Reso 2008-1221 - Laserfiche WebLink

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10.05 Claims and Disputes A. Notice: Written notice stating the general nature of cach Claim, dispute, or other matter shall be delivered by !.he claimant to ENGINEER and the otller party (0 the Contract promptly (but in no event later than 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 SlaI1 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 Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the.adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 d.1YS after receipt of the last submittal of the claimant or the la~t submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or o!.her matter will be fin.aI and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGlNEER's written decision is delivered by OWNER or CONTRACTOR to the other. and to ENGINEER within 30 days after the date of .such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jwi.sdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such riglJts or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal. decision in writing within the time -stated in paragraph IO.05.B. a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. 00700 - 30 D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOW ANCES; UNIT PRICE WORK II.OJ Cost oj the Work . A, Costs Included: The term Cost of tile Work means the sum of all costs necessarily incurred and paid by CON- TRACTOR in the proper performance of tlle Work, When the value of any Work covered by a Change Order or when a Claim for an adjusunent in Contract Price is determined on the basis of Cost of the Work,.the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to tlle Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of . tlle Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but DOt be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions. unem- ployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, . sick leave, vacation and .holiday pay applicable thereto. .The .expenses .oLperforming Work outside of regular worling hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash ~unts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CON'IRACTOR shall malce provisions so that they may be obtained.