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adjustment to which the claimant believes it is entitled as a OWNER and CONTRACTOR. Such employees shall
<br /> result of said event. The opposing party shall submit any include without limitation superintendents, foremen, and
<br /> response to ENGINEER and the claimant within 30 days after other personnel employed full time at the Site. Payroll
<br /> receipt of the claimant's last submittal (unless ENGINEER costs for employees not employed full time on the Work
<br /> allows additional time). shall be apportioned on the basis of their time spent on
<br /> the Work. Payroll costs shall include, but not be limited
<br /> B. ENGWEER's Decision: ENGINEER will render a to, salaries and wages plus the cost of fringe benefits'
<br /> formal decision in writing within 30 days after receipt of the last which shall include social security contributions,
<br /> submittal of the claimant or the last submittal of the opposing unemployment, excise, and payroll taxes,
<br /> workers'
<br /> party, if any. ENGINEER's written decision on such Claim, compensation, health and retirement benefits, bonuses,
<br /> dispute, or other matter will be final and binding upon OWNER sick leave, vacation and holiday pay applicable thereto.
<br /> and CONTRACTOR unless: The expenses of performing Work outside of regular
<br /> working hours, on Saturday, Sunday, or legal holidays,
<br /> 1 . an appeal from ENGINEER's decision is taken shall be included in the above to the extent authorized
<br /> within the time limits and in accordance with the dispute by OWNER.
<br /> resolution procedures set forth in Article 16; or
<br /> 2. Cost of all materials and equipment furnished
<br /> 21 no such dispute resolution procedures have and incorporated in the Work, including costs of
<br /> been set forth in Article 16, a written notice of intention transportation and storage thereof, and Suppliers' field
<br /> to appeal from ENGINEER's written decision is services required in connection therewith. All cash
<br /> delivered by OWNER or CONTRACTOR to the other discounts shall accrue to CONTRACTOR unless
<br /> and to ENGINEER within 30 days after the date of such OWNER deposits funds with CONTRACTOR with
<br /> decision, and a formal proceeding is instituted by the which to make payments, in which lose the
<br />cash
<br /> appealing party in a forum of competent jurisdiction discounts shall accrue to OWNER. All trade discounts,
<br /> within 60 days after the date of such decision or within rebates and refunds and returns from sale of surplus
<br /> 60 days after Substantial Completion, whichever is later materials and equipment shall accrue to OWNER, and
<br /> (unless otherwise agreed in writing by OWNER and CONTRACTOR shall make provisions so that they may
<br /> CONTRACTOR), to exercise such rights or remedies as be obtained.
<br /> the appearing party may have with respect to such
<br /> Claim, dispute, or other matter in accordance with 3. Payments made by CONTRACTOR to
<br /> applicable Laws and Regulations. Subcontractors for Work performed by Subcontractors.
<br /> If required by OWNER, CONTRACTOR shall obtain
<br /> C. If ENGINEER does not render a formal decision in competitive bids from subcontractors acceptable
<br /> to
<br /> writing within the time stated in paragraph 10.05.13, a decision OWNER and CONTRACTOR and shall deliver such
<br /> denying the Claim in its entirety shalt be deemed to have been birds to OWNER, who will then determine, with
<br /> the
<br /> issued 31 days after receipt of the last submittal of the claimant � b� ENGINEER, wbic bids,
<br /> provides thatill the
<br /> be
<br /> or the last submittal of the opposing party, if any. Subcontractor is to be paid on the basis of Cost of the
<br /> D. No Claim for an adjustment in Contract Price or Work plus a fee, the Subcontractor's Cost of the Work
<br /> Contract Times (or Milestones) will be valid if not submitted in and fee shall be determined in the same manner
<br /> as
<br /> accordance with this paragraph 10.05. CONTRACTOR's Cost of the Work and fee as provided
<br /> in this paragraph 11 .01 .
<br /> ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; 4.Costs of special consultants (including but not
<br /> UNIT PRICE WORK limited to engineers, architects, testing laboratories,
<br /> surveyors, attorneys, and accountants) employed for
<br /> services specifically related to the Work
<br /> 11,01 Cost of the Work
<br /> 5.SupplemeMal costs including the following:
<br /> A. Costs tncfuded: The term Cost of the Work means
<br /> the sum of all costs necessarily incurred and paid by a.The proportion of necessary transportation,
<br /> CONTRACTOR in the proper performance of the Work. When travel, and subsistence expenses of CONTRACTOR's
<br /> the value of any Work covered by a Change Order or when a employees incurred in discharge of duties connected
<br /> Claim for an adjustment in Contract Price is determined on the with the Work.
<br /> basis of Cost of the Work, the costs to be reimbursed to b. Cost, including transportation and maintenance,
<br /> CONTRACTOR win be only those additional or incremental
<br /> costs required because of the change in the Work or because of of all materials, supplies, equipment, machinery,
<br /> the event giving rise to the Claim. Except as otherwise may be appliances, office, and temporary facilities at the
<br /> Site,
<br /> agreed to in writing by OWNER, such costs shall be in amounts and hand tools not owned by the workers, which are
<br /> no higher than those prevailing in the locality of the Project, shall consumed in the performance of the Work, and cost,
<br /> include only the following items, and shall not include any of the less market value, of such items used but not
<br /> costs itemized in paragraph 11 .01 .6. consumed which remain the property of
<br /> CONTRACTOR.
<br /> I . Payroll costs for employees in the direct employ Rentals equipment
<br /> of CONTRACTOR in the pertormns a the Work C.machinery, and the parts thereof whether rented from
<br /> under schedules of job classifications agreed upon by
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