Common use of Construction Costs Clause in Contracts

Construction Costs. 4.1 If the cost of construction exceeds the cost agreed upon by the City by more than 5% of the lowest bona fide bid or negotiated proposal, the City may (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of the Project, (3) terminate the Project and this Agreement in accordance herewith, or (4) cooperate in revising the Project scope or quality, or both, as required to reduce the construction cost. In the case of (4), the Consultant, without additional charge to the City, shall consult with the City and shall revise and modify the drawings and specifications as necessary to achieve compliance with the cost agreed upon by the City. Absent negligence on the part of the Consultant in making its estimates of probable construction cost, providing such modifications and revisions shall be the limit of the Consultant’s responsibility arising from the establishment of such construction costs, and having done so, the Consultant shall be entitled to compensation for all other services performed, in accordance with this Agreement.

Construction Costs. 4.1 If the cost of construction exceeds the cost agreed upon by the City CITY by more than 5% of the lowest bona fide bid or negotiated proposal, the City CITY may (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of the Project, (3) terminate the Project and this Agreement in accordance herewith, or (4) cooperate in revising the Project scope or quality, or both, as required to reduce the construction cost. In the case of (4), the ConsultantCONSULTANT, without additional charge to the CityCITY, shall consult with the City CITY and shall revise and modify the drawings and specifications as necessary to achieve compliance with the cost agreed upon by the CityCITY. Absent negligence on the part of the Consultant CONSULTANT in making its estimates of probable construction cost, providing such modifications and revisions shall be the limit of the Consultant’s CONSULTANT'S responsibility arising from the establishment of such construction costs, and having done so, the Consultant CONSULTANT shall be entitled to compensation for all other services performed, in accordance with this Project Agreement.

Construction Costs. 4.1 If the cost of construction exceeds the cost agreed upon by the City Village by more than 5% of the lowest bona fide bid or negotiated proposal, the City Village may (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of the Project, (3) terminate the Project and this Agreement in accordance herewith, or (4) cooperate in revising the Project scope or quality, or both, as required to reduce the construction cost. In the case of (4), the Consultant, without additional charge to the CityVillage, shall consult with the City Village and shall revise and modify the drawings and specifications as necessary to achieve compliance with the cost agreed upon by the CityVillage. Absent negligence on the part of the Consultant in making its estimates of probable construction cost, providing such modifications and revisions shall be the limit of the Consultant’s responsibility arising from the establishment of such construction costs, and having done so, the Consultant shall be entitled to compensation for all other services performed, in accordance with this Agreement.

Construction Costs. 4.1 If the cost of construction exceeds the cost agreed upon by the City by more than 5% of the lowest bona fide bid or negotiated proposal, the City may (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of the Project, (3) terminate the Project and this Agreement in accordance herewith, or (4) cooperate in revising the Project scope or quality, or both, as required to reduce the construction cost. In the case of (4), the Consultant, without additional charge to the City, shall consult with the City and shall revise and modify the drawings and specifications as necessary to achieve compliance with the cost agreed upon by the City. Absent negligence on the part of the Consultant in making its estimates of probable construction cost, providing such modifications and revisions shall be the limit of the Consultant’s responsibility arising from the establishment of such construction costs, and having done so, the Consultant shall be entitled to compensation for all other services performed, in accordance with this Agreement.Agreement.‌