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2 . if no such dispute resolution classifications on agreed u b OWNER and 9 P Y procedures have been set forth in Article 16 , a CONTRACTOR. Such employees shall include ' written notice of intention to appeal from without limitation superintendents , foremen , ENGINEER's written decision is delivered by and other personnel employed full time at the OWNER or CONTRACTOR to the other and to Site . Payroll costs for employees not employed ENGINEER within 30 days after the date of full time on the Work shall be apportioned on such decision , and a formal proceeding is the basis of their time spent on the Work . instituted by the appealing party in a forum of Payroll costs shall include , but not be limited to , competent jurisdiction within 60 days after the salaries and wages plus the cost of fringe date of such decision or within 60 days after benefits , which shall include social security Substantial Completion , whichever is later contributions , unemployment, excise, and (unless otherwise agreed in writing by OWNER payroll taxes , workers' compensation , health and CONTRACTOR) , to exercise such rights or and retirement benefits , bonuses , sick leave , ' remedies as the appealing party may have with vacation and holiday pay applicable thereto . respect to such Claim , dispute, or other matter The expenses of performing Work outside of in accordance with applicable Laws and regular working hours , on Saturday, Sunday, or ' Regulations . legal holidays , shall be included in the above to the extent authorized by OWNER . C . If ENGINEER does not render a formal decision in writing within the time stated in paragraph 2 . Cost of all materials and equipment 10 . 05 . 6 , a decision denying the Claim in its entirety furnished and incorporated in the Work, includ- shall be deemed to have been issued 31 days after ing costs of transportation and storage thereof, receipt of the last submittal of the claimant or the last and Suppliers' field services required in submittal of the opposing party, if any. connection therewith . All cash discounts shall accrue to CONTRACTOR unless OWNER D . No Claim for an adjustment in Contract Price deposits funds with CONTRACTOR with which or Contract Times (or Milestones) will be valid if not to make payments , in which case the cash submitted in accordance with this paragraph 10 .05 . discounts shall accrue to OWNER. All trade discounts , rebates and refunds and returns from sale of surplus materials and equipment ARTICLE 11 - COST OF THE WORK; CASH shall accrue to OWNER , and CONTRACTOR ALLOWANCES ; UNIT PRICE WORK shall make provisions so that they may be obtained . 11 . 01 Cost of the Work 3 . Payments made by CONTRACTOR to Subcontractors for Work performed by A. Costs Included: The term Cost of the Work Subcontractors . If required by OWNER, CON- means the sum of all costs necessarily incurred and TRACTOR shall obtain competitive bids from paid by CONTRACTOR in the proper performance of subcontractors acceptable to OWNER and the Work. When the value of any Work covered by a CONTRACTOR and shall deliver such bids to Change Order or when a Claim for an adjustment in OWNER, who will then determine , with the ' Contract Price is determined on the basis of Cost of advice of ENGINEER, which bids , if any, will be the Work, the costs to be reimbursed to acceptable . If any subcontract provides that the CONTRACTOR will be only those additional or Subcontractor is to be paid on the basis of Cost incremental costs required because of the change in of the Work plus a fee, the Subcontractor's ' the Work or because of the event giving rise to the Cost of the Work and fee shall be determined Claim . Except as otherwise may be agreed to in in the same manner as CONTRACTOR's Cost writing by OWNER, such costs shall be in amounts no of the Work and fee as provided in this para- higher than those prevailing in the locality of the graph 11 .01 . Project, shall include only the following items , and shall not include any of the costs itemized in para- 4 . Costs of special consultants graph 11 .01 . 6 . (including but not limited to engineers , ' architects , testing laboratories , surveyors , 1 . Payroll costs for employees in the attorneys , and accountants) employed for direct employ of CONTRACTOR in the perfor- services specifically related to the Work . mance of the Work under schedules of job 00700-33 0386- 00700 - General Conditions ' F:\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc