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FILE GC3.1 Construction (led Form) General Conditions 6-18-85 DMF ®CS General Conditions 09) Paragraph 8.1 rev G`C_5 7.3 SUBCONTRACTOR'S FEES: Bidder shall state in his proposal the percentage fees applicable to Paragraphs 7.2.1 through 7.2.4 that will be charged by his subcontractors for cost-plus work_ The fee for a subcontractor not listed in the Proposal shall mot exceed that quoted by Contractor for Paragraph 7.2.5. Subcontracts shall be subject to Constructor's approval. 7.4 ITZIM EXCLUDED: Compensation to Contractor under the preceding cost-plus iteas shall not include the following: 7.4.1 Amount of a penalty, judgement, settlement, or other expense paid or incurred by Contractor as a result of Contractor's actual or alleged violation of a contract, lav, rule, or regulation, except to the extent that penalty, judgement, settlement, or other expense represents wages or taxes otherwise Reimbursable hereunder. 7.4.2 Amounts paid by Contractor for repair or replacement of defective work or Costs of material wasted due to careless workmanship or costs of work performed that, in opinion of Constructor, is not necessary for the performance of the work. 7.3 DECREASE IN 'GORY: At Constructor's option, credit to PG&Z for decrease in the work will be based on agreed prices or on the basis of contract unit prices. 7.6 RENTAL RATES: Rental rates shall be submitted with Bidder's proposal for use of his equipment valued at $1.500 or more each. 7.7 LLRIP-SLTI EARA WORK: For additional work or changes performed an a lump-sum or agreed price basis, Contractor shall submit for approval by Constructor, if required, a complete price breakdown of amounts and fees. Breakdown shall conform to the cost breakdown and include the fees set forth in the preceding Paragraphs 7.2.1 through 7.2.9, and Paragraph 7.3, and the fees quoted in Contractor's proposal. 7.8 WORK SUBCONTRACTED ON COST-PLUS BASIS: Extra work authorized to be subcontracted on a cost-plus basis shall be performed in accordance with the provisions of Paragraph 7. Contractor shall negotiate subcontracts directly, and subcontractor shall not subcontract part of the work. 7.9 DATA REQUIRED: For cost-plus work, Contractor shall support invoices for payment with itemized receipted bills for material and subcontract work. Contractor shall submit certified copy of payroll covering Labor employed by Contractor and by subcontractors performing work on a cost-plus basis. Satisfactory evidence shall also be submitted to verify materials drawn from Contractor's stock, rental of Contractor's egipment, or other miscellaneous items of cost not otherwise verified. 8 INDE*L'1ITI AND WITHHOLDING 8.1 INDEIMUNITY: Contractor shall indemnify PG&E, its officers, agents, and employees, against all loss, damage, expense, and liability resulting from injury to or death of person, including but not limited to employees of PG&E or Contractor or Subcontractor, or injury to property. including but not limited to property of PG&a or Contractor or Subcontractor, arising out of or in anyway connected with the performance of this Contract, however caused, regardless of any negligence of PG&E, whether active or passive, except for such injury or death as may be caused by the sole negligence or willful misconduct of PG&E. Contractor shall, upon request, defend any suit asserting a claim covered by this indemnity. Contractor shall pay costs that may be incurred by PG&E in enforcing this indemnity, including reasonable attorney fees. 8.2 WITHHOLDING: PG&E may withhold from the final payment due Contractor an amount necessary to provide security against loss, damage, expense, and liability for injury to property covered by the foregoing indemnity. rt FILEONNOB A