REA Final - 22 Dec 20 - eBook - 1682 pages

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EXHIBIT “C” Attachment to Agreement No. 1213126J-000.620027 dated July 16, 2018, by and between Spearhead Construction LLC. and Skanska/Walsh JV for Furnish and Install Building Framing & Partitions for Pedestrian Bridge B at LaGuardia Central Terminal Building Replacement Project, Queens, New York.

4. Material Cost and Labor Rate Definition Subcontractor shall perform changes in Scope of Work in accordance with qualifications of acceptable material costs, predetermined rates for labor, and predetermined percentages for overhead and profit as stated and defined herein. Second-tier subcontractors and suppliers of Subcontractor shall be required to comply with these same definitions when performing changes in scope under the direction and supervision of Subcontractor. A) Qualifications of Material Costs For materials or equipment purchased by Subcontractor the following shall be considered: 1) All material deliveries shall be priced as FOB Jobsite. 2) "Invoiced" amount shall be based on and include all trade, volume, or cash discounts. 3) All materials shall be competitively bid by Subcontractor where possible and maintain records of same. 4) Overhead and Profit percentages will NOT be placed on SALES TAX cost. B) Field Labor/Shop Labor Rates shall be submitted for approval by Owner and Contractor for each trade employed and each worker level up to and including General Foreman with rate including base hourly rate, fringe benefits, insurance, taxes, and other trade and labor agreement provisions having effect on cost. Premium rate differential shall be submitted for all shifts and other "premium" conditions that may occur. If additional work is performed during premium shift time, Contractor will allow Overhead and Profit mark-up percentages on the base rate only and NOT on the Premium Rate differential. C) Onsite Supervisory Personnel The ratio of General Foreman, Area Foreman and other supervisory classification, which Contractor will be obligated to compensate as such to subcontractor, will be based on applicable Local Labor Trade Agreements. All supervisory requirements must be reviewed with and approved by Contractor's Field Superintendent, if additional supervision is required due to location and volume of work being conducted simultaneously. D) Subcontractor Owned Equipment 1) Prior to bringing equipment onto the Site, Subcontractor shall furnish Contractor a statement or applicable rental equipment listing containing the equipment description. 2) The rental rate schedule, listing hourly, daily, weekly, and monthly rates. 3) When brought to the Site, all such equipment shall be in good operating condition 4) Equipment rentals shall be billed at seventy-five percent (75%)or the most favorable rate (i.e. daily, weekly, monthly) in a published standard accepted by the Contractor. 5) The rental period shall commence the day the equipment is first utilized on the Work and terminate the day the need or use for the equipment in performance of the Work has ended. 6) Transportation to the Site and mobilization and demobilization shall be considered a reimbursable cost; however, if the equipment is transferred elsewhere, the transportation shall not be considered a reimbursable cost unless the equipment is returned to a holding yard off the Site of Work. E) Third Party Rentals 1) Actual invoice cost for tools and equipment leased or rented from outside sources is reimbursable provided that equipment’s initial purchase price (IPP) is $1,000 (before sales tax and freight, including

Exhibit C, Page 10 of 12

Alternates, Unit Prices, and Labor Rates

Version 4.0

(05.2009 ed. Rev. 1)