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1340 Baldur Park Road - 08-117-23-31-0015
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82-669, PLAT
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Project Packet
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.i. <br />otlicr matters relating to the acceptability of the Work or the <br />nterpi etation of the requirements of tt-e Contract Documents <br />pertain ng to the execution and progres, of the Work shall be <br />tef-rreil initially to ENGINEER in writing with a request for a <br />formal decision in accordance with this paragraph, which <br />ENGINEER will render in writing within a reasonable time. <br />Written notice of each such claim, dispute and other matter <br />shall be delivered by the claimant to ENGINEER and the <br />other part- to the Agreement within fifteen days of the occur- <br />.ence of the event giving rise thereto, and written supporting <br />data will be submitted to ENGINEER and the other party <br />within forty-five days of such occurrence unless ENGINEER <br />allows an additional penod of time to ascertain more accurate <br />late. In his capacity as interpreter and judge ENGINEER will <br />not show partiality to OWNER or—ONTRACTOR and will <br />nut be liable in connection with any interpretation or decision <br />rendered in good faith in such capacity <br />9 10. The rendering of a decision by EN'.?i EER pursu- <br />ant to paragraph 9.9 with respect to any such claim. dispute or <br />other matter (except any which have been waived by the mak- <br />ing ur acceptance of final payment as provided in paragraph <br />14.16) will be a condition precedent to any exercise by <br />OWNER or CONTRACTOR of such rights or remedies as <br />either may otherwise have under the Contract Documents or <br />at law in respect of any such claim, dispute or other matter. <br />Limitations on E;VGLVEER's Responsibilities: <br />9.11 Neither ENGiNEER's authority to act under this <br />Article 9 or elsewhere in the Contract Documents nor any <br />decision made by ENGINEER in good faith either to exercise <br />or not exercise such authority shall give rise to any duty or <br />responsibility of ENGINEER to CONTRACTOR, any Sub- <br />contractor, am manufacturer. fabricator, supplier o• dis- <br />tributor. or any of their agents or employees or any other <br />person performing any of the Work. <br />9.12 Whenever in the Contract Documents the terms "as <br />ordered", "as directed", "as required", "as allowed" or <br />terms of like effect or import are used, or the adjectives <br />"reasonable". "suitable", "acceptable". "proper" or <br />"satisfactory" or adjectives of like effect or import are used. <br />to describe requirement, direction, review or judgment of <br />ENGINEER as to the Work, it is intended that such require- <br />ment, direction, review or judgment will be solely to evaluate <br />the Work for :omphance with *he Contract Documents <br />(unless there is a specific statement indicating otherwise►. The <br />use of any such term or adjective never indicates that ENGI- <br />NEER shall have authority to supervise or direct performance <br />of the Work or authority to undertake responsibility contrary <br />to the provisions of paragraphs 9 13 or 9 la <br />913 ENGINEER will not be responsible for CON- <br />TRACTOR's means. methods. techniques. sequences or pro- <br />cedures of construction, or the safety precautions and <br />programs incident thereto, and ENGINEER will not be rr <br />sponsible for C:ONTRACTOR'% tatlure!u perform the `Rork <br />�n accordance with the Contract Documents <br />:. <br />9.14. ENGINEER will not be responsible for the acts or <br />omissions of CONTRACTOR or of any Subcontractors. or of <br />the agents or employees of any CONTRACTOR or Subcon- <br />tractor, or of any other person; at the site or otherwise <br />performing any of the Work. <br />ARTICLE 10—CHANGES iN THE WORK <br />i0A, Without invalidating the Agreement. OWNER may. <br />at any time or from time to time. order additions, deletions or <br />revisions in the work: these will be authorized by Change <br />Orders. Upon receipt at a Change Order. CONTRACTOR <br />shall proceed with the work iiivolved All such Work shall be <br />executed under the applicable conditions of the Contract <br />Documents. If An. Change Order causes an increase or de- <br />crease in the Contract Price or at,, extension or shortening of <br />the Contract Time. an equitable adjustment will be made as <br />provided in Article I i or Article I. on the basis of a claim <br />made by either party <br />10.:. ENGINEER may authorize minor charges in the <br />Work not involving ar. adjustment in the Contract Price or the <br />Contract Time, which are consistent with the overall intent of <br />the Contract Dor!ments. These may be accomplished by a <br />Field Order and 4nall be binding on OWNER. and also on <br />CONTRACTOR who shall perform the change promptly. If <br />CONTRACTOR believes that a Field Order justifies an <br />increase in the Contract Price or Contract Time, CON- <br />TRACTOR may make a claim therefor as provided in Article <br />I 1 or Article I:. <br />10.3. Additional work performed without authorization <br />of a Chang- Order will not entitle CONTRACTOR to an in- <br />crease in the Contract Price or an extension of the Contract <br />Time, except -n the case of an emergency as provided in para- <br />graph 6.:: and except as provided in paragraphs 10 : Ana <br />13.9. <br />104 OWNER shall execute approprate Change Orders <br />prepared by ENGINEER covering changes n :he work which <br />are required by OW -4. or required because of inforeseen <br />physical co ditions yr emergencies. or because of uncovering <br />Work found not to be defective, or as provided in paragraphs <br />11.9 or i 1 .10, or because of any other claim of CONTRAC- <br />TOR for a change in the Contract Time or the Contract Price <br />which is recommended by ENGINEER. <br />10.5 If notice of am change affecting the general *cope <br />of the Work or change in the Contract Price is required by the <br />provisions of any Bond to be green to the Surety. it will be <br />CONTRACTOR's responsibility to so notify the Surety, and <br />the amount of ea.h applicable Bond *na11 be adjusted Accord— <br />ingly CONTRACTOR shall turnish proot :)! such sduist- <br />!nent to OW NE <br />ARTICLE 'I —CHANGE OFCONTRACT PRICE <br />' I 1 The Contract Price constitutes the !oral <br />compensation isubrec! !o authorized adiutimentsl aayahle to <br />11 <br />
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