a. The approval by the Vice President for Administrative and
Information Services at any time during the Basic Services of a revised Statement of
Probable Costs in excess of the then established cost limit, shall constitute a
corresponding increase in the Project Construction Cost Limit.
b. The CONSULTANT shall be permitted to determine what materials,
equipment, component systems and types of construction are to be included in the Drawings
and Specifications and to make reasonable adjustments in the scope of the PROJECT to bring
it within the cost limit.
c. Should the COLLEGE elect not to receive bids within three (3) months
of the receipt of the completed approved contract documents, the established Project
Construction Cost Limit in this Agreement shall not be effective or binding on the
CONSULTANT, and the COLLEGE will consent to an adjustment in such cost limit commensurate
with any change in the general level of prices in the construction industry between the
receipt of the completed approved contract documents and the date on which proposals or
bids are sought.
If the lowest bona fide proposal bid exceeds the established Project
Construction Cost Limit, the Vice President for Administrative and Information Services
will (1) give written approval to increase such cost limit, or (2) authorize
negotiating or rebidding the PROJECT within a reasonable time, or (3) cooperate in
revising the PROJECT scope. In the case of (3) and pursuant to Paragraph 13 of Exhibit B,
the CONSULTANT will, without additional charge, modify the Drawings and Specifications as
necessary to bring the PROJECT within the Project Construction Cost Limit.
Since the CONSULTANT has no control over the cost of labor, materials
or equipment or over the Contractor(s) methods of determining prices, or over competitive
bidding or market conditions, its estimates of costs for the PROJECT provided for herein
are to be made on the basis of its experience and qualifications and represent its best
judgment as a design professional familiar with the construction industry, but the
CONSULTANT cannot and does not guarantee that proposals, bids or the construction cost of
the PROJECT will not vary from cost estimates prepared by it.