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2022-011
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2022-011
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Last modified
2/14/2022 10:58:22 AM
Creation date
2/11/2022 10:14:33 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
01/18/2022
Control Number
2022-011
Agenda Item Number
8.A.
Entity Name
Don Hinkle Construction, Inc.
Subject
Indian River County Tax Collector’s Office Expansion
Area
1800 27th Street, Administration Building B
Project Number
IRC-2030
Bid Number
2022018
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12.02 Change of Contract Times <br />A. The Contract Times (or Milestones) may only <br />be changed by a Change Order or by a Written Amend- <br />ment. Any Claim for an adjustment in the Contract <br />Times (or Milestones) shall be based on written notice <br />submitted by the party making the claim to the ENGI- <br />NEER and the other party to the Contract in <br />accordance with the provisions of paragraph 10.05. <br />B. Any adjustment of the Contract Times (or <br />Milestones) covered by a Change Order or of any <br />Claim for an adjustment in the Contract Times (or <br />Milestones) will be determined in accordance with the <br />provisions of this Article 12. <br />12.03 Delays Beyond CONTRACTOR's Control <br />A. Where CONTRACTOR is prevented from <br />completing any part of the Work within the Contract <br />Times (or Milestones) due to delay beyond the control <br />of CONTRACTOR, the Contract Times (or Milestones) <br />will be extended in an amount equal to the time lost <br />due to such delay if a Claim is made therefor as <br />provided in paragraph 12.02.A. Delays beyond the <br />control of CONTRACTOR shall include, but not be <br />limited to, acts or neglect by OWNER, acts or neglect <br />of utility owners or other contractors performing other <br />work as contemplated by Article 7, fires, floods, <br />epidemics, abnormal weather conditions, or acts of <br />God. <br />12.04 Delays Within CONTRACTOR's Control <br />A. The Contract Times (or Milestones) will not be <br />extended due to delays within the control of <br />CONTRACTOR. Delays attributable to and within the <br />control of a Subcontractor or Supplier shall be deemed <br />to be delays within the control of CONTRACTOR. <br />12.05 Delays Beyond OWNER's and <br />CONTRACTOR's Control <br />A. Where CONTRACTOR is prevented from <br />completing any part of the Work within the Contract <br />Times (or Milestones) due to delay beyond the control <br />of both OWNER and CONTRACTOR, an extension of <br />the Contract Times (or Milestones) in an amount equal <br />to the time lost due to such delay shall be <br />CONTRACTOR's sole and exclusive remedy for such <br />delay. <br />12.06 Delay Damages <br />A. In no event shall OWNER or ENGINEER be <br />liable to CONTRACTOR, any Subcontractor, any <br />Supplier, or any other person or organization, or to any <br />surety for or employee or agent of any of them, for <br />damages arising out of or resulting from: <br />1. delays caused by or within the control <br />of CONTRACTOR; or <br />2. delays beyond the control of both <br />OWNER and CONTRACTOR including but not <br />limited to fires, floods, epidemics, abnormal <br />weather conditions, acts of God, or acts or <br />neglect by utility owners or other contractors <br />performing other work as contemplated by <br />Article 7. <br />B. Nothing in this paragraph 12.06 bars a change <br />in Contract Price pursuant to this Article 12 to <br />compensate CONTRACTOR due to delay, <br />interference, or disruption directly attributable to <br />actions or inactions of OWNER or anyone for whom <br />OWNER is responsible. <br />ARTICLE 13 - TESTS AND INSPECTIONS; <br />CORRECTION, REMOVAL OR ACCEPTANCE OF <br />DEFECTIVE WORK <br />13.01 Notice of Defects <br />A. Prompt notice of all defective Work of which <br />OWNER or ENGINEER has actual knowledge will be <br />given to CONTRACTOR. All defective Work may be <br />rejected, corrected, or accepted as provided in this <br />Article 13. <br />13.02 Access to Work <br />A. OWNER, ENGINEER, ENGINEER's Con- <br />sultants, other representatives and personnel of OWN- <br />ER, independent testing laboratories, and govern- <br />mental agencies with jurisdictional interests will have <br />access to the Site and the Work at reasonable times <br />for their observation, inspecting, and testing. <br />CONTRACTOR shall provide them proper and safe <br />conditions for such access and advise them of <br />CONTRACTOR's Site safety procedures and <br />programs so that they may comply therewith as <br />applicable. <br />13.03 Tests and Inspections <br />A. CONTRACTOR shall give ENGINEER timely <br />notice of readiness of the Work for all required <br />inspections, tests, or approvals and shall cooperate <br />with inspection and testing personnel to facilitate <br />required inspections or tests. <br />�, - <br />General Conditions - 00700 - 29 <br />
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