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2014-122A
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2014-122A
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Last modified
3/13/2017 2:28:12 PM
Creation date
1/10/2017 10:00:03 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Correspondence
Approved Date
09/09/2014
Control Number
2014-122A
Agenda Item Number
8.U.
Entity Name
Dickerson Florida Inc.
Subject
Contract and Specifications
13th St. SW at 58th Ave. Bridge
Area
13th St. SW
Project Number
0530B
Bid Number
2014046
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pursuant to paragraph 10.05; provided that, in <br />lieu of executing any such Change Order, an <br />appeal may be taken from any such decision in <br />accordance with the provisions of the Contract <br />Documents and applicable Laws and Regula- <br />tions, but during any such 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 the general <br />scope of the Work or the provisions of the Contract <br />Documents (including, but not limited to, Contract <br />Price or Contract Times) is required by the provisions <br />of any Bond to be given to a surety, the giving of any <br />such notice will be CONTRACTOR's responsibility. <br />The amount of each applicable Bond will be adjusted <br />to reflect the effect of any such change. <br />10.05 Claims and Disputes <br />A. Notice: Written notice stating the general <br />nature of each Claim, dispute, or other matter shall be <br />delivered by the claimant to ENGINEER and the other <br />party to the Contract promptly (but in no event 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 data shall be <br />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 <br />to submit additional or more accurate data in support <br />of such Claim, dispute, or other matter). A Claim for <br />an adjustment in Contract Price shall be prepared in <br />accordance with the provisions of paragraph 12.01.B. <br />A Claim for an adjustment in Contract Time shall be <br />prepared in accordance with the provisions of <br />paragraph 12.02.B. Each Claim shall be accom- <br />panied by claimants written statement that the adjust- <br />ment claimed is the entire adjustment to which the <br />claimant believes it is entitled as a result of said event. <br />The opposing party shall submit any response to <br />ENGINEER and the claimant within 30 days after <br />receipt of the claimant's last submittal (unless <br />ENGINEER allows additional time) <br />B. ENGINEER's Decision. ENGINEER will <br />render a formal decision in writing within 30 days after <br />receipt of the last submittal of the claimant or the last <br />submittal of the opposing party, if any. ENGINEER's <br />written decision on such Claim, dispute, or other <br />matter will be final and binding upon OWNER and <br />CONTRACTOR unless: <br />1. an appeal from ENGINEER's <br />decision is taken within the time limits and in <br />accordance with the dispute resolution <br />procedures set forth in Article 16; or <br />2. if no such dispute resolution <br />procedures have been set forth in Article 16, a <br />written notice of intention to appeal from <br />ENGINEER's written decision is delivered by <br />OWNER or CONTRACTOR to the other and to <br />ENGINEER within 30 days after the date of <br />such decision, and a formal proceeding is <br />instituted by the appealing party in a forum of <br />competent jurisdiction within 60 days after the <br />date of such decision or within 60 days after <br />Substantial Completion, whichever is later <br />(unless otherwise agreed in writing by OWNER <br />and CONTRACTOR), to exercise such rights or <br />remedies as the appealing party may have with <br />respect to such Claim, dispute, or other matter <br />in accordance with applicable Laws and <br />Regulations. <br />00700 - General Conditions REV 5-10-13.doc <br />00700 - 31 <br />F \Public Works\ENGINEERING DIVISION PROJECTS\05308 13th Street SW at 58th Ave BridgeWdmin\bid documentsWlaster Contract Documents\00700 - General Conditions REV 5- <br />10-13.doc <br />
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