Common use of Extra Work Directive Clause in Contracts

Extra Work Directive. If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Design-Build Firm to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Design-Build Firm shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Design-Build Firm shall be entitled to initiate a dispute pursuant to the Article 88, Resolution of Disputes, by furnishing a written statement to the Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Design-Build Firm disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Design-Build Firm in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Design-Build Firm‟s claim including the manner that the disputed item was specified in the Design-Build Firm‟s proposal. During the pendency of any dispute hereunder, the Design-Build Firm must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager‟s written instructions. In the event there is a dispute as to price, the Design-Build Firm will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Design-Build Firm‟s claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties‟ inability to agree upon a mutually satisfactory price shall be as follows:  No payment will be made to the Design-Build Firm for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the Design-Build Firm or his Subcontractor. Any exceptions must be approved by the Project Manager.

Extra Work Directive. If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Design-Build Firm to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Design-Build Firm shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Design-Build Firm shall be entitled to initiate a dispute pursuant to the Article 8885, Resolution of Disputes, by furnishing a written statement to the Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Design-Build Firm disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Design-Build Firm in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Design-Build Firm‟s Firm’s claim including the manner that the disputed item was specified in the Design-Build Firm‟s Firm’s proposal. During the pendency of any dispute hereunder, the Design-Build Firm must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager‟s Manager’s written instructions. In the event there is a dispute as to price, the Design-Build Firm will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Design-Build Firm‟s Firm’s claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties‟ parties’ inability to agree upon a mutually satisfactory price shall be as follows:  No payment will be made to the Design-Build Firm for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the Design-Build Firm or his SubcontractorSub Design-Build Firm. Any exceptions must be approved by the Project Manager. “Actual and Necessary Net Cost” shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Design-Build Firm as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Design-Build Firm shall at the end of each day furnish to the City such documentation as the City may require supporting all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Design-Build Firm shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Design-Build Firm shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor or materials or plant. In case the Design-Build Firm is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Design-Build Firm’s own employees, the Design-Build Firm will, subject to the approval of the Project Manager, be paid the actual cost to Design-Build Firm of such Work, and in addition thereto five (5%) percent to cover the Design-Build Firm’s superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City.

Extra Work Directive. If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Design-Design- Build Firm to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Design-Build Firm shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Design-Build Firm shall be entitled to initiate a dispute pursuant to the Article 8885, Resolution of Disputes, by furnishing a written statement to the Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Design-Build Firm disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Design-Build Firm in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Design-Build Firm‟s claim including the manner that the disputed item was specified in the Design-Build Firm‟s proposal. During the pendency of any dispute hereunder, the Design-Build Firm must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager‟s written instructions. In the event there is a dispute as to price, the Design-Build Firm will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Design-Build Firm‟s claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties‟ inability to agree upon a mutually satisfactory price shall be as follows:  No payment will be made to the Design-Build Firm for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the Design-Build Firm or his SubcontractorSub Design-Build Firm . Any exceptions must be approved by the Project Manager. “Actual and Necessary Net Cost” shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Design-Build Firm as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Design-Build Firm shall at the end of each day furnish to the City such documentation as the City may require supporting all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Design- Build Firm shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Design-Build Firm shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor or materials or plant. In case the Design-Build Firm is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Design-Build Firm‟s own employees, the Design-Build Firm will, subject to the approval of the Project Manager, be paid the actual cost to Design-Build Firm of such Work, and in addition thereto five (5%) percent to cover the Design-Build Firm‟s superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City.

Extra Work Directive. If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Design-Build Firm Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Design-Build Firm Contractor shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Design-Build Firm Contractor shall be entitled to initiate a dispute pursuant to the Article 8891, Resolution of Disputes, by furnishing a written statement to the City’s Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Design-Build Firm Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Design-Build Firm Contractor in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Design-Build Firm‟s Contractor’s claim including the manner that the disputed item was specified in the Design-Build Firm‟s Contractor’s proposal. During the pendency of any dispute hereunder, the Design-Build Firm Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the City’s Project Manager‟s Manager’s written instructions. In the event there is a dispute as to price, the Design-Build Firm Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Design-Build Firm‟s Contractor’s claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties‟ parties’ inability to agree upon a mutually satisfactory price shall be as follows:  No payment will be made to the Design-Build Firm Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the Design-Build Firm Contractor or his its Subcontractor. Any exceptions must be approved in writing by the City’s Project Manager. “Actual and Necessary Net Cost” shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may be require to support all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The City’s Project Manager shall determine any questions or dispute as to the correct cost of such labor or materials or plant. In case the Contractor is ordered to perform Work under this Article, which in the opinion of the City’s Project Manager, it is impracticable to have performed by the Contractor’s own employees, the Contractor will, subject to the approval of the City’s Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five (5%) percent to cover the Contractor’s superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City.

Extra Work Directive. If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Design-Build Firm Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Design-Build Firm Contractor shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Design-Build Firm Contractor shall be entitled to initiate a dispute pursuant to the Article 8891, Resolution of Disputes, by furnishing a written statement to the City’s Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Design-Build Firm Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Design-Build Firm Contractor in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Design-Build Firm‟s Contractor’s claim including the manner that the disputed item was specified in the Design-Build Firm‟s Contractor’s proposal. During the pendency of any dispute hereunder, the Design-Build Firm Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the City’s Project Manager‟s Manager’s written instructions. In the event there is a dispute as to price, the Design-Build Firm Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Design-Build Firm‟s Contractor’s claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties‟ parties’ inability to agree upon a mutually satisfactory price shall be as follows:  ▪ No payment will be made to the Design-Build Firm Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the Design-Build Firm Contractor or his its Subcontractor. Any exceptions must be approved in writing by the City’s Project Manager. “Actual and Necessary Net Cost” shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may be require to support all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The City’s Project Manager shall determine any questions or dispute as to the correct cost of such labor or materials or plant. In case the Contractor is ordered to perform Work under this Article, which in the opinion of the City’s Project Manager, it is impracticable to have performed by the Contractor’s own employees, the Contractor will, subject to the approval of the City’s Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five (5%) percent to cover the Contractor’s superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City.

Extra Work Directive. If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Design-Build Firm Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Design-Build Firm Contractor shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Design-Build Firm Contractor shall be entitled to initiate a dispute pursuant to the Article 8885, Resolution of Disputes, by furnishing a written statement to the Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Design-Build Firm Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Design-Build Firm Contractor in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Design-Build Firm‟s Contractor’s claim including the manner that the disputed item was specified in the Design-Build Firm‟s Contractor’s proposal. During the pendency of any dispute hereunder, the Design-Build Firm Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager‟s Manager’s written instructions. In the event there is a dispute as to price, the Design-Build Firm Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Design-Build Firm‟s Contractor’s claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties‟ parties’ inability to agree upon a mutually satisfactory price shall be as follows:  No payment will be made to the Design-Build Firm Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a markxxxx-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the Design-Build Firm Contractor or his Subcontractor. Any exceptions must be approved by the Project Manager. “Actual and Necessary Net Cost” shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may require to support all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor or materials or plant. In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Contractor’s own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five (5%) percent to cover the Contractor’s superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City.

Extra Work Directive. If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Design-Build Firm Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Design-Build Firm Contractor shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Design-Build Firm Contractor shall be entitled to initiate a dispute pursuant to the Article 8885, Resolution of Disputes, by furnishing a written statement to the Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Design-Build Firm Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Design-Build Firm Contractor in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Design-Build Firm‟s Contractor’s claim including the manner that the disputed item was specified in the Design-Build Firm‟s Contractor’s proposal. During the pendency of any dispute hereunder, the Design-Build Firm Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager‟s Manager’s written instructions. In the event there is a dispute as to price, the Design-Build Firm Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Design-Build Firm‟s Contractor’s claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties‟ parties’ inability to agree upon a mutually satisfactory price shall be as follows:  ▪ No payment will be made to the Design-Build Firm Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the Design-Build Firm Contractor or his Subcontractor. Any exceptions must be approved by the Project Manager. “Actual and Necessary Net Cost” shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may require to support all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor or materials or plant. In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Contractor’s own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five (5%) percent to cover the Contractor’s superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City.

Extra Work Directive. If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Design-Design- Build Firm to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Design-Build Firm shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Design-Build Firm shall be entitled to initiate a dispute pursuant to the Article 8885, Resolution of Disputes, by furnishing a written statement to the Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Design-Build Firm disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Design-Build Firm in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Design-Build Firm‟s Firm’s claim including the manner that the disputed item was specified in the Design-Build Firm‟s Firm’s proposal. During the pendency of any dispute hereunder, the Design-Build Firm must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager‟s Manager’s written instructions. In the event there is a dispute as to price, the Design-Build Firm will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Design-Build Firm‟s Firm’s claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties‟ parties’ inability to agree upon a mutually satisfactory price shall be as follows:  No payment will be made to the Design-Build Firm for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the Design-Build Firm or his SubcontractorSub Design-Build Firm. Any exceptions must be approved by the Project Manager. “Actual and Necessary Net Cost” shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Design-Build Firm as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Design-Build Firm shall at the end of each day furnish to the City such documentation as the City may require supporting all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Design- Build Firm shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Design-Build Firm shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor or materials or plant. In case the Design-Build Firm is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Design-Build Firm’s own employees, the Design-Build Firm will, subject to the approval of the Project Manager, be paid the actual cost to Design-Build Firm of such Work, and in addition thereto five (5%) percent to cover the Design-Build Firm’s superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City.