Common use of Changes in the Work Clause in Contracts

Changes in the Work. A. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. Noofficer, employee or agent of the County is authorized to direct any extra or changed work orally. B. A Change Order, in the form attached to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor shall mutually agree. C. If the County and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor disagrees with the County's adjustment determination, Contractor must make a claim pursuant to Section 18 of this Agreement or else be deemed to have waived any claim on this matter it might otherwise havehad. D. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The County shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 7 contracts

Samples: Construction Agreement, Construction Agreement, Construction Agreement

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Changes in the Work. A. The 9.1. County shall have the right right, at any time during the progress of the Work Work, to increase or decrease the Work. Promptly after being notified of a change, Contractor Design-Build Firm shall submit an itemized estimate quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyCounty as set forth in this Section, and the County shall not be liable to the Contractor Design-Build Firm for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work Work orally. B. 9.2. A Change Order, in the form attached as Exhibit F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor Design- Build Firm and the County concerning the requested changes. Contractor Design-Build Firm shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor Design- Build Firm shall mutually agree. C. 9.3. If the County and Contractor Design-Build Firm are unable to agree on a Field Directive Change Order for the requested change, Contractor Design-Build Firm shall, nevertheless, promptly perform the change as directed by the County in a written Work Field Directive ChangeChange Order. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor Design-Build Firm disagrees with the County's adjustment determination, Contractor Design-Build Firm must make a claim pursuant to Section 18 10 of this Agreement these General Terms and Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 9.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the ContractorDesign Build Firm's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance Allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items involved. 9.4.1. In the event such change changed Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor Design-Build Firm for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor Design-Build Firm and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The 9.5. County shall have the right to conduct an audit of ContractorDesign-Build Firm's books and records to verify the accuracy of the ContractorDesign-Build Firm's claim with respect to ContractorDesign-Build Firm's costs associated with any Change Order. F. 9.6. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field D i r e c t i v e C h a n g e Order or by other written order. Such changes shall be binding on the ContractorDesign- Build Firm.

Appears in 4 contracts

Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement

Changes in the Work. A. The County shall have 8.1. Without invalidating the right contract, the Engineer may at any time during time, by written order, direct extra work within the progress general scope or alter the work by addition or deduction of items that do not alter the scope of the Work to increase work. Such changes may be effected by Change Order or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the County, and the County shall not be liable to the Contractor for any increased compensation without such by other written order. NoofficerSuch changes shall be binding on Contractor. No officer, employee employee, or agent of the County is authorized to direct any extra or changed change work orally. All changes orders shall be executed in the manner set forth in the Lake County Purchasing Procedures. A copy of such procedures shall be available upon request. B. A Change Order8.2. If changes to the scope of the work are required or if the contract time or the total contract price is increased or decreased, in the form attached to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the a Change Order in the manner as the County and Contractor shall mutually agreeaccordance with Board policy will be required. C. 8.3. The value of such extra work or change shall be determined by contract unit values if applicable unit values are set forth in the contract. The amount of the change shall be computed from such values and added to or deducted from the contract price. If the applicable unit values are not in the contract, the value of such extra work or change shall be determined by negotiation. 8.4. Should a Change Order be required, and the County and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed in writing by the County in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the CountyEngineer. If Contractor disagrees with the County's Engineer’s adjustment determination, Contractor must make a claim pursuant to the Claims and Dispute Section 18 of this Agreement herein, or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. In the event a requested change results in an increase to the Contract Amount8.5. For new work not covered by contract unit values, the amount of the an increase shall be limited to the Contractor's ’s reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work work is performed by a Subcontractorsubcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total overall maximum markup of fifteen percent (15%)) of the amount of change work. All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. 8.6. In an emergency endangering life or property, or as expressly set forth herein, the Engineer has the authority to order the necessary work in writing. The County shall have the right not be liable to conduct an audit of Contractor's books Contractor for any increased compensation without such written order. The payment authorized by a written order shall represent full and records complete compensation to verify the accuracy of the Contractor's claim with respect to Contractor's costs Contractor for labor, materials, incidental expenses, overhead, profit, impact costs, and time associated with the work authorized by such written order. 8.7. Execution by Contractor of a properly authorized Change Order (see appendix) shall be considered a waiver of all claims or requests for additional time or compensation for any activities prior to the time of execution related to items included in the Change Order. F. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 3 contracts

Samples: Pool Contract, Pool Contract, Pool Contract for Road Resurfacing and Related Services

Changes in the Work. A. The 10.1. County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work orally. B. 10.2. A Change Order, in the form attached as Exhibit F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor shall mutually agree. C. 10.3. If the County and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor disagrees with the County's adjustment determination, Contractor must make a claim pursuant to Section 18 11 of this Agreement these General Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The 10.5. County shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. 10.6. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected affected by Field Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

Changes in the Work. A. The 9.1. County shall have the right right, at any time during the progress of the Work Work, to increase or decrease the Work. Promptly after being notified of a change, Contractor Design-Build Firm shall submit an itemized estimate quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyCounty as set forth in this Section, and the County shall not be liable to the Contractor Design-Build Firm for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work Work orally. B. 9.2. A Change Order, in the form attached as Exhibit D to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor Design- Build Firm and the County concerning the requested changes. Contractor Design-Build Firm shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor Design- Build Firm shall mutually agree. C. 9.3. If the County and Contractor Design-Build Firm are unable to agree on a F ie ld Directive Change Order for the requested change, Contractor Design-Build Firm shall, nevertheless, promptly perform the change as directed by the County in a written Work Field Directive ChangeChange Order. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor Design-Build Firm disagrees with the County's adjustment determination, Contractor Design-Build Firm must make a claim pursuant to Section 18 10 of this Agreement these General Terms and Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 9.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the ContractorDesign Build Firm's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance Allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items involved. 9.4.1. In the event such change changed Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor Design-Build Firm for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor Design-Build Firm and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The 9.5. County shall have the right to conduct an audit of ContractorDesign-Build Firm's books and records to verify the accuracy of the ContractorDesign-Build Firm's claim with respect to ContractorDesign-Build Firm's costs associated with any Change Order. F. 9.6. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field D i r e c t i v e C h a n g e Order or by other written order. Such changes shall be binding on the ContractorDesign- Build Firm.

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

Changes in the Work. A. The County 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyOwner, and the County Owner shall not be liable to the Contractor for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County Owner is authorized to direct any extra or changed work orally. B. 10.2. A Change Order, in the form attached as Exhibit F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and the County Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County Owner and Contractor shall mutually agree. C. 10.3. If the County Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the CountyOwner. If Contractor disagrees with the CountyOwner's adjustment determination, Contractor must make a claim pursuant to Section 18 11 of this Agreement these General Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-sub- subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. E. The County 10.5. Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. 10.6. The County Design Professional shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

Changes in the Work. A. The 9.1. County shall have the right right, at any time during the progress of the Work Work, to increase or decrease the Work. Promptly after being notified of a change, Contractor Design-Build Firm shall submit an itemized estimate quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyCounty as set forth in this Section, and the County shall not be liable to the Contractor Design-Build Firm for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work Work orally. B. 9.2. A Change Order, in the form attached as Exhibit F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor Design- Build Firm and the County concerning the requested changes. Contractor Design-Build Firm shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor Design- Build Firm shall mutually agree. C. 9.3. If the County and Contractor Design-Build Firm are unable to agree on a F ie ld Directive Change Order for the requested change, Contractor Design-Build Firm shall, nevertheless, promptly perform the change as directed by the County in a written Work Field Directive ChangeChange Order. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor Design-Build Firm disagrees with the County's adjustment determination, Contractor Design-Build Firm must make a claim pursuant to Section 18 10 of this Agreement these General Terms and Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 9.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the ContractorDesign Build Firm's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance Allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items involved. 9.4.1. In the event such change changed Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor Design-Build Firm for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor Design-Build Firm and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The 9.5. County shall have the right to conduct an audit of ContractorDesign-Build Firm's books and records to verify the accuracy of the ContractorDesign-Build Firm's claim with respect to ContractorDesign-Build Firm's costs associated with any Change Order. F. 9.6. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field D i r e c t i v e C h a n g e Order or by other written order. Such changes shall be binding on the ContractorDesign- Build Firm.

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

Changes in the Work. A. The 9.1. County shall have the right right, at any time during the progress of the Work Work, to increase or decrease the Work. Promptly after being notified of a change, Contractor Design-Build Firm shall submit an itemized estimate quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyCounty as set forth in this Section, and the County shall not be liable to the Contractor Design-Build Firm for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work Work orally. B. 9.2. A Change Order, in the form attached as Exhibit F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor Design- Build Firm and the County concerning the requested changes. Contractor Design-Build Firm shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor Design- Build Firm shall mutually agree. C. 9.3. If the County and Contractor Design-Build Firm are unable to agree on a Field Directive Change Order for the requested change, Contractor Design-Build Firm shall, nevertheless, promptly perform the change as directed by the County in a written Work Field Directive ChangeChange Order. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor Design-Build Firm disagrees with the County's adjustment determination, Contractor Design-Build Firm must make a claim pursuant to Section 18 10 of this Agreement these General Terms and Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 9.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the ContractorDesign Build Firm's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance Allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items involved. 9.4.1. In the event such change changed Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor Design-Build Firm for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor Design-Build Firm and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The 9.5. County shall have the right to conduct an audit of ContractorDesign-Build Firm's books and records to verify the accuracy of the ContractorDesign-Build Firm's claim with respect to ContractorDesign-Build Firm's costs associated with any Change Order. F. 9.6. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field D i r e c t i v e C h a n g e Order or by other written order. Such changes shall be binding on the ContractorDesign- Build Firm.

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

Changes in the Work. A. The County 9.1. FWC shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyFWC, and the County FWC shall not be liable to the Contractor for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County FWC is authorized to direct any extra or changed work orally. B. 9.2. A Change Order, in the form attached as Attachment F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and the County FWC concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County FWC and Contractor shall mutually agree. C. 9.3. If the County FWC and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County FWC in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the CountyFWC. If Contractor disagrees with the CountyFWC's adjustment determination, Contractor must make a claim pursuant to Section 18 of this Agreement these General Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 9.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The County 9.5. FWC shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. 9.6. The County FWC shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected affected by Field Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 2 contracts

Samples: Construction Contract, Contract

Changes in the Work. A. The 9.1. County shall have the right right, at any time during the progress of the Work Work, to increase or decrease the Work. Promptly after being notified of a change, Contractor Design-Build Firm shall submit an itemized estimate quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyCounty as set forth in this Section, and the County shall not be liable to the Contractor Design-Build Firm for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work Work orally. B. 9.2. A Change Order, in the form attached as Exhibit D to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor Design- Build Firm and the County concerning the requested changes. Contractor Design-Build Firm shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor Design- Build Firm shall mutually agree. C. 9.3. If the County and Contractor Design-Build Firm are unable to agree on a Field Directive Change Order for the requested change, Contractor Design-Build Firm shall, nevertheless, promptly perform the change as directed by the County in a written Work Field Directive ChangeChange Order. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor Design-Build Firm disagrees with the County's adjustment determination, Contractor Design-Build Firm must make a claim pursuant to Section 18 10 of this Agreement these General Terms and Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 9.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the ContractorDesign Build Firm's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance Allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items involved. 9.4.1. In the event such change changed Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor Design-Build Firm for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor Design-Build Firm and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The 9.5. County shall have the right to conduct an audit of ContractorDesign-Build Firm's books and records to verify the accuracy of the ContractorDesign-Build Firm's claim with respect to ContractorDesign-Build Firm's costs associated with any Change Order. F. 9.6. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field D i r e c t i v e C h a n g e Order or by other written order. Such changes shall be binding on the ContractorDesign- Build Firm.

Appears in 2 contracts

Samples: Design Build Agreement, Design Build Agreement

Changes in the Work. A. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work orally. B. A Change Order, in the form attached to this Agreement, Exhibit H, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor shall mutually agree. C. If the County and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor disagrees with the County's adjustment determination, Contractor must make a claim pursuant to Section 18 16 of this Agreement or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items involved. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The County shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. The County Design Professional shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected affected by Field Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

Changes in the Work. A. The 9.1. County shall have the right right, at any time during the progress of the Work Work, to increase or decrease the Work. Promptly after being notified of a change, Contractor Design-Build Firm shall submit an itemized estimate quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyCounty as set forth in this Section, and the County shall not be liable to the Contractor Design-Build Firm for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work Work orally. B. 9.2. A Change Order, in the form attached as Exhibit D to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor Design- Build Firm and the County concerning the requested changes. Contractor Design-Build Firm shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor Design- Build Firm shall mutually agree. C. 9.3. If the County and Contractor Design-Build Firm are unable to agree on a Field Directive Change Order for the requested change, Contractor Design-Build Firm shall, nevertheless, promptly perform the change as directed by the County in a written Work Field Directive ChangeChange Order. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor Design-Build Firm disagrees with the County's adjustment determination, Contractor Design-Build Firm must make a claim pursuant to Section 18 10 of this Agreement these General Terms and Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 9.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the ContractorDesign Build Firm's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance Allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items involved. 9.4.1. In the event such change changed Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor Design-Build Firm for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor Design-Build Firm and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The 9.5. County shall have the right to conduct an audit of ContractorDesign-Build Firm's books and records to verify the accuracy of the ContractorDesign-Build Firm's claim with respect to ContractorDesign-Build Firm's costs associated with any Change Order. F. 9.6. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field Dir e c t iv x X xxxxx Order or by other written order. Such changes shall be binding on the ContractorDesign- Build Firm.

Appears in 1 contract

Samples: Design Build Agreement

Changes in the Work. A. The 10.1. County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or and/or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work orally. B. 10.2. A Construction Change Order, in the form attached as Exhibit F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor shall mutually agree. C. 10.3. If the County and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor disagrees with the County's adjustment determination, Contractor must make a claim pursuant to Section 18 11 of this Agreement these General Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-sub- subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The 10.5. County shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. 10.6. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected affected by Field Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 1 contract

Samples: Construction Contract

Changes in the Work. A. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work orally. B. A Change Order, in the form attached to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor shall mutually agree. C. If the County and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor disagrees with the County's ’s adjustment determination, Contractor must make a claim pursuant to Section 18 of this Agreement or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The County shall have the right to conduct an audit of Contractor's ’s books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. The County Engineer shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the CountyEngineer, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 1 contract

Samples: Construction Agreement

Changes in the Work. A. The 9.1. County shall have the right right, at any time during the progress of the Work Work, to increase or decrease the Work. Promptly after being notified of a change, Contractor Design-Build Firm shall submit an itemized estimate quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyCounty as set forth in this Section, and the County shall not be liable to the Contractor Design-Build Firm for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work Work orally. B. 9.2. A Change Order, in the form attached as Exhibit F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor Design- Build Firm and the County concerning the requested changes. Contractor Design-Build Firm shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor Design- Build Firm shall mutually agree. C. 9.3. If the County and Contractor Design-Build Firm are unable to agree on a Field Directive Change Order for the requested change, Contractor Design-Build Firm shall, nevertheless, promptly perform the change as directed by the County in a written Work Field Directive ChangeChange Order. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor Design-Build Firm disagrees with the County's adjustment determination, Contractor Design-Build Firm must make a claim pursuant to Section 18 10 of this Agreement these General Terms and Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 9.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the ContractorDesign Build Firm's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance Allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items involved. 9.4.1. In the event such change changed Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor Design-Build Firm for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor Design-Build Firm and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The 9.5. County shall have the right to conduct an audit of ContractorDesign-Build Firm's books and records to verify the accuracy of the ContractorDesign-Build Firm's claim with respect to ContractorDesign-Build Firm's costs associated with any Change Order. F. 9.6. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field Dir e c t iv x X xxxxx Order or by other written order. Such changes shall be binding on the ContractorDesign- Build Firm.

Appears in 1 contract

Samples: Design Build Agreement

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Changes in the Work. A. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the County, and the County shall Countyshall not be liable to the Contractor for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work orally. B. A Change Order, in the form attached to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning Countyconcerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor shall mutually agree. C. If the County and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor disagrees with the County's adjustment determination, Contractor must make a claim pursuant to Section 18 15 of this Agreement or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The County shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. The County Design Professional shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 1 contract

Samples: Construction Agreement

Changes in the Work. A. The County 9.1. FWC shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyFWC, and the County FWC shall not be liable to the Contractor for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County FWC is authorized to direct any extra or changed work orally. B. 9.2. A Change Order, in the form attached as Attachment F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and the County FWC concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County FWC and Contractor shall mutually agree. C. 9.3. If the County FWC and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County FWC in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the CountyFWC. If Contractor disagrees with the CountyFWC's adjustment determination, Contractor must make a claim pursuant to Section 18 of this Agreement these General Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 9.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The County 9.5. FWC shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. 9.6. The County FWC shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected affected by Field Change Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 1 contract

Samples: Contract

Changes in the Work. A. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work orally. B. A Change Order, in the form attached to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor shall mutually agree. C. If the County and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor disagrees with the County's adjustment determination, Contractor must make a claim pursuant to Section 18 16 of this Agreement or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The County shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. The County Design Professional shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 1 contract

Samples: Construction Agreement

Changes in the Work. A. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. Noofficer, employee or agent of the County is authorized to direct any extra or changed work orally. B. A Change Order, in the form attached to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor shall mutually agree. C. If the County and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor disagrees with the County's adjustment determination, Contractor must make a claim pursuant to Section 18 of this Agreement or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The County shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. The County Engineer shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the CountyEngineer, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 1 contract

Samples: Construction Agreement

Changes in the Work. A. The 9.1. County shall have the right right, at any time during the progress of the Work Work, to increase or decrease the Work. Promptly after being notified of a change, Contractor Design-Build Firm shall submit an itemized estimate quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyCounty as set forth in this Section, and the County shall not be liable to the Contractor Design-Build Firm for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work Work orally. B. 9.2. A Change Order, in the form attached as Exhibit F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor Design- Build Firm and the County concerning the requested changes. Contractor Design-Build Firm shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor Design- Build Firm shall mutually agree. C. 9.3. If the County and Contractor Design-Build Firm are unable to agree on a F ield Directive Change Order for the requested change, Contractor Design-Build Firm shall, nevertheless, promptly perform the change as directed by the County in a written Work Field Directive ChangeChange Order. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor Design-Build Firm disagrees with the County's adjustment determination, Contractor Design-Build Firm must make a claim pursuant to Section 18 10 of this Agreement these General Terms and Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 9.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the ContractorDesign Build Firm's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance Allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items involved. 9.4.1. In the event such change changed Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor Design-Build Firm for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor Design-Build Firm and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The 9.5. County shall have the right to conduct an audit of ContractorDesign-Build Firm's books and records to verify the accuracy of the ContractorDesign-Build Firm's claim with respect to ContractorDesign-Build Firm's costs associated with any Change Order. F. 9.6. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field D i r ec t i v e C xx xx e Order or by other written order. Such changes shall be binding on the ContractorDesign- Build Firm.

Appears in 1 contract

Samples: Design Build Agreement

Changes in the Work. A. The 9.1. County shall have the right right, at any time during the progress of the Work Work, to increase or decrease the Work. Promptly after being notified of a change, Contractor Design-Build Firm shall submit an itemized estimate quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyCounty as set forth in this Section, and the County shall not be liable to the Contractor Design-Build Firm for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work Work orally. B. 9.2. A Change Order, in the form attached as Exhibit F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor Design- Build Firm and the County concerning the requested changes. Contractor Design-Build Firm shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor Design- Build Firm shall mutually agree. C. 9.3. If the County and Contractor Design-Build Firm are unable to agree on a Field Directive Change Order for the requested change, Contractor Design-Build Firm shall, nevertheless, promptly perform the change as directed by the County in a written Work Field Directive ChangeChange Order. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor Design-Build Firm disagrees with the County's adjustment determination, Contractor Design-Build Firm must make a claim pursuant to Section 18 10 of this Agreement these General Terms and Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 9.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the ContractorDesign Build Firm's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance Allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items involved. 9.4.1. In the event such change changed Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor Design-Build Firm for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor Design-Build Firm and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The 9.5. County shall have the right to conduct an audit of ContractorDesign-Build Firm's books and records to verify the accuracy of the ContractorDesign-Build Firm's claim with respect to ContractorDesign-Build Firm's costs associated with any Change Order. F. 9.6. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field D i r e c t i v e Change Order or by other written order. Such changes shall be binding on the ContractorDesign- Build Firm.

Appears in 1 contract

Samples: Design Build Agreement

Changes in the Work. A. The County 9.1. FWC shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyFWC, and the County FWC shall not be liable to the Contractor for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County FWC is authorized to direct any extra or changed work orally. B. 9.2. A Change Order, in the form attached to this Agreement, Order shall be issued and executed promptly after an agreement is reached between Contractor and the County FWC concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County FWC and Contractor shall mutually agree. C. 9.3. If the County FWC and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County FWC in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the CountyFWC. If Contractor disagrees with the CountyFWC's adjustment determination, Contractor must make a claim pursuant to Section 18 of this Agreement these General Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 9.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The County 9.5. FWC shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. 9.6. The County FWC shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected affected by Field Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 1 contract

Samples: Buoy Maintenance Agreement

Changes in the Work. A. The 9.1. County shall have the right right, at any time during the progress of the Work Work, to increase or decrease the Work. Promptly after being notified of a change, Contractor Design-Build Firm shall submit an itemized estimate quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the CountyCounty as set forth in this Section, and the County shall not be liable to the Contractor Design-Build Firm for any increased compensation without such written order. NoofficerNo officer, employee or agent of the County is authorized to direct any extra or changed work Work orally. B. 9.2. A Change Order, in the form attached as Exhibit F to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor Design- Build Firm and the County concerning the requested changes. Contractor Design-Build Firm shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor Design- Build Firm shall mutually agree. C. 9.3. If the County and Contractor Design-Build Firm are unable to agree on a Field Directive Change Order for the requested change, Contractor Design-Build Firm shall, nevertheless, promptly perform the change as directed by the County in a written Work Field Directive ChangeChange Order. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor Design-Build Firm disagrees with the County's adjustment determination, Contractor Design-Build Firm must make a claim pursuant to Section 18 10 of this Agreement these General Terms and Conditions or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. 9.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the ContractorDesign Build Firm's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance Allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. However, where the Work involved is covered by unit prices contained in the Contract Documents or subsequently agreed upon, those unit prices shall be applied to the quantities of the items involved. 9.4.1. In the event such change changed Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor Design-Build Firm for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor Design-Build Firm and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The 9.5. County shall have the right to conduct an audit of ContractorDesign-Build Firm's books and records to verify the accuracy of the ContractorDesign-Build Firm's claim with respect to ContractorDesign-Build Firm's costs associated with any Change Order. F. 9.6. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field D i r ec t i v e C hange Order or by other written order. Such changes shall be binding on the ContractorDesign- Build Firm.

Appears in 1 contract

Samples: Design Build Agreement

Changes in the Work. A. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of the County, and the County shall not be liable to the Contractor for any increased compensation without such written order. Noofficer, employee or agent of the County is authorized to direct any extra or changed work orally. B. A Change Order, in the form attached to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and the County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as the County and Contractor shall mutually agree. C. If the County and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by the County in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by the County. If Contractor disagrees with the County's adjustment determination, Contractor must make a claim pursuant to Section 18 of this Agreement or else be deemed to have waived any claim on this matter it might otherwise havehadhave had. D. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. E. The County shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. F. The County shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time exceeding his/her authority and not inconsistent with the intent of the Contract Documents. Minor changes approved by the County, whether changes to Work and or Contract Time, cumulatively may not exceed ten percent (10%) of the Work and or Original Contract Time. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor.

Appears in 1 contract

Samples: Construction Agreement

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