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3.6 The City's review of any documents prepared by the Consultant or its subconsultants <br />shall be solely for the purpose of determining whether such documents are generally <br />consistent with the City's construction program and intent. No review of such <br />documents shall relieve the Consultant of its responsibility for the accuracy, adequacy, <br />fitness, suitability and coordination of its work product. <br />SECTION 4 CONSTRUCTION COSTS <br />4.1 If the cost of construction exceeds the cost agreed upon by the City by more than 5% <br />of the lowest bona fide bid or negotiated proposal, the City may (1) give written <br />approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of <br />the Project, (3) terminate the Project and this Agreement in accordance herewith, or (4) <br />cooperate in revising the Project scope or quality, or both, as required to reduce the <br />construction cost. In the case of (4), the Consultant, without additional charge to the <br />City, shall consult with the City and shall revise and modify the drawings and <br />specifications as necessary to achieve compliance with the cost agreed upon by the <br />City. Absent negligence on the part of the Consultant in making its estimates of probable <br />construction cost, providing such modifications and revisions shall be the limit of the <br />Consultant's responsibility arising from the establishment of such construction costs, <br />and having done so, the Consultant shall be entitled to compensation for all other <br />services performed, in accordance with this Agreement. <br />SECTION 5 BASIS OF COMPENSATION <br />5.1 The City shall compensate the Consultant for an amount not to exceed $34,700.00, based <br />on services rendered pursuant to Sections 2.3 through 2.5 and EXHIBIT 111," Scope of <br />Services, of this Agreement by allocating the estimated percentage of work for each of the <br />phases set forth in Section 5.2. Billings for each phase shall not exceed the amount <br />allocated to each phase. <br />5.2 Payment to the Consultant of the sum set forth in Section 5.1 shall be allocated based on <br />the following tasks: <br />Architecture .............................. <br />$5,000.00 <br />Structure........................................................................................................ $2,500.00 <br />Engineering Services............................................................................................... <br />Design............................................................................................. $18,500.00 <br />Permitting.........................................................................................$ 1,100.00 <br />Bidding............................................................................................. $ 1,100.00 <br />Construction Administration............................................................ $ 6,500.00 <br />5.3 Additional services of the Consultant as described in Section 2.6, if any, shall be <br />compensated as follows: <br />380 <br />