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directly or indirectly employed by any of them or
<br />for whose acts any of them may be liable, and
<br />royalty payments and fees for permits and
<br />licenses.
<br />f. Losses and damages (and related expenses)
<br />caused by damage to the Work, not compensated
<br />by insurance or otherwise, sustained by
<br />Contractor in connection with the performance
<br />of the Work (except losses and damages within
<br />the deductible amounts of property insurance
<br />established in accordance with Paragraph
<br />5.06.1)), provided such losses and damages have
<br />resulted from causes other than the negligence of
<br />Contractor, any Subcontractor, or any
<br />directly or indirectly employed by any of them or
<br />for whose acts any of them may be liable. Such
<br />losses shall include settlements made with the
<br />written consent and approval of Owner. No such
<br />losses, damages, and expenses shall be included
<br />in the Cost of the Work for the purpose of
<br />determining Contractor's fee.
<br />g. The cost of utilities, fuel, and sanitary
<br />facilities at the Site.
<br />h. Minor expenses such as telegrams, long
<br />distance telephone calls, telephone service at the
<br />Site, expresses, and similar petty cash items in
<br />connection with the Work.
<br />i. The costs of premiums for all bonds and
<br />insurance Contractor is required by the Contract
<br />Documents to purchase and maintain.
<br />B. Costs Excluded: The term Cost of the Work shall not
<br />include any of the following items:
<br />1. Payroll costs and other compensation of
<br />Contractor's officers, executives, principals (of
<br />partnerships and sole proprietorships), general
<br />managers, safety managers, engineers, architects,
<br />estimators, attorneys, auditors, accountants,
<br />purchasing and contracting agents, expediters,
<br />timekeepers, clerks, and other personnel employed by
<br />Contractor, whether at the Site or in Contractor's
<br />principal or branch office for general administration
<br />of the Work and not specifically included in the
<br />agreed upon schedule of job classifications referred
<br />to in Paragraph 1 1.0I.A.I or specifically covered by
<br />Paragraph I1.01.A.4, all of which are to be
<br />considered administrative costs covered by the
<br />Contractor's fee.
<br />2. Expenses of Contractor's principal and branch
<br />offices other than Contractor's office at the Site.
<br />3. Any part of Contractor's capital expenses,
<br />including interest on Contractor's capital employed
<br />for the Work and charges against Contractor for
<br />delinquent payments.
<br />4. Costs due to the negligence of Contractor, any
<br />Subcontractor, or anyone directly or indirectly
<br />employed by any of them or for whose acts any of
<br />them may be liable, including but not limited to, the
<br />correction of defective Work, disposal of materials or
<br />equipment wrongly supplied, and making good any
<br />damage to property.
<br />5. Other overhead or general expense costs of any
<br />kind and the costs of any item not specifically and
<br />expressly included in Paragraphs 11.O1.A and
<br />11.01.13.
<br />C. Contractor's Fee: When all the Work is performed on
<br />the basis of cost-plus, Contractor's fee shall be
<br />determined as set forth in the Agreement. When the value
<br />of any Work covered by a Change Order or when a Claim
<br />for an adjustment in Contract Price is determined on the
<br />basis of Cost of the Work, Contractor's fee shall be
<br />detenmined as set forth in Paragraph 12.01.C.
<br />D. Documentation: Whenever the Cost of the Work for
<br />any purpose is to be determined pursuant to Paragraphs
<br />11.0 LA and 11.01.13, Contractor will establish and
<br />maintain records thereof in accordance with generally
<br />accepted accounting practices and submit in a form
<br />acceptable to Engineer an itemized cost breakdown
<br />together with supporting data.
<br />11.02 Allowances
<br />A. It is understood that Contractor has included in the
<br />Contract Price all allowances so named in the Contract
<br />Documents and shall cause the Work so covered to be
<br />performed for such sums and by such persons or entities
<br />as may be acceptable to Owner and Engineer.
<br />B. Cash Allowances
<br />1. Contractor agrees that:
<br />a. the cash allowances include the cost to
<br />Contractor (less any applicable trade discounts)
<br />of materials and equipment required by the
<br />allowances to be delivered at the Site, and all
<br />applicable taxes; and
<br />b. Contractor's costs for unloading and handling
<br />on the Site, labor, installation , overhead, profit,
<br />and other expenses contemplated for the cash
<br />allowances have been included in the Contract
<br />Price and not in the allowances, and no demand
<br />for additional payment on account of any of the
<br />foregoing will be valid.
<br />C. Contingency Allowance
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright (0 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700-31
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