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unless 01herwise, clearly stated The Opposing party shall submitany response
<br />cc; ENGINEER and the claimant wtithurt 30 days afler receipt ofthe claimant's
<br />last submittal (unless ENGINEEk allows additional time)
<br />B EAMSER's Decision ENGINEER will render formal decision
<br />after receipt of the Just:
<br />submittal of the clan or the last submittal of the opposing party, if any
<br />ENG[NEER'q written decision on such Claim, dispute, or other matter will be
<br />final and binding upon OWNER and CONTRACTOR unless -
<br />1 an appeal from ENGINFER's decision is Laken within the time
<br />ismils and is accordancewith the dispute resolution procedures set forth in
<br />Ar6cle 16, or
<br />2 if no such dispute resolution procedures have been set forth in
<br />Article 16, a written notice of intention to appeal from ENGINEER's
<br />written decision is delivered by OWNER or CONTRACTOR to the other
<br />and to ENGINEER within 30 days after the dale of such decision, and a
<br />formal 9ro(:ccduiP is "itutcd by the appealing party in a forum of
<br />competent itinizilicuon within 66 120 days aflor the date of such decision or
<br />,"thin 60 L10 days ager S Libstanti�al Cornplellonichever is later (unless
<br />otherwise agreed in writ Ing by OWNER and CONTRACTOR). to exercise
<br />such righis or remedies as (&- appealing party may have With respect 40 such
<br />Claim, dispute, or other m7mer in art oidanco with aprAicable Law and
<br />Regulations
<br />7,
<br />D No Claim for an adjustment in Contract Priet or Contract Times (or
<br />1, ON &
<br />O, M, Ai. -w
<br />ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCE
<br />PRICE WORK
<br />11.01 Cost ofthe Work
<br />A. Cow Included., The term Cost of Work means dies of all costs
<br />neincssardy incurred and paid by CONTRACTOR in the proper performance of
<br />am Wrair. When the value of any Work covered by a Change Order or when a
<br />Claim for an ad*tment in Contract Price is deteirsained on the basis of Cost of
<br />the Work, the costs to he reimbursed to CONTRACTOR will be only those
<br />additional or incremental costs requimd because ofthe change in the Work or
<br />of the evens gtmgnse in the Claim Exceptasotherwits maybe
<br />agreed
<br />to in writing by OWNER, such costs shall be in amounts no higher than those
<br />prevailing In the locality of the Project, shall include only the following item,
<br />and shall not include any ofthe costs itemized in paragraph I1-01.9,
<br />L Payroll costs for employees in the direct. employ of
<br />CONTRACTOR in the pearcrouice of Work under schedules of job
<br />classificittimis agreed upon by OWNER and CONTRACTOR, Such
<br />employees shal] include without limitation superintendents, foreniM and
<br />othortiegsomel employed full lime at the Site Payroll costs for employees
<br />not employed foil fim on the Work shall be apportioned on the basis of
<br />lbeirtimespanictrithe Word, Payroll costs shall triclude, but not be limited
<br />to, salaries and wages plus the cost of fringe benefits, which shall include
<br />social security contributions. unemployment, excise, and Payroll taxes,
<br />workers' o health and retirement benefit.% boauses, sick leave,
<br />vacation and holiday pay applicable thereto, The expenses ofperforrinag
<br />Work oukide of regular working hours, an Saturday, Sunday, or legal
<br />holidays, shall be Included in the above to the extent EU(hDliZCd by
<br />OWNER.
<br />T- .1,
<br />w 117� MOM'
<br />IM -1 0rT PQWJU
<br />Suppliers' field services required in conirccLion therewith, All cash
<br />3 Payments made by CONTRACTOR to Subcontractors for
<br />Work performed by Su actors. If reclaved by OWNER, CONTRAC-
<br />TOR shall obtain competitive bids from subcontractors acceptable to
<br />OWNER and CONTRACTOR and shall deliver such bids to OWNER, who
<br />will then ddernine, with the advice of ENGINEER, which bids, Lfany, will
<br />beanceptable If any subcontract pt a v, dts that the Subcontractor is to be
<br />paid on the basis at Cost ofthe Work Plus a foe, the Cod Of
<br />the Work and fee shall be determined in the same maurter as
<br />CONTRACTOR's Cost of the Work and fee as provided in this paragraph
<br />1101
<br />4 Costs of special consultants (including but not limited to
<br />engincas� arclutects. testing laboratories, surveyors, attorneys, and aci.,cun
<br />tanLs) employed for services specifically related to the Work
<br />5 Supplemental costs including the following
<br />a The proportion of nau%sary transportation, travel, and
<br />sulistaenoe e Venscs ofCON TRACTOR. s employees incurred in dis-
<br />charge of duties connected with the Work -
<br />b Cost, including transportation and maintenance, of all
<br />materials, supplies, equipment, machinery, appliances, office, and
<br />temporary facilities at the Site, and hand tools not owned by the
<br />workers, which are consumed in the performance of the Work and
<br />cost less market value, ofsuch it used but not consumed which
<br />remain the property of CONTRACTOR.
<br />c Rentals of all construction equipintatt and machinery, and
<br />the parts thereaCwhetlitr rented from CONTRACTOR oro in
<br />accordance with rental agreements app?aved by OWNER with the
<br />advice of ENGINEER, and the Losta of transportation, loading,
<br />unloading, awmitubly, ibsirwilfing, and removal thereof All such costs
<br />shall be in accordance with the Le rms of said rental agr&ements The
<br />reftW of any swh equipmenL machinery, or parts shall cease when the
<br />use th,reof is no longer necc%sary for the Work
<br />d Sales, consumer. use, and other similair taxes related to the
<br />C. Deposits lost for causes other than negligence Of
<br />CONI RACI OP, any Subcontractor. or anyone directly or indirectly
<br />empiloyM by any of them or for whose act any of them may be liable,
<br />and royally payments and fees for permits and licenses
<br />L Losses and damages (and related expenses) caused by
<br />damape to tilt Work, not compensated by insurance or othewise, sus-
<br />tained by CONTRACTOR in connection with the performance ofthe
<br />Work (except losses and damages within the deductible amounts of
<br />property Insurance atablished in aimardance with paragraph 5.06.D),
<br />provided such losses and damages have resulted from causes other
<br />than the negligcrice of CON17RACTOR, any Subcontractor, or anyone
<br />directly or indirectly employed by any of them or for whose acLs any
<br />of them may be liable Such losses shall include settlements rim&
<br />with the wrinert consent and approval orOWNER. No PA losses,
<br />damages, and expm= shall be included in the Cost oftba Work for
<br />the purpose otdell rn'tin"ng CONTRACTOR's fee
<br />It, Minor expenses such as telegrataiis. long di telephone
<br />calls, telephone servjcB at the Site, expressage. and similar petty cash
<br />items in connection with the Work
<br />i Wiricrithe Cost ofthe Work is used to determine the value
<br />of Change Ortler or of Claim, the cost ofprtniium for additional
<br />Bonds and insurance required becituse ofthe changes in the Work or
<br />caused by the event giving rim to the Claim.
<br />j, When all the Work is performed on the basis Of Cost-plU14
<br />the Costs Of premiums for all Bonds and insurance CONTRACTOR
<br />is required by the Conti Documents to purchase and maintain,
<br />B Costs Exrluded- The term Cosi ofthe Work shall not include say of
<br />the following items:
<br />I
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