|
of the Work, lnbor, services, materiols 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, Contractor may direct
<br /> Subcontractor to perform the Change Order,and the Subcontract Price shall be adjusted in Accordance with
<br /> the Prime Contract provision regarding Subc;ontractor Change Ordcrs,or, if no such provision is included
<br /> in the Prime Contract, then as follows: The Subcontract Price shall be udjusted by the net increase or
<br /> decrease in Subcontractor's costs directly resulting from the Change Order,plus the followiog ttdjustments
<br /> for combined overhead and profit: (1) 15% for work to be performed by Subcontr�etor's own forces.
<br /> (2} 1090 for such poi�tion(s) of the Change Order as is to be performed by subeontractors of
<br /> Subc:ontractor; and (3) 1590 for Change Orders requiring primarily an addition, deletion, or
<br /> substitution of equipment or materi�ls, and requiring substantially no labor, As used herein, the term
<br /> "costs" shafl include nnly the following: (i)cost of materials, including sales tax and cost of delivery, bur
<br /> less any appficable trade discount; (ii) wages paid for labor (excluding supervisory and manngement
<br /> personnel), and nll taxes,assessments and insurance thut Subcontractor is required by statute to pay based
<br /> on such wages; (iii) rentnl cost for equipment 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 subject of the Change Order. No subcontract of Subcontractor 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, greater than
<br /> Twenty percent (20rrb) for combined protit and overhead above said sub-subcantractor's costs. No part of
<br /> Subcontr�ctor's general or jobsite overhead shall be included i�i the costs of a ChAnge Order. Subcontractor
<br /> shall mflintain, a►Zd shalf require its sub-subcontr�ctors t� maintain, detailed And itemized accounting
<br /> records for aU vspects of the costs of Any Change Order, along with all supporting records, data, and
<br /> documentation, e.g., invoices, checks and payrolls. All such records, data, and documentation shall be
<br /> subjec;t tv �udit by Con�ractor and Owner. Subcontractor shall be reimbursed for the costs of a Change
<br /> Order only to the extent such costs are fully supported by said records, datA and documentatian.
<br /> No�withstanding any of the foregoing, Subcontractor shall in no event receive nny compensation or
<br /> altowance for �ny Change Order in an amount greater thAn that which Contractor Actu�lly receives from
<br /> Owner As a result thereoF, reduced by a reasonable amount for Wwk 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 ro Contractor.
<br /> 5(d). Adjustrae�i�s i�i �lre Scliedrrle. Any adjustment in the Schedule needed due to a Change
<br /> Order shall be requested in a written notice by Subcontr�ctor to ContrACtor within seven (7)calendar days
<br /> after receipt of the Change Order. Such request shall state the specific number of days of the requested
<br /> adjustment. Subcontractor agrees that its failure to give such notice within the time required hereunder
<br /> shall relinyuish and waive any right of Subcontractor to an adjustment in the Schedule on account of a
<br /> ChAnge Order. Regardless of the adjustment requested by Subcontractor, the Schedule shall be adjusted
<br /> only to the extent Subcontractors Work is rtecessarily and Actu�lly delayed by the Change Order, and,
<br /> excepting only Change Orders not urising from orders of Owner or Architect to Contractor, no adjustment
<br /> in the Schedule shall be made unless a simitar extension of time has been Allotted by Owner to Contractor.
<br /> �f�)� Waiver of Liens and Claims. As A condition to the obfigntion of Contractor tv mAke any
<br /> periodic or final payment hereunder, Subcontractor shall furnish, And shall require each and all of its
<br /> Subcontractors and M�teriatmen to furnish,releases�nd waivers of all types of inechanics'and contrnctor's
<br /> tiens,and of all claims>whether statutory or otherwise,against r�ny bond on which Contractor is an obligor
<br /> E�ch such waiver and release by Subcontractor shall extend to the full extent of all paymenls made by
<br /> Cuntracror to Subcontractor, and the Final Release and Waiver�f Lien shall waive and finatly release all
<br /> liens and claims of Subcontrr�ctor All such relenses �nd waivers of lien shall be in form and substance
<br /> sat�sfACtory to Contractor. Subcontractor shall, and hereby does, indemnify and hold Owner, Contractor,
<br /> cEnd all sureties,hr�rmless 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 /> 6(6). Final Re%ase. Prior to final payment to Subcontractor, a Final ReleASe and Wniver of
<br /> Licns and Claims is to be furnished to Contractor, together with an Affidavit, all to be in form and
<br /> subst�nce satisfactory to Contractor.
<br /> b(c}. Satisfactio►:of Past Dr�e Obligations. ContrACtor reserves the right to satisfy any past-due
<br /> obligAtions of Subcontractor arising out of this Subcontract by issuing checks payable jointiy to
<br /> 13�-is-3oo
<br /> Page 5 of 13
<br /> Subcontract Agnxmcni(L.ang Fomi)
<br /> Revised OG/OS/10
<br />
|