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<br /> 3.1.3 Construction cost does not include the compensation of the <br /> CONSULTANT and the CONSULTANT's subcontractors, the cost of the <br /> land, rights-of-way, or other costs which are the responsibility of the <br /> OWNER as provided in Article 2. <br /> 3.2 RESPORSIBILIft FOR COIISmUC"rIOR COST <br /> 3.2.1 Evaluations of the CITY's Project budget and detailed cost <br /> estimates, if any, prepared by the CONSULTANT, shall represent the <br /> CONSULTANT's best judgment as a design professional familiar with the <br /> construction industry. <br /> 3.2.2 A fixed limit of construction cost for this Project will be <br /> established by the City's representative after consulting with the <br /> CONSULTANT within ten (10) days from the date of execution of this <br /> agreement. The CONSULTANT shall be permitted to include contingencies <br /> for design, bidding and price escalation, to determine what materials, <br /> equipment, component systems and types of construction are to be <br /> included in the construction contract documents, to make reasonable <br /> adjustments in the scope of the Project and to include in the <br /> construction contract documents alternate bids to adjust the <br /> construction cost to the fixed limit. The fixed limit of construction <br /> cost may be increased by CITY. <br /> 3.2.3 If the lowest bona fide bid exceeds the CITY's most recent <br /> approved cost estimate established as a condition of this Agreement, <br /> the OWNER shall (1) give written approval of an increase in such fixed <br /> limit, (2) authorize rebidding or renegotiating of the Project within a <br /> reasonable time, or ( 3) cooperate in revising the Project scope and <br /> quality to reduce the construction cost. During the development of the <br /> Project through the phases described in Article 1 of this Agreement and <br /> prior to final approval of construction contract documents, by the <br /> CITY, the CONSULTANT shall monitor the estimated probable construction <br /> cost in relation to the established fixed limit. <br /> If necessary, the CONSULTANT shall implement construction cost <br /> savings measures or otherwise endeavor to 1 imi t probable construction <br /> cost to the level of available funds set by the CITY. <br /> -13- <br />