Section 19-4353. DESIGN WITHIN FUNDING LIMITATION  


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    4353.1The Library may require the architect-engineer contractor to design the project so that construction will not exceed a contractually specified dollar limit. The amount of the construction funding shall be established during negotiations between the firm and the CCO.

     

    4353.2In negotiating the funding limitation amount, the CCO shall make available to the firm the information upon which the Library has based its initial construction estimate and subsequently acquired information that may affect the construction costs.

     

    4353.3If the price of construction proposed in response to a Library solicitation exceeds the construction specified dollar funding limit in the architect-engineer contract, the firm shall be solely responsible for redesigning the project within the funding limitation.

     

    4353.4Any redesign services required by Section 4354 shall be performed at no increase in price of the architect-engineer (A/E) contract, unless the cost of proposed construction is based on circumstances beyond the A/E firm's reasonable control.

     

    4353.5If an architect-engineer firm's design fails to meet the contractual limitation on construction cost and the CCO determines that the firm should not redesign the project, the CCO shall place a written statement of the reasons for that determination in the contract file.

     

source

Final Rulemaking published at 55 DCR 493 (January 18, 2008).