Common use of RESPONSIBILITY FOR CONSTRUCTION COST Clause in Contracts

RESPONSIBILITY FOR CONSTRUCTION COST. 3.2.1 Evaluations of the Owner's Project Budget, statements of probable Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Consultant, represent the Consultant's professional judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project Budget proposed, established or approved by the Owner, if any, or from any statement of probable construction cost or other cost estimate or evaluation prepared by the Consultant. At each stage of the Pre-Construction Phase, the Consultant may elect to produce his own estimate or may use the estimate prepared by the Contractor and review it to assure the Owner of the completeness and reasonable accuracy. 3.2.2 All work to be designed by the Consultant at each phase of the BASIC SERVICES shall be within the Owner's written construction budget, Contractor Guaranteed Maximum Price, or Construction Contract Award Price (CCAP) shown in Exhibit A, and subsequent revisions approved in writing by the Owner. In the event that any corresponding estimate of construction costs prepared by the Consultant, or independently through the Owner, or by the Contractor exceeds the budget amount by the percentages shown in Paragraphs 1.1.6, 1.2.3 and 1.3.6 or is in excess of the said Budget, the Consultant shall revise, at his own cost and expense, and in cooperation with the Contractor, all or any part of the Drawings and Specifications of the Project that the Owner requires, subject to the written approval by the Owner When an Owner provided cost estimate conflicts with that provided by the Consultant or Contractor, the Consultant, Contractor and Owner’s cost estimator shall resolve the differences and the Consultant shall make any changes required by this contract, prior to proceeding to the next design phase, release of documents for bidding pricing or construction, or the Owner's acceptance of the Contractor's GMP. 3.2.3 No fixed sum of Construction Contract Award Price (CCAP) shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project Budget, unless such fixed sum has been agreed upon in writing and is shown as Exhibit A or an amendment to this contract. If such a fixed sum has been established, the Consultant shall be permitted to include contingencies for design, <bidding> pricing by the Contractor and price escalation, to determine in consultation with the Owner and the Contractor what materials, equipment, component systems and types of construction are to be included in the Contract Documents, and work with the Contractor to make reasonable adjustments in the scope of the Project, or include additive bid alternates subject to Owner approval. Changes to such items, adjustments, or inability to accept bid alternates shall not render the project unusable or over budget. All such items or adjustments shall be approved by the Owner and be acceptable to the Contractor. Any fixed CCAP shall be adjusted by the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 3.2.4 <If the Bidding or Negotiation Phase has not commenced> If a Guaranteed Maximum Price (GMP) has not been accepted by the Owner within three months after the Consultant submits the Construction Documents to the Owner, any project budget or fixed CCAP may be adjusted to reflect any change 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. 3.2.5 If a Project budget or fixed CCAP, or adjusted as provided above, is exceeded by the <lowest bona fide bid or negotiated proposal> GMP, the Owner shall (1) give written approval of an increase in such fixed sum, (2) authorize rebidding or renegotiating of the Project within a reasonable time, (3) terminate this Agreement in accordance with Paragraph 10 if the Project is abandoned, <or> (4) cooperate in revising the Project scope and quality as required to reduce the construction cost or (5) terminate the Owner- Contractor Manager at Risk Agreement and proceed with the Work on a design-bid-build basis. In the case of option (4), provided a fixed CCAP has been established as a condition of this Agreement, the Consultant, without additional charge, shall modify the Drawings and Specifications per Paragraph

RESPONSIBILITY FOR CONSTRUCTION COST. 3.2.1 4.2.1 Evaluations of the OwnerDistrict's Project Budgetbudget, statements Statements of probable Probable Construction Cost and detailed estimates Estimates of Construction Cost, if any, as prepared by the ConsultantArchitect's construction estimator, represent the ConsultantArchitect's professional best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Consultant Architect nor the Owner District has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Consultant Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project Budget budget proposed, established or approved by the OwnerDistrict, if any, or from any statement Statement of probable construction cost Probable Construction Cost or other cost estimate or evaluation prepared by the Consultant. At each stage Architect. 4.2.2 If, through no fault of the Pre-Construction PhaseArchitect, the Consultant may elect to produce his own estimate or may use the estimate prepared by the Contractor and review it to assure the Owner of the completeness and reasonable accuracy. 3.2.2 All work to be designed by the Consultant at each phase of the BASIC SERVICES shall be within the Owner's written construction budget, Contractor Guaranteed Maximum Price, or Construction Contract Award Price (CCAP) shown in Exhibit A, and subsequent revisions approved in writing by the Owner. In the event that any corresponding estimate of construction costs prepared by the Consultant, or independently through the Owner, or by the Contractor exceeds the budget amount by the percentages shown in Paragraphs 1.1.6, 1.2.3 and 1.3.6 or is in excess of the said Budget, the Consultant shall revise, at his own cost and expense, and in cooperation with the Contractor, all or any part of the Drawings and Specifications of the Project that the Owner requires, subject to the written approval by the Owner When an Owner provided cost estimate conflicts with that provided by the Consultant or Contractor, the Consultant, Contractor and Owner’s cost estimator shall resolve the differences and the Consultant shall make any changes required by this contract, prior to proceeding to the next design phase, release of documents for bidding pricing or construction, or the Owner's acceptance of the Contractor's GMP. 3.2.3 No fixed sum of Construction Contract Award Price (CCAP) shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project Budget, unless such fixed sum has been agreed upon in writing and is shown as Exhibit A or an amendment to this contract. If such a fixed sum has been established, the Consultant shall be permitted to include contingencies for design, <bidding> pricing by the Contractor and price escalation, to determine in consultation with the Owner and the Contractor what materials, equipment, component systems and types of construction are to be included in the Contract Documents, and work with the Contractor to make reasonable adjustments in the scope of the Project, or include additive bid alternates subject to Owner approval. Changes to such items, adjustments, or inability to accept bid alternates shall not render the project unusable or over budget. All such items or adjustments shall be approved by the Owner and be acceptable to the Contractor. Any fixed CCAP shall be adjusted by the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 3.2.4 <If the Bidding or Negotiation Phase has not commenced> If a Guaranteed Maximum Price (GMP) has not been accepted by the Owner commenced within three months after the Consultant Architect submits the Construction Documents to the OwnerDistrict, any project the Project budget or fixed CCAP may limit of Construction Cost shall be adjusted to reflect any change in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner District and the date on which proposals are sought. 3.2.5 4.2.3 If a Project budget or fixed CCAP, or limit of Construction Cost (adjusted as provided above, in Subparagraph 4.2.2) is exceeded by the <lowest bona fide bid or negotiated proposal> GMP, the Owner District shall (1) give written approval of an increase in such fixed sumlimit, (2) authorize rebidding or renegotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate this Agreement in accordance with Paragraph 10 if the Project is abandoned10.2, <or> or (4) cooperate in revising the Project scope and quality as required to reduce the construction cost or (5) terminate the Owner- Contractor Manager at Risk Agreement and proceed with the Work on a design-bid-build basisConstruction Cost. In the case of option (4), provided because a fixed CCAP limit of Construction Cost has been established as a condition of this Agreement, and such fixed limit contains a 5% contingency, and the ConsultantArchitect has been given special charge over the scope of the work and packaging of alternates in order not to exceed the fixed limit of construction cost, the Architect, without additional charge, shall modify the Drawings and Specifications per Paragraphand prepare bid documents to comply with the fixed limits.

RESPONSIBILITY FOR CONSTRUCTION COST. 3.2.1 Evaluations of the Owner's Project Budget, statements of probable Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Consultant, represent the Consultant's professional judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project Budget proposed, established or approved by the Owner, if any, or from any statement of probable construction cost or other cost estimate or evaluation prepared by the Consultant. At each stage of the Pre-Construction Phase, the Consultant may elect to produce his own estimate or may use the estimate prepared by the Contractor and review it to assure the Owner of the completeness and reasonable accuracy. 3.2.2 All work to be designed by the Consultant at each phase of the BASIC SERVICES shall be within the Owner's written construction budget, Contractor Guaranteed Maximum Price, or Construction Contract Award Price (CCAP) shown in Exhibit A, and subsequent revisions approved in writing by the Owner. In the event that any corresponding estimate of construction costs prepared by the Consultant, or independently through the Owner, or by the Contractor exceeds the budget amount by the percentages shown in Paragraphs 1.1.6, 1.2.3 and 1.3.6 or is in excess of the said Budget, the Consultant shall revise, at his own cost and expense, and in cooperation with the Contractor, all or any part of the Drawings and Specifications of the Project that the Owner requires, subject to the written approval by the Owner When an Owner provided cost estimate conflicts with that provided by the Consultant or Contractor, the Consultant, Contractor and Owner’s cost estimator shall resolve the differences and the Consultant shall make any changes required by this contract, prior to proceeding to the next design phase, release of documents for bidding pricing or construction, or the Owner's acceptance of the Contractor's GMP. 3.2.3 No fixed sum of Construction Contract Award Price (CCAP) shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project Budget, unless such fixed sum has been agreed upon in writing and is shown as Exhibit A or an amendment to this contract. If such a fixed sum has been established, the Consultant shall be permitted to include contingencies for design, <bidding> pricing by the Contractor and price escalation, to determine in consultation with the Owner and the Contractor what materials, equipment, component systems and types of construction are to be included in the Contract Documents, and work with the Contractor to make reasonable adjustments in the scope of the Project, or include additive bid alternates subject to Owner approval. Changes to such items, adjustments, or inability to accept bid alternates shall not render the project unusable or over budget. All such items or adjustments shall be approved by the Owner and be acceptable to the Contractor. Any fixed CCAP shall be adjusted by the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 3.2.4 <If the Bidding or Negotiation Phase has not commenced> If a Guaranteed Maximum Price (GMP) has not been accepted by the Owner within three months after the Consultant submits the Construction Documents to the Owner, any project budget or fixed CCAP may be adjusted to reflect any change 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. 3.2.5 If a Project budget or fixed CCAP, or adjusted as provided above, is exceeded by the <lowest bona fide bid or negotiated proposal> GMP, the Owner shall (1) give written approval of an increase in such fixed sum, (2) authorize rebidding or renegotiating of the Project within a reasonable time, (3) terminate this Agreement in accordance with Paragraph 10 if the Project is abandoned, <or> (4) cooperate in revising the Project scope and quality as required to reduce the construction cost or (5) terminate the Owner- Contractor Manager at Risk Agreement and proceed with the Work on a design-bid-build basis. In the case of option (4), provided a fixed CCAP has been established as a condition of this Agreement, the Consultant, without additional charge, shall modify the Drawings and Specifications per Paragraph,