Common use of Costs Included Clause in Contracts

Costs Included. The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to

Costs Included. The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OwnerOWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items:11.01.B. 1. Payroll costs for employees in the direct employ of Contractor CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by Owner OWNER and ContractorCONTRACTOR. Such S uch employees shall include, include without limitation, limitations superintendents, foremen, and other personnel employed full time on at the WorkSite. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll P ayroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ worker’s compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The T he expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OwnerOWNER. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ Supplier’s field services required in connection therewith. All cash discounts shall accrue to Contractor CONTRACTOR unless Owner OWNER deposits funds with Contractor CONTRACTOR with which to make payments, in which case the cash discounts shall accrue toto OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR’S employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. T he rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor, or anyone directly of indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar ▇▇▇▇▇ cash items in connection with the Work. i. The costs of premiums for all bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain.

Costs Included. The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, costs necessarily incurred and paid by Contractor Construction Manager at Risk in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the Such costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B4.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor Construction Manager at Risk in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Construction Manager at Risk in advance of the subject Work. a. Such employees shall include, include without limitation, limitation superintendents, foremen, and other personnel employed full full-time on at the WorkSite. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages (including overtime wages) plus the cost of fringe benefits, benefits which shall include social security contributions, unemployment, excise, excise and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation vacation, and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, the hours or legal holidays, days permitted by this Contract shall be included in the above to the extent such performance of Work is authorized by Owner. b. Such employees shall also include engineers, engineering technicians, architects, and others providing Design Professional Services as employees of Construction Manager at Risk. For purposes of this Paragraph 4.01.A.1, Construction Manager at Risk shall be entitled to payment for such employees an amount equal to salary costs times a factor of 1.05 for all services performed or furnished by such employees engaged on the Project. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor Construction Manager at Risk unless Owner deposits funds with Contractor Construction Manager at Risk with which to make payments, in which case the cash discounts shall accrue toto Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Construction Manager at Risk shall make provisions so that they may be obtained. 3. Cost of permits obtained by Construction Manager at Risk. 4. Payments made by Construction Manager at Risk to Construction Subcontractors for Work performed or furnished by such Construction Subcontractors. If any subcontract provides that the Construction Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Construction Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Construction Manager at Risk’s Cost of the Work and fee. 5. Costs for Construction Manager’s equipment including trucks, tools, forklift and other equipment used for the Work. 6. Payments made by Construction Manager at Risk under any purchase (procurement) contract assigned to Construction Manager at Risk by Owner. 7. Costs of special consultants (not including Project Design Professionals), including but not limited to testing laboratories, attorneys, and accountants, retained for services specifically related to the Work. 8. Supplemental costs including the following items: a. The proportion of necessary transportation, travel and subsistence expenses of Construction Manager at Risk’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the Site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Construction Manager at Risk. c. Rentals of all construction or engineering equipment and machinery and the parts thereof whether rented from Construction Manager at Risk or others in accordance with rental agreements approved by Owner, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Construction Manager at Risk is liable, imposed by Laws or Regulations. e. Deposits lost for causes other than negligence of Construction Manager at Risk, any Construction Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses, damages, and related expenses caused by damage to the Work not compensated by insurance or otherwise, sustained by Construction Manager at Risk in connection with the furnishing and performance of the Work provided they have resulted from causes other than the negligence of Construction Manager at Risk, any Construction Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Construction Manager at Risk’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as long distance telephone calls, telephone service at the Site, express and courier services, and similar ▇▇▇▇▇ cash items in connection with the Work. i. Cost of premiums for all Bonds and insurance Construction Manager at Risk is required by the Contract Documents to purchase and maintain.