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2021-398-E-IT Dept.-NetPlanner Systems Inc-COVID-19 workforce safety plan
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2021-398-E-IT Dept.-NetPlanner Systems Inc-COVID-19 workforce safety plan
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7/21/2021 10:42:20 AM
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Contract
Date
7/13/2021
Contract Starting Date
7/13/2021
Contract Ending Date
7/16/2021
Contract Document Type
Contract
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33 <br /> <br />Revised NETPLANNER v2 <br /> <br />15.2 Any claim for an adjustment in the Contract Price shall be in writing and written notice of <br />any event, action, or non-action which may become the basis of a claim shall be delivered to the <br />Owner and the Designer within three (3) days of the occurrence of any such event, action or <br />non-action giving rise to the claim. Such written notice is a condition precedent to the making of <br />a claim, and such notice shall describe the basis of the potential claim with reasonable detail <br />and clarity. <br /> <br />A claim shall be made in writing and shall be delivered to the Designer and the Owner no later <br />than fourteen (14) days after such notice. The claim shall describe in detail the basis for the <br />claim, with specific reference to any provisions of the Contract Documents, by paragraph, <br />drawing number, or other specific identification, and shall state the amount claimed and how it is <br />calculated. If the Contractor, at the time the claim is made, is unable to state the amount <br />claimed with accuracy, the Contractor shall so state and provide the estimated amount and the <br />basis on which the amount is to be calculated. At the earliest date practicable, but in no event <br />more than thirty (30) days after Contractor's notice of claim, the Contractor shall supplement the <br />claim with an accurate statement of the amount claimed and how it has been calculated. The <br />Contractor shall provide, in writing, in support of the claim all such explanations, arguments, <br />data, receipts, expert opinions, or other documents or information as the Contractor deems <br />appropriate to be considered in support of the claim. <br /> <br />A claim may properly be rejected by the Owner by reason of the Contractor's failure to submit <br />adequate or accurate documentation or information, except that within seven (7) days after <br />being given notice that the claim has been rejected on this basis, the Contractor may submit <br />additional documentation or information. No claim for a change of the Contract Price shall be <br />considered or granted (except solely at the discretion of the Owner) unless a claim is so made, <br />nor shall the Contractor be entitled to any increase in the Contract Price unless the Contractor <br />has given notice and made such a written claim within the times required. The Owner shall <br />decide, after obtaining the advice of the <br />Designer, whether an increase in Contract Price is warranted, and the amount of such increase <br />shall be determined as provided in paragraph 15.4 through 15.5, below. Any change in the <br />Contract Price resulting from any such claim shall be incorporated in a Change Order. <br /> <br />The Owner shall advise the Contractor of its decision with respect to the claim within fourteen <br />(14) days of its receipt, or of the receipt of additional documentation or information if the <br />absence of such has previously been the basis of rejection of the claim; provided, however, that <br />if, in its sole discretion, the Owner deems that review or consideration of any part of the claim or <br />any matter related thereto by its governing Board is necessary or appropriate, it shall so advise <br />the Contractor and shall provide its decision to the Contractor within seven (7) days after such <br />Board consideration, review or action. Any claim on which the Owner has not provided its <br />decision to the Contractor within the applicable time period shall be deemed denied. If the <br />Contractor is not satisfied with the decision of the Owner, the Contractor may within seven (7) <br />days of receipt of the Owner's decision initiate the mediation process as described in Appendix <br />A to the General Conditions of the Contract for Construction. <br /> <br />15.3 In determining the amount of a Contract Price adjustment, the parties shall apply the <br />following methods, as appropriate: <br /> <br />(A) Change in Work: The Owner and Contractor shall negotiate in good faith and attempt to <br />agree upon the value of any change (extra or decrease) in Work prior to the issuance of a <br />DocuSign Envelope ID: 78B556CA-C028-4315-8EF4-948059C1C6F0DocuSign Envelope ID: F2D1756F-740F-4E82-9BEB-D1EEF4761E30
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