Common use of Contractor Proposal-required elements Clause in Contracts

Contractor Proposal-required elements. Contractor shall submit a proposal of changes and costs to County and Architect for review. The Proposal shall completely itemize all quantities of materials, unit costs, labor estimates, hourly rates, delivery charges, taxes, and markup factors in the overall costs. Costs for the purpose of the changes shall be limited to the following: 18.3.1 All site direct and indirect costs of labor, including workers compensation insurance, social security and other federal and state payroll based taxes, and payroll based fringe benefits paid by Contractor so long as they are reasonable and no higher than those charged to other clients. Labor rates shall not exceed those listed at Journeyman schedules as established for this region by R.S. Means; 18.3.2 Costs of materials, on-site temporary facilities, supplies, and equipment (except hand tools) required for or incorporated into the Work. Materials costs shall not exceed those listed at established market levels; 18.3.3 Rental costs of machinery, equipment, tools (except hand tools), and on- site temporary facilities, whether rented from Contractor or others; 18.3.4 Costs of permits and other fees, sales, use or similar taxes related to the Work; 18.3.5 Additional costs of field supervision and field office personnel directly attributed to the change; 18.3.6 Overhead and profit by the following formula which is not a penalty but a reasonable calculation agreed upon at the time of execution of Contractor’s Agreement, and provided by formula herein due to the fact that the actual amount due for said overhead and profit cannot easily be ascertained at the time of such execution. The markups in Subsections 18.3.6.1 and 18.3.6.2 are to cover Contractor’s additional payment and performance bond premiums, insurance premiums not specified under Subsection 18.3.1, home office and on-site overhead and profit. Overhead and profit includes, but is not limited to, Contractor’s Project Manager and Cost Estimator. Each request for pricing shall stand on its own and not be combined with other requests for pricing in determining the allowed markup described below. A particular request for pricing shall include all items reasonably related together and determinable at the time of the request. If several unrelated requests for pricing are grouped together in a single County Change Order, each request for pricing shall be considered separately for purposes of calculating the markup under the following formula: 18.3.6.1 A markup in 15% shall be applied to the cost of each individual change up to and including $20,000.00 in cost, but in no case shall the markup be less than $150; 18.3.6.2 A markup of 10% shall be applied to the portion of the cost of each individual change in excess of $20,000.00; 18.3.6.3 Subcontractors at any tier shall be entitled to markup their costs related to a change with the same percentages as specified in Subsections 18.3.6.1 and 18.3.6.2, except that the minimum markup shall be $50 for any individual change. 18.3.7 Contractor shall notify County Project Manager in writing if it determines that a proposed change shall affect the contract duration. In the notice, Contractor shall identify how much time it needs to complete the Work, and explain the reasons why the proposed change shall extend the contract duration. If Contractor fails to submit this notice to County Project Manager, County shall not grant any additional time to complete the Work.

Contractor Proposal-required elements. Contractor shall submit a proposal of changes and costs to County and Architect for review. The Proposal shall completely itemize all quantities of materials, unit costs, labor estimates, hourly rates, delivery charges, taxes, and markup factors in the overall costs. Costs for the purpose of the changes shall be limited to the following: 18.3.1 All site direct and indirect costs of labor, including workers compensation insurance, social security and other federal and state payroll based taxes, and payroll based fringe benefits paid by Contractor so long as they are reasonable and no higher than those charged to other clients. Labor rates shall not exceed those listed at Journeyman schedules as established for this region by R.S. Means; 18.3.2 Costs of materials, on-site temporary facilities, supplies, and equipment (except hand tools) required for or incorporated into the Workwork. Materials costs shall not exceed those listed at established market levels; 18.3.3 Rental costs of machinery, equipment, tools (except hand tools), and on- site temporary facilities, whether rented from Contractor or others; 18.3.4 Costs of permits and other fees, sales, use or similar taxes related to the Work; 18.3.5 Additional costs of field supervision and field office personnel directly attributed to the change; 18.3.6 Overhead and profit by the following formula which is not a penalty but a reasonable calculation agreed upon at the time of execution of Contractor’s Agreement, and provided by formula herein due to the fact that the actual amount due for said overhead and profit cannot easily be ascertained at the time of such execution. The markups in Subsections 18.3.6.1 and 18.3.6.2 are to cover Contractor’s additional payment and performance bond premiums, insurance premiums not specified under Subsection 18.3.1, home office and on-site overhead and profit. Overhead and profit includes, but is not limited to, Contractor’s Project Manager and Cost Estimator. Each request for pricing shall stand on its own and not be combined with other requests for pricing in determining the allowed markup described below. A particular request for pricing shall include all items reasonably related together and determinable at the time of the request. If several unrelated requests for pricing are grouped together in a single County Change Order, each request for pricing shall be considered separately for purposes of calculating the markup under the following formula: 18.3.6.1 A markup in 15% shall be applied to the cost of each individual change up to and including $20,000.00 in cost, but in no case shall the markup be less than $150; 18.3.6.2 A markup of 10% shall be applied to the portion of the cost of each individual change in excess of $20,000.00; 18.3.6.3 Subcontractors at any tier shall be entitled to markup their costs related to a change with the same percentages as specified in Subsections 18.3.6.1 and 18.3.6.2, except that the minimum markup shall be $50 for any individual change. 18.3.7 Contractor shall notify County Project Manager in writing if it determines that a proposed change shall affect the contract duration. In the notice, Contractor shall identify how much time it needs to complete the Workwork, and explain the reasons why the proposed change shall extend the contract duration. If Contractor fails to submit this notice to County Project Manager, County shall not grant any additional time to complete the Workwork.