subcontractors acceptable to OWNER and
<br />CONTRACTOR and shall deliver such bids to
<br />OWNER, who will then determine, with the
<br />advice of ENGINEER, which bids, if any, will be
<br />acceptable. If any subcontract provides that the
<br />Subcontractor is to be paid on the basis of Cost
<br />of the Work plus a fee, the Subcontractor's Cost
<br />of the Work and fee shall be determined in the
<br />same manner as CONTRACTOR's Cost of the
<br />Work and fee as provided in this paragraph
<br />11.01.
<br />4. Costs of special consultants
<br />(including but not limited to engineers,
<br />architects, testing laboratories, surveyors,
<br />attorneys, and accountants) employed for
<br />services specifically related to the Work.
<br />5. Supplemental costs including the
<br />following:
<br />a. The proportion of necessary trans-
<br />portation, travel, and subsistence expenses of
<br />CONTRACTOR's employees incurred in dis-
<br />charge of duties connected with the Work.
<br />b. Cost, including transportation and
<br />maintenance, of all materials, supplies, equip-
<br />ment, machinery, appliances, office, and tempo-
<br />rary facilities at the Site, and hand tools not
<br />owned by the workers, which are consumed in
<br />the performance of the Work, and cost, less
<br />market value, of such items used but not con-
<br />sumed which remain the property of CON-
<br />TRACTOR.
<br />C. Rentals of all construction equip-
<br />ment and machinery, and the parts thereof
<br />whether rented from CONTRACTOR or others
<br />in accordance with rental agreements approved
<br />by OWNER with the advice of ENGINEER, and
<br />the costs of transportation, loading, unloading,
<br />assembly, dismantling, and removal thereof. All
<br />such costs shall be in accordance with the terms
<br />of said rental agreements. The rental of any
<br />such equipment, machinery, or parts shall
<br />cease when the use thereof is no longer
<br />necessary for the Work.
<br />d. Sales, consumer, use, and other
<br />similar taxes related to the Work, and for which
<br />CONTRACTOR is liable, imposed by Laws and
<br />Regulations.
<br />e . Deposits lost for causes other than
<br />negligence of CONTRACTOR, any Sub-
<br />contractor, or anyone directly or indirectly
<br />employed by any of them or for whose acts any
<br />of them may be liable, and royalty payments and
<br />fees for permits and licenses.
<br />f. Losses and damages (and related
<br />expenses) caused by damage to the Work, not
<br />compensated by insurance or otherwise, sus-
<br />tained by CONTRACTOR in connection with the
<br />performance of the Work (except losses and
<br />damages within the deductible amounts of
<br />property insurance established in accordance
<br />with paragraph 5.06.D), provided such losses
<br />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 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 />General Conditions - 00700 - 26
<br />
|