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transportation and storage thereof, and Suppliers' field compensated by insurance or otherwise, sustained by
<br /> services required in connection therewith. All cash CONTRACTOR in connection with the performance of
<br /> discounts shall accrue to CONTRACTOR unless the Work (except losses and damages within the
<br /> ' OWNER deposits funds with CONTRACTOR with deductible amounts of property insurance established in
<br /> which to make payments, in which case the cash accordance with paragraph 5.06. 13), provided
<br /> such
<br /> discounts shall accrue to OWNER. All trade discounts, losses and damages have resulted from causes other
<br /> rebates and refunds and returns from sale of surplus than the negligence of CONTRACTOR, any
<br /> materials and equipment shall accrue to OWNER, and Subcontractor, or anyone directly or indirectly employed
<br /> CONTRACTOR shall make provisions so that they may by any of them or for whose acts any of them may be
<br /> be obtained. liable. Such losses shall include settlements made with
<br /> the written consent and approval of OWNER. No such
<br /> 3. Payments made by CONTRACTOR to losses , damages, and expenses shall be included in the
<br /> Subcontractors for Work performed by Subcontractors. Cost of the Work for the purpose of determining
<br /> If required by OWNER, CONTRACTOR shall obtain CONTRACTOR's fee.
<br /> competitive bids from subcontractors acceptable to
<br /> ' OWNER and CONTRACTOR and shall deliver such g.The cost of utilities, fuel, and sanitary facilities at
<br /> bids to OWNER, who will then determine, with the the Site.
<br /> advice of ENGINEER, which bids, if any, will be
<br /> acceptable. If any subcontract provides that the h. Minor expenses such as telegrams, long
<br /> Subcontractor is to be paid on the basis of Cost of the distance telephone calls , telephone service at the Site,
<br /> ' Work plus a fee, the Subcontractor's Cost of the Work expressage, and similar petty cash items in connection
<br /> and fee shall be determined in the same manner as with the Work.
<br /> CONTRACTOR's Cost of the Work and fee as provided
<br /> in this paragraph 11 .01 . i. When the Cost of the Work is used to
<br /> determine the value of a Change Order or of a Claim,
<br /> 4. Costs of special consultants (including but not the cost of premiums for additional Bonds and
<br /> limited to engineers , architects, testing laboratories , insurance required because of the changes in the Work
<br /> surveyors, attorneys , and accountants) employed for or caused by the event giving rise to the Claim.
<br /> services specifically related to the Work.
<br /> j. When all the Work is performed on the basis of
<br /> 5. Supplemental costs including the following: cost-plus, the costs of premiums for all Bonds and
<br /> insurance CONTRACTOR is required by the Contract
<br /> ' a. The proportion of necessary transportation, Documents to purchase and maintain .
<br /> travel, and subsistence expenses of CONTRACTOR's
<br /> employees incurred in discharge of duties connected B. Costs Excluded. The term Cost of the Work shall not
<br /> with the Work. include any of the following items:
<br /> b. Cost, including transportation and maintenance, 1 . Payroll costs and other compensation of
<br /> of all materials, supplies, equipment, machinery, CONTRACTOR's officers, executives, principals (of
<br /> appliances, office, and temporary facilities at the Site, partnerships and sole proprietorships), general manag-
<br /> and hand tools not owned by the workers, which are ers, engineers, architects, estimators, attorneys, audi-
<br /> consumed in the performance of the Work, and cost, tors , accountants, purchasing and contracting agents,
<br /> less market value, of such items used but not con- expediters, timekeepers, clerks , and other personnel
<br /> sumed which remain the property of CONTRACTOR. employed by CONTRACTOR, whether at the Site or in
<br /> CONTRACTOR's principal or branch office for general
<br /> C. Rentals of all construction equipment and administration of the Work and not specifically included
<br /> machinery, and the parts thereof whether rented from in the agreed upon schedule of job classifications
<br /> CONTRACTOR or others in accordance with rental referred to in paragraph 11 .01A. 1 or specifically
<br /> ' agreements approved by OWNER with the advice of covered by paragraph 11 .01 .A.4, all of which are to be
<br /> ENGINEER, and the costs of transportation, loading, considered administrative costs covered by the
<br /> unloading, assembly, dismantling, and removal thereof. CONTRACTOR's fee.
<br /> All such costs shall be in accordance with the terms of
<br /> said rental agreements . The rental of any such equip- 2. Expenses of CONTRACTOR's principal and
<br /> ment, machinery, or parts shall cease when the use branch offices other than CONTRACTOR's office at the
<br /> thereof is no longer necessary for the Work. Site.
<br /> d. Sales, consumer, use, and other similar taxes 3.Any part of CONTRACTOR's capital expenses,
<br /> ' related to the Work, and for which CONTRACTOR is including interest on CONTRACTOR's capital employed
<br /> liable, imposed by Laws and Regulations . for the Work and charges against CONTRACTOR for
<br /> delinquent payments.
<br /> '
<br /> e . Deposits lost for causes other than negli-
<br /> gence of CONTRACTOR, any Subcontractor, or anyone 4. Costs due to the negligence of CONTRACTOR,
<br /> directly or indirectly employed by any of them or for any Subcontractor, or anyone directly or indirectly
<br /> whose acts any of them may be liable, and royalty employed by any of them or for whose acts any of them
<br /> payments and fees for permits and licenses. may be liable, including but not limited to, the correction
<br /> of defective Work, disposal of materials or equipment
<br /> f. Losses and damages (and related wrongly supplied, and making good any damage to
<br /> expenses) caused by damage to the Work, not property.
<br /> ' 6706-38392\8/20/03 00700-25 VRB
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