Common use of Change Order Clause in Contracts

Change Order. The term CHANGE ORDER refers to a written document, CHANGE ORDER AGREEMENT, executed by both parties to this Agreement setting forth and authorizing changes to the agreed upon Scope of Professional Services and Tasks, Compensation and Method of Payment, Time and Schedule of Performance, or Project Guidelines and Criteria as such were set forth and agreed to in the initial AGREEMENT, SUPPLEMENTAL TASK AUTHORIZATIONS, or previous CHANGE ORDERS issued thereto. The CHANGE ORDER document, which must be executed on a Lee County standard form, will set forth the authorized changes to the: scope of professional services, tasks, work, or materials to be performed or provided by the CONSULTANT; the compensation and method of payment; the schedule or time period for performance and completion; and the guidelines, criteria and requirements pertaining thereto. (1) Owner changes: These will be additional services. (2) Changes due to design errors or omissions: Design services for these will be at no cost to the County. Change orders resulting from gross negligence on the part of the CONSULTANT team may be required to be paid for by CONSULTANT in full, including equipment. (3) Changes due to differing site conditions: These will be additional services. The CONSULTANT will review all contract requests for change orders and make recommendations to the County. The CONSULTANT will periodically meet to review Change Orders to determine the nature of the change orders and the proper disposition thereof. The CONSULTANT will not be held liable for costs of that portion of any CHANGE ORDER that the County would have borne in the absence of any error or omission or otherwise results in the “betterment” of the project. The amount of the change in contract compensation and time set forth in any and all Change Orders executed and issued under this Agreement shall be understood and agreed by both Parties to this Agreement to be fair, equitable, adequate and complete. The changed compensation shall be understood and agreed to be the total of all costs associated with or impacted by the Change Order including, but not limited to any and all direct costs, indirect costs and associated costs that may result from or be caused by the Change Order, and shall be understood and agreed to include a fair, equitable and adequate adjustment to cover the CONSULTANT'S general administrative and overhead costs and profit. In the event the County decides to delete all, or portions, of the Scope of Services, Tasks, or Requirements set forth in the initial Agreement, Supplemental Task Authorization or previously authorized Change Order, the COUNTY may do so by the unilateral issuance of a written Change Order to the CONSULTANT. Such a unilaterally issued Change Order shall set forth, if appropriate: (1) an agreement by both the COUNTY and the CONSULTANT establishing changes in the amount of compensation to be paid the CONSULTANT as a result of the deletion or decrease in services required; or, (2) in the absence of such an agreement concerning compensation, the unilaterally issued Change Order shall set forth the basis to be used in subsequently considering, and reaching agreement on change(s) in the compensation to be paid the CONSULTANT. The failure on the part of the CONSULTANT to execute a Change Order issued unilaterally by the COUNTY to affect a deletion or decrease in the services required shall have no effect on or otherwise prevent the COUNTY from exercising its rights to direct the stated deletion or decrease in the services to be provided or performed by the CONSULTANT. Should errors, omissions or conflicts in the drawings, specification or other Contract Documents prepared by or through the CONSULTANT be discovered, the CONSULTANT will prepare and submit to the County, within five (5) calendar days unless otherwise authorized by the County, such amendments or supplementary documents to address the errors, omissions or conflicts, and provide consultation as may be required, for which the CONSULTANT will make no additional charges to the County.

Change Order. The term CHANGE ORDER refers (a) If a change in the Work is to be ordered, a supplementary instruction (“Supplementary Instruction”) shall be issued by CLIENT to ECHO describing the change and requesting the submission of a Change Order Request. When time does not permit the processing of a Change Order in advance of commencing the change in the Work, (a) upon receipt of a written documentauthorization from CLIENT, CHANGE ORDER AGREEMENTECHO shall proceed with a change in the Work, executed by both parties to and ECHO shall concurrently proceed with submission of a Change Order Request consistent with the provisions of this Agreement setting forth (or any Project Order) and authorizing changes to with costs based on the agreed upon Scope of Professional Services and Tasks, Compensation and Method of Payment, Time and Schedule of PerformanceValues, or Project Guidelines where applicable, and Criteria as such were set forth and agreed to in the initial AGREEMENT, SUPPLEMENTAL TASK AUTHORIZATIONS, or previous CHANGE ORDERS issued thereto. The CHANGE ORDER document, which must be executed on a Lee County standard form, will set forth the authorized changes to the: scope of professional services, tasks, work, or materials to be performed or provided by the CONSULTANT; the compensation and method of payment; the schedule or time period for performance and completion; and the guidelines, criteria and requirements pertaining thereto. (1b) Owner changes: These will be additional services. (2) Changes due to design errors or omissions: Design services for these will be at no cost to the County. Change orders resulting from gross negligence on the part of the CONSULTANT team may CLIENT shall be required to be paid execute any Change Order for by CONSULTANT in full, including equipment. (3) Changes due to differing site conditions: These will be additional services. The CONSULTANT will review all contract requests for change orders and make recommendations to the County. The CONSULTANT will periodically meet to review Change Orders to determine the nature of the change orders and the proper disposition thereof. The CONSULTANT will not be held liable for costs of that portion of any CHANGE ORDER that the County would have borne in the absence of any error or omission or otherwise results in the “betterment” of the project. The amount of the such change in contract compensation and time set forth in any and all Change Orders executed and issued under this Agreement shall be understood and agreed by both Parties to this Agreement to be fair, equitable, adequate and complete. The changed compensation shall be understood and agreed to be Work provided that (i) the total of all costs associated with or impacted by the Change Order including, but not limited to any and all direct costs, indirect costs and associated costs that may result from or be caused by the Change Order, and shall be understood and agreed to include a fair, equitable and adequate adjustment to cover the CONSULTANT'S general administrative and overhead costs and profit. In the event the County decides to delete all, or portions, of the Scope of Services, Tasks, or Requirements Work set forth in the initial AgreementChange Order is consistent with the Supplementary Instruction, Supplemental Task Authorization (ii) CLIENT provided ECHO with written authorization for such change in Work as described above, and (iii) ECHO submits a Change Order Request to CLIENT in accordance with the terms of Section 13.6 below. (b) Within five (5) days of its receipt of a Supplementary Instruction, ECHO shall provide a preliminary written estimate based upon the agreed upon Schedule of Values of any change in the contract price or previously authorized Change OrderProject Schedule associated with the change described in the Supplementary Instruction. Within ten (10) business days following receipt of a Supplementary Instruction or, in the COUNTY may do so by the unilateral issuance case of a substantial scope revision, as soon as reasonably possible, ECHO shall submit a written Change Order Request to CLIENT together with the CONSULTANTrevised or new documents which, if approved by CLIENT, will become part of this Agreement (or any Project Order). Such a unilaterally issued A Change Order shall set forthRequest is a written document setting forth any requested adjustment in the contract price and, if appropriate: (1) necessary, the Project Schedule and including an agreement by both itemization of all costs of material and labor and a substantiation of any Claim for an extension of the COUNTY Project Schedule. When pricing Change Orders, ECHO shall provide pricing on a fair and reasonable basis consistent with pricing of the CONSULTANT establishing Cost of the Work in the base contract and otherwise consistent with good industry practice. In addition, ECHO and CLIENT shall make reasonable efforts to minimize any schedule impact associated with any changes in the amount of compensation to Work. If the preliminary oral estimate or the Change Order Request is not submitted by ECHO within such period, then ECHO shall be paid liable for any delay in the CONSULTANT as a result completion of the deletion or decrease in services required; or, Work resulting from the failure of ECHO to timely respond. (2c) in the absence of such an agreement concerning compensation, the unilaterally issued Change Order shall set forth the basis to be used in subsequently considering, and reaching agreement on change(s) in the compensation to be paid the CONSULTANT. The failure on the part of the CONSULTANT to execute If CLIENT accepts a Change Order issued unilaterally Request submitted by ECHO, ECHO shall prepare a Change Order that is based upon such Change Order Request for execution by ECHO and CLIENT, and the COUNTY to affect a deletion or decrease contract price and Project Schedule shall be adjusted, if at all, as provided in the services required shall have Change Order. (d) Other than as provided in this Section 15, no effect on or otherwise prevent the COUNTY from exercising its rights to direct the stated deletion or decrease change in the services Work, whether by way of alteration or addition to the Work, shall be provided the basis of an addition to or performed by subtraction from the CONSULTANT. Should errorscontract price, omissions or conflicts a change in the drawingsProject Schedule unless and until such alteration or addition has been authorized by a written Change Order executed and issued in accordance with and in strict compliance with the requirements of this Agreement (or any Project Order); provided, specification or other Contract Documents prepared by or through however, if the CONSULTANT be discovered, the CONSULTANT will prepare and submit parties are unable to agree upon a revision to the Countycontract price or Project Schedule, within five then both parties shall be entitled to utilize the procedures under Article 17.2 to resolve such disagreement. This requirement is of the essence of this Agreement (5) calendar days unless otherwise authorized by or any Project Order). Accordingly, no course of conduct or dealings between the Countyparties, such amendments nor express or supplementary documents implied acceptance of alterations or additions to address the errors, omissions or conflictsWork, and provide consultation as no claim that the CLIENT has been unjustly enriched by any alteration or addition to the Work, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim to an increase in the contract price or change in the Project Schedule. Changes in the Work may be required, for which the CONSULTANT will make no additional charges made without notice by CLIENT to the CountyECHO’s sureties of any of their obligations to CLIENT.

Change Order. The term CHANGE ORDER refers to which is a written documentamendment to the Contract, CHANGE ORDER AGREEMENTchanging the Work, and/or the Design-Build Documents, and/or the Contract Sum, and/or the Contract Time, executed by both parties to this Agreement setting forth and authorizing changes the Board of Directors. § 6.1.2 Timeline: Within fifteen (15) Days of receipt of a request for a Proposed Change Order (PCO) from the Owner, Design-Builder will, to the agreed upon Scope extent feasible given the scope of Professional Services the PCO, submit in a format acceptable to the Owner, Design-Builder’s proposed cost and Tasks, Compensation time estimates detailing the amount to be added to or deducted from the Contract Sum and Method Contract Time due to the proposed change. The Design-Builder’s proposal must include (“Supporting Documentation”): .1 Detailed estimates and other documentation supporting the proposed cost; and .2 Proposed adjustment of Payment, the Contract Time that is known by the Design-Builder to be directly or indirectly attributable to the proposed Change Order. All requests for adjustment to the Contract Time must be supported by a detailed schedule analysis. § 6.1.3 Failure to submit cost and Schedule of Performancetime estimate: If Design-Builder fails to submit the required information and documentation, or Project Guidelines and Criteria as such were set forth and agreed an explanation of why doing so is not feasible, within the 15 Day time limit, Owner has the right to in the initial AGREEMENT, SUPPLEMENTAL TASK AUTHORIZATIONS, or previous CHANGE ORDERS issued theretoissue a unilateral Change Order. The CHANGE ORDER documentContract Sum and Contract Time will be changed in accordance with the Owner’s estimate of cost and time, which must be executed unless, within 15 Days following completion of the added Work or with written notice to delete the Work, the Design-Builder submits to the Owner written proof that the Owner’s estimate is in error. § 6.1.4 If, after the Design-Builder has submitted their cost and time proposal, the Owner and the Design-Builder fail to successfully negotiate and agree on a Lee County standard form, will set forth time and/or cost for the authorized changes to the: scope of professional services, tasks, work, or materials to be performed or provided by the CONSULTANT; the compensation and method of payment; the schedule or time period for performance and completion; and the guidelines, criteria and requirements pertaining thereto. (1) Owner changes: These will be additional services. (2) Changes due to design errors or omissions: Design services for these will be at no cost to the County. Change orders resulting from gross negligence on the part of the CONSULTANT team may be required to be paid for by CONSULTANT in full, including equipment. (3) Changes due to differing site conditions: These will be additional services. The CONSULTANT will review all contract requests for change orders and make recommendations to the County. The CONSULTANT will periodically meet to review Change Orders to determine the nature of the change orders and the proper disposition thereof. The CONSULTANT will not be held liable for costs of that portion of any CHANGE ORDER that the County would have borne in the absence of any error or omission or otherwise results in the “betterment” of the project. The amount of the change in contract compensation and time set forth in any and all Change Orders executed and issued under this Agreement shall be understood and agreed by both Parties to this Agreement to be fair, equitable, adequate and complete. The changed compensation shall be understood and agreed to be the total of all costs associated with or impacted by the Change Order including, but not limited to any and all direct costs, indirect costs and associated costs that may result from or be caused by the Change Order, and shall be understood and agreed to include a fair, equitable and adequate adjustment to cover the CONSULTANT'S general administrative and overhead costs and profit. In the event the County decides to delete all, or portions, of the Scope of Services, Tasks, or Requirements set forth in the initial Agreement, Supplemental Task Authorization or previously authorized proposed Change Order, the COUNTY Owner may do so by the issue a unilateral issuance of a written Change Order to the CONSULTANT. Such a unilaterally issued Change Order shall set forth, if appropriate: (1) an agreement by both the COUNTY Design-Builder and the CONSULTANT establishing changes in Design-Builder must proceed with the amount of compensation to be paid changed Work. If the CONSULTANT as a result Design-Builder disputes any portion of the deletion or decrease in services required; or, (2) in the absence of such an agreement concerning compensationunilateral Change Order, the unilaterally issued Change Order shall set forth Design-Builder must maintain time and materials records as specified herein. If the basis Design-Builder fails to maintain such records or fails to submit such records within 15 Days following completion of the added Work, Owner’s estimate will be used for the purpose of final adjustment in subsequently considering, Contract Time and reaching agreement on change(s) in the compensation to be paid the CONSULTANT. The failure on the part of the CONSULTANT to execute a Change Order issued unilaterally by the COUNTY to affect a deletion or decrease in the services required shall have no effect on or otherwise prevent the COUNTY from exercising its rights to direct the stated deletion or decrease in the services to be provided or performed by the CONSULTANT. Should errors, omissions or conflicts in the drawings, specification or other Contract Documents prepared by or through the CONSULTANT be discovered, the CONSULTANT will prepare and submit to the County, within five (5) calendar days unless otherwise authorized by the County, such amendments or supplementary documents to address the errors, omissions or conflicts, and provide consultation as may be required, for which the CONSULTANT will make no additional charges to the CountySum.

Change Order. The term 9.5.1 CHANGE ORDER refers PROCESS Purchaser may at any time upon fifteen (15) days written notice to Supplier, make any change within the scope of this Agreement or any unfulfilled Order(s), including, without limitation, the addition or deletion of SERVICES to be performed, the time and/or place of performance, delivery or installation thereof. Any such Order shall be specifically identified as a Change Order pursuant to this Article. Purchaser may request Supplier to provide a written documentproposal, CHANGE ORDER AGREEMENTthe cost of which shall be solely borne by Supplier, executed by both parties to this Agreement setting forth stating the additional requirements or reduction of existing requirements and authorizing changes to the agreed upon Scope of Professional Services cost and Tasks, Compensation and Method of Payment, Time and Schedule of Performance, or Project Guidelines and Criteria as such were set forth and agreed to in the initial AGREEMENT, SUPPLEMENTAL TASK AUTHORIZATIONS, or previous CHANGE ORDERS issued schedule implications incident thereto. The CHANGE ORDER document, which must be executed on a Lee County standard form, will set forth Supplier agrees that the authorized changes to the: scope of professional services, tasks, work, or materials to be performed or provided by the CONSULTANT; the compensation and method of payment; the schedule or time period for performance and completion; and the guidelines, criteria and requirements pertaining thereto. (1) Owner changes: These will be additional services. (2) Changes due to design errors or omissions: Design services for these will be at no cost to the County. Change orders resulting from gross negligence on the part of the CONSULTANT team may be required to be paid for by CONSULTANT in full, including equipment. (3) Changes due to differing site conditions: These will be additional services. The CONSULTANT will review all contract requests for change orders and make recommendations to the County. The CONSULTANT will periodically meet to review Change Orders to determine the nature Purchaser of the change orders shall be mutually agreed to by the parties at the time of such requested change and the proper disposition thereof. The CONSULTANT will not be held liable for costs of that portion of any CHANGE ORDER Supplier agrees that the County would have borne in the absence of any error or omission or otherwise results in the “betterment” of the project. The amount cost to Purchaser of the change in contract compensation and time set forth in any and all Change Orders executed and issued under this Agreement shall be understood mutually agreed upon. If Purchaser is in agreement with the terms, conditions and agreed by both Parties charges specified in the proposal, Purchaser will issue a Change Order pursuant to this Agreement to be fair, equitable, adequate Agreement. In the event that Supplier has not identified any schedule implications in the Proposal and complete. The changed compensation shall be understood and agreed to be the total of all costs associated with or impacted by the Change Order includingis issued at least fifteen (15) days prior to the scheduled delivery date, but not limited the change(s) shall be accomplished without affecting the original delivery date; unless otherwise specified in the terms of an agreed upon Change Order if the Change Order is issued less than fifteen (15) days from the scheduled delivery date, the delivery date may be subject to any change and all direct costsSupplier will identify, indirect costs and associated costs that may result from or be caused by upon receipt of the Change Order, whether, and to what extent, any change in delivery date will occur. All SERVICES covered hereunder shall be understood performed or supplied in accordance with this Agreement and agreed to include a fair, equitable and adequate adjustment to cover the CONSULTANT'S general administrative and overhead costs and profit. In the event the County decides to delete all, or portions, of the Scope of Services, Tasks, or Requirements set forth in the initial Agreement, Supplemental Task Authorization or previously such changes thereto as are subsequently authorized Change Order, the COUNTY may do so by the unilateral issuance of a written Change Order to issued by Purchaser. Nothing in this clause shall excuse the CONSULTANT. Such a unilaterally issued Change Order shall set forth, if appropriate: (1) an agreement by both Supplier from proceeding with the COUNTY and the CONSULTANT establishing changes in the amount of compensation to be paid the CONSULTANT Agreement as a result of the deletion or decrease in services required; or, (2) in the absence of such an agreement concerning compensation, the unilaterally issued Change Order shall set forth the basis to be used in subsequently considering, and reaching agreement on change(s) in the compensation to be paid the CONSULTANT. The failure on the part of the CONSULTANT to execute a Change Order issued unilaterally by the COUNTY to affect a deletion or decrease in the services required shall have no effect on or otherwise prevent the COUNTY from exercising its rights to direct the stated deletion or decrease in the services to be provided or performed by the CONSULTANT. Should errors, omissions or conflicts in the drawings, specification or other Contract Documents prepared by or through the CONSULTANT be discovered, the CONSULTANT will prepare and submit to the County, within five (5) calendar days unless otherwise authorized by the County, such amendments or supplementary documents to address the errors, omissions or conflicts, and provide consultation as may be required, for which the CONSULTANT will make no additional charges to the Countychanged.

Change Order. The term CHANGE ORDER refers to a written document, CHANGE ORDER AGREEMENT, executed by both parties to this Agreement setting forth and authorizing If Landlord shall desire any changes to the agreed upon Scope of Professional Services Final Plans, Landlord shall first obtain Tenant's prior consent to such change. If Tenant shall desire any changes to the Final Plans (a "Tenant Change Order"), Tenant shall so advise Landlord in writing and Taskssuch change shall be automatically approved by Landlord unless such change shall (i) adversely impact the Building's mechanical, Compensation and Method of Paymentelectrical or heating, Time and Schedule of Performanceventilation or air conditioning systems, or Project Guidelines and Criteria as such were set forth and agreed to (ii) adversely impact the structure of the Building, or (iii) be visible from the exterior of the Building or (iv) result in the initial AGREEMENTpenetration or puncturing of the roof or floor, SUPPLEMENTAL TASK AUTHORIZATIONSin which event such approval shall not be automatic and Landlord must approve such change in writing, or previous CHANGE ORDERS issued thereto. The CHANGE ORDER document, which must be executed on a Lee County standard form, will set forth the authorized changes to the: scope of professional services, tasks, work, or materials such approval by Landlord not to be performed unreasonably withheld or provided by the CONSULTANT; the compensation delayed. Any and method all out-of payment; the schedule or time period for performance pocket third party costs of reviewing any Tenant Change Orders, and completion; any and the guidelines, criteria and requirements pertaining thereto. (1) Owner changes: These will be additional services. (2) Changes due to design errors or omissions: Design services for these will all out-of-pocket third party costs of making any Tenant Change Orders shall be at no Tenant's sole cost to the County. Change orders resulting from gross negligence on the part of the CONSULTANT team may be required to and expense and shall be paid for by CONSULTANT in full, including equipment. (3) Changes due to differing site conditions: These will be additional services. The CONSULTANT will review all contract requests for change orders Landlord upon demand and make recommendations to the County. The CONSULTANT will periodically meet to review Change Orders to determine the nature before execution of the change orders and the proper disposition thereof. The CONSULTANT will not be held liable for costs of that portion of any CHANGE ORDER that the County would have borne in the absence of any error or omission or otherwise results in the “betterment” of the project. The amount of the change in contract compensation and time set forth in any and all Change Orders executed and issued under this Agreement shall be understood and agreed by both Parties to this Agreement to be fair, equitable, adequate and complete. The changed compensation shall be understood and agreed to be the total of all costs associated with or impacted by the Change Order including, but not limited to any and all direct costs, indirect costs and associated costs that may result from or be caused by the Change Order, and shall be understood and agreed to include a fair, equitable and adequate adjustment to cover the CONSULTANT'S general administrative and overhead costs and profitorder. In the event of any change to the County decides Final Plans or the Tenant Improvements pursuant to delete all, or portions, of the Scope of Services, Tasks, or Requirements set forth in the initial Agreement, Supplemental Task Authorization or previously authorized a Tenant Change Order, Tenant shall instruct the COUNTY may do so Space Planner, at Tenant's sole cost and expense, to complete all working drawings necessary to show the change, addition or alteration being requested by the unilateral issuance of Tenant. The construction contract shall include a written Change Order change order mechanism stating that any change orders to the CONSULTANT. Such a unilaterally issued Change Order shall set forthFinal Plans or the Work can only be made with the prior written consent of Landlord, if appropriate: (1) an agreement by both the COUNTY Tenant and the CONSULTANT establishing changes in general contractor; provided, however, that any such change order and the amount cost of compensation any such change order must be pre-approved by Tenant. All such proposed change orders shall contain a specific cost attributable to be paid the CONSULTANT as a result of the deletion or decrease in services required; or, (2) in the absence of such an agreement concerning compensation, the unilaterally issued Change Order shall set forth the basis to be used in subsequently considering, and reaching agreement on change(s) in the compensation to be paid the CONSULTANT. The failure on the part of the CONSULTANT to execute a Change Order issued unilaterally by the COUNTY to affect a deletion or decrease in the services required shall have no effect on or otherwise prevent the COUNTY from exercising its rights to direct the stated deletion or decrease in the services to be provided or performed by the CONSULTANT. Should errors, omissions or conflicts in the drawings, specification or other Contract Documents prepared by or through the CONSULTANT be discovered, the CONSULTANT will prepare and submit to the County, within five (5) calendar days unless otherwise authorized by the County, such amendments or supplementary documents to address the errors, omissions or conflicts, and provide consultation as may be required, for which the CONSULTANT will make no additional charges to the Countychange order.