R2016-76 AUTHORIZING CITY MANAGER TO ENTER INTO A CONSTRUCTION PROJECT MANAGMENT (Dewberry Architects)

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The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Canditions of tt�e Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project sitc prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to thc Work whaever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of tho Work shall be the tocal cost to the Owner or,to the extent that the Project is not completed,the estimated cost to the Owner,to wnstruct all elements of the Project designed or specified by the ArchitecE and shall includc contractors'general conditions costs,overhead and pro6t.'fhe Cost of the Work dces not inctude the compensation of the Architect,the costs of the Iand,ri�hu-of-way,financing, contingencies fbr changes in the Work or other costs that are the responsibility of tf�e Owner. § 6.2'[re Owner's budget for the Cost of the Work is provided in Initial Information,and may bc adjusted throughout the Project as required unda Sections 5.2,6.4 and 6.5.Evaluations of the Owner's budget for the Cost of ti�e Work,the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by ihe Architect,represent the Arcttitect's judgment as a design professional.It is recognized,however,that neither the Architect nor the Owner has control over the cost of labor,materials or equipment;the Contractor's methods of determining bid prices;or competitive bidding.market or ne�otiating conditions.Accordingly,the Architect cannot and does not warrant a represent that bids ar negotiated prices wiU not vary from the Owner's budget for the Cost of the Work or frorrt any estimate of the Cost of the Work or evaluation prepared or ugeed to by the Architect. § $.31n preparing estimates of the Cost of Work,the Architect shall be permitted to include contingencies for design,bidding arod price escalation;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 prosram and scope of the Projeci;and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's bucfget for the Cost of the Work The Architect's estimate of the Cost of the Work shall be based on cuRe�t area,volume or similaz conceptual estimating techniques.lf the Owner requests detaited cost estimating services,the Architect shall provide such services as an Additional Service under ARicle 4. § 6.41f the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Consvuction Documents to the Owner,Ehrough no fault of the Architect,che Owner's budget for the Cast of the Work shall be acfjustod to reflect changes in the general levet of prices in the applicable const�uction market. § 6.5 If at any time the Architect's estimate of thc Cost of the Work exceeds tE�e Owner's budget for the Cost of the Work,the Architect shall make appropriate recommendatia►s to the Owner to adjust the ProjecCs size,quality or budget for the Cost of the Work,and the Owner shall cooperate wilh the Architect in making such adjustments. I § 6.61f the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the Eowest bona fide bid a negotiated proposal by more than 10°»,the Owner shall .1 give written approva!af nn increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project wilhin s reasonable time; .3 terminate in accordance with 5ection 9.5; .4 in consultation with the Architect,revise the Project progam,scope,or quality as required to reduce the Cost of the Work;ar .5 implement any other mutuafly acceptable altemative. § 6.T If the Owner chooses to proceed under Section 6.6.4,the Architect,without additional compensation,shall modify the Construction Documents as necessary to cumply with the Owner's budget for the Cost of the Work at the canclusion of the Construction Dacuments Phase Services,ar the budget as adjusted under Section 6.6.1.'ilu Architect's modification of the Construction Documents shall be the limit ofthe Architect's responsibility under this Article 6. § 6.8 If the Owner's budge�for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal by less than ten percent{10%),the Owner shal I: Init aA DocurNnt B101^'—R007(fortn�rly 8151^�—1997�.Copyrt9ht m 1974,1978,1987,1997 sad 2007 by The Ama�lcan InaQtuta af/lrchitects.All�iphb rsa�rv�d.WARNING Thts AIA�' pocument la protected by U.S.Copytlght L.aw a�d IntomaUonal Trealfes.Unaulhorized reproductlon or dlstrtbutlon ,� of thls AIA' Document,or any poAlon of it may rasult In aevere clvll and crlminal penaltles.and wfll ba prosatuted to the maaimum eztent posslb�� � undor the law.This dxumeM waa producad by AW sartwere at 11:27'15 on 061091201 B undsr O�der No.6563T09714 1 whkh e�Ires on 07l012016.and Is not tw resale. Ussr NoLs: (1437336971) V