Common use of Design Within Funding Limit Clause in Contracts

Design Within Funding Limit. When the Services under the WOC include preparation of design plans for the project: Consultant shall accomplish the design Services required under the WOC so as to permit construction of the project within Agency’s budget for construction as set forth in the WOC. Consultant shall promptly advise Agency’s WOC Administrator if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable project within these limitations. Upon receipt of such information, the WOC Administrator will review Consultant’s revised estimate of construction cost. Agency may, if it determines that the estimated construction contract price set forth in the WOC is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in the WOC, or Agency may adjust such estimated construction contract price. Prior to releasing the bid for the construction contract, Agency will prepare an estimate of constructing the design submitted. If Agency’s estimator(s) determines Consultant’s design exceeds Agency’s budget for the construction contract as set forth in the WOC {and as may be revised per Section (i) above}, then Consultant shall perform such redesign and other Services as are necessary to permit contract award within the funding limitation. These additional Services shall be performed at no increase in the price of the WOC. However, Consultant shall not be required to perform such additional Services at no cost to Agency if Consultant’s design exceeds Agency’s budget (as set forth in the WOC) as a result of conditions beyond Consultant’s reasonable control.

Design Within Funding Limit. When the Services under the WOC [Drafting Note: If Contract does not include preparation of design designs/plans for the project: within a set funding limit, then this subsection may be removed and replaced with “Reserved”.] Consultant shall accomplish the design Services required under the WOC Contract so as to permit construction of the project Project within AgencyOwner’s budget for construction. Owner’s budget for construction as set forth in of the WOCProject is $[__________________]. Consultant shall promptly advise AgencyOwner’s WOC Contract Administrator if it finds that the project Project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable project Project within these limitations. Upon receipt of such information, the WOC Contract Administrator will review Consultant’s revised estimate of construction cost. Agency Owner may, if it determines that the estimated construction contract price set forth in the WOC this Section is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in the WOCthis Section, or Agency Owner may adjust such estimated construction contract price. Prior to releasing the bid for the construction contract, Agency Owner will prepare an estimate of constructing the design submitted. If AgencyOwner’s estimator(s) determines Consultant’s design exceeds AgencyOwner’s budget for the construction contract as set forth in the WOC {Section (a) above (and as may be revised per Section (ia) above}), then Consultant shall perform such redesign and other Services as are necessary to permit contract award within the funding limitation. These additional Services shall be performed at no increase in the price of the WOCContract. However, Consultant shall not be required to perform such additional Services at no cost to Agency Owner if Consultant’s design exceeds AgencyOwner’s budget (as set forth in the WOCSection (a) above) as a result of conditions beyond Consultant’s reasonable control.

Design Within Funding Limit. When the Services under the WOC include preparation of design plans for the project: Consultant shall accomplish the design Services required under the WOC so as to permit construction of the project within Agency’s budget for construction as set forth in the WOC. Consultant shall promptly advise Agency’s Contract Administrator for the WOC Administrator if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable project within these limitations. Upon receipt of such information, the Contract Administrator for the WOC Administrator will review Consultant’s revised estimate of construction cost. Agency may, if it determines that the estimated construction contract price set forth in the WOC is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in the WOC, or Agency may adjust such estimated construction contract price. Prior to releasing the bid for the construction contract, Agency will prepare an estimate of constructing the design submitted. If Agency’s estimator(s) determines Consultant’s design exceeds Agency’s budget for the construction contract as set forth in the WOC {and as may be revised per Section (i) above}, then Consultant shall perform such redesign and other Services as are necessary to permit contract award within the funding limitation. These Consultant shall perform these additional Services shall be performed at no increase in the price of the WOC. However, Consultant shall will not be required to perform such additional Services at no cost to Agency if Consultant’s design exceeds Agency’s budget (as set forth in the WOC) as a result of conditions beyond Consultant’s reasonable control.