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allows additional time for claimant to submit additional or more
<br />accurate data in support of such Claim, dispute, or other
<br />matter). A Claim for an adjustment in Contract Price shall be
<br />prepared in accordance with the provisions of paragraph
<br />12.01.13. A Claim for an adjustment in Contract Time shall be
<br />prepared in accordance with the provisions of paragraph
<br />12.02.8. Each Claim shall be accompanied by claimant's
<br />written statement that the adjustment claimed is the entire
<br />adjustment to which the claimant believes it is entitled as a
<br />result of said event. The opposing party shall submit any
<br />response to ENGINEER and the claimant within 30 days after
<br />receipt of the claimant's last submittal (unless ENGINEER
<br />allows additional time).
<br />B. ENGINEER's Decision: ENGINEER will render a
<br />formal decision in writing within 30 days after receipt of the last
<br />submittal of the claimant or the last submittal of the opposing
<br />parry, if any. ENGINEER's written decision on such Claim,
<br />dispute, or other matter will be final and binding upon OWNER
<br />and CONTRACTOR unless:
<br />1.an appeal from ENGINEER's decision is taken
<br />within the time limits and in accordance with the dispute
<br />resolution procedures set forth in Article 16; or
<br />2.if no such dispute resolution procedures have
<br />been set forth in Article 16, a written notice of intention
<br />to appeal from ENGINEER's written decision is
<br />delivered by OWNER or CONTRACTOR to the other
<br />and to ENGINEER within 30 days after the date of such
<br />decision, and a formal proceeding is instituted by the
<br />appealing party in a forum of competent jurisdiction
<br />within 60 days after the date of such decision or within
<br />60 days after Substantial Completion, whichever is later
<br />(unless otherwise agreed in writing by OWNER and
<br />CONTRACTOR), to exercise such rights or remedies as
<br />the appealing party may have with respect to such
<br />Claim, dispute, or other matter in accordance with
<br />applicable Laws and Regulations.
<br />C. If ENGINEER does not render a formal decision in
<br />writing within the time stated in paragraph 10.05.13, a decision
<br />denying the Claim in its entirety shall be deemed to have been
<br />issued 31 days after receipt of the last submittal of the claimant
<br />or the last submittal of the opposing party, if any.
<br />D. No Claim for an adjustment in Contract Price or
<br />Contract Times (or Milestones) will be valid if not submitted in
<br />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 means
<br />the sum of all costs necessarily incurred and paid by CON-
<br />TRACTOR in the proper performance of the Work. When the
<br />value of any Work covered by a Change Order or when a Claim
<br />for an adjustment in Contract Price is determined on the basis
<br />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 because of
<br />the event giving rise to the Claim. Except as otherwise may be
<br />agreed to in writing by OWNER, such costs shall be in amounts
<br />no higher than those prevailing in the locality of the Project,
<br />shall include only the following items, and shall not include any
<br />of the costs itemized in paragraph 11.01.6.
<br />I. Payroll costs for employees in the direct employ
<br />of CONTRACTOR in the performance of the Work
<br />under schedules of job classifications agreed upon by
<br />OWNER and CONTRACTOR. Such employees shall
<br />include without limitation superintendents, foremen, and
<br />other personnel employed full time at the Site. Payroll
<br />costs for employees not employed full time on the Work
<br />shall be apportioned on the basis of their time spent on
<br />the Work. Payroll costs shall include, but not be limited
<br />to, salaries and wages plus the cost of fringe benefits,
<br />which shall include social security contributions, unem-
<br />ployment, excise, and payroll taxes, workers'
<br />compensation, health and retirement benefits, bonuses,
<br />sick leave, vacation and holiday pay applicable thereto.
<br />The expenses of performing Work outside of regular
<br />working hours, on Saturday, Sunday, or legal holidays,
<br />shall be included in the above to the extent authorized
<br />by OWNER.
<br />2.Cost of all materials and equipment furnished
<br />and incorporated in the Work, including costs of
<br />transportation and storage thereof, and Suppliers' field
<br />services required in connection therewith. All cash
<br />discounts shall accrue to CONTRACTOR unless
<br />OWNER deposits funds with CONTRACTOR with
<br />which to make payments, in which case the cash
<br />discounts shall accrue to OWNER. All trade discounts,
<br />rebates and refunds and returns from sale of surplus
<br />materials and equipment shall accrue to OWNER, and
<br />CONTRACTOR shall make provisions so that they may
<br />be obtained -
<br />3 -
<br />Payments made by CONTRACTOR to
<br />Subcontractors for Work performed by Subcontractors.
<br />If required by OWNER, CONTRACTOR shall obtain
<br />competitive bids from subcontractors acceptable to
<br />OWNER and CONTRACTOR and shall deliver such
<br />bids to 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 of the
<br />Work plus a fee, the Subcontractor's Cost of the Work
<br />and fee shall be determined in the same manner as
<br />CONTRACTOR's Cost of the Work and fee as provided
<br />in this paragraph 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 connected
<br />with the Work.
<br />b.Cost, including transportation and maintenance,
<br />of all materials, supplies, equipment, machinery,
<br />appliances, office, and temporary facilities at the Site,
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