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J <br />I <br />fl <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 fee, the Subcontractor's Cost of the Work <br />and fee shall be determined in the same manner as <br />CONTRACTOR's Cost of the Work and fee as provided <br />in this paragraph 11.01. <br />4. Costs of special consultants (including but not <br />limited to engineers, architects, testing laboratories, <br />surveyors, attorneys, and accountants) employed for <br />services specifically related to the Work. <br />5. Supplemental costs including the following <br />a. The 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 />b. Cost, including transportation and mainte- <br />nance, of all materials, supplies, equipment, <br />machinery, appliances, office, and temporary facili- <br />ties at the Site, and hand tools not owned by the <br />workers, which are consumed in the performance of <br />the Work, and cost, less market value, of such items <br />used but not consumed which remain the property of <br />CONTRACTOR. <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. The 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 />d. Sales, consumer, use, and other similar <br />taxes related to the Work, and for which CON- <br />TRACTOR is liable, imposed by Laws and Regu- <br />lations. - <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 <br />them or for whose acts any of them may be liable, <br />and royalty payments and fees for permits and <br />licenses. <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 connection with the perfor- <br />mance of the Work (except losses and damages <br />within the deductible amounts of property insurance <br />established in accordance with paragraph 5.06.13), <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 determining <br />CONTRACTOR's fee. <br />g. The cost of utilities, fuel, and sanitary <br />facilities at the Site. <br />h. Minor expenses such as telegrams, long <br />distance telephone calls, telephone service at the <br />Site, expressage, and similar petty cash items in <br />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 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 />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 />B. Costs Excluded: The term Cost o-f the Work shall <br />not include any of the following items: <br />1 00700-31 <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 />CQNTRACTOR'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 11.0l.A.1 or specifically <br />covered by paragraph 11.01 A.4, all of which are to be <br />