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<br />ARTICLE 3 <br />CONSTRUCTION COST <br /> <br />3.1 DEFINITION <br /> <br />3.1.1 The construction cost WIll be the total cost or estimated cost to the City of all elements of <br />the Project designed or specified by the Engineer. <br /> <br />3.1.2 The construction cost will Include at current market rates, including a reasonable <br />allowance for overhead and profit, the cost of any equipment which has been designed, specIfied, <br />selected or specIally provided for by the Engineer, except that used materials and equipment WIll <br />be included as if purchased new for the Project. <br /> <br />3.1.3 Construction cost does not include the compensation of the EngIneer and the Engineer's <br />consultants, or other costs which are the responsibIlIty of the City as provIded in Article 2. <br /> <br />3.2 RESPONSIBILITY FOR CONSTRUCTION COST <br /> <br />3.2.1 EvaluatIons of the CIty'S Project budget and detailed cost estImates, if any, prepared by <br />the Engineer, will represent the EngIneer's best judgment as a design professional familiar with <br />the constructIon Industry. <br /> <br />3.2.2 A fixed limit of construction cost for this Project WIll be established by the City's <br />representatIve after consulting with the EngIneer. The Engineer will be permitted to include <br />contingencies for design, bidding and price escalation, to determine what materials, equipment, <br />and types of construction are to be included in the construction contract documents, to make <br />reasonable adJustments In the scope of the Project and to include in the constructIon contract <br />documents alternate bids to adjust the construction cost to the fixed limit. The fixed limit of <br />construction cost may be increased by the CIty. <br /> <br />3.2.3 If the lowest bona fide bId exceeds the Engineer's most recent approved cost estimate <br />established as a condition of this Agreement, the City will (1) give written approval of an <br />increase In such fixed lImIt, (2) authonze re-biddlng of the Project within a reasonable tIme, or <br />(3) cooperate in revising the Project scope and qualIty to reduce the construction cost. During <br />the development of the Project through the phases described by Article 1 of this Agreement and <br />pnor to the City's final approval of construction contract documents, the EngIneer WIll monItor <br />the established probable construction cost in relation to the establIshed fixed limIt. In providing <br />estimates of cost, financial analyses, economic feasibility projections, and schedules for the <br />ProJect, both the CIty and the Engineer recognize that the EngIneer has no control over cost or <br />pnce of labor and materials; unknown or latent conditions of existing equipment or structures <br />that may affect operation or maintenance costs; competitive bIddIng procedures and market <br />conditions; time or qualIty of performance by third partIes; quality, type, management, or <br />direction of operating personnel; and other economic and operational factors that may materially <br />affect the ultimate project cost and schedule. Therefore, the Engineer makes no warranty that the <br />City's actual project costs, economic feasibIlity, or schedules WIll not vary from its opinions, <br />Wet Weather Improvements Project - CH2M Hill <br /> <br />16 <br />