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<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. <br /> <br />3.1.4 <br /> <br />If the lowest bona fide bid exceeds the Fixed Limit of <br /> <br />Construction Cost established as a condi tion of this Agreement, <br /> <br />the <br /> <br />Owner shall (1) give written approval of an increase in such fixed <br /> <br />limit, <br /> <br />(2) <br /> <br />authorize rebidding or renegotiating of the 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 ( 3 ) <br /> <br />above or other actions <br /> <br />requested by the Owner in writing shall be undertaken as an additional <br />service and as such compensation shall be in accordance with Section <br /> <br />12.2.1 hereof. <br /> <br />During the development of the project(s) through the <br /> <br />phases described by Article 1 of this Agreement and prior to final <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 />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 />PAYHENTS TO THE ENGIHEER <br /> <br />4.1. <br /> <br />PAYMEHTS ON ACCOUNT OF BASIC SERVICES <br /> <br />4.1.1 <br /> <br />Payments for Basic Services may be made to Engineer monthly <br /> <br />following receipt by Owner of <br /> <br />Engineer's monthly written progress <br /> <br />status report and invoice therefor as set forth in Article 12, less any <br />disputed amounts, pending resolution thereof. <br /> <br />-16- <br />