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2006-417-2of2
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2006-417-2of2
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Last modified
9/1/2016 4:32:45 PM
Creation date
9/30/2015 10:24:29 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/12/2006
Control Number
2006-417
Agenda Item Number
11.I.1.
Entity Name
Kimley-Horn Associates, Inc.
Subject
Oslo Road (CR 606) Phase I, Road Widening
Project Number
9705C
Supplemental fields
SmeadsoftID
5987
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graph 10.05 ; provided that, in lieu of executing any the dispute resolution procedures set forth in Article <br /> such Change Order, an appeal may be taken from 16; or <br /> any such decision in accordance with the provisions <br /> of the Contract Documents and applicable Laws and 2. if no such dispute resolution procedures <br /> Regulations, but during any such appeal, have been set forth in Article 16, a written notice of <br /> CONTRACTOR shall carry on the Work and adhere intention to appeal from ENGINEER's written <br /> to the progress schedule as provided in paragraph decision is delivered by OWNER or CONTRAC- <br /> 6. 18.A. TOR to the other and to ENGINEER within 30 days <br /> after the date of such decision, and a formal <br /> 10.04 Notification to Surety proceeding is instituted by the appealing party in a <br /> forum of competent jurisdiction within 60 days after <br /> A. If notice of any change affecting the general scope the date of such decision or within 60 days after <br /> of the Work or the provisions of the Contract Documents Substantial Completion, whichever is later (unless <br /> (including, but not limited to, Contract Price or Contract otherwise agreed in writing by OWNER and <br /> Times) is required by the provisions of any Bond to be CONTRACTOR), to exercise such rights or <br /> given to a surety, the giving of any such notice will be remedies as the appealing party may have with <br /> CONTRACTOR's responsibility. The amount of each respect to such Claim, dispute, or other matter in <br /> applicable Bond will be adjusted to reflect the effect of any accordance with applicable Laws and Regulations. <br /> such change. <br /> C. If ENGINEER does not render a formal decision <br /> 10.05 Claims and Disputes in writing within the time stated in paragraph 10.05 .11, a <br /> decision denying the Claim in its entirety shall be deemed to <br /> A. Notice: Written notice stating the general nature have been issued 31 days after receipt of the last submittal <br /> of each Claim, dispute, or other matter shall be delivered by of the claimant or the last submittal of the opposing party, <br /> the claimant to ENGINEER and the other party to the if any. <br /> Contract promptly (but in no event later than 30 days) after <br /> the start of the event giving rise thereto. Notice of the D. No Claim for an adjustment in Contract Price or <br /> amount or extent of the Claim, dispute, or other matter with Contract Times (or Milestones) will be valid if not <br /> supporting data shall be delivered to the ENGINEER and submitted in accordance with this paragraph 10.05 . <br /> the other party to the Contract within 60 days after the start <br /> of such event (unless ENGINEER allows additional time <br /> for claimant to submit additional or more accurate data in ARTICLE 11 - COST OF THE WORK; CASH <br /> support of such Claim, dispute, or other matter). A Claim ALLOWANCES; UNIT PRICE WORK <br /> for an adjustment in Contract Price shall be prepared in <br /> accordance with the provisions of paragraph 12.01 .B. A <br /> Claim for an adjustment in Contract Time shall be prepared 11 . 01 Cost of the Work <br /> in accordance with the provisions of paragraph 12.02.B. <br /> Each Claim shall be accompanied by claimant's written A. Costs Included: The term Cost of the Work means <br /> statement that the adjustment claimed is the entire the sum of all costs necessarily incurred and paid by CON- <br /> adjustment to which the claimant believes it is entitled as a TRACTOR in the proper performance of the Work. When <br /> result of said event. The opposing party shall submit any the value of any Work covered by a Change Order or when <br /> response to ENGINEER and the claimant within 30 days a Claim for an adjustment in Contract Price is determined <br /> after receipt of the claimant's last submittal (unless on the basis of Cost of the Work, the costs to be reimbursed <br /> ENGINEER allows additional time). to CONTRACTOR will be only those additional or <br /> incremental costs required because of the change in the <br /> B. ENGINEER 's Decision: ENGINEER will render Work or because of the event giving rise to the Claim. <br /> a formal decision in writing within 30 days after receipt of Except as otherwise may be agreed to in writing by <br /> the last submittal of the claimant or the last submittal of the OWNER, such costs shall be in amounts no higher than <br /> opposing party, if any. ENGINEER's written decision on those prevailing in the locality of the Project, shall include <br /> such Claim, dispute, or other matter will be final and only the following items, and shall not include any of the <br /> binding upon OWNER and CONTRACTOR unless: costs itemized in paragraph 11 .01 .13. <br /> 1 . an appeal from ENGINEER's decision is 1 . Payroll costs for employees in the direct <br /> taken within the time limits and in accordance with employ of CONTRACTOR in the performance of <br /> the Work under schedules of job classifications <br /> 00700 - 32 <br />
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