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funds with Contractor with which to make payments, in which case the cash discounts
<br /> shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of
<br /> surplus materials and equipment shall accrue to Owner, and Contractor shall make
<br /> provisions so that they may be obtained.
<br /> 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors.
<br /> If required by Owner, Contractor shall obtain competitive bids from subcontractors
<br /> acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then
<br /> determine, with the advice of Engineer, which bids, if any, will be acceptable. If any
<br /> subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work
<br /> plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same
<br /> manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01.
<br /> 4. Costs of special consultants (including but not limited to engineers, architects, testing
<br /> laboratories, surveyors, attorneys, and accountants) employed for services specifically
<br /> related to the Work, but only to the extent authorized and approved by Owner in writing
<br /> before such charges and expenses are incurred.
<br /> 5. Supplemental costs including the following:
<br /> a. The proportion of necessary transportation, travel, and subsistence expenses of
<br /> Contractor's employees incurred in discharge of duties connected with the Work.
<br /> b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
<br /> machinery, appliances, office, and temporary facilities at the Site, and hand tools not
<br /> owned by the workers, which are consumed in the performance of the Work, and cost,
<br /> less market value, of such items used but not consumed which remain the property of
<br /> Contractor.
<br /> c. Rentals of all construction equipment and machinery, and the parts thereof whether
<br /> rented from Contractor or others in accordance with rental agreements approved by
<br /> Owner with the advice of Engineer, and the costs of transportation, loading, unloading,
<br /> assembly, dismantling, and removal thereof. All such costs shall be in accordance with
<br /> the terms of said rental agreements. The rental of any such equipment, machinery, or
<br /> parts shall cease when the use thereof is no longer necessary for the Work.
<br /> d. Sales, consumer, use, and other similar taxes related to the Work, and for which
<br /> Contractor is liable, as imposed by Laws and Regulations.
<br /> e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
<br /> anyone directly or indirectly employed by any of them or for whose acts any of them
<br /> may be liable, and royalty payments and fees for permits and licenses.
<br /> f. Losses and damages (and related expenses) caused by damage to the Work, not
<br /> compensated by insurance or otherwise, sustained by Contractor in connection with the
<br /> performance of the Work (except losses and damages within the deductible amounts of
<br /> property insurance established in accordance with Paragraph 5.06.D), provided such
<br /> losses and damages have resulted from causes other than the negligence of Contractor,
<br /> any Subcontractor, or anyone directly or indirectly employed by any of them or for
<br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract
<br /> Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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