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of thc Work, lAbor. services, materials added, omitted, or changed by a proposed Change Order. If no
<br /> agreement As to a monetary allowance related to a Change Order is reached, Cuntractor may direct
<br /> Subcontractor to perform the Change Order,and the Subcontract Price shall be adjusted in Accordance with
<br /> the Printe Contract provisioo regarding Subc:ontractor Change Ordcrs,or, if no such provisian is included
<br /> in the Prime Contract, then as foUows: The Subcontract Price shall be adjusted by the net increase or
<br /> decrease in SubcontrACtor's costs directly resulting from the Change Order,plus the following adjustments
<br /> for combined overhead and profit: (1} 1596 for work to be performed by Subcontractor's own forces:
<br /> (2) 10% for such portion(s) of the Change Order as is to be performed by subcontractors of
<br /> Subc;ontractor; and (3) 1S°yo for Change Orders requiring primarily an addition, deletion, or
<br /> substitution of equipment or materiuls, and requiring substantially no labor, As used herein, the term
<br /> "costs" shull include only the following: (i)cost of materials, including sales tax and cost of delivery, but
<br /> less any applicable trade discnunt; (ii) wages paid for labor (excluding supervisory and manugement
<br /> personnel), and all taxes, assessments und insurance that Subcantractor is required by statute to pay based
<br /> on such wages; (iii) rentnl cost for eyuipment and machinery, provided that such cost is speciFically,
<br /> directly, and solely attributable to the ChAnge Order:and (iv)amounts payable by Subcontractor pursuant
<br /> to subcontracts for Work that is the sub}ect of the Change Order. No subcontract of Subcantractor for
<br /> Work required by a Change Order shall allow a sub-subcontractor combined overhead and profit in an
<br /> amount greAter than provided for in the Prime Contract, or, in absence of such provision, gretiter than
<br /> Twenry percent (20%)for combined protit uod overhead above said sub-subcontractvr's costs. No part of
<br /> Subcontractor's general or jobsite overhead shull be included in the costs of a Change Order. Subcontractor
<br /> shall maintain, and shall require its sub-subcontracrors to maintain, detailed And itemized accounting
<br /> records for all vspects of the costs of any Change Order, along wiih All supporting records, data, and
<br /> documentation, e.g., invoices, checks And payrolls. All such records, data, and documentatio�i shall be
<br /> subjec;t to �udit by Contractor and Owner. Subcontractor shall be reimbursed for the costs of a Change
<br /> Order only to the extent sueh costs are fully supported by s�id records, dAtfl and documentatian.
<br /> NotwithstAnding any of the foregoing, Subcontractor shall in no event receive 1ny compensAtion or
<br /> allowance for�ny Change Order i�i an amount greater thAn that which Contracror actually receives from
<br /> Owner As a result thereof, reduced by a reasonable amount for Work performed by Contractor, and
<br /> Contractor's overhead and profit, unless such Change Order does not arise from an order by Owner or
<br /> Architect to Contractor.
<br /> 5(d). Ar{just�ne�r�s i�� the Scleedrde. Any adjustment in the Schedule needed due to A Change
<br /> Order shall be requested in a written notice by SubcontrACtor to Cantractor within seven (7)calendar days
<br /> nfter receipt of the Change Order. Such request shall state the specitic number of days of the requested
<br /> adjustment. Subcontractor a�-ees 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 acco�nt of a
<br /> Change Order. Regardless of the adjustment requested by Subcontractor, the Schedule shall be adjusted
<br /> only to the extent Subcontractor's Work is necessarily and Actu�lly 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 simi{ar extension of time has been Allotted by Owner to Contractor.
<br /> 6(a). Waiver of Lie�es and Claims. As A condition to the obligAtion of Contracror to make any
<br /> periodic or final payment hereunder, Subcontractor shall furnish, And shall require eACh and all of its
<br /> Subcontractors and Materialmen to furnish,refeases nnd waivers of all types of inechanics'and contrnctor's
<br /> liens,and of all clAims,whether statutory ar otherwise,against any bond on which ContrACtor is an obligor
<br /> Et�ch such w�iver And release by SubcontrACtor shall extend to the full extent of all payments mt�de by
<br /> Contracror to Subcontractor, and the Final Release and Waiver of Lien shall waive and finally release al!
<br /> liens and claims of Subcontrr�ctor All such relenses �nd waivers of lien shall be in form and substance
<br /> satisf�ctory ro Contractor. Subcontr�cror shAll, And hereby does, indemnify �nd hotd Owner, Contractor,
<br /> and all sureties,harmless from any and all such liens and claims by others for payment arising out of labor
<br /> and materials furnished hereunder by or through Subcontractor.
<br /> b(b). Final Release. Prior to final payment to SubcontrACtor, A Final ReleASe and W�iver of
<br /> Liens and Claims is to be furnished to Contractor, together with an Affidavit, all to be in form and
<br /> substance satisfactoiy ro Contractor.
<br /> 6(c). Satisfactio�r of Past Due Obligations. Contractor reserves the right to satisfy any past-due
<br /> obligntions of Subcontractor arising out of this Subcontract by issuing checks payable jointly to
<br /> i3o6-i5-3oo
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<br /> Subcontract Agr�meN(Long Fomi)
<br /> Rcvised 06/013l10
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