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CONTRACTOR's fee shall be computed on the <br />basis of the net change in accordance with para- <br />graphs 12.01.C.2.a through 12.01.C.2.e, inclusive. <br />12.02 Change of Contract Times <br />A. The Contract Times (or Milestones) may only be <br />changed by a Change Order or by a Written Amendment. Any <br />Claim for an adjustment in the Contract Times (or Milestones) <br />shall be based on written notice submitted by the party making <br />the claim to the ENGINEER and the other party to the Contract <br />in accordance with the provisions of paragraph 10.05. <br />B. Any adjustment of the Contract Times (or Milestones) <br />covered by a Change Order or of any Claim for an adjustment in <br />the Contract Times (or Milestones) will be determined in <br />accordance with the provisions of this Article 12. <br />12.03 Delays Beyond CONTRACTOR's Control <br />A. Where CONTRACTOR is prevented from completing <br />any part of the Work within the Contract Times (or Milestones) <br />due to delay beyond the control of CONTRACTOR, the <br />Contract Times (or Milestones) will be extended in an amount <br />equal to the time lost due to such delay if a Claim is made <br />therefore as provided in paragraph 12.02.A. Delays beyond the <br />control of CONTRACTOR shall include, but not be limited to, <br />acts or neglect by OWNER, acts or neglect of utility owners or <br />other contractors performing other work as contemplated by <br />Article 7, fires, floods, epidemics, abnormal weather conditions, <br />or acts of 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 CONTRACTOR. <br />Delays athibutable to and within the control of a Subcontractor <br />or Supplier shall be deemed to be delays within the control of <br />CONTRACTOR. <br />12.05 Delays Beyond OWNER's and CONTRACTOR's <br />Control <br />A. Where CONTRACTOR is prevented from completing <br />any part of the Work within the Contract Times (or Milestones) <br />due to delay beyond the control of both OWNER and <br />CONTRACTOR, an extension of the Contract Times (or <br />Milestones) in an amount equal to the time lost due to such <br />delay shall be CONTRACTOR's sole and exclusive remedy for <br />such delay. <br />12.06 Delay Damages <br />A. In no event shall OWNER or ENGINEER be liable to <br />CONTRACTOR, any Subcontractor, any Supplier, or any other <br />person or organization, or to any surety for or employee or <br />agent of any of them, for damages arising out of or resulting <br />from: <br />1.delays caused by or within the control of CON- <br />TRACTOR; or <br />2.delays beyond the control of both OWNER and <br />CONTRACTOR including but not limited to fires, floods, <br />epidemics, abnormal weather conditions, acts of God, <br />or acts or neglect by utility owners or other contractors <br />performing other work as contemplated by Article 7. <br />B. Nothing in this paragraph 12.06 bars a change in <br />Contract Price pursuant to this Article 12 to compensate <br />CONTRACTOR due to delay, interference, or disruption directly <br />attributable to actions or inactions of OWNER or anyone for <br />whom OWNER is responsible. <br />ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, <br />REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK <br />13.01 Notice of Defects <br />A. Prompt notice of all defective Work of which OWNER <br />or ENGINEER has actual knowledge will be given to <br />CONTRACTOR. All defective Work may be rejected, corrected, <br />or accepted as provided in this Article 13. <br />13.02 Access to Work <br />A. OWNER, ENGINEER, ENGINEER's Consultants, <br />other representatives and personnel of OWNER, independent <br />testing laboratories, and governmental agencies with <br />jurisdictional interests will have access to the Site and the Work <br />at reasonable times for their observation, inspecting, and <br />testing. CONTRACTOR shall provide them proper and safe <br />conditions for such access and advise them of <br />CONTRACTOR's Site safety procedures and programs so that <br />they may comply therewith as applicable. <br />13.03 Tests and Inspections <br />A. CONTRACTOR shall give ENGINEER timely notice <br />of readiness of the Work for all required inspections, tests, or <br />approvals and shall cooperate with inspection and. testing <br />personnel to facilitate required inspections or tests. <br />B. OWNER shall employ and pay for the services of an <br />independent testing laboratory to perform all inspections, tests, <br />or approvals required by the Contract Documents except: <br />1.for inspections, tests, or approvals covered by <br />paragraphs 13.03.0 and 13.03.D below; <br />2.that costs incurred in connection with tests or <br />inspections conducted pursuant to paragraph 13.04.8 <br />shall be paid as provided in said paragraph 13.04.6; <br />and <br />3.as otherwise specifically provided in the Contract <br />Documents. <br />C. If Laws or Regulations of any public body having <br />jurisdiction require any Work (or part thereof) specifically to be <br />inspected, tested, or approved by an employee or other <br />representative of such public body, CONTRACTOR shall <br />assume full responsibility for arranging and obtaining such <br />inspections, tests, or approvals, pay all costs in connection <br />therewith, and furnish ENGINEER the required certificates of <br />inspection or approval. <br />D. CONTRACTOR shall be responsible for arranging <br />and obtaining and shall pay all costs in connection with any <br />00700 General Conditions (EJCDC).doc <br />00700-28 <br />1307-029 12 Inch WM - V= L ke Esuas\Dccumen1s'JteponsNBidding Conimt Specificiitlons1007W Geneml Conditions (EJCDC).dm <br />