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C. If ENGINEER does not render a formal
<br />decision in writing within the time stated in paragraph
<br />10.05.B, a decision denying the Claim in its entirety
<br />shall be deemed to have been issued 31 days after
<br />receipt of the last submittal of the claimant or the last
<br />submittal of the opposing party, if any.
<br />D. No Claim for an adjustment in Contract Price
<br />or Contract Times (or Milestones) will be valid if not
<br />submitted in accordance with this paragraph 10.05.
<br />ARTICLE 11 - COST OF THE WORK; CASH
<br />ALLOWANCES; UNIT PRICE WORK
<br />11.01 Cost of the Work
<br />A. Costs Included: The term Cost of the Work
<br />means the sum of all costs necessarily incurred and
<br />paid by CONTRACTOR in the proper performance of
<br />the Work. When the value of any Work covered by a
<br />Change Order or when a Claim for an adjustment in
<br />Contract Price is determined on the basis of Cost of
<br />the Work, the costs to be reimbursed to
<br />CONTRACTOR will be only those additional or
<br />incremental costs required because of the change in
<br />the Work or because of the event giving rise to the
<br />Claim. Except as otherwise may be agreed to in
<br />writing by OWNER, such costs shall be in amounts no
<br />higher than those prevailing in the locality of the
<br />Project, shall include only the following items, and
<br />shall not include any of the costs itemized in para-
<br />graph 11.01.B.
<br />1. Payroll costs for employees in the
<br />direct employ of CONTRACTOR in the perfor
<br />mance of the Work under schedules of job
<br />CONTRACTOR. Such employees shall include
<br />without limitation superintendents, foremen,
<br />and othcr personnel employed full time at the
<br />Site. Payroll costs for employees not employed
<br />the basis of their time spent on the Work.
<br />salaries and wages plus the cost of fringe
<br />benefits, which shall include social security
<br />contributions, unemployment, excise, and
<br />payroll taxes, workers' compensation, health
<br />and retirement benefits, bonuses, sick leave,
<br />vacation and holiday pay applicable thereto.
<br />The expenses of performing Work outside of
<br />regular working hours, on Saturday, Sunday, or
<br />legal holidays, shall be included in the above to
<br />the extent authorized by OWNER.
<br />2. Cost of all materials and equipment
<br />furnished and incorporated in the Work, includ-
<br />ing costs of transportation and storage thereof,
<br />and Suppliers' field services required in
<br />connection therewith. All cash discounts shall
<br />accrue to CONTRACTOR unless OWNER
<br />deposits funds with CONTRACTOR with which
<br />to make payments, in which case the cash
<br />discounts shall accrue to OWNER. All trade
<br />discounts, rebates and refunds and returns
<br />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 />3. Payments made by CONTRACTOR
<br />to Subcontractors for Work performed by
<br />Subcontractors. If required by OWNER, CON-
<br />TRACTOR shall obtain competitive bids from
<br />subcontractors acceptable to OWNER and
<br />CONTRACTOR and shall deliver such bids to
<br />OWNER, who will then determine, with the
<br />advice of ENGINEER, which bids, if any, will be
<br />acceptable. If any subcontract provides that the
<br />Subcontractor is to be paid on the basis of Cost
<br />of the Work plus a fee, the Subcontractor's
<br />Cost of the Work and fee shall be determined
<br />in the same manner as CONTRACTOR's Cost
<br />of the Work and fee as provided in this para-
<br />graph 11.01.
<br />4. Costs of special consultants
<br />(including but not limited to engineers,
<br />architects, testing laboratories, surveyors,
<br />attorneys, and accountants) employed for
<br />services specifically related to the Work.
<br />5. Supplemental costs including the
<br />following:
<br />a. The proportion of necessary trans-
<br />portation, travel, and subsistence expenses of
<br />CONTRACTOR's employees incurred in dis-
<br />charge of duties connected with the Work.
<br />b. Cost, including transportation and
<br />maintenance, of all materials, supplies, equip-
<br />ment, machinery, appliances, office, and
<br />temporary facilities at the Site, and hand tools
<br />not owned by the workers, which are consumed
<br />in the performance of the Work, and cost, less
<br />market value, of such items used but not con-
<br />sumed which remain the property of CON-
<br />TRACTOR.
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