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<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 of the Project and to include in the construction contract documents <br />alternate bids to adjust the construction cost to the fixed limit. The fixed limit of construction cost <br />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 increase <br />in such fixed limit, (2) authorize rebidding of the Project within a reasonable time, or (3) cooperate <br />in revising the Project scope and quality to reduce the construction cost. During the development <br />of the Project through the phases described by Article 1 ofthis Agreement and prior to the City's <br />final approval of construction contract documents, the Engineer will monitor the established <br />probable construction cost in relation to the established fixed limit. <br /> <br />Ifnecessary, the Engineer will implement construction cost savings measures or otherwise <br />endeavor to limit probable construction cost to the level of available funds set by the City. <br /> <br />ARTICLE 4 <br />REIMBURSABLE EXPENSES. <br /> <br />4.1 Reimbursable expenses, including such things as expenses for plotting, reproduction of <br />documents except bid documents, auto travel mileage, delivery charges, long distance <br />communications, freight, and state accessibility review are included in the Engineer's basic services <br />compensation. <br /> <br />ARTICLE 5 <br />PAYMENTS TO THE ENGINEER <br /> <br />5.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES <br /> <br />5.1.1 Payments for Basic Services will be made to Engineer monthly following receipt by City of <br />Engineer's invoices and appropriate payment requisitions. The amounts of these invoices will be <br />based upon the extent of work completed by the Engineer on a percentage basis within each phase <br />of services, in accordance with Article 14 of this Agreement, less any disputed amounts, pending <br />resolution thereof. <br /> <br />5.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES <br /> <br />5.2.1 Payments on account of the Engineer's Additional Services as defined in Section 1.4 will be <br />made monthly upon presentation of the Engineer's statement of services rendered or expenses <br />incurred, less any disputed amounts, pending resolution thereof and an Authorization of Change in <br /> <br />Loop 82-Sessom Drive.wpd <br /> <br />10 <br />