Laserfiche WebLink
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 tom] cost to OWNER of those portions of the entire PROJECT <br />designed and specified by ENGINEER, but not including ENGINEER's compensation <br />and expenses, the cost of land, rights-of-way, or compensation for, or damages to <br />properties unless this Agreement so specifies, nor will it include OWNER's legal, <br />accounting, insurance counseling or auditing services, interest and finance charges <br />incurred in connection with the PROJECT, or the cost of other services to be provided <br />by others to OWNER. <br /> <br />6.2. Opinions of Probable Construction Cost <br /> <br />Since 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, <br />or over competitive bidding or market conditions, ENGINEER's Opinions of Probable <br />Construction Cost provided for herein are to be made on the basis of ENGINEER's <br />experience and qualifications and represent ENGINEER's judgment performed in a <br />manner consistent with that level of care and skill ordinarily exercised by other <br />professional consultants under similar circumstances who are familiar with the <br />construction industry. Therefore, ENGINEER cannot and does not guarantee that <br />proposals or actual Total Project or Construction Costs will not vary from Opinions <br />of Probable Construction Costs prepared by ENGINEER. If, prior to the Bidding or <br />Negotiating Phase, OWNER wishes greater assurance as to Total Project or <br />Construction Costs, OWNER shall employ an independent cost estimator. <br /> <br />SECTION 7 - GENERAL CONSIDERATIONS <br /> <br />7.1 Standard of Care <br /> <br />ENGINEER shall perform all services under this Agreement in a manner which is <br />consistent with generally accepted standards of professional engineering practice. <br /> <br />7.2 Termination <br /> <br />7.2.1 <br /> <br />This Agreement may be terminated in writing by either party in the event of <br />substantial failure by the other party to fulfill its obligations under this Agreement <br />through no fault of the terminating party. However, no termination for default may <br />be initiated unless the other party is given a ten (10) calendar day period to correct <br />any alleged failure after written notice (delivery by certified mail, return receipt <br />requested) of intent to terminate. <br /> <br />- 16- <br /> <br /> <br />