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12.02 Change of Contract Times <br />A. The Contract Times (or Milestones) may only <br />be changed by a Change Order or by a Written <br />Amendment. Any Claim for an adjustment in the <br />Contract Times (or Milestones) shall be based on <br />written notice submitted by the party making the claim <br />to the ENGINEER and the other party to the Contract <br />in accordance with the provisions of paragraph 10.05. <br />B. Any adjustment of the Contract Times (or <br />Milestones) covered by a Change Order or of any <br />Claim for an adjustment in the Contract Times (or <br />Milestones) will be determined in accordance with the <br />provisions of this Article 12, <br />12.03 Delays Beyond CONTRACTOR'S Control <br />A. Where CONTRACTOR is prevented from <br />completing any part of the Work within the Contract <br />Times (or Milestones) due to delay beyond the control <br />of CONTRACTOR, the Contract Times (or <br />Milestones) will be extended in an amount equal to the <br />time lost due to such delay if a Claim is made therefor <br />as provided in paragraph 12.02.A. Delays beyond the <br />control of CONTRACTOR shall include, but not be <br />limited to, acts or neglect by OWNER, acts or neglect <br />of utility owners or other contractors performing other <br />work as contemplated by Article 7, fires, floods, <br />epidemics, abnormal weather conditions, or acts of <br />God. <br />12.04 Delays Within CONTRACTOR's Control <br />A. The Contract Times (or Milestones) will not be <br />extended due to delays within the control of <br />CONTRACTOR. Delays attributable to and within the <br />control of a Subcontractor or Supplier shall be <br />deemed to be delays within the control of CONTRAC- <br />TOR. <br />12.05 Delays Beyond OWNER's and <br />CONTRACTOR's Control <br />A. Where CONTRACTOR is prevented from <br />completing any part of the Work within the Contract <br />Times (or Milestones) due to delay beyond the control <br />of both OWNER and CONTRACTOR, an extension of <br />the Contract Times (or Milestones) in an amount <br />equal to the time lost due to such delay shall be <br />CONTRACTOR's sole and exclusive remedy for such <br />delay. <br />12.06 Delay Damages <br />A. In no event shall OWNER or ENGINEER be <br />liable to CONTRACTOR, any Subcontractor, any <br />Supplier, or any other person or organization, or to any <br />surety for or employee or agent of any of them, for <br />damages arising out of or resulting from: <br />1. delays caused by or within the control <br />of CONTRACTOR; or <br />2. delays beyond the control of both <br />OWNER and CONTRACTOR including but not <br />ted to fires, floods, epidemics, abnormal <br />weather conditions, acts of God, or acts or <br />neglect by utility owners or other contractors <br />performing other work as contemplated by <br />Article 7. <br />B. Nothing in this paragraph 12.06 bars a <br />change in Contract Price pursuant to this Article 12 to <br />compensate CONTRACTOR due to delay, <br />interference, or disruption directly attributable to <br />actions or inactions of OWNER or anyone for whom <br />OWNER is responsible. <br />ARTICLE 13 -TESTS AND INSPECTIONS; <br />CORRECTION, REMOVAL OR ACCEPTANCE OF <br />DEFECTIVE WORK <br />13.01 Notice of Defects <br />A. Prompt notice of all defective Work of which <br />OWNER or ENGINEER has actual knowledge will be <br />given to CONTRACTOR. All defective Work may be <br />rejected, corrected, or accepted as provided in this <br />Article 13. <br />13.02 Access to Work <br />A. OWNER, ENGINEER, ENGINEER'S Con- <br />sultants, other representatives and personnel of <br />OWNER, independent testing laboratories, and <br />governmental agencies with jurisdictional interests will <br />have access to the Site and the Work at reasonable <br />times for their observation, inspecting, and testing. <br />CONTRACTOR shall provide them proper and safe <br />conditions for such access and advise them of <br />CONTRACTOR's Site safety procedures and <br />programs so that they may comply therewith as <br />applicable. <br />13.03 Tests and Inspections <br />A. CONTRACTOR shall give ENGINEER timely <br />notice of readiness of the Work for all required <br />insF ections, tests, or approvals and shall cooperate <br />with inspection and testing personnel to facilitate <br />required inspections or tests. <br />00700 -General Conditions REV 04-07.doc <br />00700 <br />- 35 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS11024-17thStreet and IR Blvd Intersection\Admim\Contract Documents\00700 -General Conditions REV 04-07.doc <br />