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O-2002-2602
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O-2002-2602
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Last modified
11/2/2016 3:39:09 PM
Creation date
7/27/2006 8:11:26 AM
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Template:
Legislative Records
Legislative Type
Ordinance
Date
12/9/2002
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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 "Construction <br />Cost") means the total cost to Owner of those portions of the entire Project designed and <br />specified by Engineer, but it will not include Engineer's compensation and expenses, the <br />cost of land, rights-of-way, or compensation for or damages to properties, nor will it <br />include Owner's legal, accounting, insurance counseling or auditing services, or interest <br />and financing charges incurred in connection with the Project or the cost of other services <br />to be provided by others to Owner pursuant to paragraphs 3.7 through 3.11, inclusive. <br />(Construction Cost is one of the items comprising Total project Costs which is defined in <br />paragraph 1.2.4.) <br /> <br />6.2 OPINIONS OF COST <br /> <br />6.2.1 Since the Engineer has no control over the cost of labor, materials, equipment or <br />services furnished by others, or over the Contractor(s)' methods of determining prices, or <br />over competitive bidding or market conditions, Engineer's best judgment as an <br />experienced and qualified professional, familiar with the construction industry; but <br />Engineer 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 Engineer. If <br />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 Engineer 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 <br />revised opinion of probable Total Project or Construction Costs in excess of the then <br />established cost limit will constitute a corresponding revision in the Construction Cost limit <br />to the extent indicated in such revised opinion. <br /> <br />6.2.2.2 Any Construction Cost limit so established will include a contingency of four <br />percent (4%) unless another amount is agreed upon in writing. <br /> <br />6.2.2.3 Engineer will be permitted to determine what types of materials, equipment <br />and component systems are to be included in the Drawings and Specifications and to <br />make reasonable adjustments in the general scope, extent and character of the Project to <br />
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