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40 <br />410 <br />12.1 The Contact Time may only be changed by a change order or a written amendment. any claim for <br />an extension or shortening of the contract time shall be based on written notice delivered by the <br />party making claim to the other party and to ENGINEER promptly (but in no event later than thirty <br />(30) days) after the occurrence of the event giving rise to the claim and stating the general nature <br />of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty <br />(60) days after such occurrence (unless ENGINEER allows an additional period of time to ascertain <br />more accurate data in support of the claim) and shall be accompanied by the claimant's written <br />statement that the adjustment claimed is the entire adjustment to which the claimant has reason to <br />bclieve it is entitled as a result of the occurrence of said event. All claims for adjustment in the <br />Contract Time shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER <br />and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will <br />be valid if not submitted in accordance with the requirements of this paragraph 12.1. <br />12.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control <br />of CONTRACTOR if a claim is made therefor as provided in paragraph 12.1. Such delays shall <br />include, but not be limited to, acts or neglect by OWNER or others performing additional work as <br />contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather <br />conditions or acts of God. Belays described in this paragraph shall not entitle the CONTRACTOR <br />to any additional compensation. The sole remedy of the CONTRACTOR shall be an extension of <br />time obtained in accordance with Article 12. <br />12.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The <br />provisions of this Article 12 shall not exclude recovery for damages (including but not limited to <br />fees and charges of engineers, architects, attorneys and other professionals and court and arbitration <br />costs) for delay by either party. <br />AH11 ME 11 - WARRANTY AND GUARANIM; <br />REMOVAL OR ACC nF,FT7,- W[l� <br />Warranty and Guarantee: <br />13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in <br />accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall <br />be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, <br />corrected or accepted as provided in this Article 13. <br />Tests and Inspections: <br />13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required <br />inspections or tests. <br />13.4 The OWNER will retain and pay for an independent materials testing laboratory to accomplish <br />certain tests. The only tests to be provided by the OWNER shall be the initial tests for density and <br />thickness of backfill, stabilized subgrade, base course and asphaltic concrete surfaces; bearing value <br />of stabilized subgrade; and Portland cement concrete cylinder tests. Subsequent tests required after <br />the initial tests to verify compliance with the Contract Documents in areas failing the first test shall <br />be paid for by the CONTRACTOR by back charge to subsequent applications for payment. All <br />other tests required in the Contract Document shall be provided by the CONTRACTOR. The <br />CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and <br />furnish ENGINEER the required certificates of inspection, testing or approval, CONTRACTOR <br />shall also be responsible for and shall pay all costs in connection with any inspection or testing <br />required in connection with OWNER's or ENGINEER's acceptance of Supplier of materials or <br />equipment proposed to be incorporated in the Work, or of materials or equipment submitted for <br />approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. <br />GENERAL CONDITIONS <br />Ge -26 <br />