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quences, or procedures of construction , or the safety paragraph 3. 04 , except in the case of an emergency
<br /> precautions and programs incident thereto, or for any as provided in paragraph 6 . 16 or in the case of
<br /> failure of CONTRACTOR to comply with Laws and uncovering Work as provided in paragraph 13. 04. 6.
<br /> Regulations applicable to the performance of the
<br /> Work. ENGINEER will not be responsible for 10 .03 Execution of Change Orders
<br /> CONTRACTOR's failure to perform the Work in
<br /> accordance with the Contract Documents. A. OWNER and CONTRACTOR shall execute
<br /> appropriate Change Orders recommended by ENGI-
<br /> C. ENGINEER will not be responsible for the NEER (or Written Amendments) covering :
<br /> acts or omissions of CONTRACTOR or of any .. .
<br /> Subcontractor, any Supplier, or of any other individual 1 . changes in the Work which are: (i)
<br /> or entity performing any of the Work. ordered by OWNER pursuant to paragraph
<br /> 10001 .A, (ii) required because of acceptance of
<br /> D . ENGINEER's review of the final Application defective Work under paragraph 13 . 08.A or
<br /> for Payment and accompanying documentation and all OWNER's correction of defective Work under
<br /> maintenance and operating instructions, schedules, paragraph 13. 09, or (iii) agreed to by the
<br /> guarantees, Bonds, certificates of inspection, tests parties;
<br /> and approvals, and other documentation required to
<br /> be delivered by paragraph 14 . 07.A will only be to 2. changes in the Contract Price or
<br /> determine generally that their content complies with Contract Times which are agreed to by the
<br /> the requirements of, and in the case of certificates of parties, including any undisputed sum or
<br /> inspections, tests, and approvals that the results amount of time for Work actually performed in
<br /> certified indicate compliance with , the Contract accordance with a Work Change Directive; and
<br /> Documents.
<br /> 30 changes in the Contract Price or
<br /> E. The limitations upon authority and responsibil- Contract Times which embody the substance of
<br /> ity set forth in this paragraph 9. 10 shall also apply to any written decision rendered by ENGINEER
<br /> ENGINEER's Consultants, Resident Project Repre- pursuant to paragraph 10. 05; provided that, in
<br /> sentative, and assistants. lieu of executing any such Change Order, an
<br /> appeal may be taken from any such decision in
<br /> ARTICLE 10 to CHANGES IN THE WORK, CLAIMS accordance with the provisions of the Contract
<br /> Documents and applicable Laws and Regula-
<br /> tions, but during any such appeal,
<br /> 10. 01 Authorized Changes in the Work CONTRACTOR shall carry on the Work and
<br /> adhere to the progress schedule as provided in
<br /> A. Without invalidating the Agreement and paragraph 6. 18 .A.
<br /> without notice to any surety, OWNER may, at any time
<br /> or from time to time, order additions, deletions, or 10. 04 Notification to Surety
<br /> revisions in the Work by a Written Amendment, a
<br /> Change Order, or a Work Change Directive. Upon A. If notice of any change affecting the general .
<br /> receipt of any such document, CONTRACTOR shall scope of the Work or the provisions of the Contract
<br /> promptly proceed with the Work involved which will be Documents (including , but not limited to, Contract
<br /> performed under the applicable conditions of the Price or Contract Times) is required by the provisions
<br /> Contract Documents (except as otherwise specifically of any Bond to be given to a surety, the giving of any
<br /> provided) . such notice will be CONTRACTOR's responsibility.
<br /> The amount of each applicable Bond will be adjusted
<br /> Be If OWNER and CONTRACTOR are unable to to reflect the effect of any such change.
<br /> agree on entitlement to, or on the amount or extent, if
<br /> any, of an adjustment in the Contract Price or Contract 10 . 05 Claims and Disputes
<br /> Times, or both , that should be allowed as a result of a
<br /> Work Change Directive, a Claim may be made A. Notice: Written notice stating the general
<br /> therefor as provided in paragraph 10. 05. nature of each Claim , dispute, or other matter shall be
<br /> delivered by the claimant to ENGINEER and the other
<br /> 10 . 02 Unauthorized Changes in the Work party to the Contract promptly (but in no event later
<br /> than 30 days) after the start of the event giving rise
<br /> A. CONTRACTOR shall not be entitled to an thereto. Notice of the amount or extent of the Claim ,
<br /> increase in the Contract Price or an extension of the dispute, or other matter with supporting data shall be
<br /> Contract Times with respect to any work performed delivered to the ENGINEER and the other party to the
<br /> that is not required by the Contract Documents as Contract within 60 days after the start of such
<br /> event
<br /> amended , modified , or supplemented as provided in (unless ENGINEER allows additional time for claimant
<br /> 00700 - General Conditions REV 04-07.doc
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<br /> FAPublic Works\ENGINEERING DIVISION PROJECTS10545=66Th Ave SR60 to 57th St (Arcadis)%Admim\Bid Documents%00700 - General Conditions REV 04-07.doc
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