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2011-024
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2011-024
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Last modified
1/12/2016 1:07:35 PM
Creation date
10/1/2015 1:35:12 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/07/2011
Control Number
2011-024
Agenda Item Number
none
Entity Name
Timothy Rose Contracting
Indian River Land Trust
Subject
Lagoon Greenway Phase 1 Construction Agreement
Area
Flinn Tract Florida Inland Navitgation District
Supplemental fields
SmeadsoftID
9231
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life or property , no extra work or change will be made unless in the pursuance of a written order by <br /> the Engineer and owner, and no claim for an addition to the contract sum will be valid unless so <br /> ordered in writing . <br /> The value of any such extra work or change will be determined in one or more of the following <br /> ways : <br /> (A) By estimate and acceptance in a lump sum . <br /> ( B) By unit prices named in the contract or subsequently agreed upon . <br /> (C) By cost and percentage or by cost and a fixed fee . <br /> If none of the above methods is agreed upon , the Contractor, provided he receives an order as <br /> above , shall proceed with the work . In such case and also under case (C) he shall keep and <br /> present in such form as the Engineer may direct , a correct account of the net cost of labor and <br /> materials , together with vouchers . In any case , the Engineer will certify to the amount, including <br /> reasonable allowances for overhead and profit, due to the Contractor. Pending final determination <br /> of value , payments on account of changes will be made on the Engineer's estimate . <br /> Article 16 , CLAIMS EXTRA COST <br /> If the Contractor claims that any instructions by drawings or otherwise involve extra costs under <br /> this contract , he shall give the Engineer written notice thereof within 10 days after the receipt of <br /> such instructions , and in any event before proceeding to execute the work, except in emergency <br /> endangering life or property , and the procedure shall then be as provided in Article 15 " Changes in <br /> the Work Claims will not be processed unless filed in writing before any work is commenced . <br /> Article 17 , DEDUCTIONS FOR UNCORRECTED WORK <br /> If the Engineer deems it expedient to correct work injured or done not in accordance with the <br /> contract , an equitable deduction from the contract price will be made therefore . <br /> i <br /> Article 18 . DELAYS AND EXTENSION OF TIME <br /> If the Contractor is delayed at any time , in the progress of the work by an act or neglect of the <br /> Owner or of his employees , or by any other contractor employed by the Owner, or by changes <br /> ordered in the work or by strikes , lockouts , fire , unusual delay in transportation , unavoidable <br /> casualties or any causes beyond the Contractor's control , or by delay authorized by the Engineer <br /> pending arbitration , or by any cause which the Engineer may decide to justify the delay , then the <br /> time of completion will be extended for such reasonable time as the Engineer may decide . No such <br /> extension will be made for delay occurring more than seven days before claim is made in writing to <br /> i the Engineer. In the case of a continuing cause or delay , only one claim is necessary . <br /> If no schedule or agreement stating the dates upon which drawings shall be furnished is made , <br /> then no claim for delay will be allowed on account of failure to furnish drawings until two weeks <br /> after demand for such drawings and not then unless such claim be reasonable . <br /> This article does not exclude the recovery of damages for delay by either party under other <br /> provisions in the contract documents . <br /> Article 19 . CORRECTION OF WORK BEFORE FINAL PAYMENTS <br /> The Contractor shall promptly correct all work condemned by the Engineer as failing to conform to <br /> the contract and shall promptly replace and re-execute his own work in accordance with the <br /> contract and without expense to the Owner and shall bear the expense of making good all work of <br /> other contractors destroyed or damaged by such removal or replacement . <br /> GC-5 <br />
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