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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 <br />and 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.B. <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.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 />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 />A. Where the Contract Documents provide that <br />all or part of the Work is to be Unit Price Work, initially <br />the Contract Price will be deemed to include for all <br />Unit Price Work an amount equal to the sum of the <br />unit price for each separately identified item of Unit <br />Price Work times the estimated quantity of each item <br />as indicated in the Agreement. The estimated <br />quantities of items of Unit Price Work are not guaran- <br />teed and are solely for the purpose of comparison of <br />Bids and determining an initial Contract Price. Deter- <br />minations of the actual quantities and classifications of <br />Unit Price Work performed by CONTRACTOR will be <br />made by ENGINEER subject to the provisions of <br />paragraph 9.08. <br />00700 - General Conditions REV 5-10-13 <br />00700 - 33 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS \1413 -Martin Luther King Walking TraiMdmin\bid documents\Master Contract Documents100700 - General Conditions REV 5-10- <br />13.doc <br />