Common use of Extra Work Clause in Contracts

Extra Work. If the consultant believes that any work is or may be beyond the scope of the Agreement (extra work), the consultant shall notify the STATE, in writing, via a Project Change Request, of this fact prior to beginning any of the work. The Project Change Request shall contain all the information required by NYSDOT, including but not limited to the following: 1) a short description of the proposed change, 2) a short description of the proposed solution, and 3) the estimated hours to complete the change. The total cost of the change shall include both labor and material costs. The labor cost shall not exceed an amount calculated by multiplying the number of labor hours by the currently applicable hourly rate for each labor category as defined in the Agreement. The consultant shall provide the appropriate documentation to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended by both the consultant and NYSDOT before such a request for approval for extra work can be considered by the STATE. No extra work shall be started prior to written authorization from the STATE. The STATE shall be the sole judge as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. If the STATE determines that extra work is warranted, and additional funds are needed, a Supplemental Agreement providing for compensation and describing the work authorized shall be issued by the STATE to the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, the NYS Office of the State Comptroller and, if required, the Federal Highway Administration. The STATE shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will deliver the Project Change Request at the agreed-upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE shall be under no obligation to reimburse the Consultant for any extra work performed without the prescribed notification and authorization. 4.5.1 In the event of any claims being made or any actions being brought in connection with the PROJECT, the Consultant agrees to render to the STATE all assistance required by the STATE. Work that the Consultant is obligated to perform in accordance with the Scope of Services shall be performed without cost to the STATE. Compensation for other work performed and costs incurred by the Consultant in connection with this requirement shall be made in a fair and equitable manner in accordance with Article 4.5,

Extra Work. If the consultant Consultant believes that any work is or may be beyond the scope of the Agreement (extra work), the consultant Consultant shall notify the STATEState, in writing, writing via a Project Change Request, of this fact prior to beginning any of the work. The Project Change Request shall contain all the information required by the NYSDOT, including including, but not limited to to, the following: 1) a short description of the proposed change, 2) ; a short description of the proposed solution, ; and 3) the estimated hours to complete the change. The total cost of the change shall include both labor and material costs. The labor cost shall not exceed an amount to be calculated by multiplying the number of labor hours multiplied by the currently applicable Contract hourly rate for each labor category as defined in the Agreement. The consultant Consultant shall provide the appropriate documentation to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended require input and collaboration by require by both the consultant and NYSDOT before such a request the Consultant’s Project Change Request for approval for extra work can may be considered by the STATEState. No extra work shall be started prior to written authorization from the STATEState. The STATE State shall be the sole judge as to whether or not such work is, is in fact, fact beyond the scope of this Agreement and constitutes extra work. If the STATE State determines that extra work is warranted, and additional funds are needednecessary, a Supplemental Agreement providing for compensation and describing the work authorized shall be issued by the STATE to the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, General’s Office and from the NYS Office of the State Comptroller Comptroller, and, if required, from the Federal Highway Administration. The STATE State shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will Consultant shall deliver the Project Change Request at the agreed-agreed upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE State shall be under no obligation to reimburse the Consultant for any extra work performed without the prescribed notification and authorization. 4.5.1 In the event of any claims being made or any actions being brought in connection with the PROJECTProject, the Consultant agrees to render to the STATE State all assistance required by the STATEState. Work that which the Consultant is obligated to perform in accordance with the Scope of Services shall be performed without additional cost to the STATEState. Compensation for other work performed and costs incurred by the Consultant in connection with this requirement shall be made in a fair and equitable manner by in accordance with Article 4.5,

Extra Work. If a. Although the consultant believes that any work is or may intended to be beyond a turn-key project, SFWPA reserves the scope right at any time during the course of the Agreement (contract to order the CONTRACTOR to perform extra work), furnish extra material or equipment, or to make changes altering, adding to, or deducting from the work, without invalidating the contract or bonds. Changes shall not be binding upon either SFWPA or the CONTRACTOR unless made in writing in accordance with this section. b. Changes shall originate with SFWPA who will transmit to the CONTRACTOR a written request for a proposal covering the requested change, setting forth the work in detail. Upon receipt of such request, the consultant CONTRACTOR shall notify the STATEpromptly submit in writing to SFWPA a proposal offering to perform such change, in writinga request for any required extension of time caused by such change, via a Project Change Request, of this fact prior to beginning any and an itemized statement of the work. The Project Change Request shall contain all the information required by NYSDOT, including but not limited to the following: 1) a short description of cost or credit for the proposed change, 2) a short description . Failure of the proposed solutionCONTRACTOR to include a request for extension of time in the proposal shall constitute conclusive evidence that such extra work or revisions will entail no delay and that no extension of time will be required. c. If the CONTRACTOR's proposal is accepted and authorized by SFWPA, a written Change Order will be issued by SFWPA stating that the extra work or change authorized, and 3) granting any required adjustments of contract price and of time of completion. d. SFWPA may order the CONTRACTOR, by a written Change Order, to perform extra work or to make changes on a cost-plus basis. Such Change Order shall specify the estimated hours amount of the payment to complete be made and the changetime extension to be allowed for such work or changes. The total CONTRACTOR shall perform such work and shall furnish the District with itemized bills only for the actual cost of labor, materials, equipment use, transportation, tools, necessary incidentals, and insurance, plus a charge not exceeding 15 percent (15%) of the actual cost of the change shall include both labor foregoing items to cover all other expenses and material costs. profit of the CONTRACTOR and subcontractors for such work or changes. e. The labor cost shall not exceed an amount calculated by multiplying the number performance of labor hours by the currently applicable hourly rate for each labor category as defined in the Agreement. The consultant shall provide the appropriate documentation to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended by both the consultant and NYSDOT before such a request for approval for extra work can or changes pursuant to Change Order shall be considered by the STATEin accordance with this Agreement (and any bonds). No extra work shall be started prior to written authorization from the STATE. The STATE performed and no change shall be the sole judge as made unless pursuant to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. If the STATE determines that extra work is warrantedwritten Change Order, and additional funds are needed, a Supplemental Agreement providing no claim for compensation and describing an addition to the work authorized contract price shall be issued by the STATE to the Consultant valid unless so ordered. f. If CONTRACTOR has any claims for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, the NYS Office of the State Comptroller and, if required, the Federal Highway Administration. The STATE shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will deliver the Project Change Request at the agreed-upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE shall be under no obligation to reimburse the Consultant for any extra work performed without the prescribed notification and authorization. 4.5.1 In the event of any delays, disruption or damages against SFWPA, such claims being made or any actions being brought in connection with the PROJECT, the Consultant agrees to render to the STATE all assistance required by the STATE. Work that the Consultant is obligated to perform in accordance with the Scope of Services shall be performed without cost to the STATE. Compensation for other work performed and costs incurred by the Consultant in connection with this requirement shall be made in writing, with supporting data, to SFWPA within ten (10) days of the first occurrence or condition giving rise to the claim. Such claims shall be processed by SFWPA as requests for change orders under this General Condition 8. Failure of CONTRACTOR to give written notice as provided in this paragraph shall be deemed a fair and equitable manner in accordance with Article 4.5,waiver of such claim.

Extra Work. If the consultant believes that any work is or may be beyond the scope of the Agreement (extra work), the consultant shall notify the STATEState, in writing, via a Project Change Request, of this fact prior to beginning any of the work. The Project Change Request shall contain all the information required by the NYSDOT, including including, but not limited to the following: 1) a short description of the proposed change, 2) ; a short description of the proposed solution, ; and 3) the estimated hours to complete the change. The total cost price of the change shall include both labor and material costs. The labor cost shall not exceed an amount to be calculated by multiplying the number of labor hours multiplied by the currently applicable hourly rate for each labor category as defined in the Agreement. The consultant shall provide the appropriate documentation to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended by both the consultant and NYSDOT before such a request for approval for extra work can be considered by the STATEState. No extra work shall be started prior to written authorization from the STATEState. The STATE State shall be the sole judge as to whether or not such work is, is in fact, fact beyond the scope of this Agreement and constitutes extra work. If the STATE State determines that extra work is warranted, and additional funds are needed, a Supplemental Agreement providing for compensation and describing the work authorized shall be issued by the STATE to the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, the NYS Office of the necessary State Comptroller officials and, if required, from the Federal Highway Administration. The STATE State shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will deliver the Project Change Request at the agreed-agreed upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE State shall be under no obligation to reimburse the Consultant for any extra work performed without the prescribed notification and authorization. 4.5.1 In the event of any claims being made or any actions being brought in connection with the PROJECT, the Consultant agrees to render to the STATE State all assistance required by the STATEState. Work that which the Consultant is obligated to perform in accordance with the Scope of Services shall be performed without cost to the STATEState. Compensation for other work performed and costs incurred by the Consultant in connection with this requirement shall be made in a fair and equitable manner by in accordance with Article section 4.5,

Extra Work. If the consultant believes that any work is or may be beyond the scope of the Agreement AGREEMENT (extra work), the consultant shall notify the STATE, in writing, via a Project Change Request, of this fact prior to beginning any of the work. The Project Change Request shall contain all the allthe information required by the NYSDOT, including including, but not limited to the following: 1) , a short description of the proposed change, 2) a short description of the proposed solution, and 3) the estimated hours to complete the change. The total cost price of the change shall include both labor and material costs. The labor cost shall not exceed an amount be calculated by multiplying the number of labor hours multiplied by the currently applicable hourly rate for each labor category as defined in the Agreement. The consultant shall provide the appropriate documentation to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended by both the consultant and NYSDOT before such a request for approval for extra work can be considered by the STATE. No extra work shall be started prior to written authorization from the STATE. The STATE shall be the sole judge as to whether or not such work is, is in fact, fact beyond the scope of this Agreement AGREEMENT and constitutes extra work. If the STATE State determines that extra work is warranted, and additional funds are needed, a Supplemental Agreement AGREEMENT providing for compensation and describing the work authorized shall be issued by the STATE to the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, the NYS Office of the necessary State Comptroller officials and, if required, from the Federal Highway Administration. The STATE State shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will deliver the Project Change Request at the agreed-agreed upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE shall be under no obligation to reimburse the Consultant for any extra work performed without the prescribed notification and authorization. 4.5.1 In the event of any claims being made or any actions being brought in connection with the PROJECT, the Consultant agrees to render to the STATE all assistance required by the STATE. Work that which the Consultant is obligated to perform in accordance with the Scope of Services shall be performed without cost to the STATE. Compensation for other work performed and costs incurred by the Consultant Consulatant in connection with this requirement shall be made in a fair and equitable manner by in accordance with Article section 4.5,

Extra Work. If a) Although the consultant believes that any work is or may intended to be beyond a turn-key project, SFWPA reserves the scope right at any time during the course of the Agreement (contract to order the CONTRACTOR to perform extra work), furnish extra material or equipment, or to make changes altering, adding to, or deducting from the work, without invalidating the contract or bonds. Changes shall not be binding upon either SFWPA or the CONTRACTOR unless made in writing in accordance with this section. b) Changes shall originate with SFWPA who will transmit to the CONTRACTOR a written request for a proposal covering the requested change, setting forth the work in detail. Upon receipt of such request, the consultant CONTRACTOR shall notify the STATEpromptly submit in writing to SFWPA a proposal offering to perform such change, in writinga request for any required extension of time caused by such change, via a Project Change Request, of this fact prior to beginning any and an itemized statement of the work. The Project Change Request shall contain all the information required by NYSDOT, including but not limited to the following: 1) a short description of cost or credit for the proposed change, 2) a short description . Failure of the proposed solutionCONTRACTOR to include a request for extension of time in the proposal shall constitute conclusive evidence that such extra work or revisions will entail no delay and that no extension of time will be required. c) If the CONTRACTOR's proposal is accepted and authorized by SFWPA, a written Change Order will be issued by SFWPA stating that the extra work or change authorized, and 3granting any required adjustments of contract price and of time of completion. d) If an agreement is not reached, SFWPA may order the CONTRACTOR, by a written Change Order, to perform extra work or to make changes on a cost-plus basis. Such Change Order shall specify the estimated hours amount of the payment to complete be made and the changetime extension to be allowed for such work or changes. The total CONTRACTOR shall perform such work and shall furnish the SFWPA with itemized bills only for the actual cost of labor, materials, equipment use, transportation, tools, necessary incidentals, and insurance, plus a charge not exceeding 15 percent (15%) of the actual cost of the change shall include both labor foregoing items to cover all other expenses and material costs. The labor cost shall not exceed an amount calculated by multiplying profit of the number of labor hours by the currently applicable hourly rate CONTRACTOR and subcontractors for each labor category as defined in the Agreement. The consultant shall provide the appropriate documentation to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended by both the consultant and NYSDOT before such a request for approval for extra work can or changes. e) The performance of extra work or changes pursuant to Change Order shall be considered by the STATEin accordance with this Agreement (and any bonds). No extra work shall be started prior to written authorization from the STATE. The STATE shall be the sole judge as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. If the STATE determines that extra work is warranted, and additional funds are needed, a Supplemental Agreement providing for compensation and describing the work authorized shall be issued by the STATE to the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, the NYS Office of the State Comptroller and, if required, the Federal Highway Administration. The STATE shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will deliver the Project Change Request at the agreed-upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE shall be under no obligation to reimburse the Consultant for any extra work performed without the prescribed notification and authorization. 4.5.1 In the event of any claims being made or any actions being brought in connection with the PROJECT, the Consultant agrees to render to the STATE all assistance required by the STATE. Work that the Consultant is obligated to perform in accordance with the Scope of Services shall be performed without cost to the STATE. Compensation for other work performed and costs incurred by the Consultant in connection with this requirement no change shall be made unless pursuant to such written Change Order, and no claim for an addition to the contract price shall be valid unless so ordered. f) If CONTRACTOR disputes SFWPA’s determination of compensation or time extensions for extra work or changes, it shall proceed as provided in Section 9, Dispute Resolution; Venue. Failure of CONTRACTOR to comply with that section shall be deemed a fair and equitable manner waiver of such claim. CONTRACTOR shall in accordance any case proceed with Article 4.5,the work as directed.

Extra Work. If Make any revisions, additions, deletions, modifications, corrections, substitutions, or changes to the consultant believes that any work is or changes in operations performed by the Consulting Engineer as may be beyond ordered by the scope Municipality or any of its duly authorized representatives at any time during the Agreement (extra work), the consultant shall notify the STATE, in writing, via a Project Change Request, life of this fact prior to beginning any of the workAgreement. The Project Change Request shall contain all the information required by NYSDOTNo additional payment will be made for such revisions, including but not limited additions, deletions, modifications, corrections, substitutions, or changes to the following: 1work or operations, unless such changes constitute Extra Work. Extra Work is defined as follows: (a) a short description of the proposed change, 2) a short description of the proposed solution, and 3) the estimated hours to complete the change. The total cost of the change shall include both labor and material costs. The labor cost shall not exceed an amount calculated by multiplying the number of labor hours Such additional work as ordered by the currently applicable hourly rate for each labor category as defined in the Agreement. The consultant shall provide the appropriate documentation to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended by both the consultant and NYSDOT before such a request for approval for extra work can be considered by the STATE. No extra work shall be started prior to written authorization from the STATE. The STATE shall be the sole judge as to whether or not such work is, in fact, Municipality beyond the scope of this Agreement to the extent that such work will not be reflected in the payment for services specified in Paragraph (40) of this Agreement. (b) Such work as shall supersede or revise completed work that has been accepted in writing by the Municipality. Changes such as those to effect refinements in the work or inspection documents and constitutes extra worksuch as those made necessary by errors, omissions, oversight or neglect on the part of the Consulting Engineer, will not be considered Extra Work. In the event that changes in the Consulting Engineer's work or operations are suggested which, in the opinion of the Consulting Engineer, would result in Extra Work, he shall immediately submit complete documentation of the claim and upon the Municipality's concurrence shall submit an estimate of the cost for the Extra Work and refrain from working on the Extra Work item while the Municipality reviews the claim, or proceed otherwise if specifically directed by the Municipality. If approval is denied, the STATE determines that extra work is warranted, and additional funds are needed, a Supplemental Agreement providing for compensation and describing Consulting Engineer shall continue to process the work authorized without delay and payment will be made according to the terms of this Agreement. No work, other than that for which a claim is being reviewed, shall be issued delayed pending a decision of the Municipality. Unless the Consulting Engineer identifies and the Municipality acknowledges Extra Work prior to its performance, the Municipality will not be obligated to consider it as Extra work after the fact. Extra Work costs shall be segregated by the STATE Consulting Engineer to facilitate audit at a later date by the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, the NYS Office of Municipality and the State Comptroller and, if required, or the Federal Highway Administration. The STATE shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will deliver the Project Change Request at the agreed-upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE shall be under no obligation to reimburse the Consultant for any extra work performed without the prescribed notification and authorization. 4.5.1 In the event of any claims being made or any actions being brought in connection with the PROJECT, the Consultant agrees to render to the STATE all assistance required by the STATE. Extra Work that results in a cumulative fee exceeding the Consultant is obligated to perform amount specified in accordance with the Scope of Services Paragraph (41) shall be performed without cost to the STATE. Compensation and paid for other work performed and costs incurred by the Consultant in connection with under a supplemental agreement specifically drawn for this requirement shall be made in a fair and equitable manner in accordance with Article 4.5,work.

Extra Work. If The Cost of any extra work shall not include the consultant believes costs of service vehicles or the wages of the supervisory personnel except under special circumstances authorized by the Engineer. Extra work shall be defined as work activity, or service, on its own or part of a larger component of work to be performed, which is not already included as a cost item in the project’s Schedule C. Note that any the Department’s bridge construction representative (project manager, engineer) shall compare the as- tendered scope of work versus the concerned scope of work to determine whether the concerned work is or may be beyond the scope of the Agreement (indeed extra work). Any extra work which is to be conducted under a Time and Materials System shall be agreed to by both parties daily, and shall be complimented with the consultant shall notify the STATEappropriate supplemental information, in writingincluding, via a Project Change Request, of this fact prior to beginning any of the work. The Project Change Request shall contain all the information required by NYSDOT, including but not limited to: • Labour: Submit (for each worker) name, date(s), description of work performed, time of day work performed, manhours, and associated rates; • Material: Submit identification, quantity, backup invoices, and associated costs for each; • Service or rentals: Submit supporting documentation verifying costs for each item; • Equipment: Submit identification, date(s), description of work performed, time of day work performed, quantity of hours, as well as the equipment’s year, make, and model. Equipment charges shall be paid based on the Province of PEI Machinery Rental Rates. Failure to provide the above information, or any other documentation requested by the Engineer to assist verification of actual cost incurred, shall be cause for rejection of the Claim. All claims shall be submitted within thirty (30) days of the extra work being complete, or within the associated progress claim period. Failure to provide the requested documentation in a timely manner may result in a delay of payment for the extra claim, with no incremental extra compensation entertained. Note that a Department bridge construction representative (data collector, project manager, engineer) must be notified prior to the following: 1Contractor performing any activities He deems to be extra work. A bridge representative also must be notified of any non-activity items the Contractors deems extra (eg. lost time and delays, meals, accommodations, services, etc.) a short description of the proposed change, 2) a short description of the proposed solution, and 3) the estimated hours prior to complete the change. The total cost of the change shall include both labor and material costs. The labor cost shall not exceed an amount calculated by multiplying the number of labor hours these costs being incurred by the currently applicable hourly rate for each labor category Contractor. Failure to notify may result in non-consideration of payment. Note that the Department reserves the right to consider a lump sum cost proposal (complete with a detailed breakdown of costs as defined in per the AgreementTime and Materials breakdown above) from the Contractor. The consultant shall provide This consideration not does eliminate the appropriate documentation Department’s option to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended by both the consultant and NYSDOT before such a request for approval pay for extra work can be considered by via Time and Materials. Note that the STATE. No extra work shall be started prior Department also reserves the right to written authorization from the STATE. The STATE shall be the sole judge as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. If the STATE determines that extra work is warranted, and additional funds are needed, a Supplemental Agreement providing for compensation and describing the work authorized shall be issued by the STATE to the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, the NYS Office of the State Comptroller and, if required, the Federal Highway Administration. The STATE shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will deliver the Project Change Request at the agreed-upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE shall be under no obligation to reimburse the Consultant for award any extra work performed without to a third party other than the prescribed notification and authorizationContractor. 4.5.1 In the event of any claims being made or any actions being brought in connection with the PROJECT, the Consultant agrees to render to the STATE all assistance required by the STATE. Work that the Consultant is obligated to perform in accordance with the Scope of Services shall be performed without cost to the STATE. Compensation for other work performed and costs incurred by the Consultant in connection with this requirement shall be made in a fair and equitable manner in accordance with Article 4.5,

Extra Work. If The Contractor shall make any revisions, additions, deletions, modifications, corrections, substitutions, or changes to the consultant believes that any work is or Services as may be beyond ordered by the scope State or any of its duly authorized representatives at any time during the Agreement (extra work), the consultant shall notify the STATE, in writing, via a Project Change Request, life of this fact prior Agreement. No additional payment will be made for such revisions, additions, deletions, modifications, corrections, substitutions, or changes to beginning any of the work, unless such changes constitute Extra Work. The Project Change Request shall contain all the information required by NYSDOTExtra Work is defined as follows: Any work, including but not limited to the following: 1) a short description of the proposed change, 2) a short description of the proposed solution, and 3) the estimated hours to complete the change. The total cost of the change shall include both labor and material costs. The labor cost shall not exceed an amount calculated by multiplying the number of labor hours approved by the currently applicable hourly rate for each labor category as defined in the Agreement. The consultant shall provide the appropriate documentation to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended by both the consultant and NYSDOT before such a request for approval for extra work can be considered by the STATE. No extra work shall be started prior to written authorization from the STATE. The STATE shall be the sole judge as to whether or not such work is, in factState, beyond the scope of this Agreement and constitutes extra workAgreement. If the STATE determines that extra work is warranted, and additional funds are needed, a Supplemental Agreement providing for compensation and describing the work authorized shall be issued by the STATE to the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, the NYS Office of the State Comptroller and, if required, the Federal Highway Administration. The STATE shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will deliver the Project Change Request at the agreed-upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE shall be under no obligation to reimburse the Consultant for any extra work performed without the prescribed notification and authorization. 4.5.1 In the event that changes in the Contractor's Services are requested by the State, which, in the opinion of any claims being made or any actions being brought the Contractor would result in connection with the PROJECTExtra Work, the Consultant agrees Contractor shall immediately submit a written justification, scope of work, and an estimate of the cost for the Extra Work, but refrain from performing such Extra Work while the State reviews the Claim, or proceed otherwise if specifically directed by the State. If approval is denied, the Contractor shall continue to render perform the requested work without delay and payment will be made according to the STATE all assistance required terms of this Agreement. No work, other than that for which a Claim is being reviewed, shall be delayed pending a decision of the State. In the event the Contractor identifies potential Extra Work that it believes to be necessary for the successful operation and maintenance of the Property, the Contractor shall prepare and submit a written justification, scope of work, and estimate of the cost for the Extra Work, but refrain from performing such Extra Work while the State reviews the Claim, or proceed otherwise if specifically directed by the STATEState. If approval is denied, the State shall have the right to direct Contractor to perform the work without delay and payment will be made according to the terms of this Agreement. No work, other than that for which a Claim is being reviewed, shall be delayed pending a decision of the State. Unless the Contractor identifies and the State acknowledges Extra Work that prior to its performance, the Consultant is State will not be obligated to perform in accordance with consider it as Extra Work after the Scope of Services shall be performed without cost to the STATE. Compensation for other work performed and costs incurred by the Consultant in connection with this requirement shall be made in a fair and equitable manner in accordance with Article 4.5,fact.

Extra Work. If the consultant believes that any work is or may be beyond the scope of the Agreement (extra work), the consultant shall notify the STATE, in writing, via a Project Change Request, of this fact prior to beginning any of the work. The Project Change Request shall contain all the information required by NYSDOT, including but not limited to the following: 1) a short description of the proposed change, 2) a short description of the proposed solution, and 3) the estimated hours to complete the change. The total cost of the change shall include both labor and material costs. The labor cost shall not exceed an amount calculated by multiplying the number of labor hours by the currently applicable hourly rate for each labor category as defined in the Agreement. The consultant shall provide the appropriate documentation to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended by both the consultant and NYSDOT before such a request for approval for extra work can be considered by the STATE. No extra work shall be started prior to written authorization from the STATE. The STATE shall be the sole judge as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. If the STATE determines that extra work is warranted, and additional funds are needed, a Supplemental Agreement providing for compensation and describing the work authorized shall be issued by the STATE to the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, the NYS Office of the State Comptroller and, if required, the Federal Highway Administration. The STATE shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will deliver the Project Change Request at the agreed-upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE shall be under no obligation to reimburse the Consultant for any extra work performed without the prescribed notification and authorization. 4.5.1 In the event of any claims being made or any actions being brought in connection with the PROJECT, the Consultant agrees to render to the STATE all assistance required by the STATE. Work that the Consultant is obligated to perform in accordance with the Scope of Services shall be performed without cost to the STATE. Compensation for other work performed and costs incurred by the Consultant in connection with this requirement shall be made in a fair and equitable manner in accordance with Article 4.5,the

Extra Work. If The Cost of any extra work shall not include the consultant believes costs of service vehicles or the wages of the supervisory personnel except under special circumstances authorized by the Engineer. Extra work shall be defined as work activity, or service, on its own or part of a larger component of work to be performed, which is not already included as a cost item in the project’s Schedule C. Note that any the Department’s bridge construction representative (project manager, engineer) shall compare the as- tendered scope of work versus the concerned scope of work to determine whether the concerned work is or may be beyond the scope of the Agreement (indeed extra work). Any extra work which is to be conducted under a Time and Materials System shall be agreed to by both parties daily, and shall be complimented with the consultant shall notify the STATEappropriate supplemental information, in writingincluding, via a Project Change Request, of this fact prior to beginning any of the work. The Project Change Request shall contain all the information required by NYSDOT, including but not limited to: • Labour: Submit (for each worker) name, date(s), description of work performed, time of day work performed, manhours, and associated rates; • Material: Submit identification, quantity, backup invoices, and associated costs for each; • Service or rentals: Submit supporting documentation verifying costs for each item; • Equipment: Submit identification, date(s), description of work performed, time of day work performed, quantity of hours, as well as the equipment’s year, make, and model. Equipment charges shall be paid based on the Province of PEI Machinery Rental Rates. Failure to provide the above information, or any other documentation requested by the Engineer to assist verification of actual cost incurred, shall be cause for rejection of the Claim. All claims shall be submitted within thirty (30) days of the extra work being complete, or within the associated progress claim period. Failure to provide the requested documentation in a timely manner may result in a delay of payment for the extra claim, with no incremental extra compensation entertained. Note that a Department bridge construction representative (data collector, project manager, engineer) must be notified prior to the following: 1Contractor performing any activities He deems to be extra work. A bridge representative also must be notified of any non-activity items the Contractors ▇▇▇▇▇▇ RIVER (RED) a short description of the proposed changeBRIDGE – REHABILITATION PROJECT deems extra (eg. lost time and delays, 2meals, accommodations, services, etc.) a short description of the proposed solution, and 3) the estimated hours prior to complete the change. The total cost of the change shall include both labor and material costs. The labor cost shall not exceed an amount calculated by multiplying the number of labor hours these costs being incurred by the currently applicable hourly rate for each labor category Contractor. Failure to notify may result in non-consideration of payment. Note that the Department reserves the right to consider a lump sum cost proposal (complete with a detailed breakdown of costs as defined in per the AgreementTime and Materials breakdown above) from the Contractor. The consultant shall provide This consideration not does eliminate the appropriate documentation Department’s option to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended by both the consultant and NYSDOT before such a request for approval pay for extra work can be considered by via Time and Materials. Note that the STATE. No extra work shall be started prior Department also reserves the right to written authorization from the STATE. The STATE shall be the sole judge as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. If the STATE determines that extra work is warranted, and additional funds are needed, a Supplemental Agreement providing for compensation and describing the work authorized shall be issued by the STATE to the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, the NYS Office of the State Comptroller and, if required, the Federal Highway Administration. The STATE shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will deliver the Project Change Request at the agreed-upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE shall be under no obligation to reimburse the Consultant for award any extra work performed without to a third party other than the prescribed notification and authorizationContractor. 4.5.1 In the event of any claims being made or any actions being brought in connection with the PROJECT, the Consultant agrees to render to the STATE all assistance required by the STATE. Work that the Consultant is obligated to perform in accordance with the Scope of Services shall be performed without cost to the STATE. Compensation for other work performed and costs incurred by the Consultant in connection with this requirement shall be made in a fair and equitable manner in accordance with Article 4.5,

Extra Work. If the consultant Consultant believes that any work is or may be beyond the scope of the Agreement (extra work), the consultant Consultant shall notify the STATEState, in writing, writing via a Project Change Request, of this fact prior to beginning any of the work. The Project Change Request shall contain all the information required by the NYSDOT, including including, but not limited to to, the following: 1) a short description of the proposed change, 2) ; a short description of the proposed solution, ; and 3) the estimated hours to complete the change. The total cost of the change shall include both labor and material costs. The labor cost shall not exceed an amount to be calculated by multiplying the number of labor hours multiplied by the currently applicable Contract hourly rate for each labor category as defined in the Agreement. The consultant Consultant shall provide the appropriate documentation to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended require input and collaboration by require by both the consultant and NYSDOT before such a request the Consultant’s Project Change Request for approval for extra work can may be considered by the STATEState. No extra work shall be started prior to written authorization from the STATEState. The STATE State shall be the sole judge as to whether or not such work is, is in fact, fact beyond the scope of this Agreement and constitutes extra work. If the STATE State determines that extra work is warranted, and additional funds are needednecessary, a Supplemental Agreement providing for compensation and describing the work authorized shall be issued by the STATE to the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, General’s Office and from the NYS Office of the State Comptroller Comptroller, and, if required, from the Federal Highway Administration. The STATE State shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will Consultant shall deliver the Project Change Request at the agreed-agreed upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE State shall be under no obligation to reimburse the Consultant for any extra work performed without the prescribed notification and authorization. 4.5.1 In the event of any claims being made or any actions being brought in connection with the PROJECTProject, the Consultant agrees to render to the STATE State all assistance required by the STATEState. Work that which the Consultant is obligated to perform in accordance with the Scope of Services shall be performed without additional cost to the STATE. Compensation for other work performed and costs incurred by the Consultant in connection with this requirement shall be made in a fair and equitable manner in accordance with Article 4.5,the

Extra Work. If The Cost of any extra work shall not include the consultant believes costs of service vehicles or the wages of the supervisory personnel except under special circumstances authorized by the Engineer. Extra work shall be defined as work activity, or service, on its own or part of a larger component of work to be performed, which is not already included as a cost item in the project’s Schedule C. Note that any the Department’s bridge construction representative (project manager, engineer) shall compare the as- tendered scope of work versus the concerned scope of work to determine whether the concerned work is or may be beyond the scope of the Agreement (indeed extra work). Any extra work which is to be conducted under a Time and Materials System shall be agreed to by both parties daily, and shall be complimented with the consultant shall notify the STATEappropriate supplemental information, in writingincluding, via a Project Change Request, of this fact prior to beginning any of the work. The Project Change Request shall contain all the information required by NYSDOT, including but not limited to: • Labour: Submit (for each worker) name, date(s), description of work performed, time of day work performed, ▇▇▇▇▇▇▇▇, and associated rates; • Material: Submit identification, quantity, backup invoices, and associated costs for each; • Service or rentals: Submit supporting documentation verifying costs for each item; • Equipment: Submit identification, date(s), description of work performed, time of day work performed, quantity of hours, as well as the equipment’s year, make, and model. Equipment charges shall be paid based on the Province of PEI Machinery Rental Rates. Failure to provide the above information, or any other documentation requested by the Engineer to assist verification of actual cost incurred, shall be cause for rejection of the Claim. All claims shall be submitted within thirty (30) days of the extra work being complete, or within the associated progress claim period. Failure to provide the requested documentation in a timely manner may result in a delay of payment for the extra claim, with no incremental extra compensation entertained. Note that a Department bridge construction representative (data collector, project manager, engineer) must be notified prior to the following: 1Contractor performing any activities He deems to be extra work. A bridge representative also must be notified of any non-activity items the Contractors deems extra (eg. lost time and delays, meals, accommodations, services, etc.) a short description of the proposed change, 2) a short description of the proposed solution, and 3) the estimated hours prior to complete the change. The total cost of the change shall include both labor and material costs. The labor cost shall not exceed an amount calculated by multiplying the number of labor hours these costs being incurred by the currently applicable hourly rate for each labor category Contractor. Failure to notify may result in non-consideration of payment. Note that the Department reserves the right to consider a lump sum cost proposal (complete with a detailed breakdown of costs as defined in per the AgreementTime and Materials breakdown above) from the Contractor. The consultant shall provide This consideration not does eliminate the appropriate documentation Department’s option to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended by both the consultant and NYSDOT before such a request for approval pay for extra work can be considered by via Time and Materials. Note that the STATE. No extra work shall be started prior Department also reserves the right to written authorization from the STATE. The STATE shall be the sole judge as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. If the STATE determines that extra work is warranted, and additional funds are needed, a Supplemental Agreement providing for compensation and describing the work authorized shall be issued by the STATE to the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, the NYS Office of the State Comptroller and, if required, the Federal Highway Administration. The STATE shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will deliver the Project Change Request at the agreed-upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE shall be under no obligation to reimburse the Consultant for award any extra work performed without to a third party other than the prescribed notification and authorizationContractor. 4.5.1 In the event of any claims being made or any actions being brought in connection with the PROJECT, the Consultant agrees to render to the STATE all assistance required by the STATE. Work that the Consultant is obligated to perform in accordance with the Scope of Services shall be performed without cost to the STATE. Compensation for other work performed and costs incurred by the Consultant in connection with this requirement shall be made in a fair and equitable manner in accordance with Article 4.5,

Extra Work. If The Cost of any extra work shall not include the consultant believes costs of service vehicles or the wages of the supervisory personnel except under special circumstances authorized by the Engineer. Extra work shall be defined as work activity, or service, on its own or part of a larger component of work to be performed, which is not already included as a cost item in the project’s Schedule C. Note that any the Department’s bridge construction representative (project manager, engineer) shall compare the as- tendered scope of work versus the concerned scope of work to determine whether the concerned work is or may be beyond the scope of the Agreement (indeed extra work). Any extra work which is to be conducted under a Time and Materials System shall be agreed to by both parties daily, and shall be complimented with the consultant shall notify the STATEappropriate supplemental information, in writingincluding, via a Project Change Request, of this fact prior to beginning any of the work. The Project Change Request shall contain all the information required by NYSDOT, including but not limited to:  Labour: Submit (for each worker) name, date(s), description of work performed, time of day work performed, manhours, and associated rates;  Material: Submit identification, quantity, backup invoices, and associated costs for each;  Service or rentals: Submit supporting documentation verifying costs for each item;  Equipment: Submit identification, date(s), description of work performed, time of day work performed, quantity of hours, as well as the equipment’s year, make, and model. Equipment charges shall be paid based on the Province of PEI Machinery Rental Rates. Failure to provide the above information, or any other documentation requested by the Engineer to assist verification of actual cost incurred, shall be cause for rejection of the Claim. All claims shall be submitted within thirty (30) days of the extra work being complete, or within the associated progress claim period. Failure to provide the requested documentation in a timely manner may result in a delay of payment for the extra claim, with no incremental extra compensation entertained. Note that a Department bridge construction representative (data collector, project manager, engineer) must be notified prior to the following: 1Contractor performing any activities He deems to be extra work. A bridge representative also must be notified of any non-activity items the Contractors deems extra (eg. lost time and delays, meals, accommodations, services, etc.) a short description of the proposed change, 2) a short description of the proposed solution, and 3) the estimated hours prior to complete the change. The total cost of the change shall include both labor and material costs. The labor cost shall not exceed an amount calculated by multiplying the number of labor hours these costs being incurred by the currently applicable hourly rate for each labor category Contractor. Failure to notify may result in non-consideration of payment. Note that the Department reserves the right to consider a lump sum cost proposal (complete with a detailed breakdown of costs as defined in per the AgreementTime and Materials breakdown above) from the Contractor. The consultant shall provide This consideration not does eliminate the appropriate documentation Department’s option to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended by both the consultant and NYSDOT before such a request for approval pay for extra work can be considered by via Time and Materials. Note that the STATE. No extra work shall be started prior Department also reserves the right to written authorization from the STATE. The STATE shall be the sole judge as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. If the STATE determines that extra work is warranted, and additional funds are needed, a Supplemental Agreement providing for compensation and describing the work authorized shall be issued by the STATE to the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, the NYS Office of the State Comptroller and, if required, the Federal Highway Administration. The STATE shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will deliver the Project Change Request at the agreed-upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE shall be under no obligation to reimburse the Consultant for award any extra work performed without to a third party other than the prescribed notification and authorizationContractor. 4.5.1 In the event of any claims being made or any actions being brought in connection with the PROJECT, the Consultant agrees to render to the STATE all assistance required by the STATE. Work that the Consultant is obligated to perform in accordance with the Scope of Services shall be performed without cost to the STATE. Compensation for other work performed and costs incurred by the Consultant in connection with this requirement shall be made in a fair and equitable manner in accordance with Article 4.5,

Extra Work. If Except as set forth in the consultant believes Lease, including this Exhibit “1”, LESSOR has no other agreement with LESSEE and has no other obligation to do any other work with respect to the Building A Premises. Any other work in the Building A Premises that any work is or may be beyond permitted by LESSOR pursuant to the scope terms and conditions of this Lease shall be done at LESSEE’s sole cost and expense and subject to LESSOR’s reasonable approval. If, after the commencement of construction of the Agreement Tenant Improvements, LESSEE desires to make changes in the Scope of Work or desires extra work to be performed not contemplated by the Scope of Work (extra workthe “Extra Work”), LESSEE, at LESSEE’s sole cost and expense, shall submit to LESSOR all necessary drawings, plans and specifications (the consultant “Extra Work Plans”) to construct the Extra Work. Notwithstanding the foregoing, “Extra Work” shall notify the STATE, in writing, via a Project Change Request, of this fact prior to beginning not include any of the work. The Project Change Request shall contain all the information required by NYSDOT, including but not limited to the following: 1) a short description of the proposed change, 2) a short description of the proposed solution, and 3) the estimated hours additional work necessary to complete the changeTenant Improvements arising as a result of unforeseen conditions, all of which shall be LESSOR’s responsibility. The total LESSOR shall have the right to reasonably approve the Extra Work Plans. Within five (5) business days of receipt of the Extra Work Plans, LESSOR shall deliver written notice of its approval of such Extra Work Plans or any specific objections thereto. Failure to timely respond shall be deemed an approval of such Extra Work Plans. Once approved (or deemed approved), LESSOR shall, within fifteen (15) days thereafter, submit to LESSEE written estimates of the cost of Extra Work and any delays to Substantial Completion of the Tenant Improvements resulting from Extra Work (any actual delays resulting from Extra Work shall constitute a LESSEE Delay as defined below). LESSOR’s estimate of the cost of the change Extra Work shall include both labor a charge of ten percent (10%) of the total expenses and material costscosts otherwise chargeable for the Extra Work as LESSOR’s construction management fee. If LESSEE fails to approve LESSOR’s estimate within three (3) business days from the receipt thereof, then LESSOR’s estimate shall be deemed disapproved in all respects by LESSEE and LESSOR shall not be required to proceed with such Extra Work. If LESSEE timely accepts LESSOR’s estimate, LESSEE agrees to pay 50% of the cost of the Extra Work to LESSOR upon acceptance of LESSOR’s estimate, and the balance, not to exceed the total estimated amount approved by LESSEE, upon completion of the Extra Work and receipt of the actual cost of such Extra Work. All Extra Work shall be done at LESSEE’s sole cost and expense provided that LESSEE approves such Extra Work and the costs thereof in advance in writing. The labor cost Building A Premises Commencement Date shall not exceed an amount calculated by multiplying the number of labor hours by the currently applicable hourly rate for each labor category be delayed, nor any rent abated as defined in the Agreement. The consultant shall provide the appropriate documentation to support all material costs stated in the Project Change Request. Detailed estimates for the Project Change Request may need to be developed through Joint Application Development sessions attended by both the consultant and NYSDOT before such a request for approval for extra work can be considered by the STATE. No extra work shall be started prior to written authorization from the STATE. The STATE shall be the sole judge as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. If the STATE determines that extra work is warranted, and additional funds are needed, a Supplemental Agreement providing for compensation and describing the work authorized shall be issued by the STATE to the Consultant for execution after approvals have been obtained from NYSDOT, the NYS Attorney General office, the NYS Office result of the State Comptroller and, if required, the Federal Highway Administration. The STATE shall determine the proper method and scheduling of payments for such approved extra work. Upon approval of extra work, the consultant will deliver the Project Change Request at the agreed-upon cost within reasonably close conformance with projected extra work delivery timeframes. The STATE shall be under no obligation to reimburse the Consultant for any extra work performed without the prescribed notification and authorization. 4.5.1 In the event construction or performance of any claims being made Extra Work or any actions being brought delay in connection with the PROJECT, the Consultant agrees to render to the STATE all assistance required such construction or performance (except if caused by the STATE. Work that the Consultant is obligated to perform in accordance with the Scope of Services shall be performed without cost to the STATE. Compensation for other work performed and costs incurred by the Consultant in connection with this requirement shall be made in a fair and equitable manner in accordance with Article 4.5,LESSOR Delay).