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1 t.3.2. By mutual acceptance ~' a lump sum (which to the other provisions of the Contract Documems insofar
<br /> may include an allowance for overhead and profit not as applicable.
<br /> necessarily in accordance with paragraph 1 t .6.2. I).
<br /> 11.4.4. Costs of special consultants (including but not
<br /> I 1.3.3. On the basis of the Cost of the Work (deter- limited to engineers, architects, testing laboratories, sur-
<br /> mined as provided in paragraphs 1[.4 and 11.5) plus a veyors, attorneys and accountants)employed for services
<br /> CONTRACTOR's Fee for overhead and profit (deter- specifically related to the Work.
<br /> mined as provided in paragraphs 11.6 and I 1.7).
<br /> 11.4.5. Supplemental costs including the following:
<br />
<br />Costofthe Work: 11.4.5.1. The proportion of necessary transporta-
<br /> lion, travel and subsistence expenses of CONTRAC-
<br />I 1.4. The term Cost of the Work means the sum of all TOR's employees incurred in discharge of duties con-
<br />costs necessarily incurred and paid by CONTRACTOR in nected with the Work.
<br />the proper performance of the Work. Except as otherwise
<br />may be agreed to in writing by OWNER, such costs shall be l 1.4.5.2. Cost, including transportation and main-
<br />in amounts no higher than those prevailing in the locality of tenanee, of all materials, supplies, equipment, manhin-
<br />the Project, shall include only the following items and shall cry, appliances, office and temporary facilities at the
<br />not include any of the costs itemized in paragraph I 1.5: site and hand tools not owned by the workers, which
<br /> are consumed in the performance of the Work, and cost
<br />11.4.1. Payroll costs for employees in the direct employ less market value of such items used but not consumed
<br />of CONTRACTOR in the performance of the Work under which remain the property of CONTRACTOR.
<br />schedules of job alassifications agreed upon by OWNER
<br />and CONTRACTOR. Payroll costs for employees not 11.4.5.3. Rentals of all construction equipment and
<br />employed full time on the Work shall be apportioned on machinery and the parts thereof whether rented from
<br />the basis of their time spent on the Work. Payroll costs CONTRACTOR or others in accordance with rental
<br />shall include, but not be limited to, salaries and wages agreements approved by OWNER with the advice of
<br />plus the cost of fringe benefits which shall include social ENGINEER, and the costs of transportation, loading,
<br />securitycontributions, unemploymeat, excise and payroll unloading, installation, dismantling and removal
<br />taxes, workers' or workmea's compensation, health and thereof---all in accordance with terms of said rental
<br />retirement benefits, bonuses, sick leave, vacation and hol- agreements. The rental of any such equipment, machin-
<br />iday pay applicable thereto. Such employees shall include cry or parts shallcease when the use thereof is no longer
<br />superintendents and foremen at the site. The expenses of necessary for the Work.
<br />performing Work after regular working hours, on Satur-
<br />day, Sunday or legal holidays, shall be included in the 11.4.5.4. Sales, consumer, use or similar taxes
<br />above to the extent authorized by OWNER. related to the Work, and for which CONTRACTOR is
<br /> liable, imposed by Laws and Regulations.
<br />11.4.2. Cost of all materials and equipment furnished
<br />and incorporated in the Work, including costs of frans- I 1.4.5.5. Deposits lost for causes other than negll-
<br />portation and storage thereof, and Suppliers' field services deuce of CONTRACTOR, any Subcontractor or any-
<br />required in connection therewith. All cash discounts shall one directly or iedirectly employed by any of them or
<br />accrue to CONTRACTOR unless OWNER deposits funds for wLose acts any of them may be liable, and royalty
<br />with CONTRACTOR with which to make ~)aymeats, in payments and fees for permits and licenses.
<br />which case the cash discounts shall accrue to OWNER.
<br />All trade discounts, rebates and refunds and all returns 11.4.5.6. Losses and damages (and related
<br />from sale of surplus materials and equipment shall accrue expenses), not compensated by insurance oroth~rwise,
<br />to OWNER, and CONTRACTOR shall make provisions to the Work or otherwise sustained by CONTRACTOR
<br />so that they may be obtained, in connection with the performance and furnlsh[ng of
<br /> the Work (except losses and damages within the
<br />11.4.3. Payments made by CONTRACTOR to the deductible amounts of property insurance established
<br />Subcontractors for Work performed by Subcontractors. by OWNER in accordance with paragraph 5.9), pro-
<br />If required by OWNER, CONTRACTOR shall obtain vlded they have resulted from causes other than the
<br />competitive bids from Subcontractors acceptable to CON- negligence of CONTRACTOR, any Subcontractor, or
<br />TRACTOR and shall deliver such bids to OWNER who ' anyone directly or indirectly employed by any of them
<br />wiU then determine, with the advice of ENGINEER, which or for whose acts any of them may b~ liable. Such
<br />bids will be accepted. If a subcontract provides that the losses shall include settlements made with the written
<br />Subcontractor is to be paid on the basis of Cost of the consent and approval of OWNER. No such losses,
<br />Work Plus a Fee, thc Subcontractor's Cost ct' thc Work damages and expenses shall bc included in thc Cost of
<br />shall be determined in thc same manner as CONTRAC- the Work for the purpose of determinlng CONTI~.C-
<br />TOR's Cost of the Work. All subcontracts shall be subject TOR's Fee. If, however, any such loss or damage
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