Common use of Where Bids Exceed Budget Clause in Contracts

Where Bids Exceed Budget. If the lowest responsible, responsive bid received from a contractor exceeds the latest approved Estimate of Probable Total Construction Costs (as contained within the estimate of Total Project Costs), District may, at its discretion: 9.2.1. Award the contract to the lowest responsible, responsive bidder, and give written approval of an increase in District’s budget. 9.2.2. Reject all bids and rebid the contract. 9.2.3. If the bid amount is more than 4% greater than Architect’s latest accepted Estimate of Probable Total Construction Cost rendered during the Construction Documents Phase, District may require Architect to revise the scope of work to be performed by the Contractor or its quality, or both, so as to reduce the Project Construction Cost for the work to be performed by the Contractor, while still meeting District’s program objectives. Architect shall at its expense, if so directed by District, modify the Construction Documents in order to reduce the Project Construction Costs for the work to be performed by the Contractor within the Project budget for that Contractor’s work. 9.2.4. Abandon the Project and terminate this Agreement.

Where Bids Exceed Budget. If the lowest responsible, responsive bid received from a contractor exceeds the latest approved Estimate of Probable Total Construction Costs (as contained within the estimate of Total Project Costs), District may, at its discretion: 9.2.1. A. Award the contract to the lowest responsible, responsive bidder, and give written approval of an increase in District’s budget. In this event, Architect’s fee shall not be increased based on the District’s revised budget. 9.2.2. B. Reject all bids and rebid the contract. 9.2.3. C. If the bid amount is more than 410% greater than the Architect’s latest accepted Estimate of Probable Total Construction Cost rendered during the Construction Documents Phase, District may require Architect to revise the scope of work to be performed by the Contractor or its quality, or both, so as to reduce the Project Construction Cost for the work to be performed by the Contractor, while still meeting District’s program objectives. Architect shall at its expense, if so directed by District, modify the Construction Documents in order to reduce the Project Construction Costs for the work to be performed by the Contractor within the Project budget for that Contractor’s work. 9.2.4. Abandon X. Xxxxxxx the Project and terminate this Agreement.

Where Bids Exceed Budget. If the lowest responsible, responsive bid received from a contractor exceeds the latest approved Estimate of Probable Total Construction Costs (as contained within the estimate of Total Project Costs), District may, at its discretion: 9.2.1. A. Award the contract to the lowest responsible, responsive bidder, and give written approval of an increase in District’s budget. In this event, Architect’s fee shall not be increased based on the District’s revised budget. 9.2.2. B. Reject all bids and rebid the contract. 9.2.3. C. If the bid amount is more than 410% greater than the Architect’s latest accepted Estimate of Probable Total Construction Cost rendered during the Construction Documents Phase, District may require Architect to revise the scope of work to be performed by the Contractor or its quality, or both, so as to reduce the Project Construction Cost for the work to be performed by the Contractor, while still meeting District’s program objectives. Architect shall at its expense, if so directed by District, modify the Construction Documents in order to reduce the Project Construction Costs for the work to be performed by the Contractor within the Project budget for that Contractor’s work. 9.2.4. D. Abandon the Project and terminate this Agreement.

Where Bids Exceed Budget. If the lowest responsible, responsive bid received from a contractor exceeds the latest approved Estimate of Probable Total Construction Costs (as contained within the estimate of Total Project Costs), District may, at its discretion: 9.2.1. : Award the contract to the lowest responsible, responsive bidder, and give written approval of an increase in District’s budget. 9.2.2. In this event, Architect’s fee shall not be increased based on the District’s revised budget. Reject all bids and rebid the contract. 9.2.3. If the bid amount is more than 410% greater than the Architect’s latest accepted Estimate of Probable Total Construction Cost rendered during the Construction Documents Phase, District may require Architect to revise the scope of work to be performed by the Contractor or its quality, or both, so as to reduce the Project Construction Cost for the work to be performed by the Contractor, while still meeting District’s program objectives. Architect shall at its expense, if so directed by District, modify the Construction Documents in order to reduce the Project Construction Costs for the work to be performed by the Contractor within the Project budget for that Contractor’s work. 9.2.4. Abandon the Project and terminate this Agreement.. Construction ADMINISTRATION Phase