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<br />5.06.D), provided such losses and damages have
<br />resulted 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
<br />in the Cost of the Work for the purpose of
<br />determining 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, expresses, and similar petty cash items in
<br />connection with the Work.
<br />
<br />i. The costs of premiums for all bonds and
<br />insurance Contractor is required by the Contract
<br />Documents to purchase and maintain.
<br />
<br />B. Costs Excluded: The term Cost of the Work
<br />shall not include any of the following items:
<br />
<br />1. Payroll costs and other compensation of
<br />Contractor's officers, executives, principals (of
<br />partnerships and sole proprietorships), general managers,
<br />safety managers, engineers, architects, estimators, attor-
<br />neys, auditors, accountants, purchasing and contracting
<br />agents, expediters, timekeepers, clerks, and other
<br />personnel employed by Contractor, whether at the Site or
<br />in 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 referred
<br />to in Paragraph 11.01.A.I or specifically covered by
<br />Paragraph 11.01.A.4, all of which are to be considered
<br />administrative costs covered by the Contractor's fee.
<br />
<br />2. Expenses of Contractor's principal and branch
<br />offices other than Contractor's office at the Site.
<br />
<br />3. Any part of Contractor's capital expenses,
<br />including interest on Contractor's capital employed for
<br />the Work and charges against Contractor for delinquent
<br />payments.
<br />
<br />4. Costs due to 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, including but not limited to, the correction of
<br />defective Work, disposal of materials or equipment
<br />wrongly supplied, and making good any damage to
<br />property.
<br />
<br />5. Other overhead or general expense costs of
<br />any kind and the costs of any item not specifically and
<br />expressly included in Paragraphs 11.01.A and 11.01.B.
<br />
<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
<br />value of any Work covered by a Change Order or when a
<br />Claim for an adjustment in Contract Price is determined
<br />on the basis of Cost of the Work, Contractor's fee shall be
<br />determined as set forth in Paragraph 12.01.C.
<br />
<br />D. Documentation: Whenever the Cost of the
<br />Work for any purpose is to be determined pursuant to
<br />Paragraphs 11.0 I.A and 11.0 I.B, Contractor will establish
<br />and maintain records thereof in accordance with generally
<br />accepted accounting practices and submit in a form
<br />acceptable to Engineer an itemized cost breakdown
<br />together with supporting data.
<br />
<br />11.02 Allowances
<br />
<br />A. It is understood that Contractor has included
<br />in the Contract Price all allowances so named in the
<br />Contract Documents and shall cause the Work so covered
<br />to be performed for such sums and by such persons or
<br />entities as may be acceptable to Owner and Engineer.
<br />
<br />B. Cash Allowances
<br />
<br />I. Contractor agrees that:
<br />
<br />a. the cash allowances include the cost to
<br />Contractor (less any applicable trade discounts)
<br />of materials and equipment required by the
<br />allowances to be delivered at the Site, and all
<br />applicable taxes; and
<br />
<br />b. Contractor's costs for unloading and handling
<br />on the Site, labor, installation, overhead, profit,
<br />and other expenses contemp lated for the cash
<br />allowances have been included in the Contract
<br />Price and not in the allowances, and no demand
<br />for additional payment on account of any of the
<br />foregoing will be valid.
<br />
<br />C. Contingency Allowance
<br />
<br />I. Contractor agrees that a contingency
<br />allowance, if any, is for the sole use of Owner to cover
<br />unanticipated costs.
<br />
<br />D. Prior to final payment, an appropriate Change
<br />Order will be issued as recommended by Engineer to
<br />reflect actual amounts due Contractor on account of Work
<br />covered by allowances, and the Contract Price shall be
<br />correspondingly adjusted.
<br />
<br />11.03 Unit Price Work
<br />
<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 Unit
<br />Price Work an amount equal to the sum of the unit price
<br />for each separately identified item of Unit Price Work
<br />
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 31
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