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~ <br />cfCective to assign to ENGINEER an}r duty or authurity to <br />supervise or direct thc furnishing or pcrCorm:ince of the \York <br />or any duty or authority to undertakc responsibility contrary <br />to thc provisions of paragraph 9.15 or 9.16. <br />9.15. 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 pro- <br />grams incident thereto, and ENGINEER will not be respon- <br />sible for CONTRACTOR's failure to pcrform or furnisti the <br />Work in accordance with the Contract Documents. <br />9.16. ENGINEER will not be responsible for the acts or <br />omissions of CONTRACTOR or of any Subcontractor, any <br />Supplier, or of any other person or organization performing <br />or furnishing any of the Work. <br />ARTICLE 10-CHANGES IN THE WORK <br />10.1. Without invalidating the Agreement and without notice <br />to any surety, OWNER may, at any time or from time to <br />time, order additions, deletions or revisions in the Work; <br />these will be authorized by a Written Amendment, a Change <br />Order, or a Work Directive Change. Upon receipt of any such <br />document, CONTRACI'OR shall promptly proceed with the <br />Work involved u-hich will be performed under the app[icable <br />conditions of the Contract Documents (except as othecwise <br />specifically provided). <br />10.2. If OWNER and CONTRACTOR are unable to agree <br />as to the extent, if ac:y, of an increase or decrease in the <br />Contract Price or an extension or shortening of the Contract <br />Time t6at should be allowed as a result of a Work Directive <br />Change, a claim may be made thecefor as provided in Article <br />11 or Article 12. <br />10.3. CONTRACTOR shalt not be entitled to an increase <br />in the Contract Price or an exteasion of the Contract Time <br />with respect to any Work performed that is not required by <br />the Contract Documents as amended. modified and supple- <br />mented as provided in pacagraphs 3.4 and 3.5, except in the <br />case of an emergency as provided in paragraph 6.22 and <br />except in the case of uncovering Work as provided in para- <br />gcaph 13.9. <br />10.4. OWNER and CONTRACT'OR shall execute appro- <br />priate Change Orders (or Written Amendments) covering: <br />10.4.1. changes in the Work which are ordcred by <br />O WN ER pursuant to paragraph 10.1. are required bccause <br />of acceptance of defectii-e Work under paragraph 13.13 or <br />correcting dejective Work under paragraph 13.14, or are <br />agreed to by the parties; <br />10.4.2. changes in the Contract Price or Contract Time <br />which are agreed to by the partics; and <br />I0.4.3. chanoes in the Contract Price or Contract Time <br />which cmbody thc substance of any written decisioi; icn- <br />dcrcd by GNGINEER pursuant to paragraph 9.1I; <br />providcd tliat, i❑ lieu of exccuting any such Cliange Order, <br />an appeal may be taken fcom 1ny such decision in accordanee <br />with thc provisions of the Contract Documents and applicable <br />Laws and Regulations, but durinp <br />, any such appeal. CON- <br />TRACTOR shall carry on the Work and adhcrc to tfic prog- <br />ress schcdule as provided in paragraph 6.29. <br />10.5. If notice of any change affecting the general scope <br />of the Work or the provisions of the Contract Documents <br />(includins, but not limited to, Contract Price or Contract <br />Time) is required by the provisions of any Bond to be given <br />to a surety, the giving of any such notice will be CONTRAC- <br />TOR's responsibility, and the amount of each applicable Bond <br />will be adjusted accordingly. <br />ARTICLE 11-CHANGE OF CONTRACT PRICE <br />11.1. The Contract Price constitutes the total compen- <br />sation (subject to authorized adjustments) payable to CON- <br />TRAC?OR for performing the Work. All duties, responsibil- <br />ities and obligations assigned to or undertaken by CON- <br />TRACTOR shall be at his expense without change in the <br />Contract Price. <br />11.2. The Contract Price mav only be changed by a Change <br />Order or by a Written Amendment. Any claim for an increase <br />or decrease in the Contract Price shall be based on written <br />notice delivered by the party making the claim to the other <br />party and to ENGINEER promptly (but in no event later than <br />thirty days) after the occurrence of the eveat giving rise to <br />the claim and stating the general nature of the claim. Notice <br />of the amount of the claim with supponing data shall be <br />delivered within sixty days after such occurrence (unless <br />ENGINEER allows an additional period of time to ascertain <br />more accurate data in support of the claim) and shal( be <br />accompanied by claimant's written statement that the amount <br />claimed covers alt known amounts (direct, indirect and con- <br />sequential) to which the claimant is entitled as a result of the <br />occurrence of said event. All claims for adjustment in the <br />Contract Price shall be determined by ENGINEER in accor- <br />dance with paragraph 9.11 if OWNER and CONTRACTOR <br />cannot otherwise agree on the amount involved. No claim <br />for an adjustment in the Contract Price will be valid if not <br />submitted in accordance with this paragraph 11.2. <br />11.3. The value of any Work covered by a Change Order <br />or of any claim Cor an increase or decrease in the Contract <br />Price shall be determined in one oC the following ways: <br />11.3.1. Where the Work involved is covered by unit <br />prices contained in the Contract Documents, by applic;a- <br />tion oC unit prices to the quantities oC the items involved <br />(subject to thc provisions oC paragraphs 11.9.1. through <br />11.9.3. inclusive). <br />49 <br />