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and damages have resulted from causes other <br />than the negligence of CONTRACTOR, any <br />Subcontractor, or anyone directly or indirectly <br />employed by any of them or for whose acts any <br />of them may be liable. Such losses shall <br />include settlements made with the written <br />consent and approval of OWNER. No such <br />losses, damages, and expenses shall be <br />included in the Cost of the Work for the <br />purpose of 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, <br />long distance telephone calls, telephone <br />service at the Site, expressage, and similar <br />petty cash items in connection with the Work. <br />i. When the Cost of the Work is used <br />to determine the value of a Change Order or of <br />a Claim, the cost of premiums for additional <br />Bonds and insurance required because of the <br />changes in the Work or caused by the event <br />giving rise to the Claim. <br />j. When all the Work is performed on the <br />basis of cost-plus, the costs of premiums for all <br />Bonds and insurance CONTRACTOR is <br />required by the Contract Documents to <br />purchase and maintain. <br />B. Costs Excluded. The term Cost of the Work <br />shall not include any of the following items: <br />1. Payroll costs and other <br />compensation of CONTRACTOR's officers, <br />executives, principals (of partnerships and sole <br />proprietorships), general managers, engineers, <br />architects, estimators, attorneys, auditors, <br />accountants, purchasing and contracting <br />agents, expediters, timekeepers, clerks, and <br />other personnel employed by CONTRACTOR, <br />whether at the Site or in CONTRACTOR's <br />principal or branch office for general <br />administration of the Work and not specifically <br />included in the agreed upon schedule of job <br />classifications referred to in paragraph <br />11.01.A.1 or specifically covered by paragraph <br />11.01.A.4, all of which are to be considered <br />administrative costs covered by the <br />CONTRACTOR's fee. <br />2. Expenses of CONTRACTOR's <br />principal and branch offices other than <br />CONTRACTOR's office at the Site. <br />3. Any part of CONTRACTOR's capital <br />expenses, including interest on <br />CONTRACTOR's capital employed for the <br />Work and charges against CONTRACTOR for <br />delinquent payments. <br />4. Costs due to the negligence of CON- <br />TRACTOR, any Subcontractor, or anyone <br />directly or indirectly employed by any of them <br />or for whose acts any of them may be liable, <br />including but not limited to, the correction of <br />defective Work, disposal of materials or <br />equipment wrongly supplied, and making good <br />any damage to property. <br />5. Other overhead or general expense <br />costs of any kind and the costs of any item not <br />specifically and expressly included in <br />paragraphs 11.01.A and 11.01.6. <br />C. CONTRACTOR's Fee: When all the Work is <br />performed on the basis of cost-plus, <br />CONTRACTOR's fee shall be determined as set forth <br />in the Agreement. When the value of any Work <br />covered by a Change Order or when a Claim for an <br />adjustment in Contract Price is determined on the <br />basis of Cost of the Work, CONTRACTOR's fee shall <br />be determined as set forth in paragraph 12.01.C. <br />D. Documentation: Whenever the Cost of the <br />Work for any purpose is to be determined pursuant to <br />paragraphs 11.01.A and 11.01.B, CONTRACTOR will <br />establish and maintain records thereof in accordance <br />with generally accepted accounting practices and <br />submit in a form acceptable to ENGINEER an <br />itemized cost breakdown together with supporting <br />data. <br />11.02 Cash Allowances <br />A. It is understood that CONTRACTOR has in- <br />cluded in the Contract Price all allowances so named <br />in the Contract Documents and shall cause the Work <br />so covered to be performed for such sums as may be <br />acceptable to OWNER and ENGINEER. <br />CONTRACTOR agrees that: <br />1. the allowances include the cost to <br />CONTRACTOR (less any applicable trade <br />discounts) of materials and equipment required <br />by the allowances to be delivered at the Site, <br />and all applicable taxes; and <br />2. CONTRACTOR's costs for unloading <br />and handling on the Site, labor, installation <br />costs, overhead, profit, and other expenses <br />contemplated for the allowances have been <br />included in the Contract Price and not in the <br />00700 - General Conditions REV 5-10-13 <br />00700-33 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1727 CR -512 EB & WB Bridge (88407879) Repairs\1-Admin\Bid Documents\Master Contract Documents\00700 - General Conditions <br />REV 5-10-13.doc <br />