Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following: Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work. If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official. In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
Appears in 5 contracts
Sources: Standard Contract, Standard Contract, Licensing Agreement
Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following: Sample Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work. If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official. In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
Appears in 1 contract
Sources: Standard Contract
Changes and Extra Work. All changes and/or extra work under this Contract Agreement shall be performed and paid for in accordance with the following: :
a) Only the City Council or the City Manager may authorize extra and/or changed work. Contractor Vendor expressly recognizes that other City personnel are without authorization to either order extra and/or changed change work or waive contract Agreement requirements. Failure of Contractor Vendor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract Agreement price due to such unauthorized work and Contractor Vendor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work. .
b) If Contractor Vendor is of the opinion that any work which Contractor Vendor has been directed to perform is beyond the scope of this Contract Agreement and constitutes extra work, Contractor Vendor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract Agreement and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor Vendor on a fair and equitable basis. A change order or Contract Agreement Amendment providing for such compensation for extra work shall be negotiated between City and Contractor Vendor and executed by Contractor Vendor and the appropriate City official. .
c) In the event City determines that such work does not constitute extra work, Contractor Vendor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to ContractorVendor. Said written appeal shall include a description of each and every ground upon which Contractor Vendor challenges the staff's determination.
Appears in 1 contract
Sources: Software License Agreement