specs

NAPA CENTURY CENTER XD 12
#165582
Document 00800
Page 5
7.1.4 At any time, the Owner may, through its Architect, without invalidating the Contract, order extra Work or make
scope changes by altering, adding, or deduction from the Work. However, no extra Work or scope change shall
be made unless pursuant to a written Change Order or Construction Change Directive singed by Owner and
Contractor. Furthermore, if the Contractor, without obtaining prior written authorization of the Owner,
performs any additions, deletions, or changes in the Work, the Contractor shall be liable for the entire cost
thereof, or for the removal thereof and restoration to the before-change condition, and shall further be liable for
any expense incurred by other contractors, agencies, or the Owner in adjusting their Work due to changes
initiated by the Contractor.
Add Paragraph 7.2.2 as follows:
7.2.2 The fee agreed upon for scope changes in the Work shall constitute the full overhead and profit charged for
said change in the Work. Change Orders for scope changes shall not include any claim for extended general
conditions or indirect costs such as additional supervision, temporary facilities, field overhead, or any impacted or
consequential damages caused by, or in any way the consequence of, said change in the Work, unless Contractor can
clearly demonstrate that the change has caused an impact on the general conditions cost or the Critical Path
Schedule for the Project. Furthermore, Contractor agrees to make no additional claim for extra costs or extensions of
Contract time within the scope of an agreed Change Order once a Change Order is signed.
Add Paragraphs 7.2.2.1 and 7.2.2.2 as follows:
7.2.2.1 Should Contractor claim any additional costs or delays for any other reason other than for a Scope Change,
such additional cost or delay shall be deemed a claim and will be agreed upon by Change Order or Construction
Change Directive in accordance with Article 15, Claims and Disputes of the General Conditions and
Supplementary Conditions of the Agreement as modified herein. All claims for costs for extended general
conditions, and/or indirect costs such as supervision, temporary facilities, and field overhead, plus any costs for
impacted damages, whether real or consequential, shall be included therein. All such claims for additional costs
or delays must be made within twenty-one (21) days of the cause of the claim for additional costs or delays;
otherwise, such claims shall be deemed to be waived. No additional claims for extra costs or extension of
Contract time within the scope of a specific claim will be allowed once a Change Order for the claim is signed.
7.2.2.2 Change Order Work for claims pursuant to subparagraphs 7.2.2.1 preceding will be performed at cost;
and no increase to the Contract Sum for the Work shall be allowed for increased or extended general conditions, and/or
indirect costs such as supervision, temporary facilities, and field overhead, nor any costs for impacted damages
whether real or consequential; nor any cost for Contractor’s overhead and profit (fee) unless specifically authorized
in writing by the Owner.
Add Subparagraph 7.3.3.5 as follows:
7.3.3.5 Determination by the above methods shall not include any costs for any extended or impacted general
conditions; and/or indirect costs such as supervision, temporary facilities, and field overhead, nor any costs for
impacted damages whether real or consequential unless it is demonstrated by Contractor that Contractor’s
general conditions and indirect costs or construction schedule is so impacted, and then only upon submittal of
supporting costs with sufficient detail to allow analysis by the Owner.
7.3.5 In the second line after the word “…Architect…” insert the words “…and Owner…”
7.3.7 In the second line delete the word “…determine…” and insert the word “…recommend…” In the sixth line
delete the word “…prescribe…” and insert the word “…recommend…”
Add Subparagraph 7.3.7.6 as follows:
7.3.7.6 Costs for items 7.3.7.1 through 7.3.7.5 above shall only be allowed if Contractor can clearly demonstrate to the
Owner that the change impacts Contractor’s costs accordingly.
7.3.8 In the second line delete the word “…Architect…” and insert the word “…Owner…”