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11.3.2. By mutual acceptance Of a lump sum (which
<br />may include an allowance rot overhead and profit not
<br />necessarily in accordance whh paragraph 11.6.2.1}.
<br />
<br /> I 1.3.3. On the basis of the Cost of thc Work (deter-
<br />mined as provided in paragraphs 11.4 and Il.5} plus a
<br />CONTRACTOR's Fee for overhead and profit (deter-
<br />mined as provided in paragraphs I 1.6 and 11.7).
<br />
<br />Cost of the Work:
<br /> I 1.4. The term Cost of the Work means the sum of all
<br />costs necessarily incurred and paid by CONTRACTOR in
<br />the proper performance of the Work. Except as other~4se
<br />may be agreed to in writing by OWNER, such costs shall be
<br />in amounts no higher than those prevailing in the locality of
<br />the Project, shall include only thc followlng items and shall
<br />not include any of the costs itemized in paragraph 11.5:
<br />
<br /> 11.4.1. Payroll costs for employees in the dkect employ
<br />of CONTRACTOR in the performance of the Work undei:
<br />schedules of job classifications agreed upon by OWNER
<br />and CONTRACTOR. Payroll costs for employees not
<br />employed full time on the Work shall be apportioned on
<br />the basis of their time spent on the Work. Payroll costs
<br />shall include, but not be limited to, salaries and wages
<br />plus the cost of fringe benefits which shall include social
<br />security contributions, unemployment, excise and payroll
<br />taxes, workers' or workmen's compensation, health and
<br />retirement benefits, bonuses, sick leave, vacation and hol-
<br />iday pay applicable thereto. Such employees shall include
<br />superintendents and foremen at the site. The expenses of
<br />performing Work after regular working hours, on Satur-
<br />day, Sunday or legal holidays, shall be included in the
<br />above to the extent authorized by OWNER.
<br />
<br /> 11.4.2. Cost of all materials and equipmem fumlshed
<br />and incorporated in the Work, including costs of tans-
<br />portation and storsge thereof, and Suppliers' field services
<br />required in connection therewith. Ail cash discounts shall
<br />accrue to CONTRACTOR unless OWNER deposits funds
<br />with CONTRACTOR with which to make i~ayments, in
<br />which case the cash discounts shall accrue to OWNER.
<br />Ali trade discounts, rebates and refunds and all returns
<br />from sale of surplus materials and equipment shall accrue
<br />to OWNER, and CONTRACTOR shall make provisions
<br />so that they may be obtained.
<br />
<br /> 11.4.3. Payments made by CONTRACTOR to the
<br />Subcontractors for Work performed by Subcontractors.
<br />If required by OWNER, CONTRACTOR shall obtain
<br />competitive bids from Subcontractors acceptable to CON-
<br />TRACTOR and shall deliver such bids to OWNER who
<br />wiU then determlne, with the advice of ENGINEER, which
<br />bids will be accepted. If a subcontract provides that the
<br />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 />shall be determined in the same manner as CONTRAC-
<br />TOR's Cost of the Work. All subcontracts shall be subject
<br />
<br />to the other provisions of the Contract Documents insofar
<br />as applicable. ~.
<br />
<br /> 1 1.4.4. Costs of special consultants (including but not
<br />limited to engineers, architects, testing laboratories, sur-
<br />veyors, attorneys and accountants) employed for services
<br />specifically related to the Work.
<br />
<br />11.4.5. Supplemental costs including the following:
<br />
<br /> 11.4.5.1. The proportion of necessary transporta-
<br />tion, travel and subsistence expenses of CONTRAC-
<br />TOR's employees incurred in discharge of duties con-
<br />nected with the Work.
<br />
<br /> 11.4.5.2. Cost, including transportation and main-
<br />tenance, of all materials, supplies, equipment, machin-
<br />ery, appliances, office and temporary facilities at the
<br />site and hand. tools not owned by the workers, which
<br />are consumed in the performance of the Work, and cost
<br />less market value of such items used but not consumed
<br />which remain the property of CONTRACTOR.
<br />
<br /> 11.4.5.3. Rentals of all construction equipment and
<br />machinery and the pans thereof whether rented from
<br />CONTRACTOR or others in accordance with rental
<br />agreements approved by OWNER with the advice of
<br />ENGINEER, and the costs of transportation, loading,
<br />unloading, installation, dismantling and removal
<br />thereof--all in accordance with terms of said rental
<br />agroements. The rental of any such equipment, machln-
<br />cry or parts shall cease when the use thereof is no longer
<br />necessary for the Work.
<br />
<br /> 11.4.5.4. Sales, consumer, use or similar taxes
<br />related to the Work, and for which CONTRACTOR is
<br />liable, imposed by Laws and Regulations.
<br />
<br /> 11.4.5.5. Deposks lost for causes other than negll-
<br />gance of CONTRACTOR, any Subcontractor or any-
<br />one directly or indirectly employed by any of them or
<br />for wl.ose acts any of them may be liable, and royalty
<br />payments and fees for permits and licenses.
<br />
<br /> 11.4.5.6. Losses and damages (and related
<br /> expenses), not compensated by insurance oroth~rwise,
<br /> to the Work or otherwise sustained by CONTRACTOR
<br /> in connection with thc performance and furnishing of
<br /> the Work (except losses and damages within the
<br /> deductible amounts of property insurance established
<br /> by OWNER in accordance with paragraph 5.9), pro-
<br /> vided they have resulted from causes other than the
<br /> negligence of CONTRACTOR, any Subcontractor, or
<br />· anyone directly or indirectly employed by any of them
<br />or for whose acts any of them may be liable. Such
<br />losses shall include settlements made with the written
<br />consent and approval of OWNER. No such losses,
<br />damages and expenses shall be included in the Cos~. of
<br />the Work for the purpose of determining CONTI'IAC-
<br />TOR's Fee. If, however, any such loss or damage
<br />
<br />50
<br />
<br />
<br />
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