Richmond Municipal Code Art. V Modification and Termination of Contracts for Supplies and Services

The Finance Director may promulgate regulations permitting or requiring the inclusion of clauses providing for adjustment in prices, time of performance, or other contract provisions as appropriate covering the following subjects:

(1) The unilateral right of the City to order in writing:

(A) Changes in the work within the scope of the contract;

(B) Temporary stopping of the work or delaying performance; or

(C) Variations occurring between estimated quantities of work in a contract and actual quantities.

(2) Price Adjustments. Adjustments in price pursuant to clauses promulgated under this section must be computed in one or more of the following ways:

(A) By agreement on a fixed-price adjustment before commencement of the pertinent performance or as soon thereafter as practicable;

(B) By unit prices specified in the contract or subsequently agreed upon;

(C) By the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;

(D) In such other manner as the contracting parties mutually agree; or

(E) In the absence of agreement by the parties, by a unilateral determination by the City of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the City and subject to the provisions of Article VII (Legal and Contractual Remedies).

(3) Temporary Stopping of the Work or Delaying Performance. A contractor may be required to submit cost or pricing data if any adjustment in contract price is subject to the provisions of Section 2.52.360 (Substantiation of offered prices).

(4) Additional Contract Clauses. The Finance Director may promulgate regulations including, but not limited to, regulations permitting or requiring inclusion in City contracts of clauses providing for appropriate remedies and covering the following subjects:

(A) Liquidated damages as appropriate;

(B) Specified excuses for delay or nonperformance;

(C) Termination of the contract for default; or

(D) Termination of the contract in whole or in part for the convenience of the City.

(Ord. No. 14-20 N.S., § I, 6-30-2020)