Reso 99-148 - Laserfiche WebLink

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ARTICLE 7 CONSTRUCTION COST 7.1 DEFINITION (I) The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect-Engineer. The construction cost shall not exceed the Owner's Construction Budget. The Owner's construction budget is set forth in Article I and Exhibit B. (2) The Construction Cost shall also include the cost of labor and materials furnished by the Owner and any equipment which has been designed, specified, selected or speciaHy provided for by the Architect-Engineer. It shaH also include the Contractor's compensation for services, Reimbursable Costs and the cost of work provided by the Contractor. (3) Construction Cost does not include the compensation of the Architect-Engineer and the Architect- Engineer's consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner. 7.2 RESPONSIBILITY FOR CONSTRUCTION COST (I) The Architect-Engineer, as a design professional familiar with the construction industry, shall assist the Contractor in evaluating the Owner's Project budget and shall review the estimates of Construction Cost prepared by the Contractor. It is recognized, however, that neither the Architect- Engineer, nor the Owner has control over the cost of labor, materials or equipment, over the Contractors' method of determining Bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect-Engineer cannot and does not warrant or represent that Bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, or from the estimate of Construction Cost or other cost estimate or evaluation prepared by the Contractor. (2) No fLxed limit of Construction Cost shaH be established as a condition of this Agreement by the furnishing, proposal, or establishment of a Project budget, unless such fIXed limit has been agreed upon. If such a fLxed limit has been established, the Contractor will include contingencies for design, bidding and price escalation and the Contractor will consult with the Architect-Engineer 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 scope of the Project, and to include in the Contract Documents alternate Bids to adjust the Construction Cost to the fixed limit. (3) If Bids are not received within the time scheduled at the time the fIXed limit of Construction Cost was established due to causes beyond the Architect-Engineer's control, any fIXed limit of Construction Cost established as a condition of this Agreement shall be adjusted to reflect any change in the general level of prices in the construction industry between the originaHy scheduled date and the date on which Bids are received. (4) Ifa fIXed limit of Construction Cost is exceeded by the sum of the lowest figures from bona fide Bids of negotiated proposals, plus the Contractor's estimate of other elements of Construction Cost for the Project, the Owner shaH (I) give written approval of an increase in such fIXed limit, (2) authorize rebidding or renegotiation of the Project or portions of the Project within a reasonable time, or (3) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of Item (3) the Architect-Engineer shaH modify the Drawings and Specifications as necessary to comply with the fLxed limit, without additional cost to the Owner if the Architect has 10