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D . In the event that Engineer does not take action on a cash discounts shall accrue to Contractor unless
<br /> Claim within said 30 days, the Claim shall be deemed Owner deposits funds with Contractor with which to
<br /> denied . make payments, in which case the cash discounts
<br /> shall accrue to Owner. All trade discounts, rebates
<br /> E. Engineer ' s written action under Paragraph 10 . 05 . 0 or and refunds and returns from sale of surplus materials
<br /> denial pursuant to Paragraphs 10. 05 . C . 3 or 10 . 05 . 13 will and equipment shall accrue to Owner, and Contractor
<br /> be final and binding upon Owner and Contractor, unless shall make provisions so that they may be obtained.
<br /> Owner or Contractor invoke the dispute resolution
<br /> procedure set forth in Article 16 within 30 days of such 3 . Payments made by Contractor to Subcontractors
<br /> action or denial . for Work performed by Subcontractors . If required
<br /> by Owner, Contractor shall obtain competitive bids
<br /> F . No Claim for an adjustment in Contract Price or from subcontractors acceptable to Owner and
<br /> Contract Times will be valid if not submitted in Contractor and shall deliver such bids to Owner, who
<br /> accordance with this Paragraph 10 . 05 . will then determine, with the advice of Engineer,
<br /> which bids, if any, will be acceptable . If any
<br /> subcontract provides that the Subcontractor is to be
<br /> ARTICLE 1 I - COST OF THE WORK; paid on the basis of Cost of the Work plus a fee, the
<br /> ALLOWANCES ; UNIT PRICE WORK Subcontractor ' s Cost of the Work and fee shall be
<br /> determined in the same manner as Contractor ' s Cost
<br /> of the Work and fee as provided in this Paragraph
<br /> 11 .01 Cost of the Work 11 . 01 .
<br /> A. Costs Included: The term Cost of the Work means the 4 . Costs of special consultants (including but not
<br /> sum of all costs, except those excluded in Paragraph limited to Engineers, architects, testing laboratories,
<br /> 11 . 0l . B, necessarily incurred and paid by Contractor in surveyors, attorneys, and accountants) employed for
<br /> the proper performance of the Work. When the value of services specifically related to the Work.
<br /> any Work covered by a Change Order or when a Claim
<br /> for an adjustment in Contract Price is determined on the 5 . Supplemental costs including the following :
<br /> basis of Cost of the Work, the costs to be reimbursed to
<br /> Contractor will be only those additional or incremental a . The proportion of necessary transportation,
<br /> costs required because of the change in the Work or travel, and subsistence expenses of Contractor' s
<br /> because of the event giving rise to the Claim. Except as employees incurred in discharge of duties
<br /> otherwise may be agreed to in writing by Owner, such connected with the Work.
<br /> costs shall be in amounts no higher than those prevailing
<br /> in the locality of the Project, shall include only the b . Cost, including transportation and mainte-
<br /> following items, and shall not include any of the costs nance, of all materials, supplies, equipment,
<br /> itemized in Paragraph 11 . 01 . 13 . machinery, appliances, office, and temporary
<br /> facilities at the Site, and hand tools not owned by
<br /> 1 . Payroll costs for employees in the direct employ the workers, which are consumed in the perfor-
<br /> of Contractor in the performance of the Work under mance of the Work, and cost, less market value,
<br /> schedules of job classifications agreed upon by of such items used but not consumed which
<br /> Owner and Contractor. Such employees shall include, remain the property of Contractor .
<br /> without limitation, superintendents , foremen, and
<br /> other personnel employed full time at the Site . c. Rentals of all construction equipment
<br /> and
<br /> Payroll costs for employees not employed full time machinery, and the parts thereof whether rented
<br /> on the Work shall be apportioned on the basis of their from Contractor or others in accordance with
<br /> time spent on the Work. Payroll costs shall include, rental agreements approved by Owner with the
<br /> but not be limited to, salaries and wages plus the cost advice of Engineer, and the costs of
<br /> of fringe benefits , which shall include social security transportation, loading, unloading, assembly,
<br /> contributions, unemployment, excise, and payroll dismantling, and removal thereof. All such costs
<br /> taxes, workers ' compensation, health and retirement shall be in accordance with the terms of said
<br /> benefits, bonuses, sick leave, vacation and holiday rental agreements . The rental of any such equip-
<br /> pay applicable thereto . The expenses of performing ment, machinery, or parts shall cease when the
<br /> Work outside of regular working hours , on Saturday, use thereof is no longer necessary for the Work.
<br /> Sunday, or legal holidays, shall be included in the
<br /> above to the extent authorized by Owner. d. Sales, consumer, use , and other similar taxes
<br /> related to the Work, and for which Contractor is
<br /> 2 . Cost of all materials and equipment famished liable, imposed by Laws and Regulations .
<br /> and incorporated in the Work, including costs of
<br /> transportation and storage thereof, and Suppliers ' e . Deposits lost for causes other than negligence
<br /> field services required in connection therewith. All of Contractor, any Subcontractor, or anyone
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br /> 00700 - 30
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