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<br />3.2.2 <br /> <br />A fixed limit of construction cost will be established for <br /> <br />this <br /> <br />Project(s) . <br /> <br />The <br /> <br />Engineer <br /> <br />shall <br /> <br />be <br /> <br />permitted <br /> <br />to <br /> <br />include <br /> <br />contingencies for design, <br /> <br />bidding and price escalation, to determine <br /> <br />what materials, equipment, component systems and types of construction <br /> <br />are to be included in the construction contract documents, <br /> <br />to make <br /> <br />reasonable adjustments in the scope of the Project(s) and to include in <br /> <br />the <br /> <br />construction <br /> <br />contract <br /> <br />documents <br /> <br />alternate <br /> <br />bids <br /> <br />to <br /> <br />adjust <br /> <br />the <br /> <br />construction cost to the fixed limit. <br /> <br />The fixed limit of construction <br /> <br />cost may be increased by Owner. <br /> <br />Any such increase in the fixed limit <br /> <br />of construction cost shall not result in increased compensation to <br /> <br />Engineer unless same is the result of revisions requested by Owner in <br /> <br />accordance with Section 1.6.1 hereof, and in such event, Engineer shall <br /> <br />be compensated as provided in Section 13.2.1 hereof. <br /> <br />3.2.3 <br /> <br />If the <br /> <br />lowest bona <br /> <br />fide bid exceeds <br /> <br />the <br /> <br />Fixed Limit <br /> <br />of <br /> <br />Construction Cost established as a condition of this Agreement, <br /> <br />the <br /> <br />Owner shall <br /> <br />(1) <br /> <br />give written approval of an increase in such fixed <br /> <br />limit, <br /> <br />(2) <br /> <br />authorize <br /> <br />rebidding <br /> <br />or <br /> <br />renegotiating <br /> <br />of <br /> <br />the <br /> <br />Project(s) <br /> <br />within a reasonable time, or (3) cooperate in revising the Project(s) <br /> <br />scope and quality to reduce the Construction Cost. <br /> <br />Services provided <br /> <br />by the Engineer regarding items <br /> <br />(2) <br /> <br />and <br /> <br />(3 ) <br /> <br />above or other actions <br /> <br />requested by the Owner in writing shall be undertaken as an additional <br /> <br />service and as such compensation shall be in accordance with Section <br /> <br />13.2.1 hereof. <br /> <br />During the development of the proj ect (s) <br /> <br />through the <br /> <br />phases described by Article 1 of this Agreement and prior to final <br /> <br />approval of construction contract documents, plans and specifications <br /> <br />by <br /> <br />the <br /> <br />Owner, <br /> <br />the <br /> <br />Engineer <br /> <br />shall <br /> <br />monitor <br /> <br />the <br /> <br />estimated <br /> <br />probable <br /> <br />construction cost in <br /> <br />relation to the established fixed limit. <br /> <br />If necessary, the Engineer shall implement construction costs <br /> <br />savings measures or otherwise endeavor to limit probable construction <br /> <br />cost to the level of available funds set by the Owner. <br /> <br />ARTICLE 4 <br /> <br />REIHBURSABLE EXPENSES <br /> <br />4.1 <br /> <br />If reimbursable expenses are to be paid as a part of this <br /> <br />Agreement as set forth in Article 13, such expenses are in <br /> <br />addition to <br /> <br />the Compensation for Basic and Additional Services and include certain <br /> <br />-12- <br />