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Method (A)-By oreed unit prices; or
<br />Method (B)---By agreed lump sum; or
<br />Method (C)-If neither Method (A) nor Method (B) be agreed upon before
<br />the Extra Work is commenced, then the CONTRACTOR shall
<br />be paid the "actual field cost" of the work, plus fifteen (15)
<br />percent.
<br />In the event said Extra Work be performed and paid for under Method (C), then the pro-
<br />visions of this paragraph shall apply and the "actual field cost" is hereby defined to include the
<br />cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and
<br />laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time
<br />actually employed or used on such Extra Work, plus actual transportation charges necessarily
<br />incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all
<br />necessary incidental expenses incurred directly on account of such Extra Work, including Social
<br />Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on
<br />Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage
<br />and Workmen's Compensation, and all other insurance as may be required by any law or ordinance,
<br />or directed by the OWNER, or by them agreed to. The ENGINEER may direct the form in which
<br />accounts of the "actual field cost" shall be kept and the records of these accounts shall be made
<br />available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the
<br />work commences, •the method of doing the work and the type and kind of machinery and equip-
<br />mant to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless
<br />otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by
<br />using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership
<br />Expense adopted by the Associated General Contractors of America. Where practicable the
<br />terms and prices for the use of machinery and equipment shall be incorporated in the Written
<br />Extra Work Order. The fifteen (15%) per cent of the "actual field cost" to be paid the CONTRAC-
<br />TOR shall cover and compensate him for his profit, overhead, general superintendence and field
<br />office expense, and all other elements of cost and expense not embraced within the "actual field
<br />cost" as herein defined, save that where the CONTRACTOR'S Camp or Field Office must be
<br />maintained primarily on account of such Extra Work; then the cost to maintain and operate the
<br />same shall be included in the "actual field cost."
<br />No claim for Extra Work of any kind will be allowed unless ordered in writing by the
<br />ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRAC-
<br />TOR to involve Extra Work for which he should receive compensation or an adjustment in the
<br />construction time, he shall make written request to the ENGINEER for written order authorizing
<br />such Extra Work. Should a difference of opinion arise as to what does or does not constitute
<br />Extra Work, or as to the payment therefor, and the ENGINEER insists upon its performance,
<br />the CONTRACTOR shall proceed with the work after making written request for written order
<br />and shall keep an accurate account of the "actual field cost" thereof, as provided under Method
<br />(C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to
<br />arbitration, as hereinbelow provided.
<br />6.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all
<br />questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and
<br />filed with the ENGINEER within thirty (30) days after the ENGINEER has given any directions,
<br />order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER
<br />shall reply within thirty (30) days to such written exceptions by the CONTRACTOR and render
<br />his final decision in writing. In case the CONTRACTOR should appeal from the ENGINEER'S
<br />decision, any demand for arbitration shall be filed with the ENGINEER and the OWNER in
<br />writing within ten (10) days after the date of delivery to CONTRACTOR of the ENGINEER'S
<br />final decision. It is further agreed that final acceptance of the work by the OWNER and the
<br />acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either
<br />party, except where noted otherwise in the Contract Documents.
<br />6.05 ARBITRATION. All questions of dispute under this Agreement shall be submitted
<br />to arbitration at the request of either party to the dispute. The parties may agree upon one
<br />arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen
<br />Cj'12 Qc by Texu &ction, ASCE 1971
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