|
•
<br />SEGTION IV -MEANING OF TElIA'!S
<br />4.1. As used herein the term "this Agreement" rFfers to tl:ae
<br />Lc~tter Agreement to which these General Provisions are att<~.ched
<br />and to these general Frovi_si.ons and Exhibit A "Funkier
<br />Description of }3asi.c Engineering ti,ervicc.s and Related Matt~:rs",
<br />.s if they were par. t of one anal the same doc~.iment .
<br />4.2. The r_.onst.r~?ct.i.or~ r_,or,t of the entire ProjE:ct. (hcrr~in
<br />referred to as "Constructi.on Cost") means the total cost of the
<br />entire Project to OWNER, but it. will nat. includ? ENGINEER'S
<br />compensation and o•xpcnses, the cost of. land, rights~of-way, or
<br />compensation far r,r damages to, propert~.eS unless this Agreerent
<br />so specifies, r~or will it include OWNER'S legal, acco~an.ti.ng,
<br />insurance counseling or auditing services, or interest sand
<br />financing charges ine~.irred in connection with thf~ proj~~~ct. When
<br />Construction Cost. is used aS a basis for payment it. wi.l1 be based
<br />on one of the following sources witri precedence in t1--e order
<br />listed for work designed or specified by ENGINF'ER.
<br />4.2.1. For completed. construction wort=, tliF:,• total cost c~.>` :~11
<br />work performed as designed or specified by ENGINEER.
<br />4.2.2. For work dF:si.gned or speci.f.ied but riot constructed, the
<br />lowest bona fide bid .received from a qualified biclde.r .fo.r such.
<br />work; or, if t}iu work is not bid, tree lowest bona fide r~egoti.at,Fd
<br />proposal .f.or such work.
<br />4.2.3. Fr,r work designed c>r specified but riot. constructed upon
<br />which no such bid or proposal is received, the most recent
<br />estimate of Construction Cost, or, if r~onP is available,
<br />ENGINEER'S mast. recent opinion of. probably Constr~.~ctian Cost.
<br />Labor furnished r..y OWNER for the Project will be included in t.lie
<br />Construction Cost. a.t current market rates incluc:ling a reasoiiable
<br />allowance for ove.rh.earl and profit . Materials and equipment
<br />furnished by OWNER wi.l1. be iticl~.~de d at current market pricers . No
<br />ded.uetion is to be made from ENGINEER' s camper~sation on account.
<br />of any penalty, liquidated damages, or other amounts withheld
<br />from payments to Contractor (S) .
<br />4.:3. The, per d.i<1m r.•<ateS ~.zsc:d ~:~s a. }-,a.~.i.s for p-:~ymont, mean th~~
<br />salaries and wages p~.tid to a.ll personnel er.~gaged dir. ec:tly on t.}-lt,
<br />ProjECt, i.ncluctin~;, b~.ft not li.mi_ted i;r,, c.tiginef•x•s, ax•criitects,
<br />surveymen, design<~.rs, draftsmen, specification. writf:r_s,
<br />estimator.,, <~tlier. tc:clini.cal. pf rsonnt~~:l. , ~,tr nagx•:~pher, typis is :°~nd
<br />r:l,-~rks; ir~clud.in~~ t1-e co:;t. of customary ~tnd stat.tator.•y bE~ne:fil:.s
<br />i.ncludi.ng, hut. riot. li.mitFd to, social sec~.xrity contribtiti.ons,
<br />~_~r~emplc~.vmE:nt, e.:~ci.se and payroll taxes, workmen's cc,mponsations,
<br />health rind r.<~tir.•s;m~:nt ben.e-.:fits, sick lc~._~ve, vac~~.tion .and holiday
<br />pay appl i crib 1 e the.retc> .
<br />Page 13 of 1.7
<br />
|