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<br />decision by the City. <br /> <br />2.3 Provide access to and make all necessary provisions for the Engineer to enter public and <br />private property as required for the Engineer to perform its services under this Agreement. <br /> <br />2.4 Be responsible for the cost of printing and binding of the bid documents. <br /> <br />2.5 Bear all costs incident to this Article. <br /> <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 the <br />Project designed or specified by the Engineer. <br /> <br />3.1.2 The construction cost will include at current market rates, including a reasonable allowance <br />for overhead and profit, the cost of any equipment which has been designed, specified, selected or <br />specially provided for by the Engineer, except that used materials and equipment will be included as <br />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 the <br />Engineer, will represent the Engineer's best judgment as a design professional familiar with the <br />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, and <br />types of construction are to be included in the construction contract documents, to make reasonable <br />adjustments in the scope ofthe Project and to include in the construction contract documents alternate <br />bids to adjust the construction cost to the fixed limit. The fixed limit of construction cost may be <br />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 increase <br />in such fixed limit, (2) authorize rebidding ofthe Project within a reasonable time, or (3) cooperate <br />in revising the Project scope and quality to reduce the construction cost. During the development of <br /> <br />9 <br />