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<br />Agreement between Client, KCDA and Contractor - Washington Page 9
<br />156691459.1
<br />KCDA may, at its option, withhold payment, in whole or in
<br />part, to the Contractor until such documents are so furnished.
<br />The Contractor shall defend, indemnify, and hold harmless
<br />KCDA and the Client from any liens, including all expenses and
<br />attorneys’ fees. Nothing in the Contract Documents shall create
<br />any obligation on the part of KCDA, the Client, or A/E to pay
<br />or to see to the payment of any moneys due any Subcontractor
<br />of any tier or other person or entity, except as may otherwise be
<br />required by laws and regulations.
<br />
<br />ARTICLE 12
<br />CONSTRUCTION BY CLIENT OR BY
<br />SEPARATE CONTRACTORS
<br />
<br /> 12.1 The Client reserves the right to perform
<br />construction or operations related to the Project with the
<br />Client’s own forces and to award separate contracts in
<br />connection with other portions of the Project or other
<br />construction or operations on the site under conditions of the
<br />contract identical or substantially similar to those of the
<br />Contract Documents. The Contractor has the responsibility to
<br />coordinate its Work with such separate contractors and the
<br />Client’s own forces.
<br />
<br /> 12.2 The Contractor shall afford the Client and
<br />separate contractors reasonable opportunity for the introduction
<br />and storage of their materials and equipment and performance
<br />of their activities, and shall connect and coordinate the
<br />Contractor’s construction and operations as required by the
<br />Contract Documents.
<br />
<br />ARTICLE 13
<br />CHANGES IN THE WORK
<br />
<br /> 13.1 The Client, without invalidating the
<br />Agreement, may order changes in the Work consisting of
<br />additions, deletions or modifications (“Changes”), and the
<br />Contract Sum and Contract Time will be adjusted accordi ngly.
<br />Changes in the Work, the Contract Sum and/or the Contract
<br />Time shall be authorized only by written Change Order signed
<br />by KCDA, the Client, the A/E and the Contractor or by written
<br />Construction Change Directive signed by the Client and the
<br />A/E.
<br />
<br /> 13.1.1 Change Orders. A Change Order is a written
<br />instrument signed by KCDA, the Client, and the Contractor
<br />stating their agreement upon a change in the Work; the amount
<br />of the adjustment in the Contract Sum, if any; and the extent of
<br />the adjustment in the Contract Time, if any.
<br />
<br /> 13.1.2 Construction Change Directives. A
<br />Construction Change Directive is a written order prepared and
<br />signed by the Client and the A/E that directs a change in the
<br />Work and states a proposed basis for adjustment, if any, in the
<br />Contract Sum or Contract Time, or both. It shall be used in the
<br />absence of total agreement on the terms of a Change Order. The
<br />Contractor shall promptly proceed with the change in the Work
<br />described in the Construction Change Directive. As soon as
<br />possible, and within seven days of receipt, the Contractor shall
<br />advise KCDA and the Client in writing of the Contractor’s
<br />agreement or disagreement with the cost or the method, if any,
<br />provided in the Construction Change Directive for determining
<br />the proposed adjustment in the Contract Sum or Contract Time.
<br />
<br /> 13.2 Changes in the Work shall be priced using the
<br />Contractor’s unit prices and/or R.S. Means pricing as submitted
<br />in its Bid to KCDA or AEPA. If no such unit prices are listed
<br />for the Changes in the Work, and if the parties cannot agree on
<br />the cost or credit to KCDA and the Client from a Change in the
<br />Work, the Contractor shall keep and present, in such form as
<br />KCDA or the Client may prescribe, an itemized accounting
<br />together with supporting data. The total cost of any Change or
<br />Claim shall be limited to the reasonable value of the following:
<br />
<br /> 13.2.1 Direct labor costs: The effective
<br />W.D.O.L.&I. prevailing hourly wage for the laborers,
<br />journeymen, and foremen performing and/or directly
<br />supervising the Changed Work on the site. The premium
<br />portion of overtime wages may not be included unless pre-
<br />approved in writing by the Client. The hourly cost shall be
<br />based upon basic wages and mandatory fringe benefits and
<br />workers’ insurances.
<br />
<br /> 13.2.2 Direct material costs: An itemization of the
<br />quantity of materials necessary to perform the Change in the
<br />Work and the net cost therefor.
<br />
<br /> 13.2.3 Construction equipment usage costs: An
<br />itemization of the actual length of time construction equipment
<br />appropriate for the Work will be used solely on the Change in
<br />the Work at the Site times the lower of the actual rental receipt
<br />or applicable current state, NECA, EquipmentWatch, or MCA
<br />rental cost. Actual, reasonable mobilization costs are permitted
<br />if the equipment is brought to the Site solely for the Change in
<br />the Work. The rate for equipment necessarily standing by for
<br />future use on the Work shall be 50% of the rate established
<br />above.
<br />
<br /> 13.2.4 Cost of any change in insurance or bond
<br />premium. Upon request, the Contractor shall provide KCDA
<br />and the Client with supporting documentation.
<br />
<br /> 13.2.5 Subcontractor costs: Payments the
<br />Contractor makes to Subcontractors for Changed Work
<br />performed by Subcontractors of any tier. The cost of Work for
<br />Subcontractors of any tier shall be determined in the same
<br />manner as prescribed in this Section 13.2.
<br />
<br /> 13.2.6 Fee: The allowance for all combined
<br />overhead, profit, and other costs, including all office, home
<br />office, extended and site overhead (including project manager,
<br />project engineer, superintendent and general foreman time), and
<br />all delay and including impact costs of any kind, added to the
<br />total cost to the Client of any Change Order or any Claim for
<br />additional work or extra payment of any kind on this Project
<br />shall be calculated consistent with the provisions of the KCDA
<br />contract. The change order must be signed by both the Client
<br />and Contractor.
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