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the project budget include all costs for design, engineering, construction, inspection, technical consultant, surveys, testing, construction management, project contingencies, and such administrative costs of the City as shall be deemed appropriate. The City shall establish a construction budget based upon the construction cost estimate provided by the Consultant and will communicate the construction budget to Consultant in writing. The construction budget will be refined during the schematic design, design development and construction documents phases of Consultant's services based on the cost estimates provided by Consultant. a. Construction Cost, as used in this Agreement, means the total cost to the City of all work performed by the City's contractor, including alternates, but excluding any payments to Consultant, any costs of inspections, surveys, tests, or fees. b. The Construction Cost shall be assumed as shown in the budget prepared by the City and reviewed by the Consultant. Following the submittal of an acceptable estimate of construction costs to the City by Consultant prior to the schematic design phase and modified and approved at completion of design development, that approved estimate shall be deemed to be the Approved Construction Cost unless the City approves a revised estimate during the construction documents Phase. 10. Consultant's Responsibility for Re-design. If the lowest responsive bid the City receives from a responsible bidder is higher than the Consultant's most recent estimate of the Construction Cost, as approved by the City, Consultant shall, at City's option and at no additional cost to the City, revise the plans and specifications in such ways as the City may approve so as to bring the cost of constructing the Project within the City's approved Construction Cost. As an alternative, in whole or in part, to having the Consultant redesign the plans and specifications, the City may, at its sole discretion, agree to increase the Project Budget. 11. Ownership of Work. All reports, work data,plans, drawings, specifications, designs, photographs, images, works of authorship and all other documents completed or partially completed by Consultant in the performance of this Agreement("materials") shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City, and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. Consultant shall keep materials confidential and shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent. 12. Changes. City may request changes in the scope of services to be provided by Consultant. Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement. Page 3 of 8