Subcontractors

such Claim, dispute, or other matter will be final and and CONTRACTOR. Such employees shall includebinding upon OWNER and CONTRACTOR unless:without limitation superintendents, foremen, and otherpersonnel employed full time at the Site. Payroll costs for1. an appeal from ENGINEER's decision is taken within employees not employed full time on the Work shall bethe time limits and in accordance with the dispute resolution apportioned on the basis of their time spent on the Work.procedures set forth in Article 16; orPayroll costs shall include, but not be limited to, salariesand wages plus the cost of fringe benefits, which shall2. if no such dispute resolution procedures have been set include social security contributions, unemployment, excise,forth in Article 16, a written notice of intention to appeal and payroll taxes, workers' compensation, health andfrom ENGINEER's written decision is delivered by retirement benefits,-benweqe sick leave, vacation andOWNER or CONTRACTOR to the other and to holiday pay applicable thereto. The expenses of performingENGINEER within 30 days after the date of such decision, Work outside of regular working hours, on Saturday,and a formal proceeding is instituted by the appealing party Sunday, or legal holidays, shall be included in the above toin a forum of competent jurisdiction within 60 days after the the extent authorized by OWNER.date of such decision or within 60 days after SubstantialCompletion, whichever is later (unless otherwise agreed in 2. Cost of all materials and equipment furnished andwriting by OWNER and CONTRACTOR), to exercise such incorporated in the Work, including costs of transportationrights or remedies as the appealing party may have with and storage thereof, and Suppliers' field services required inrespect to such Claim, dispute, or other matter in connection therewith. All cash discounts shall accrue toaccordance with applicable Laws and Regulations.CONTRACTOR unless OWNER deposits funds withCONTRACTOR with which to make payments, in whichC. If ENGINEER does not render a formal decision case the cash discounts shall accrue to OWNER. All tradein writing within the time stated in paragraph 10.05,B, a discounts, rebates and refunds and returns from sale ofdecision denying the Claim in its entirety shall be deemed to surplus materials and equipment shall accrue to OWNER,have been issued 31 days after receipt of the last submittal and CONTRACTOR shall make provisions so that theyof -the claimant or the last submittal of the opposing party, may be obtained.if any.3. Payments made by CONTRACTOR to SubcontractorsD. No Claim for an adjustment in Contract Price or for Work performed by Subcontractors. If required byContract Times (or Milestones) will be valid if not OWNER, CONTRACTOR shall obtain competitive bidssubmitted in accordance with this paragraph 10.05.from subcontractors acceptable to OWNER and CON-TRACTOR and shall deliver such bids to OWNER, whoARTICLE 1 - COST OF THE WORK; CASH will then determine, with the advice of ENGINEER, whichALLOWANCES: UNIT PRICE WORKbids, if any, will be acceptable. If any subcontract providesthat the Subcontractor is to be paid on the basis of Cost of11.01 Cost of the Work the Work plus a fee, the Subcontractor's Cost of the Workand fee shall be determined in the same manner asA. Costs Included: The term Cost of the Work means CONTRACTOR's Cost of the Work and fee as provided inthe sum of all costs necessarily incurred and paid by CON- this paragraph 11.01.TRACTOR in the proper performance of the Work. Whenthe value of any Work covered by a Change Order or when 4. Costs of special consultants (including but not limiteda Claim for an adjustment in Contract Price is determined to engineers, architects, testing laboratories, surveyors,on the basis of Cost of the Work, the costs to be reimbursed attorneys, and accountants) employed for servicesto CONTRACTOR will be only those additional or specifically related to the Work.incremental costs required because of the change in theWork or because of the evcnt giving rise to the Claim. 5. Supplemental costs including the following:Except as otherwise may be agreed to in writing byOWNER, such costs shall be in amounts no higher than a. The proportion of necessary transportation, travel, andthose prevailing in the locality of the Project, shall include subsistence expenses of CONTRACTOR's employeesonly the following items, and shall not include any of the incurred in discharge of duties connected with the Work.costs itemized in paragraph 11.01 .B.b. Cost, including transportation and maintenance, of all1. Payroll costs for employees in the direct employ of materials, supplies, equipment, machinery, appliances,CONTRACTOR in the performance of the Work under office, and temporary facilities at the Site, and hand toolsschedules of job classifications agreed upon by OWNER not owned by the workers, which are consumned in theEJCDC No. 1910-8 (1996 Edition) 007200-33w/ JJG Modifications (Rev03/06/08)