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eLI I- <br /> , +k }1 10 <br /> 1 <br /> to submit additional or more accurate data in support ARTICLE 11 - COST OF THE WORK ; CASH <br /> of such Claim , dispute , or other matter) . A Claim for ALLOWANCES ; UNIT PRICE WORK <br /> an adjustment in Contract Price shall be prepared in <br /> accordance with the provisions of paragraph 12 . 01 . 13 . <br /> A Claim for an adjustment in Contract Time shall be 11 . 01 Cost of the Work <br /> prepared in accordance with the provisions of <br /> paragraph 12 . 02 . 13 . Each Claim shall be accom . A. Costs Included: The term Cost of the Work <br /> panied by claimant's written statement that the adjust- means the sum of all costs necessarily incurred <br /> and <br /> ment claimed is the entire adjustment to which the paid by CONTRACTOR in the proper performance <br /> of <br /> claimant believes it is entitled as a result of said event . the Work - When the value of any Work covered <br /> by a <br /> The opposing party shall submit any response to Change Order or when a Claim for an adjustment in <br /> ENGINEER and the claimant within 30 days after Contract Price is determined on the basis of Cost of <br /> receipt of the claimant's last submittal ( unless the Work , the costs to be reimbursed to <br /> ENGINEER allows additional time ) - CONTRACTOR will be only those additional or <br /> incremental costs required because of the change in <br /> B . ENGINEER 's Decision: ENGINEER will the Work or because of the event giving rise to the <br /> render a formal decision in writing within 30 days after Claim - Except as otherwise may be agreed <br /> to in <br /> receipt of the last submittal of the claimant or the last writing by OWNER , such costs shall be in amounts <br /> no <br /> submittal of the opposing party, if any. ENGINEER's higher than those prevailing in the locality of the <br /> written decision on such Claim , dispute , or other Project , shall include only the following items , and <br /> matter will be final and binding upon OWNER and shall not include any of the costs <br /> itemized in para- <br /> CONTRACTOR unless : graph 11 . 01 . 6 . <br /> 1 . an appeal from ENGINEER's 1 . Payroll costs for employees in the <br /> decision is taken within the time limits and in direct employ of CONTRACTOR in the perfor- <br /> accordance with the dispute resolution mance of the Work under schedules of job <br /> procedures set forth in Article 16 ; or classifications agreed upon by OWNER and <br /> CONTRACTOR. Such employees shall include <br /> 2 , if no such dispute resolution without limitation superintendents , foremen , <br /> procedures have been set forth in Article 16 , a and other personnel employed full time at <br />the <br /> written notice of intention to appeal from Site . Payroll costs for employees not employed <br /> ENGINEER's written decision is delivered by full time on the Work shall be apportioned on <br /> OWNER or CONTRACTOR to the other and to the basis of their time spent on the Work . IL <br /> ENGINEER within 30 days after the date of Payroll costs shall include , but not be limited <br /> to , <br /> such decision , and a formal proceeding is salaries and wages plus the cost of fringe <br /> instituted by the appealing party in a forum of benefits , which shall include social security <br /> competent jurisdiction within 60 days after the contributions , unemployment, excise , and <br /> date of such decision or within 60 days after payroll taxes , workers' compensation , health <br /> Substantial Completion , whichever is later and retirement benefits , bonuses , sick leave , <br /> ( unless otherwise agreed in writing by OWNER vacation and holiday pay applicable thereto . <br /> and CONTRACTOR) , to exercise such rights or The expenses of performing Work outside of <br /> remedies as the appealing party may have with regular working hours , on Saturday, Sunday, or <br /> respect to such Claim , dispute , or other matter legal holidays , shall be included in the above <br /> to <br /> in accordance with applicable Laws and the extent authorized by OWNER . <br /> Regulations , <br /> 2 . Cost of all materials and equipment <br /> C . If ENGINEER does not render a formal furnished and incorporated in the Work , includ - <br /> decision in writing within the time stated in paragraph ing costs of transportation and storage thereof, <br /> 10 . 05 . 13 , a decision denying the Claim in its entirety and Suppliers ' field services required <br /> in <br /> shall be deemed to have been issued 31 days after connection therewith . All cash discounts <br /> shall <br /> receipt of the last submittal of the claimant or the last accrue to CONTRACTOR unless OWNER <br /> submittal of the opposing party, if any. deposits funds with CONTRACTOR with which <br /> to make payments , in which case the cash <br /> D . No Claim for an adjustment in Contract Price discounts shall accrue to OWNER . All trade <br /> or Contract Times (or Milestones ) will be valid if not discounts , rebates and refunds and returns <br /> submitted in accordance with this paragraph 10 . 05 - from sale of surplus materials and equipment <br /> shall accrue to OWNER , and CONTRACTOR <br /> shall make provisions so that they may be <br /> obtained . <br /> 00700 - General Conditions REV 04-07 . doc <br /> 00700 - 30 <br /> F :\Public Works\ENGINEERING DIVISION PROJECTS\0517-OSLO ROAD 43rd Ave to 58th Ave-Phase III\Admim\bid documents\00700 - General Conditions REV 04-07 <br />. doc <br />