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<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 <br /> elements of 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, <br /> specified, selected or specially provided for by the Engineer, except that used materials <br /> and equipment will 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 <br /> Engineer's consultants, or other costs which are the responsibility of the City as provided <br /> in Article 2. <br /> 3.2 RESPONSIBILITY FOR CONSTRUCTION COST <br /> 3.2.1 Evaluations ofthe City's Project budget and detailed cost estimates, if any, prepared <br /> by the Engineer, will represent the Engineer's judgment to that degree of care and skill <br /> ordinarily exercised by a design professional familiar with 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, <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 /> 3.2.3 If the lowest bona fide bid exceeds the Engineer's most recent approved opinion of <br /> probable construction cost established as a condition of this Agreement, the City will (1) <br /> give written approval of an increase in such fixed limit, (2) authorize rebidding of the Project <br /> within a reasonable time, or (3) cooperate in revising the Project scope and quality to <br /> reduce the construction cost. During the development of the Project through the phases <br /> described in Attachment A to this Agreement and prior to the City's final approval of <br /> construction contract documents, the Engineer will monitor the established opinion of <br /> probable construction cost in relation to the established fixed limit. <br /> If necessary, the Engineer 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 /> 3 <br /> - <br />