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<br />CONTRACTOR for performing the Work. All duties, re-
<br />sponsibilities and obligations assigned to or undertaken by
<br />CONTRACTOR shall be at his expense without change in the
<br />Contract Price.
<br />11.2. The Contract Price may only be changed by a
<br />Change Order. Any claim for an increase in the Contract
<br />Price shall be based on written notice delivered to OWNER
<br />and ENGINEER within fifteen days of the occurrence of the
<br />event giving rise to the claim. Notice of the amount of the
<br />claim with supporting data shall be delivered within forty-five
<br />days of such occurrence unless ENGINEER allows an addi-
<br />tional period of time to ascertain accurate cost data. All
<br />claims for adjustment in the Contract Price shall be deter-
<br />mined by ENGINEER if OWNER and CONTRACTOR can
<br />not otherwise agree on the amount involved. Any change in
<br />the Contract Price resulting from any such claim ,hall be in
<br />corporated in a Change Order
<br />11.3. The value of any Work covered by a Change Order
<br />or of any claim for an increase or decrease in the Contract
<br />Price shall be determined in one of the following ways.
<br />11.3.1. Where the Work involved is covered by unit
<br />prices contained in the Contract Documents, by applica-
<br />tion of unit prices to the quantities of the items involved
<br />(subject to the provisions of paragraph 11.9).
<br />11.3.2. By mutual acceptance of a lump sum.
<br />11.3.3. On the basis of the Cost of the Work (deter-
<br />nuned as provided in paragraphs 11.4 and 11.5) plus a
<br />Contractor's Fee for overhead and profit (determined as
<br />provided in paragraph t 1 61.
<br />Cost of the Work
<br />11.4. The term Cost of the Work means the sum of all
<br />costs necessaniv incurred and paid by CONTRACTOR in the
<br />proper performance of the Work. Except as otherwise ma} he
<br />Af- •ed to m writing by OWNER, such costs hall be in
<br />amounts no higher than those prevailing in the locality of the
<br />Project. shall include only the following Beer,% and shall not
<br />include any of the costs nemi:rd in paragraph 1 1 .5
<br />11.4.1. Payroll costs for employees in the direct
<br />employ of CONTRACTOR in the performance of the
<br />Work under schedules of job classifications agreed upon
<br />by OWNER and CONTRACTOR. Payroll costs foi em-
<br />ployees not employed full time on the %k ork shall be apptm
<br />coned on the basis of their erne spent on the Work.
<br />Payroll costa shall include, but not he limited to, salaries
<br />and wages plus the cost of fringe benefits which shall
<br />include social sect.riiv contributions, unemployment.
<br />excise and payroll taxes, workers' or workmen's compen-
<br />sation, health and retirement benefits, bonuses, sick leave.
<br />vacation and holidav pav applicable ihereto. Such empl^v
<br />ces shall include superintendents and foremen at the sue
<br />The expenses of performing Work after regular working
<br />hour, on Sundas or Ic.al holidays, shall he in.luded ;it ;he
<br />ih4)%e to the estcni authonted hs t M NUR
<br />11.4.2. Cost of all materials and equipment furnished
<br />and incorporated in the Work, including costs of transpor-
<br />tation and storage thereof, and manufacturers' field
<br />services required in connection therewith. All cash di -
<br />counts shall accrue to CONTRACTOR unless OWNER
<br />deposits funds with CONTRACTOR with which to make
<br />payments, in which case the cash discounts shall accrue to
<br />OWNER. All trade discounts, rebates and refunds, and all
<br />returns from sale of surplus materials and equipment shall
<br />accrue to OWNER and CONTRACTOR shall make provi-
<br />sions so that they may be obtained.
<br />11.4.3. Payments made by CONTRACTOR to the
<br />Subcontractors for Work performed by Subcontractors. If
<br />required by OWNER. CONTRACTOR shall obtain com-
<br />petitive bids from Subcontractors acceptable to CON-
<br />TRACTOR and shall deliver such bids to OWNER who
<br />will then determine, with the advice of ENGINEER, which
<br />bids will be accepted. If a subcontract provides that the
<br />Subcontractor is to be paid on the basis of Cost of the
<br />Work Plus a Fee, the Subcontractor's Cost of the Work
<br />shall be determined in the same manner as CONT.AC-
<br />TOR's Cost of the Work. All subcontracts shall be subject
<br />to the other provisions of the Contract Documents insofar
<br />as applicable.
<br />11 .4 4. Costs of special consultants (including, but no,
<br />limited to, engineers, architects, testing laboratories, sur-
<br />vevors, lawvers and K..ountantsi employed for services
<br />apes fically related to the Work.
<br />11.4 5 Supplemental .oats including the following:
<br />11.4.5.1. The proportion of necessary trans-
<br />portation, trawl and subsistence expenses of CON-
<br />TRACTOW, employees incurred in discharge of duties
<br />:onnected with the Work
<br />11.4.5.2. Cost, including transportation and
<br />maintenance, of all mate- 's, supplies, equipment,
<br />machinery, appliances, off.., and temporary facilities
<br />:it the site and hand tools not owned by the workmen,
<br />which are consumed in the performance of the Work,
<br />and volt less market value of such items used but not
<br />:onsumed which remain the property of CON-
<br />TRACTOR.
<br />11 4.5.3. Rentals of ad :nnstruction equipment and
<br />machinery and the parts thereof whether rented from
<br />CONTRACTOR or others in accordance with rental
<br />agreements approved by OWNER with the advice of
<br />ENGINEER, and the cos, of transportation. loading.
<br />unloading, installation, dismantling and removal
<br />thereof —all in accordance with terms of said rental
<br />agreements. The rental of any such equipment.
<br />machinery or parts shall cease when the use thereof i,
<br />no longer necessary for the Work
<br />11.4.5.4. Sales, use or similar taxes related -o the
<br />Work, and for which CONTRACTOR is liable,
<br />imposed by any ,overnmentai authority
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