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, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to 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 City 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; a. 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, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 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. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, 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. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 5. 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. 6. 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. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than 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, and royalty payments and fees for permits and licenses. e. 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, 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 City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar xxxxx cash items in connection with the Work. h. 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 CON- TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change OrderOrder 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 WorkWork or because of the event giving rise to the Claim. Such 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 include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items:paragraph 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 City OWNER and ContractorCONTRACTOR. Such employees shall include, include without limitation, limitation 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 costs shall include; a. , 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 Hoursregular working hours, Weekend Working Hourson Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by CityOWNER. 2. Cost of all materials and equipment furnished fur- nished 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 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. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, 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. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Contractor CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by CityOWNER, Contractor CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to City OWNER and Contractor CON- TRACTOR and shall deliver such bids to CityOWNER, who will then determine, with the advice of ENGI- XXXX, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as ContractorCONTRACTOR’s Cost of the Work and fee as provided in this Paragraph paragraph 11.01. 54. 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. 65. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of ContractorCONTRACTOR’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenancemain- tenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities facili- ties 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 ContractorCONTRACTOR. 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. The rental of any such equipment, ma- xxxxxxx, 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 CON- TRACTOR is liable not covered under Paragraph 6.11liable, as imposed by Laws and RegulationsRegu- lations. d. Deposits lost for causes other than 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, and royalty payments and fees for permits and licenses. e. 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, 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 City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar xxxxx cash items in connection with the Work. h. 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 DESIGN/BUILDER in the proper performance of the Work. When the value of any Work covered work authorized only by a Change OrderOrder or Written Amendment (together “Change Order Work”). Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the costs to be reimbursed to Contractor will be only those additional or incremental costs required because locality of the change in Project, shall include only the Work. Such costs following items and shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following itemsparagraph 10.02.B: 1. Payroll costs for employees in the direct employ of Contractor DESIGN/BUILDER in the performance of the Change Order Work under schedules the then current schedule of job classifications agreed upon by City 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 hourly rates of their time spent on the Work. Payroll costs shall include; a. 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, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by CityDESIGN/BUILDER. 2. Cost of all materials and equipment furnished and incorporated in the Change Order Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor Payments made by DESIGN/BUILDER to Subcontractors for Change Order Work performed or others in accordance with rental agreements approved furnished by City, 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. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the WorkSubcontractors. 4. Payments made by Contractor DESIGN/BUILDER to Subcontractors Engineers (not employees of DESIGN/BUILDER or its affiliates) for Work performed Design Professional Services provided or furnished by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus Engineers under a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01Design Subagreement for Change Order Work. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, laboratories and surveyors, attorneys, and accountantsbut excluding employees of DESIGN/BUILDER or its affiliates) employed for services specifically related to the Change Order Work. 6. Supplemental costs including the followingfollowing items: a. The proportion of necessary transportation, travel, travel and subsistence expenses of ContractorDESIGN/BUILDER’s employees incurred in discharge of duties connected with the Change Order Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, office and temporary facilities at the Site, Site and hand tools not owned by the workers, which are consumed in the performance of the Change Order Work, and cost, cost less market value, value of such items used but not consumed which remain the property of ContractorDESIGN/BUILDER. c. Rentals of all Work equipment and machinery and the parts thereof whether rented from DESIGN/BUILDER or others in accordance with rental agreements approved by OWNER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof—all 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 Change Order Work. d. Sales, consumer, use, and other use or similar taxes related to the Change Order Work, and for which Contractor is liable not covered under Paragraph 6.11paid by DESIGN/BUILDER or required to be reimbursed by DESIGN/BUILDER to its Subcontractors, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any SubcontractorSuppliers, 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 licensesEngineers. e. 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, 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 City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar xxxxx cash items in connection with the Work. h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain.

Costs Included. The term Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work means the sum of all costs, except shall be in amounts no higher than those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor prevailing in the proper performance locality of the Work. When the value of any Work covered by a Change OrderProject, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B13.01.C, and shall include but not be limited to 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 City 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; a. , 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, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hoursregular working hours, Weekend Working Hourson Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by CityOwner. 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 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. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, 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. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by CityOwner, Contractor shall obtain competitive bids from subcontractors acceptable to City Owner and Contractor and shall deliver such bids to CityOwner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.0113.01. 54. 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. 65. 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. 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 Contractor is liable not covered under Paragraph 6.11liable, as imposed by Laws and Regulations. d. e. Deposits lost for causes other than 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, and royalty payments and fees for permits and licenses. e. 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 WorkWork (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), 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 CityOwner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. g. The cost of utilities, fuel, and sanitary facilities at the Site. g. h. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services service at the Site, express and courier services, and similar xxxxx cash items in connection with the Work. h. i. The costs of premiums for all bonds and insurance that 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 DESIGN/BUILDER in the proper performance of the Work. When the value of any Work covered work authorized only by a Change OrderOrder or Written Amendment (together "Change Order Work"). Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the costs to be reimbursed to Contractor will be only those additional or incremental costs required because locality of the change in Project, shall include only the Work. Such costs following items and shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following itemsparagraph 10.02.B: 1. Payroll costs for employees in the direct employ of Contractor DESIGN/BUILDER in the performance of the Change Order Work under schedules the then current schedule of job classifications agreed upon by City 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 hourly rates of their time spent on the Work. Payroll costs shall include; a. 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, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by CityDESIGN/BUILDER. 2. Cost of all materials and equipment furnished and incorporated in the Change Order Work, including costs of transportation and storage thereof, and Suppliers’ ' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor Payments made by DESIGN/BUILDER to Subcontractors for Change Order Work performed or others in accordance with rental agreements approved furnished by City, 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. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the WorkSubcontractors. 4. Payments made by Contractor DESIGN/BUILDER to Subcontractors Engineers (not employees of DESIGN/BUILDER or its affiliates) for Work performed Design Professional Services provided or furnished by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus Engineers under a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01Design Subagreement for Change Order Work. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, laboratories and surveyors, attorneys, and accountantsbut excluding employees of DESIGN/BUILDER or its affiliates) employed for services specifically related to the Change Order Work. 6. Supplemental costs including the followingfollowing items: a. The proportion of necessary transportation, travel, travel and subsistence expenses of Contractor’s DESIGN/BUILDER's employees incurred in discharge of duties connected with the Change Order Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, office and temporary facilities at the Site, Site and hand tools not owned by the workers, which are consumed in the performance of the Change Order Work, and cost, cost less market value, value of such items used but not consumed which remain the property of ContractorDESIGN/BUILDER. c. Rentals of all Work equipment and machinery and the parts thereof whether rented from DESIGN/BUILDER or others in accordance with rental agreements approved by OWNER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof--all 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 Change Order Work. d. Sales, consumer, use, and other use or similar taxes related to the Change Order Work, and for which Contractor is liable not covered under Paragraph 6.11paid by DESIGN/BUILDER or required to be reimbursed by DESIGN/BUILDER to its Subcontractors, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any SubcontractorSuppliers, 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 licensesEngineers. e. 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, 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 City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar xxxxx cash items in connection with the Work. h. 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 DESIGN/BUILDER in the proper performance perfor­mance of the Work. When the value of any Work covered work authorized only by a Change OrderOrder or Written Amendment (together “Change Order Work”). Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the costs to be reimbursed to Contractor will be only those additional or incremental costs required because locality of the change in Project, shall include only the Work. Such costs following items and shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following itemsparagraph 10.02.B: 1. Payroll costs for employees in the direct employ of Contractor DESIGN/BUILDER in the performance of the Change Order Work under schedules the then current schedule of job classifications agreed upon by City 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 hourly rates of their time spent on the Work. Payroll costs shall include; a. 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, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by CityDESIGN/BUILDER. 2. Cost of all materials and equipment furnished fur­nished and incorporated in the Change Order Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. 3. Payments made by DESIGN/BUILDER to Subcontractors for Change Order Work performed or furnished by Subcontractors. 4. Payments made by DESIGN/BUILDER to Engineers (not employees of DESIGN/BUILDER or its affiliates) for Design Professional Services provid­ed or furnished by Engineers under a Design Subagreement for Change Order Work. 5. Costs of special consultants (including but not limited to testing laboratories and surveyors, but excluding employees of DESIGN/BUILDER or its affiliates) employed for services specifically related to Change Order Work. 6. Supplemental costs including the following items: a. The proportion of necessary transportation, travel and subsistence expenses of DE­SIGN/BUILDER’s employees incurred in discharge of duties connected with Change Order 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 Change Order Work, and cost less market value of such items used but not con­sumed which remain the property of DESIGN/BUILDER. c. Rentals of all construction Work equipment and machinery, machinery and the parts thereof whether rented from Contractor DESIGN/BUILDER or others in accordance with rental agreements approved by CityOWNER, and the costs of transportation, loading, unloading, assemblyinstallation, dismantling, dismantling and removal thereof. All such costs shall be —all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, machinery or parts shall cease when the use thereof is no longer necessary neces­sary for the Change Order Work. 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 5. 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. 6. 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. d. Sales, consumer, use, and other use or similar taxes related to the Change Order Work, and for which Contractor is liable not covered under Paragraph 6.11paid by DESIGN/BUILDER or required to be reimbursed by DESIGN/BUILDER to its Subcontractors, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any SubcontractorSuppliers, 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 licensesEngineers. e. 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, 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 City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar xxxxx cash items in connection with the Work. h. 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, necessarily incurred and paid by Contractor LIT in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor LIT will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor LIT in the performance of the Work under schedules of job classifications agreed upon by City and ContractorLIT. 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; a. salaries with a 55% markup, or b. 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, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized authorize d by City. 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. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor LIT or others in accordance with rental agreements approved by City, 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. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Contractor LIT to Subcontractors for Work performed by Subcontractors. If required by City, Contractor LIT shall obtain competitive bids from subcontractors acceptable to City and Contractor LIT and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as ContractorLIT’s Cost of the Work and fee as provided in this Paragraph 11.01. 5. 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. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of ContractorLIT’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 ContractorLIT. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor LIT is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of ContractorLIT, any 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. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor LIT in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of ContractorLIT, 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 City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining ContractorLIT’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar xxxxx cash items in connection with the Work. h. The costs of premiums for all bonds and insurance Contractor LIT is required by the Contract Construction 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, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change OrderOrder 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 WorkWork or because of the event giving rise to the Claim. Such 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 but not be limited to 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 City 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; a. , 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 Hoursregular working hours, Weekend Working Hourson Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by CityOwner. 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. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs cash discounts shall be accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in accordance with which case the terms of said rental agreements. The rental of any such equipment, machinery, or parts cash discounts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 5. 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. 6. 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. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than 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, and royalty payments and fees for permits and licenses. e. 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, 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 City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar xxxxx cash items in connection with the Work. h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain.accrue to

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 Design/Builder in the proper performance of the Work. When the value of any Work covered by a Change OrderOrder 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 Design/Builder will be only those additional or incremental costs required because of the change of 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 Work. Such costs 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 but not be limited to the following itemsparagraph 10.01.B: 1. Payroll costs for employees in the direct employ of Contractor Design/Builder in the performance of the Work under schedules of job classifications agreed upon by City Owner and Contractor. Design/Builder. 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; a. , but not be limited to, salaries and 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 and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hoursafter regular working hours, Weekend Working Hourson Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by CityOwner. b. Such employees shall also include engineers, engineering technicians, architects, and others providing Design Professional Services. For purposes of this paragraph 10.01.A.1, Design/Builder shall be entitled to payment for such employees an amount equal to salary costs times a factor, both as designated in the Agreement, 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 Design/Builder unless Owner deposits funds with Design/Builder with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Design/Builder shall make provisions so that they may be obtained. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, 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. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Contractor Design/Builder to Subcontractors (excluding payments for Design Professional Services pursuant to paragraph 10.01.A.4) for Work performed or furnished by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as ContractorDesign/Builder’s Cost of the Work and fee as fee. 4. Payments made by Design/Builder for Design Professional Services provided in this Paragraph 11.01or furnished under a Design Subagreement. 5. 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. 6. Supplemental costs including the followingfollowing items: a. The proportion of necessary transportation, travel, travel and subsistence expenses of ContractorDesign/Builder’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, office and temporary facilities at the Site, 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 ContractorDesign/Builder. c. Rentals of all construction or engineering equipment and machinery and the parts thereof whether rented from Design/Builder 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 Contractor Design/Builder is liable not covered under Paragraph 6.11liable, as imposed by Laws and or Regulations. d. e. Deposits lost for causes other than negligence of ContractorDesign/Builder, any Subcontractor, 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. e. Losses and damages (f. Losses, damages, and related expenses) expenses caused by damage to the Work, Work not compensated by insurance or otherwise, sustained by Contractor Design/Builder in connection with the furnishing and performance of the Work, Work provided such losses and damages they have resulted from causes other than the negligence of ContractorDesign/Builder, 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 CityOwner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining ContractorDesign/Builder’s fee. f. g. The cost of utilities, fuel, and sanitary facilities at the Site. g. h. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services service at the Site, express and courier servicesexpressage, and similar xxxxx cash items in connection with the Work. h. The costs i. Cost of premiums for all bonds Bonds and insurance Contractor Design/Builder 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, necessarily incurred and paid by Contractor CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change OrderOrder 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 WorkWork or because of the event giving rise to the Claim. Such 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 include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to 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 City 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; a. , 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 Hoursregular working hours, Weekend Working Hourson Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by CityOWNER. 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 unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to 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. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, 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. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Contractor CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by CityOWNER, Contractor CONTRACTOR shall obtain competitive bids from subcontractors acceptable to City OWNER and Contractor CONTRACTOR and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01.such 54. 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. 65. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s 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 ContractorCONTRACTOR. 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 CONTRACTOR is liable not covered under Paragraph 6.11liable, as imposed by Laws and Regulations. d. e. Deposits lost for causes other than negligence of ContractorCONTRACTOR, any Subcontractor, or anyone directly or 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. e. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor CONTRACTOR in connection with the performance of the WorkWork (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 ContractorCONTRACTOR, 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 CityOWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee.for f. g. The cost of utilities, fuel, and sanitary facilities at the Site. g. h. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services service at the Site, express and courier servicesexpressage, and similar xxxxx cash items in connection with the Work. h. i. The costs of premiums for all bonds and insurance Contractor 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, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B4.01.B, and shall include but not be limited to 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 City 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; a. , 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, Weekend Working Hours, 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 CityOwner. 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 Construction Manager at Risk unless Owner deposits funds with Construction Manager at Risk with which to make payments, in which case the cash discounts shall accrue to 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. Rentals Cost of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved permits obtained by City, 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. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the WorkConstruction Manager at Risk. 4. Payments made by Contractor Construction Manager at Risk to Construction Subcontractors for Work performed or furnished by such Construction Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. 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 ContractorConstruction Manager at Risk’s Cost of the Work and fee as provided in this Paragraph 11.01fee. 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 engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed , retained for services specifically related to the Work. 68. Supplemental costs including the followingfollowing items: a. The proportion of necessary transportation, travel, travel and subsistence expenses of ContractorConstruction 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, office and temporary facilities at the Site, 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 ContractorConstruction 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 Contractor Construction Manager at Risk is liable not covered under Paragraph 6.11liable, as imposed by Laws and or Regulations. d. e. Deposits lost for causes other than negligence of ContractorConstruction 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. e. Losses and damages (f. Losses, damages, and related expenses) expenses caused by damage to the Work, Work not compensated by insurance or otherwise, sustained by Contractor Construction Manager at Risk in connection with the furnishing and performance of the Work, Work provided such losses and damages they have resulted from causes other than the negligence of ContractorConstruction 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 CityOwner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining ContractorConstruction Manager at Risk’s fee. f. g. The cost of utilities, fuel, and sanitary facilities at the Site. g. h. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services service at the Site, express and courier services, and similar xxxxx cash items in connection with the Work. h. The costs i. Cost of premiums for all bonds Bonds and insurance Contractor Construction Manager at Risk 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, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to 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 City 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; a. 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, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 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. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, 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. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 5. 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. 6. 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. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than 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, and royalty payments and fees for permits and licenses. e. 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, 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 City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar xxxxx cash items in connection with the Work. h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain.

Costs Included. The term Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work means the sum of all costs, except will be in amounts no higher than those excluded in Paragraph 11.01.B, necessarily commonly incurred and paid by Contractor in the proper performance locality of the Work. When the value of any Work covered by a Change OrderProject, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B13.01.C, and shall will include but not be limited to only the following items:: DRAFT 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 City Owner and ContractorContractor in advance of the subject Work. Such employees shall include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall will be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. , but are not 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, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hoursregular working hours, Weekend Working Hourson Saturday, Sunday, or legal holidays, shall will be included in the above to the extent authorized by CityOwner. 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 accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, 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. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by CityOwner, Contractor shall obtain competitive bids from subcontractors acceptable to City Owner and Contractor and shall deliver such bids to CityOwner, who which will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.0113.01. 54. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work. 65. Supplemental Other costs including consisting of 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. Sales1) In establishing included costs for materials such as scaffolding, consumerplating, useor sheeting, and other similar taxes related consideration will be given to the Work, and actual or the estimated life of the material for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes use on other than negligence of Contractor, any Subcontractor, projects; or anyone directly or indirectly employed by any of them or for whose acts any of them rental rates may be liableestablished on the basis of purchase or salvage value of such items, and royalty payments and fees whichever is less. Contractor will not be eligible for permits and licenses. e. Losses and damages (and related expenses) caused by damage to compensation for such items in an amount that exceeds the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, 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 City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The purchase cost of utilities, fuel, and sanitary facilities at the Sitesuch item. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar xxxxx cash items in connection with the Work. h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain.