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render responses to the Engineer on issues requiring a decision by the City <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 />2.4 Supply the Engineer with record drawings of Thorpe Lane from its intersection with RM <br />12 to the intersection with LP 82 (Aquarena Springs Drive) and any site development plans <br />under review by the City for the adjacent properties. <br />2.5 Bear all costs incidental to this Article. <br />ARTICLE 3 <br />CONSTRUCTION COST <br />3.1 DEFINITION <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 />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 />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 />3.2 RESPONSIBILITY FOR CONSTRUCTION COST <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 />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. Because the Engineer does not control the cost of <br />labor, materials, equipment or services furnished by others, methods of determining prices, or <br />competitive bidding or market conditions, any opinions rendered as to costs, including but not <br />limited to opinions as to the costs of construction and materials, shall be made on the basis of its <br />experience and represent its judgment as an experience and qualified professional, familiar with <br />Kimley Horn — Thorpe Lane Project <br />12 <br />