CC PACKET 02281989 - Laserfiche WebLink

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12934 Federal Register / Vol. 48, No. 60 / Monday. March 28. 1983 / Rules and Regulations 1.Supersession (1)or the furnishing of a written notice under contractor st.all promptly.and before such • The recipient and the contractor agree that paragraph(a)(21.submit a written statement conditions are disturbed.notify the recipient this and other e PP P o riete clauses in 40 CFR to the recipient setting forth the general in writing of: 33.1030 apply to that work e'.ig:b!e for EPA nature and monetary extent of such claim. (1)Subsurface or latent physical conditions assistance to be performed under this The recipient may extend the 30-day period. at the site differing materially from:hose subagreement and that these clause The contractor may include the statement of indicated in this subagreement.or supersede any conflicting provisions of this claim in the notice under paragraph(2)of this (2)Unknown physical conditions at the subagreement change clause. site.of an unusual nature.differing materially 2.Privity of Subs eme°t (6)No claim by the contractor for an from those ordinarily encountered and equitable adjustment shall be allowed if generally recognized as inhering in work of This subagreement is expected:o be made after final payment under this the character provided for in this funded in part with funds from the U.S. subagreement stibagreemenl. Environmental Protection Aeercy.Neither (bl The following clause applies only to (b)The recipient shall n•nmp:ly investigate the United States nor any of its departinents subogreements for se vices.(1)The recipient the conibltans.if it fads that conditions agencies or employees is,or w•il!be,a party may at any time.by written order make materially differ and will cause an increase to this subagreement or any lower tier changes within the general scope of this or decrease ir.the contractor's cost or the subegreement.This subagreement is subjeEt subag-Bement in the services or work to be time required to perform any part of the work to regulations contained in 40 CFR Part 33 in performed.If such changes cause an increase under this subagreement.whether or not effect on the date of the assistance award for or decrease in the contractor's cost or time changed as a result of such conditions.the this project required to perform any services under this recipient shall make an equitable adjustment A ChanPee subagreement,whether or not changed by and modify the subegreement in writing. (a)The o:'owin clause applies onl•to an order,the recipient shall make an (c)No s claim of the contractor under this subagreemeru for construction.(1)The equitable adjustment and modify this clause seal:be notice re titters the contractor recipient clay at any time•without notice to subagreement in writing.The contractor must has given the notice ter..the in paragraph(e) any surety,by written order designated or assert any claim for adjustment under this of this cleu�e.However,the recipient may indicated to be a change order,make any clause in writing within 30 days from the date extend the time prescribed in paragraph(a). change in the work within the general scope it receives the recipient's notification of (d)No claim by the contractor for an of the subagreement.including but not limited change.unless the recipient grants additional equitable adjustment shall be allowed if to changes: time before the date of final payment. asserted after final payment under this (i)in the specifications(including drawings subagreement. and designs)-. (2)No services for which the contractor will charge an additional compensation shall S.Suspension of Work (ii)in the time,method or manner of be furnished without the written The follow ing clause applies only to performance of the work: authorisation of:he recipient construction subagreements.(a)The recipient (iii)In the recipient-furnished facilities. (c)The followr'ne clause applies only to may order the contractor in writing to • equipment materials,services or site.or subrgreemettu for supplies.(1)The recipient suspend.delay or interrum all or any part of (iv)Directing acceleration in the may.at any time,by written order and the work for such period of time as the performance of the work. . without notice to the sureties.change the recipient may determine to be appropriate for (2)A change order shall also be any other general scope of this subagreement in any the convenience of the recipient wrinen order(including direction.instruction, one or more of the following: (b)If the performance of all or any part of interpretation or dete-ainatior)from the (I)Drawings,designs or specifications the work is susper.Aad.delayed or recipient which causes any change.provided where the supplies it be fumisreri are interrupted for an unreasonable period of the contractor gives the recipient written specifically manufactured for th^recipient: time by an act of the recipient in notice stating the date.circumstances and (ii)Method of shipment or packing:and ar?minirt-ation of this F%begroement or by source of the arde:and that the contactor (W)place of deliver}•. rho-eciviPnt•s failure to an within Lie time regards the order as s r}range order. r t specified in Ltuis subagreement(or It no time (3)Except s.s pro%iaed in this clause,no r2)if any e.eage causes an increase or decrease in the coat or the time required to is specified,within a reasonable time).the airier.statement or conduct of the recipient shall be treated as a change alder this clause peH0 zi may P�of the work murder this recip-�nt shall make an adjustment for any shall entitle the contactor to an equitable subagreement whether or not changed by increase in&.e cost of performance of this or entitle the any such order.the recipient shall make an s:bagreement(excluding profit)necessarily (4)ii any change tinder this clause causes equitable adjustment in the subagreement caused by such unreasonable suspension. an increase rh decrease r Lee clause contractor's agreement price or delivery schedule.or both, delay or irter—option and modify the contract coil or the lice ec-ea required to parlour any part and modify the subagreement in writing.The writing.However,no adjustment shall be of the work under this contact wreathe:or contractor must assert any claim for made under t�js cla;:se for any suspension, not changed n any is der.ire recipient nor adjustment under this rJause within 30 days delay c-i :e.—��:ion to'he extent(1):.hat from the date the contractor receives the e-fo^rance would hate been so suspended, make as equitable adiustrnert and modify the P Except recipient's notihcation of change.If the delayed or interrupted by any other cause. subagreement in writing. xcept for claims recipient decides that the facts justify such based on defective speciftcatinns,no claim cont-actor.the fault or negligence of the fnr any change under paragraph fe)(2)above action. y recipient may at and act contactor.o:(2)for which an equitable shall he allowed for any costs incurred more upon any such claim asserted under t s any time adjustment is provided for or excluded under before final payment tinder this than 20 days before the con rector gives any other provision of this arse shall be subagreement Where the cost of property c '�o c1a,T under this clause shall be writter.notice as required in paragraph(e)(2). made obsolete or excess as a result of a ( )' In the case of defective specifications for t allowed(1)for any costs incurred more Lhan charge is included in the contractor's claim which cite recipient is cargo;cihle.the for adjus:meat,the recipient has the right to 20 days berate the contactor notified the equitable adjustment shall include any presc:ihe the manner of disposition of such recipient in wri+ing of the act•or failure to increased cost the contractor reasonably acL involved(this requirement does not apply incurred in attempting to comply with those property Nothing rg in this ceding shall excuse to a claim resulting from a suspension order). defective specifications. the pgreFmtor from proceeding with the and(2)unless the amount claimed is asserted (5)If the contractor intends to assert a aubrgreEment as changed it writing as soon as practicable after the • claim for an equitable adjustment under this 4.Differing Site Conditions termination of such Suspension.delay or clause,he must widliin 30 days after receipt The following clause applies only to interruption,but not later than the date of of a written change order under paragraph(a) coast-uction subogreemerrta.(a)The final payanent render the subagreement