83-018 Ordinance - Laserfiche WebLink

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? ? SECTION 6-CONSTRUCTION COST AND OPINIONS OF COST 6.1. Construction Cost. The construction cost of the entire Project (herein re- ferred to as "Construction Cost") means the total cost of the entire Project to OWNER, but it will not include ENGINEER's compensation and expenses, the cost ofland, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financ- ing charges incurred in connection with the Project. [Construction Cost is one of the items comprising Proj- ect Costs which is defined in paragraph 1.2.5.] When Construction Cost is used as a basis for payment it will be based on one of the following sources with prece- dence in the order listed for work designed or specified by ENGINEER: 0.1.1. ror completed construction work the total costs of all work performed as designed or specified by ENGINEER. 6.1.2. For work designed or specified but not con structed, the lowest bona fide bid received from a qual- ified bidder for such work; or, if the work is not bid, the lowest bona fide negotiated proposal for snch work. 6.1.3. For work designed or specified but not con- structed upon which no such bid or proposal is re- ceived, the most recent estimate of Construciion Cost, or, if none is available, ENGINEER's most recent opinion of probable Construction Cost. Labor furnished by OWNER for the Project will be included in the Construction Cost at current market rates including a reasonable allowance •for overhead and profit. Materials and equipment furnished by OWNER will be included at current market prices. No deduction is to be made from E.NGINEER's compen- sation on account of any penalty, liquidated damages, or other amounts withheld from paymenis to Contrac- tor(s). 6.2. Opinions of Cost. 6.2.1. Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of deter- mining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost and Construction Cost provided for herein are to be made ? on the basis of his experience and qualifications and represent his best judgment as an experienced and qual- ified professional engineer, familiar with the construc- tion industry; but ENGINEER cannot and does not guarantee that proposals, bids or actual Project or Con- struction Cost will not vary from opinions of probable cost prepared by him. If prior to the $idding or Nego- tiating Phase OWNER wishes greater assurance as to Project or Construction Cost he 'shall employ an inde- pendent cost estimator as provided in paragraph 3.8. 6.2.2. If a Construction Cost limit is established by written agreement between OWNER and ENGI- NEER, the following will apply: . 6_2.2.1. The acceptance by OWNER at any time during the Basic Services of a revised opinion of probable Project or Construction Cost in excess of the then established cost limit will constitute a cor- responding revision in ihe Construction Cost limit to the extent indicated in such revised opinion. 6.2.2.2. Any Construction Cost limit so established will include a contingency of ten percent unless an- other amount is agreed upon in writing. 6.2.2.3. ENGINEER will be permitted to deter- mine what materials, equipment, component sys- tems and types of construction are to be included in the Drawings and Specifications and to make reason- able adjustments in the extent of the Project to bring it within the cost limit. 6.2.2.4. If the Bidding or Negotiating Phase has not commenced within six months after completion of the Final Design Phase, the established Construction Cost limit will not be binding on ENGINEER, and OWNER shall consent to an adjustment in such cost limit commensurate with any applicable change in the general level of prices in the construction indus- try between the date of completion of the Final De- sign Phase and the date on which proposals or bids are soughi. 6.2.2.5. If the lowest bona fide proposal or bid ex- ceeds the established Construction Cost limit, OWNER shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the Projeci within a reasonable time, ar (3) cooperate in revising the Project's extent or quality. In the case of (3), ENGINEER shall, without additional charge, modify the Contract Documents as necessary to bring the Construction Cost within the cost limit. The providing of such service will be the limit of ENGINEER's responsibility in this regard and, hav- Page 11 of - 1-5_ pages