Change Order Procedure. 7.2.1 A Change Order is a written instrument prepared by the A/E and executed by the Contracting Authority and the Contractor, stating their agreement upon all of the following: 7.2.1.1 a change in the Work; 7.2.1.2 the amount of the adjustment of the Contract Sum, if any; and 7.2.1.3 the extent of the adjustment of the Contract Times, if any. 7.2.2 Except with the Contracting Authority’s written consent as explicitly provided under Section 7.4.8, the Contractor is not entitled to reserve any rights or take other similar action with respect to a Change Order if the effect or intent of the reservation or action would be to accommodate a further adjustment of the Contract Sum or Contract Times, or both, after the Contractor signs the Change Order. By signing a Change Order, the Contractor irrevocably certifies that the elements of a Change Order described in Section 7.2.1 are completely satisfied, and waives all rights, if any, to seek further adjustment of the Contract Sum or Contract Times, or both, at a later date with respect to the associated change in the Work including without limitation on account of the “cumulative impact” of the associated change in the Work in combination with one or more other changes in the Work. 7.2.3 The A/E shall prepare each Change Order form, attach the supporting documentation, and issue the Change Order to the Contractor for signature. 7.2.4 If the Contractor is in agreement with the Change Order under Section 7.2.1, the Contractor shall sign and return the Change Order to the A/E within 3 days ofafter receiving it. 7.2.4.1 If the Project is administered using OAKS CIthe State’s web-based project management software, the Contractor shall indicate its agreement with the Change Order using the “Change Order” (Agency/Higher Education) or “Contract Modifications” (School Facilities) business process. 7.2.5 When the A/E receives the Change Order signed by the Contractor, the A/E shallwill recommend approval by signing the form and transmitting the Change Order and the revised Change Order Log to the Owner. 7.2.6 When the Owner receives the Change Order, the Owner shallmay sign the form accepting the Change Order, attach certification of funding, and transmit the Change Order to the Contracting Authority; or, if the Owner does not accept the Change Order, the Owner shallwill reject it and return it to the A/E. 7.2.7 When the Contracting Authority receives the Change Order, the Contracting Authority shallmay sign the form approving the Change Order, and transmit the fully executed Change Order to all signers; or, if the Contracting Authority does not accept the Change Order, the Contracting Authority shallwill reject it and return it to the A/E. 7.2.8 When the Change Order is signed by the Contractor, the A/E, theA/E, Owner, and the Contracting Authority, the fully executed Change Order modifies the Contract Documents and authorizes and directs the Contractor to proceed, and the Contractor shall promptly proceed with the associated change in the Work.
Appears in 2 contracts
Samples: General Contracting Agreement, Standard Requirements for Public Facility Construction
Change Order Procedure. 7.2.1 A Change Order is a written instrument prepared by the A/E and executed by the Contracting Authority and the ContractorCM, stating their agreement upon all of the following:
7.2.1.1 a change in the Work;
7.2.1.2 the amount of the adjustment of the Contract Sum, if any; and
7.2.1.3 the extent of the adjustment of the Contract Times, if any.
7.2.2 Except with the Contracting Authority’s written consent as explicitly provided under Section 7.4.8, the Contractor CM is not entitled to reserve any rights or take other similar action with respect to a Change Order if the effect or intent of the reservation or action would be to accommodate a further adjustment of the Contract Sum or Contract Times, or both, after the Contractor CM signs the Change Order. By signing a Change Order, the Contractor CM irrevocably certifies that the elements of a Change Order described in Section 7.2.1 are completely and fully satisfied, and waives all rights, if any, to seek further adjustment of the Contract Sum or Contract Times, or both, at a later date with respect to the associated change in the Work including without limitation on account of (1) the “cumulative impact” of the associated change in the Work in combination with one or more other changes in the Work; (2) all direct and indirect costs, including interest on those costs; and (3) any delays, inefficiencies, disruptions, suspensions, extended overhead, and acceleration.
7.2.3 The A/E shall prepare each Change Order form, attach the supporting documentation, and issue the Change Order to the Contractor CM for signature.
7.2.4 If the Contractor CM is in agreement with the Change Order under Section 7.2.1, the Contractor CM shall sign and return the Change Order to the A/E within 3 three days ofafter after receiving it.
7.2.4.1 If the Project is administered using OAKS CIthe the State’s web-based project management software, the Contractor CM shall indicate its agreement with the Change Order using the “Change Order” (Agency/Higher Education) or “Contract Modifications” (School Facilities) business process.
7.2.5 When the A/E receives the Change Order signed by the ContractorCM, the A/E shallwill will recommend approval by signing the form and transmitting the Change Order and the revised Change Order Log to the Owner.
7.2.6 When the Owner receives the Change Order, the Owner shallmay may sign the form accepting the Change Order, attach certification of funding, and transmit the Change Order to the Contracting Authority; or, if the Owner does not accept the Change Order, the Owner shallwill will reject it and return it to the A/E.
7.2.7 When the Contracting Authority receives the Change Order, the Contracting Authority shallmay may sign the form approving the Change Order, and transmit the fully executed Change Order to all signers; or, if the Contracting Authority does not accept the Change Order, the Contracting Authority shallwill will reject it and return it to the A/E.
7.2.8 When the Change Order is signed by the Contractor, the A/E, theA/ECM, Owner, and the Contracting Authority, the fully executed Change Order modifies the Contract Documents and authorizes and directs the Contractor CM to proceed, and the Contractor CM shall promptly proceed with the associated change in the Work.
Appears in 2 contracts
Samples: Professional Services, Construction Manager at Risk Agreement
Change Order Procedure. 7.2.1 A Change Order is a written instrument prepared by the A/E and executed by the Contracting Authority and the Contractor, stating their agreement upon all of the following:
7.2.1.1 a change in the Work;
7.2.1.2 the amount of the adjustment of the Contract Sum, if any; and
7.2.1.3 the extent of the adjustment of the Contract Times, if any.
7.2.2 Except with the Contracting Authority’s written consent as explicitly provided under Section 7.4.8, the Contractor is not entitled to reserve any rights or take other similar action with respect to a Change Order if the effect or intent of the reservation or action would be to accommodate a further adjustment of the Contract Sum or Contract Times, or both, after the Contractor signs the Change Order. By signing a Change Order, the Contractor irrevocably certifies that the elements of a Change Order described in Section 7.2.1 are completely satisfied, and waives all rights, if any, to seek further adjustment of the Contract Sum or Contract Times, or both, at a later date with respect to the associated change in the Work including without limitation on account of the “cumulative impact” of the associated change in the Work in combination with one or more other changes in the Work.
7.2.3 The A/E shall prepare each Change Order form, attach the supporting documentation, and issue the Change Order to the Contractor for signature.
7.2.4 If the Contractor is in agreement with the Change Order under Section 7.2.1, the Contractor shall sign and return the Change Order to the A/E within 3 days ofafter after receiving it.
7.2.4.1 If the Project is administered using OAKS CIthe State’s web-based project management software, the Contractor shall indicate its agreement with the Change Order using the “Change Order” (Agency/Higher Education) or “Contract Modifications” (School Facilities) business process.
7.2.5 When the A/E receives the Change Order signed by the Contractor, the A/E shallwill will recommend approval by signing the form and transmitting the Change Order and the revised Change Order Log to the Owner.
7.2.6 When the Owner receives the Change Order, the Owner shallmay may sign the form accepting the Change Order, attach certification of funding, and transmit the Change Order to the Contracting Authority; or, if the Owner does not accept the Change Order, the Owner shallwill will reject it and return it to the A/E.
7.2.7 When the Contracting Authority receives the Change Order, the Contracting Authority shallmay may sign the form approving the Change Order, and transmit the fully executed Change Order to all signers; or, if the Contracting Authority does not accept the Change Order, the Contracting Authority shallwill will reject it and return it to the A/E.
7.2.8 When the Change Order is signed by the Contractor, the A/E, theA/E, Owner, and the Contracting Authority, the fully executed Change Order modifies the Contract Documents and authorizes and directs the Contractor to proceed, and the Contractor shall promptly proceed with the associated change in the Work.
Appears in 1 contract
Samples: Standard Requirements for Public Facility Construction
Change Order Procedure. 7.2.1 A Change Order is a written instrument prepared by the A/E and executed by the Contracting Authority and the ContractorCM, stating their agreement upon all of the following:
7.2.1.1 a change in the Work;
7.2.1.2 the amount of the adjustment of the Contract Sum, if any; and
7.2.1.3 the extent of the adjustment of the Contract Times, if any.
7.2.2 Except with the Contracting Authority’s written consent as explicitly provided under Section 7.4.8, the Contractor CM is not entitled to reserve any rights or take other similar action with respect to a Change Order if the effect or intent of the reservation or action would be to accommodate a further adjustment of the Contract Sum or Contract Times, or both, after the Contractor CM signs the Change Order. By signing a Change Order, the Contractor CM irrevocably certifies that the elements of a Change Order described in Section 7.2.1 are completely satisfied, and waives all rights, if any, to seek further adjustment of the Contract Sum or Contract Times, or both, at a later date with respect to the associated change in the Work including without limitation on account of the “cumulative impact” of the associated change in the Work in combination with one or more other changes in the Work.
7.2.3 The A/E shall prepare each Change Order form, attach the supporting documentation, and issue the Change Order to the Contractor CM for signature.
7.2.4 If the Contractor CM is in agreement with the Change Order under Section 7.2.1, the Contractor CM shall sign and return the Change Order to the A/E within 3 days ofafter receiving it.
7.2.4.1 If the Project is administered using OAKS CIthe State’s web-based project management software, the Contractor CM shall indicate its agreement with the Change Order using the “Change Order” (Agency/Higher Education) or “Contract Modifications” (School Facilities) business process.
7.2.5 When the A/E receives the Change Order signed by the ContractorCM, the A/E shallwill recommend approval by signing the form and transmitting the Change Order and the revised Change Order Log to the Owner.
7.2.6 When the Owner receives the Change Order, the Owner shallmay sign the form accepting the Change Order, attach certification of funding, and transmit the Change Order to the Contracting Authority; or, if the Owner does not accept the Change Order, the Owner shallwill reject it and return it to the A/E.E. Version Control Document
7.2.7 When the Contracting Authority receives the Change Order, the Contracting Authority shallmay sign the form approving the Change Order, and transmit the fully executed Change Order to all signers; or, if the Contracting Authority does not accept the Change Order, the Contracting Authority shallwill reject it and return it to the A/E.
7.2.8 When the Change Order is signed by the ContractorCM, the A/E, theA/E, Owner, and the Contracting Authority, the fully executed Change Order modifies the Contract Documents and authorizes and directs the Contractor CM to proceed, and the Contractor CM shall promptly proceed with the associated change in the Work.
Appears in 1 contract
Samples: Cm at Risk Contract