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of them may be liable. Such losses shall include <br />settlements made with the written consent and <br />approval of OWNER. No such losses, <br />damages, and expenses shall be included in the <br />Cost of the Work for the purpose of determining <br />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 service <br />at the Site, expressage, and similar petty cash <br />items in connection with the Work. <br />i. When the Cost of the Work is used to <br />determine the value of a Change Order or of a <br />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 compensation <br />of CONTRACTOR's officers, executives, princi- <br />pals (of partnerships and sole proprietorships), <br />general managers, engineers, architects, <br />estimators, attorneys, auditors, accountants, <br />purchasing and contracting agents, expediters, <br />timekeepers, clerks, and other personnel <br />employed by CONTRACTOR, whether at the <br />Site or in CONTRACTOR's principal or branch <br />office for general administration of the Work and <br />not specifically included in the agreed upon <br />schedule of job classifications referred to in <br />paragraph 11.01.A.1 or specifically covered by <br />paragraph 11.01.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 princi- <br />pal 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 or <br />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, CONTRACTOR's <br />fee shall be determined as set forth in the Agreement. <br />When the value of any Work covered by a Change <br />Order or when a Claim for an adjustment in Contract <br />Price is determined on the basis of Cost of the Work, <br />CONTRACTOR's fee shall be determined as set forth <br />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 11.01.6, 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 itemized <br />cost breakdown together with supporting 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 />allowances, and no demand for additional <br />payment on account of any of the foregoing will <br />be valid. <br />B. Prior to final payment, an appropriate Change <br />Order will be issued as recommended by ENGINEER <br />to reflect actual amounts due CONTRACTOR on <br />account of Work covered by allowances, and the Con- <br />tract Price shall be correspondingly adjusted. <br />11.03 Unit Price Work <br />General Conditions - 00700 - 27 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1505-66th Ave Widening_49th Sl to 69th St\t-Admin\Bid Documents\Master Contract Documents\DIV 0_4_Conditions of the <br />Contract.docx <br />