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3.1.1 The construction cost will be the total cost or estimated cost to the City of all elements of <br />the Project designed or specified by the Engineer. <br />3.1.2 The construction cost will include at current market rates, including a reasonable allowance <br />for overhead and profit, the cost of any equipment that has been designed, specified, selected or <br />specially provided for by the Engineer, except that used materials and equipment will be included <br />as if purchased new for the Project. <br />3.1.3 Construction cost does not include the compensation of the Engineer and the Engineer's <br />subconsultants, or other costs which are the responsibility of the City as provided in Article 2. <br />3.2 RESPONSIBILITY FOR CONSTRUCTION COST <br />3.2.1 Evaluations of the City's Project budget and detailed cost estimates, if any, prepared by the <br />Engineer, will represent the Engineer'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 established by the City's <br />representative after consulting with the Engineer. The Engineer will be permitted to include <br />contingencies for design, bidding and price escalation, to determine what materials, equipment, <br />and types of construction are to be included in the construction contract documents, to make <br />reasonable adjustments in the scope of the Project and to include in the construction contract <br />documents alternate bids to adjust the construction cost to the fixed limit. The fixed limit of <br />construction cost may be increased by the City. <br />3.2.3 If the lowest bona fide bid exceeds the Engineer's most recent approved cost estimate <br />established as a condition of this Agreement, the City will (1) give written approval of an increase <br />in such fixed limit, (2) authorize re- bidding of the Project within a reasonable time, or (3) cooperate <br />in revising the Project scope and quality to reduce the construction cost. During the development <br />of the Project through the phases described by Article 1 of this Agreement and prior to the City's <br />final approval of construction contract documents, the Engineer will monitor the established <br />probable construction cost in relation to the established fixed limit. If necessary, the Engineer will <br />implement construction cost savings measures or otherwise endeavor to limit probable <br />construction cost to the level of available funds set by the City. <br />ARTICLE 4 <br />REIMBURSABLE EXPENSES <br />4.1 Reimbursable expenses, including such things as expenses for plotting, reproduction of <br />documents, auto travel mileage, delivery charges, long distance communications, freight, and state <br />accessibility review are included in the Engineer's basic services compensation. <br />REP Agreement for Cross -Town Pathway Project 9/1/2015 <br />11 <br />