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<br />3. Payments made by CONTRACTOR to
<br />Subcontractors for Work performed by Subcontractors.
<br />If required by OWNER, CONTRACTOR shall obtain
<br />competitive bids from subcontractors acceptable to
<br />OWNER and CONTRACTOR and shall deliver such
<br />bids to 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 of the
<br />Work plus a fcc. the Subcontractor's COSI of the Work
<br />and fee shall be detemlined in the same manner as
<br />CONTRACTOR's COSl of the Work and fee as provided
<br />in this paragraph 11.01.
<br />
<br />4. Costs of special consultants (including but not
<br />limiled to engineers, architects, testing laboratories,
<br />surveyors. attorneys, and accountants) employed for
<br />services specifically related to the Work.
<br />
<br />5. Supplemental costs including the following:
<br />
<br />a. Tbe proportion of necessary transportation,
<br />travel, and subsistence expenses of
<br />CONTRACTOR's employees incurred in discharge
<br />of duties connected with the Work.
<br />
<br />b. Cost, including transportation and mainte-
<br />nance, of all materials, supplies, equipment,
<br />machinery, appliances, office, and temporar}' facili-
<br />ties al the Site, and hand lools nOI owned by the
<br />workers. which are consumed in the performance of
<br />the Work, and cost, less markel value, of such items
<br />used but not consumed which remain the property of
<br />CONTRACTOR.
<br />
<br />c. Rentals of all construction equipment and
<br />machinery. and the parts thereof whether rented
<br />from CONTRACTOR or others in accordance with
<br />rental agreements approved by OWNER with the
<br />advice of ENGINEER, and the costs of
<br />transportation, loading, unloading, assembly,
<br />dismantling, and removal thereof. All such costs
<br />shall be in accordance with the terms of said rental
<br />agreements. Tbe rental of any such equipment, ma-
<br />chinery. or parts shall cease when the use thereof is
<br />no longer necessary for the Work.
<br />
<br />d. Sales. consumer. use, and oilier similar
<br />laXes related to the Work, and for which CON-
<br />TRACTOR is liable. imposed by Laws and Regu-
<br />lations. :
<br />
<br />e, Deposits lost for causes oilier than negli-
<br />gence of CONTRACTOR. any Subcontractor, or
<br />anyone directly or indirectly employed by any of
<br />them or for whose acts any of them may be liable,
<br />
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<br />
<br />and royalty payments and fees for permits and
<br />licenses.
<br />
<br />f. Losses and damages (and related expenses).
<br />caused by damage to the Work. not compensated by
<br />insurance or otherwise, sustained by
<br />CONTRACTOR in coIUlection with the perfor-
<br />mance of the Work (except losses and damages
<br />within ilie deductible amounts of property insurance
<br />established in accordance wiili paragraph 5.06.D),
<br />provided such losses and damages have resulted
<br />from causes other than the negligence of
<br />CONTRACTOR, any Subcontractor, or anyone
<br />directly or indirectly employed by any of them or
<br />for whose acts any of them may be liable. Such
<br />losses shall. include settlements made with the
<br />written consent and approval of OWNER. No such
<br />losses. damages. and expenses shall be .included in
<br />the Cost of the'Work for the purpose of detennining
<br />CONTRACTOR's fee.
<br />
<br />g. The cost of utilities, fuel, and sanitary
<br />facilities at the Site.
<br />
<br />h. Minor expenses such as telegrams, long
<br />distance telephone calls, telephone service at the
<br />Site, expressage, and similar pett}' cash items in
<br />connection with the Work.
<br />
<br />i. When the Cost of the Work is used 10
<br />determine the value of a Change Order or of a
<br />Claim, the cost of premiums for additional Bonds
<br />and insurance required because of the changes in the
<br />Work or caused by the event giving rise to the
<br />Claim.
<br />
<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 required by
<br />the Contract'Documents to purchase and maintain.
<br />
<br />B. Costs Excluded: The term Cost Of the Work shall
<br />not include any of the following items:
<br />
<br />1 . Payroll costs and other compensation of
<br />CONTRACTOR's officers, executives, principals (of
<br />partnersWps and sole proprietorsWps), 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.l or specifically
<br />covered by paragraph 11.01 :4....4. all of which are to be
<br />
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