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effective to assign to ENGINEER an~' duty or authority to 10.4.3. changes in thc Contract PriceorContractTime <br /> supervise or direct the furnishlngor performance of the Work which embody the substance of any written decision: ion- <br /> or any duty or authority to undertake responsibility contrary dcrcd by ENGINEER pursuam to paragraph 9.11: <br /> to thc provisions of paragraph 9.15 or 9.16. provided that, in lieu of executing any such Change Order, <br /> an appeal may be taken from any such decision in accordance <br /> 9.1_5. ENGINEER will not be responsible for CON- withthcprovisionsoftheContractDocumentsandapplicablc <br /> TRACTOR's means, methods, techniques, sequences or pro- Laws and Regulations, but during any such appeal. CON- <br /> cedures of construction, or the safety precautions and pro- TRACTOR shall carry on the Work and adhere to the prog- <br /> grams incident thereto, and ENGINEER ',rill not be respon- tess schedule as provided in paragraph 6.29. <br /> sible for CONTRACTOR's failure to perform or furnish the <br /> Work in accordance with the Contract Documents. 10.5. If notice of any change affecting the general scope <br /> of the Work or the provisions of the Contract Documents <br /> 9.16. ENGINEER will not be responsible for the acts or (including, but not limited to, Contract Price or Contract <br /> omissions of CONTRACTOR or of any Subcontractor, any Time) is required by the provisions of any Bond to be given <br /> Supplier, or of any other person or organization performing to a surety, the giving ofany such notice will be CONTRAC- <br /> or furnishing any of the Work. TOWs responsibility, and the amount of each applicable Bond <br /> will be adjusted accordingly. <br /> <br /> ARTICLE 10.~CHANGES IN THE WORK <br /> ARTICLE [ b--CHANGE OF CONTRACT PRICE <br /> <br /> 10.1. Without invalidating the Agreemem and without notice <br /> to any surety, OWNER may, at any time or from time to I1.1. The Contract Price constitutes the total comport- <br /> time, order additions, deletions or revisions in the Work; sation (subject to authorized adjustments) payable to CON- <br /> these will be authorized by a Written Amendment, a Change TRACTOR for performing the Work. All duties, responsibil- <br /> Order, oraWork'DirectiveChange. Uponreceiptofanysuch tries and obligations assigned to or undertaken by CON- <br /> document, CONTRACTOR shall promptly proceed with the TRACTOR shall be at his expense without change in the <br /> Work involved which will be performed under the applicable Contract Price. <br /> " conditions of the Contract Documents (except as otherwise <br /> specifically p rovided). 11.2. The Contract Price may 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 /> 10.2. If OWNER and CONTRACTOR are unable to agree notice delivered by the party making the claim to the other <br /> as to the extent, if any, of an increase or decrease in the <br /> party and to ENGINEER promptly (but in no event later than <br /> Contract Price or an extension or shortening of the Contract thirty days) after the occurrence of the event giving rise to <br /> Time that should be allowed as a result ora Work Directive <br /> Change, a claim may he made therefor as provided in Article the claim and stating the general nature of the claim. Notice <br /> of the amount of the claim with supporting data shall be <br /> II or Article 12. delivered within sixty days after such occurrence (unless <br /> ENGINEER allows an additional period of time to ascertain <br /> 10.3. CONTRACTOR shall not be entitled to an increase <br /> more accurate data in support of the claim) and shall be <br /> in the Contract Price or an extension of the Contract Time accompanied by claimant's written statement that the amount <br /> with respect to any Work performed that is not required by claimed covers all known amounts (direct, indirect and con- <br /> the Contract Documents as amended, modified and supple- sequential) to which the claimant is entitled as a result of the <br /> monied as provided in paragraphs 3.4 and 3.5, except in the <br /> occurrence of said event. Ail claims for adjustment in the <br /> case of an emergency as provided in paragraph 6.22 and Contract Price shall be determined by ENGINEER in accor- ', <br /> except in the case of uncovering Work as provided in para- dance with paragraph 9. I I if OWNER and CONTRACTOR <br /> graph 13.9. cannot otherwise agree on the amount involved. No claim <br /> for an adjustment in the Contract Price will be valid if not <br /> 10.4. OWNER and CONTRACTOR shall execute appro- submitted in accordance with this paragraph I 1.2. <br /> priate Change Orders (or Written Amendments) covering: <br /> 11.3. The value of any Work covered by a Change Order <br /> 10.4.1. changes in the Work which are ordered by or of any claim for an increase or decreasein the Contract <br /> OWNER pursuant to paragraph 10. I, are required because Price shall be determined in one of the following ways: <br /> of acceptance ofdefecth'e Work under paragraph 13.13 or <br /> correcting defecti~,e Work under paragraph 13.14, or are [ 1.3.1. Where the Work involved is covered by unit <br /> agreed to by the parties; prices contained in the Contract Documents, by appfica- <br />[ ! tion of unit prices to thc quantities of the items involved <br /> 10.4.2. changes in the Contract Price or Contract Time (subject to the provisions of paragraphs I 1.9.1. through <br /> which are agreed to by the parties: and 11.9.3, inclusive). <br /> <br /> 49 <br /> <br /> <br />