|
<br />F. No Claim for an adjustment in Contract Price
<br />or Contract Times will be valid if not submitted in
<br />accordance with this Paragraph 10.05.
<br />
<br />ARTICLE 11 COST OF THE WORK;
<br />ALLOWANCES; UNIT PRICE WORK
<br />
<br />11.01 Cost of the Work
<br />
<br />A. Costs Included: The term Cost of the Work
<br />means the sum of all costs, except those excluded in
<br />Paragraph 11.01.B, necessarily incurred and paid by
<br />Contractor in the proper performance of the Work. When
<br />the value of any Work covered by a Change Order or
<br />when a Claim for an adjustment in Contract Price is
<br />determined on the basis of Cost of the Work, the costs to
<br />be reimbursed to Contractor will be only those additional
<br />or incremental costs required because of the change in the
<br />Work or because of the event giving rise to the Claim.
<br />Except as otherwise may be agreed to in writing by
<br />Owner, such costs shall be in amounts no higher than
<br />those prevailing in the locality of the Project, shall include
<br />only the following items, and shall not include any of the
<br />costs itemized in Paragraph 11.01.B.
<br />
<br />1. Payroll costs for employees in the direct
<br />employ of Contractor in the performance of the Work
<br />under schedules of job classifications agreed upon by
<br />Owner and Contractor. Such employees shall include,
<br />without limitation, superintendents, foremen, and other
<br />personnel employed full time at the Site. Payroll costs for
<br />employees not employed full time on the Work shall be
<br />apportioned on the basis of their time spent on the Work.
<br />Payroll costs shall include, but not be limited to, salaries
<br />and wages plus the cost of fringe benefits, which shall
<br />include social security contributions, unemployment,
<br />excise, and payroll taxes, workers' compensation, health
<br />and retirement benefits, bonuses, sick leave, vacation and
<br />holiday pay applicable thereto. The expenses of
<br />performing Work outside of regular working hours, on
<br />Saturday, Sunday, or legal holidays, shall be included in
<br />the above to the extent authorized by Owner.
<br />
<br />2. Cost of all materials and equipment furnished
<br />and incorporated in the Work, including costs of
<br />transportation and storage thereof, and Suppliers' field
<br />services required in connection therewith. All cash
<br />discounts shall accrue to Contractor unless Owner
<br />deposits funds with Contractor with which to make pay-
<br />ments, in which case the cash discounts shall accrue to
<br />Owner. All trade discounts, rebates and refunds and
<br />returns from sale of surplus materials and equipment shall
<br />accrue to Owner, and Contractor shall make provisions so
<br />that they may be obtained.
<br />
<br />-
<br />
<br />bids from subcontractors acceptable to Owner and
<br />Contractor and shall deliver such bids to Owner, who will
<br />then determine, with the advice of Engineer, which bids,
<br />if any, will be acceptable. If any subcontract provides that
<br />the 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 />and fee shall be determined in the same manner as
<br />Contractor's Cost of the Work and fee as provided in this
<br />Paragraph 11.01.
<br />
<br />4. Costs of special consultants (including but not
<br />limited to Engineers, architects, testing laboratories,
<br />surveyors, attorneys, and accountants) employed for
<br />services specifically related to the Work.
<br />
<br />5. Supplemental costs including the following:
<br />
<br />a. The proportion of necessary transportation,
<br />travel, and subsistence expenses of Contractor's
<br />employees incurred in discharge of duties
<br />connected with the Work.
<br />
<br />b. Cost, including transportation and mainte-
<br />nance, of all materials, supplies, equipment,
<br />machinery, appliances, office, and temporary
<br />facilities at the Site, and hand tools not owned by
<br />the workers, which are consumed in: the .perfor-
<br />mance of the Work, and cost, less market value,
<br />of such items used but not consumed which
<br />remain the property of Contractor.
<br />
<br />c. Rentals of all construction equipment and
<br />machinery, and the parts thereof whether rented
<br />from Contractor or others in accordance with
<br />rental agreements approved by Owner with the
<br />advice of Engineer, and the costs of
<br />transportation, loading, unloading, assembly,
<br />dismantling, and removal thereof. All such costs
<br />shall be in accordance with the terms of said
<br />rental agreements. The rental of any such equip-
<br />ment, machinery, or parts shall cease when the
<br />use thereof is no longer necessary for the Work.
<br />
<br />d. Sales, consumer, use, and other similar taxes
<br />related to the Work, and for which Contractor is
<br />liable, imposed by Laws and Regulations.
<br />
<br />e. Deposits lost for causes other than negligence
<br />of Contractor, any Subcontractor, or anyone
<br />directly or indirectly employed by any of them or
<br />for whose acts any of them may be liable, and
<br />royalty payments and fees for permits and
<br />licenses.
<br />
<br />f. Losses and damages (and related expenses)
<br />caused by damage to the Work, not compensated
<br />by insurance or otherwise, sustained by
<br />Contractor in connection with the performance
<br />of the Work (except losses and damages within
<br />the deductible amounts of property insurance
<br />established in accordance with Paragraph
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright@ 2002 National Society of ProCessional Engineers for EJCDC. All rights reserved.
<br />00700 - 30
<br />
<br />3. Payments made by Contractor to
<br />Subcontractors for Work performed by Subcontractors. If
<br />required by Owner, Contractor shall obtain competitive
<br />
|