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Project Manual 11-210C - Ramapo College of New Jersey

Project Manual 11-210C - Ramapo College of New Jersey

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operation will only be approved for actual operation for the approved change in work. For<br />

verification <strong>of</strong> the rate charged, the Contractor shall furnish a comparable rental rate from a<br />

vendor.<br />

3. Direct Labor – The term direct labor shall include working foremen (non-working foremen are<br />

considered overhead), journeymen, apprentices, equipment operators, and/or laborers directly<br />

assigned to the approved change in work by the Contractor. The total hourly rate shall be<br />

calculated and include only the following:<br />

a. Base hourly rate consistent with the requirements <strong>of</strong> the <strong>New</strong> <strong>Jersey</strong> Prevailing Wage<br />

Act law.<br />

b. Labor burden shall only include social security and medicare taxes, federal<br />

unemployment taxes, state unemployment taxes, and workman’s compensation.<br />

c. Fringe costs shall only include, if applicable, welfare, pension, annuity, and<br />

education/training benefits. Costs such as small tools, vacation, etc. are considered<br />

overhead costs)<br />

4. Indirect Costs – Included are costs which are neither direct construction material, equipment, or<br />

labor costs. Allowable indirect costs are for document reproduction <strong>of</strong> drawings only,<br />

engineering if applicable, premium freight charges if approved by the <strong>College</strong>, and permits. No<br />

other indirect costs will be considered. Copies <strong>of</strong> invoices are to be provided for billing<br />

verification.<br />

5. Subcontracted Work – All subcontracted work shall be itemized similar to items 1 through 4<br />

above. The Contractor agrees to incorporate this provision in each <strong>of</strong> its subcontracts. A<br />

maximum Subcontractor markup <strong>of</strong> 10% (overhead and pr<strong>of</strong>it included) shall be applied to their<br />

total direct material, equipment, labor, and indirect costs. The 10% markup shall apply to<br />

deleted work as well. Subcontractor breakdowns are to be provided for billing verification.<br />

6. Markup – A markup <strong>of</strong> 5% shall be applied to the subtotal <strong>of</strong> items 1 through 5. This markup<br />

shall cover overhead costs such as dumpsters, <strong>of</strong>fice personal, project managers, field<br />

superintendents, mailing, reproduction, safety, temporary utilities, company vehicles and<br />

mileage, etc. and pr<strong>of</strong>it. Costs not defined in items 1 through 5 are considered overhead. The<br />

5% markup shall apply to deleted work as well.<br />

7. Bond and Insurance Premiums – A maximum <strong>of</strong> 1% shall be applied to the subtotal <strong>of</strong> items 1<br />

through 6 above.<br />

When more than one tier <strong>of</strong> subcontracts exists, for the purpose <strong>of</strong> markups, they shall be treated as on subcontract.<br />

14.2.5 When there is an agreement on equitable adjustment <strong>of</strong> the contract sum and time, the Construction<br />

Manager will prepare a Change Order which will formally adjust the contract sum and/or milestone dates.<br />

14.2.6 The Contracting Officer in order to avoid delays in the progress <strong>of</strong> work or when in the best<br />

interest <strong>of</strong> the <strong>College</strong>, at its discretion, may direct the Contractor, in writing, to proceed with a change without a<br />

prior agreement on costs or when the work is disputed to be within the contract. Such direction shall be in the form<br />

<strong>of</strong> a letter <strong>of</strong> direction. If the Contractor intends to assert a request for an equitable adjustment under this Article, he<br />

must do so to the Contracting Officer or, if instructed, to its designated Construction Manager in sufficient detail and<br />

in accordance with this Article, within seven (7) calendar days after receipt <strong>of</strong> the letter <strong>of</strong> direction.<br />

14.2.7 If an agreement cannot be reached on a lump sum change order request, the Contracting Officer<br />

may direct the Contractor, in writing, to proceed with the change on a “time and material” basis, not to exceed the<br />

amount proposed in the change order request. The entire scope <strong>of</strong> the change must be completed at no additional<br />

cost to the <strong>College</strong> regardless if the actual cost exceeds the proposed amount.<br />

RCNJ <strong>Project</strong> No.: 09-270.1C - 54 -

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