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<br />2.10 <br /> <br />The <br /> <br />Owner <br /> <br />shall <br /> <br />pay <br /> <br />all <br /> <br />fees <br /> <br />for <br /> <br />filing <br /> <br />and processing <br /> <br />permits in connection with the project(s). <br /> <br />2.11 <br /> <br />The Owner shall bear all costs incident to this Article. <br /> <br />2.12 <br /> <br />Owner <br /> <br />shall <br /> <br />provide <br /> <br />its <br /> <br />standard <br /> <br />construction <br /> <br />contract <br /> <br />documents which do not include plans or technical specifications, to <br /> <br />the Engineer prior to commencement of the design phase, Section 1.2. <br /> <br />2.13 <br /> <br />Owner shall provide the Engineer with the accounting basis <br /> <br />for billing acceptable to the Owner. <br /> <br />ARTICLE 3 <br /> <br />CONSTRUCTION COST <br /> <br />3.1 <br /> <br />DEFINITION <br /> <br />3.1.1 <br /> <br />The Construction Cost shall be the total cost or estimated <br /> <br />cost <br /> <br />to <br /> <br />the <br /> <br />Owner of all <br /> <br />elements <br /> <br />of <br /> <br />the project (s) <br /> <br />designed <br /> <br />or <br /> <br />specified by the Engineer. <br /> <br />3.1.2 <br /> <br />The Construction Cost shall include at current market rates, <br /> <br />including a reasonable allowance for overhead and profit, the cost of <br /> <br />any equipment which has been designed, specified, selected or specially <br />provided for by the Engineer, except that used materials and equipment <br /> <br />shall be included as if purchased new for the Project(s). <br /> <br />The term <br /> <br />"reasonable <br /> <br />allowance <br /> <br />for overhead <br /> <br />and <br /> <br />profit" <br /> <br />shall <br /> <br />mean <br /> <br />fifteen <br /> <br />percent <br /> <br />(15%) <br /> <br />on the basis of actual cost directly related to the <br /> <br />work. <br /> <br />The actual cost shall be limited to: <br /> <br />labor, including foremen, <br /> <br />materials entering permanently into the work, the ownership or rental <br />cost of construction plant and equipment during the time of use on the <br /> <br />work, <br /> <br />power <br /> <br />and <br /> <br />consumable <br /> <br />supplies <br /> <br />for <br /> <br />the <br /> <br />operation <br /> <br />of <br /> <br />power <br /> <br />equipment, insurance and social security and old age and unemployment <br />contributions. <br /> <br />3.1.3 <br /> <br />Construction Cost does not include the compensation of the <br /> <br />Engineer <br /> <br />and <br /> <br />the <br /> <br />Engineer's <br /> <br />consultants, <br /> <br />the <br /> <br />cost <br /> <br />of <br /> <br />the <br /> <br />land, <br /> <br />rights-of-way, or other costs which are the responsibility of the Owner <br />as provided in Article 2. <br /> <br />3.2 <br /> <br />RESPONSIBILITY FOR CONSTRUCTION COST <br /> <br />3.2.1 <br /> <br />Evaluations of the Owner's Project budget . and detailed cost <br /> <br />estimates, if any, prepared by the Engineer, represent the Engineer's <br />best judgment as a design professional familiar with the construction <br /> <br />industry. <br /> <br />-11- <br />