Bid Package 08 North Well Field - Garney Construction

separately identified item of Unit Price Goods and Special Services by
the estimated quantity of each such item as indicated in the Agreement.
A. The estimated quantities of item s of Unit Price Goods and Special
Services are not guaranteed and are solely for the purpose of
comparison of Bids and determ ining an initial Contract Price.
Determinations of the actual quantities and classifications of Unit Price
Goods and Special Services furnished by Seller will be m ade by
Engineer subject to the provisions of Paragraph SC- 9.07.
B. Each unit price will be deem ed to include an am ount considered by
Seller to be adequate to cover Se ller’s overhead and profit for each
separately identified item.
C. Buyer or Seller m ay make a Claim for an adjustm ent in the Contract
Price in accordance with Paragraph 9.06 if:
1. the quantity of any item of Unit Price Goods and Special Services
furnished by Seller differs m aterially and significantly from the
estimated quantity of such item indicated in the Agreement, and
2. there is no corresponding adjustm ent with respect to any other item
of Unit Price Goods and Special Services; and
3. Seller believes that Seller is entitled to an increase in Contract Price
as a result of having incurred add itional expense or Buyer believes
that Buyer is entitled to a decrease in Contract Price and the parties
are unable to agree as to the am ount of any such increase or
decrease.
SC-13
Dispute Resolution
SC-13.02 Add the following new paragraph immediately after Paragraph 13.01:
SC-13.02
Arbitration
A. All Claims or counterclaim s, disputes, or other m atters in question
between Buyer and Seller arising out of or relating to the Contract
Documents or the breach thereof (except for Claim s which have been
waived by the m aking or acceptance of final payment as provided by
Paragraph 10.07) not resolved under the provisions of Paragraph 13.01
will be decided by binding arbitration in accordance with the rules of
the State of Texas, subject to th e conditions and lim itations of this
Paragraph SC-13.02. This agreem ent to arbitrate and any other
agreement or consent to arbitrate entered into will be specif ically
enforceable under the prevailing law of any court having jurisdiction.
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