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O-1999-2322
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O-1999-2322
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Last modified
11/2/2016 3:39:02 PM
Creation date
7/25/2006 2:55:31 PM
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Template:
Legislative Records
Legislative Type
Ordinance
Date
4/26/1999
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<br />e <br /> <br />e <br /> <br />SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST <br /> <br />6.1 Construction Cost <br /> <br />The construction cost of the entire Project (herein referred to as <br />"Construction Cost") means the total cost to OWNER of those portions of the entire Project <br />designed and specified by ARCHITECT, but it will not include ARCHITECTs <br />compensation and expenses, the cost of land, rights-of-way, or compensation for or <br />damages to properties, nor will it include OWNER's legal, accounting, insurance <br />counseling or auditing services, or interest and financing charges incurred in connection <br />with the Project or the cost of other services to be provided by others to OWNER pursuant <br />to paragraphs 3.7 through 3.11, inclusive. (Construction Cost is one of the items <br />comprising Total Project Costs which is defined in paragraph 1.2.4.) <br /> <br />6.2 Opinions of Cost <br /> <br />6.2.1 Since the ARCHITECT has no control over the cost of labor, materials, equipment <br />or services furnished by others, or over the Contractor(s)' methods of detennining prices, <br />or over competitive bidding or market conditions, ARCHITECTs best judgment as an <br />experienced and qualified professional, familiar with the construction industry; but <br />ARCHITECT cannot and does not guarantee that proposals, bids or actual Total Project or <br />Construction Costs will not vary from opinions of probable cost prepared by ARCHITECT. <br />If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total <br />Project or Construction Costs, OWNER shall employ an independent cost estimator as <br />provided in paragraph 3.9. <br /> <br />6.2.2 If a Construction Cost limit is established by written agreement between OWNER <br />and ARCHITECT and specifically set forth in this Agreement as a condition thereto, the <br />following will apply: <br /> <br />6.2.2.1 The acceptance by OWNER at any time during the Basic Services of a revised <br />opinion of probable Total Project or Construction Costs in excess of the then established <br />cost limit will constitute a corresponding revision in the Construction Cost limit to the extent <br />indicated in such revised opinion. <br /> <br />6.2.2.2Any Construction Cost limit so established will include a contingency of five oercent <br />(5%) unless another amount is agreed upon in writing. <br /> <br />6.2.2.3ARCHITECT will be pennitted to detennine what types of materials, equipment and <br />component systems are to be included in the Drawings and Specifications and to make <br />reasonable adjustments in the general scope, extent and character of the Project to bring it <br />within the cost limit. <br /> <br />6.2.2.41f the Bidding or Negotiating Phase has not commenced within six months after <br />completion of the Final Design Phase, the established Construction Cost limit will not be <br />binding on ARCHITECT, and OWNER shall consent to an adjustment in such cost limit <br /> <br />6-1 <br />
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