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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />10.3 Changes in the Contract Price <br />10.3.1. Any change in the Contract Price resulting from a Change Order shall <br />be determined as follows: (a) by mutual agreement between the City and the Contractor <br />as evidenced by (1) the change in the Contract Price being set forth in the Change Order, <br />(2) such change in the Contract Price, together with any conditions or requirements <br />related thereto, being initialed by both parties and (3) the Contractor's execution of the <br />Change Order, or (b) if no mutual agreement occurs between the City and the Contractor, <br />then, as provided in Subparagraph 10.3.2 below. <br />10.3.2 The Contractor shall be bound by the following conditions and procedures <br />governing additional work under the Contract. <br />10.3.2.1 Any change order must be recommended by the City's <br />representative and approved by the City before any steps are taken to implement <br />the change order. <br />10.3.2.2 Should the Contractor commence work. without malting a claim in <br />writing for unforeseen extra work encountered, it will be construed as an acceptance <br />and agreementthat such work is required under the Contract and no further claim <br />for such extras will be considered or allowed by the City. <br />10.3.2.3 Changes in the Work directed by the City's Representative shall <br />become part of the Contract only by written change order. <br />10.3.2.4 Information regarding changes in the Work for additional work, <br />credits and adjustments under the Contract shall be promptly transmitted in writing <br />by the Contractor to the City's Representative with full explanations and <br />justifications for consideration in preparing a change order to the Contract. <br />10.3.2.5 Contractor shall allow twenty-one (21) calendar days for the City's <br />Representative to review and respond to the City on Contractor submitted Requests <br />for Change Order pricing and Contractor submitted pricing for City initiated <br />proposal requests. This review time is only for correctly submitting pricing. <br />Submitted pricing found not to be in correct format, or containing pricing that <br />relates to Work clearly not part of the change, or contains Sub- Contractor pricing <br />not in the correct format, or contains Sub -Contractor pricing that relates to Work <br />clearly not part of the change, will not be reviewed and returned to the Contractor <br />for proper submission and as such, no Contractor claims for delay will be accepted <br />as a result of extended response time due to improper pricing submission. <br />10.3.2.6 The City's Representative will review properly submitted Contractor <br />pricing and compare submitted pricing with published pricing data contained in <br />the Building Cost Data, Mechanical Cost Data and Electrical Cost Data, latest <br />edition, as published by R.S. Means Company, Inc. Contractor submitted pricing <br />found to be in excess of five (5%) percent above the stated published pricing will <br />not be accepted and as such, no Contractor claims for delay will be accepted as a <br />ffin� <br />AUM CONSTRUCTION, INC. 25 <br />