|
' individual or entity, or to any surety for or employee or agent of 10 . 03 Execution of Change Orders
<br /> any of them .
<br /> A. OWNER and CONTRACTOR shall execute appropri-
<br /> ' B . ENGINEER will not supervise, direct, control , or have ate Change Orders recommended by ENGINEER (or Written
<br /> authority over or be responsible for CONTRACTOR's means , Amendments ) covering :
<br /> methods , techniques , sequences , or procedures of construction,
<br /> or the safety precautions and programs incident thereto, or for 1 . changes in the Work which are: (i ) ordered
<br /> by
<br /> ' any failure of CONTRACTOR to comply with Laws and OWNER pursuant to paragraph 10. 01 .A,
<br /> (ii ) required
<br /> Regulations applicable to the performance of the Work. because of acceptance of defective Work under para-
<br /> ENGINEER will not be responsible for CONTRACTOR's failure graph 13. 08 .A or OWNER's correction of defective
<br /> to perform the Work in accordance with the Contract Work under paragraph 13 . 09, or ( iii ) agreed to by the
<br /> ' Documents . parties ;
<br /> C. ENGINEER will not be responsible for the acts or 2. changes in the Contract Price or Contract Times
<br /> omissions of CONTRACTOR or of any Subcontractor, any which are agreed to by the parties ,
<br /> including any
<br /> Supplier, or of any other individual or entity performing any of undisputed sum or amount of time for Work
<br />actually
<br /> the Work. performed in accordance with a Work Change Directive;
<br /> and
<br /> D. ENGINEER's review of the final Application for
<br /> ' Payment and accompanying documentation and all mainte- 3 . changes in the Contract Price or Contract Times
<br /> nance and operating instructions , schedules , guarantees , which embody the substance of any written decision
<br /> Bonds , certificates of inspection, tests and approvals , and other rendered by ENGINEER pursuant to paragraph 10. 05;
<br /> documentation required to be delivered by paragraph 14 . 07 .A provided that, in lieu of executing any such
<br /> Change
<br /> ' will only be to determine generally that their content complies Order, an appeal may be taken from any such decision
<br /> with the requirements of, and in the case of certificates of in- in accordance with the provisions
<br /> of the Contract
<br /> spections , tests , and approvals that the results certified indicate Documents and applicable Laws and Regulations , but
<br /> compliance with, the Contract Documents . during any such appeal, CONTRACTOR shall carry on
<br /> ' the Work and adhere to the progress schedule as
<br /> E. The limitations upon authority and responsibility set provided in paragraph 6. 18.A.
<br /> forth in this paragraph 9. 10 shall also apply to ENGINEER's
<br /> Consultants , Resident Project Representative, and assistants . 10 .04 Notification to Surety
<br /> ARTICLE 10 - CHANGES IN THE WORK ; CLAIMS A. If notice of any change affecting the general scope of
<br /> the Work or the provisions of the Contract Documents
<br /> ( including , but not limited to, Contract Price or Contract Times)
<br /> 10. 01 Authorized Changes in the Work is required by the provisions of any Bond to be given to a surety,
<br /> the giving of any such notice will be CONTRACTOR's
<br /> A. Without invalidating the Agreement and without notice responsibility. The amount of each applicable Bond will
<br /> be
<br /> to any surety , OWNER may, at any time or from time to time, adjusted to reflect the effect of any such change.
<br /> ' order additions, deletions , or revisions in the Work by a Written
<br /> Amendment, a Change Order, or a Work Change Directive.
<br /> Upon receipt of any such document, CONTRACTOR shall
<br /> promptly proceed with the Work involved which will be
<br /> ' performed under the applicable conditions of the Contract
<br /> Documents (except as otherwise specifically provided ).
<br /> B . If OWNER and CONTRACTOR are unable to agree
<br /> ' on entitlement to, or on the amount or extent, if any, of an
<br /> adjustment in the Contract Price or Contract Times , or both , that
<br /> should be allowed as a result of a Work Change Directive, a
<br /> Claim may be made therefore as provided in paragraph 10 . 05.
<br /> ' 10 . 02 Unauthorized Changes in the Work
<br /> A. CONTRACTOR shall not be entitled to an increase in
<br /> ' the Contract Price or an extension of the Contract Times with
<br /> respect to any work performed that is not required by the
<br /> Contract Documents as amended , modified , or supplemented
<br /> as provided in paragraph 3. 04, except in the case of an emer-
<br /> gency as provided in paragraph 6. 16 or in the case of
<br /> uncovering Work as provided in paragraph 13 .04 . B .
<br /> ' 044572000
<br /> 00700 - 25
<br />
|