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2010-111 (2)
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2010-111 (2)
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Last modified
7/2/2018 1:53:33 PM
Creation date
3/23/2016 8:35:47 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Bid
Approved Date
01/13/2010
Control Number
2010-111
Agenda Item Number
12.J.1.
Entity Name
Timothy Rose
Subject
North Water Treatment Plant Raw Water Transmission System
Area
Pre Bid Meeting
Project Number
UCP 2422
Bid Number
201024
Supplemental fields
FilePath
H:\Indian River\Network Files\SL000005\S0001WQ.tif
Meeting Body
Board of County Commissioners
Meeting Type
BCC Regular Meeting
SmeadsoftID
8458
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ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.04 Notification to Surety <br />10.01 Authorized Changes in the Work <br />A. Without invalidating the Contract and without notice <br />to any surety, Owner may, at any time or from time to <br />time, order additions, deletions, or revisions in the Work <br />by a Change Order, or a Work Change Directive. Upon <br />receipt of any such document, Contractor shall promptly <br />proceed with the Work involved which will be performed <br />under the applicable conditions of the Contract <br />Documents (except as otherwise specifically provided). <br />B. If Owner and Contractor are unable to agree on <br />entitlement to, or on the amount or extent, if any, of an <br />adjustment in the Contract Price or Contract Times, or <br />both, that should be allowed as a result of a Work Change <br />Directive, a Claim may be made therefor as provided in <br />Paragraph 10.05. <br />10.02 Unauthorized Changes in the Work <br />A. Contractor shall not be entitled to an increase in the <br />Contract Price or an extension of the Contract Times with <br />respect to any work performed that is not required by the <br />Contract Documents as amended, modified, or <br />supplemented as provided in Paragraph 3.04, except in the <br />case of an emergency as provided in Paragraph 6.16 or in <br />the case of uncovering Work as provided in Paragraph <br />13:04.13. <br />10.03 Execution of Change Orders <br />A. Owner and Contractor shall execute appropriate <br />Change Orders recommended by Engineer covering <br />1. changes in the Work which are: (i) ordered by <br />Owner pursuant to Paragraph 10.01.A, (ii) required <br />because of acceptance of defective Work under <br />Paragraph 13.08.A or Owner's correction of <br />defective Work under Paragraph 13.09, or (iii) agreed <br />to by the parties; <br />2. changes in the Contract Price or Contract Times <br />which are agreed to by the parties, including any <br />undisputed sum or amount of time for Work actually <br />performed in accordance with a Work Change <br />Directive; and <br />3. changes in the Contract Price or Contract Times <br />which embody the substance of any written decision <br />rendered by Engineer pursuant to Paragraph 10.05; <br />provided that, in lieu of executing any such Change <br />Order, an appeal may be taken from any such deci- <br />sion in accordance with the provisions of the <br />Contract Documents and applicable Laws and <br />Regulations, but during any such appeal, Contractor <br />shall carry on the Work and adhere to the Progress <br />Schedule as provided in Paragraph 6.18.A. <br />A. If notice of any change affecting the general scope of <br />the Work or the provisions of the Contract Documents <br />(including, but not limited to, Contract Price or Contract <br />Times) is required by the provisions of any bond to be <br />given to a surety, the giving of any such notice will be <br />Contractor's responsibility. The amount of each <br />applicable bond will be adjusted to reflect the effect of <br />any such change. <br />10.05 Claims <br />A. Engineer's Decision Required: All Claims, except <br />those waived pursuant to Paragraph 14.09, shall be <br />referred to the Engineer for decision. A decision by <br />Engineer shall be required as a condition precedent to any <br />exercise by Owner or Contractor of any rights or remedies <br />either may otherwise have under the Contract Documents <br />or by Laws and Regulations in respect of such Claims. <br />B. Notice: Written notice stating the general nature of <br />each Claim shall be delivered by the claimant to Engineer <br />and the other party to the Contract promptly (but in no <br />event later than 30 days) after the start of the event giving <br />rise thereto. The responsibility to substantiate a Claim <br />shall rest with the party making the Claim. Notice of the <br />amount or extent of the Claim, with supporting data shall <br />be delivered to the Engineer and the other party to the <br />Contract within 60 days after the start of such event <br />(unless Engineer allows additional time for claimant to <br />submit additional or more accurate data in support of such <br />Claim). A Claim for an adjustment in Contract Price shall <br />be prepared in accordance with the provisions of <br />Paragraph 12.01.13. A Claim for an adjustment in Contract <br />Time shall be prepared in accordance with the provisions <br />of Paragraph 12.02.13. Each Claim shall be accompanied <br />by claimant's written statement that the adjustment <br />claimed is the entire adjustment to which the claimant <br />believes it is entitled as a result of said event. The <br />opposing party shall submit any response to Engineer and <br />the claimant within 30 days after receipt of the claimant's <br />last submittal (unless Engineer allows additional time). <br />C. Engineer's Action: Engineer will review each Claim <br />and, within 30 days after receipt of the last submittal of <br />the claimant or the last submittal of the opposing party, if <br />any, take one of the following actions in writing: <br />1. deny the Claim in whole or in part, <br />2. approve the Claim, or <br />3. notify the parties that the Engineer is unable to <br />resolve the Claim if, in the Engineer's sole discretion, <br />it would be inappropriate for the Engineer to do so. <br />For purposes of further resolution of the Claim, such <br />notice shall be deemed a denial. <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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