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' applicable Bond will be adjusted to reflect the effect of any <br /> such change . C . If ENGINEER does not render a formal decision <br /> in writing within the time stated in paragraph 10 .05 .13 , a <br /> ' 10 . 05 Claims and Disputes decision denying the Claim in its entirety shall be deemed to <br /> have been issued 31 days after receipt of the last submittal <br /> A. Notice: Written notice stating the general nature of the claimant or the last submittal of the opposing party, <br /> ' of each Claim, dispute, or other matter shall be delivered by if any. <br /> the claimant to ENGINEER and the other party to the <br /> Contract promptly (but in no event later than 30 days) after D . No Claim for an adjustment in Contract Price or <br /> the start of the event giving rise thereto. Notice of the Contract Times (or Milestones) will be <br /> valid if not <br /> amount or extent of the Claim, dispute, or other matter with submitted in accordance with this paragraph 10 .05 . <br /> supporting data shall be delivered to the ENGINEER and <br /> the other party to the Contract within 60 days after the start <br /> ' of such event (unless ENGINEER allows additional time ARTICLE 11 - COST OF THE WORK; CASH <br /> for claimant to submit additional or more accurate data in ALLOWANCES ; UNIT PRICE WORK <br /> support of such Claim, dispute, or other matter). A Claim <br /> for an adjustment in Contract Price shall be prepared in <br /> accordance with the provisions of paragraph 12 .01 .B . A 11 . 01 Cost of the Work <br /> Claim for an adjustment in Contract Time shall be prepared <br /> in accordance with the provisions of paragraph 12 . 02 .13 . A. Costs Included: The term Cost of the Work means <br /> ' Each Claim shall be accompanied by claimant's written the sum of all costs necessarily incurred and paid by <br />CON- <br /> statement that the adjustment claimed is the entire TRACTOR in the proper performance of the Work. When <br /> adjustment to which the claimant believes it is entitled as a the value of any Work covered by a Change Order or when <br /> result of said event. The opposing party shall submit any a Claim for an adjustment in Contract Price is determined <br /> response to ENGINEER and the claimant within 30 days on the basis of Cost of the Work, the costs to be reimbursed <br /> after receipt of the claimant' s last submittal (unless to CONTRACTOR will be only those additional or <br /> ENGINEER allows additional time). incremental costs required because of the change in the <br /> ' Work or because of the event giving rise to the Claim. <br /> B . ENGINEER 's Decision : ENGINEER will render Except as otherwise may be agreed to in writing by <br /> a formal decision in writing within 30 days after receipt of OWNER, such costs shall be in amounts no higher than <br /> the last submittal of the claimant or the last submittal of the those prevailing in the locality of the Project, shall include <br /> i opposing party, if any. ENGINEER' s written decision on only the following items, and shall not include any of the <br /> such Claim, dispute, or other matter will be final and costs itemized in paragraph 11 .0I .B . <br /> binding upon OWNER and CONTRACTOR unless: <br /> ' 1 . Payroll costs for employees in the direct <br /> 1 . an appeal from ENGINEER's decision is employ of CONTRACTOR in the performance of <br /> taken within the time limits and in accordance with the Work under schedules of job classifications <br /> the dispute resolution procedures set forth in Article agreed upon by OWNER and CONTRACTOR. <br /> 16; or Such employees shall include without limitation <br /> superintendents, foremen, and other personnel <br /> ' 2 . if no such dispute resolution procedures employed full time at the. Site . Payroll costs for <br /> have been set forth in Article 16, a written notice of employees not employed full time on the Work shall <br /> intention to appeal from ENGINEER' s written be apportioned on the basis of their time spent on the <br /> decision is delivered by OWNER or CONTRAC- Work. Payroll costs shall include, but not be limited <br /> ' TOR to the other and to ENGINEER within 30 days to, salaries and wages plus the cost of fringe <br /> after the date of such decision, and a formal benefits, which shall include social security <br /> proceeding is instituted by the appealing party in a contributions, unemployment, excise, and payroll <br /> forum of competent jurisdiction within 60 days after taxes, workers ' compensation, health and retirement <br /> the date of such decision or within 60 days after benefits, bonuses, sick leave, vacation and holiday <br /> Substantial Completion, whichever is later (unless pay applicable thereto . The expenses of performing <br /> otherwise agreed in writing by OWNER and Work outside of regular working hours, on Saturday, <br /> ' CONTRACTOR), to exercise such rights or Sunday, or legal holidays, shall be included in the <br /> remedies as the appealing party may have with above to the extent authorized by OWNER. <br /> respect to such Claim, dispute, or other matter in <br /> ' accordance with applicable Laws and Regulations . <br /> ' 00700 - 32 <br />