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' whose acts any of them may be liable. Such losses shall include settlements made with <br /> the written consent and approval of Owner. No such losses, damages, and expenses shall <br /> be included in the Cost of the Work for the purpose of determining Contractor's fee. <br /> ' g. The cost of utilities, fuel, and sanitary facilities at the Site. <br /> ' h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the <br /> Site, express and courier services, and similar petty cash items in connection with the <br /> Work. <br /> ' i. The costs of premiums for all bonds and insurance Contractor are required by the <br /> Contract Documents to purchase and maintain. <br /> ' B. Costs Excluded: The term Cost of the Work shall not include any of the following items: <br /> 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of <br /> partnerships and sole proprietorships), general managers, safety managers, engineers, <br /> architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, <br /> expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at <br /> ' the Site or in Contractor's principal or branch office for general administration of the <br /> Work and not specifically included in the agreed upon schedule of job classifications <br /> ' referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0l.A.4, all of <br /> which are to be considered administrative costs covered by the Contractor's fee. <br /> 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the <br /> ' Site. <br /> 3. Any part of Contractor's capital expenses, including interest on Contractor's capital <br /> ' employed for the Work and charges against Contractor for delinquent payments. <br /> 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or <br /> indirectly employed by any of them or for whose acts any of them may be liable, <br /> including but not limited to, the correction of defective Work, disposal of materials or <br /> equipment wrongly supplied, and making good any damage to property. <br /> ' 5. Other overhead or general expense costs of any kind and the costs of any item not <br /> specifically and expressly included in Paragraphs 11.01.A. <br /> C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee <br /> shall be determined as set forth in the Agreement. When the value of any Work covered by a <br /> ' Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of <br /> Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. <br /> ' D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to <br /> Paragraphs 11.01.A and 11.0l.B, Contractor will establish and maintain records thereof in <br /> accordance with generally accepted accounting practices and submit in a form acceptable to <br /> ' Engineer an itemized cost breakdown together with supporting data. <br /> ' EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 57 of 81 <br />