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City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />the equipment will be considered as a separate direct cost associated with the <br />change order work. No recovery will be allowed for heavy or specialized <br />equipment that is already on the jobsite and is necessary to complete work of the <br />original contract. No recovery will be allowed for hand tools, power tools, minor <br />equipment, work vehicles (including pickup trucks and cargo vans), simple <br />scaffolds, etc. The longest period of time that the equipment is to be required for <br />the work will be the basis for pricing. Downtime due to repairs, maintenance and <br />weather delays will not be allowed. <br />10.4 Minor Changes <br />10.4.1 The City's Representative, after first obtaining express written approval <br />frorn the City, shall have authority to alder minor changes in the Work not involving <br />a change in the Contract Price or an extension of the Contract Time and not inconsistent <br />with the intent of this Contract. Such minor changes shall be made by written Field <br />Order, and shall be binding upon the City and the Contractor. The Contractor shall <br />promptly carry out such written Field Orders. <br />10.5 Effect of Executed Change Order <br />10.5.1. The execution of a Change Order by the Contractor shall constitute <br />conclusive evidence of the Contractor's agreement to the ordered changes in the Work, <br />this Contract as thus amended, the Contract Price and the Contract Time. The <br />Contractor, by executing the Change Order, waives and forever releases any claim <br />against the City for additional time or compensation for matters relating to or arising <br />out of or resulting from the Work included within or affected by the executed Change <br />Order. <br />10.6 Notice to Surety; Consent <br />10.6.1 As a condition precedent for the certification, approval or payment of any <br />Application for Payment, or as a condition precedent for the approval or execution by the <br />City of any Change Order, or as a condition precedent for any action required by the City <br />under this Contract, the City may demand and the Contractor shall furnish, an <br />appropriately executed Consent of Surety in such form as the City may specify. <br />10.7 Emergency Change Orders <br />10.7.1 In an emergency that presents immediate danger to person or property, <br />the City's designated representative may order a change in the Work that shall be <br />documented within three (3) days from the inception of said emergency in accordance <br />with the change order requirements of Article X of this Contract. <br />10.8 Construction Change Directive <br />10.8.1 If the City and the Contractor cannot agree on the cost of a change in the Work, <br />the City may issue a written Construction Change Directive ordering a change in the <br />n <br />AUM CONSTRUCTION, INC. 28 <br />