|
D. In the event that Engineer does not take action on a
<br />Claim within said 30 days, the Claim shall be deemed
<br />denied.
<br />E. Engineer's written action under Paragraph 10.05.0 or
<br />denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will
<br />be final and binding upon Owner and Contractor, unless
<br />Owner or Contractor invoke the dispute resolution
<br />procedure set forth in Article 16 within 30 days of such
<br />action or denial.
<br />F. No Claim for an adjustment in Contract Price or
<br />Contract Times will be valid if not submitted in
<br />accordance with this Paragraph 10.05.
<br />ARTICLE 11 - COST OF THE WORK;
<br />ALLOWANCES; UNIT PRICE WORK
<br />11.01 Cost of the Work
<br />A. Costs Included: The term Cost of the Work means the
<br />sum of all costs, except those excluded in Paragraph
<br />11.01.13, necessarily incurred and paid by Contractor in
<br />the proper performance of the Work. When the value of
<br />any Work covered by a Change Order or when a Claim
<br />for an adjustment in Contract Price is determined on the
<br />basis of Cost of the Work, the costs to be reimbursed to
<br />Contractor will be only those additional or incremental
<br />costs required because of the change in the Work or
<br />because of the event giving rise to the Claim. Except as
<br />otherwise may be agreed to in writing by Owner, such
<br />costs shall be in amounts no higher than those prevailing
<br />in the locality of the Project, shall include only the
<br />following items, and shall not include any of the costs
<br />itemized in Paragraph 11.01.13.
<br />1. Payroll costs for employees in the direct employ
<br />of Contractor in the performance of the Work under
<br />schedules of job classifications agreed upon by
<br />Owner and Contractor. Such employees shall include,
<br />without limitation, superintendents, foremen, and
<br />other personnel employed full time at the Site.
<br />Payroll costs for employees not employed full time
<br />on the Work shall be apportioned on the basis of their
<br />time spent on the Work. Payroll costs shall include,
<br />but not be limited to, salaries and wages plus the cost
<br />of fringe benefits, which shall include social security
<br />contributions, unemployment, excise, and payroll
<br />taxes, workers' compensation, health and retirement
<br />benefits, bonuses, sick leave, vacation and holiday
<br />pay applicable thereto. The expenses of performing
<br />Work outside of regular working hours, on Saturday,
<br />Sunday, or legal holidays, shall be included in the
<br />above to the extent authorized by Owner.
<br />cash discounts shall accrue to Contractor unless
<br />Owner deposits funds with Contractor with which to
<br />make payments, in which case the cash discounts
<br />shall accrue to Owner. All trade discounts, rebates
<br />and refunds and returns from sale of surplus materials
<br />and equipment shall accrue to Owner, and Contractor
<br />shall make provisions so that they may be obtained.
<br />3. Payments made by Contractor to Subcontractors
<br />for Work performed by Subcontractors. If required
<br />by Owner, Contractor shall obtain competitive bids
<br />from subcontractors acceptable to Owner and
<br />Contractor and shall deliver such bids to Owner, who
<br />will then determine, with the advice of Engineer,
<br />which bids, if any, will be acceptable. If any
<br />subcontract provides that the Subcontractor is to be
<br />paid on the basis of Cost of the Work plus a fee, the
<br />Subcontractor's Cost of the Work and fee shall be
<br />determined in the same manner as Contractor's Cost
<br />of the Work and fee as provided in this Paragraph
<br />11.01.
<br />4. Costs_ of special consultants (including but not
<br />limited to Engineers, architects, testing laboratories,
<br />surveyors, attorneys, and accountants) employed for
<br />services specifically related to the Work.
<br />5. Supplemental costs including the following:
<br />a. The proportion of necessary transportation,
<br />travel, and subsistence expenses of Contractor's
<br />employees incurred in discharge of duties
<br />connected with the Work.
<br />b. Cost, including transportation and mainte-
<br />nance, of all materials, supplies, equipment,
<br />machinery, appliances, office, and temporary
<br />facilities at the Site, and hand tools not owned by
<br />the workers, which are consumed in the perfor-
<br />mance of the Work, and cost, less market value,
<br />of such items used but not consumed which
<br />remain the property of Contractor.
<br />c. Rentals of all construction equipment and
<br />machinery, and the parts thereof whether rented
<br />from Contractor or others in accordance with
<br />rental agreements approved by Owner with the
<br />advice of Engineer, and the costs of
<br />transportation, loading, unloading, assembly,
<br />dismantling, and removal thereof. All such costs
<br />shall be in accordance with the terms of said
<br />rental agreements. The rental of any such equip-
<br />ment, machinery, or parts shall cease when the
<br />use thereof is no longer necessary for the Work.
<br />d. Sales, consumer, use, and other similar taxes
<br />related to the Work, and for which Contractor is
<br />2. Cost of all materials and equipment furnished liable, imposed by Laws and Regulations.
<br />(( and incorporated in the Work, including costs of
<br />transportation and storage thereof, and Suppliers' e. Deposits lost for causes other than negligence
<br />field services required in connection therewith. All of Contractor, any Subcontractor, or anyone
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700-30
<br />
|