Common use of Labor Costs Clause in Contracts

Labor Costs. a. Wages of construction workers directly employed by Construction Contractor to perform the construction of the Work at the Project site or, with Owner’s written agreement, at off-site workshops. Costs to be reimbursed will be the actual wages paid to the individuals performing the work. b. Wages or salaries of Construction Contractor’s supervisory and administrative personnel who are stationed at the Project site with Owner’s written agreement. c. Wages and salaries of Construction Contractor’s supervisory and administrative personnel engaged at factories, workshops or on the road in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work and only with Owner’s written agreement as in Subsection 5.A.1.b above. d. The parties hereby establish the fixed markup rate of thirty-five percent (35%) for all labor burden, including all taxes, insurance (except workers compensation and general liability), contributions, assessments and benefits required by law and collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such markup is to apply only upon those wages and salaries included in the Cost of the Work under Subsections 5.A.1.a through A.1.c, above. Further, such labor burden shall not include amounts for items specified in Subsection 5.B.3 that are to be excluded from the Cost of the Work. Construction Contractor’s “General Conditions” expenses, that are to be more particularly itemized in an Attachment to the GMP Amendment and incorporated therein by reference, are a lump sum to be paid as the Work progresses with each Application for Payment based on the percentage of completion. Many of the labor costs itemized in this Subsection 5.A.1 are included in General Conditions’ expenses, whether or not specifically noted as such, and are not to be billed separately. Construction Contractor shall promptly report to Owner any occasion in which the labor/payroll rates paid to personnel is lower than the estimated price included in the GMP Attachment for the General Conditions expense. Further, Owner reserves the right to audit Contractor’s payroll. And Construction Contractor shall promptly make available to Owner all records necessary for such purpose.

Labor Costs. a. Wages of construction workers directly employed by Construction Contractor to perform the construction of the Work at the Project site or, with Owner’s written agreement, at off-site workshops. Costs to be reimbursed will be the actual wages paid to the individuals performing the work. b. Wages or salaries of Construction Contractor’s supervisory and administrative personnel who are stationed at the Project site with Owner’s written agreement. c. Wages and salaries of Construction Contractor’s supervisory and administrative personnel engaged at factories, workshops or on the road in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work and only with Owner’s written agreement as in Subsection 5.A.1.b subsection A.1.b above. d. The parties hereby establish the fixed markup rate of thirty-five percent (35%) for all labor burden, including all taxes, insurance (except workers compensation and general liability), contributions, assessments and benefits required by law and collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such markup is to apply only upon those wages and salaries included in the Cost of the Work under Subsections 5.A.1.a subsections A.1.a through A.1.c, above. Further, such labor burden shall not include amounts for items specified in Subsection subsection 5.B.3 that are to be excluded from the Cost of the Work. Construction Contractor’s “General Conditions” expenses, that are to be more particularly itemized in an Attachment to the GMP Amendment and incorporated therein by reference, are a lump sum to be paid as the Work progresses with each Application for Payment based on the percentage of completion. Many of the labor costs itemized in this Subsection subsection 5.A.1 are included in General Conditions’ Conditions expenses, whether or not specifically noted as such, and are not to be billed separately. Construction Contractor shall promptly report to Owner any occasion in which the labor/payroll rates paid to personnel is lower than the estimated price included in the GMP Attachment for the General Conditions expense. Further, Owner reserves the right to audit Contractor’s payroll. And payroll and Construction Contractor shall promptly make available to Owner all records necessary for such purpose.

Labor Costs. a. Wages of construction workers directly employed by Construction Contractor to perform the construction of the Work at the Project site or, with Owner’s written agreement, at off-site workshops. Costs to be reimbursed will be the actual wages paid to the individuals performing the work. b. Wages or salaries of Construction Contractor’s supervisory and administrative personnel who are stationed at the Project site with Owner’s written agreement. c. Wages and salaries of Construction Contractor’s supervisory and administrative personnel engaged at factories, workshops or on the road in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work and only with Owner’s written agreement as in Subsection 5.A.1.b A.1.b above. d. The parties hereby establish the fixed markup rate of thirty-five percent (35%) for all labor burden, including all taxes, insurance (except workers compensation and general liability), contributions, assessments and benefits required by law and collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such markup is to apply only upon those wages and salaries included in the Cost of the Work under Subsections 5.A.1.a A.1.a through A.1.c, . above. Further, such labor burden shall not include amounts for items specified in Subsection 5.B.3 that are to be excluded from the Cost of the Work. Construction Contractor’s “General Conditions” expenses, that are to be more particularly itemized in an Attachment to the GMP Amendment and incorporated therein by reference, are a lump sum to be paid as the Work progresses with each Application for Payment based on the percentage of completion. Many of the labor costs itemized in this Subsection subsection 5.A.1 are included in General Conditions’ Conditions expenses, whether or not specifically noted as such, and are not to be billed separately. Construction Contractor shall promptly report to Owner any occasion in which the labor/payroll rates paid to personnel is lower than the estimated price included in the GMP Attachment for the General Conditions expense. Further, Owner reserves the right to audit Contractor’s payroll. And payroll and Construction Contractor shall promptly make available to Owner all records necessary for such purpose.

Labor Costs. a. Wages § 7.2.1 With the Owner’s prior written approval, wages or salaries of construction workers directly employed by the Construction Contractor Manager to perform the construction of the Work at the Project site or, with Owner’s written agreement, Site or at off-site Site workshops. Costs to be reimbursed will be Construction § 7.2.2 With the actual Owner’s prior approval, wages paid to the individuals performing the work. b. Wages or salaries of the Construction ContractorManager’s supervisory and administrative personnel who are stationed at assigned to the Project, including but not limited to an estimator, scheduler(s), safety personnel, a Project manager, a Project administrator, superintendent(s) and operations managers, but only for that portion of the time required for the Project, all of whom shall be paid as part of Construction Manager's General Conditions Costs set forth in Attachments 5 and 5.1 to the Final Guaranteed Maximum Price Amendment. Supervisory and administrative personnel providing only a portion of their time to the Project site with Owner’s written agreementshall be frequently assessed and reviewed by the Construction Manager, Project Manager, and Owner to agree upon the time or percentage of time portioned to the Project. c. § 7.2.3 Wages and salaries of the Construction ContractorManager’s supervisory and or administrative personnel assigned to the Project who are engaged at factories, workshops or on the road while traveling, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work on the Project, which shall be paid as Construction Manager's General Conditions Costs set forth in Attachments 5 and only with Owner’s written agreement as in Subsection 5.A.1.b above5.1 to the Final Guaranteed Maximum Price Amendment. d. The parties hereby establish § 7.2.4 Costs paid or incurred by the fixed markup rate of thirty-five percent (35%) Construction Manager, as required by law or collective bargaining agreements, for all labor burden, including all employment taxes, insurance (except workers compensation and general liability)insurance, contributions, assessments and benefits required by law and collective bargaining agreements and, for personnel not covered by such collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensionspensions or other incentive compensation or benefits (but not discretionary or merit bonuses), included as part of Construction Manager's usual compensation package, provided such markup is to apply only upon those costs are based on wages and salaries included in the Cost of the Work under Subsections 5.A.1.a Sections 7.2.1 through A.1.c, above7.2.3. Further, such labor burden shall not include amounts for items specified in Subsection 5.B.3 that Such costs are referred to be excluded from the Cost of the Work. Construction Contractor’s “General Conditions” expenses, that are to be more particularly itemized in an Attachment to the GMP Amendment and incorporated therein by reference, are a lump sum to be paid as the Work progresses with each Application for Payment based on the percentage of completion. Many of the labor costs itemized in this Subsection 5.A.1 "Labor Burden" which are included in General Conditions’ expensesthe rates established in Attachment 5.1 to the Final Guaranteed Maximum Price Amendment for each position as set forth therein. § 7.2.5 The stipulated labor costs provided in Attachment 5.1 to the Final Guaranteed Maximum Price Amendment shall remain unchanged throughout the duration of this Agreement, whether or not specifically noted as such, unless the parties execute a Modification. § 7.2.6 Any labor rates and/or Labor Burden set forth in Attachments 5 and 5.1 to the Final Guaranteed Maximum Price Amendment are not to be billed separately. Construction Contractor shall promptly report to Owner any occasion in which the labor/payroll rates paid to personnel is lower than the estimated price included in the GMP Attachment fixed and final for the General Conditions expenseduration of the Project. FurtherOwner shall be entitled to verify the calculation of the fixed rate times the applicable multiplier. Owner agrees that the rates, Owner reserves the right multipliers and other fixed percentages and amounts applicable to audit Contractor’s payroll. And Construction Contractor shall promptly make available insurance are subject to Owner all records necessary for such purposereview and audit.

Labor Costs. a. Wages of construction workers directly employed by Construction Contractor to perform the construction of the Work at the Project site or, with Owner’s written agreement, at off-site workshops. Costs to be reimbursed will be the actual wages paid to the individuals performing the work. b. Wages or salaries of Construction Contractor’s supervisory and administrative personnel who are stationed at the Project site with Owner’s written agreement. c. Wages and salaries of Construction Contractor’s supervisory and administrative personnel engaged at factories, workshops or on the road in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work and only with Owner’s written agreement as in Subsection 5.A.1.b A.1.b above. d. The parties hereby establish the fixed markup rate of thirty-five percent (35%) for all labor burden, including all taxes, insurance (except workers compensation and general liability), contributions, assessments and benefits required by law and collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such markup is to apply only upon those wages and salaries included in the Cost of the Work under Subsections 5.A.1.a A.1.a through A.1.c, above. Further, such labor burden shall not include amounts for items specified in Subsection 5.B.3 that are to be excluded from the Cost of the Work. Construction Contractor’s “General Conditions” expenses, that are to be more particularly itemized in an Attachment to the GMP Amendment and incorporated therein by reference, are a lump sum to be paid as the Work progresses with each Application for Payment based on the percentage of completion. Many of the labor costs itemized in this Subsection subsection 5.A.1 are included in General Conditions’ Conditions expenses, whether or not specifically noted as such, and are not to be billed separately. Construction Contractor shall promptly report to Owner any occasion in which the labor/payroll rates paid to personnel is lower than the estimated price included in the GMP Attachment for the General Conditions expense. Further, Owner reserves the right to audit Contractor’s payroll. And payroll and Construction Contractor shall promptly make available to Owner all records necessary for such purpose.

Labor Costs. a. § 7.2.1 Wages or salaries of construction workers directly employed by Construction Contractor the CM/GC to perform the construction of the Work at the Project site or, with the Owner’s written agreementprior approval, at off-site workshops. Costs All labor costs shall be based on standard rates as shown in Exhibit Q hereto. Preconstruction labor rates are set forth in Exhibit B. § 7.2.1.1 It is the intent of the parties that neither wages nor labor burden of construction workers will include a mark-up, or an adder, for small tools or consumable supplies or any other non-labor related element of cost. The parties agree that those costs are to be reimbursed will directly charged to the Project at actual cost or as provided in Articles 7 and 8 of this Agreement, which shall be the actual wages paid to same for Work under any Change Order. CM/GC shall not authorize any overtime, whether of its own workers or of its Subcontractors of any tier and their workers, without the individuals performing prior written consent of the workOwner. Such overtime will not increase the CM/GC’s Fee under this Agreement without Owner’s prior written approval. The CM/GC shall include a comparable provision in its subcontracts with its Subcontractors. See Exhibit Q hereto for approved labor/trade rates. b. § 7.2.2 Wages or salaries of Construction Contractorthe CM/GC’s supervisory and administrative personnel who are when stationed at the Project site (or for supervisory personnel as a result of social distancing at the home office or employee’s home) and performing Work, with the Owner’s written agreementprior approval, and only for that portion of the time required for the Work. c. § 7.2.3 Wages and or salaries of Construction Contractorthe CM/GC’s supervisory and or administrative personnel engaged at factoriesany location, workshops or on the road including in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work and only with Owner’s written agreement as in Subsection 5.A.1.b aboveWork. d. The parties hereby establish § 7.2.4 Costs paid or incurred by the fixed markup rate of thirty-five percent (35%) CM/GC, as required by law or collective bargaining agreements, for all labor burdentaxes , including all taxes, insurance (except workers compensation and general liability)insurance, contributions, assessments assessments, and benefits required by law and collective bargaining agreements and, for personnel not covered by such collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such markup is to apply only upon those costs are based on wages and salaries included in the Cost of the Work under Subsections 5.A.1.a Sections 7.2.1 through A.1.c7.2.3. § 7.2.5 Costs for vacations, above. Furtherholidays, such labor burden and sick leave shall not include amounts for items specified in Subsection 5.B.3 that are be prorated to be excluded from the Cost of the Work. Construction Contractor’s “General Conditions” expenses, that are to be more particularly itemized in an Attachment to the GMP Amendment and incorporated therein by reference, are a lump sum to be paid as the Work progresses with each Application for Payment of this Project based on the percentage time spent by each person on this Project as opposed to other projects as part of completion. Many CM/GC’s fully burdened rates set forth in Exhibits Q/B. § 7.2.6 If agreed rates for labor costs, in lieu of the labor costs itemized actual costs, are provided in this Subsection 5.A.1 are included in General Conditions’ expensesAgreement, whether or not specifically noted as suchthe rates shall remain unchanged throughout the duration of this Agreement, and are not to be billed separately. Construction Contractor shall promptly report to Owner any occasion in which unless the labor/payroll rates paid to personnel is lower than the estimated price included in the GMP Attachment for the General Conditions expense. Further, Owner reserves the right to audit Contractor’s payroll. And Construction Contractor shall promptly make available to Owner all records necessary for such purposeparties execute a Modification.

Labor Costs. a. Wages of construction workers directly employed by Construction Contractor to perform the construction of the Work at the Project site or, with Owner’s written agreement, at off-site workshops, provided, however, that such wages shall not exceed the standard, customary or going wage rates in the place of the Project. Costs to be reimbursed will be the actual wages paid to the individuals performing the work. b. Stated Labor Wages or salaries (but not profit sharing) of Construction Contractor’s supervisory and administrative personnel who are listed by name and title on Attachment 7 to Composite Exhibit “A” when providing services to the Project whether stationed at the Project site or otherwise. Wages and salaries (but not bonuses, profit sharing or incentive compensation) of Contractor’s supervisory or administrative personnel engaged with Owner’s written agreement. c. Wages and salaries of Construction Contractor’s supervisory and administrative personnel engaged approval, at factories, workshops or on the road road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their verifiable time required for the Work and only with Owner’s written agreement as in Subsection 5.A.1.b above. d. The parties hereby establish the fixed markup rate of thirty-five percent (35%) Work. Costs paid or incurred by Contractor for all labor burden, including all taxes, insurance (except workers compensation and general liability)insurance, contributions, assessments and benefits required by law and or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such markup is to apply only upon those costs are based on wages and salaries included in the Cost of the Work under Subsections 5.A.1.a Paragraphs 7.2.1 through A.1.c, above. Further, such labor burden 7.2.3 and shall not include amounts bonuses, profit sharing or incentive compensation. Notwithstanding the foregoing or anything else in the Contract Documents to the contrary, the aggregate reimbursable labor costs for items specified in Subsection 5.B.3 that are to be excluded from Contractor’s personnel included within the Cost of the WorkWork shall the stated wage or salary rates specified in Attachment 7 to Composite Exhibit “A” (which includes all labor burden) (the “Stated Rates”). Construction Contractor’s As used in the Contract Documents, the term “labor burden” shall mean only the items listed in Attachment 7 to Composite Exhibit “A”. Any Change Order executed pursuant to Paragraph 2.1.2 of this Agreement shall not include or in any way entitle Contractor to receive any General Conditions” expenses, that are to be more particularly itemized in an Attachment which relate to the GMP Amendment and incorporated therein by reference, are a lump sum to be paid as project management or supervisory personnel’s time either supervising or otherwise dealing with the Work progresses with each Application for Payment based on the percentage of completion. Many of the labor costs itemized in this Subsection 5.A.1 are included in General Conditions’ expenses, whether or not specifically noted as such, and are not to be billed separately. Construction Contractor shall promptly report to Owner any occasion in which the labor/payroll rates paid to personnel is lower than the estimated price included in the GMP Attachment for the General Conditions expense. Further, Owner reserves the right to audit Contractor’s payroll. And Construction Contractor shall promptly make available to Owner all records necessary for such purposeAllowance item.