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2011-108B
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2011-108B
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Last modified
2/9/2016 1:05:01 PM
Creation date
10/1/2015 2:41:07 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
05/10/2011
Control Number
2011-108B
Agenda Item Number
8.D.
Entity Name
Data Flow Systems,Inc.
Subject
Reuse Distribution Automation System upgrade and automation
Project Number
UCP-4065
Bid Number
2011032
Supplemental fields
SmeadsoftID
10005
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ARTICLE 10 - CHANGES IN THE WORK ; CLAIMS 10 . 04 Notification to Surety <br /> A . If notice of any change affecting the general scope of <br /> 10 . 01 Authorized Changes in the Work the Work or the provisions of the Contract Documents <br /> ( including , but not limited to, Contract Price or Contract <br /> A . Without invalidating the Contract and without notice Times) is required by the provisions of any bond to be <br /> to any surety , Owner may , at any time or from time to given to a surety , the giving of any such notice will be <br /> time, order additions , deletions , or revisions in the Work Contractor ' s responsibility . The amount of each <br /> by a Change Order, or a Work Change Directive . Upon applicable bond will be adjusted to reflect the effect of <br /> receipt of any such document , Contractor shall promptly any such change . <br /> proceed with the Work involved which will be performed <br /> under the applicable conditions of the Contract 10 . 05 Claims <br /> Documents (except as otherwise specifically provided ) . <br /> A . Engineer 's Decision Required: All Claims, except <br /> B . If Owner and Contractor are unable to agree on those waived pursuant to Paragraph 14 . 09 , shall be <br /> entitlement to , or on the amount or extent, if any, of an referred to the Engineer for decision . A decision by <br /> adjustment in the Contract Price or Contract Times , or Engineer shall be required as a condition precedent to any <br /> both , that should be allowed as a result of a Work Change exercise by Owner or Contractor of any rights or remedies <br /> Directive, a Claim may be made therefor as provided in either may otherwise have under the Contract Documents <br /> Paragraph 10 . 05 . or by Laws and Regulations in respect of such Claims . <br /> 10 . 02 Unauthorized Changes in the Work B . Notice : Written notice stating the general nature of <br /> each Claim shall be delivered by the claimant to Engineer <br /> A . Contractor shall not be entitled to an increase in the and the other party to the Contract promptly (but in no <br /> Contract Price or an extension of the Contract Times with event later than 30 days) after the start of the event giving <br /> respect to any work performed that is not required by the rise thereto . The responsibility to substantiate a Claim <br /> Contract Documents as amended , modified , or shall rest with the party making the Claim . Notice of the <br /> supplemented as provided in Paragraph 3 . 04, except in the amount or extent of the Claim , with supporting data shall <br /> case of an emergency as provided in Paragraph 6 . 16 or in be delivered to the Engineer and the other party to the <br /> the case of uncovering Work as provided in Paragraph Contract within 60 days after the start of such event <br /> 13 . 04 . 13 . ( unless Engineer allows additional time for claimant to <br /> submit additional or more accurate data in support of such <br /> 10 . 03 Execution of Change Orders Claim) . A Claim for an adjustment in Contract Price shall <br /> be prepared in accordance with the provisions of <br /> A . Owner and Contractor shall execute appropriate Paragraph 12 . 01 . 13 . A Claim for an adjustment in Contract <br /> Change Orders recommended by Engineer covering : Time shall be prepared in accordance with the provisions <br /> of Paragraph 12 . 02 . 13 . Each Claim shall be accompanied <br /> I . changes in the Work which are : ( i ) ordered by by claimant's written statement that the adjustment <br /> Owner pursuant to Paragraph 10 . 01 . A , ( ii) required claimed is the entire adjustment to which the claimant <br /> because of acceptance of defective Work under believes it is entitled as a result of said event . The <br /> Paragraph 13 . 08 . A or Owner' s correction of opposing party shall submit any response to Engineer and <br /> defective Work under Paragraph 13 . 09 , or (iii ) agreed the claimant within 30 days after receipt of the claimant ' s <br /> to by the parties ; last submittal (unless Engineer allows additional time) . <br /> 2 . changes in the Contract Price or Contract Times C . Engineer 's Action : Engineer will review each Claim <br /> which are agreed to by the parties , including any and , within 30 days after receipt of the last submittal <br /> of <br /> undisputed sum or amount of time for Work actually the claimant or the last submittal of the opposing party , if <br /> performed in accordance with a Work Change any , take one of the following actions in writing : <br /> Directive ; and <br /> 1 . deny the Claim in whole or in part, <br /> 3 . changes in the Contract Price or Contract Times <br /> which embody the substance of any written decision 2 . approve the Claim , or <br /> rendered by Engineer pursuant to Paragraph 10 . 05 ; <br /> provided that, in lieu of executing any such Change 3 . notify the parties that the Engineer is unable to <br /> Order, an appeal may be taken from any such deci - resolve the Claim if, in the Engineer ' s sole discretion , <br /> sion in accordance with the provisions of the it would be inappropriate for the Engineer to do so . <br /> Contract Documents and applicable Laws and For purposes of further resolution of the Claim , such <br /> Regulations , but during any such appeal , Contractor notice shall be deemed a denial . <br /> shall carry on the Work and adhere to the Progress <br /> Schedule as provided in Paragraph 6 . 18 . A . <br /> EJCDC C-700 Standard General Conditions of the Construction Contract. <br /> Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> 00700 - 29 <br />
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