Common use of Department-Initiated Changes Clause in Contracts

Department-Initiated Changes. 1. If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder a written Change Directive, either directing the Design-Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. Within ten (10) days of receiving a Change Directive, the Design-Builder shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.11. 3. If the Department has not yet directed the Design-Builder to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder to proceed, the Design-Builder shall immediately proceed with the changed Work and, the Department and the Design-Builder shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder shall also execute it, at which point it will become binding on both Parties. 4. If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-Builder’s detailed statement pursuant to Section 18.3.2, and such other documentation as the Department may request, the Design-Builder may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder such adjustments, if any, to the Substantial or Final Completion Dates, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Fee as the Department has judged to be appropriate.

Appears in 3 contracts

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

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Department-Initiated Changes. 1. Section 8.3.1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder Contractor a written Change Directive, either directing the Design-Builder Contractor to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder Contractor believes that Substantial or Final Completion Dates Date and/or the Guaranteed Maximum Lump Sum Price should be adjusted to take the Change Order or Change Directive into account. 2. Section 8.3.2 Within ten (10) days of receiving a Change Directive, the Design-Builder Contractor shall provide the Department with a written statement of all changes in the AgreementContract, including, without limitation, any changes to the Substantial or Final Completion Dates Date or the Guaranteed Maximum Lump Sum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Lump Sum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder Contractor shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Lump Sum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder Contractor is not entitled to any markup on any kind of change orders. All deductive Change Orders except as authorized shall include a corresponding reduction in Section 18.8, the overhead and if so authorized, any mark-up shall be in accordance with Section 18.11profit shown on the Schedule of Values. 3. Section 8.3.3 If the Department has not yet directed the Design-Builder Contractor to proceed with the change Change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder Contractor to proceed, the Design-Builder Contractor shall immediately proceed with the changed Work and, the Department and the Design-Builder Contractor shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion DatesDate, and/or the Guaranteed Maximum Lump Sum Price that are justified by the Change Directive. If the Department and the Design-Builder they reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder Contractor shall also execute it, at which point it will become binding on both Partiesparties. 4. Section 8.3.4 If the parties Parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderContractor’s detailed statement pursuant to Section 18.3.28.3.2, and such other documentation as the Department may request, the Design-Builder Contractor may assert a claim in accordance with the this Agreement. In such a case, and subject to adjustment via the claims and disputes processprocess under this Agreement, the Department shall unilaterally grant the Design-Builder Contractor such adjustments, if any, to the Substantial or Final Completion DatesDate, and the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Fee Lump Sum Price as the Department has judged to be appropriate.

Appears in 3 contracts

Samples: Construction Agreement, Construction Agreement, Construction Agreement

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder Construction Manager a written Change Directive, either directing the Design-Builder Construction Manager to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder Construction Manager believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder Construction Manager shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder Construction Manager shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.11.the 3. .3 If the Department has not yet directed the Design-Builder Construction Manager to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder Construction Manager to proceed, the Design-Builder Construction Manager shall immediately proceed with the changed Work and, the Department and the Design-Builder Construction Manager shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder Construction Manager reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder Construction Manager shall also execute it, at which point it will become binding on both Parties. 4. .4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderConstruction Manager’s detailed statement pursuant to Section 18.3.217.3.2, and such other documentation as the Department may request, the Design-Builder Construction Manager may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder Construction Manager such adjustments, if any, to the Substantial or Final Completion Dates, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Construction Management Fee as the Department has judged to be appropriate.

Appears in 2 contracts

Samples: Construction Management at Risk Agreement, Construction Management at Risk Agreement

Department-Initiated Changes. (1. ) If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder Construction Manager a written Change Directive, either directing the Design-Builder Construction Manager to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder Construction Manager believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. (2. ) Within ten (10) calendar days of receiving a Change Directive, the Design-Builder Construction Manager shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder Construction Manager shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder Construction Manager is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.817.8, and if so authorized, any markxxxx-up shall be in accordance with Section 18.1117.11. (3. ) If the Department has not yet directed the Design-Builder Construction Manager to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder Construction Manager to proceed, the Design-Builder Construction Manager shall immediately proceed with the changed Work and, the Department and the Design-Builder Construction Manager shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder Construction Manager reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder Construction Manager shall also execute it, at which point it will become binding on both Parties. (4. ) If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderConstruction Manager’s detailed statement pursuant to Section 18.3.217.3.2, and such other documentation as the Department may request, the Design-Builder Construction Manager may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder Construction Manager such adjustments, if any, to the Substantial or Final Completion Dates, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Construction Management Fee as the Department has judged to be appropriate.

Appears in 2 contracts

Samples: Construction Management at Risk Agreement, Construction Management at Risk Agreement

Department-Initiated Changes. 1. If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder A/E a written Change Directive, either directing the Design-Builder A/E to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder A/E believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price Design Fee should be adjusted to take the Change Order or Change Directive into account. 2. Within ten (10) days of receiving a Change Directive, the Design-Builder A/E shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price Design Fee to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price Design Fee is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder A/E shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.11. 3. If the Department has not yet directed the Design-Builder A/E to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder A/E to proceed, the Design-Builder A/E shall immediately proceed with the changed Work and, the Department and the Design-Builder A/E shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price Design Fee that are justified by the Change Directive. If the Department and the Design-Builder A/E reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder A/E shall also execute it, at which point it will become binding on both Parties. 4. If the parties Parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderA/E’s detailed statement pursuant to Section 18.3.2cost statement, and such other documentation as the Department may request, the Design-Builder A/E may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder A/E such adjustments, if any, to the Substantial or Final Completion Dates, or the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Design Fee as the Department has judged to be appropriate.

Appears in 2 contracts

Samples: Architectural/Engineering Services Agreement, Architectural/Engineering Services Agreement

Department-Initiated Changes. 1. If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder A/E a written Change Directive, either directing the Design-Builder A/E to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder A/E believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price Design Fee should be adjusted to take the Change Order or Change Directive into account. 2. Within ten (10) days of receiving a Change Directive, the Design-Builder A/E shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price Design Fee to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price Design Fee is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder A/E shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.11. 3. If the Department has not yet directed the Design-Builder A/E to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder A/E to proceed, the Design-Builder A/E shall immediately proceed with the changed Work and, the Department and the Design-Builder A/E shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price Design Fee that are justified by the Change Directive. If the Department and the Design-Builder A/E reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder A/E shall also execute it, at which point it will become binding on both Parties., 4. If the parties Parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderA/E’s detailed statement pursuant to Section 18.3.2cost statement, and such other documentation as the Department may request, the Design-Builder A/E may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder A/E such adjustments, if any, to the Substantial or Final Completion Dates, or the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Design Fee as the Department has judged to be appropriate.

Appears in 2 contracts

Samples: Architectural/Engineering Services Agreement, Agreement for Architectural/Engineering Services

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder Contractor a written Change Directive, either directing the Design-Builder Contractor to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder Contractor believes that Substantial or Final Completion Dates Date and/or the Guaranteed Maximum Lump Sum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder Contractor shall provide the Department with a written statement of all changes in the AgreementContract, including, without limitation, any changes to the Substantial or Final Completion Dates Date or the Guaranteed Maximum Lump Sum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Lump Sum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder Contractor shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Lump Sum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder Contractor is not entitled to any markup on any kind of change orders. All deductive Change Orders except as authorized shall include a corresponding reduction in Section 18.8, the overhead and if so authorized, any mark-up shall be in accordance with Section 18.11profit shown on the Schedule of Values. 3. .3 If the Department has not yet directed the Design-Builder Contractor to proceed with the change Change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder Contractor to proceed, the Design-Builder Contractor shall immediately proceed with the changed Work and, the Department and the Design-Builder Contractor shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion DatesDate, and/or the Guaranteed Maximum Lump Sum Price that are justified by the Change Directive. If the Department and the Design-Builder they reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder Contractor shall also execute it, at which point it will become binding on both Partiesparties. 4. .4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderContractor’s detailed statement pursuant to Section 18.3.2Subparagraph 8.3.2, and such other documentation as the Department may request, the Design-Builder Contractor may assert a claim in accordance with the this Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder Contractor such adjustments, if any, to the Substantial or Final Completion DatesDate, and the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Fee Lump Sum Price as the Department has judged to be appropriate.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

Department-Initiated Changes. 1. Section 8.3.1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder Contractor a written Change Directive, either directing the Design-Builder Contractor to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder Contractor believes that Substantial or Final Completion Dates Date and/or the Guaranteed Maximum Lump Sum Price should be adjusted to take the Change Order or Change Directive into account. 2. Section 8.3.2 Within ten (10) days of receiving a Change Directive, the Design-Builder Contractor shall provide the Department with a written statement of all changes in the AgreementContract, including, without limitation, any changes to the Substantial or Final Completion Dates Date or the Guaranteed Maximum Lump Sum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Lump Sum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder Contractor shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.11. 3. Section 8.3.3 If the Department has not yet directed the Design-Builder Contractor to proceed with the change Change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder Contractor to proceed, the Design-Builder Contractor shall immediately proceed with the changed Work and, the Department and the Design-Builder Contractor shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion DatesDate, and/or the Guaranteed Maximum Lump Sum Price that are justified by the Change Directive. If the Department and the Design-Builder they reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder Contractor shall also execute it, at which point it will become binding on both Partiesparties. 4. Section 8.3.4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderContractor’s detailed statement pursuant to Section 18.3.2Subparagraph 8.3.2, and such other documentation as the Department may request, the Design-Builder Contractor may assert a claim in accordance with the this Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder Contractor such adjustments, if any, to the Substantial or Final Completion DatesDate, and the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Fee Lump Sum Price as the Department has judged to be appropriate.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder a written Change Directive, either directing the Design-Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any markxxxx-up shall be in accordance with Section 18.11. 3. .3 If the Department has not yet directed the Design-Builder to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder to proceed, the Design-Builder shall immediately proceed with the changed Work and, the Department and the Design-Builder shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder shall also execute it, at which point it will become binding on both Parties. 4. If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-Builder’s detailed statement pursuant to Section 18.3.2, and such other documentation as the Department may request, the Design-Builder may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder such adjustments, if any, to the Substantial or Final Completion Dates, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Fee as the Department has judged to be appropriate.the

Appears in 1 contract

Samples: Design Build Agreement

Department-Initiated Changes. 1. If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder a written Change Directive, either directing the Design-Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. Within ten (10) days of receiving a Change Directive, the Design-Builder shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.118.6. 3. If the Department has not yet directed the Design-Builder to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder to proceed, the Design-Builder shall immediately proceed with the changed Work and, the Department and the Design-Builder shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder shall also execute it, at which point it will become binding on both Parties. 4. If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-Builder’s detailed statement pursuant to Section 18.3.2, and such other documentation as the Department may request, the Design-Builder may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder such adjustments, if any, to the Substantial or Final Completion Dates, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Fee as the Department has judged to be appropriate.and

Appears in 1 contract

Samples: Design Build Agreement

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder a written Change Directive, either directing the Design-Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder believes that Substantial or Final Completion Dates Date and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder shall provide the Department with a written statement of all changes in the AgreementContract, including, without limitation, any changes to the Substantial or Final Completion Dates Date or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders change orders except as authorized in Section 18.87.4.8, and if so authorized, any mark-up shall be in accordance with Section 18.117.4.11. 3. .3 If the Department has not yet directed the Design-Builder to proceed with the change Change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder to proceed, the Design-Builder shall immediately proceed with the changed Work and, the Department and the Design-Builder shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion DatesDate, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder shall also execute it, at which point it will become binding on both Partiesparties. 4. .4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-Builder’s detailed statement pursuant to Section 18.3.2Subparagraph 7.4.3.2, and such other documentation as the Department may request, the Design-Builder may assert a claim in accordance with the this Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder such adjustments, if any, to the Substantial or Final Completion DatesDate, the Guaranteed Maximum Price, and/or the Preconstruction Design Fee or Design-Build Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Design Build Agreement

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder a written Change Directive, either directing the Design-Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder believes that Substantial or Final Completion Dates Date and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder shall provide the Department with a written statement of all changes in the AgreementContract, including, without limitation, any changes to the Substantial or Final Completion Dates Date or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.11.the 3. .3 If the Department has not yet directed the Design-Builder to proceed with the change Change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder to proceed, the Design-Builder shall immediately proceed with the changed Work and, the Department and the Design-Builder shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion DatesDate, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder shall also execute it, at which point it will become binding on both Partiesparties. 4. .4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-Builder’s detailed statement pursuant to Section 18.3.2Subparagraph 7.4.3.2, and such other documentation as the Department may request, the Design-Builder may assert a claim in accordance with the this Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder such adjustments, if any, to the Substantial or Final Completion DatesDate, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Design Build Agreement

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder Contractor a written Change Directive, either directing the Design-Builder Contractor to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder Contractor believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder Contractor shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder Contractor shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder Contractor is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.817.8, and if so authorized, any markxxxx-up shall be in accordance with Section 18.1117.11. 3. .3 If the Department has not yet directed the Design-Builder Contractor to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder Contractor to proceed, the Design-Builder Contractor shall immediately proceed with the changed Work and, the Department and the Design-Builder Contractor shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder Contractor reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder Contractor shall also execute it, at which point it will become binding on both Parties. 4. .4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderContractor’s detailed statement pursuant to Section 18.3.217.3.2, and such other documentation as the Department may request, the Design-Builder Contractor may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder Contractor such adjustments, if any, to the Substantial or Final Completion Dates, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Construction Management Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Construction Management at Risk Agreement

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder Contractor a written Change Directive, either directing the Design-Builder Contractor to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder Contractor believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder Contractor shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder Contractor shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder Contractor is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.11.Orders 3. .3 If the Department has not yet directed the Design-Builder Contractor to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder Contractor to proceed, the Design-Builder Contractor shall immediately proceed with the changed Work and, the Department and the Design-Builder Contractor shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder Contractor reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder Contractor shall also execute it, at which point it will become binding on both Parties. 4. .4 If the parties Parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderContractor’s detailed statement pursuant to Section 18.3.217.3.2, and such other documentation as the Department may request, the Design-Builder Contractor may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder Contractor such adjustments, if any, to the Substantial or Final Completion Dates, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Construction Management Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Construction Management at Risk Services

Department-Initiated Changes. 1. If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder Contractor a written Change Directive, either directing the Design-Builder Contractor to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder Contractor believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price GMP should be adjusted to take the Change Order or Change Directive into account. 2. Within ten (10) days of receiving a Change Directive, the Design-Builder Contractor shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder Contractor shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder Contractor is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.817.8, and if so authorized, any mark-up shall be in accordance with Section 18.1117.11. 3. If the Department has not yet directed the Design-Builder Contractor to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder Contractor to proceed, the Design-Builder Contractor shall immediately proceed with the changed Work and, the Department and the Design-Builder Contractor shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder Contractor reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder Contractor shall also execute it, at which point it will become binding on both Parties. 4. If the parties Parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderContractor’s detailed statement pursuant to Section 18.3.217.3.2, and such other documentation as the Department may request, the Design-Builder Contractor may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder Contractor such adjustments, if any, to the Substantial or Final Completion Dates, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Construction Management Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Construction Management Agreement

Department-Initiated Changes. 1. If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder a written Change Directive, either directing the Design-Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. Within ten (10) days of receiving a Change Directive, the Design-Builder shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any markxxxx-up shall be in accordance with Section 18.11. 3. If the Department has not yet directed the Design-Builder to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder to proceed, the Design-Builder shall immediately proceed with the changed Work and, the Department and the Design-Builder shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder shall also execute it, at which point it will become binding on both Parties. 4. If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-Builder’s detailed statement pursuant to Section 18.3.2, and such other documentation as the Department may request, the Design-Builder may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder such adjustments, if any, to the Substantial or Final Completion Dates, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Design Build Agreement

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder Contractor a written Change Directive, either directing the Design-Builder Contractor to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder Contractor believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder Contractor shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder Contractor shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder Contractor is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.817.8, and if so authorized, any mark-up shall be in accordance with Section 18.1117.11. 3. .3 If the Department has not yet directed the Design-Builder Contractor to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder Contractor to proceed, the Design-Builder Contractor shall immediately proceed with the changed Work and, the Department and the Design-Builder Contractor shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder Contractor reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder Contractor shall also execute it, at which point it will become binding on both Parties. 4. .4 If the parties Parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderContractor’s detailed statement pursuant to Section 18.3.217.3.2, and such other documentation as the Department may request, the Design-Builder Contractor may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder Contractor such adjustments, if any, to the Substantial or Final Completion Dates, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Construction Management Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Construction Management at Risk Services Agreement

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Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder a written Change Directive, either directing the Design-Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder believes that Substantial or Final Completion Dates Date and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder shall provide the Department with a written statement of all changes in the AgreementContract, including, without limitation, any changes to the Substantial or Final Completion Dates Date or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.11., 3. .3 If the Department has not yet directed the Design-Builder to proceed with the change Change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder to proceed, the Design-Builder shall immediately proceed with the changed Work and, the Department and the Design-Builder shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion DatesDate, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder shall also execute it, at which point it will become binding on both Partiesparties. 4. .4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-Builder’s detailed statement pursuant to Section 18.3.2Subparagraph 7.4.3.2, and such other documentation as the Department may request, the Design-Builder may assert a claim in accordance with the this Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder such adjustments, if any, to the Substantial or Final Completion DatesDate, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Design Build Agreement

Department-Initiated Changes. 1. If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder a written Change Directive, either directing the Design-Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account.it 2. Within ten (10) days of receiving a Change Directive, the Design-Builder A/E shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price Design Fee to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price Design Fee is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder A/E shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.11. 3. If the Department has not yet directed the Design-Builder A/E to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder A/E to proceed, the Design-Builder A/E shall immediately proceed with the changed Work and, the Department and the Design-Builder A/E shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price Design Fee that are justified by the Change Directive. If the Department and the Design-Builder A/E reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder A/E shall also execute it, at which point it will become binding on both Parties. 4. If the parties Parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderA/E’s detailed statement pursuant to Section 18.3.2cost statement, and such other documentation as the Department may request, the Design-Builder A/E may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder A/E such adjustments, if any, to the Substantial or Final Completion Dates, or the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Design Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Architectural/Engineering Services Agreement

Department-Initiated Changes. 1. If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder Contractor a written Change Directive, either directing the Design-Builder Contractor to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder Contractor believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. Within ten (10) days of receiving a Change Directive, the Design-Builder Contractor shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder Contractor shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder Contractor is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.817.8, and if so authorized, any mark-up shall be in accordance with Section 18.1117.11. 3. If the Department has not yet directed the Design-Builder Contractor to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder Contractor to proceed, the Design-Builder Contractor shall immediately proceed with the changed Work and, the Department and the Design-Builder Contractor shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder Contractor reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder Contractor shall also execute it, at which point it will become binding on both Parties. 4. If the parties Parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderContractor’s detailed statement pursuant to Section 18.3.217.3.2, and such other documentation as the Department may request, the Design-Builder Contractor may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder Contractor such adjustments, if any, to the Substantial or Final Completion Dates, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Construction Management Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Construction Management Agreement

Department-Initiated Changes. 1. Section 8.3.1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder Contractor a written Change Directive, either directing the Design-Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account.directing 2. Section 8.3.2 Within ten (10) days of receiving a Change Directive, the Design-Builder Contractor shall provide the Department with a written statement of all changes in the AgreementContract, including, without limitation, any changes to the Substantial or Final Completion Dates Date or the Guaranteed Maximum Lump Sum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Lump Sum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder Contractor shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Lump Sum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder Contractor is not entitled to any markup on any kind of change orders. All deductive Change Orders except as authorized shall include a corresponding reduction in Section 18.8, the overhead and if so authorized, any mark-up shall be in accordance with Section 18.11profit shown on the Schedule of Values. 3. Section 8.3.3 If the Department has not yet directed the Design-Builder Contractor to proceed with the change Change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder Contractor to proceed, the Design-Builder Contractor shall immediately proceed with the changed Work and, the Department and the Design-Builder Contractor shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion DatesDate, and/or the Guaranteed Maximum Lump Sum Price that are justified by the Change Directive. If the Department and the Design-Builder they reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder Contractor shall also execute it, at which point it will become binding on both Partiesparties. 4. Section 8.3.4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderContractor’s detailed statement pursuant to Section 18.3.2Subparagraph 8.3.2, and such other documentation as the Department may request, the Design-Builder Contractor may assert a claim in accordance with the this Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder Contractor such adjustments, if any, to the Substantial or Final Completion DatesDate, and the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Fee Lump Sum Price as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Construction Agreement

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder Construction Manager a written Change Directive, either directing the Design-Builder Construction Manager to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder Construction Manager believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder Construction Manager shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder Construction Manager shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder Construction Manager is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.11.of 3. .3 If the Department has not yet directed the Design-Builder Construction Manager to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder Construction Manager to proceed, the Design-Builder Construction Manager shall immediately proceed with the changed Work and, the Department and the Design-Builder Construction Manager shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder Construction Manager reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder Construction Manager shall also execute it, at which point it will become binding on both Parties. 4. .4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderConstruction Manager’s detailed statement pursuant to Section 18.3.217.3.2, and such other documentation as the Department may request, the Design-Builder Construction Manager may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder Construction Manager such adjustments, if any, to the Substantial or Final Completion Dates, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Construction Management Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Construction Management at Risk Agreement

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder a written Change Directive, either directing the Design-Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder believes that Substantial or Final Completion Dates Date and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder shall provide the Department with a written statement of all changes in the AgreementContract, including, without limitation, any changes to the Substantial or Final Completion Dates Date or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders change orders except as authorized in Section 18.87.4.8, and if so authorized, any markxxxx-up shall be in accordance with Section 18.117.4.11. 3. .3 If the Department has not yet directed the Design-Builder to proceed with the change Change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder to proceed, the Design-Builder shall immediately proceed with the changed Work and, the Department and the Design-Builder shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder shall also execute it, at which point it will become binding on both Parties.efforts 4. .4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-Builder’s detailed statement pursuant to Section 18.3.2Subparagraph 7.4.3.2, and such other documentation as the Department may request, the Design-Builder may assert a claim in accordance with the this Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder such adjustments, if any, to the Substantial or Final Completion DatesDate, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Design Build Agreement

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder a written Change Directive, either directing the Design-Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder believes that Substantial or Final Completion Dates Date and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder shall provide the Department with a written statement of all changes in the AgreementContract, including, without limitation, any changes to the Substantial or Final Completion Dates Date or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders change orders except as authorized in Section 18.87.4.8, and if so authorized, any markxxxx-up shall be in accordance with Section 18.117.4.11. 3. .3 If the Department has not yet directed the Design-Builder to proceed with the change Change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder to proceed, the Design-Builder shall immediately proceed with the changed Work and, the Department and the Design-Builder shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion DatesDate, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder shall also execute it, at which point it will become binding on both Partiesparties. 4. .4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-Builder’s detailed statement pursuant to Section 18.3.2Subparagraph 7.4.3.2, and such other documentation as the Department may request, the Design-Builder may assert a claim in accordance with the this Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder such adjustments, if any, to the Substantial or Final Completion DatesDate, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Design Build Agreement

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder a written Change Directive, either directing the Design-Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder believes that Substantial or Final Completion Dates Date and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder shall provide the Department with a written statement of all changes in the AgreementContract, including, without limitation, any changes to the Substantial or Final Completion Dates Date or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders change orders except as authorized in Section 18.87.4.8, and if so authorized, any markxxxx-up shall be in accordance with Section 18.117.4.11. 3. .3 If the Department has not yet directed the Design-Builder to proceed with the change Change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder to proceed, the Design-Builder shall immediately proceed with the changed Work and, the Department and the Design-Builder shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder shall also execute it, at which point it will become binding on both Parties.to 4. .4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-Builder’s detailed statement pursuant to Section 18.3.2Subparagraph 7.4.3.2, and such other documentation as the Department may request, the Design-Builder may assert a claim in accordance with the this Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder such adjustments, if any, to the Substantial or Final Completion DatesDate, the Guaranteed Maximum Price, and/or the Preconstruction Design Fee or Design-Build Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Design Build Agreement

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder Construction Manager a written Change Directive, either directing the Design-Builder Construction Manager to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder Construction Manager believes that Substantial or Final Completion Dates and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder Construction Manager shall provide the Department with a written statement of all changes in the Agreement, including, without limitation, any changes to the Substantial or Final Completion Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder Construction Manager shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.11.Guaranteed 3. .3 If the Department has not yet directed the Design-Builder Construction Manager to proceed with the change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder Construction Manager to proceed, the Design-Builder Construction Manager shall immediately proceed with the changed Work and, the Department and the Design-Builder Construction Manager shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion Dates, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder Construction Manager reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder Construction Manager shall also execute it, at which point it will become binding on both Parties. 4. .4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-BuilderConstruction Manager’s detailed statement pursuant to Section 18.3.217.3.2, and such other documentation as the Department may request, the Design-Builder Construction Manager may assert a claim in accordance with the Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder Construction Manager such adjustments, if any, to the Substantial or Final Completion Dates, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Construction Management Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Construction Management at Risk Agreement

Department-Initiated Changes. 1. .1 If the Department wishes to make a change in the Work or to accelerate the Work, it will execute and issue to the Design-Builder a written Change Directive, either directing the Design-Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform the Department, in writing, of the amount, if any, by which the Design-Builder believes that Substantial or Final Completion Dates Date and/or the Guaranteed Maximum Price should be adjusted to take the Change Order or Change Directive into account. 2. .2 Within ten (10) days of receiving a Change Directive, the Design-Builder shall provide the Department with a written statement of all changes in the AgreementContract, including, without limitation, any changes to the Substantial or Final Completion Dates Date or the Guaranteed Maximum Price to which it believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule analysis supporting the requested extension should be included. The schedule analysis should include a written narrative explanation. If a change in the Guaranteed Maximum Price is sought (or if the Department has requested a deduct change), the statement should include a breakdown, by line item, of the estimated cost changes attributable to the proposed change. The Department may request, and the Design-Builder shall provide, further cost breakdowns, clarifications, documentation or back-up if the Department reasonably believes such additional information is needed to understand and evaluate the request. The additional information required may include cost and pricing data in accordance with the Department’s regulations. Any requested adjustment to the Guaranteed Maximum Price shall be limited to increased Cost of the Work due to the Change Directive. The Design-Builder is not entitled to any markup on any kind of Change Orders except as authorized in Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.11.Guaranteed 3. .3 If the Department has not yet directed the Design-Builder to proceed with the change Change described by a Change Directive, the Department may rescind it. If the Department wishes to proceed, or has already directed the Design-Builder to proceed, the Design-Builder shall immediately proceed with the changed Work and, the Department and the Design-Builder shall use their good faith best efforts to reach an agreement upon the modifications to the Substantial or Final Completion DatesDate, and/or the Guaranteed Maximum Price that are justified by the Change Directive. If the Department and the Design-Builder reach agreement, the agreement shall be set forth in a Change Order and the Design-Builder shall also execute it, at which point it will become binding on both Partiesparties. 4. .4 If the parties fail to reach an agreement within sixty (60) days after the Department receives the Design-Builder’s detailed statement pursuant to Section 18.3.2Subparagraph 7.4.3.2, and such other documentation as the Department may request, the Design-Builder may assert a claim in accordance with the this Agreement. In such a case, and subject to adjustment via the claims and disputes process, the Department shall unilaterally grant the Design-Builder such adjustments, if any, to the Substantial or Final Completion DatesDate, the Guaranteed Maximum Price, and/or the Preconstruction or Design-Build Fee as the Department has judged to be appropriate.

Appears in 1 contract

Samples: Design Build Agreement

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