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Agenda - Council - 06/27/2017
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Agenda - Council - 06/27/2017
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Meetings
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Agenda
Meeting Type
Council
Document Date
06/27/2017
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adjustment of the Contract Price or the Contract Times, or both, no later than 30 days <br />after the completion of the Work set out in the Work Change Directive. Owner must <br />submit any Claim seeking an adjustment of the Contract Price or the Contract Times, <br />or both, no later than 60 days after issuance of the Work Change Directive. <br />3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not <br />involve an adjustment in the Contract Price or the Contract Times and are compatible <br />with the design concept of the completed Project as a functioning whole as indicated <br />by the Contract Documents. Such changes will be accomplished by a Field Order and <br />will be binding on Owner and also on Contractor, which shall perform the Work <br />involved promptly. If Contractor believes that a Field Order justifies an adjustment in <br />the Contract Price or Contract Times, or both, then before proceeding with the Work <br />at issue, Contractor shall submit a Change Proposal as provided herein. <br />11.02 Owner -Authorized Changes in the Work <br />A. Without invalidating the Contract and without notice to any surety, Owner may, at any <br />time or from time to time, order additions, deletions, or revisions in the Work. Such <br />changes shall be supported by Engineer's recommendation, to the extent the change <br />involves the design (as set forth in the Drawings, Specifications, or otherwise), or other <br />engineering or technical matters. Such changes may be accomplished by a Change Order, if <br />Owner and Contractor have agreed as to the effect, if any, of the changes on Contract <br />Times or Contract Price; or by a Work Change Directive. Upon receipt of any such <br />document, Contractor shall promptly proceed with the Work involved; or, in the case of a <br />deletion in the Work, promptly cease construction activities with respect to such deleted <br />Work. Added or revised Work shall be performed under the applicable conditions of the <br />Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work <br />that Contractor reasonably concludes cannot be performed in a manner consistent with <br />Contractor's safety obligations under the Contract Documents or Laws and Regulations. <br />11.03 Unauthorized Changes in the Work <br />A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the <br />Contract Times with respect to any work performed that is not required by the Contract <br />Documents, as amended, modified, or supplemented, except in the case of an emergency <br />as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph <br />14.05. <br />11.04 Change of Contract Price <br />A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an <br />adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any <br />Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. <br />B. An adjustment in the Contract Price will be determined as follows: <br />1. where the Work involved is covered by unit prices contained in the Contract <br />Documents, then by application of such unit prices to the quantities of the items <br />involved (subject to the provisions of Paragraph 13.03); or <br />2. where the Work involved is not covered by unit prices contained in the Contract <br />Documents, then by a mutually agreed lump sum (which may include an allowance for <br />overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or <br />3. where the Work involved is not covered by unit prices contained in the Contract <br />Documents and the parties do not reach mutual agreement to a lump sum, then on <br />EJCDC® C-700, Standard General Conditions of the Construction Contract. <br />Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, <br />and American Society of Civil Engineers. All rights reserved. Page 44 of 65 <br />
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