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accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in para- graph 11.01.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in thc perfor 00700 - 31 F'Public Worlcs\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling90th St to 94th St\Admin\bid d 13.doc mance of the Work under eche. ules of classifications agreed upon by 0 job NER CONTRACTOR. Such employees and hall include foremen, time the without limitation superintendent-, full and other personnel employed Site. Payroll costs for employees n at et employed on the Work. full time on the -Work shall be ap.ortioned the basis of their time spent on and wages thc t fringe salaries plus co benefits, which shall include so. of ial security cise, contributions, unemployment, e taxes, workers' compens-tion, and health sick leave, payroll retirement benefits, bonuses, and The expenses of Wor outside performing of the extent authorized by OWNER. equipment ork, includ- thereof, equired in ounts shall OWNER with which the cash All trade :nd retums equipment TRACTOR ey may be TRACTOR by NER, CON- bids from NER and .uch bids to e, with the any, will be des that the of Cost determined Cosi n this para- consultants engineers, surveyors, ployed for ork. luding the s REV 5-10-13.doc nditions REV 5-10- 2. Cost of all materials an. fumished and incorporated in the ing costs of transportation and storage and Suppliers' field services connection therewith. All cash dis accrue to CONTRACTOR unle-s deposits funds with CONTRACTO" to make payments, in which ca -e discounts shall accrue to OWNE". discounts, rebates and refunds from sale of surplus materials an. shall accrue to OWNER, and CO shall make provisions so that t obtained. 3. Payments made by CO to Subcontractors for Work performed Subcontractors. If required by 0 TRACTOR shall obtain competitiv- subcontractors acceptable to 0 CONTRACTOR and shall deliver OWNER, who will then determi advice of ENGINEER, which bids, i acceptable. If any subcontract pro Subcontractor is to be paid on the Basis of the Work plus a fee, the Su'contractor's Cost of the Work and fee shall b:. in the same manner as CONTRA•TOR's of the Work and fee as provided graph 11.01. 4. Costs of special (including but not limited to architects, testing laboratories, attomeys, and accountants) e services specifically related to the 5. Supplemental costs in following: 00700 - General Conditio ,cuments\Master Contract Documents\00700 - General C