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r- 61 CONTRACTOR for performing the Work. All dut!es, re- sponsibilities and obligations assigned to at undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data snall be delivered within forty-five days of such occurrence unless ENGINEER allows an addi- tional period of time to ascertain accurate cost data. All claims for adjustment in the Contract Price shall be deter- mined by ENGINEER if OWNER and CONTRACTOR can. not otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be in- cornorated in a Change Order 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease it the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of unit prices to the quantities of the terns ;molted isub)ect to the provisions of paragraph 1 1.9t. 11.3.2. By mutual acceptance of a lump sum. 11.3.3. On the basis of the Cost of the Work ideter- mined as provided in paragrar'is 11.4 and 11.3) plus a Contractor's Fee for overhead and profit ldeternt►ned as provided in paragraph 11.6). Cost of the Work: 11 4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11 ! II 4 1 Payroll costs for employees in he direct emplov of CONTRACTOR in the performs of the W'urk under schedules of lob classifications agtecd upon by OWNER and CONTRACTOR Payroll cost! for em- ployees not employed full time on the Work shall be appor- tioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to. salaries and wages plus the cost of fringe benefits which shall include social securtiv contributions, unemployment. excise and payroll taxes, workers' or norkmen s compen- sation. health and retirement benefits, bonuses, sick leave, vacation and holidav pay applicable thereto Such employ. ees shall nclude superintendents and foremen at the site The expenses of performing Work &(ter regular working hours. on Sunda% _)r legai holidav%. shall be tncluded in -he iNsve to the e%!ent authonred by o*%ER 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transpor- !ation ano storage thereof. and manufacturers' field services required in connection therewith. %11 cash dis- counts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provi- sions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain com- petitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work ;hall be determined in the same manner as CONTAC- TOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents - .sofar as applicable. 11.4.4. Costs of special consultants (including, but no, limited to, engineers, archl!ects, testing laboratones, sur- veyors, lawyers and accountants) employed for services specifically related to the Work. 1 1.4-5. Supplemental costs including the following: 11.4.5 I The proportion of necessary tram- portatson, gavel and subsistence expenses of CON- TRACTOR's emplo- ees incurred in diwharge of dutie. connected with the Work. 11 4.!.2 Cost. including transportation and maintenance, of all materials, supplies, equipment. machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work. and cost less market value of suc" t,:rri, used but not consumed which remain the zropeny of CON- TRACTOR. I 1 4.5.3. Rentals of all construe*icn equipment and machinery and the parts thereof whether rented frum CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER. and the costs of transportation, loading. unloading. installation, dismantling and removal thereof —ail :n accordance with terms of said rental agreements The rental of ans such equipment. macninery or pats shalt cease when the use thereof is no Ioniser necessary for the Ws:)rk 4 ' 4 Sales. use of similar taxes -elated to the Aork, and for which CONTRACTOR is liabk. mposed t%v anv governmental authority n r i4