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2017-159A
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2017-159A
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Last modified
9/2/2020 2:21:01 PM
Creation date
11/20/2017 2:35:03 PM
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Official Documents
Official Document Type
Contract
Approved Date
10/17/2017
Control Number
2017-159A
Agenda Item Number
8.H.
Entity Name
Public Works Engineering Division
Subject
Intersection and signalization improvements
Area
27th Avenue at 21st Street SW
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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 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 6.18A. <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 <br />Contract Documents (including, but not <br />limited to, Contract Price or Contract Times) <br />is required by the provisions of any Bond to <br />be given to a surety, the giving of any such <br />notice will be CONTRACTOR's responsibility. <br />The amount of each applicable Bond will be <br />adjusted to reflect the effect of any such <br />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 parry 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 12.01.13. <br />A Claim for an adjustment in Contract Time shall be <br />prepared in accordance with the provisions of <br />paragraph 12.02.13. Each Claim shall be accom- <br />panied by claimant's 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 parry 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 parry, 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 />C. If ENGINEER does not render a formal <br />decision in writing within the time stated in paragraph <br />10.05.6, a decision denying the Claim in its entirety <br />shall be deemed to have been issued 31 days after <br />receipt of the last submittal of the claimant or the last <br />submittal of the opposing parry, if any. <br />D. No Claim for an adjustment in Contract Price <br />or Contract Times (or Milestones) will be valid if not <br />submitted in accordance with this paragraph 10.05. <br />ARTICLE 11 - COST OF THE WORK; CASH <br />ALLOWANCES; UNIT PRICE WORK <br />11.01 Cost of the Work <br />A. Costs Included: The term Cost of the Work <br />means the sum of all costs necessarily incurred and <br />paid by CONTRACTOR in the proper performance of <br />00700 - General Conditions REV 5-10-13 <br />00700-31 <br />F:\Public Works\ENGINEERING DNISION PROJECTS\1643 27th Avenue at 21 st Street SW Intersection_Signalization Improvements\1-Admin\13id Documents\Master Contract <br />Documents\00700 - General Conditions REV 5-10-13.doc <br />
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