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The Principle Representative shall promptly investigate the conditions, and if he finds that such <br /> conditions do materially so differ and cause an increase or decrease in the Contractor's cost of,or the <br /> time required for,performance of any part of the work under this Contract,whether or not changed as a <br /> result or such conditions, an equitable adjustment shall be made and the Contract modified in writing <br /> accordingly. <br /> (b) No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice <br /> required in(a)above;provided, however,the time prescribed therefor may be extended by the State. <br /> Article 38. CHANGES IN THE WORK <br /> The Principle Representative, without invalidating the Contract, may order extra work, or make any other reasonably <br /> related changes by altering adding to or deducting from the work;the contract price and time for completion of the work will <br /> 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 for extension of time <br /> caused by changes authorized in the change order shall be included in the written change order. <br /> The Principle Representative shall have authority to make minor changes in the work, not involving extra cost, and not <br /> inconsistent with the purpose of the work, but otherwise,except in an emergency endangering life or property, no extra <br /> work or change in the Contract Documents shall be made unless by a written No claim by the Contractor for an equitable <br /> adjustment hereunder shall be allowed if asserted after final payment under this Contract.change order,approved by the <br /> Principal Representative. No claim for any change to the Contract sum shall be valid unless so 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 or subsequently agreed upon; <br /> (c) By actual cost plus a fixed fee, or percentage, the latter agreed upon prior to starting the extra or <br /> changed work. <br /> Changed work shall be adjusted and considered separately for the work either added or omitted. The amount of <br /> adjustment for work omitted shall be estimated at the time it is authorized,and the agreed adjustment will be deducted from <br /> the subsequent monthly progress payments. <br /> Article 39. CLAIMS FOR EXTRA COST <br /> If the Contractor claims that any instructions,by drawings or otherwise,involve extra cost under this Contract,he shall give <br /> the Principle Representative written Notice thereof within a reasonable time after the receipt of such instructions. In any <br /> event,before proceeding to execute the work,except in emergency endangering life or property,the procedure shall be as <br /> provided for under Article 38,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 as the Principle <br /> Representative may direct,and shall present such account,supported by receipts. The Principal Representative shall be <br /> entitled to reject any claim for extra cost whenever the foregoing procedure is not followed. <br /> The payments to the Contractor in respect of such extra costs shall be limited to reimbursement for the current additional <br /> expenditure by the Contractor made necessary by the change in the work, plus a reasonable amount of overhead and <br /> profit, determined solely with reference to the additional work, if any, required by the change, at or prior to the time of <br /> making the change. <br /> Any claim by the Contractor arising by virtue of the Contract which is not disposed of by agreement shall be submitted in <br /> writing,together with any written and oral evidence in support thereof,to the Principle Representative for decision. Before <br /> making a decision the Principle Representative may notify the Contractor that additional written and/or oral evidence in <br /> support of the claim is required. If such notice is given, Contractor shall provide additional evidence to the Principle <br /> Representative within the time specified by the Principle Representative in the notice. The Principle Representative shall <br /> make his decision in writing and mail or otherwise furnish a signed copy to the Contractor. Pending the decision of the <br /> Principle Representative,the Contractor shall proceed diligently with the performance of the Contract. <br /> Article 40. LIQUIDATED DAMAGES <br /> If the Contractor shall neglect,fail or refuse to complete the work within the time agreed upon in this Agreement or any <br /> extension thereof, the Contractor shall be liable to the Principle Representative in the amount specified in the Special <br /> Conditions for this project for each and every calendar day the completion of the work is delayed beyond the time provided <br /> in this Agreement, as fixed and agreed liquidated damages, and not as a penalty. If the Principle Representative <br /> terminates the Contractor's right to proceed,the resulting damage will consist of liquidated damages until such reasonable <br /> time as may be required for final completion of the work along with any increased costs incurred by the Principle <br /> Representative in completing the work. If the Principle Representative does not terminate the Contractor's right to proceed, <br /> the resulting damage will consist of liquidated damages until the work is completed or accepted. <br /> The Principle Representative shall have the right to deduct from and retain out of monies which may be due or which may <br /> Colorado Division of Minerals and Geology GENERAL BID SPECIFICATIONS <br /> June 1,2002 Page 9 <br />