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C . If ENGINEER does not render a formal 2 . Cost of all materials and equipment
<br /> decision in writing within the time stated in paragraph furnished and incorporated in the Work , includ-
<br /> 10 . 05 . 6 , a decision denying the Claim in its entirety ing costs of transportation and storage thereof,
<br /> shall be deemed to have been issued 31 days after and Suppliers' field services required in
<br /> receipt of the last submittal of the claimant or the last connection therewith . All cash discounts shall
<br /> submittal of the opposing party, if any. accrue to CONTRACTOR unless OWNER
<br /> deposits funds with CONTRACTOR with which
<br /> D . No Claim for an adjustment in Contract Price to make payments , in which case the cash
<br /> or Contract Times (or Milestones) will be valid if not discounts shall accrue to OWNER . All trade
<br /> submitted in accordance with this paragraph 10 . 05 . discounts , rebates and refunds and returns
<br /> from sale of surplus materials and equipment
<br /> shall accrue to OWNER , and CONTRACTOR
<br /> ARTICLE 11 - COST OF THE WORK; CASH shall make provisions so that they may be
<br /> ALLOWANCES ; UNIT PRICE WORK obtained .
<br /> 3 . Payments made by CONTRACTOR
<br /> 11 . 01 Cost of the Work to Subcontractors for Work performed by
<br /> Subcontractors. If required by OWNER , LON -
<br /> A. Costs Included. The term Cost of the Work TRACTOR shall obtain competitive bids from
<br /> means the sum of all costs necessarily incurred and subcontractors acceptable to OWNER and
<br /> paid by CONTRACTOR in the proper performance of CONTRACTOR and shall deliver such bids to
<br /> the Work. When the value of any Work covered by a OWNER , who will then determine , with the
<br /> Change Order or when a Claim for an adjustment in advice of ENGINEER , which bids , if any , will be
<br /> Contract Price is determined on the basis of Cost of acceptable. If any subcontract provides that the
<br /> the Work, the costs to be reimbursed to Subcontractor is to be paid on the basis of Cost
<br /> CONTRACTOR will be only those additional or of the Work plus a fee , the Subcontractors
<br /> incremental costs required because of the change in Cost of the Work and fee shall be determined
<br /> the Work or because of the event giving rise to the in the same manner as CONTRACTOR' s Cost
<br /> Claim . Except as otherwise may be agreed to in of the Work and fee as provided in this para-
<br /> writing by OWNER , such costs shall be in amounts no graph 11 . 01 .
<br /> higher than those prevailing in the locality of the
<br /> Project, shall include only the following items, and 4 . Costs of special consultants
<br /> shall not include any of the costs itemized in para- ( including but not limited to engineers ,
<br /> graph 11 . 01 . 6 . architects , testing laboratories , surveyors ,
<br /> attorneys , and accountants) employed for
<br /> 1 . Payroll costs for employees in the services specifically related to the Work.
<br /> direct employ of CONTRACTOR in the perfor-
<br /> mance of the Work under schedules of job 5 . Supplemental costs including the
<br /> classifications agreed upon by OWNER and following :
<br /> CONTRACTOR . Such employees shall include
<br /> without limitation superintendents , foremen , a . The proportion of necessary trans-
<br /> and other personnel employed full time at the portation , travel , and subsistence expenses of
<br /> Site . Payroll costs for employees not employed CONTRACTOR's employees incurred in dis-
<br /> full time on the Work shall be apportioned on charge of duties connected with the Work.
<br /> the basis of their time spent on the Work.
<br /> Payroll costs shall include , but not be limited to, b . Cost, including transportation and
<br /> salaries and wages plus the cost of fringe maintenance, of all materials , supplies , equip-
<br /> benefits , which shall include social security ment, machinery, appliances , office , and
<br /> contributions , unemployment, excise , and temporary facilities at the Site , and hand tools
<br /> payroll taxes , workers' compensation , health not owned by the workers , which are consumed
<br /> and retirement benefits , bonuses , sick leave , in the performance of the Work, and cost, less
<br /> vacation and holiday pay applicable thereto . market value , of such items used but not con-
<br /> The expenses of performing Work outside of sumed which remain the property of CON-
<br /> regular working hours , on Saturday, Sunday, or TRACTOR .
<br /> legal holidays , shall be included in the above to
<br /> the extent authorized by OWNER .
<br /> 00700 - General Conditions REV 04-07
<br /> 00700 - 32
<br /> FAEngineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00700 - General
<br /> Conditions REV
<br /> 04-07.doc
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