Eastern Contra Costa Transit Authority Contract ... - Tri Delta Transit

Litigation Costs
If either party becomes involved in litigation arising out of this agreement or the performance
thereof, the court in such litigation shall award reasonable costs and expenses, including
attorney’s fees to the prevailing party. In awarding attorney’s fees, the court will not be bound
by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full
amount of costs, expenses, and attorney’s fees paid or incurred in good faith.
Contract Change Order
ECCTA may at any time make alterations, deviations, additions to or deletions from the contract
documents, and may increase or decrease the quantity of any item or portion of the work, or
delete any item or portion of the work, and may require extra work, as determined by ECCTA to
be necessary or advisable. All such work shall be performed under applicable provisions of the
contract documents, unless specifically provided otherwise at the time the change is ordered.
Any such changes will be set forth in a written contract change order issued by ECCTA. The
contract change order will specify: (1) the work to be done in connection with the change to be
made; (2) the amount of the adjustment of the contract price, if any, and the basis for
compensation for the work ordered; and (3) the extent of the adjustment in the contract time, if
any. A contract change order shall not become effective until ECCTA’s Chief Executive Officer
has signed it.
No changes or deviations from the contract documents shall be made without an approved
contract change order, except in the case of emergency. In such case and upon receipt of a
written directive signed by the Chief Executive Officer, the contractor shall proceed with the
ordered work and ECCTA will prepare a written contract change order for approval and issuance
to the contractor as soon thereafter as practicable.
In the event, the contractor encounters any unanticipated conditions or contingencies that may
affect the Scope of Work and would result in an adjustment in the amount of cost of the contract,
the contractor shall so advise ECCTA in writing immediately upon notice of such condition or
contingency. The written notice shall explain the circumstances giving rise to the unforeseen
condition or contingency and shall set forth the proposed adjustment in compensation resulting
thereof.
Disagreement by the contractor with ECCTA’s determination of the need for, or amount of, an
adjustment in contract price or contract time associated with an approved contract change order
(or disagreement by the contractor with ECCTA’s determination that a change has not occurred
and no contract change order is needed) shall not, under any circumstances relieve the contractor
from its obligation to promptly begin and diligently prosecute the work, including the change, as
described in the approved contract change order.
Governing Law
California law shall govern all matters arising under the agreement.
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