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! i i I i OWNER's correction of defective Work under ENGINEER and the claimant within 30 days after ' paragraph 13.09, or (iii) agreed to by the receipt of the claimant's last submittal (unless parties; ENGINEER allows additional time). 2. changes in the Contract Price or B. ENGINEER's Decision: ENGINEER will Contract Times which are agreed to by the render a formal decision in writing within 30 days after j parties, including any undisputed sum or receipt of the last submittal of the claimant or the last amount of time for Work actually performed in submittal of the opposing party, if any. ENGINEER's accordance with a Work Change Directive, and written decision on such Claim, dispute, or other I matter will be final and binding upon OWNER and 3. changes in the Contract Price or CONTRACTOR unless: Contract Times which embody the substance of any written decision rendered by ENGINEER 1. an appeal from ENGINEER's pursuant to paragraph 10 05; provided that, in decision is taken within the time limits and in lieu of executing any such Change Order, an accordance with the dispute resolution appeal may be taken from any such decision in procedures set forth in Article 16; or accordance with the provisions of the Contract Documents and applicable Laws and Regula- 2. if no such dispute resolution tions, but during any such appeal, procedures have been set forth in Article 16, a CONTRACTOR shall carry on the Work and written notice of intention to appeal from adhere to the progress schedule as provided in ENGINEER's written decision is delivered by j paragraph 6.18.A. OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of 10.04 Notification to Surety such decision, and a formal proceeding is instituted by the,appealing party in a forum of j A. If notice of any change affecting the general competent jurisdiction within 60 days after the scope of the Work or the provisions of the Contract date of such decision or within 60 days after Documents (including, but not limited to, Contract Substantial Completion, whichever is later Price or Contract Times) is required by the provisions (unless otherwise agreed in writing by OWNER of any Bond to be given to a surety, the giving of any and CONTRACTOR), to exercise such rights or j such notice will be CONTRACTOR's responsibility. remedies as the appealing party may have with The amount of each applicable Bond will be adjusted respect to such Claim, dispute, or other matter to reflect the effect of any such-change. in accordance with applicable Laws and Regulations. 10.05 Claims and Disputes C. If ENGINEER does not render a formal A. Notice: Written notice stating the general decision in writing within the time stated in paragraph nature of each Claim, dispute, or other matter shall be 10.05 B, a decision denying the Claim in its entirety delivered by the claimant to ENGINEER and the other shall be deemed to have been issued 31 days after party to the Contract promptly (but in no event later receipt of the last.submittal of the claimant or the last than 30 days) after the start of the event giving rise submittal of the opposing party, if any. thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be D. No Claim for an adjustment in Contract Price delivered to the ENGINEER and the other party to the or Contract Times (or Milestones) will be valid if not Contract within 60 days after the start of such event submitted in accordance with this paragraph 10.05. (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for ARTICLE 11 -COST OF THE WORK; CASH an adjustment in Contract Price shall be prepared in ALLOWANCES; UNIT PRICE WORK accordance with the provisions of paragraph 12.01.6. A Claim for an adjustment in Contract Time shall be j prepared in accordance with the provisions of 11.01 Cost of the Work paragraph 12.02.6. Each Claim shall be accom- panied by claimant's written statement that the adjust- A. Costs Included: The term Cost of the Work ment claimed is the entire adjustment to which the means the sum of all costs necessarily incurred and claimant believes it is entitled as a result of said event. paid by CONTRACTOR in the proper performance of The opposing party shall submit any response to the Work. When the value of any Work covered by a 00700-General Conditions REV 5-10-13 ! 00700-31 FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport Dr West\Admim\bid documents\Master Contract Documents\00700- ! General Conditions REV 5-10-13.doc