VALUATION AND CERTIFICATION OF CHANGES. 48.1 The value of any Change will be determined by one or more of the following methods: (a) by estimate and acceptance of a lump sum; or (b) by unit prices or fee rates agreed upon (and which may include a maximum upset price). 48.2 The following process will be followed for Changes: (a) Where a Change is proposed or required by the Owner, the Design-Builder will promptly, and in any case within 10 days after the Change is proposed or required by the Owner, present to the Owner its claims for any adjustment to the Contract Price or the Contract Time that arise from the Change. (b) Where the Design-Builder claims a Change in Contract Time, the Design-Builder will provide a full breakdown of labour, material and other cost information. (c) Where the Owner and Design-Builder agree to the Change, including adjustments in the Contract Price and Contract Time, or to the method to be used to determine the adjustments, such Change will be effective when recorded in a Change Order. (d) The value of the Work performed as the result of a Change Order will be included in payment applications. 48.3 In the case of Changes to be paid for under Section 48.2(c), the form of presentation of costs and methods of measurement will be agreed to by the Owner and the Design-Builder before proceeding with the Change. The Design-Builder will keep accurate records of quantities or costs as agreed upon and will present an account of the costs of the Change, together with vouchers where applicable, at least once each month during performance of the Change, and will present a final account upon completion of the Change. 48.4 If the methods of valuation, measurement and value of any Change or any adjustment to the Contract Time cannot be promptly agreed upon, and in any case within 7 days after the proposed Change, and the Change is required by the Owner in writing to be proceeded with, then the Change will be performed by the Design-Builder and the value of the Change and adjustment to the Contract Time will be determined in accordance with the Dispute resolution process described in Section 63. 48.5 It is intended in all matters involving Changes that both the Owner and the Design-Builder will act promptly and in accordance with the times set out in this Section 48.
Appears in 1 contract
Samples: Design Build Agreement
VALUATION AND CERTIFICATION OF CHANGES.
48.1 The value of any Change will be determined by one or more of the following methods:
(a) by estimate and acceptance of a lump sum; oror
(b) by unit prices or fee rates agreed upon (and which may include a maximum upset price).
48.2 The following process will be followed for Changes:Changes:
(a) Where a Change is proposed or required by the Owner, the Design-Builder will promptly, and in any case within 10 days after the Change is proposed or required by the Owner, present to the Owner its claims for any adjustment to the Contract Price or the Contract Time that arise from the Change.
(b) Where the Design-Builder claims a Change in Contract Time, the Design-Builder will provide a full breakdown of labour, material and other cost information.information.
(c) Where the Owner and Design-Builder agree to the Change, including adjustments in the Contract Price and Contract Time, or to the method to be used to determine the adjustments, such Change will be effective when recorded in a Change Order.
(d) The value of the Work performed as the result of a Change Order will be included in payment applications.
48.3 In the case of Changes to be paid for under Section 48.2(c), the form of presentation of costs and methods of measurement will be agreed to by the Owner and the Design-Builder before proceeding with the Change. The Design-Builder will keep accurate records of quantities or costs as agreed upon and will present an account of the costs of the Change, together with vouchers where applicable, at least once each month during performance of the Change, and will present a final account upon completion of the Change.
48.4 If the methods of valuation, measurement and value of any Change or any adjustment to the Contract Time cannot be promptly agreed upon, and in any case within 7 days after the proposed Change, and the Change is required directed by the Owner in writing to be proceeded withwith by way of a Change Directive, then the Change will be performed by the Design-Builder and the value of the Change and adjustment to the Contract Time will be determined in accordance with the Dispute resolution process described in Section 63.
48.5 It is intended in all matters involving Changes that both the Owner and the Design-Builder will act promptly and in accordance with the times set out in this Section 48.48.
Appears in 1 contract
Samples: Design Build Agreement
VALUATION AND CERTIFICATION OF CHANGES. 48.1 The value of any Change will be determined by one or more of the following methods:
(a) by estimate and acceptance of a lump sum; or
(b) by unit prices or fee rates agreed upon (and which may include a maximum upset price).
48.2 The following process will be followed for Changes:
(a) Where where a Change is proposed or required by the OwnerAuthority, the Design-Builder will promptly, and in any case within 10 days after the Change is proposed or required by the OwnerAuthority, present to the Owner Authority its claims for any adjustment to the Contract Price or the Contract Time that arise from the Change.;
(b) Where where the Design-Builder claims a Change in Contract TimePrice, the Design-Builder will provide a full breakdown of labour, material and other cost information.;
(c) Where where the Owner Authority and Design-Builder agree to the Change, including adjustments in the Contract Price and Contract Time, or to the method to be used to determine the adjustments, such Change will be effective when recorded in a Change Order.; and
(d) The the value of the Work performed as the result of a Change Order will be included in payment applications.
48.3 In the case of Changes to be paid for under Section 48.2(c), the form of presentation of costs and methods of measurement will be agreed to by the Owner Authority and the Design-Design- Builder before proceeding with the Change. The Design-Builder will keep accurate records of quantities or costs as agreed upon and will present an account of the costs of the Change, together with vouchers where applicable, at least once each month during performance of the Change, and will present a final account upon completion of the Change.
48.4 If the methods of valuation, measurement and value of any Change or any adjustment to the Contract Time cannot be promptly agreed upon, and in any case within 7 10 days after the proposed Change, and the Change is required by the Owner Authority in writing to be proceeded with, then the Change will be performed by the Design-Builder and the value of the Change and adjustment to the Contract Time will be determined in accordance with the Dispute resolution process described in Section 63.
48.5 It is intended in all matters involving Changes that both the Owner Authority and the Design-Design- Builder will act promptly and in accordance with the times set out in this Section 48.
Appears in 1 contract
Samples: Design Build Agreement
VALUATION AND CERTIFICATION OF CHANGES. 48.1 The value of any Change will be determined by one or more of the following methods:
(a) : by estimate and acceptance of a lump sum; or
(b) or by unit prices or fee rates agreed upon (and which may include a maximum upset price).
48.2 The following process will be followed for Changes:
(a) Where : where a Change is proposed or required by the OwnerAuthority, the Design-Builder will promptly, and in any case within 10 days after the Change is proposed or required by the OwnerAuthority, present to the Owner Authority its claims for any adjustment to the Contract Price or the Contract Time that arise from the Change.
(b) Where ; where the Design-Builder claims a Change in Contract TimePrice, the Design-Builder will provide a full breakdown of labour, material and other cost information.
(c) Where ; where the Owner Authority and Design-Builder agree to the Change, including adjustments in the Contract Price and Contract Time, or to the method to be used to determine the adjustments, such Change will be effective when recorded in a Change Order.
(d) The ; and the value of the Work performed as the result of a Change Order will be included in payment applications.
48.3 In the case of Changes to be paid for under Section 48.2(c), the form of presentation of costs and methods of measurement will be agreed to by the Owner Authority and the Design-Builder before proceeding with the Change. The Design-Builder will keep accurate records of quantities or costs as agreed upon and will present an account of the costs of the Change, together with vouchers where applicable, at least once each month during performance of the Change, and will present a final account upon completion of the Change.
48.4 If the methods of valuation, measurement and value of any Change or any adjustment to the Contract Time cannot be promptly agreed upon, and in any case within 7 10 days after the proposed Change, and the Change is required by the Owner Authority in writing to be proceeded with, then the Change will be performed by the Design-Builder and the value of the Change and adjustment to the Contract Time will be determined in accordance with the Dispute resolution process described in Section 6363 by determining the cost of the Change in accordance with the Section 49 (other than Sections 49.1 and 49.4) and by determining the adjustment of the Contract Time as a reasonable time taking into account the critical path.
48.5 It is intended in all matters involving Changes that both the Owner Authority and the Design-Builder will act promptly and in accordance with the times set out in this Section 48.
Appears in 1 contract
Samples: Design Build Agreement
VALUATION AND CERTIFICATION OF CHANGES. 48.1 49.1 The value of any Change will be determined by one or more of the following methods:methods:
(a) by estimate and acceptance of a lump sum; or
(b) by unit prices or fee rates agreed upon (and which may include a maximum upset price).price).
48.2 49.2 The following process will be followed for Changes:
(a) Where where a Change is proposed or required by the Owner, the Design-Builder will promptly, and in any case within 10 days after the Change is proposed or required by the Owner, present to the Owner its claims for any adjustment to the Contract Price or the Contract Time that arise from the Change.;
(b) Where where the Design-Builder claims a Change in Contract TimePrice, the Design-Builder will provide a full breakdown of labour, material and other cost information.;
(c) Where where the Owner and Design-Builder agree to the Change, including adjustments in the Contract Price and Contract Time, or to the method to be used to determine the adjustments, such Change will be effective when recorded in a Change Order.; and
(d) The the value of the Work performed as the result of a Change Order will be included in payment applications.
48.3 49.3 In the case of Changes to be paid for under Section 48.2(c49.2(c), the form of presentation of costs and methods of measurement will be agreed to by the Owner and the Design-Builder before proceeding with the Change. The Design-Builder will keep accurate records of quantities or costs as agreed upon and will present an account of the costs of the Change, together with vouchers where applicable, at least once each month during performance of the Change, and will present a final account upon completion of the Change.
48.4 49.4 If the methods of valuation, measurement and value of any Change or any adjustment to the Contract Time cannot be promptly agreed upon, and in any case within 7 10 days after the proposed Change, and the Change is required by the Owner in writing to be proceeded with, then the Change will be performed by the Design-Builder and the value of the Change and adjustment to the Contract Time will be determined in accordance with the Dispute resolution process described in Section 6364 by determining the cost of the Change in accordance with the Section 50 (other than Sections 50.1 and 50.4) and by determining the adjustment of the Contract Time as a reasonable time taking into account the critical path.
48.5 49.5 It is intended in all matters involving Changes that both the Owner and the Design-Builder will act promptly and in accordance with the times set out in this Section 48.49.
Appears in 1 contract
Samples: Design Build Agreement
VALUATION AND CERTIFICATION OF CHANGES. 48.1 The value of any Change will be determined by one or more of the following methods:
(a) by estimate and acceptance of a lump sum; or
(b) by unit prices or fee rates agreed upon (and which may include a maximum upset price).
48.2 The following process will be followed for Changes:
(a) Where where a Change is proposed or required by the Owner, the Design-Builder will promptly, and in any case within 10 days after the Change is proposed or required by the Owner, present to the Owner its claims for any adjustment to the Contract Price or the Contract Time that arise from the Change.;
(b) Where where the Design-Builder claims a Change in Contract TimePrice, the Design-Builder will provide a full breakdown of labour, material and other cost information.;
(c) Where where the Owner and Design-Builder agree to the Change, including adjustments in the Contract Price and Contract Time, or to the method to be used to determine the adjustments, such Change will be effective when recorded in a Change Order.; and
(d) The the value of the Work performed as the result of a Change Order will be included in payment applications.
48.3 In the case of Changes to be paid for under Section 48.2(c), the form of presentation of costs and methods of measurement will be agreed to by the Owner and the Design-Design- Builder before proceeding with the Change. The Design-Builder will keep accurate records of quantities or costs as agreed upon and will present an account of the costs of the Change, together with vouchers where applicable, at least once each month during performance of the Change, and will present a final account upon completion of the Change.
48.4 If the methods of valuation, measurement and value of any Change or any adjustment to the Contract Time cannot be promptly agreed upon, and in any case within 7 10 days after the proposed Change, and the Change is required by the Owner in writing to be proceeded with, then the Change will be performed by the Design-Builder and the value of the Change and adjustment to the Contract Time will be determined in accordance with the Dispute resolution process described in Section 63.
48.5 It is intended in all matters involving Changes that both the Owner and the Design-Design- Builder will act promptly and in accordance with the times set out in this Section 48.
Appears in 1 contract
Samples: Design Build Agreement
VALUATION AND CERTIFICATION OF CHANGES. 48.1 The value of any Change will be determined by one or more of the following methods:
(a) by estimate and acceptance of a lump sum; or
(b) by unit prices or fee rates agreed upon (and which may include a maximum upset price).
48.2 The following process will be followed for Changes:
(a) Where a Change is proposed or required by the Owner, the Design-Builder will promptly, and in any case within 10 days after the Change is proposed or required by the Owner, present to the Owner its claims for any adjustment to the Contract Price or the Contract Time that arise from the Change.
(b) Where the Design-Builder claims a Change in Contract Time, the Design-Builder will provide a full breakdown of labour, material and other cost information.
(c) Where the Owner and Design-Builder agree to the Change, including adjustments in the Contract Price and Contract Time, or to the method to be used to determine the adjustments, such Change will be effective when recorded in a Change Order.
(d) The value of the Work performed as the result of a Change Order will be included in payment applications.
48.3 In the case of Changes to be paid for under Section 48.2(c), the form of presentation of costs and methods of measurement will be agreed to by the Owner and the Design-Builder before proceeding with the Change. The Design-Builder will keep accurate records of quantities or costs as agreed upon and will present an account of the costs of the Change, together with vouchers where applicable, at least once each month during performance of the Change, and will present a final account upon completion of the Change.
48.4 If the methods of valuation, measurement and value of any Change or any adjustment to the Contract Time cannot be promptly agreed upon, and in any case within 7 days after the proposed Change, and the Change is required directed by the Owner in writing to be proceeded withwith by way of a Change Directive, then the Change will be performed by the Design-Builder and the value of the Change and adjustment to the Contract Time will be determined in accordance with the Dispute resolution process described in Section 63...
48.5 It is intended in all matters involving Changes that both the Owner and the Design-Builder will act promptly and in accordance with the times set out in this Section 48.
Appears in 1 contract
Samples: Design Build Agreement
VALUATION AND CERTIFICATION OF CHANGES. 48.1 The value of any Change will be determined by one or more of the following methods:
(a) by estimate and acceptance of a lump sum; or
(b) by unit prices or fee rates agreed upon (and which may include a maximum upset price).
48.2 The following process will be followed for Changes:
(a) Where where a Change is proposed or required by the Owner, the Design-Builder will promptly, and in any case within 10 days after the Change is proposed or required by the Owner, present to the Owner its claims for any adjustment to the Contract Price or the Contract Time that arise from the Change.;
(b) Where where the Design-Builder claims a Change in Contract TimePrice, the Design-Builder will provide a full breakdown of labour, material and other cost information.;
(c) Where where the Owner and Design-Builder agree to the Change, including adjustments in the Contract Price and Contract Time, or to the method to be used to determine the adjustments, such Change will be effective when recorded in a Change Order.; and
(d) The the value of the Work performed as the result of a Change Order will be included in payment applications.
48.3 In the case of Changes to be paid for under Section 48.2(c), the form of presentation of costs and methods of measurement will be agreed to by the Owner and the Design-Builder before proceeding with the Change. The Design-Builder will keep accurate records of quantities or costs as agreed upon and will present an account of the costs of the Change, together with vouchers where applicable, at least once each month during performance of the Change, and will present a final account upon completion of the Change.
48.4 If the methods of valuation, measurement and value of any Change or any adjustment to the Contract Time cannot be promptly agreed upon, and in any case within 7 days after the proposed Change, and the Change is required by the Owner in writing to be proceeded with, then the Change will be performed by the Design-Builder and the value of the Change and adjustment to the Contract Time will be determined in accordance with the Dispute resolution process described in Section 63.
48.5 It is intended in all matters involving Changes that both the Owner and the Design-Builder will act promptly and in accordance with the times set out in this Section 48.
Appears in 1 contract
Samples: Design Build Agreement
VALUATION AND CERTIFICATION OF CHANGES. 48.1 46.1 The value of any Change will be determined by one or more of the following methods:
(a) by estimate and acceptance of a lump sum; or
(b) by unit prices or fee rates agreed upon (and which may include a maximum upset price).
48.2 46.2 The following process will be followed for Changes:
(a) Where a Change is proposed or required by the OwnerAuthority, the Design-Builder will promptly, and in any case within 10 days or such other time as may be agreed by the Authority, acting reasonably, after the Change is proposed or required by the OwnerAuthority, present to the Owner Authority its claims for any adjustment to the Contract Price or the Contract Time that arise from the Change.
(b) Where the Design-Builder claims a Change in Contract Time, the Design-Builder will provide a full breakdown of labour, material and other cost information.
(c) Where the Owner Authority and Design-Builder agree to the Change, including adjustments in the Contract Price and Contract Time, or to the method to be used to determine the adjustments, such Change will be effective when recorded in a Change Order.
(d) The value of the Work performed as the result of a Change Order will be included in payment applications.
48.3 46.3 In the case of Changes to be paid for under Section 48.2(c46.2(c), the form of presentation of costs and methods of measurement will be agreed to by the Owner Authority and the Design-Builder before proceeding with the Change. The Design-Builder will keep accurate records of quantities or costs as agreed upon and will present an account of the costs of the Change, together with vouchers where applicable, at least once each month during performance of the Change, and will present a final account upon completion of the Change.
48.4 46.4 If the methods of valuation, measurement and value of any Change or any adjustment to the Contract Time cannot be promptly agreed upon, and in any case within 7 days after the proposed Change, and the Change is required by the Owner in writing Authority to be proceeded with, then the Change will be performed by the Design-Builder and the value of the Change and adjustment to the Contract Time will be determined in accordance with the Dispute resolution process described in Section 6361 (Dispute Resolution).
48.5 46.5 It is intended in all matters involving Changes that both the Owner Authority and the Design-Builder will act promptly and in accordance with the times set out in this Section 4846.
Appears in 1 contract
Samples: Design Build Agreement
VALUATION AND CERTIFICATION OF CHANGES. 48.1 The value of any Change will be determined by one or more of the following methods:
(a) by estimate and acceptance of a lump sum; or
(b) by unit prices or fee rates agreed upon (and which may include a maximum upset price).
48.2 The following process will be followed for Changes:
(a) Where where a Change is proposed or required by the Owner, the Design-Builder will promptly, and in any case within 10 days after the Change is proposed or required by the Owner, present to the Owner its claims for any adjustment to the Contract Price or the Contract Time that arise from the Change.;
(b) Where where the Design-Builder claims a Change in Contract TimePrice, the Design-Builder will provide a full breakdown of labour, material and other cost information.;
(c) Where where the Owner and Design-Builder agree to the Change, including adjustments in the Contract Price and Contract Time, or to the method to be used to determine the adjustments, such Change will be effective when recorded in a Change Order.; and
(d) The the value of the Work performed as the result of a Change Order will be included in payment applications.
48.3 In the case of Changes to be paid for under Section 48.2(c), the form of presentation of costs and methods of measurement will be agreed to by the Owner and the Design-Builder before proceeding with the Change. The Design-Builder will keep accurate records of quantities or costs as agreed upon and will present an account of the costs of the Change, together with vouchers where applicable, at least once each month during performance of the Change, and will present a final account upon completion of the Change.
48.4 If the methods of valuation, measurement and value of any Change or any adjustment to the Contract Time cannot be promptly agreed upon, and in any case within 7 10 days after the proposed Change, and the Change is required by the Owner in writing to be proceeded with, then the Change will be performed by the Design-Builder and the value of the Change and adjustment to the Contract Time will be determined in accordance with the Dispute resolution process described in Section 6363 by determining the cost of the Change in accordance with Section 49 (other than Sections 49.1 and 49.4) and by determining the adjustment of the Contract Time as a reasonable time taking into account the critical path.
48.5 It is intended in all matters involving Changes that both the Owner and the Design-Builder will act promptly and in accordance with the times set out in this Section 48.
Appears in 1 contract
Samples: Design Build Agreement
VALUATION AND CERTIFICATION OF CHANGES. 48.1 46.1 The value of any Change will be determined by one or more of the following methods:
(a) by estimate and acceptance of a lump sum; or
(b) by unit prices or fee rates agreed upon (and which may include a maximum upset price).
48.2 46.2 The following process will be followed for Changes:
(a) Where a Change is proposed or required by the Owner, the Design-Builder will promptly, and in any case within 10 days after the Change is proposed or required by the Owner, present to the Owner its claims for any adjustment to the Contract Price or the Contract Time that arise from the Change.
(b) Where the Design-Builder claims a Change in Contract Time, the Design-Builder will provide a full breakdown of labour, material and other cost information.
(c) Where the Owner and Design-Builder agree to the Change, including adjustments in the Contract Price and Contract Time, or to the method to be used to determine the adjustments, such Change will be effective when recorded in a Change Order.
(d) The value of the Work performed as the result of a Change Order will be included in payment applications.
48.3 46.3 In the case of Changes to be paid for under Section 48.2(c46.2(c), the form of presentation of costs and methods of measurement will be agreed to by the Owner and the Design-Builder before proceeding with the Change. The Design-Builder will keep accurate records of quantities or costs as agreed upon and will present an account of the costs of the Change, together with vouchers where applicable, at least once each month during performance of the Change, and will present a final account upon completion of the Change.
48.4 46.4 If the methods of valuation, measurement and value of any Change or any adjustment to the Contract Time cannot be promptly agreed upon, and in any case within 7 days after the proposed Change, and the Change is required by the Owner in writing to be proceeded with, then the Change will be performed by the Design-Builder and the value of the Change and adjustment to the Contract Time will be determined in accordance with the Dispute resolution process described in Section 6361 (Dispute Resolution).
48.5 46.5 It is intended in all matters involving Changes that both the Owner and the Design-Builder will act promptly and in accordance with the times set out in this Section 4846.
Appears in 1 contract
Samples: Design Build Agreement