit of construction cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the construction cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the contract sum occurring after execution of the contract for construction.
RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner’s Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Owner’s Representative, represent the Owner’s Representative’s judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Owner’s Representative nor the Owner has control over the cost of labor, materials, or equipment, over the Contractor’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Owner’s Representative cannot and does not warrant or represent that the bid prices will not vary from the Owner’s Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Owner’s Representative.
5.2.2 A fixed limit has been established (Refer Article 12) and the Owner’s Representative shall be permitted to include contingencies for bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit.
5.2.3 If the Bidding Phase has not commenced within 90 days after the Owner’s Representative submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry.
5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid, the Owner shall:
a. give written approval of an increase in such fixed limit; b. authorize rebidding of the Project within a reasonable time;
c. terminate in accordance with Paragraph 8.5; or
d. cooperate in revising the Project scope and quality as required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.1, the Owner’s Representative shall not be entitled to an adjustment in the compensation.
5.2.6 If the Owner chooses to proceed under Clause 5.2.4.4, the Owner’s Representative, without additional compensation, shall modify the documents for which the Owner’s Representative is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modificatio...
RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Fixed Limit of Construction Cost shall be established in Exhibit B.
5.2.2 Evaluations by the DP of the Fixed Limit of Construction Cost and Statements of Probable Construction Cost, as well as Detailed Estimates of Construction Cost (if any) prepared by the DP or its Consultants, represent the DP's best judgment as a Design Professional familiar with the construction industry. It is recognized, however, that neither the DP nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the DP cannot and does not warrant or represent those bids or negotiated prices will not vary from the Construction Cost proposed, established or approved by the Owner, if any.
5.2.3 When a Fixed Limit of Construction Cost is established in Exhibit B, an estimate of the Construction Cost prepared in detailed form by an experienced estimator shall be furnished (as an Additional Service) by the DP during each Phase and prior to receipt of bids. If this estimate, at any
RESPONSIBILITY FOR CONSTRUCTION COST. 3.1.1 Evaluations of the District’s Project budget and Construction Cost Estimates prepared by Construction Manager represent Construction Manager’s best judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither Construction Manager nor the District has control over the cost of labor, materials or equipment, over Contractors’ methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the District, or from any evaluation prepared by Construction Manager. The Construction Manager shall coordinate with the District to agree on what costs are included to define “Construction Cost” for the Project.
3.1.2 If the Bidding or Negotiation Phase has not commenced within 90 days after approval of the Construction Documents from DSA, any Project budget shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the District and the date on which bids/ proposals are sought.
RESPONSIBILITY FOR CONSTRUCTION COST. 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Professional, represent the Professional's best judgment as a design professional familiar with the construction industry. It is also recognized, however, that neither the Professional nor the Owner has control over the cost of labor, materials or equipment, over the Builder's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Professional cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Professional.
5.2.2 Subject to section 5.2.1., construction cost estimating shall be the responsibility of the Professional, but detailed cost estimates may be developed by an independent, third party cost estimator. In such cases, the Professional and the independent cost estimator shall work together to reconcile any material differences in their respective estimates. Drawings and specifications produced by the Professional shall, except as otherwise authorized or directed by the Owner, be consistent with or reasonably inferable from design documents upon which previously reconciled cost estimates are based. The Professional shall study and consider cost saving proposals made by any independent cost estimator providing services to the Project, shall itself initiate such proposals when necessary and appropriate, and, at the Owner’s written request, shall incorporate such proposals into the Drawings and specifications provided they are consistent with the design intent of the Project and within generally accepted standards of professional practice. Such study, consideration and incorporation shall be a Basic Service.
