Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work, and the estimates of the Cost of the Work prepared by the Construction Manager, represent the Construction Manager’s judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditions. § 6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates. § 6.4 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 2 contracts
Sources: Standard Form of Agreement Between Owner and Construction Manager as Adviser, Standard Form of Agreement Between Owner and Construction Manager as Adviser
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; , the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; Work or other costs that are the responsibility of the Ownercosts.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.2 and 6.4Project. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and the updated estimates of the Cost of the Work prepared by the Construction ManagerArchitect as part of Basic Services, represent the Construction ManagerArchitect’s judgment as a person or entity design professional familiar with the construction industry. It is recognized, however, The Architect cannot and does not warrant or represent that neither bids or negotiated prices will not vary from the Construction Manager nor Owner’s budget for the Owner has control over Cost of the cost Work or from any estimate of labor, materials; the Cost of the Work or equipment; evaluation prepared or agreed to by the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditionsArchitect.
§ 6.3 If In preparing estimates of the Architect is providing cost estimating services as a Supplemental ServiceCost of Work, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together be permitted to reconcile include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of ate ated Limitation on the more ndit glig construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimatesestimating services, the Architect shall provide such services as an Additional Service under Article 4.
§ 6.4 The Architect’s Estimate of the Cost of the Work shall be projected to the scheduled d Bidding and Negotiation Phase of Services.
§ 6.5 If at any time the Construction ManagerArchitect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the St Cost of the Work exceeds (SLCW), the Owner’s budget for Architect shall analyze its design and inform the Cost Owner of to build and of any related compromises to quality of construction. However, when those co of the Work, the Owner shall .1 give written approval Construction Documents Phase of an increase in the budget for the Cost Services either as a result of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, some other fault or quality as required to reduce the Cost of the Work; orne
Appears in 2 contracts
Sources: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; , the costs of the land, rights-of-way, financing, or and contingencies for changes in the Work; Work or other costs that are the responsibility of the Ownercosts.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.2 and 6.4Project. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and the updated estimates of the Cost of the Work prepared by the Construction ManagerArchitect as part of Basic Services, represent the Construction ManagerArchitect’s judgment as a person or entity design professional familiar with the construction industry. It is recognized, however, The Architect cannot and does not warrant or represent that neither bids or negotiated prices will not vary from the Construction Manager nor Owner’s budget for the Owner has control over Cost of the cost Work or from any estimate of labor, materials; the Cost of the Work or equipment; evaluation prepared or agreed to by the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditionsArchitect.
§ 6.3 If In preparing estimates of the Architect is providing cost estimating services as a Supplemental ServiceCost of Work, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together be permitted to reconcile include 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 program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimatesestimating services, the Architect shall provide such services as an Additional Service under Article 4.
§ 6.4 The Architect’s Estimate of the Cost of the Work shall be projected to the scheduled date for completion of the Bidding and Negotiation Phase of Services.
§ 6.5 If at any time the Construction ManagerArchitect’s estimate of the Cost of the Work exceeds the Owner’s budget for Stated Limitation on the Cost of the Work (SLCW), the Architect shall analyze its design and inform the Owner of more cost-effective ways to build and of any related compromises to quality of construction. However, when those conditions occur at the end of the Construction Documents Phase of Services either as a result of some other fault or negligence of the Architect the Owner may elect to compel one or more of the following measures (or some combination thereof: (1) approve an increased SLCW, in which case the basis of the Architect’s compensation shall be fixed at the previously approved SLCW or the Architect’s most recent Estimate of the Cost of the Work, whichever is less; (2) reject the design and/or Construction Documents, in which case the Owner’s reproduction and delivery costs and other costs related to the rejected bidding or negotiation shall be deducted from Architect’s compensation; (3) direct the Architect to revise the design and/or the Construction Manager, Documents in consultation with the Architect, shall make appropriate recommendations a manner that is agreeable to the Owner and that conforms to adjust the Project’s sizeSLCW, quality, in which case these Services shall be provided by the Architect at no cost to the Owner and the cost of reissuance of documents shall be borne solely by the Architect; (4) revise the program or budget for the Cost Scope of the Work, in which case the Services shall be provided by the Architect at no cost to the Owner and the Owner shall cooperate with the Construction Manager cost of reissuance of documents (and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, damages suffered by the Owner as a result) shall .1 give written approval of an increase in be borne solely by the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 2 contracts
Sources: Standard Form of Agreement Between Owner and Architect, Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.all
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Construction Manager, represent the Construction Manager’s judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditions.Work,
§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include 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 recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect is providing cost estimating services shall provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1, as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates.
§ 6.4 If If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction ManagerDocuments to the Owner, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 6.6 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the WorkWork at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work prepared by the Construction ManagerManager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, represent as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s judgment as a person inaccuracies or entity familiar with incompleteness in preparing cost estimates, or due to market conditions the construction industryArchitect could not reasonably anticipate. It is recognizedThe Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, that neither the Construction Manager nor Architect shall report to the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditionsany material inaccuracies and inconsistencies noted during any such review.
§ 6.3 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager and the Architect shall work together to reconcile the cost estimates.
§ 6.4 If If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectConstruction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager and ArchitectManager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreementthe Architect’s compensation, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and constructed by the Owner and shall include the Contractorscontractors’ general conditions costs, overhead and profit. To the extent that the Project is not completed or constructed, the Cost of the Work shall include the estimated cost to the Owner of all elements of the Project designed by the Architect and accepted by the Owner but not constructed by the Owner. The Cost of the Work does not include elements of the Project designed by Architect but not accepted by the Owner. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect or the Architect’s consultants; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required allowed under Sections 5.2 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work Work, prepared by the Construction ManagerArchitect, represent the Construction ManagerArchitect’s judgment as a person or entity familiar with the construction industrydesign professional. It is recognized, however, that neither the Construction Manager Architect nor the Owner has control over the cost of labor, materials; , or equipment; equipment the Contractors’ Contractor’s methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, if the Architect’s design is determined to exceed Owner’s budget, then Architect agrees to redesign the Project, at Architect’s expense and as part of Architect’s Basic Services, to meet Owner’s Budget.
§ 6.3 If the Architect is providing cost estimating services as a Supplemental ServiceThe Architect, and a discrepancy exists between the Construction ManagerManager at Risk, if applicable, shall prepare a preliminary estimate of the Cost of the Work, which shall incorporate Owner’s cost estimates budgetary constraints, programmatic needs, and expectations as to quality, functionality of systems, maintenance costs, and usable life of equipment and facilities. As the design process progresses through the end of the preparation of the Construction Documents, the Architect’s cost estimates, and if applicable the Construction Manager at Risk, shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. The Architect shall cooperate with Owner and, if applicable, the Construction Manager at Risk, in developing and designing the Project to, in accordance with Standard of Care, satisfy Owner’s budgetary constraints, programmatic needs and expectations as to quality, functionality of systems, maintenance costs, and usable life of equipment and facilities. In preparing estimates of the Cost of Work, the Architect shall work together be permitted to reconcile include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the cost estimatesContract Documents; to recommend reasonable adjustments in the program and scope of the Project with the prior consent of Owner’s Commissioners Court; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget.
§ 6.4 If If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction ManagerDocuments to the Owner, the Owner’s budget for the Cost of the Work may be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, then the Construction ManagerArchitect shall redesign elements to achieve cost savings within the Scope of the Work, but in doing so, shall not delete any essential element of the Project. Architect shall present the redesign to Owner for Owner’s approval and, in consultation with doing so, shall notify Owner in writing of the Architectactions taken to bring the Project into Owner’s budget. If Architect is unable to redesign the Project to meet Owner’s budgetary, programmatic and quality needs, then the Architect shall make appropriate written recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the budget. Owner shall cooperate with the Construction Manager and Architect consider Architect’s recommendation, but shall decide, in making such adjustmentsits discretion, what adjustments to make.
§ 6.5 6.6 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal prior to commencement of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.conditions
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include alternates beyond approximately 5% of the total cost of the work and as mutually agreed upon with the owner & CM prior to bidding, with amount depending on complexity of the alternates, appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work prepared by the Construction ManagerManager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, represent as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s judgment as a person inaccuracies or entity familiar with incompleteness in preparing cost estimates, or due to market conditions the construction industryArchitect could not reasonably anticipate. It is recognizedThe Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, that neither the Construction Manager nor Architect shall report to the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditionsany material inaccuracies and inconsistencies noted during any such review.
§ 6.3 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager and the Architect shall work together to reconcile the cost estimates.
§ 6.4 If If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectConstruction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager and ArchitectManager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’Contractors’ general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect,; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall mayshall be adjusted throughout the Project as required under Sections 5.2 5.43 and 6.4. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work prepared by the Construction ManagerManager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, represent as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s judgment as a person inaccuracies or entity familiar with incompleteness in preparing cost estimates., or due to market conditions the construction industryArchitect could not reasonably anticipate. It is recognizedThe Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, that neither the Construction Manager nor Architect shall report to the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditionsany material inaccuracies and inconsistencies noted during any such review.
§ 6.3 6.3.1 If the Architect is providing detailed cost estimating services as a an Additionala Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager and the Architect shall work together cooperativelytogether to reconcile conformreconcile the cost estimatesestimates to one another. .
§ 6.4 If If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectConstruction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager and ArchitectManager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.Owne
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work, and the estimates of the Cost of the Work prepared by the Construction Manager, represent the Construction Manager’s judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditions.
§ 6.3 If the Architect Owner’s Engineer is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the ArchitectEngineer’s cost estimates, the Construction Manager and the Architect Engineer shall work together to reconcile the cost estimates.
§ 6.4 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the ArchitectEngineer, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect Engineer in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and ArchitectEngineer, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Construction Manager as Adviser
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total estimated cost to the Owner per the approved Design Development Cost Estimate to construct all elements of the Project designed or specified by the Architect and shall include the ContractorsThe trade contractors’ general conditions costs, overhead overhead/profit, construction contingency, anticipated construction escalation, builders risk, general liability, performance bond, CM fee, fixed general conditions, and profitreimbursable general conditions. The Cost of the Work also includes will include the reasonable absolute value of laboralternates approved by the Owner at the end of Design Development, materialsdesign contingency, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if anyconstruction contingency. The Cost of the Work does not include the compensation of the Architect; , the costs of the land, rights-rights- of-way, financing, or contingencies for changes in the Work; financing or other costs that are the responsibility of the Owner. The Cost of the Work does not include Work for which the Architect has performed designs, specifications or drawings designs as an Additional Service. Instead, the Architect’s sole compensation for Additional Services shall be the hourly rates or agreed upon fixed fee agreed in writing by the parties.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work Work, prepared by the Construction ManagerArchitect, represent the Construction ManagerArchitect’s judgment as a person or entity familiar with the construction industrydesign professional. It is recognized, however, that neither the Construction Manager Architect nor the Owner has control over the cost of labor, materials; , or equipment; the Contractors’ Contractor’s methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect.
§ 6.3 If In preparing estimates of the Cost of Work, the Architect is providing cost estimating services as a Supplemental Serviceor Construction Manager shall be permitted to include contingencies for design, bidding, and a discrepancy exists between price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s or Construction Manager’s cost estimates and estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques
§ 6.4 If, through no fault of the Architect’s cost estimates, the Construction Manager and Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work shall work together be adjusted to reconcile reflect changes in the cost estimatesgeneral level of prices in the applicable construction market.
§ 6.4 6.5 If at any time the Construction ManagerArchitect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 6.6 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the WorkWork at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; , the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner’s budget budget, preliminary estimates for the Cost of the Work, Work and the detailed estimates of the Cost of the Work prepared by the Construction Manager, Manager represent the Construction Manager’s judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials; materials or equipment; the , over Contractors’ methods of determining bid prices; , or over competitive bidding, market, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager.
§ 6.3 If the Architect is providing detailed cost estimating services as a Supplemental an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager and the Architect shall work together cooperatively to reconcile conform the cost estimatesestimates to one another.
§ 6.4 If If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Workbudget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or(Paragraphs deleted)
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Construction Manager as Adviser
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ Construction Manager’s general conditions costs, overhead overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.the
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work prepared by the Construction ManagerManager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, represent as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s judgment as a person inaccuracies or entity familiar with incompleteness in preparing cost estimates, or due to market conditions the construction industryArchitect could not reasonably anticipate. It is recognizedThe Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, that neither the Construction Manager nor Architect shall report to the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditionsany material inaccuracies and inconsistencies noted during any such review.
§ 6.3 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager and the Architect shall work together to reconcile the cost estimates.
§ 6.4 If If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectConstruction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager and ArchitectManager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.all
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Construction Manager, represent the Construction Manager’s judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditions.Work,
§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include 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 recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect is providing cost estimating services shall provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1, as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates.
§ 6.4 If If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction ManagerDocuments to the Owner, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 6.6 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the WorkWork at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; orshall
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; , the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.2 5.4 and 6.4. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work prepared by the Construction ManagerManager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, represent as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s judgment as a person inaccuracies or entity familiar with incompleteness in preparing cost estimates. The Architect may review the construction industry. It is recognizedConstruction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, that neither the Construction Manager nor Architect shall report to the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditionsany material inaccuracies and inconsistencies noted during any such review.
§ 6.3 6.3.1 If the Architect is providing detailed cost estimating services as a Supplemental an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager and the Architect shall work together cooperatively to reconcile conform the cost estimatesestimates to one another.
§ 6.4 If If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectConstruction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Workbudget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; orshall
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost or estimated construction cost to the Owner to construct all elements of the Project designed or specified by the Architect Architect, including fixtures and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materialsappliances, and equipment, donated to, or otherwise the work called for by design-build systems to be furnished by, by the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.Contractor based on the
§ 6.2 The Owner’s [Note: Select either the first or second sentence depending on when Construction Budget is established.] Owner hereby establishes a budget for the Cost of the Work for the Project to be Dollars ($ ), which shall be understood and agreed to be a fixed limit of Construction Cost for the Project and is provided in Initial Informationa condition of this Agreement. At the conclusion of the Schematic Design Phase, the Owner will establish a fixed limit of Construction Cost for the Project, which will be understood and shall agreed that this fixed limit is a condition of this Agreement. It is understood and agreed that this fixed limit is a condition of this Agreement. The Owner’s budget may be adjusted throughout the Project as required under Sections 5.2 and 6.4Section 5.2. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and the updated estimates of the Cost of the Work prepared by the Construction Manager, represent the Construction ManagerArchitect’s judgment as a person or entity familiar with the construction industrydesign professional. It is recognized, however, that neither the Construction Manager Architect nor the Owner has control over the cost of labor, materials; materials or equipment; the Contractors’ Contractor’s methods of determining bid prices; or competitive bidding, market, market or negotiating conditions.
§ 6.3 If conditions Accordingly, the Architect is providing cost estimating services as a Supplemental Service, cannot and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates.
§ 6.4 If the Construction Manager’s estimate of the Cost of the Work exceeds does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, Work or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s from any estimate of the Cost of the Work exceeds agreed to by the Owner’s budget for Architect.
§ 6.3 If the Owner is providing cost estimating services, the estimate of the Cost of the WorkWork shall include appropriate contingencies for design, the bidding or negotiating, price escalation, and market conditions. The Owner shall .1 give written approval provide estimates of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with Work at intervals agreed upon by the Construction Manager Owner and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; orArchitect per Section
Appears in 1 contract
Sources: Professional Services
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be include the total cost to at the Owner to construct all elements current market rates of the Project designed or specified labor and materials furnished by the Architect Owner, and shall include equipment designed, specified, selected, coordinated or specifically provided for by the Contractors’ general conditions costsArchitect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for overhead and profit. The Cost In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout established following Design Development. The Architect’s design must include a minimum contingency of 5% at the Project as required under Sections 5.2 and 6.4. Evaluations time of the Owner’s budget for the Cost of the Work, and the estimates of the Cost of the Work prepared by the Construction Manager, represent the Construction Manager’s judgment as a person or entity familiar with the construction industrybid to cover change orders. It is recognized, however, that neither the Construction Manager Architect nor the Owner has control over the cost of labor, materials; , or equipment; the Contractors’ Contractor’s methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect.
§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include 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 recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect is providing cost estimating services shall provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1, as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates.
§ 6.4 If If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction ManagerDocuments to the Owner, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 6.6 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the WorkWork at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. (Paragraph deleted)
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of for constructing the Project designed or specified by the Architect and shall include as determined by the Contractors’ general conditions costs, overhead and profitaggregate price of construction contracts (Construction Costs) that the Owner enters into with Contractors to construct the Project. The Cost of the Work also includes shall include, as part of the reasonable value aggregate price of labor, materials, and equipment, donated to, or otherwise furnished byconstruction contracts, the Owner. The Cost of the Work includes the compensation fees and general condition costs of the Construction Manager and Manager. Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does Costs shall not include the Architect’s compensation, testing, pre-construction phase compensation of to the Architect; Construction Manager, Construction Manager costs for bonds and insurance, insurance paid for by the Owner, interest amounts, fees for cleaning the site, moving, legal and accounting expenses, permit fees paid by the Owner, telephone, computers and utility consumption costs (water bills, electricity bills), the costs of the land, rights-of-way, financing, or unused contingencies for changes in the Work; , or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, Information and shall may be adjusted throughout the Project as required under Sections 5.2 5.4 and 6.4. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work prepared by the Construction ManagerManager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, represent as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s judgment as a person inaccuracies or entity familiar with incompleteness in preparing cost estimates. The Architect may review the construction industry. It is recognizedConstruction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, that neither the Construction Manager nor Architect shall report to the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditionsany material inaccuracies and inconsistencies noted during any such review.
§ 6.3 6.3.1 If the Architect is providing detailed cost estimating services as a Supplemental an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates.
§ 6.4 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate cooperatively with the Construction Manager and Architect in making such adjustmentsto conform the cost estimates to one another.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this the Agreement, the Cost of the Work shall be the total cost to the Owner to construct construct, purchase and install all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ and vendors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; , the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is shall be provided in Article 1, Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and the updated estimates of the Cost of the Work prepared by the Construction Manager, Architect represent the Construction ManagerArchitect’s judgment as a person or entity familiar with the construction industrydesign professional. It is recognized, however, that neither the Construction Manager Architect nor the Owner has control over the cost of labor, materials; , furniture, furnishings or equipment; over the Contractors’ methods of determining bid prices; or competitive biddingover market conditions. Accordingly, market, the Architect cannot and does not warrant or negotiating conditionsrepresent that bids or quotations will not vary from the Owner’s budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
§ 6.3 If In preparing estimates of the Architect is providing cost estimating services as a Supplemental ServiceCost of the Work, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together be permitted to reconcile include contingencies for design, bidding and price escalation; to determine what materials, furniture, furnishings and equipment, finishes, component systems and types of construction are to be included in the cost estimatesContract Documents; to make reasonable adjustments in the scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect’s estimate of the Cost of the Work may be based on current area, volume or similar conceptual estimating techniques. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly.
§ 6.4 If bidding or requests for quotations have not commenced within 90 days after the Construction ManagerArchitect submits the Contract Documents to the Owner, through no fault of the Architect, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable market.
§ 6.5 As the design process progresses through the end of the preparation of the Contract Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Workbudget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 6.6 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the WorkWork at the conclusion of the Contract Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect for Architectural Interior Design Services
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ Construction Manager’s general conditions costs, overhead overhead, and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the compensation of the Construction Manager for Preconstruction Phase services; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work prepared by the Construction Manager, represent the Construction Manager’s judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor prepares as the Owner has control over the cost of laborArchitect progresses with its Basic Services. The Architect shall prepare, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive biddingas an Additional Service, market, or negotiating conditions.revisions to the
§ 6.3 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager and the Architect shall work together to reconcile the cost estimates.
§ 6.4 If If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectConstruction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager and ArchitectManager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; , the costs of the land, rights-of-of- way, financing, or contingencies for changes in the Work; Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.2 5.4 and 6.4. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work prepared by the Construction ManagerManager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, represent as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s judgment as a person inaccuracies or entity familiar with the construction industryincompleteness in preparing cost estimates. It is recognized, however, that neither The Architect may review the Construction Manager nor the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditions.Manager’s estimates solely for
§ 6.3 6.3.1 If the Architect is providing detailed cost estimating services as a Supplemental an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager and the Architect shall work together cooperatively to reconcile conform the cost estimatesestimates to one another.
§ 6.4 If If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectConstruction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Workbudget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include all of the Contractors’ Construction Manager’s construction phase compensation, contingency, general conditions costs, overhead and profit. The Cost of but exclude the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if anypreconstruction fees and costs. The Cost of the Work does not include the compensation of the Architect, the compensation of the Construction Manager for Preconstruction Phase services; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall may be adjusted throughout the Project as required under per Sections 5.2 5.3 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and the market conditions in estimates of the Cost of the Work. The Architect will review these detailed cost estimates for the Work prepared by the Construction Manager, represent the Construction Manager’s judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over and will provide written comments on the cost estimates or acceptance of laborthe cost estimates. The Architect shall report to the Owner, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive biddingin writing, market, or negotiating conditionsany material inaccuracies and inconsistencies noted during any such review.
§ 6.3 6.3.1 If the Architect is providing detailed cost estimating services as a Supplemental an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s detailed cost estimates, the Architect shall work cooperatively with the Construction Manager to conform the cost estimates to one another.
§ 6.3.2 If the Owner engages a Cost Consultant and a discrepancy exists between the Construction Manager’s estimate and the Cost Consultant’s estimate, the Architect shall work together assist the Cost Consultant and Construction Manager as necessary to reconcile conform the cost estimatesestimates to one another.
§ 6.4 [Not Used.]
§ 6.5 If at any time prior to the Owner’s acceptance of the Guaranteed Maximum Price Proposal, the Construction Manager’s estimate of the Cost of the Work (as defined in Section 6.1 herein) at the various stages of design exceeds the Owner’s budget for the Cost of the WorkWork (as defined in Section 6.1 herein), the Construction Manager, in consultation Owner may hold a review and value analysis meeting with the Architect, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect to determine options to address the potential impact on the Guaranteed Maximum Price if any, and/or shall, in making such adjustments.its sole discretion:
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager and ArchitectManager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect or Architect’s consultants and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.Construction
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work, and the estimates of the Cost of the Work prepared by the Construction Manager, represent the Construction Manager’s judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditionsprofessional.
§ 6.3 If The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect is providing cost estimating services progresses with its Basic Services. The Architect shall prepare, as a Supplemental an Additional Service, and a discrepancy exists between revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s cost estimates and the Architect’s inaccuracies or incompleteness in preparing cost estimates, the Construction Manager and or due to market conditions the Architect shall work together to reconcile the cost estimatescould not reasonably anticipate.
§ 6.4 If If, during or at the end of the Schematic Design Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectConstruction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work during or at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager and ArchitectManager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; , the costs of the land, rights-of-way, financing, or and contingencies for changes in the Work; Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall may be adjusted by the Owner throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner’s budget budget, preliminary estimates for the Cost of the Work, Work and the detailed estimates of the Cost of the Work prepared by the Construction Manager, Manager represent the Construction Manager’s judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials; materials or equipment; the , over Contractors’ methods of determining bid prices; , or over competitive bidding, market, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager.
§ 6.3 If the Architect is providing detailed cost estimating services as a Supplemental an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager and the Architect shall work together cooperatively to reconcile conform the cost estimatesestimates to one another.
§ 6.4 If If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.with
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or Proj quality as required to reduce the Cost of the Work; oror .3 implement any other mutually acceptable alternative.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Construction Manager as Adviser
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.,
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Construction ManagerArchitect, represent the Construction ManagerArchitect’s judgment as a person or entity familiar with the construction industrydesign professional. It is recognized, however, that neither the Construction Manager Architect nor the Owner has control over the cost of labor, materials; materials or equipment; the Contractors’ Contractor’s methods of determining bid prices; or competitive bidding, market, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect.
§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include 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 recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect is providing cost estimating services shall provide such an estimate, if identified as the Architect’s responsibility in Section 4.1, as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates.
§ 6.4 If If, through no fault of the Architect, construction procurement activities have not commenced within 90 days after the Architect submits the Construction ManagerDocuments to the Owner the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 6.6 If the Construction ManagerOwner’s estimate of current budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner’s budget for the Cost of the WorkWork due to market conditions the Architect could not reasonably anticipate, the Owner shall .1 give written approval of an increase in compensate the budget Architect for the Cost modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect’s services shall be without additional compensation. In any event, the Architect’s modification of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with Construction Documents shall be the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost limit of the Work; orArchitect’s responsibility under this Article 6.
Appears in 1 contract
Sources: Standard Abbreviated Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit, labor costs, material costs and a reasonable allowance for contingencies. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies established by the Owner for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work prepared by the Construction ManagerManager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, represent as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s judgment as a person inaccuracies or entity familiar with incompleteness in preparing cost estimates, or due to market conditions the construction industryArchitect could not reasonably anticipate. It is recognizedThe Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, that neither the Construction Manager nor Architect shall report to the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditionsany material inaccuracies and inconsistencies noted during any such review.
§ 6.3 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager and the Architect shall work together to reconcile the cost estimates.
§ 6.4 If If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectConstruction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall reasonably cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager and ArchitectManager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Construction Manager and Construction Manager’s consultants, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work,; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include alternates beyond 5% of the total cost of the work, appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work prepared by the Construction ManagerManager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, represent as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s judgment as a person inaccuracies or entity familiar with incompleteness in preparing cost estimates, or due to market conditions the construction industryArchitect could not reasonably anticipate. It is recognizedThe Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, that neither the Construction Manager nor Architect shall report to the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditionsany material inaccuracies and inconsistencies noted during any such review.
§ 6.3 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager and the Architect shall work together to reconcile the cost estimates.
§ 6.4 If If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectConstruction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager and ArchitectManager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; , the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.2 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and the updated estimates of the Cost of the Work prepared by the Construction ManagerArchitect, represent the Construction ManagerArchitect’s judgment as a person design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or entity equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
§6.2.1 A fixed limit of Building Construction Cost will be established in the Act 34 Booklet and approved by the Owner prior to the Act 34 hearing. Evaluation of the Owner’s budget for the Project represents the Architect’s judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Construction Manager Architect nor the Owner has control over the cost of labor, materials; materials or equipment; , over the Contractors’ Contractor’s methods of determining bid prices; , or over competitive bidding, market, market or negotiating conditions.. Accordingly, the Architect
§ 6.3 If In preparing estimates of the Architect is providing cost estimating services as a Supplemental ServiceCost of Work, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together be permitted to reconcile include 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 program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimatesestimating services, the Architect shall provide such services as an Additional Service under Article 4.
§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction ManagerDocuments to the Owner, through no fault of the Architect, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 6.6 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the WorkWork at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal within requirements of Pennsylvania law, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Cost Consultant to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work prepared by the Construction Manager, represent Cost Consultant prepares as the Construction Manager’s judgment as a person or entity familiar Architect progresses with its Basic Services. Architect will work with the construction industryOwner and the Cost Consultant to ensure the design development pricing package has the appropriate level of design documented to allow Cost Consultant to provide the required accuracy to commit on cost. It is recognizedThe Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Cost Consultant’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Cost Consultant’s estimates solely for the Architect’s guidance in completion of its services, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditions.
§ 6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together report to reconcile the cost estimatesOwner any material inaccuracies and inconsistencies noted during any such review.
§ 6.4 If If, prior to the Construction Managerconclusion of the Design Development Phase, the Cost Consultant’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectCost Consultant, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; orshall
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect for a Complex Project
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; , the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.2 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and the updated estimates of the Cost of the Work prepared by the Construction ManagerArchitect, represent the Construction ManagerArchitect’s judgment as a person or entity design professional familiar with the construction industry. It is recognized, however, that neither the Construction Manager Architect nor the Owner has control over the cost of labor, materials; materials or equipment; the Contractors’ Contractor’s methods of determining bid prices; or competitive bidding, market, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
§ 6.3 If In preparing estimates of the Architect is providing cost estimating services as a Supplemental ServiceCost of Work, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together be permitted to reconcile include 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 program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimatesestimating services, the Architect shall provide such services as an Additional Service under Article 4.
§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction ManagerDocuments to the Owner, through no fault of the Architect, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, Architect shall analyze its design and make appropriate cost-effective recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 6.6 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the WorkWork at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall at the Owner’s sole discretion .1 give written approval of an increase in the budget for the Cost of the WorkWork without a corresponding increase in the Architect’s compensation; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect (Nu Skin Enterprises Inc)
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; , the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.,
§ 6.2 The Owner’s budget for the Cost of the Work Work, if any, is provided identified in Initial InformationExhibit A, and shall may be adjusted throughout the Project as required under Sections 5.2 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and the updated estimates of the Cost of the Work prepared by the Construction ManagerArchitect, represent the Construction ManagerArchitect’s judgment as a person or entity familiar with the construction industrydesign professional. It is recognized, however, that neither the Construction Manager Architect nor the Owner has control over the cost of labor, materials; materials or equipment; the Contractors’ CM/GC Contractor’s methods of determining bid prices; or competitive bidding, market, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
§ 6.3 In preparing estimates of the Cost of Work, the Architect shall consult with the CM/GC if retained on the project at that time, and is permitted to include 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 program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. If the Architect is providing Owner requests detailed cost estimating services as a Supplemental Servicebeyond the cost estimating services provided in the Schematic Design phase, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimatesprovide such services as an Additional Service under Article 4.
§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction ManagerDocuments to the Owner, through no fault of the Architect, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If, prior to the conclusion of the Design Development Phase, the architect’s and/or CM/GC’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectCM/GC (if retained by that time), shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustmentsbudget.
§ 6.5 6.6 If the Construction ManagerCM/GC Contractor’s estimate of the Cost of the Work Guaranteed Maximum Price exceeds the Owner’s budget for the Cost of the WorkBudget, the Owner shall shall, at Owner’s election:
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 [reserved]; .2 .3 terminate in accordance with Section 9.5; .3 .4 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; oror .5 implement any other alternative acceptable to Owner.
§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, as an additional service, shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility under this Article 6.
§ 6.8 The cost of the work post-Schematic Design shall be prepared by the CM/GC Contractor or other Owner’s consultant.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; , the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.2 5.4 and 6.4. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work prepared by the Construction ManagerManager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, represent as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s judgment as a person inaccuracies or entity familiar with incompleteness in preparing cost estimates. The Architect may review the construction industry. It is recognizedConstruction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, that neither the Construction Manager nor Architect shall report to the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditionsany material inaccuracies and inconsistencies noted during any such review.
§ 6.3 6.3.1 If the Architect is providing detailed cost estimating services as a Supplemental an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager and the Architect shall work together cooperatively to reconcile conform the cost estimatesestimates to one another.
§ 6.4 If If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectConstruction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Workbudget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to paid by the Owner to construct all elements of the Project designed or specified by the Architect and approved by Owner, and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the ArchitectArchitect or the Owner’s other consultants; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall may be adjusted by Owner throughout the Project as required under Sections 5.2 and 6.4Project. Evaluations of the Owner’s budget for the Cost of the Work, Work and the any estimates of the Cost of the Work prepared by the Construction ManagerArchitect, represent the Construction ManagerArchitect’s judgment as a person or entity familiar with the construction industrydesign professional. It is recognized, however, that neither the Construction Manager Architect nor the Owner has control over the cost of labor, materials; , or equipment; the Contractors’ Contractor’s methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect.
§ 6.3 If At various stages during the Architect is providing cost estimating services as design phases of the Project, Owner will provide estimates of the Cost of Work performed by a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimatescontractor or construction manager.
§ 6.4 If the Construction Manager’s at any time an estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation Architect shall advise and consult with Owner and the Architect, shall contractor that provided the estimate and make appropriate recommendations to the Owner to adjust the Project’s size, quality, design, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the WorkWork at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; orshall
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; , the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall may be adjusted throughout the Project as required under Sections 5.2 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and the updated estimates of the Cost of the Work prepared by the Construction ManagerArchitect, represent the Construction ManagerArchitect’s judgment as a person or entity familiar with the construction industrydesign professional. It is recognized, however, that neither the Construction Manager Architect nor the Owner has control over the cost of labor, materials; materials or equipment; the Contractors’ Contractor’s methods of determining bid prices; or competitive bidding, market, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
§ 6.3 If In preparing estimates of the Architect is providing cost estimating services as a Supplemental ServiceCost of Work, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together be permitted to reconcile include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the cost estimates.Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner
§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction ManagerDocuments to the Owner, through no fault of the Architect, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the he Work, the Construction Manager, in consultation with the Architect, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.,
§ 6.5 6.6 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the WorkWork at the conclusion of the Construction Documents Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of cost estimating or tracking under this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the ContractorsConstruction Manager’s’ compensation, including general conditions costs, overhead overhead, and profit. The For purposes of calculating fees or other costs determined on a percentage of the Cost of the Work also includes the reasonable value of laborWork, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Tthe Cost of the Work does not include the compensation of the Architect; , the compensation of the Construction Manager for Preconstruction Phase services, the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is provided in the Initial Information, which the Architect acknowledges it fixed. A fixed limit of construction cost shall be established by the Owner as a condition of this Agreement and shall may be adjusted throughout the Project as required under Sections 5.2 5.4 and 6.4. Evaluations of the Owner’s budget for the Cost of the WorkWork represent the Architect’s judgment as a design professional.
§ 6.3 The Owner shall permitrequire the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work prepared by the Construction ManagerManager prepares as the Architect progresses with its prepare its own estimates of the cost of the work as necessary for Basic Services. The Architect shall prepare, represent as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s judgment as a person inaccuracies or entity familiar with incompleteness in preparing cost estimates. The Architect may review the construction industry. It is recognizedConstruction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, that neither the Construction Manager nor Architect shall report to the Owner has control over the cost of labor, materials; or equipment; the Contractors’ methods of determining bid prices; or competitive bidding, market, or negotiating conditionsany material inaccuracies and inconsistencies noted during any such review.
§ 6.3 6.3.1 If the Architect is providing detailed cost estimating services as a Supplemental an Additional Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect shall work cooperatively with the Construction Manager to conform the cost estimates to one another. The Architect shall ensure compliance with MCL 339.2011.
§ 6.3.2 Subject to Section 4.3, if the Owner engages a Cost Consultant and a discrepancy exists between the Construction Manager’s estimate and the Cost Consultant’s estimate, the Architect shall work together assist the Cost Consultant and Construction Manager as necessary to reconcile conform the cost estimatesestimates to one another.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the If at any time, the Architect’s or the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction ManagerArchitect, in consultation with the ArchitectConstruction Manager and as a Basic Service, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Workbudget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If at any time the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; orshall
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractorscontractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.
§ 6.2 The Owner’s budget for the Cost of the Work is as provided in Initial Information, or otherwise provided by the Owner in writing, and shall may be adjusted throughout the Project as required under Sections 5.2 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Construction ManagerArchitect, represent the Construction ManagerArchitect’s judgment as a person or entity familiar with the construction industrydesign professional. It is recognized, however, that neither the Construction Manager Architect nor the Owner has control over the cost of labor, materials; materials or equipment; the Contractors’ Contractor’s methods of determining bid prices; or competitive procurement/bidding, market, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect.
§ 6.3 If In preparing estimates of the Architect is providing cost estimating services as a Supplemental ServiceCost of Work, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together be permitted to reconcile include contingencies for design, contractor quotes/bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques in order to provide an estimate pursuant to the requirements of the Owner and the Ohio Revised Code, whether or not competitive statutory bidding is implemented. If the Owner requests detailed cost estimatesestimating services, the Architect shall provide such services as an Additional Service, in accordance with this Agreement.
§ 6.4 If If, through no fault of the Architect, construction procurement activities have not commenced within 90 days after the Architect submits the Construction ManagerDocuments to the Owner the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market, subject to Owner’s approval.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. The Architect shall provide these services and update the design documents accordingly, at no additional cost to the Owner.
§ 6.5 6.6 If the Construction ManagerArchitect’s estimate of the Cost of estimate(s) for the Work exceeds the Owner’s budget for the Cost of Project is exceeded by the Worklowest bona fide contractor quote/proposal or bid, the Owner shall may, at its option:
.1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or;
Appears in 1 contract
Sources: Standard Abbreviated Form of Agreement Between Owner and Architect
Cost of the Work. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner.all
§ 6.2 The Owner’s budget for the Cost of the Work is provided in Initial InformationInformation herein, and shall be adjusted throughout the Project as required under Sections 5.2 5.2, 6.4 and 6.46.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work Work, prepared by the Construction ManagerArchitect, represent the Construction ManagerArchitect’s judgment as a person or entity familiar with the construction industrydesign professional. It is recognized, however, that neither the Construction Manager Architect nor the Owner has control over the cost of labor, materials; , or equipment; the Contractors’ Contractor’s methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect.
§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include 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 recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect is providing cost estimating services shall provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1, as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates.
§ 6.4 If If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction ManagerDocuments to the Owner, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 6.6 If the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the WorkWork at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .3 .4 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative.
§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner’s budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Architect