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C . If ENGINEER does not render a formal 2 . Cost of all materials and equipment
<br /> decision in writing within the time stated in paragraph furnished and incorporated in the Work, includ-
<br /> 10. 05. 6 , a decision denying the Claim in its entirety ing costs of transportation and storage thereof,
<br /> shall be deemed to have been issued 31 days after and Suppliers' field services required in
<br /> receipt of the last submittal of the claimant or the last connection therewith . All cash discounts shall
<br /> submittal of the opposing party, if any. accrue to CONTRACTOR unless OWNER
<br /> deposits funds with CONTRACTOR with which
<br /> D. No Claim for an adjustment in Contract Price to make payments, in which case the cash
<br /> or Contract Times (or Milestones) will be valid if not discounts shall accrue to OWNER. All
<br /> trade
<br /> submitted in accordance with this paragraph 10. 05 . discounts, rebates and refunds and returns
<br /> from sale of surplus materials and equipment
<br /> shall accrue to OWNER, and CONTRACTOR
<br /> ARTICLE 11 - COST OF THE WORK; CASH shall make provisions so that they may be
<br /> ALLOWANCES ; UNIT PRICE WORK obtained .
<br /> 3. Payments made by CONTRACTOR
<br /> 11 . 01 Cost of the Work to Subcontractors for Work performed by
<br /> Subcontractors. If required by OWNER, CON-
<br /> A. Costs Included: The term Cost of the Work TRACTOR shall obtain competitive bids from
<br /> means the sum of all costs necessarily incurred and subcontractors acceptable to OWNER and
<br /> paid by CONTRACTOR in the proper performance of CONTRACTOR and shall deliver such bids to
<br /> the Work. When the value of any Work covered by a OWNER, who will then determine, with the
<br /> Change Order or when a Claim for an adjustment in advice of ENGINEER, which bids, if any, will be
<br /> 9 Contract Price is determined on the basis of Cost of acceptable. if any subcontract provides that the
<br /> the Work, the costs to be reimbursed to Subcontractor is to be paid on the basis of Cost
<br /> CONTRACTOR will be only those additional or of the Work plus a fee, the Subcontractor's
<br /> incremental costs required because of the change in Cost of the Work and fee shall be determined
<br /> the Work or because of the event giving rise to the in the same manner as CONTRACTOR's Cost
<br /> Claim . Except as otherwise may be agreed to in of the Work and fee as provided in
<br /> this para-
<br /> writing by OWNER , such costs shall be in amounts no graph 11 . 01 .
<br /> higher than those prevailing in the locality of the
<br /> Project, shall include only the following items, and 4 . Costs of special consultants
<br /> shall not include any of the costs itemized in para- (including but not limited to engineers,
<br /> graph 11 . 01 . 13 . architects, testing . laboratories, surveyors,
<br /> attorneys, and accountants) employed for
<br /> 1 . Payroll costs for employees in the services specifically related to the Work.
<br /> direct employ of CONTRACTOR in the perform
<br /> mance of the Work under schedules of job 5 . Supplemental costs including the
<br /> classifications agreed upon by OWNER and following :
<br /> CONTRACTOR. Such employees shall include
<br /> without limitation superintendents, foremen , a . The proportion of necessary trans-
<br /> and other personnel employed full time at the portation , travel , and subsistence expenses of
<br /> Site. Payroll costs for employees not employed CONTRACTOR's employees incurred in dis-
<br /> full time on the Work shall be apportioned on charge of duties connected with the Work.
<br /> the basis of their time spent on the Work.
<br /> Payroll costs shall include, but not be limited to, b. Cost, including transportation and
<br /> salaries and wages plus the cost of fringe maintenance, of all materials, supplies, equip-
<br /> benefits, which shall include social security ment, machinery, appliances, office, and
<br /> contributions, unemployment, excise, and temporary facilities at the Site, and hand tools
<br /> payroll taxes, workers' compensation , health not owned by the workers, which are consumed
<br /> and retirement benefits, bonuses, sick leave, in the performance of the Work, and cost, less
<br /> vacation and holiday pay applicable thereto. market value, of such items used but not con-
<br /> The expenses of performing Work outside of sumed which remain the property of CON-
<br /> regular working hours, on Saturday, Sunday, or TRACTOR.
<br /> legal holidays, shall be included in the above to
<br /> the extent authorized by OWNER .
<br /> 00700 - General Conditions REV 04-07.doc
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<br /> REV
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