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<br /> z.ZD <br /> 3.1.3 Construction cost does not include the compensation of the PROGRAM MANAGER <br /> and the Design Engineer, or other costs which are the responsibility of the CITY as <br /> provided in Article 2. <br /> 3.2 RESPONSIBILITY FOR CONSTRUCTION COST <br /> 3.2.1 Evaluations of the CITY's budget and detailed cost estimates prepared by the <br /> PROGRAM MANAGER will represent the PROGRAM MANAGER's best judgment as a <br /> - design professional familiar with the construction industry. PROGRAM MANAGER does <br /> I <br /> not guarantee that proposals, bids, or actual Project costs will not vary from PROGRAM <br /> MANAGER's cost estimates. <br /> 3.2.2 A fixed limit of construction cost for each Construction Project will be established by <br /> the CITY's representative after consulting with the PROGRAM MANAGER. The <br /> PROGRAM MANAGER will be permitted to include contingencies for design, bidding and <br /> price escalation, to determine what materials, equipment, component systems and types <br /> of construction are to be included in the construction contract documents, to make <br /> reasonable adjustments in the scope of the Construction Project and to include in the <br /> construction contract documents alternate bids to adjust the construction cost to the fixed <br /> limit. The fixed limit of construction cost may be increased by the CITY. <br /> 3.2.3 If the lowest bona fide bid for a Construction Project exce~ds the PRÓGRAM <br /> MANAGER's most recent approved cost estimate, the City will (1) give written approval of <br /> an increase in such fixed limit, (2) authorize rebidding of the Construction Project within a <br /> reasonable time, (3) cooperate in revising the Construction Project scope and quality to <br /> reduce the construction cost, or (4) decline to proceed with the Construction Project. <br /> ARTICLE 4 <br /> PAYMENTS TO THE PROGRAM MANAGER <br /> 4.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES <br /> 4.1.1 Payments for Basic Services will be made to PROGRAM MANAGER monthly <br /> following receipt by CITY of PROGRAM MANAGER's invoices in amounts based on the <br /> Schedule of Compensation attached as Attachment C to this Agreement. <br /> 4.1.2 PROGRAM MANAGER's payroll costs are defined as the cost of salaries for time <br /> directly chargeable to the Project plus social security contributions, unemployment, excise <br /> and payroll taxes, employment compensation insurance, retirement benefits, m'edical and <br /> insurance benefits, sick leave, vacation, and holiday pay applicable thereto. Currently, <br /> payroll equals salary times 1.35. <br /> 4.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES <br /> 5 <br />