Changes and Extra Work. CONTRACTOR and OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a Supplemental Contract or Change Order and approved and signed by OWNER and CONTRACTOR. Should OWNER direct or request additional project work not otherwise included within Paragraph 1 of this Contract, the cost of the additional work shall be added to the Contract Price and paid by OWNER pursuant to Paragraph 4 of Agreement. The term "cost" as used in this paragraph means the actual cost to CONTRACTOR of the labor, materials, or subcontracts required for the additional work increased by no more than 10 percent for CONTRACTOR overhead (including any increased bond costs).
Changes and Extra Work. 1. CONTRACTOR may request a change in scope of a Work Order Package or Request by advising ANAHEIM in writing of the change believed to be necessary. ANAHEIM may initiate a request for extra Work by written notification to CONTRACTOR. As soon as practicable after written notice, CONTRACTOR shall prepare and forward to ANAHEIM the price for the change or extra Work in accordance with the Proposal and any required adjustment to the schedule. The price shall include all costs associated with performing the additional or changed Work, including the impact on original contract Work, inefficiencies created by the additional or changed Work, and overhead associated with the additional or changed Work. All extra Work shall be billed at the rates shown in the Proposal or at a lump sum price approved by ANAHEIM’s Representative.
2. If CONTRACTOR’s price is not accepted, CONTRACTOR shall provide the ANAHEIM Representative with the details of its price estimate. If the Parties fail to agree on the price, the ANAHEIM Representative may authorize the additional or changed Work to be performed on a Time, Equipment and Material or Crew Hour Rate basis, while reserving the option to procure the change or extra Work from other contractors.
3. Should changes or extra Work be authorized by ANAHEIM, CONTRACTOR shall furnish the necessary labor with requisite small tools and/or materials required for performing such additional Work. All authorized changes and extra Work and the agreed to price shall be confirmed and directed through a Change Order to the Work Order Package or Request.
4. CONTRACTOR shall implement a change or extra Work only after it has received a written copy of an authorized Change Order. All changes or extra Work shall be performed under the terms and conditions of this Master Agreement. All Change Orders shall be signed by both Representatives of both Parties, prior to commencing the specified Work.
5. CONTRACTOR hereby expressly waives any compensation for any change or extra Work not authorized by an executed Change Order to the Work Order Package or Request. No compensation for labor or schedule impacts from changes or extra Work shall be considered, except as specified in the Change Order.
6. In no event shall an individual Change Order exceed the sum of Fifteen Thousand Dollars ($15,000.00) or ten percent (10%) of the original cost specified in the Work Order Package or Request, whichever is greater.
Changes and Extra Work. The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONSULTANT’s compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement. Changes that involve an increase in the compensation shall be considered major, and require the approval of the CITY.
Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following: Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work. If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official. In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
Changes and Extra Work. A. DISTRICT may, as provided by law and, without invalidating this Contract, order extra work or make changes by altering, adding to, or deducting from work and the Contract sum shall be adjusted accordingly. Upon a change order request by the DISTRICT or the DISTRICT’S representative, the CONTRACTOR shall submit a breakdown of all costs and/or credits incurred to accomplish the requested change, including subcontractor(s) and supplier(s) written quotations for the extra work or change in work. The breakdown shall be of sufficient detail to allow justification of additional costs and/or credits. CONTRACTOR shall submit the actual completed takeoff and pricing. Time extension(s) will not be granted for insufficient breakdown data that requires re-submittal, or for pricing that in the judgment of the DISTRICT is not consistent with reasonable cost. All the Work shall be subject to the conditions of this Contract and it shall be in accordance with all applicable legal requirements including, but not limited to, the provisions of Title 24 of the California Code of Regulations except that any claim for extension of time caused by changes shall be adjusted at the time of ordering the change. DISTRICT has the discretionary authority to order changes on a time and material basis, with adjustments to time, made after CONTRACTOR has justified, through documentation, the impact on the critical path of the Project. The issuance of a change order pursuant to this Section in connection with any change authorized by the DISTRICT under this Section shall not be deemed a condition precedent to CONTRACTOR’s obligation to promptly commence and diligently complete any such change authorized in writing by the DISTRICT hereunder. The DISTRICT's right to make changes shall not invalidate the Contract nor relieve the CONTRACTOR of any liability or other obligations under the Contract Documents. Any requirement of notice of changes in the scope of Work to the Surety shall be the responsibility of the CONTRACTOR. The DISTRICT may make changes to bring the Work or the Project into compliance with environmental requirements or standards established by local, state or federal statutes, codes, ordinances, and/or regulations enacted after award of the Contract.
B. Notwithstanding any other provision in the Contract Documents, the adjustment in the Contract sum, if any, and the adjustment in the Contract time, if any, set out in a change order shall constitute the entire compensation and...
Changes and Extra Work. District may make changes within the general scope of this Agreement and may request Engineer to perform additional services not covered by the Scope of Work defined in a TAF. If Engineer believes that any proposed change or direction given by District causes an increase or decrease in the cost and/or the time required for the performance of this Agreement, Engineer shall so notify District in writing no later than five days after the date of receiving notification of a proposed change or the changed direction. Engineer shall perform such services and will be paid for such services pursuant to a negotiated and mutually agreed change signed by the Parties to this Agreement. If Engineer determines that any work beyond the Scope of Work is necessary for completion of the Project, Engineer shall notify District and receive approval prior to starting that work. If the Parties do not agree whether Engineer is entitled to additional compensation or the extent of such compensation for work Engineer determines is extra or changed work, Engineer shall proceed with the work and the issue of the compensation shall be reserved for later determination as provided in Section 9 of this Agreement.
Changes and Extra Work. (a) Based upon the services Contractor will have provided in preparing its response to Owner’s request for proposals for the Work, and Contractor’s duties and responsibilities regarding the engineering and design of the Project, Contractor and Owner intend and expect that Contractor will not submit any Change Order requests during the construction of the Project based upon alleged errors or omissions in the Engineering Documents for the Project – including those prepared and provided by Owner and/or Owner’s Consultants. Rather, the parties intend and expect that Change Order requests will only be submitted for Owner-requested changes in the Scope of Work of the Project, or for changes in the work of the Project due to unforeseen conditions of the Site, all in accordance with this Agreement and the Contract Documents of the Project.
(b) Notwithstanding any other provision of this Agreement or the Contract Documents, in the event a Change Order is caused by, or necessitated as a result of wrongful acts or omissions on the part Contractor, or as a result of any errors or omissions in the Engineering Documents for the Project – including those prepared and provided by Owner and/or Owner’s Consultants, or the Owner otherwise incurs costs or damages as a result of wrongful acts or omissions on the part Contractor, or as a result of any errors or omissions in the plans, specifications, Drawings, or designs for the Project, the Contractor shall be responsible for the cost of the following:
(i) The costs of all engineering, design, labor, and materials necessary to fully correct the wrongful acts or omissions on the part of Contractor, or the error or omission in the Engineering Documents for the Project;
(ii) Any other costs or damages which the Owner incurs as a result of wrongful acts or omissions on the part Contractor, or of errors or omissions in the Engineering Documents for the Project, including but not limited to any delay damages the Owner incurs; and
(iii) The costs of any third-party engineer, contractor or consulting that the Owner, in the Owner’s sole discretion, must retain or consult with to ensure the proper rectification of wrongful acts or omissions on the part of Contractor, or of errors or omissions in the Engineering Documents for the Project. The Owner may backcharge, and withhold payment from, the Contractor for these costs and damages, and may seek reimbursement for any amount which exceeds any retention of the Agreement amount at the time...
Changes and Extra Work. 20 1. CONTRACTOR may request a change in scope of a Work Order Package 21 or Request by advising ANAHEIM in writing of the change believed to be necessary.
Changes and Extra Work. 7.1 Owner may require or approve changes within the general scope of Contractor's Services hereunder by a written Change Order, or may request extra work to be mutually agreed upon.
7.2 In the event any such change causes an increase or decrease in the time for performing Contractor's Services, the parties shall agree upon an equitable adjustment of the schedule obligations to the extent they are affected by such change. Contractor's staffing plan that is mutually agreed upon in accordance with and for the purposes described in Paragraph I a of Attachment B and the determination of the applicable Hourly Unit Rate Payments under that Paragraph shall also be subject to an equitable adjustment to the extent affected by any such scope change or by any changed circumstances outside of Contractor's control, including Force Majeure events, changes in law, and Owner's delay in performing its obligations hereunder.
7.3 Owner reserves the right to direct Contractor to reduce the number of Contractor's personnel assigned to the Project at any time upon thirty (30) days prior written notice to Contractor of such reduction. Further, Owner reserves the right to reduce the number of PCS-sites and/or MSCs assigned to Contractor at any time. Any such reductions shall be without penalty to Owner.
Changes and Extra Work a. Notice of Change. Subcontractor will be notified of any change requested by Xxxxx’x customer with respect to subcontract work in writing and will be consulted with respect to the proposed terms of any such change. Subcontractor will issue a new bid for the additional work in writing which shall be agreed to by Xxxxx to be enforceable.
