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to submit additional or more accurate data in support ARTICLE 11 - COST OF THE WORK; CASH of such Claim , dispute, or other matter). A Claim for ALLOWANCES ; UNIT PRICE WORK an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12 . 01 . 13. A Claim for an adjustment in Contract Time shall be 11 . 01 Cost of the Work prepared in accordance with the provisions of paragraph 12. 02 . 8. Each Claim shall be accom- A. Costs Included: The term Cost of the Work panied by claimants written statement that the adjust- means the sum of all costs necessarily incurred and ment claimed is the entire adjustment to which the paid by CONTRACTOR in the proper performance of claimant believes it is entitled as a result of said event. the Work. When the value of any Work covered by a The opposing party shall submit any response to Change Order or when a Claim for an adjustment in ENGINEER and the claimant within 30 days after Contract Price is determined on the basis of Cost of receipt of the claimants last submittal (unless the Work, the costs to be reimbursed to ENGINEER allows additional time) . CONTRACTOR will be only those additional or incremental costs required because of the change in B. ENGINEER's Decision: ENGINEER will the Work or because of the event giving rise to the render a formal decision in writing within 30 days after Claim . Except as otherwise may be agreed to in receipt of the last submittal of the claimant or the last writing by OWNER, such costs shall be in amounts no submittal of the opposing party, if any. ENGINEER's higher than those prevailing in the locality of the written decision on such Claim , dispute, or other Project, shall include only the following items, and matter will be final and binding upon OWNER and shall not include any of the costs itemized in para- CONTRACTOR unless: graph 11 . 01 . 13. 16 an appeal from ENGINEER's 1 . Payroll costs for employees in the decision is taken within the time limits and in direct employ of CONTRACTOR in the perfor- accordance with the dispute resolution mance of the Work under schedules of job procedures set forth in Article 16, or classifications agreed upon by OWNER and CONTRACTOR . Such employees shall include 22 if no such dispute resolution without limitation superintendents, foremen, procedures have been set forth in Article . 16, a and other personnel employed full time at the written notice of intention to appeal from Site. Payroll costs for employees not employed ENGINEER's written decision is delivered by full time on the Work shall be apportioned on OWNER or CONTRACTOR to the other and to the basis of their time spent on the Work. ENGINEER within 30 days after the date of Payroll costs shall include, but not be limited to, such decision , and a formal proceeding is salaries and wages plus the cost of fringe instituted by the appealing party in a forum of benefits, which shall include social security competent jurisdiction within 60 days after the contributions, unemployment, excise, and date of such decision or within 60 days after payroll taxes, workers' compensation , health Substantial Completion , whichever is later and retirement benefits, bonuses, sick leave, (unless otherwise agreed in writing by OWNER vacation and holiday pay applicable thereto. and CONTRACTOR), to exercise such rights or The expenses of performing Wont outside of remedies as the appealing party may have with regular working hours, on Saturday, Sunday, or respect to such Claim, dispute, or other matter legal holidays, shall be included in the above to in accordance with applicable Laws and the extent authorized by OWNER. Regulations. 2. Cost of all materials and equipment C. If ENGINEER does not render a formal furnished and incorporated in the Work, includ- decision in writing within the time stated in paragraph ing costs of transportation and storage thereof, 10 . 05. 6, a decision denying the Claim in its entirety and Suppliers' field services required in shall be deemed to have been issued 31 days after connection therewith . All cash discounts shall receipt of the last submittal of the claimant or the last accrue to CONTRACTOR unless OWNER submittal of the opposing party, if any. deposits funds with CONTRACTOR with which to make payments, in which case the cash D . No Claim for an adjustment in Contract Price discounts shall accrue to OWNER. All trade or Contract Times (or Milestones) will be valid if not discounts, rebates and refunds and returns submitted in accordance with this paragraph 10. 05. from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained . 00700 = General Conditions REV 04-07.doc 00700 - 30 PIPublic Works\ENGINEERING DIVISION PROJECTS\0545.66Th Ave SR60 to 57th St (Aresdis)\AdmimlBid Documents\00700 - General Conditions REV 04-07.doc F