Reso 2005-825 - Laserfiche WebLink

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10.05 Claims and Disputes A, Notic~: Written notice stating the general nature of each Claim, dispute, or ocher maaer shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in PO event later lhan 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim. dispute, or other matter). A Claim for an adjustment in Contract Price shall .be prepared in accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in ConQ'act Time shall be prepared. in accordance with the provisions of paragraph 12.02.B. Each Claim shall be aa:ompanied by ('!Slim.llnt's writtco statement that the.adjust- meat claimed is the entire adjustmCDl to which the claimant bcliew:s it is cotided as a result of said evCDl. The opposing pari)' sba11 submit any response to ENGINEER and the ('!ll1im.llnt within 30 days after receipt of the claimant's last subminal (unless ENGINEER. allows additional time). B. ENGINEER's Decision: ENGINEER will reDder a formal decision in writing within 30 days after receipt of the last submittal of the cli.imant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and bindi.ag upon OWNER and CONTRACfOR unless: 1. an appeal from ENGINEER's decision is taken within tbc time Iimks aod in ICCOrdaDce with the dispute resolution procedures set forch in Article 16; or 2. if DO such' disput.e resolution procedures bave bccD let fordl ill ArIick 16, . wriIrcD DOticc of iDtcotion to appeal from ENGINBER's writt.eD decision is. dc1iva'ed by O~ or CONTRACTOR 10 the other. . and to BNGINEBR widIin 30 days after die dale of.such decision, and a formal pft)CCt8di~ is iDstituted by the appca1iDg party in a.forum of compctcDl jurisdiction withia 60 days after Ibe dale of IIICh decision or withia 60 days after SubstaDdal Complecion. whichever is later (unless od=wlsc agreed in writiDg by OWNER and CONTRACI'OR), to ~ise such rights oucmedies as chc appealiag party may IuM with .respect to such Oaim. dispute, or other matter in ICCOIdaDce with applicable LawslDll ftc&uIadoas. C. If ENGINEER daeI _laid<< a formal decision in wridDg wIdIiD cbe time -1CIIed In pmgnph iO.OS.B, a decision dc:IlyiDg cbe Claim In Its eodrety sba11 be deemed to have beeD issued 31 days after receipt of die last submiual of che daimaDt or the last submittal of d1c opposiag party, if auy. 00700 - 30 n LJ D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid If not submitted n in accordance with this paragraph 10.OS. u n ARTICLE 1 I - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK LJ n 11.01 Cost of/he Wo,* u A. Costs Included: The term Cost of the Work: means n the sum of all costs necessarily incurred and paid by CON- u TRACfOR in the proper performance of the Work. When lhe value of any Work covered by a Change Order or when n a Claim for an.adjustment in Contract Price is determined on u the 'basis of Cost of the Work. ..the costs to be reimbursed to CONTRACI'OR will be only.tbosc additional or incremental n costs JeqUinld because of the clumge in the Work or because of the evCDl giving rise to the Claim. E.xcept as otherwise U may be agreed 10 in writing by OWNER. such costs ah811 be in amounts no higher than those prevailing in the locality of n the Project, sbal1 include only the following items, and shall u not include any of the costs itemized in paragraph 11.01.B. n 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classiflCltions agreed upon by OWNER and CONTRACTOR. Such employees sha!' include without limitation mperinteDdeDts, foremen, anCl other penonncl employed full time at the Site. Payroll costs for .employees DOt employed full time on the Work shall be apponioncd on the basis of their time speDt on Ibe Work. Payroll costs sba1l iDcludc, but DOt be limited to, salaries and wages plus the cost of friD&e beaefits, wbidllba1l iDcludc social scc:urity comributicms, mem- ployDlCUl, ~, aDd payroU ru:ca, \Wtkcn' . c:ompeDSItion, health aad.ft:IiIement bCDcfits, boDuses, . .sick.leave, vacation aDdholiday pay applicable Ihereto. . " .The .expenses..of~perfomliDg Worlc outside of regular workiug hours, on"Saturday, Sunday, or legal holidays, shall be included in the above 10 the extent authorized by OWNER. u n u n LJ n u n LJ n LJ 2. Cost of all materials and equipment fumished UJd incorporated in the Work. includiag costs of uaasporwion. and storage thereof, and Suppliers' field services required in CODDCction Cherewith. All cash diIcouDU sbaIl accrue. to CONTRACTOR UDless OWNER deposits fuDds with CONTRACTOR with wbic:h to maIz paymeafs, in whid1 cue chc cash ,risc:oaDls sbaIllCCnIC to OWNER. AU trade discouD!s, ~bates and ~fUDdS aDd retunlS from sale of aurplus materials and equipmeD11baJ11CCl'UC CO OWNER. aOO CONTRACI'OR IbaIl make provisioas so Ibat they maj be obcairA 1 n u n u n LJ n u n u