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<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, <br />specified, selected or specially provided for by the Consultant, except that used materials <br />and equipment will be included as if purchased new for the Project. <br /> <br />3.1.3 Construction cost does not include the compensation of the Consultant and the <br />Consultant's consultants, or other costs which are the responsibility of the City as provided <br />in Article 2. <br /> <br />3.2 RESPONSIBILITY FOR CONSTRUCTION COST <br /> <br />3.2.1 Evaluations ofthe City's Project budget and detailed cost estimates, if any, prepared <br />by the Consultant, will represent the Consultant's best judgment as a design professional <br />familiar with 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 Consultant. The Consultant will be permitted to <br />include contingencies for design, bidding and price escalation, to determine what materials, <br />equipment, and types of construction are to be included in the construction contract <br />documents, to make reasonable adjustments in the scope of the Project and to include in <br />the construction contract documents alternate bids to adjust the construction cost to the <br />fixed limit. The fixed limit of construction cost may be increased by the City. <br /> <br />3.2.3 If the lowest bona fide bid exceeds the Consultant's most recent approved cost <br />estimate established as a condition of this Agreement, the City will (1) give written approval <br />of an increase in such fixed limit, (2) authorize rebidding of the Project within a reasonable <br />time, or (3) cooperate in revising the Project scope and quality to reduce the construction <br />cost. During the development of the Project through the phases described by Article 1 of <br />this Agreement and prior to the City's final approval of construction contract documents, <br />the Consultant will monitor the established probable construction cost in relation to the <br />established fixed limit. <br /> <br />If necessary, the Consultant will implement construction cost savings measures or <br />otherwise endeavor to limit probable construction cost to the level of available funds set <br />by the City. <br /> <br />ARTICLE 4 <br />PAYMENTS TO THE CONSULTANT <br /> <br />4.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES <br /> <br />4.1.1 Payments for Basic Services will be made to Consultant monthly following receipt <br />by City of Consultant's invoices. The amounts of these invoices will be based upon the <br />extent of work completed by the Consultant on a percentage basis within each phase of <br /> <br />10 <br />