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5.3 General e e 5.3.1 The construction cost of the entire Project (herein referred to as "construction cost") means the total cost of the entire Project to OWNER, but it will not include ENGINEER'S compensation and expenses, the cost ofland, rights-of-way, or compensation for or damages to properties unless this Agreement so specifies, nor will it include OWNER'S legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project. When construction cost is used as a basis for payment, it will be based on one of the following sources with precedence in the order listed: 5.3.1.1 5.3.1.2 5.3.1.3 For completed construction, the total cost of all work performed (excluding work by OWNER) as designed or specified by ENGINEER. For work not constructed, the lowest bona fide bid received from a qualified bidder for such work; or if the work is not bid, the lowest bona fide negotiated proposal for such work. For work for which no such bid or proposal is received, ENGINEER'S most recent opinion of probable project cost. Labor furnished by OWNER for the Project will be included in the construction cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by OWNER will be included at current market prices except used materials and equipment will be included as if purchased new for the Project. No deduction is to be made from ENGINEER'S compensation on account of any penalty, liquidated damages, or other amounts withheld from payments to Contractor(s). 5.3.2 The "salary costs" used as a basis for payment mean the salaries and wages paid to all personnel engaged directly on the Project, including, but not limited to, engineers, architects, survey men, designers, draftsmen, specification writers, estimators, other technical personnel, stenographers, typists and clerks; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. For the purposes of this agreement the amount of customary and statutory benefits of all other personnel will be considered equal to thirty five percent of salaries and wages. 5.3.3 Reimbursable expenses mean the actual expenses incurred directly or indirectly in 13