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matter will be final and binding upon OWNER and 1 . Payroll costs for employees in
<br /> the
<br /> CONTRACTOR unless : direct employ of CONTRACTOR in the perfor-
<br /> mance of the Work under schedules of job
<br /> 1 . an appeal from ENGINEER 's classifications agreed upon by OWNER and
<br /> decision is taken within the time limits and in CONTRACTOR . Such employees shall
<br /> accordance with the dispute resolution include without limitation superintendents ,
<br /> procedures set forth in Article 16 ; or foremen , and other personnel employed full
<br /> time at the Site . Payroll costs for employees
<br /> 2 , if no such dispute resolution not employed full time on the Work shall be
<br /> procedures have been set forth in Article 16 , a apportioned on the basis of their time spent on
<br /> written notice of intention to appeal from the Work . Payroll costs shall include , but not
<br /> ENGINEER 's written decision is delivered by be limited to, salaries and wages plus the cost
<br /> OWNER or CONTRACTOR to the other and to of fringe benefits , which shall include social
<br /> ENGINEER within 30 days after the date of security contributions , unemployment, excise ,
<br /> such decision , and a formal proceeding is and payroll taxes , workers' compensation ,
<br /> instituted by the appealing party in a forum of health and retirement benefits , bonuses ,
<br />sick
<br /> competent jurisdiction within 60 days after the leave , vacation and holiday pay applicable
<br /> date of such decision or within 60 days after thereto. The expenses of performing Work
<br /> Substantial Completion , whichever is later outside of regular working hours , on Saturday ,
<br /> ( unless otherwise agreed in writing by OWNER Sunday, or legal holidays , shall be included in
<br /> and CONTRACTOR) , to exercise such rights the above to the extent authorized by OWNER .
<br /> or remedies as the appealing party may have
<br /> with respect to such Claim , dispute , or other 2 . Cost of all materials and equipment
<br /> matter in accordance with applicable Laws and furnished and incorporated in the Work, includ-
<br /> Regulations, ing costs of transportation and storage thereof,
<br /> and Suppliers ' field services required in
<br /> C . If ENGINEER does not render a formal connection therewith . All cash discounts shall
<br /> decision in writing within the time stated in paragraph accrue to CONTRACTOR unless OWNER
<br /> 10 . 05 . 13 , a decision denying the Claim in its entirety deposits funds with CONTRACTOR with which
<br /> shall be deemed to have been issued 31 days after to make payments , in which case the
<br />cash
<br /> receipt of the last submittal of the claimant or the last discounts shall accrue to OWNER . All trade
<br /> submittal of the opposing party , if any, discounts , rebates and refunds and returns
<br /> from sale of surplus materials and equipment
<br /> D . No Claim for an adjustment in Contract Price shall accrue to OWNER , and CONTRACTOR
<br /> or Contract Times (or Milestones) will be valid if not shall make provisions so that they may be
<br /> submitted in accordance with this paragraph 10 . 05 . obtained .
<br /> 3 . Payments made by CONTRACTOR
<br /> ARTICLE 11 - COST OF THE WORK; CASH to Subcontractors for Work performed by
<br /> ALLOWANCES ; UNIT PRICE WORK Subcontractors . If required by OWNER , COW
<br /> TRACTOR shall obtain competitive bids from
<br /> subcontractors acceptable to OWNER and
<br /> 11 . 01 Cost of the Work CONTRACTOR and shall deliver such bids to
<br /> OWNER , who will then determine , with the
<br /> A . Costs Included: The term Cost of the Work advice of ENGINEER , which bids , if any, will be
<br /> means the sum of all costs necessarily incurred and acceptable . If any subcontract provides that
<br /> paid by CONTRACTOR in the proper performance of the Subcontractor is to be paid on the basis of
<br /> the Work . When the value of any Work covered by a Cost of the Work plus a fee , the
<br /> Change Order or when a Claim for an adjustment in Subcontractor' s Cost of the Work and fee shall
<br /> Contract Price is determined on the basis of Cost of be determined in the same manner as
<br /> the Work , the costs to be reimbursed to CONTRACTOR ' s Cost of the Work and fee as
<br /> CONTRACTOR will be only those additional or provided in this paragraph 11 . 01 .
<br /> incremental costs required because of the change in
<br /> the Work or because of the event giving rise to the 4 . Costs of special consultants
<br /> Claim . Except as otherwise may be agreed to in ( including but not limited to engineers
<br />,
<br /> writing by OWNER , such costs shall be in amounts architects , testing laboratories , surveyors ,
<br /> no higher than those prevailing in the locality of the attorneys , and accountants) employed for
<br /> Project, shall include only the following items , and services specifically related to the Work.
<br /> shall not include any of the costs itemized in para-
<br /> graph 11 . 01 . 13 . 5 . Supplemental costs including the
<br /> following :
<br /> 00700 - General Conditions REV 04-07. doc
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