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2015-005A
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2015-005A
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Last modified
3/28/2018 1:57:55 PM
Creation date
2/18/2016 3:02:43 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
01/06/2015
Control Number
2015-005A
Agenda Item Number
8.L.
Entity Name
Vero Lake Estates Asphalt Millings Project (Phase 1)
Subject
Widening & placement of asphalt milling
Project Number
1314
Bid Number
2015010
Supplemental fields
SmeadsoftID
14278
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ARTICLE 10 - CHANGES IN THE WORK; CLAIMS <br />10.01 Authorized Changes in the Work <br />A. Without invalidating the Agreement and <br />without notice to any surety, OWNER may, at any time <br />or from time to time, order additions, deletions, or <br />revisions in the Work by a Written Amendment, a <br />Change Order, or a Work Change Directive. Upon <br />receipt of any such document, CONTRACTOR shall <br />promptly proceed with the Work involved which will be <br />performed under the applicable conditions of the <br />Contract Documents (except as otherwise specifically <br />provided). <br />B. If OWNER and CONTRACTOR are unable to <br />agree on entitlement to, or on the amount or extent, if <br />any, of an adjustment in the Contract Price or Contract <br />Times, or both, that should be allowed as a result of a <br />Work Change Directive, a Claim may be made <br />therefor as provided in paragraph 10.05. <br />10.02 Unauthorized Changes in the Work <br />A. CONTRACTOR shall not be entitled to an <br />increase in the Contract Price or an extension of the <br />Contract Times with respect to any work performed <br />that is not required by the Contract Documents as <br />amended, modified, or supplemented as provided in <br />paragraph 3.04, except in the case of an emergency <br />as provided in paragraph 6.16 or in the case of <br />uncovering Work as provided in paragraph 13.04.B. <br />10.03 Execution of Change Orders <br />A. OWNER and CONTRACTOR shall execute <br />appropriate Change Orders recommended by ENGI- <br />NEER (or Written Amendments) covering: <br />1. changes in the Work which are: (i) <br />ordered by OWNER pursuant to paragraph <br />10.01.A, (ii) required because of acceptance of <br />defective Work under paragraph 13.08.A or <br />OWNER's correction of defective Work under <br />paragraph 13.09, or (iii) agreed to by the <br />parties; <br />2. changes in the Contract Price or <br />Contract Times which are agreed to by the <br />parties, including any undisputed sum or <br />amount of time for Work actually performed in <br />accordance with a Work Change Directive; and <br />3. changes in the Contract Price or <br />Contract Times which embody the substance of <br />any written decision rendered by ENGINEER <br />pursuant to paragraph 10.05; provided that, in <br />lieu of executing any such Chang Order, an <br />appeal may be taken from any suc decision in <br />accordance with the provisions of t e Contract <br />Documents and applicable Laws -nd Regula- <br />tions, but during any suc appeal, <br />CONTRACTOR shall carry on the Work and <br />adhere to the progress schedule as provided in <br />paragraph 6.18.A. <br />10.04 Notification to Surety <br />A. If notice of any change affecting <br />scope of the Work or the provisions of t <br />Documents (including, but not limited t <br />Price or Contract Times) is required by th <br />of any Bond to be given to a surety, the gi <br />such notice will be CONTRACTOR's re <br />The amount of each applicable Bond will <br />to reflect the effect of any such change. <br />he general <br />e Contract <br />, Contract <br />provisions <br />ing of any <br />ponsibility. <br />e adjusted <br />10.05 Claims and Disputes <br />A. Notice: Written notice stating e general <br />nature of each Claim, dispute, or other ma er shall be <br />delivered by the claimant to ENGINEER an• the other <br />party to the Contract promptly (but in no vent later <br />than 30 days) after the start of the event giving rise <br />thereto. Notice of the amount or extent of the Claim, <br />dispute, or other matter with supporting da - shall be <br />delivered to the ENGINEER and the other ••arty to the <br />Contract within 60 days after the start of . uch event <br />(unless ENGINEER allows additional time fair claimant <br />to submit additional or more accurate data in support <br />of such Claim, dispute, or other matter). Claim for <br />an adjustment in Contract Price shall be repared in <br />accordance with the provisions of paragra h 12.01.B. <br />A Claim for an adjustment in Contract Ti e shall be <br />prepared in accordance with the pro isions of <br />paragraph 12.02.B. Each Claim shall se accom- <br />panied by claimant's written statement that e adjust- <br />ment claimed is the entire adjustment to which the <br />claimant believes it is entitled as a result of aid event. <br />The opposing party shall submit any reponse to <br />ENGINEER and the claimant within 30 'ays after <br />receipt of the claimant's last submitt I (unless <br />ENGINEER allows additional time). <br />• <br />• <br />B. ENGINEER's Decision: ENGI <br />render a formal decision in writing within 30 <br />receipt of the last submittal of the claimant <br />submittal of the opposing party, if any. EN <br />written decision on such Claim, dispute, <br />matter will be final and binding upon 0 <br />CONTRACTOR unless: <br />EER will <br />days after <br />• r the last <br />INEER's <br />or other <br />NER and <br />1. an appeal from EN INEER's <br />decision is taken within the time limas and in <br />00700 - General Conditions <br />5-10-13.doc <br />00700 - 30 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling90th St to 94th ShAdmin\bid documents\Master Contract DocumeMs\00700 - General Condit ons REV 5-10- <br />13.doc <br />
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