Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.
Project Amendments. 1. The Project Proponent may, at any time during the term of this Agreement, submit a written request to the Administrator to amend the Project (“Proposed Amendment Request”) that includes a reasonably detailed description of the changes to the Project proposed by the Project Proponent. The Administrator may refuse to review or consider a Proposed Amendment Request until it is determined, in his or her sole discretion, that all necessary or advisable information has been received to review and consider the request of the Project Proponent.
2. Despite paragraph 1 above, a Proposed Amendment Request to the Project will not be considered by the Administrator within 3 months of the Reference Date to this Agreement or within 3 months of any date on which a written approval has been issued to amend the project.
3. The Administrator has the sole discretion to accept or reject a Proposed Amendment Request to the Project. The Administrator will inform the Project Proponents of the Administrator’s decision whether to accept or reject any Proposed Amendment Request.
4. If the Administrator accepts the Proposed Amendment Request, the Parties will take steps to amend Schedule A to reflect the Proposed Amendment Request as soon as reasonably practicable after the Administrator informs the Project Proponents that the Administrator accepted the Proposed Amendment Request.
5. If the Project Proponents constructs the Project in manner that is inconsistent with Schedules A:
(a) the Administrator may demand from the Project Proponents, an amount equal to any and all Royalty Deductions that have been allowed by the Administrator under this Agreement, and
(b) the Administrator will not be required to review or consider any subsequent application for a Royalty Deduction under this Agreement.
Project Amendments. Project Amendments may be requested by the Sub-Grantee/Sub-Recipient, in FDEM Grants Management System, on both small and large projects, to:
1) New Time Extension;
a) Requests for Time Extensions within the Grantee/Sub-Recipient’s authority
b) Requests for Time Extensions not within the Grantee/Sub-Recipient’s authority
2) New Project Amendment;
a) Requests for Alternate Projects; and/or
b) Requests for Improved Projects; and/or
c) Requests for Mitigation Opportunities; and/or
d) Requests for Revised Scope of Work; and/or
e) Significant Cost Variance (>20%); and/or
f) Use of Eligible Excess Funds
3) New Project Appeal
a) Applicant Appeal
i) Request First Appeal; and/or
ii) Request Second Appeal; and/or
iii) Request Appeal via Arbitration
b) Project Appeal
Project Amendments a) Alberta will submit a revised Project List for approval by Canada when seeking to modify, add or delete a Project. The revised Project List will include all information required under Section 8.1 c) (Project Identification, and Approval).
b) Canada reserves the right to request additional information for specific projects indicated in the Project List for review and approval purposes. Canada will inform Alberta once the revised Project List has been approved.
Project Amendments. A Project amendment is required if a modification to the Project Description, Project Cost Estimate, or extension of the Project performance period (time extension) is needed to accomplish the intent of the original Project Agreement. Prior OHMVR Division approval of adjustments to the Project Cost Estimate is required or the charged costs may be denied. Time extensions for programmatic Project Agreements (e.g., GO, law enforcement, and Education and safety) may be denied. Project amendment requests may be approved when circumstances exist beyond the Grantee’s control that would otherwise result in the Project not being completed.
(a) Modifications to the Project Description may include but are not limited to:
(1) Different techniques are employed to achieve the original outcome, and
(2) Acquisition of a different type of equipment.
(b) Reasons for time extensions may include but are not limited to:
(1) Fires,
(2) Earthquakes, and
Project Amendments. An amendment is required if a modification to the Project Description or extension of the Project performance period (time extension) is needed to accomplish the intent of the original Project Agreement. Time extensions for programmatic Project Agreements (e.g., GO, law enforcement, and Education and safety) may be denied. Requests may be approved when circumstances exist beyond the Grantee’s control that would otherwise result in the Project not being completed.
(a) Modifications to the Project Description may include but are not limited to:
(1) Different techniques are employed to achieve the original outcome, and
(2) Acquisition of a different type of equipment.
(b) Reasons for time extensions may include but are not limited to:
(1) Fires,
(2) Earthquakes, and
Project Amendments. The Project Proponent may, at any time during the term of this Agreement, submit a written request to the Administrator to amend the Project (“
Project Amendments. Project Amendments may be requested by the Subrecipient, in FDEM Grants Management System, on both small and large projects, to:
1) New Time Extension;
a) Requests for Time Extensions within the Subrecipient’s authority
b) Requests for Time Extensions not within the Subrecipient’s authority
2) New Project Amendment;
a) Requests for Alternate Projects
b) Requests for Improved Projects
c) Requests for Mitigation Opportunities
d) Requests for Revised Scope of Work
e) Significant Cost Variance (>20%)
f) Use of Eligible Excess Funds
3) New Project Appeal
a) Subrecipient Appeal
i) Request First Appeal; and/or
ii) Request Second Appeal; and/or
iii) Request Appeal via Arbitration.
Project Amendments. 1. Any amendment to the Project will not be considered within 6 months of the Reference Date to this Agreement or any subsequent date on which a written approval has been issued to amend the project.
2. A request by the Project Proponent to amend the Project must be submitted in writing to the Administrator with the necessary information satisfactory to the Administrator to describe the proposed change.
3. The Administrator has the sole discretion to accept or reject a proposed amendment to the Project. The Administrator must inform the Project Proponent of the decision to accept or reject the proposed amendment.
4. If the Administrator accepts the proposed amendment, the Parties will amend Schedules A, C and/or D, as applicable, in accordance with the accepted amendment.
5. If the Administrator does not accept the proposed amendment, but the Project Proponent constructs the Project in accordance with a proposed amendment, the Administrator may demand from the Project Proponent, an amount equal to any and all deductions that have been allowed by the Administrator under this Agreement, and the Administrator need not review a subsequent application for a deduction under this Agreement.
Project Amendments. 5.1 Additions, removals, variations, substitutions, delay in Project completion, or price changes to the Project require a Change Order approved by the AMSC and the Municipality. Upon request by the Participant, the AMSC will provide the Participant with a Change Order form to complete with the support of the Qualified Contractor. The AMSC will review the Change Order form and upon approval by the AMSC and the Municipality, the AMSC will append the Change Order form to this Agreement and send for signature by all Parties.
(a) If the amendment is expected to cause a delay in the Project, extending the Completion Date past the deadlines outlined in Section 4.2, an extension request must be included in the Change Order. The request for extension will be approved at the sole discretion of the AMSC and the Municipality.
5.2 The Change Order must be signed by the Qualified Contractor, the Participant, the Municipality and the AMSC and will form part of this Agreement once signed by all Parties and the Municipality.
5.3 If the Participant, AMSC, and/or the Municipality do not agree to sign the Change Order within ten (10) Business Days of receipt of the Change Order, the Qualified Contractor may complete the Project according to the original terms of this Agreement, and the description of the Project set out in Schedule A hereto, upon AMSC and the Qualified Contractor receiving written notice from the Participant.
