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claimants last submittal (unless ENGINEER the- Work,, the, costs to be reimbursed to
<br /> 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, maybe. agreed ;to in
<br /> receipt of the last submittal of the claimant or the last... writing-by OWNER; such costs shall be in amounts.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 itemized in para-
<br /> CONTRACTOR unless: graph 1.1.01.B.
<br /> 1. an appeal from ENGINEER's 1. PaYF911—costof49F eFADIEwopc-�„e
<br /> decision is taken within .the time limits and in
<br /> accordance with the dispute. resolution
<br /> .procedures set forth in Article 16;or Glassi€Gati_
<br /> CONTRACT R. S�Gh
<br /> 2,. if no such dispute resolution ,
<br /> .procedures have been set forth in.Article 163.a
<br /> written notice: of intention to appeal from -
<br /> ENGINEER's written decision_ is delivered by fyll time !he We* shall be app6i4iened en
<br /> OWNER or CONTRACTOR to the other and to the basisi n-f their tiOe spent.on the, VVGFk.
<br /> ENGINEER. within 30 days-.after the date of ,
<br /> sucti.l decision,., and a formal proceeding is
<br /> instituted by the appealing, party in a forum of
<br /> competent jurisdiction within 60:days-after.the GGnttibutiens, unemoloyment, exbisrb,
<br /> date of such decision or within 60:days after - ,
<br /> Substahtial Completion, whichever is later
<br /> (unless otherwise agreed in writing by OWNER
<br /> and CONTRACTOR), to exercise-such rights or` koutside. of
<br /> remedies`as.the appealing party may have withf
<br /> respect.to-such Claim, dispute,,or other matter heIidaysFs4II.b16
<br /> in• .accordance with applicable- Laws. and .
<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'ttlereof;
<br /> 10.05:13, a decision,denying the Claim in its entirety and Suppliers' field sere"ices required in
<br /> shall be deemed;-to have been issued 31 days after connection therewith-. All cash discounts shall
<br /> receiptoflhe 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 /> p: 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 /> r shall accrue to-OWNER,.;and CONTRACTOR
<br /> shall' make: provisions so.-that they- may ay be
<br /> ARTICLE•11 =COST OF THE WORK;=CASH ob_tained_,
<br /> UNIT'PRICE'WOR
<br /> ALLOWANCES; K-
<br /> 3, Payments=made by CONTRACTOR
<br /> to Subcontractors. -for Work- performed .by
<br /> _91.01 Cost-of the Work Subcontractors. If required by-OWNER,.CON-
<br /> TRACTOR shall obtain competitive bids,from
<br /> -A. Cosfs Inciuded: The term Cost of the;Work, subcontractors acceptable. to OWNER and
<br /> means-the-sum of,all costs necessarily.incurred and, CONTRACTOR and-shaH."Aeliver suck bids to
<br /> paid by CONTRACTOR in the proper performance,of OWNER, who will .then determine; _with tie
<br /> the.Work: •Whenthe.value of•any Work covered by a: advice of•ENGINEER,-which.bids,if any,,will.be
<br /> Change Order-or-when a_Claim for an adjustmentin'. acceptable: If.anyrsubcontract`provides that the
<br /> Contract.Price_is_determined on-the basis of'Cost,of, Subcohifkfor-is:to be paid on the basis-of Cost,
<br /> 00700-General CondiOon's REV 5-10=13
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<br /> WorksIENGINEERIMTS11330-I.R.C:GoLine Transfer HuMAdmiftid doaanentMaster Contract Documentsl00700:General Conditions REV.5-10-13.doc,
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