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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 the Project designed or specified by the Consultant. 3.1.2 The construction cost will include at current market rates, including a reasonable allowance for overhead and profit, the cost of any equipment that has been designed, specified, selected or specially provided for by the Consultant, except that used materials and equipment will be included as if purchased new for the Project. 3.1.3 Construction cost does not include the compensation of the Consultant and the Consultant's subconsultants, or other costs which are the responsibility of the City as provided in Article 2. 3.2 RESPONSIBILITYY FOR CONSTRUCTION COST 3.2.1 Evaluations of the City's Project budget and detailed cost estimates, if any, prepared by the Consultant, will represent the Consultant's best judgment as a design professional familiar with the construction industry. 3.2.2 A fixed limit of construction cost for this Project will be established by the City's representative after consulting with the Consultant. The Consultant will be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, and types of construction are to be included in the construction contract documents, to make reasonable adjustments in the scope of the Project and to include in the construction contract documents alternate bids to adjust the construction cost to the fixed limit. The fixed limit of construction cost may be increased by the City. 3.2.3 If the lowest bona fide bid exceeds the Consultant's most recent approved cost estimate established as a condition of this Agreement, the City will (1) give written approval of an increase in such fixed limit, (2) authorize re- bidding of the Project within a reasonable time, or (3) cooperate in revising the Project scope and quality to reduce the construction cost. During the development of the Project through the phases described by Article 1 of this Agreement and prior to the City's final approval of construction contract documents, the Consultant will monitor the established probable construction cost in relation to the established fixed limit. If necessary, the Consultant will implement construction cost savings measures or otherwise endeavor to limit probable construction cost to the level of available funds set by the city. ARTICLE 4 REIMBURSABLE EXPENSES 4.1 Reimbursable expenses, including such things as expenses for plotting, reproduction of documents except bid documents, auto travel mileage, delivery charges, long distance communications, freight, and state accessibility review are included in the Consultant's basic Luck Design — Gary sports Complex Improvements — Phase I Project Agreement 15