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FLOOD04268
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FLOOD04268
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Last modified
1/25/2010 6:45:46 PM
Creation date
10/5/2006 12:30:28 AM
Metadata
Fields
Template:
Floodplain Documents
County
Arapahoe
Stream Name
South Platte
Basin
South Platte
Title
Union Avenue Boat Drop - Project Proposals, Contract Info & Billing Invoices - Part 2
Date
1/1/1983
Prepared For
CWCB
Prepared By
CWCB
Floodplain - Doc Type
Contract
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<br /> <br />,.1 <br /> <br />.' <br /> <br />. <br /> <br />.. <br /> <br />. <br /> <br />GENeRAL PROVISIONS <br />(Construction Contract) <br />l&litlon of 1 Hay 1983) <br />Issued BYI Department of the Army, Corps of Engineers <br /> <br />1.2 DEFINITIONS (1964 JUNI <br />(The fOllowing clause Is applicable if the procurement. instrullent <br />identification number is prefixed by the letters .OAC".) <br />{al The ten' -bea.d of tbe agenCY. or .Secretary. as used herein Means the <br />Secretary. the Under secretary, any Assistant Secretary. or any other head or <br />assistant head of the executive or .111ta[1 departaent or other Federal <br />aqency: and the tetm -his duly authorized representative- _eaRS any person or <br />persons or board (other than the Contracting Officer) authotl'l.ed to act for <br />the head of the agency or the Secretary. <br />(b) The terM .Contracting Offlc8[- as used herein mean~ the <br />executing this contract on behalf of the Goverruaent and includes <br />appointed successor .or authorized representative. (DAR 7-602.1) <br /> <br />perSon <br />a duly <br /> <br />In the speCifications (including drawings and designs); <br />1n the method Or _anner of performance of the work; <br />in the Governllent-furnished facilities. eql.liplllent.. Ilaterials, <br />services, or site; or <br />IIv) dIrecting acceleration in the perfor~nce of the work. <br />(b) Any other "ritten order or an oral order (which terllls as used in this <br />paragraph (hi shall include direct.ion, instruction. interpretation or <br />determination) fr~ the COntracting Officer. which causes any such chanqe, <br />shall be treated as a chanlJe O'lder under t.his clalu1e, provided. that the <br />Contractor givl!s the Contracting Officer written notice stating the date, <br />circumstances. and source of the order and that the Contractor r~arda tme <br />order a ~ a change order. <br />(cl ~cept as herein provided, no order, statefllent. Or conduct of the <br />COntracting Officer shall be treated as a change under this clause or entitle <br />the COntractor to an equitable adjust.ent hereunder. <br />(dl If any chanqe under this clause causes an increase or decrease in the <br />Contractor's cost of, or the tilM! required for, the performance of any part of <br />the work under this contract, whetber or not changed by any order, an <br />equitable adjust_ent shall be made and the contract modified in writing <br />accordingly: Provided however. That except for claims based on defectl'1e <br />specifications, no clail. for any change under (bJ above shall be allowed for <br />any costs incurred more than 20 days before the contractor gives ."d.tten <br />notice as therein requiredr And provided further, That in the case of <br />defective specifications for which the GoverhRllent is responsible, the <br />equitable adjustw.ent. shall include any increased cost reasonably incurred by <br />the Contractor in atte.pting to ooeply with such defective specifications. <br />{el If the OOnt'lactQ[ intends to assert a clal. for an equitable <br />adjustJBent under this clause. he lIust, within 30 days after uceipt of a <br />wrt tten change order under (a) above or the furnishing of a "'ritten notice <br />under (b) above, 8ublllit to the Contractin9 Officer a written statement setting <br />forth the general nature and MOnetary extent of such claim. unless this. period <br />is extended by the GOverhlaent. The statentent. of claim hereunder MaY be <br />included in the notioe under (bJ above. <br />(fl No claim by t.he COntr3lctor for an equitable adjustlllent hereunder <br />shall be allowed if asserted after final payment under this contract.. (DAR <br />7-602.3) <br /> <br />(l) <br />(it) <br />lili) <br /> <br />IGeneral Provisions I through 29 and )0 throllgh 38 are those prescribed by the <br />General ServiceS Administration in Standard For.. 23-A. AprD 1975 edition and <br />Standard FOtll\ 19-A, January 1919 edition, tespect.lvelYt as a..ended pursuant to <br />the latest revisions of the Defense Acquisition Regulation and Engineer <br />ContraCt. lnatructi.ana. ER 1180-1-1.) <br /> <br />1.1 DEFINITIONS <br />(The following clause is applicable if the pl"ocure_ent instruRlent <br />identification number is prefixed by the letters .OACW.) <br />loll) The term .head of the agency- 0' .secretary. a8 used herein means the <br />Secretary of the Army: and the ter.. .his duly authorized representative- means <br />the Chief af Enqineets. Department of the "'rmy, Or an lndividual or board <br />designated by him. <br />(bl The term .Contracting Officet- as used herein means the perSon <br />executing this contract on behalf of the Government and incll)des a duly <br />appointed SucceSSor or authorized representative. (OAR 7-602.1 " Eel 7-0701 <br /> <br />2. SPECIFICATIONS AND DRAWINGS (1964 JUN) <br />The Contractot shall keep on the work a copy of the drawings and <br />specifications and shall at all times give the Contracting Officer access <br />thereto. Anything mentioned in the specifications and not aha...n on the <br />drawings, or snown on the drawings and not mentioned in the specifications, <br />shall be of like effect as if shown or mentioned in both. In case of <br />difference between drawings and specifications, the specifications shall <br />govern. In case at discrepancy either in the figures, in the dra\lings, or in <br />the specifications, thl:' matter shall be prOlllptly submItted to the COntracting <br />Officer, who Sholll promptly lIIake a determination in writil'l9. Any adjustment <br />by the Contractor 'Wi t.hOut. such a deteC1ll1nation shall be at his own risk and <br />expense. The Contractilll} Officer shall furnish frOM tiae to time such detail <br />drawin9s and other information as be may consider necessary. ~nl~ss. otber...!se <br />provided. (OAR 7-602.;1:) <br /> <br />3. CIlANGES (1968 FED) <br />(al The ContractiR9 Officer .ay. at any time, without notice to the <br />suteties, by writ.ten order designated Or indicated to be a change ord@r, lIIake <br />any chanqe 1n the work within the general scope of the contract. including but <br />not. limit.ed to change!. <br /> <br />4. DIFFERING SITE CONDITIONS (1968 rES) <br />(a) 'lbe contractor shall prDaptly, and before such conditions are <br />disturbed, notify the Contracting Officer in writinq oft (lJ s~bslJrfaee Or <br />latent physical conditions at the site differing ~terially fr~ tho~e <br />indicated in this contract. or (2) unknown physical conditions at the site, of <br />an unusual nature, differing aaterlally from those ordinarily encountered and <br />generally recognized as inhering in work of the character provided for in this <br />contraCt. The COI\t.ractil\1} Officer ~hall promptly lnvestigate the conditions, <br />and it he finds that such conditions do Rlaterially so differ and cause an <br />increase Or decrease in the Contractor's cost of, or the tllM- required for, <br />perfonnance of any part of the work under this contract. whether Or not <br />cha"ged as a result of such conditions, an equitable adju.st.ment shall be made <br />and the contract modified in "'riting accordingly. <br />(bl No claim of the Contractor under this clause shall be allowed unless <br />tho! Contractor has 9iven the notice required in (a) above; provided, however, <br />the time prescribed therefOr lIIay be extend~d by the Government. <br />(c) No cia-i. by the COntractor fOr an equitable adjustlll@nt hereunder <br /> <br />(l May 83) <br /> <br />2 <br /> <br />(Canst. Gen. PrOv.) <br /> <br />Ii Hay 831 <br /> <br />1 <br /> <br />(Const. Gen. Prov.) <br />
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