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<br />Page 1 <br />(Exhibit F – Construction Cost Limit) <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. <br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> <br />This is EXHIBIT F, consisting of 1 pages, referred to in <br />and part of the Agreement between Owner and Engineer <br />for Professional Services dated , . <br /> <br />Construction Cost Limit <br /> <br />Paragraph 5.02 of the Agreement is supplemented to include the following agreement of the parties: <br /> <br />F5.02 Designing to Construction Cost Limit <br /> <br />A. Owner and Engineer hereby agree to a Construction Cost limit in the amount of $ . <br />B. A bidding or negotiating contingency of percent will be added to any Construction Cost <br />limit established. <br />C. The acceptance by Owner at any time during Basic Services of a revised opinion of probable <br />Construction Cost in excess of the then established Construction Cost limit will constitute a <br />corresponding increase in the Construction Cost limit. <br />D. Engineer will be permitted to determine what types and quality of materials, equipment and <br />component systems are to be included in the Drawings and Specifications. Engineer may make <br />reasonable adjustments in the scope, extent, and character of the Project to the extent consistent <br />with the Project requirements and sound engineering practices, to bring the Project within the <br />Construction Cost limit. <br />E. If the Bidding or Negotiating Phase has not commenced within three months after completion of <br />the Final Design Phase, or if industry-wide prices are changed because of unusual or <br />unanticipated events affecting the general level of prices or times of delivery in the construction <br />industry, the established Construction Cost limit will not be binding on Engineer. In such cases, <br />Owner shall consent to an adjustment in the Construction Cost limit commensurate with any <br />applicable change in the general level of prices in the construction industry between the date of <br />completion of the Final Design Phase and the date on which proposals or Bids are sought. <br />F. If the lowest bona fide proposal or Bid exceeds the established Construction Cost limit, Owner <br />shall (1) give written approval to increase such Construction Cost limit, or (2) authorize <br />negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the <br />Project's scope, extent, or character to the extent consistent with the Project’s requirements and <br />with sound engineering practices. In the case of (3), Engineer shall modify the Contract <br />Documents as necessary to bring the Construction Cost within the Construction Cost Limit. <br />Owner shall pay Engineer’s cost to provide such modification services, including the costs of the <br />services of its Consultants, all overhead expenses reasonably related thereto, and Reimbursable <br />Expenses, but without profit to Engineer on account of such services. The providing of such <br />services will be the limit of Engineer’s responsibility in this regard and, having done so, Engineer <br />shall be entitled to payment for services and expenses in accordance with this Agreement and will <br />not otherwise be liable for damages attributable to the lowest bona fide proposal or bid exceeding <br />the established Construction Cost limit.