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3. Payments made by CONTRACTOR
<br />to Subcontractors for Work performed by
<br />Subcontractors. If required by OWNER, CON-
<br />TRACTOR shall obtain competitive bids from
<br />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
<br />Cost of the Work and fee shall be determined
<br />in the same manner as CONTRACTOR's Cost
<br />of the Work and fee as provided in this para-
<br />graph 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
<br />temporary facilities at the Site, and hand tools
<br />not owned by the workers, which are consumed
<br />in 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.
<br />All such costs shall be in accordance with the
<br />terms of said rental agreements. The rental of
<br />any 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
<br />and 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
<br />the performance of the Work (except losses
<br />and 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
<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 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
<br />and not specifically included in the agreed upon
<br />schedule of job classifications referred to in
<br />00700 - General Conditions REV 5-10-13
<br />00700 - 31
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<br />REV 5-10-13.doc
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