3.12. SR 03-20-2006 - Laserfiche WebLink

Home Browse Search

~ 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK ~ 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare cooperate with the Contractor or any other representative or consultant engaged by the Owner for the preparation of a preliminary estimate ofthe Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the :\rehiteet shall Owner may ask the Contractor or any other re1;>resentative or consultant to update and refine the preliminary estimate of the Cost of the Work. The AreRitect shall aavise the OWfler af aFl)' adjHslffieats ta pre'lieus estimates af the Cost of the Wark iaaicat-ea by ehaRges iR Prajeet feqairemeats or geaeral market eoRditiaas. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner, or shall consider appropriate recommendations provided by the Gwfler.Contractor or any other representative or consultant to the Owner. to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. ~ 2.1.7.2 E'lalaatiaas efthe OWfler's badget fer the Project, the prelimiRary estimate of tbe Cost of the Work afld lIfldated estimates af the Cast af the Wark prepared by the L'\rehiteet represeat the Arehiteet's jadgmeat as a Elesiga professiaflal familiar with the caftstrHctiaa iadustry. It is recognized, hewe'/er, ~ that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids er-negotiated prices or actual costs will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared reviewed, relied upon or agreed to by the Architect. ~ 2.1.7.3 In preparing estimates of the Cost of the Work, the L'\r{)hitect estimator shall be permitted and expected to include contingencies for design, bidding and price escalation; The Architect shall be permitted to determine recommend what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to malEe-recommend reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be F1ecessary appear ap1?ropriate. in the exercise of the Architect's iudgment to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. 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. The Owner and the Architect acknowledge that changes mav be required because of possible omissions. ambiguities or inconsistencies in the plans and specifications and the Owner agrees that the Architect shall be permitted to include contingencies for such changes in the amount of five percent (5%) of the Cost of the Work. The Owner agrees to make no claim with respect to anv changes made within such contin~ent reserves and the Architect agrees to make no claim with respect to any additional services required to correct any such omissions. ambiguities or inconsistencies. ~ 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. ~ 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 .2 .3 .4 give written approval of an increase in the budget for the Cost of the Work; authorize rebidding or renegotiating of the Project within a reasonable time; terminate in accordance with Section 1.3.8.5; or cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. ~ 2.1.7.6 If the Owner chooses to proceed under Clause 2.1.7.5.1. the Owner may not claim that the Architect is responsible for the Cost of anv Work authorized by the Owner.If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Section 2.1.7. The Architect shall not be responsible for the Cost of the Work. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. 2. 1.7.7 If the budget for the Cost of the Work would be exceeded as a result of Change Orders proposed after the AlA Document B141™ -1997 Part 2. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AlA'" Document, or any portion of iI, may result in severe civil and criminal penalties, and will be prosecuted to the maximum exlent possible under Ihe law. This document was produced by AlA software aI16:04:21 on 03/15/2006 under Order NO.1 000195323_9 which expires on 9/812006, and is nol for resale. User Noles: (1950708717)