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<br />3.2.3 If the lowest bona fide proposal, after all attempts to negotiate a contract for a lower cost <br />have failed, and the proposal exceeds the Architect'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) authorize the re-issuance of a RFP for the Project within a <br />reasonable time, or (3) cooperate in revising the Project scope and quality to reduce the <br />construction cost. During the development of the Project through the phases described by <br />Article 1 of this Agreement and prior to the City's final approval of construction contract <br />documents, the Architect will monitor the established probable construction cost in relation to <br />the established fixed limit If necessary, the Architect will implement construction cost savings <br />measures or otherwise endeavor to limit probable construction cost to the level of available funds <br />set by the City. Changes requiring significant modification by the Consultant (more than 8 man <br />hours) to previously approved technical documents in order to implement cost savings shall be <br />an additional cost to the City to be compensated as provided in Section 1.8. <br /> <br />ARTICLE 4 <br />REIMBURSABLE EXPENSES. <br /> <br />I <br /> <br />4.1 Reimbursable expenses, including such things as expenses for plotting, reproduction of <br />documents, auto travel mileage, delivery charges, long distance communications, freight, and <br />state accessibility review are not included in the Architect's basic services compensation but are <br />included as part of the total not to exceed fee. Reimbursable expenses are to be charged to the I <br />City by the Architect at cost + 10%. Reimbursable expenses will not exceed 30,000.00 without <br />the City's prior written approval. <br /> <br />ARTICLE 5 <br />PA YMENTS TO THE ARCHITECT <br /> <br />5.1 PA YMENTS ON ACCOUNT OF BASIC SERVICES <br /> <br />Payments for Basic Services will be made to Architect monthly following receipt by City of <br />Architect's invoices and appropriate payment requisitions. The amounts of these invoices will <br />be based upon reimbursable costs and the extent of work completed by the Architect on an <br />hourly basis within each phase of services, in accordance with Article 15 of this Agreement, less <br />any disputed amounts, pending resolution thereof. Invoices submitted in accordance with City <br />policy and guidelines, that become more than 45 days delinquent, may result in stoppage of work <br />at the Consultant's discretion. <br /> <br />5.2 PA YMENTS ON ACCOUNT OF ADDITIONAL SERVICES <br /> <br />Payments on account of the Architect's Additional Services as defined in Section 1.8 will be <br />made monthly upon presentation of the Architect's statement of services rendered or expenses <br />incurred, less any disputed amounts, pending resolution thereof and an Authorization of Change <br /> <br />\Ni',iwdnn r:i!!oti ...'! ~ <br /> <br />10 <br /> <br />I <br />