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within seven ( 7 ) days of any occurrence which , in the opinion of the Contractor, entitles it to an adjustment of the Contract price or a time extension . The Engineer will respond to the request for change order within ten ( 10 ) days of receipt of the Contractor' s notice . For the purposes of this paragraph , a day shall be defined as any business day , Monday through Friday , excluding holidays . The Engineer and Owner may issue an executed change order authorizing any changes in the Work , adjustments in the Contract price and extensions of time . Agreement on any Change Order shall constitute a final settlement and release by Contractor of all matters relating to the change in the work which is the subject of the Change Order, including , but not limited to , all direct and indirect costs associated with such change and any and all adjustments to the Contract price and the Contract time . If a change order is not yet approved or cannot be agreed upon , the Contractor is authorized , upon issuance of a written Construction Change Directive ( CDD ) prepared by the Engineer and approved by the Owner, to proceed with such change on a time and material basis plus ten percent ( 10 % ) . The Contractor expressly acknowledges that commencing work without a written Change Order or Construction Change Directive executed by Owner in advance of commencement of work waives any claim by Contractor to additional sums or time . Upon approval by Engineer and Owner as to any adjustments to the contract price and/or time for changes performed under a CDD , such approval shall be recorded by the preparation of a change order . The Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted to a change order. The Engineer shall have the authority to order minor changes in the work which do not involve adjustment to the Contract price or time and which are not inconsistent with the intent of the contract documents . A bond rider from the Surety shall be submitted to the County with each change order that increases the Contract price . GC 38 USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any substantially completed portions of the work . Such use by Owner shall not be construed as constituting final acceptance , and shall neither relieve Contractor of any of its responsibilities under the Contract , nor act as a waiver by Owner of any contract provisions ; provided that the Contractor shall not be liable for any repair or maintenance required due to ordinary wear and tear resulting from such use . However, if such use increases the cost or delays the completion of remaining portions of work , Contractor shall be entitled to an equitable adjustment under the contract. GC 39 CLEANING UP . Upon completion of any portion of the work , the Contractor shall remove at his own expense from the Owner' s property all temporary structures , equipment and surplus materials not required for later stages of work , rubbish , and waste materials resulting from his operations . Contractor shall make its own arrangements , at its own cost, for disposal of rubbish and waste materials . The Owner reserves the right to retain any surplus or salvage materials . GC 40 BASIC REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION The following items shall be completed as a condition precedent to substantial completion and prior to a request by the Contractor for inspection for substantial completion . In the event the Contract does not define substantial completion , the following are also conditions for final completion and acceptance : 1 . All general construction completed and the project components shall be clean and all systems fully functional . 2 . All mechanical and electrical work substantially complete , fixtures in place , connected , cleaned and ready for use . 3 . All electrical circuits shall be scheduled in panels and all panels and disconnect switches properly labeled . 40 12/1/2009 3:45:46 PM