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12-28-2015 Council Packet
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12-28-2015 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
12/28/2015
Council Meeting Type
Regular
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1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) <br />required because of acceptance of defective Work under Paragraph 13.08.A or Owner's <br />correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; <br />2. changes in the Contract Price or Contract Times which are agreed to by the parties, <br />including any undisputed sum or amount of time for Work actually performed in accordance <br />with a Work Change Directive; and <br />3. changes in the Contract Price or Contract Times which embody the substance of any written <br />decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of <br />executing any such Change Order, an appeal may be taken from any such decision in <br />accordance with the provisions of the Contract Documents and applicable Laws and <br />Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to <br />the Progress Schedule as provided in Paragraph 6.18.A. <br />10.04 Notification to Surety <br />A. If the provisions of any bond require notice to be given to a surety of any change affecting the <br />general scope of the Work or the provisions of the Contract Documents (including, but not <br />limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's <br />responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any <br />such change. <br />10.05 Claims <br />A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, <br />shall be referred to the Engineer for decision. A decision by Engineer shall be required as a <br />condition precedent to any exercise by Owner or Contractor of any rights or remedies either <br />may otherwise have under the Contract Documents or by Laws and Regulations in respect of <br />such Claims. <br />B. Notice: Written notice stating the general nature of each Claim shall be delivered by the <br />claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 <br />days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim <br />shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with <br />supporting data shall be delivered to the Engineer and the other party to the Contract within 60 <br />days after the start of such event (unless Engineer allows additional time for claimant to submit <br />additional or more accurate data in support of such Claim). A Claim for an adjustment in <br />Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A <br />Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions <br />of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that <br />the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a <br />result of said event. The opposing party shall submit any response to Engineer and the claimant <br />within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional <br />time). <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 42 of 62 <br />00 72 05 <br />
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