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CONTRACTOR'S cost of, or the time required for, performance of any part of the <br /> work under this Contract, whether or not changed as a result or such conditions, an <br /> equitable adjustment shall be made and the Contract modified in writing accordingly. <br /> (b) No claim of the CONTRACTOR under this clause shall be allowed unless the <br /> CONTRACTOR has given the notice required in (a) above; provided, however, the <br /> time prescribed therefore may be extended by the State. <br /> Article 37. CHANGES IN THE WORK <br /> The Principal Representative, without invalidating the Contract, may order extra work, or make any <br /> other reasonably related changes by altering adding to or deducting from the work; the contract <br /> price and time for completion of the work will be adjusted accordingly by written change order. <br /> All such work shall be executed under the conditions of the original contract except that any claim <br /> for extension of time caused by changes authorized in the change order shall be included in the <br /> written change order. <br /> The Principal Representative shall have authority to make minor changes in the work, not involving <br /> extra cost, and not inconsistent with the purpose of the work, but otherwise, except in an <br /> emergency endangering life or property, no extra work or change in the Contract Documents shall <br /> be made unless by a change order. No claim by the CONTRACTOR for an equitable adjustment <br /> hereunder shall be allowed if asserted after final payment under this Contract, approved by the <br /> Principal Representative. No claim for any change to the Contract sum shall be valid unless so <br /> ordered. <br /> The value of any extra work or change shall be determined in one or more the following ways: <br /> (a) By estimate and acceptance in a lump sum; <br /> (b) By unit prices named in the Contract; <br /> (c) By actual cost plus a fixed fee, or percentage, the latter agreed upon prior to starting <br /> the extra or changed work. <br /> Changed work shall be adjusted and considered separately for the work either added or omitted. <br /> The amount of adjustment for work omitted shall be estimated at the time it is authorized, and the <br /> agreed adjustment will be deducted from the subsequent monthly progress payments. <br /> Article 38. CLAIMS FOR EXTRA COST <br /> If the CONTRACTOR claims that any instructions, by drawings or otherwise, involve extra cost <br /> under this Contract, he shall give the Principal Representative written Notice thereof within a <br /> reasonable time after the receipt of such instructions. In any event, before proceeding to execute <br /> the work, except in emergency endangering life or property, the procedure shall be as provided for <br /> under Article 35, CHANGES IN THE WORK. No such claim shall be valid unless so made. <br /> In all such cases, the CONTRACTOR shall keep a correct account of the extra cost, in such form <br /> as the Principal Representative may direct, and shall present such account, supported by receipts. <br /> The Principal Representative shall be entitled to reject any claim for extra cost whenever the <br /> foregoing procedure is not followed. <br /> The payments to the CONTRACTOR in respect of such extra costs shall be limited to <br /> reimbursement for the current additional expenditure by the CONTRACTOR made necessary by <br /> the change in the work, plus a reasonable amount of overhead and profit, determined solely with <br /> reference to the additional work, if any, required by the change, at or prior to the time of making the <br /> change. <br /> Colorado Division of Reclamation, Mining and Safety <br /> Page 13 of 22 Pages <br /> Revised: 7/18/2018 <br />