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1340 Baldur Park Road - 08-117-23-31-0015
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Project Packet
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I <br />r. , <br />Cash Allowances: <br />11.10. It is understos,d that CONTRACTOR has included <br />in the Contract Price all allowances so named in the Contract <br />Documents and shall cause the Work so covered to be done by <br />such Subcontractors, manufacturers, fabricators, suppliers or <br />distributors and for such sums w.•hin the limit of the allow- <br />ances as may be acceptable to ENGINEER. Upon final pay- <br />ment, the Contract Price shall be adjusted as required and an <br />appropriate Change Order issued. CONTRACTOR agrees <br />that the original Contract Price includes such sums as CON. <br />TRACTOR deems proper for costs and profit on account of <br />cash allowances. No demand for additional cost or profit in <br />connection therewith will be valid. <br />ARTICLE 12—CHANGE OF THE CONTRACT TIME <br />12.1 The Contract Time may only be changed by a <br />Change Order. .Any chum for an extension in the Contract <br />Time shall be based on written notice delivered to OWNER <br />and ENGINEER within fifteen days of the occurrence of the <br />event giving rise to the claim. Notice of the extent of the c'aim <br />with supporting data shall be delivered within forty-five days <br />of such occurrence unless FNGINEER allows an additional <br />period of time to ascertain more accurate data. All claims for <br />adjustment in the Contract Time shall be determined by <br />ENGINEER if OWNER and CONTRACTOR cannot other- <br />wise agree. Any change in the Contract Time resulting from <br />any such claim shall be incorporated in a Change Order. <br />0.2 The Contract Time will be extended in an amount <br />equal to time lost due to delays beyond the control of CON- <br />TRACTOR if a claim is made therefor as provided in para- <br />graph 12.1. Such delays shall include, but not be limited to, <br />acts or neglect by OWNER or others performing additional <br />Work as contemplated by .Article', or to fires, floods, labor <br />disputes, epidemics, abnormal weather conditions, or acts of <br />God <br />1:1 All time limits stated in the Curtract Documents are <br />of the essence of the Agreement. The provisions of this Article <br />12 shall not exclude recovery for damages (including compen- <br />sation for additional professional iervicei) for Jelay Uv either <br />party <br />ART1cLE 13—WARRANTY ANDGUARANTEE. <br />TESTS '.ND INSPECTIONS, CORREC <br />TION. REMOVAL OR ACCEPTANCE <br />OF DEFECTIVE WORK <br />War►awrr end Gwronrea: <br />13 1 CONTRACTOR *arranq and e•tarantees to <br />OWNER and ENGINEER that all Work will be in accordance <br />with the Umirect Documents and will not he defective <br />Prompt nonce of all Jefecis shall be given to CONTRAIL <br />TOR All defective Work, whether or " in place, may Se <br />retested. orrecied ar accepted as provided in thin Artkle 13 <br />Access to Work: <br />13.2. ENGINEER and ENGINEER's representatives. <br />other representatives of OWNER. testing agencies and go%- <br />ernmental agencies with jurisdictional interests will have ac- <br />cess to the Work at reasonable times for their observation, in <br />spection and testing. CONTRACTOR shall provide prover <br />and safe conditions for such access. <br />tests and Inspections: <br />13.3. CONTRACTOR shall give ENGINEER timely <br />notice of readiness of the Work for all required inspections. <br />tests or approvals. <br />13.4. if any law, ordinance. rule. regulation, code. or <br />order of any public body having jurisdiction requires any <br />Work for part thereof) to specifically be inspected. tested or <br />approved. CONTRACTOR shall assume full responsibility <br />therefor, pay all costs in connection therewith and furnish <br />ENGINEER the required certificates of inspection, testing or <br />approval. CONTRACTOP, shall also be responsible for and <br />shall pav all costs in connection with any inspection or testing <br />required in connection with OWNER's or ENGINEER's ac- <br />ceptance of a manufacturer, fabricator, supplier or distrib- <br />utor of materials or equipment proposed to be incorporated in <br />the Work, or c` materials of equipment submitted for ap- <br />proval prior to CONTRACTOR'S purchase thereof for incor- <br />poration in the Work The cost of all other inspections, test, <br />and approvals required by the Contract Documents shall be <br />paid by OWNER (unless otherwise specified). <br />13.3. All inspections, tests or approvals other than thou <br />required by law, ordinance, rule, regulation code or order w <br />any public body having jurisdiction *hall be performed bv or- <br />ganizanuns acceptable to OWNER and C Co%TRACTOR for <br />by ENGINEER if so specified). <br />13 6. If any Work that is to be inspected, tested or ap- <br />proved is covered without written concurrence of ENG1 <br />NEER, it must, if requested by ENGINEER, be -incovered <br />for observation. Such uncovering shall be at CONTRAC- <br />TOR's expense :finless CONTRACTOR has given ENGI- <br />NEER timely notice of CONTR.ACTOR's intention to :over <br />such Work and ENGINEER has not acted with reasonable <br />promptness in response to such notice. <br />13 ' Neither observations by ENGINEER nor inspec- <br />tit,as, tests or approvals by others ,hall refieve CONTRAC- <br />TOR from his obligations to perform the %r`or► :n accordance <br />with the Contract Document% <br />C acoveriRe Work <br />13 1 If anv Worts is covered cuuritrary to ;he written .re- <br />quest of ENGINEER, it must, if requested by EN61NEER <br />be uncovered for ENGiNEER's observation and replaced at <br />CONTRACTOR'S ettMse <br />13 9 if ENGINEER comtdir- it necessary or adviut+ie <br />that covered work be observed by ENGINEER X irispertrt <br />m tested by poser%. CONTRACTOR, at E%6INEE11 , 11 <br />No <br />
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