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and hand tools not owned by the workers, which are
<br />consumed in the performance of the Work, and cost,
<br />less market value, of such items used but not con-
<br />sumed which remain the property of CONTRACTOR.
<br />c. Rentals of all construction equipment and
<br />machinery, and the parts thereof whether rented from
<br />CONTRACTOR or others in accordance with rental
<br />agreements approved by OWNER with the advice of
<br />ENGINEER, and the costs of transportation, loading,
<br />unloading, assembly, dismantling, and removal thereof.
<br />All such costs shall be in accordance with the terms of
<br />said rental agreements. The rental of any such equip-
<br />ment, machinery, or parts shall cease when the use
<br />thereof is no longer necessary for the Work.
<br />d.Sales, consumer, use, and other similar taxes
<br />related to the Work, and for which CONTRACTOR is
<br />liable, imposed by Laws and Regulations.
<br />e . Deposits lost for causes other than negli-
<br />gence of CONTRACTOR, any Subcontractor, or
<br />anyone directly or indirectly employed by any of them or
<br />for whose acts any of them may be liable, and royalty
<br />payments and fees for permits and licenses.
<br />I. Losses and damages (and related
<br />expenses) caused by damage to the Work, not
<br />compensated by insurance or otherwise, sustained by
<br />CONTRACTOR in connection with the performance of
<br />the Work (except losses and damages within the
<br />deductible amounts of property insurance established in
<br />accordance with paragraph 5.06.D), provided such
<br />losses and damages have resulted from causes other
<br />than the negligence of CONTRACTOR, any
<br />Subcontractor, or anyone directly or indirectly employed
<br />by any of them or for whose acts any of them may be
<br />liable. Such losses shall include settlements made with
<br />the written consent and approval of OWNER. No such
<br />losses, 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
<br />cost of utilities,
<br />fuel,
<br />and sanitary facilities at
<br />the Site.
<br />h.Minor expenses such as telegrams, long
<br />distance telephone calls, telephone service at the Site,
<br />expressage, and similar petty cash items in connection
<br />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 Claim,
<br />the cost of premiums for additional Bonds and
<br />insurance required because of the changes in the Work
<br />or caused by the event giving rise to the Claim.
<br />j. When all the Work is performed on the basis of
<br />cost-plus, the costs of premiums for all Bonds and
<br />insurance CONTRACTOR is required by the Contract
<br />Documents to purchase and maintain.
<br />B. Costs Excluded: The term Cost of the Work shall not
<br />include any of the following items:
<br />1.Payroll costs and other compensation of
<br />CONTRACTOR's officers, executives, principals (of
<br />partnerships and sole proprietorships), general manag-
<br />ers, engineers, architects, estimators, attorneys, audi-
<br />tors, accountants, purchasing and contracting agents,
<br />expediters, timekeepers, clerks, and other personnel
<br />employed by CONTRACTOR, whether at the Site or in
<br />CONTRACTOR's principal or branch office for general
<br />administration of the Work and not specifically included
<br />in the agreed upon schedule of job classifications
<br />referred to in paragraph 11.01.A.1 or specifically
<br />covered by 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 principal and
<br />branch offices other than CONTRACTOR's office at the
<br />Site.
<br />3.Any part of CONTRACTOR's capital expenses,
<br />including interest on CONTRACTOR's capital employed
<br />for the Work and charges against CONTRACTOR for
<br />delinquent payments.
<br />4.Costs due to the negligence of CONTRACTOR,
<br />any Subcontractor, or anyone directly or indirectly
<br />employed by any of them or for whose acts any of them
<br />may be liable, including but not limited to, the correction
<br />of defective Work, disposal of materials or equipment
<br />wrongly supplied, and making good any damage to
<br />property.
<br />5 -Other overhead or general expense costs of any
<br />kind and the costs of any item not specifically and
<br />expressly included in 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 fee shall
<br />be determined as set forth in the Agreement. When the value of
<br />any Work covered by a Change Order or when a Claim for an
<br />adjustment in Contract Price is determined on the basis of Cost
<br />of the Work, CONTRACTOR's fee shall be determined as set
<br />forth in paragraph 12.01.C.
<br />D. Documentation: Whenever the Cost of the Work for
<br />any purpose is to be determined pursuant to paragraphs
<br />11.01.A and 11.01.B, CONTRACTOR will establish and
<br />maintain records thereof in accordance with generally accepted
<br />accounting practices and submit in a form acceptable to ENGI-
<br />NEER an itemized cost breakdown together with supporting
<br />data.
<br />11.02 Cash Allowances
<br />A. It is understood that CONTRACTOR has included in
<br />the Contract Price all allowances so named in the Contract
<br />Documents and shall cause the Work so covered to be
<br />performed for such sums as may be acceptable to OWNER and
<br />ENGINEER. CONTRACTOR agrees that:
<br />1 -the allowances include the cost to CONTRAC-
<br />TOR (less any applicable trade discounts) of materials
<br />and equipment required by the allowances to be
<br />delivered at the Site, and all applicable taxes; and
<br />00700 General Conditions (EJCDC).doc
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<br />JA07-029 12 1nch WM- Vem lake Estata\Documents epons\Bidding Contmo Spmifications`OW00 General Conditions(E1CUC)doc
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