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11.3.2. By mutual acceptance of a lump su (which
<br />may includz an allowance for overhead and rofit not
<br />necessarily in accordance with paragraph 11.6.2 I).
<br />I13.3. On the basis of the Cost of the Wo k(deter-
<br />mined as provided in paragraphs 11.4 and Ii. ) plus a
<br />CONTRACI'OR's Fee for overhead and pro t(deter-
<br />mined as provided in paragraphs 11.6 and 11.7).
<br />Cost oj[he Work:
<br />11.4. The tertn Cost of the Work means the s m of all
<br />costs necessarily incurred and paid by CONTRA OR in
<br />the proper performance of the Work. Except as therwise
<br />may be agreed to in writing by 0 WNER, such cost shall be
<br />in amounts no higher than those prevailing in the 1 cality of
<br />the Project, shall include only the fotlowing items and shall
<br />not include any of the costs itemized in paragnph 1.5:
<br />11.4.1. Payroll costs for employees in the dire t emplay
<br />of CONTRACTOR in the performance of the W rk under
<br />schedules of job ctassifications agreed upon by OWNER
<br />and CONTRACTOR. Payroll costs for empl yees not
<br />employed full time on the Work s6all be appo ioned on
<br />the basis of their time spent on the Work. Pa oll costs
<br />shatl include, but not be limited to, salaries a d wages
<br />plus the cost of fringe benefits which shall incl de social
<br />security contributions, unemploymen[, excise a d payrotl
<br />taxes, workers' or worf;men's compensation, ealth and
<br />retirement benefits, bonuses, sick leave, vacatio and hol-
<br />iday pay applicable [hereto. Such employees sh ll include
<br />superintendents and forcmen at the site. The e penses oF
<br />performing Work after regulu working hours, n Satur-
<br />day, Sunday or legal holidays, shall be inclu ed in the
<br />above to the extent authorized by O WNER.
<br />11.4.2. Cost of all materials and equipment umished
<br />and incorparated in the Work, including costs of uans-
<br />poRationandstorage[hereof,andSupptiers'fiel services
<br />required in wnnection therewith. Atl cash disc nts sha(t
<br />acccuetoCONTRACfORunlessOWNERdep sitsfunds
<br />with CONTRAC'fOR with which to make pa ments, in
<br />which case the cash discounts shall accrue to WNER.
<br />Att tade discounts, rebates and refunds and I retums
<br />from sale of sucplus materials and equipment sh ll accrue
<br />to OWNER, and CONTRAC'fOR shall make rovisions
<br />so that they may be obtained.
<br />11.43. Payments made by CONTRACT R to the
<br />Subcontrdctars for Work perCormed by Subco tractors.
<br />If required by OWNER, CONTRACT'OR sh II obtain
<br />competitive bids from Subcontractors acceptabl toCON-
<br />TRACI'OR and shalt deliver such bids to OW ER who
<br />wili then determine, with the advice of ENGINE R, which
<br />bids will be accepted. If a subcontract provid s[hat the
<br />Subcontractor is to be paid on the basis of C st oC the
<br />Work Plus a Fee, the Subcontractor's Cost of the Work
<br />shall be detertninod in the same manner as C N'CRAC-
<br />TOR's Cost of the Work. All subcontracts shall e subject
<br />to the other provisions of the Contract Documents insoCar
<br />as applicable. --11.4.4. Costs of special consultants (including but not
<br />limited to engineers, architects, testing la6orarories, sur-
<br />veyors, attorneys and accountants) employed for services
<br />specifically related to the Work.
<br />11.4.5. Supplementai costs including the following:
<br />11.4.5.1. The proportion of necessary transporta-
<br />tion, travel and subsistence expenses of CONTRAC-
<br />TOP: s employees incurred in discharge of duties con-
<br />nected with the Work. 11.4.5.2. Cost, including [ransportation and main-
<br />tenance, of all materiats, suppties, 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 bu[ not consumed
<br />which remain the propeRy of CONTRACTOR.
<br />11.4.5.3. Rentals of all construction equipment and
<br />machinery and the parts thtteof whether rented from
<br />CONTRACTOR or others in accordance wi[h rental
<br />agreements approved by OWNER with the advice of
<br />ENGINEER, and the costs of transportation, loading,
<br />unloading, installation, dismantling and removat
<br />thereof-all in accordance with terms of said rental
<br />agreements. The rental of any such equipment, machin-
<br />eryorparts shall cease when the use [hereof is no longer
<br />necessary for the Work.
<br />11.4.5.4. Sales, consumer, use or similartaxes
<br />related to the Work, and for which CONTRACTOR is
<br />liable, imposed by Laws and Regulations.
<br />11.4.5.5. Deposits lost for causes other Ihan negli-
<br />gence of CONTRACTOR, any Subcantractor or any-
<br />one directly or indirectly employed by any of them or
<br />for wt.ose acts any of them may be liable, and royalty
<br />payments and fees for permits and licenses.
<br />11.4.5.6. Losses and damages (and related
<br />expenses), not compensated by insurance orotherwise,
<br />to the Work orotherwise sustained by CONTRACfOR
<br />in connection with the .performance and fumishing of
<br />the Work (except losses and damages withirt the
<br />deductible amoun[s of property insueance 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 tham
<br />or for whose acts any of them may be liable. Such
<br />losses shatl include set[lements made with the written
<br />eonsent and approval of OWNER. No such lasses,
<br />damages and expenses shall be inciuded in the Cosl of
<br />the Work Cor the purpase of determining CONTliAC-
<br />TOR's Fee. IC, however, any such loss or damage
<br />SZ
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