Common use of Changes and Extra Work Clause in Contracts

Changes and Extra Work. A. DISTRICT may, as provided by law and, without invalidating this Contract, order extra work or make changes by altering, adding to, or deducting from work and the Contract sum shall be adjusted accordingly. Upon a change order request by the DISTRICT or the DISTRICT’S representative, the CONTRACTOR shall submit a breakdown of all costs and/or credits incurred to accomplish the requested change, including subcontractor(s) and supplier(s) written quotations for the extra work or change in work. The breakdown shall be of sufficient detail to allow justification of additional costs and/or credits. CONTRACTOR shall submit the actual completed takeoff and pricing. Time extension(s) will not be granted for insufficient breakdown data that requires re-submittal, or for pricing that in the judgment of the DISTRICT is not consistent with reasonable cost. All the Work shall be subject to the conditions of this Contract and it shall be in accordance with all applicable legal requirements including, but not limited to, the provisions of Title 24 of the California Code of Regulations except that any claim for extension of time caused by changes shall be adjusted at the time of ordering the change. DISTRICT has the discretionary authority to order changes on a time and material basis, with adjustments to time, made after CONTRACTOR has justified, through documentation, the impact on the critical path of the Project. The issuance of a change order pursuant to this Section in connection with any change authorized by the DISTRICT under this Section shall not be deemed a condition precedent to CONTRACTOR’s obligation to promptly commence and diligently complete any such change authorized in writing by the DISTRICT hereunder. The DISTRICT's right to make changes shall not invalidate the Contract nor relieve the CONTRACTOR of any liability or other obligations under the Contract Documents. Any requirement of notice of changes in the scope of Work to the Surety shall be the responsibility of the CONTRACTOR. The DISTRICT may make changes to bring the Work or the Project into compliance with environmental requirements or standards established by local, state or federal statutes, codes, ordinances, and/or regulations enacted after award of the Contract. B. Notwithstanding any other provision in the Contract Documents, the adjustment in the Contract sum, if any, and the adjustment in the Contract time, if any, set out in a change order shall constitute the entire compensation and/or adjustment in the Contract time due CONTRACTOR arising out of the change in the Work. The amount of the compensation due CONTRACTOR shall be calculated pursuant to subparagraph I of this Section. The entire compensation shall not include delay damages (due to processing of a change order and/or refusal to sign a change order) and/or indirect, consequential, and/or incidental costs including any project management costs, extended home office and field office overhead, administrative costs, and/or profit, other than those amounts authorized under subparagraph I of this Section. If the DISTRICT approves of a change, a written change order prepared on behalf of the DISTRICT shall be forwarded to the CONTRACTOR describing the change and setting forth the adjustment to the Contract Time and the Contract Price, if any, on account of such change. All change orders shall be in full payment and final settlement of all claims for direct, indirect and consequential costs, including without limitation, costs of delays or impacts related to, or arising out of, items covered and affected by the change order, as well as any adjustments to the Contract Time. Any claim or item relating to any change incorporated into a change order not presented by the CONTRACTOR for inclusion in the change order shall be deemed waived. The CONTRACTOR shall execute the change order prepared pursuant to the foregoing. Once the change order has been prepared and forwarded to the CONTRACTOR for execution, without the prior approval of the DISTRICT which may be granted or withheld in the sole and exclusive discretion of the DISTRICT, the CONTRACTOR shall not modify or amend the form or content of such change order, or any portion thereof. The CONTRACTOR's attempted or purported modification or amendment of any such change order, without the prior approval of the DISTRICT, shall not be binding upon the DISTRICT; any such unapproved modification or amendment to such change order shall be null, void and unenforceable. In the event of any amendment or modification made by the CONTRACTOR to a change order for which there is no prior approval by the DISTRICT, in accordance with the provisions of this Section, unless otherwise expressly stated in its approval or ratification of such change order, any action of the Board of Education to approve or ratify such change order shall be deemed to be limited to the change order as prepared by the ARCHITECT; such approval or ratification of such change order shall not be deemed the DISTRICT's approval or ratification of any unapproved amendment or modification by the CONTRACTOR to such change order. C. In giving instructions, the ARCHITECT/ENGINEER shall have authority to make minor changes in work not involving a change in cost, and not inconsistent with purposes of the Project. Any minor changes affecting building structure or fire ratings shall be by formal Change Order and will require approval by the Division of the State Architect or State Fire ▇▇▇▇▇▇▇▇. Otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless made pursuant to a written order from DISTRICT and no claim for any addition to the Contract amount shall be valid unless by action of the governing board of DISTRICT. Within fifteen (15) days after receipt of a written order directing a change in the Work or furnishing the written notice regarding any oral order directing a change in the Work, the CONTRACTOR shall submit to the DISTRICT a detailed written statement setting forth the amount of any adjustment to the Contract Price on account thereof, properly itemized and supported by sufficient substantiating data to permit evaluation of the same, and the extent of adjustment of the Contract Time, if any, required by such change. No claim or adjustment to the Contract Price or the Contract Time shall be allowed if not asserted by the CONTRACTOR in strict conformity herewith or if asserted after Final Payment is made under the Contract Documents.

Changes and Extra Work. A. DISTRICT may, as provided by law and, without invalidating this Contract, a) The County reserves the right to order extra work or make changes by altering, adding which may result in additions to, reductions to or deducting deletions from the amount, type or value of the work and the Contract sum required by this Agreement. Any such work shall be adjusted accordinglyknown as "Extra Work". Upon a change order request It is understood and agreed by the DISTRICT Contractor that the amount to be paid or deducted from payment by the DISTRICT’S representative, the CONTRACTOR shall submit a breakdown of all costs and/or credits incurred to accomplish the requested change, including subcontractor(s) and supplier(s) written quotations County for the extra work or change in work. The breakdown shall be of sufficient detail to allow justification of additional costs and/or credits. CONTRACTOR shall submit the actual completed takeoff and pricing. Time extension(s) will not be granted for insufficient breakdown data that requires re-submittal, or for pricing that in the judgment of the DISTRICT is not consistent with reasonable cost. All the Extra Work shall be subject to computed on the conditions basis of this Contract and it the applicable rates set forth in the Price Schedule for equivalent items as determined by the County Project Manager. Extra Work so ordered must be performed by the Contractor. b) No Extra Work shall be in accordance with all applicable legal requirements including, but not limited to, the provisions of Title 24 performed except pursuant to written orders of the California Code of Regulations except that any claim for extension of time caused by changes shall be adjusted at County Project Manager expressly and unmistakably indicating his intention to treat the time of ordering the change. DISTRICT has the discretionary authority to order changes on a time and material basis, with adjustments to time, made after CONTRACTOR has justified, through documentation, the impact on the critical path of the Project. The issuance of a change order pursuant to this Section in connection with any change authorized by the DISTRICT under this Section shall not be deemed a condition precedent to CONTRACTOR’s obligation to promptly commence and diligently complete any such change authorized in writing by the DISTRICT hereunder. The DISTRICT's right to make changes shall not invalidate the Contract nor relieve the CONTRACTOR of any liability or other obligations under the Contract Documents. Any requirement of notice of changes in the scope of Work to the Surety shall be the responsibility of the CONTRACTOR. The DISTRICT may make changes to bring the Work or the Project into compliance with environmental requirements or standards established by local, state or federal statutes, codes, ordinances, and/or regulations enacted after award of the Contract. B. Notwithstanding any other provision in the Contract Documents, the adjustment in the Contract sum, if any, and the adjustment in the Contract time, if any, set out in a change order shall constitute the entire compensation and/or adjustment in the Contract time due CONTRACTOR arising out of the change in the work described therein as Extra Work. The amount of the compensation due CONTRACTOR shall be calculated pursuant to subparagraph I of this Section. The entire compensation shall not include delay damages (due to processing of a change order and/or refusal to sign a change order) and/or indirect, consequential, and/or incidental costs including any project management costs, extended home office and field office overhead, administrative costs, and/or profit, other than those amounts authorized under subparagraph I of this Section. If the DISTRICT approves of a change, a written change order prepared on behalf of the DISTRICT shall be forwarded to the CONTRACTOR describing the change and setting forth the adjustment to the Contract Time and the Contract Price, if any, on account of such change. All change orders shall be in full payment and final settlement of all claims for direct, indirect and consequential costs, including without limitation, costs of delays or impacts related to, or arising out of, items covered and affected by the change order, as well as any adjustments to the Contract Time. Any claim or item relating to any change incorporated into a change order not presented by the CONTRACTOR for inclusion in the change order shall be deemed waived. The CONTRACTOR shall execute the change order prepared pursuant to the foregoing. Once the change order has been prepared and forwarded to the CONTRACTOR for execution, without the prior approval of the DISTRICT which may be granted or withheld in the sole and exclusive discretion of the DISTRICT, the CONTRACTOR shall not modify or amend the form or content of such change order, or any portion thereof. The CONTRACTOR's attempted or purported modification or amendment of any such change order, without the prior approval of the DISTRICT, shall not be binding upon the DISTRICT; any such unapproved modification or amendment to such change order shall be null, void and unenforceable. In the absence of such an order, if the County Project Manager shall direct, order or require any work which the Contractor deems to be Extra Work, the Contractor shall nevertheless comply therewith and shall promptly, and in no event after beginning the performance thereof or incurring cost attributable thereto, give written notice to the County Project Manager stating why he/she deems such work (hereinafter “Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to County Project Manager to cancel promptly such order, direction or requirement; (2) affording an opportunity to the County Project Manager to keep an accurate record of the materials, labor and other items involved; and (3) affording an opportunity to the County to take such action as it may deem advisable in light of such disputed work. c) No change in or modification, termination or discharge of this Agreement in any amendment form whatsoever, shall be valid or modification made enforceable unless it is in writing and signed by the CONTRACTOR party to be charged therewith or his duly authorized representative; provided, however, that any change in or modification, termination or discharge of this Agreement, expressly provided for in this Agreement shall be effective as so provided. The County may only be bound hereunder by a change properly authorized officer of the County. d) In the event that the County shall order Extra Work for which there is are no prior approval applicable rates set forth in the Price Schedule for equivalent items as determined by the DISTRICTCounty Project Manager, in accordance with it is understood and agreed by the provisions of this Section, unless otherwise expressly stated in its approval or ratification Contractor that the County and the Contractor shall negotiate a mutually agreeable price to be paid by the County for the Contractor's performance of such change order, any action of the Board of Education to approve or ratify such change order shall be deemed to be limited to the change order as prepared by the ARCHITECT; such approval or ratification of such change order shall not be deemed the DISTRICT's approval or ratification of any unapproved amendment or modification by the CONTRACTOR to such change orderExtra Work. C. In giving instructions, the ARCHITECT/ENGINEER shall have authority to make minor changes in work not involving a change in cost, and not inconsistent with purposes of the Project. Any minor changes affecting building structure or fire ratings shall be by formal Change Order and will require approval by the Division of the State Architect or State Fire ▇▇▇▇▇▇▇▇. Otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless made pursuant to a written order from DISTRICT and no claim for any addition to the Contract amount shall be valid unless by action of the governing board of DISTRICT. Within fifteen (15) days after receipt of a written order directing a change in the Work or furnishing the written notice regarding any oral order directing a change in the Work, the CONTRACTOR shall submit to the DISTRICT a detailed written statement setting forth the amount of any adjustment to the Contract Price on account thereof, properly itemized and supported by sufficient substantiating data to permit evaluation of the same, and the extent of adjustment of the Contract Time, if any, required by such change. No claim or adjustment to the Contract Price or the Contract Time shall be allowed if not asserted by the CONTRACTOR in strict conformity herewith or if asserted after Final Payment is made under the Contract Documents.