Common use of RESPONSIBILITY FOR CONSTRUCTION COST Clause in Contracts

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 shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documents, shall be considered an Additional Service and payment for such extra work shall be as provided for under the Article entitled Additional Services above. 6.2.4 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer submits the Construction Documents to Owner, 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 Owner and the date on which proposals are sought.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 7.2.1 Evaluations of the Owner's ’s Project budget, preliminary estimates of Construction Cost and detailed estimates Detailed Estimates of Construction Cost, if any, prepared by the Architect/Engineer, represent the Architect/Engineer's ’s best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Architect/Engineer the Architect nor the Owner has control over the cost of labor, materials or equipment, over Construction Manager's the Contractor’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from Owner's Project budget the fixed limit of construction cost, or from any cost estimate of Construction Cost or evaluation prepared or agreed to by the 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 7.2.2 The Architect shall be permitted to include acceptable alternates reasonable 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 for the purpose of providing a finished and acceptable facility within the Construction Cost. Inability of Owner Documents, 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 make reasonable adjustments 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 Project, if approved by the Construction Cost Owner, in order to exceed avoid exceeding the funds available and resolution fixed limit 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 construction cost, and Owner orders Architect/Engineer to proceed notwithstanding, then Architect/Engineer shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documents, shall be considered an Additional Service and payment for such extra work shall be as provided for under the Article entitled Additional Services above. 6.2.4 7.2.3 If the Bidding bidding or Negotiation Phase has not commenced within 90 days three months after Architect/Engineer the Architect submits the Construction Bid Documents to the Owner, the fixed limit of Construction Cost shall be adjusted to reflect changes any documented change in the general level of prices in the construction industry between the date of submission of the Construction Bid Documents to the Owner in accord with the approved schedule, and the date on which proposals are sought. 7.2.4 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 Architect, 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 Architect’s responsibility, and having done so, the Architect 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. 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 Managerthe Builder'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 Construction Price 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 commencement of the Construction Documents are 50% completePhase, 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 Probable 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 shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documents, shall be considered an “Additional Service Service” and payment for such extra work shall be as provided for under the Article entitled “Additional Services Services” above. 6.2.4 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer submits the Construction Documents to Owner, 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 Owner and the date on which proposals are sought.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect/Engineer, represent the Architect/Engineer's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect/Engineer nor the Owner has control over the cost of labor, materials or equipment, over the Construction Manager's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect/Engineer 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/Engineer. The 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, the Architect/Engineer shall resolve with the Owner any apparent discrepancy between the estimates Estimates of Probable Construction Cost as set forth in this Article and in Article 3 above and the scope and requirements of the Owner. The 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 the Owner to award an acceptable construction contract because the lowest acceptable bid is greater than the available funds shall be cause for the Architect/Engineer to be required to revise the Project and to reprint bidding documents Bidding Documents at the 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 the Architect/Engineer advises the Owner in writing, after the Design Development Phase is completed and/or before the Construction Documents are 50% complete, that in the opinion of the Architect/Engineer the scope of the work which the Owner establishes and insists upon will cause the Construction Cost to exceed the funds available and resolution of this discrepancy fails, or if Owner the owner increases the Probable Construction Cost during the Construction Document Phase by adding to the scope and/or requirements and the Architect/Engineer so notifies the Owner in writing of the probable increase in cost, and the Owner orders the Architect/Engineer to proceed notwithstanding, then the Architect/Engineer shall not be responsible for the Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of the Architect/Engineer, as required to include in the Bidding Documents alternates as requested by the Owner and/or to redesign and redraft the Construction Documents, shall be considered an “Additional Service Service” and payment for such extra work shall be as provided for under the Article entitled “Additional Services Services” above. 6.2.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect/Engineer submits the Construction Documents to the Owner, 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 i. Evaluations of Owner's the LVMPD’s Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by Architect/Engineerthe Company’s independent estimator, represent Architect/Engineer's the Company’s best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Architect/Engineer the Company nor Owner the LVMPD has control over the cost of labor, materials or equipment, over the Construction Manager's Contractor’s methods of determining bid prices, prices or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer the Company cannot and does not warrant or represent that the bids or negotiated prices will not vary from Owner's the LVMPD’s Project budget or from any the estimate of Construction Cost or evaluation prepared or agreed to by Architect/Engineerthe Company. ii. Architect/Engineer, however, The Company shall conform to the provisions include in estimates of this Section entitled “Responsibility for Construction Cost” in an attempt to keep the Project cost within the Construction Cost. 6.2.2 At , allowances and contingencies for design, estimating, bidding, market factors, and price escalation, and shall be permitted, in cooperation with the start LVMPD, 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 Construction Document phase, Architect/Engineer shall resolve with Owner any apparent discrepancy between the estimates of Construction Cost as set forth in this Article Project and in Article 3 and the scope and requirements of Owner. Architect/Engineer shall be permitted to include acceptable alternates in the Contract Documents alternate bids for portions of the purpose of providing a finished and acceptable facility within Work so the estimated base bid does not exceed the Construction Cost. Inability of Owner to award an acceptable construction contract because the lowest acceptable bid is greater than the available funds The Construction Cost shall be cause for Architect/Engineer to be required to revise increased by the Project and to reprint bidding documents at Architect/Engineer’s own amount of any cost and expense in accordance with the requirements increases incurred after execution of this Agreement until a contract can be awarded within the Construction CostContract. 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 shall not be responsible for Owner not being able to award a construction contract within the available fundsiii. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documents, shall be considered an Additional Service and payment for such extra work shall be as provided for under the Article entitled Additional Services above. 6.2.4 If the Bidding or Negotiation Phase has not commenced within 90 calendar days after Architect/Engineer the Company submits the final, corrected Construction Documents incorporating all permit plan check comments and regulatory requirements to Ownerthe LVMPD ready for bidding, the Construction Cost shall may be adjusted by the Company to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to Owner the LVMPD and the date on which proposals are sought. iv. LVMPD shall (a) give written approval of an increase in such fixed limit; (b) authorize re-bidding of the Project within a reasonable time, (c) cooperate in revising the Project scope and quality as required to reduce the Construction Cost, or (d) cancel the Project. If the LVMPD chooses to proceed under option (c) of Item iv above, the Company, without additional charge, shall modify the Contract Documents as necessary to comply with the Construction Cost. This modification of Contract Documents shall be the limit of the Company’s responsibility arising out of the establishment of the Construction Cost.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 (a) Evaluations of Owner's Project budgetLAFAYETTE’s budget for the Project, preliminary estimates of Construction Cost Cost, and detailed estimates of Construction Cost, if any, prepared by Architect/EngineerCONTRACTOR, represent Architect/Engineer's the CONTRACTOR’s best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Architect/Engineer CONTRACTOR nor Owner LAFAYETTE has control over the cost of labor, materials materials, or equipment, over Construction Manager's the construction contractor’s methods of determining bid prices, or over competitive bidding, market market, or negotiating conditions. Accordingly, Architect/Engineer CONTRACTOR cannot and does not warrant or represent that bids or negotiated prices will not vary from Owner's LAFAYETTE’s budget for the Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by Architect/EngineerCONTRACTOR. (b) No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a budget for the Project, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. Architect/EngineerIf such a fixed limit has been established, howeverCONTRACTOR shall be permitted to include contingencies for design, shall conform bidding, and price escalation, to determine what materials, equipment, component systems, and types of construction are to be included in any construction contract documents, to make reasonable adjustments in the scope of the Project, and to include in the construction contract documents alternate bids to adjust the Construction Cost to the provisions of this Section entitled “Responsibility for Construction Cost” in an attempt fixed limit. (c) If LAFAYETTE does not issue its invitation to keep bid within 90 days after CONTRACTOR submits the Project cost within proposed contract construction documents to LAFAYETTE, CONTRACTOR shall have no further responsibility with respect to 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 (d) If a fixed limit of Construction Cost as set forth is exceeded by the lowest bona fide bid, LAFAYETTE shall: (1) give written approval of an increase in this Article and such fixed limit; (2) authorize re-bidding within a reasonable time; (3) abandon the Project; or (4) cooperate in Article 3 and revising 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 its quality as required 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 reduce the Construction Cost. 6.2.3 (e) If Architect/Engineer advises Owner in writingLAFAYETTE chooses to proceed under subsection (d)(4) hereof, after CONTRACTOR shall, without additional charge for services or out-of-pocket costs, modify its design and/or the Design Development Phase is completed and/or before proposed construction contract documents as necessary to comply with the Construction Documents are 50% completefixed limit, that in if established as a condition of this Agreement. The modification of such documents shall be the opinion limit of Architect/Engineer the scope CONTRACTOR’s responsibility arising out of the work which Owner establishes and insists upon will cause the Construction Cost to exceed the funds available and resolution establishment 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 shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documents, shall be considered an Additional Service and payment for such extra work shall be as provided for under the Article entitled Additional Services abovefixed limit. 6.2.4 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer submits the Construction Documents to Owner, 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 Owner and the date on which proposals are sought.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 5.2.1 Evaluations of the Owner's ’s Project budget, preliminary estimates of Construction Cost construction cost and detailed estimates of Construction Cost, if any, prepared construction cost shall be determined by Architect/Engineer, represent Architect/Engineer's best judgment as a design professional familiar with the construction industry. It is recognized, Contractor; however, it is recognized that neither Architect/Engineer the Architect nor the Owner has control over the cost of labor, materials or equipment, over Construction Manager's the Contractor’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's ’s Project budget or from any estimate of Construction Cost construction cost or evaluation prepared or agreed to by the Architect/Engineer. Architect/Engineer, however, . 5.2.2 No fixed limit of construction cost shall conform to the provisions be established as a condition of this Section entitled “Responsibility for Construction Cost” Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in an attempt to keep writing and signed by the Project cost within parties hereto. If such a fixed limit has been established, 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 Architect shall be permitted to include acceptable alternates 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 for alternate bids to adjust 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 costfixed limit. Fixed limits, and Owner orders Architect/Engineer to proceed notwithstanding, then Architect/Engineer shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documentsif any, shall be considered increased in the amount of an Additional Service and payment increase in the contract sum occurring after execution of the contract for such extra work shall be as provided for under the Article entitled Additional Services aboveconstruction. 6.2.4 5.2.3 If the Bidding bidding or Negotiation Phase negotiation phase has not commenced within 90 ninety (90) days after Architect/Engineer the Architect submits the Construction Documents to the Owner, Construction Cost 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. 5.2.4 If a fixed limit of construction cost (adjusted as provided in Paragraph 5.2.3) is exceeded by the lowest responsive/responsible or negotiated proposal, the Owner shall (A) Give written approval of an increase in such fixed limit; (B) Authorize rebidding or renegotiating of the Project within a reasonable time; (C) if the Project is abandoned, terminate in accordance with Paragraph 8.3; 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 Paragraph 5.2.4(D), the Architect, without additional charge, shall modify the Construction Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Construction Documents shall be the limit of the Architect’s responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the construction phase is commenced.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 5.2.1 Evaluations of the Owner's Project budgetBudget, preliminary estimates estimate of probable Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect/Engineer, represent the Architect/Engineer's best judgment as a design professional familiar with the construction industryConstruction Industry. It is recognized, however, that neither Architect/Engineer the Architect nor the Owner has control over the cost of labor, materials or equipment, over Construction Managerthe Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget Budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the 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 5.2.2 No fixed limit of Construction Cost shall be established as set forth a condition of this Agreement by the furnishing, proposal or establishment of a Project Budget, unless such fixed limit has been agreed upon in this Article writing and in Article 3 and signed by the scope and requirements of Ownerparties hereto. Architect/Engineer If such a fixed limit has been established, the Architect shall be permitted to include acceptable alternates 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 for the purpose of providing a finished and acceptable facility within the Construction Cost. Inability of Owner alternate bids 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 adjust 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 fixed limit. These decisions shall not be responsible for Owner not being able to award a construction conflict with the District Master Specifications in effect at the time of contract within the available fundsexecution or minimum material and/or performance standards. Under such conditions the extra work of Architect/EngineerFixed limits, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documentsif any, shall be considered increased in the amount of an Additional Service and payment increase in the Contract Sum occurring after execution of the Contract for such extra work shall be as provided for under the Article entitled Additional Services aboveConstruction. 6.2.4 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer the Architect 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. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Article 5, Subparagraph 5.2.3 of this Agreement) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: 1. give written approval of an increase in such fixed limit or; 2. authorize rebidding or renegotiating of the Project within a reasonable time or: 3. cooperate in revising the Project scope and quality as required to reduce the Construction Cost or; 4. require the Architect to redesign the Project to reduce the construction cost at no additional fee to the Owner or; 5. terminate in accordance with Article 8, Paragraph 8.3 of this Agreement, if the Project is abandoned or; 6. terminate this Agreement for convenience in accordance with Article 8, Paragraph 8.6 of this Agreement. 5.2.5 If the Owner chooses to proceed under Article 5, Subparagraph 5.2.4.3 of this Agreement, the Architect, without additional charge, shall revise the Contract Documents as necessary to comply with the fixed limit. The revisions of Contract Documents shall be the limit of the Architect’s responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase has commenced.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 (a) Evaluations of Owner's Project budgetFIRESTONE’s budget for the Project, preliminary estimates of Construction Cost Cost, and detailed estimates of Construction Cost, if any, prepared by Architect/EngineerCONTRACTOR, represent Architect/Engineer's the CONTRACTOR’s best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Architect/Engineer CONTRACTOR nor Owner FIRESTONE has control over the cost of labor, materials materials, or equipment, over Construction Manager's the construction contractor’s methods of determining bid prices, or over competitive bidding, market market, or negotiating conditions. Accordingly, Architect/Engineer CONTRACTOR cannot and does not warrant or represent that bids or negotiated prices will not vary from Owner's FIRESTONE’s budget for the Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by Architect/EngineerCONTRACTOR. (b) No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a budget for the Project, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. Architect/EngineerIf such a fixed limit has been established, howeverCONTRACTOR shall be permitted to include contingencies for design, shall conform bidding, and price escalation, to determine what materials, equipment, component systems, and types of construction are to be included in any construction contract documents, to make reasonable adjustments in the scope of the Project, and to include in the construction contract documents alternate bids to adjust the Construction Cost to the provisions of this Section entitled “Responsibility for Construction Cost” in an attempt fixed limit. (c) If FIRESTONE does not issue its invitation to keep bid within 90 days after CONTRACTOR submits the Project cost within proposed contract construction documents to FIRESTONE, CONTRACTOR shall have no further responsibility with respect to 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 (d) If a fixed limit of Construction Cost as set forth is exceeded by the lowest bona fide bid, FIRESTONE shall: (1) give written approval of an increase in this Article and such fixed limit; (2) authorize re-bidding within a reasonable time; (3) abandon the Project; or (4) cooperate in Article 3 and revising 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 its quality as required 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 reduce the Construction Cost. 6.2.3 (e) If Architect/Engineer advises Owner in writingFIRESTONE chooses to proceed under subsection (d)(4) hereof, after CONTRACTOR shall, without additional charge for services or out-of-pocket costs, modify its design and/or the Design Development Phase is completed and/or before proposed construction contract documents as necessary to comply with the Construction Documents are 50% completefixed limit, that in if established as a condition of this Agreement. The modification of such documents shall be the opinion limit of Architect/Engineer the scope CONTRACTOR’s responsibility arising out of the work which Owner establishes and insists upon will cause the Construction Cost to exceed the funds available and resolution establishment 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 shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documents, shall be considered an Additional Service and payment for such extra work shall be as provided for under the Article entitled Additional Services abovefixed limit. 6.2.4 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer submits the Construction Documents to Owner, 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 Owner and the date on which proposals are sought.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect/Engineer, represent the Architect/Engineer's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect/Engineer nor the Owner has control over the cost of labor, materials or equipment, over Construction Managerthe Builder's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect/Engineer 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/Engineer. The 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, the Architect/Engineer shall resolve with the Owner any apparent discrepancy between the estimates Estimates of Probable Construction Cost as set forth in this Article and in Article 3 above and the scope and requirements of the Owner. The 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 the Owner to award an acceptable construction contract because the lowest acceptable bid Construction Price is greater than the available funds shall be cause for the Architect/Engineer to be required to revise the Project and to reprint bidding documents Bidding Documents at the 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 the Architect/Engineer advises the Owner in writing, after the Design Development Phase is completed and/or before commencement of the Construction Documents are 50% completePhase, that in the opinion of the Architect/Engineer the scope of the work which the Owner establishes and insists upon will cause the Construction Cost to exceed the funds available and resolution of this discrepancy fails, or if Owner the owner increases the Probable Construction Cost during the Construction Document Phase by adding to the scope and/or requirements and the Architect/Engineer so notifies the Owner in writing of the probable increase in cost, and the Owner orders the Architect/Engineer to proceed notwithstanding, then the Architect/Engineer shall not be responsible for the Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of the Architect/Engineer, as required to include in the Bidding Documents alternates as requested by the Owner and/or to redesign and redraft the Construction Documents, shall be considered an “Additional Service Service” and payment for such extra work shall be as provided for under the Article entitled “Additional Services Services” above. 6.2.4 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer submits the Construction Documents to Owner, 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 Owner and the date on which proposals are sought.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 5.2.1 Evaluations of the Owner's ’s Project budget, preliminary estimates of Construction Cost and detailed estimates Detailed Estimates of Construction Cost, if any, prepared by the Architect/Engineer, represent the Architect/Engineer's ’s best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Architect/Engineer the Architect nor the Owner has control over the cost of labor, materials or equipment, over Construction Manager's the Contractor’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from Owner's Project budget the fixed limit of construction cost, or from any cost estimate of Construction Cost or evaluation prepared or agreed to by the 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 5.2.2 The Architect shall be permitted to include acceptable alternates reasonable 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 for the purpose of providing a finished and acceptable facility within the Construction Cost. Inability of Owner Documents, 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 make reasonable adjustments 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 Project, if approved by the Construction Cost Owner, in order to exceed avoid exceeding the funds available and resolution fixed limit 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 construction cost, and Owner orders Architect/Engineer to proceed notwithstanding, then Architect/Engineer shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documents, shall be considered an Additional Service and payment for such extra work shall be as provided for under the Article entitled Additional Services above. 6.2.4 5.2.3 If the Bidding bidding or Negotiation Phase has not commenced within 90 days three months after Architect/Engineer the Architect submits the Construction Bid Documents to the Owner, the fixed limit of Construction Cost shall be adjusted to reflect changes any documented change in the general level of prices in the construction industry between the date of submission of the Construction 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 Architect, 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 Architect’s responsibility, and having done so, the Architect 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. 6.2.1 4.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect/Engineer, represent the Architect/Engineer's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Architect/Engineer the Architect nor the Owner has control over the cost of labor, materials or equipment, over Construction Managerthe Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer 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/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 4.2.2 No fixed limit of Construction Cost shall be established as set forth a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless it regards the Architect fees or such fixed limit has been agreed upon in this Article writing and in Article 3 and signed by the scope and requirements of Ownerparties hereto. Architect/Engineer If such a fixed limit has been established, the Architect shall be permitted to include acceptable alternates 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 for the purpose of providing a finished and acceptable facility within the Construction Cost. Inability of Owner alternate bids 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 adjust the Construction Cost to exceed the funds available and resolution of this discrepancy failsfixed limit. Fixed limits, 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 shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documentsany, shall be considered increased in the amount of an Additional Service and payment increase in the Contract Sum occurring after execution of the Contract for such extra work shall be as provided for under the Article entitled Additional Services aboveConstruction. 6.2.4 4.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer the Architect 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. 4.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 4.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time;

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect/Engineer, represent the Architect/Engineer's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect/Engineer nor the Owner has control over the cost of labor, materials or equipment, over the Construction Manager's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect/Engineer 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/Engineer. The 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, the Architect/Engineer shall resolve with the Owner any apparent discrepancy between the estimates Estimates of Probable Construction Cost as set forth in this Article and in Article 3 above and the scope and requirements of the Owner. The 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 the Owner to award an acceptable construction contract because the lowest acceptable bid is greater than the available funds shall be cause for the Architect/Engineer to be required to revise the Project and to reprint bidding documents Bidding Documents at the 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 the Architect/Engineer advises the Owner in writing, after at the Design Development Phase is completed and/or before the Construction Documents are 50% complete, that in the opinion of the Architect/Engineer the scope of the work which the Owner establishes and insists upon will cause the Construction Cost to exceed the funds available and resolution of this discrepancy fails, or if Owner the owner increases the Probable Construction Cost during the Construction Document Phase by adding to the scope and/or requirements and the Architect/Engineer so notifies the Owner in writing of the probable increase in cost, and the Owner orders the Architect/Engineer to proceed notwithstanding, then the Architect/Engineer shall not be responsible for the Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of the Architect/Engineer, as required to include in the Bidding Documents alternates as requested by the Owner and/or to redesign and redraft the Construction Documents, shall be considered an “Additional Service Service” and payment for such extra work shall be as provided for under the Article entitled “Additional Services Services” above. 6.2.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect/Engineer submits the Construction Documents to the Owner, 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 (1) The Architect/-Engineer, represent Architect/Engineer's best judgment as a design professional familiar with the construction industry, shall assist the Construction Manager in evaluating the Owner's Construction Budget and shall review the estimates of Construction Cost prepared by the Construction Manager. If the Project is a lump sum bid project, the Architect-Engineer will review the bids. It is recognized, however, that neither the Architect/Engineer -Engineer, nor the Owner has control over the cost of labor, materials materials, or equipment, ; over the Construction Manager's methods Managers' method of determining bid prices, ; or over competitive bidding, market market, or negotiating conditions. Accordingly, the Architect/-Engineer cannot and does not warrant or represent that bids or negotiated prices will not vary from the Construction Budget proposed, established, or approved by the Owner's Project budget , or from any the estimate of Construction Cost or other cost estimate or evaluation prepared by the Construction Manager. (2) The Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal, or establishment of the Owner’s Construction Budget and agreed to upon by Architect/the Owner and Architect- Engineer. In the establishment of the Construction Budget the Construction Team will include contingencies for price escalation and the Construction Team will consult with the Architect/Engineer-Engineer to determine what materials, howeverequipment, shall conform component systems, and types of construction are to be included in the provisions Owner’s Construction Budget, to make reasonable adjustments in the scope of this Section entitled “Responsibility for the Project, and to include in the Construction Cost” in an attempt Documents alternate bids to keep the Project cost within adjust the Construction Cost. 6.2.2 At (3) If bids are not received within the start of time scheduled at the time the Construction Document phaseCost was established due to causes beyond the Architect-Engineer's control, Architect/Engineer shall resolve with Owner any apparent discrepancy between the estimates of Construction Cost established 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 condition 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 shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documents, shall be considered an Additional Service and payment for such extra work shall be as provided for under the Article entitled Additional Services above. 6.2.4 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer submits the Construction Documents to Owner, Construction Cost shall be adjusted to reflect changes any change in the general level of prices in the construction industry between the originally scheduled date of submission of the Construction Documents to Owner and the date on which proposals bids are soughtreceived. (4) If the Construction Cost is exceeded by the sum of the lowest figures from bona fide bids of negotiated proposals, plus the Construction Manager’s estimate of other elements of Construction Cost for the Project, the Owner shall: • Give written approval of an increase in the Construction Budget; • Authorize re-bidding or renegotiation of the Project or portions of the Project within a reasonable time; or • Cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of Item (2) referenced above, the Architect-Engineer shall modify the drawings and specifications as necessary, without additional cost to the Owner. The providing of such service shall be the limit of the Architect-Engineer's responsibility.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 5.2.1 Evaluations of the Owner's ’s Project budget, the preliminary estimates estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect/Engineer, represent the Architect/Engineer's ’s best judgment as a design professional familiar with the construction industry. It is recognized, however, however that neither Architect/Engineer nor the Architect not the Owner has control over the cost of labor, materials or equipment, over Construction Manager's the Contractor’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary somewhat from the Owner's ’s Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the 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 CostThe Architect does warrant and represent that there will be no substantial variation. 6.2.2 At the start of the Construction Document phase, Architect/Engineer shall resolve with Owner any apparent discrepancy between the estimates 5.2.2 No fixed limit of Construction Cost shall be established as set forth a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in this Article writing and in Article 3 and signed by the scope and requirements of Ownerparties hereto. Architect/Engineer If such a fixed limit has been established, the Architect shall be permitted to include reasonable contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction acceptable alternates to Owner are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project acceptable to Owner and to include in the Contract Documents for the purpose of providing a finished and alternate bids acceptable facility within the Construction Cost. Inability of to Owner as may be necessary 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 adjust the Construction Cost to exceed the funds available and resolution of this discrepancy failsfixed limit. Fixed limits, 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 shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documentsany, shall be considered increased in the amount of an Additional Service increase in the Contract Sum not attributable to the wrongful acts or omissions of the Architect and payment occurring after execution of the Contract for such extra work shall be as provided for under the Article entitled Additional Services aboveConstruction. 6.2.4 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer the Architect submits the Construction Documents to the Owner, any Project Budget or fixed limit of Construction Cost shall be reviewed and, if necessary, adjusted to reflect changes in the general level of prices in the construction industry between industry. 5.2.4 If a fixed limit of construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the date lowest bona fide bid or negotiated proposal, the Owner may: .1 give written approval of submission an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5; and/o r .4 cooperate in revising the Project scope and quality as required to reduce the Construction Documents Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner and shall be the date on which proposals are soughtlimit of the Architect’s responsibility under this Subparagraph 5.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 Evaluations 5.2.1. At the completion of Ownereach phase of Architect's Project budgetdesign services (Schematic Design, preliminary estimates Design Development and Construction Documents phases) and at such other times as may be required by this Agreement, Architect will furnish to Owner a statement of probable Construction Cost. The Architect shall be permitted, for the Project, to include in its statement of probable Construction Cost contingencies for design, bidding, and detailed estimates of Construction Costprice escalation to determine what materials, 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 component systems, and types 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 construction are 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 included 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 make reasonable adjustments in the opinion of Architect/Engineer the scope of the work which Owner establishes and insists upon will cause in order to adjust the Construction Cost to exceed the funds available and resolution of this discrepancy fails, or if Owner increases the Construction Project Budget. In the event that a CMR is utilized on the Project, the Architect shall not be required to complete and submit a statement of probable Construction Cost during at the Construction Document Phase phase of design. 5.2.2. In the event any statement of probable Construction Cost exceeds the Construction Project Budget as defined in Paragraph 10.1.1 hereof, the Architect may be required by adding Owner to redesign the scope and/or requirements and Project by making changes thereto that are approved by OPS as are necessary to reduce the Architect/Engineer so notifies Owner in writing 's statement of probable Construction Cost within the limits of the probable increase in costapplicable Construction Project Budget, and Owner orders Architect/Engineer without additional cost to proceed notwithstanding, then Architect/Engineer shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documents, shall be considered an Additional Service and payment for such extra work shall be as provided for under the Article entitled Additional Services aboveOPS. 6.2.4 5.2.3. If the Bidding or Negotiation Phase for any Project has not commenced within 90 ninety (90) days after Architect/Engineer the Architect submits the Construction Documents to the Owner, the Owner’s Construction Project Budget and the Architect’s statement of probable Construction Cost shall be adjusted for each Project to reflect reasonable 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, however, any changes must be justified and written approval of the Owner and the PM is required. 5.2.4. Construction Cost estimates shall be prepared in a format acceptable to the Owner, and shall be of sufficient detail (e.g., by CSI division with quantity take-off from the plans and specifications) to allow the Owner to make decisions on inclusion and/or exclusion of various Project components. 5.2.5. If the lowest bona fide base bid (base bid, excluding additive and deductive alternatives) for the Project that is acceptable to Owner exceeds the Construction Project Budget, the parties shall proceed as set forth in Paragraph 2.5.6.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect/Engineer, represent the Architect/Engineer's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect/Engineer nor the Owner has control over the cost of labor, materials or equipment, over Construction Managerthe Builder's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect/Engineer 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/Engineer. The 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, the Architect/Engineer shall resolve with the Owner any apparent discrepancy between the estimates Estimates of Probable Construction Cost as set forth in this Article and in Article 3 above and the scope and requirements of the Owner. The 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 the Owner to award an acceptable construction contract because the lowest acceptable bid Construction Price is greater than the available funds shall be cause for the Architect/Engineer to be required to revise the Project and to reprint bidding documents Bidding Documents at the 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 the Architect/Engineer advises the Owner in writing, after the Design Development Phase is completed and/or before commencement of the Construction Documents are 50% completePhase, that in the opinion of the Architect/Engineer the scope of the work which the Owner establishes and insists upon will cause the Construction Cost to exceed the funds available and resolution of this discrepancy fails, or if Owner the owner increases the Probable Construction Cost during the Construction Document Phase by adding to the scope and/or requirements and the Architect/Engineer so notifies the Owner in writing of the probable increase in cost, and the Owner orders the Architect/Engineer to proceed notwithstanding, then the Architect/Engineer shall not be responsible for the Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of the Architect/Engineer, as required to include in the Bidding Documents alternates as requested by the Owner and/or to redesign and redraft the Construction Documents, shall be considered an “Additional Service Service” and payment for such extra work shall be as provided for under the Article entitled “Additional Services Services” above. 6.2.4 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer submits the Construction Documents to Owner, 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 Owner and the date on which proposals are sought.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 5.2.1 Evaluations of the Owner's ’s Project budget, preliminary estimates of Construction Cost construction cost and detailed estimates of Construction Cost, if any, prepared construction cost shall be determined by Architect/Engineer, represent Architect/Engineer's best judgment as a design professional familiar with the construction industry. It is recognized, XXXX; however, it is recognized that neither Architect/Engineer the Architect nor the Owner has control over the cost of labor, materials or equipment, over Construction Manager's the XXXX’x methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's ’s Project budget or from any estimate of Construction Cost construction cost or evaluation prepared or agreed to by the Architect/Engineer. Architect/Engineer, however, . 5.2.2 No fixed limit of construction cost shall conform to the provisions be established as a condition of this Section entitled “Responsibility for Construction Cost” Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in an attempt to keep writing and signed by the Project cost within parties hereto. If such a fixed limit has been established, 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 Architect shall be permitted to include acceptable alternates 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 for alternate bids to adjust 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 costfixed limit. Fixed limits, and Owner orders Architect/Engineer to proceed notwithstanding, then Architect/Engineer shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documentsif any, shall be considered increased in the amount of an Additional Service and payment increase in the contract sum occurring after execution of the contract for such extra work shall be as provided for under the Article entitled Additional Services aboveconstruction. 6.2.4 5.2.3 If the Bidding bidding or Negotiation Phase negotiation phase has not commenced within 90 ninety (90) days after Architect/Engineer the Architect submits the Construction Documents to the Owner, Construction Cost 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. 5.2.4 If a fixed limit of construction cost (adjusted as provided in Paragraph 5.2.3) is exceeded by the lowest responsive/responsible or negotiated proposal, the Owner shall: A. Give written approval of an increase in such fixed limit; B. Authorize rebidding or renegotiating of the Project within a reasonable time; C. If the Project is abandoned, terminate in accordance with Paragraph 8.3; 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 Paragraph 5.2.4(D), the Architect, without additional charge, shall modify the Construction Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Construction Documents shall be the limit of the Architect’s responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the construction phase is commenced.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, Cost prepared by Architect/Engineer, the Construction Manager represent Architect/Engineerthe Construction Manager's best judgment as a design professional person or entity familiar with the construction industry. It is recognized, however, that neither Architect/Engineer the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Construction Manager's Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from Owner's the Project budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager. 5.2.2 No fixed limit of Construction Cost or evaluation prepared or agreed to by Architect/Engineer. Architect/Engineer, however, shall conform to the provisions be established as a condition of this Section entitled “Responsibility for Construction Cost” Agreement by the furnishing, proposal or establishment of a Project budget unless such fixed limit has been agreed upon in an attempt to keep writing and signed by the Project cost within parties hereto. If such a fixed limit has been established, 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 Manager shall be permitted to include acceptable alternates contingencies for design, bidding and price escalation, and shall consult with the Architect to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents for the purpose of providing a finished and acceptable facility within the Construction Cost. Inability of Owner Documents, 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 suggest reasonable adjustments 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 Project, and insists upon will cause to suggest inclusion of alternate bids in the Construction Documents to adjust the Construction Cost to exceed the funds available and resolution of this discrepancy failsfixed limit. Fixed limits, 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 shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documentsany, shall be considered an Additional Service and payment increased in the amount of any increase in the Contract Sums occurring after execution of the Contracts for such extra work shall be as provided for under the Article entitled Additional Services aboveConstruction. 6.2.4 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer submits submittal of 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. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the sum of the lowest bona fide bids or negotiated proposals plus the Construction Manager's estimate of other elements of Construction Cost for the Project, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 9.3; or .4 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 5.2.4.4, the Construction Manager, without additional charge, shall cooperate with the Owner as necessary to bring the Construction Cost within the fixed limit, if established as a condition of this Agreement.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 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 Architect/Engineer, represent the Architect/Engineer's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Architect/Engineer the Architect nor the Owner has control over the cost of labor, materials or equipment, over Construction Managerthe Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer 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/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 5.2.2 No fixed limit of Construction Cost shall be established as set forth a condition of this Agreement by the Furnished, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in this Article writing and in Article 3 and signed by the scope and requirements of Ownerparties hereto. Architect/Engineer If such a fixed limit has been established, the Architect shall be permitted to include acceptable alternates 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 for the purpose of providing a finished and acceptable facility within the Construction Cost. Inability of Owner alternate bids 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 adjust the Construction Cost to exceed the funds available and resolution of this discrepancy failsfixed limit. Fixed limits, 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 shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documentsany, shall be considered increased in the amount of an Additional Service and payment increase in the Contract Sum occurring after execution of the Contract for such extra work shall be as provided for under the Article entitled Additional Services aboveConstruction. 6.2.4 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer the Architect 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 xxxxx in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 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 or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time;

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 5.2.1 Evaluations of Owner's the OWNER’S Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by Architect/Engineerthe ARCHITECT, represent Architect/Engineer's the ARCHITECT’S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Architect/Engineer the ARCHITECT nor Owner the OWNER has control over the cost of labor, materials or equipment, over Construction Manager's the Contractor’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer the ARCHITECT cannot and does not warrant or represent that bids or negotiated prices will not vary from Owner's the 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 CostARCHITECT. 6.2.2 At the start of the Construction Document phase, Architect/Engineer shall resolve with Owner any apparent discrepancy between the estimates 5.2.2 No fixed limit of Construction Cost shall be established as set forth a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in this Article writing and in Article 3 and signed by the scope and requirements of Ownerparties hereto. Architect/Engineer If such a fixed limit has been established, the ARCHITECT shall be permitted to include acceptable alternates 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 for Documents, to make reasonable adjustments in the purpose scope 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 shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documents, shall be considered an Additional Service and payment for such extra work shall be as provided for under the Article entitled Additional Services above.Contract 6.2.4 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer the ARCHITECT submits the Construction Documents to Ownerthe 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 Owner the OWNER and the date on which proposals are sought. 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 or negotiated proposal, the OWNER shall: .1 Give written approval of an increase in such fixed limit; .2 Authorize rebidding or renegotiating of the Project within a reasonable time;

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 5.2.1 Evaluations of the Owner's ’s Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, Cost prepared by Architect/Engineer, the Construction Manager represent Architect/Engineer's the Construction Manager’s best judgment as a design professional person or entity familiar with the construction industry. It is recognized, however, that neither Architect/Engineer the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Construction Manager's Contractors’ methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from Owner's the Project budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager. 5.2.2 If the lowest bonafide bid exceeds the Owner’s budgeted Construction Cost, the Owner may choose to revise the Project scope and/or quality as required to reduce projected construction costs. If the Owner chooses to proceed in this manner, the Construction Manager shall cooperate with the Owner and Design Professional as necessary to bring the Construction Cost within the Owner’s budgeted Construction Cost. No charges for Basic Services and Additional Services or Reimbursable Expenses shall be incurred by the Owner for services relevant to Subparagraph 5.2.2 to the extent such services are caused by the Construction Manager’s errors or omissions in providing estimates of the Construction Cost. The accounting records of the Construction Manager shall distinguish services provided in accordance with Subparagraph 5.2.2 from all other services provided under this Agreement. 5.2.3 No fixed limit of Construction Cost or evaluation prepared or agreed to by Architect/Engineer. Architect/Engineer, however, shall conform to the provisions be established as a condition of this Section entitled “Responsibility for Construction Cost” Agreement by the furnishing, proposal or establishment of a Project budget unless such fixed limit has been agreed upon in an attempt to keep writing and signed by the Project cost within parties hereto. If such a fixed limit has been established, 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 Manager shall be permitted to include acceptable alternates contingencies for design, bidding and price escalation, and shall consult with the Design Professional to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents for the purpose of providing a finished and acceptable facility within the Construction Cost. Inability of Owner Documents, 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 suggest reasonable adjustments 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 Project, and insists upon will cause to suggest inclusion of alternate bids in the Construction Documents to adjust the Construction Cost to exceed the funds available and resolution of this discrepancy failsfixed limit. Fixed limits, 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 shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documentsany, shall be considered an Additional Service and payment increased in the amount of any increase in the Contract Sums occurring after execution of the Contracts for such extra work shall be as provided for under the Article entitled Additional Services aboveConstruction. 6.2.4 5.2.4 If the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer submits submittal of the Construction Documents to the Owner, due to causes beyond the Construction Manager’s control, any fixed limit of Construction Cost established as a condition of this Agreement shall be adjusted to reflect changes any change in the general level of prices in the construction industry occurring between the originally scheduled date of submission of the Construction Documents to Owner and the date on which bids are received. 5.2.5 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the sum of the lowest bona fide bids or negotiated proposals are sought.plus the Construction Manager’s estimate of other elements of Construction Cost for the Project, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time;

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 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 Architect/Engineer, represent the Architect/Engineer's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Architect/Engineer the Architect nor the Owner has control over the cost of labor, materials or equipment, over Construction Managerthe Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer 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/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 5.2.2 No fixed limit of Construction Cost shall be established as set forth a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in this Article writing and in Article 3 and signed by the scope and requirements of Ownerparties hereto. Architect/Engineer If such a fixed limit has been established, the Architect shall be permitted to include acceptable alternates 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 for the purpose of providing a finished and acceptable facility within the Construction Cost. Inability of Owner alternate bids 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 adjust the Construction Cost to exceed the funds available and resolution of this discrepancy failsfixed limit. Fixed limits, 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 shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documentsany, shall be considered increased in the amount of an Additional Service and payment increase in the Contract Sum occurring after execution of the Contract for such extra work shall be as provided for under the Article entitled Additional Services aboveConstruction. 6.2.4 5.2.3 If bids are not received within the Bidding or Negotiation Phase has not commenced within 90 days after Architect/Engineer submits time scheduled when the Construction Documents to Owner, amount stipulated under Subparagraph 2.3.2 for Construction Cost was established, due to causes beyond the Architect’s control as described in Subparagraph 5.2.6, any fixed limit of Construction Cost established as a condition of this Agreement shall be adjusted to reflect changes in the general level of prices in the construction industry between the originally scheduled date of submission of the Construction Documents to Owner and the date on which proposals bids are soughtreceived. 5.2.4 If the lowest bona fide bid or negotiated proposal for construction of the Project exceeds the Construction Cost established under Subparagraph 2.4.3 by more than five percent (5%) for new construction and ten percent (10%) for renovations, the Owner shall have, as an option, the following rights: .1 to give written approval of an increase in the Construction Cost with no increase in compensation to the Architect except as described in Subparagraph 5.2.5; .2 to authorize re-bidding or re-negotiation of the Project or portions of the Project after which these provisions shall apply again; and .3 to require the Architect to revise design of the Project, subject to Owner’s approval of all revisions, so as to reduce the Construction Cost to within the amount established under Subparagraph 2.4.3.

RESPONSIBILITY FOR CONSTRUCTION COST. 6.2.1 5.2.1 Evaluations of the Owner's ’s Project budget, preliminary estimates of Construction Cost construction cost and detailed estimates of Construction Cost, if any, prepared construction cost shall be determined by Architect/Engineer, represent Architect/Engineer's best judgment as a design professional familiar with the construction industry. It is recognized, CMAR; however, it is recognized that neither Architect/Engineer the Architect nor the Owner has control over the cost of labor, materials or equipment, over Construction Manager's the XXXX’x methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Architect/Engineer the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's ’s Project budget or from any estimate of Construction Cost construction cost or evaluation prepared or agreed to by the Architect/Engineer. Architect/Engineer, however, . 5.2.2 No fixed limit of construction cost shall conform to the provisions be established as a condition of this Section entitled “Responsibility for Construction Cost” Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in an attempt to keep writing and signed by the Project cost within parties hereto. If such a fixed limit has been established, 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 Architect shall be permitted to include acceptable alternates 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 for alternate bids to adjust 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 costfixed limit. Fixed limits, and Owner orders Architect/Engineer to proceed notwithstanding, then Architect/Engineer shall not be responsible for Owner not being able to award a construction contract within the available funds. Under such conditions the extra work of Architect/Engineer, as required to include in the Bidding Documents alternates as requested by Owner and/or to redesign and redraft the Construction Documentsif any, shall be considered increased in the amount of an Additional Service and payment increase in the contract sum occurring after execution of the contract for such extra work shall be as provided for under the Article entitled Additional Services aboveconstruction. 6.2.4 5.2.3 If the Bidding bidding or Negotiation Phase negotiation phase has not commenced within 90 ninety (90) days after Architect/Engineer the Architect submits the Construction Documents to the Owner, Construction Cost 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. 5.2.4 If a fixed limit of construction cost (adjusted as provided in Paragraph 5.2.3) is exceeded by the lowest responsive/responsible or negotiated proposal, the Owner shall: A. Give written approval of an increase in such fixed limit; B. Authorize rebidding or renegotiating of the Project within a reasonable time; C. If the Project is abandoned, terminate in accordance with Paragraph 8.3; 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 Paragraph 5.2.4(D), the Architect, without additional charge, shall modify the Construction Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Construction Documents shall be the limit of the Architect’s responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the construction phase is commenced.