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following: a. Cost of construction including all labor, materials and equipment required; induding but not limited to, an estimated statement of proposed hourly rates and labor costs by job classification; general conditions, bonds and insurance, etc.; b. Allowance for construction cost contingencies ; c. Regulatory permit fees: d. Allowance for other necessary services, such as materials testing, to be provided by others for the City; e. Traffic Control; f. Sheet and shoring, when applicable; g. By-pass plumbing, when applicable; h. Pressure Testing, when applicable; i. Video Taping Inspections, when applicable ; and j . Mobilization and De-mobilizations; (the "Estimated Construction Cost") 5.2 Excluded in Estimated Construction Cost The Estimated Construction Cost shall exclude Consultant's Fee. 5.3 City's Reliance; Adjustment to Estimated Construction Cost Consultant hereby represents to the City that Consultant is aware that City is relying on the Estimated Construction Costs prepared by the Consultant under various work authorizations issued under this Agreement. Consultant further represents that it has the necessary resources and expertise, including a cost analyst, to provide a greater degree of assurance that the bids received for the project will not exceed the Estimated Construction Costs determined by Consultant in the performance of its Professional Services under this Agreement by a factor of more than ten percent (10%) at the time that the construction procurement solicitation Is advertised for the project. In the event that the bidding phase has not commenced within four (4) months after Consultant submits the Construction Drawings, Technical Specifications, Supplemental Conditions and Estimated Construction Cost of the project to the City, the Estimated Construction Cost of the project may, at the City's request, be adjusted by Consultant, as an additional service , to reflect any documented change in the general level of prices in the construction industry between the date of submission of the Estimated Construction Costs to the City and the date on which the construction procurement solicitation is ultimately advertised. 5.4 Inaccurate Estimated Construction Cost In the event that the lowest "best value" bid , as such term is used in the City of West Palm Beach Procurement Code, excluding any alternate bid items ("base bid"), exceeds the Estimated Construction Cost for a project by more than ten percent (10%), the Consultant shall explain , in writing, the reasons why the bids or proposals exceeded the ten percent (10%) factor following the analysis of all base bids. In such a circumstance, the City may at its sole discretion, exercise any one or more of the following options: (1) Consultant shall be required to amend at the sole cost and expense of Consultant the Construction Drawings, Technical Specifications and Supplemental Conditions to enable the project to conform to a maximum of ten (10%) above the Estimated Construction Costs of the project, such amendments to be subject to the written final acceptance and approval of same by the City; (2) Consultant shall be required to provide at the sole cost and expense of Consultant re-bidding services and related items (including costs associated with regulatory review and approval of revised documents) as many times as requested by the City until the base bid of at least one "best value· bid falls within the factor of ten (10%) of the Estimated Construction Cost of the project; (3) The City may grant approval of an increase in the Estimated Construction Cost of project; (4) The City may reject all bids or proposals and may authorize re-bidding; (5) The City may, if permitted, authorize a renegotiation of the project within a reasonable time; (6) The City may abandon the project and terminate Consultant's work authorization and Services for the project; or (7) The City may select as many deductive alternatives as may be necessary to bring the award within ten percent (10%) of the Estimated Construction Costs of the project. Notwithstanding the foregoing and anything to the contrary contained in this Agreement, it is expressly understood and agreed that the redesigning services required to keep a project within 10% of Form -PSA CCNA Master 091914 Erdman Anthony -14919 101114 1 1