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<br />tit <br /> <br />e <br /> <br />SECTION IV - MEANING OF TERMS <br /> <br />4.1. As used herein the term "this Agreement" refers to the <br />Letter Agreement to which these General Provisions are attached <br />and to these General Provisions and Exhibit A "Further <br />Description of Basic Engineering Services and Related Matters", <br />as if they were part of one and the same document. <br /> <br />4.2. The construction cost of the entire Project (herein <br />referred to as "Construction Cost") means the total cost of th:e <br />entire Project to OWNER, but it will not include ENGINEER's <br />compensation and expenses, the cost of land, rights-of-way, or <br />compensation for or damages to, properties unless this Agreement <br />so specifies, nor will it include OWNER's legal, accounting, <br />insurance counseling or auditing services, or interest and <br />financing charges incurred in connection with the project. When <br />Construction Cost is used as a basis for payment it will be based <br />on one of the following sources with precedence in the order <br />listed for work designed or specified by ENGINEER. <br /> <br />4.2.1. For completed construction work the total cost of all <br />work performed as designed or specified by ENGINEER. <br /> <br />4~2.2. For work designed or specified but not constructed, the <br />lowest bona fide bid received from a qualified bidder for such <br />work; or, if the work is not bid, the lowest bona fide negotiated <br />proposal for such work. <br /> <br />4.2.3. For work designed or specified but not constructed upon <br />which no such bid or proposal is received, the most recent <br />estimate of Construction Cost, or, if none is available, <br />ENGINEER's most recent opinion of probable Construction Cost. <br /> <br />Labor furnished by OWNER for the Project will be included in the <br />Construction Cost at current market rates including a reasonable <br />allowance for overhead and profit. Materials and equipment <br />furnished by OWNER will be included at current market prices. No <br />deduction is to be made from ENGINEER's compensation on account <br />of any penalty, liquidated damages, or other amounts withheld <br />from payments to Contractor(s). <br /> <br />4.3. The per diem rates used as a basis for payment mean the <br />salaries and wages paid to all personnel engaged directly on the <br />Project, including, but not limited to, engineers, architects, <br />surveyors, designers, draftsmen, specification writers, <br />estimators, other technical personnel, stenographer, typists and <br />clerks; including the cost of customary and statutory benefits <br />including, but not limited to, social security contributions, <br />unemployment, excise and payroll taxes, workmen's compensations, <br />health and retirement benefits, sick leave, vacation and holiday <br />pay applicable thereto. <br /> <br />Page 15 of 19 <br />