Common use of Reimbursable Component Clause in Contracts

Reimbursable Component. Together with each Application for Payment for the Fixed Component submitted pursuant to Section 5.1.8.1 above and between the 15th and 20th day of each month after the month in which the Full Notice to Proceed occurs, Contractor shall submit to Owner an Application for Payment for the Reimbursable Component filled out and signed by Contractor. Each Application for Payment for the Reimbursable Component shall describe (a) the amount of Craft Labor performed in the previous biweekly period including backup for the hours worked and wage rates to include Craft Labor Hours expended to date, Craft Labor Hours expected to be expended during the estimate period included in such Application for Payment pursuant to Section 5.1.4, reconciliation of the actual field Craft Labor performed versus the estimate therefor reflected in the prior biweekly or other applicable invoices and such other matters as required to verify and justify payments of the Reimbursable Component as described in Section 5.1.4, (b) the Reimbursable Component amount of any agreed Change Order Work performed stating specifically the Work performed and the Change Order supporting the payment, (c) any other amount payable with respect to the Reimbursable Component pursuant to this Agreement together with supporting documentation which reasonably demonstrates the cost of such Work and identifies the provisions of this Agreement which designate such costs as a Reimbursable Component, and (d) all Craft Labor Hours resulting from error, negligence, defects or deficiencies in engineering or in the performance of the Work (beyond that which is normal re-work activity customary in the industry in accordance with Prudent Industry Practices) which shall be separately identified but shall not be part of the Reimbursable Component or otherwise payable by Owner to Contractor.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Agreement (Ada-Es Inc), Engineering, Procurement and Construction Agreement (Ada-Es Inc)

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Reimbursable Component. Together with each Application for Payment for The estimated Reimbursable Component is *, as more specifically set forth in Appendix S, attached hereto. The “Reimbursable Component” consists of the Fixed Component submitted pursuant costs described in Appendix N. Prior to Section 5.1.8.1 above and between the 15th and 20th day date of each month after the month in which the Full Notice to Proceed occursProceed, Contractor shall submit develop and provide to Owner an Application a detailed “bottom up” labor estimate, itemized by installed item of Equipment that includes for Payment for the Reimbursable Component filled out and signed by Contractor. Each Application for Payment for the Reimbursable Component shall describe each item: (a) the amount of expected man-hours, by classification within each Craft Labor performed in Category to install such Equipment, and (b) the previous biweekly period including backup average apprentice and journeyman rate for each Craft Labor Category (the hours worked “Craft Labor Cost Estimate”) which is attached as Appendix K. As used above “item” includes each and wage rates every individual engineered product, all non-engineered procured items and each individual bulk material item used to include install and interconnect each engineered and non-engineered item of Equipment, inclusive of all support utility materials. Prior to the date of the Full Notice to Proceed, Contractor shall provide to Owner a detailed estimate of the Reimbursable Component (the “Reimbursable Component Estimate”). All labor other than on-site Craft Labor is part of the Fixed Component. The Craft Labor Cost Estimate which is the basis for determining the estimated total Craft Labor Hours expended to date, and the Craft Labor Hours expected target amount for the Work (the “Craft Labor Hour Target”) is set forth in Appendix K. The wage rates for the Craft Labor Cost Estimate were developed by Contractor through a labor survey in the relevant region, and such survey shall be provided to Owner on or before the Commencement Date so that Owner and Contractor can collectively agree on a wage rate strategy for attracting the necessary Craft Labor. Base Craft Labor rates and per diem as agreed upon by the Parties are set forth in Appendix K. As Work on the Project progresses, if Contractor demonstrates to Owner that the stipulated Craft Wage Rates or per diem need to be expended during increased to attract and retain qualified Craft Labor based upon market conditions or can be decreased without reducing productivity or availability of labor, the estimate period included in such Application for Payment new rates will be implemented and associated cost will be reimbursable, subject to the Craft Labor productivity reconciliation pursuant to Section 5.1.4, reconciliation of the actual field Craft Labor performed versus the estimate therefor reflected in the prior biweekly or other applicable invoices and such other matters as required to verify and justify payments of the Reimbursable Component as described in Section 5.1.4, (b) the Reimbursable Component amount of any agreed Change Order Work performed stating specifically the Work performed and the Change Order supporting the payment, (c) any other amount payable with respect to the Reimbursable Component pursuant to this Agreement together with supporting documentation which reasonably demonstrates the cost of such Work and identifies the provisions of this Agreement which designate such costs as a Reimbursable Component, and (d) all Craft Labor Hours resulting from error, negligence, defects or deficiencies in engineering or in the performance of the Work (beyond that which is normal re-work activity customary in the industry in accordance with Prudent Industry Practices) which shall be separately identified but shall not be part of the Reimbursable Component or otherwise payable by Owner to Contractor.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Agreement (Ada-Es Inc), Engineering, Procurement and Construction Agreement (Ada-Es Inc)

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