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of the Work, lnbor, services, materials added, omitted, or changed by a proposed Change Order If no
<br /> agreement as ro a monetary allowance related to a Change Order is reached, Contractor may direct
<br /> ' Subcontractor to perform the Change Order,and the Subcontract Price shAll be adjusted in uccordance with
<br /> the Prime Cantract provision regarding Subc:ontractor Change Orders, or, if no such provision is included
<br /> in the Prime Contract, then as follows: The Subc:ontract Price shall be udjusted by the net increase or
<br /> decrease m Subcontractor's costs direcUy resulting from the Change Order,plus the foltowing actjustments
<br /> for combined overhead and profir. (1} 15�'o for work to be performed by Subcontractor's own forces.
<br /> (2) IO% for such poi�tion{s) of the Change Order as is to be performed by subeontracrors of
<br /> Subcontractor, and (3) 15% for Change Orders requiring primarily an addition, df�letion, or
<br /> substitution of equipment or materials, and reyuiring substantially no labor, As used herein„ the term
<br /> "costs" shall include only the following; (i) cost of materials, including sales tax and cost of de�ivery, but
<br /> less any appficable trade discount; (ii) wages pa�d for labar (excluding supervisory and management
<br /> personnel), and all taxes, assessments and insurance that Subcontractor is required by statute to pay based
<br /> on such wages; (iii) rent�l cost for eyuipment and machinery, provided that such cost is specitically,
<br /> directly, and solely attributable to the Change Order; and (iv)amounts payable by Subcontractor pursuant
<br /> to subcontracts for Work that is the subject of the Change Order. No subcontr�ct of Subcontracror for
<br /> Work required by a Ch�►nge Order shall �Ilow a sub-subcontractor combined overhead and pr�otit in an
<br /> amount greater than provided for in the Prime Contract, or, in absence of such provision, greater than
<br /> Twenty percent (20°k) for combined profit and overhead above said sub-subcontractor's costs. No part of
<br /> Subcontractor's general or jobsite overhead shall be included in the costs of a Change Order Subconh�actor
<br /> shall maintain, and shall require its SUb-SUIX:OIICI'i1CiOfS to maintain, de[ailed �nd ilemized ac�ountin�
<br /> records for all aspects of the costs of any Change Order, along with all supporting records, data, and
<br /> documentation, e g., mvoices, checks and payrolls. All such records, data, �nd documentation shall be
<br /> sub�ect to �udit by Contrac�or and Owner Subcontracror shall be reimbursed for the costs of a Ch�nge
<br /> Order only to the extent such costs are fully supported by said records, dat� and documentation.
<br /> Notwithstanding any of the foregoing, Subconh�actor shall in no event receive any compensation or
<br /> allowance for nny Change Order i�i an amount greater than that which Contractor actuully receives from
<br /> Owner As ,� result thereof, reduced by a reasonable amount for Work performed by Contractor, and
<br /> Contrpctor's overhead and protit, unless such Change Order does not arise from an order by Owner or
<br /> Architect to Contractor.
<br /> 5(d). A�ustnrenls in tlre Scliedrrle. Any adjustment in the Schedule needed due to A Chunge
<br /> Order shall be requested in a written notice by Subcontractor to Contractor within seven (7)calendar days
<br /> after receipt of the Ch�nge Order. Such request shall state the specit3c number of'days of the requested
<br /> adjustment. Subcontractor agrees that its failure to give such notice within the time required hereunder
<br /> shall relinquish and waive any right of Subcontractor to an adjustment in the Schedule on acrount of'a
<br /> Change Order. Regardless of the adjustinent requested by Subcontractor, the Schedi�le shaU b�� adjusted
<br /> only to the extent Subcontractor's Work is necessarily and actually delayed by the Change Order, and,
<br /> excepting only Change Orders not arising from orders of Owner or Architect to Contractor, no adjustment
<br /> in the Schedule shall be made unless a similar extension of time has been allotted by Owner to Contractor.
<br /> 6(cr). Waiver of Liens aird Clai,ns. As A condition to the obligation of Contractor to make any
<br /> periodic or final payment hereunder, Subcontractor shalk furnish, �nd sh111 require each �iid all of its
<br /> Subcontractors and Materi�lmen ro furnish, releases and waivers of atl types of inechanics'and contr�ctor's
<br /> liens,and of all claims,whether statutory or otherwise,against uny bond on which Contractor is an obligor.
<br /> Each such waiver and release by Subcontractor sh�ll extend to the full extent of all paymenls m�de by
<br /> Contractor to Subcon�ructor, and the Fin�l Rele�se and Waiver of Lien shall waive and finally release all
<br /> liens and claims of Subcontrucror All sueh releases and waivers of lien shall be in form and substance
<br /> satisf�etory ro Contractor Subcontracror shall, �nd hereby does, indemnify �nd hold Owner. Contractor,
<br /> aknd all sureties, h�rmless from any und all such liens and claims by others for payment arising out of labor
<br /> and matenals furnished hereunder by or through Subconvactor.
<br /> b(b). Final Release. Prior to final payment ro SubcontrACtar, � Final ReleASe and VV�iver of
<br /> Licns and Claims is to be furnished to Contractor, together with an Affidavit, all to be in fonn and
<br /> substlnce satisfacrory ro Contractor.
<br /> b(cJ. Satisfaction af Past Due Obligatio��s. Contractor reserves the right to satisfy any past-due
<br /> oblig��tions of Subcontractor arising out of this Subcontract by issuing checks payable �ointly to
<br /> i3o6-i5-3oo
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<br /> Subcontract Agrccment(Long Fonn)
<br /> Revised 06/O8l10
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