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' 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the Work, <br />to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.22 and <br />1 any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the <br />CONSULTANT. <br />10.5 It is the CONTRACTOR'S responsibility to notify his Surety of any changes affecting the general scope of the <br />' Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted <br />accordingly. The CONTRACTOR will furnish proof of such an adjustment to the CITY. <br />iARTICLE 11 - CHANGE OF CONTRACT PRICE <br />11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for performing the Work. <br />All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at their expense <br />without changing the Contract Price. <br />11.2 (a) The CITY may, at anytime, without written notice to the sureties, by written order designated or indicated <br />tto be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited <br />to changes: <br />(1) in the specifications (including drawings and designs); <br />(2) in the method or manner of performance of the Work. <br />' (3) in the CITY- furnished facilities, equipment, materials, services, or site; <br />or <br />(4) directing acceleration in the performance of the Work <br />' (b) Except as herein provided, no order, statement, or conduct of the CITY shall be treated as a change under <br />this clause or entitle the CONTRACTOR to an equitable adjustment hereunder. <br />' (c) If any change order under this clause causes an increase or decrease in the CONTRACTOR'S cost of, or <br />the time required for, the performance of any part of the Work, under this Contract, whether or not changed by <br />any order, an equitable adjustment shall be made and the Contract modified in writing accordingly. <br />(d) If the CONTRACTOR intends to assert a claim for an equitable adjustment under this clause, he must, <br />within ten (10) days after receipt of a written Change Order, submit to the CITY and CONSULTANT a written <br />notice including a statement setting forth the general nature and monetary extent of such claim, and supporting <br />' data. <br />(e) No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not <br />submitted in accordance with this section or if asserted after final payment under this Contract. <br />11.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract <br />1 Price shall be determined in one of the following ways: <br />11.3.1 By negotiated lump sum. <br />11.3.2 On the basis of the cost of the Work, determined as provided in Sections 11.4 and 11.5, plus a mutually <br />agreed upon fee to the CONTRACTOR and to cover overhead and profit. <br />'00710-18 <br />