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after receipt of the claimant's last submittal (unless to CONTRACTOR will be only those additional or ENGINEER allows additional time). incremental costs required because of the change in the Work or because of the event giving rise to the Claim B. ENGINEER 's Decision. ENGINEER will render Except as otherwise may be agreed to in writing by a formal decision in writing within 30 days after receipt of OWNER, such costs shall be in amounts no higher than the last submittal of the claimant or the last submittal of the those prevailing in the locality of the Project, shall include opposing party, if any. ENGINEER's written decision on only the following items, and shall not include any of the such Claim, dispute, or other matter will be fmal and costs itemized in paragraph 11 .0I .B . binding upon OWNER and CONTRACTOR unless: 1 . Payroll costs for employees in the direct 1 . an appeal from ENGINEER's decision is employ of CONTRACTOR in the performance of taken within the time limits and in accordance with the Work under schedules of job classifications the dispute resolution procedures set forth in Article agreed upon by OWNER and CONTRACTOR. 16; or Such employees shall include without limitation superintendents, foremen, and other personnel 2. if no such dispute resolution procedures employed full time at the Site. Payroll costs for have been set forth in Article 16, a written notice of employees not employed full time on the Work shall intention to appeal from ENGINEER's written be apportioned on the basis of their time spent on the decision is delivered by OWNER or CONTRAC- Work. Payroll costs shall include, but not be limited TOR to the other and to ENGINEER within 30 days to, salaries and wages plus the cost of fringe after the date of such decision, and a formal benefits, which shall include social security proceeding is instituted by the appealing party in a contributions, unemployment, excise, and payroll forum of competent jurisdiction within 60 days after taxes, workers ' compensation, health and retirement the date of such decision or within 60 days after benefits, bonuses, sick leave, vacation and holiday Substantial Completion, whichever is later (unless pay applicable thereto. The expenses of performing otherwise agreed in writing by OWNER and Work outside of regular working hours, on Saturday, CONTRACTOR), to exercise such rights or Sunday, or legal holidays, shall be included in the remedies as the appealing party may have with above to the extent authorized by OWNER. respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. 2. Cost of all materials and equipment fur- nished and incorporated in the Work, including costs C. If ENGINEER does not render a formal decision of transportation and stor ge thereof, and Suppliers' in writing within the time stated in paragraph 10.05 .13, a field servicesrequired in connection therewith. All decision denying the Claim in its entirety shall be deemed to cash discounts shall accrue to CONTRACTOR have been issued 31 days after receipt of the last submittal unless OWNER deposits funds with of the claimant or the last submittal of the opposing party, CONTRACTOR with which to make payments, in if any. which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds D. No Claim for an adjustment in Contract Price or and returns from sale of surplus materials and Contract Times (or Milestones) will be valid if not equipment shall accrue to OWNER, and submitted in accordance with this paragraph 10.05 . CONTRACTOR shall make provisions so that they may be obtained. ARTICLE I I - COST OF THE WORK; CASH 3. Payments made by CONTRACTOR to ALLOWANCES ; UNIT PRICE WORK Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from 11 .01 Cost of the Work subcontractors acceptable to OWNER and CON- TRACTOR and shall deliver such bids to OWNER, A. Costs Included: The term Cost of the Work means who will then determine, with the advice of ENGI- the sum of all costs necessarily incurred and paid by CON- NEER, which bids, if any, will be acceptable. If any TRACTOR in the proper performance of the Work. When subcontract provides that the Subcontractor is to be the value of any Work covered by a Change Order or when paid on the basis of Cost of the Work plus a fee, the a Claim for an adjustment in Contract Price is determined Subcontractor's Cost of the Work and fee shall be on the basis of Cost of the Work, the costs to be reimbursed determined in the same manner as 00700 - 32