08-L HMAC Street Overlay Award - Laserfiche WebLink

Home Browse Search

effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or an), duty or authority to undertake responsibility contrary to thc provisions of paragraph 9.15 or 9.16. 9.15. ENGINEER will not be responsible for CON- TRACTOR's means, methods, techniques, sequences or pro- cedures of construction, or the safety precautions and pro- grams incident thereto..and ENGINEER will not be respon- sible for CONTRACTOR's failure to perform'or furnish the Work in accordance with the Contract Documents. 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 10.4.3. changes in the Contract Price or Contract Time which embody the substanc~ of any written decision ten. dered by ENGINEER pursuant to paragraph 9.1 l; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CON- TPokCTOR shah carry on the Work and adhere to the prog- ress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRAC- ' TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 10--CHANGES IN THE WORK 10.I. Without invalidating the Agreement and without notice to any surety, OWlqER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order. or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the appl[cable conditions of the Contract Documents (except as othet~vise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result ora Work D[rective Change, a claim may be made therefor as provided in Article Il or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supple- mented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as pr~vided in para- graph 13.9. 10.4. OWNER and CONTRACTOR shalE execute appro- priate Change Orders (or Written Amendments) covering: 10.4.1. changes in the Work which are ordi:ted by OWN ER pursuant to paragraph 10. I, are required because el'acceptance ofdefecth'e Work under paragraph 13.13 or cotxecfing defective Work under paragraph 13.14, or are agreed to by the parties; 10.4.2. changes in the Cent fact Price or Contract Time which are agreed to by the parties; and ' ' ARTICLE 11~CHANGE OF CONTRACT PRICE I1.I. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other par*.y and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of sald event. All claims for ad.iustment'in the Contract Price shall lac determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price wilt be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of auy Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents. by applica- tion of unit prices to the quantities of the items involved (subject to the prov{sions of paragraphs I 1.9.1. through I 1.9.3. inclusive).