Total-EPC-Book=180920

3-95 | EPC Template
Work by the Utility Regulator, which shall be handled in accordance with Section 14.l;
(c) any increase or decrease in the Cost of the Work resulting from any Change Order
made pursuant to Section 8.4, 8.5, or 8.8, which shall be allocated as set forth in such
Sections; and (d) any increase in the Cost of the Work resulting from the Owner’s failure
to cooperate reasonably with Contractor the other Parties to this Agreement, including
without limitation owner’s failure to carry out its duties under Sections 5.2 or 5.4.
ARTICLE 8 - ADDENDA AND CHANGE ORDERS
8.1 General. “Addenda” are changes to the Work before construction begins. “Change
Orders” are changes to the Work after construction begins. Addenda and Change Orders
shall be handled as follows:
8.1.1 Any Party may request an Addendum or Change Order in writing.
8.1.2 Approval or rejection of Addenda and Change Orders that increase or
decrease the Cost of the Work or change in schedule that could have the effect of
delaying Mechanical Completion must be approved by Owner and Contractor prior to
execution of such Addenda or Change Order.
8.1.3 Addenda and Change Orders that increase or decrease the Cost of the Work
shall be approved or rejected in accordance with the procedures set forth in Sections 8.2
and 8.3 and in accordance with the time periods provided for the State in Section 16.20.
8.2 Process. Any of the Parties may request in writing an Addendum or a Change Order
consisting of additions to, deletions from, or other revisions to the Work, provided that
such changes are within the general scope of the Work. All requests for Addenda or
Change Orders by an Owner shall be submitted to Contractor, with copies to PM/CM and
Engineer (as appropriate). All requests for Addenda or Change Orders by Contractor
shall be submitted to Owner, with copies to PM/CM and Engineer.
8.3 Initial Evaluation of Addendum and Change Order Requests; Applicable Standards.
Any Addendum or Change Order request from an Owner shall be evaluated by
Contractor, with the input and assistance of PM/CM and Engineer. Each Addendum or
Change Order request shall initially be evaluated to determine whether it: (a) adds value
to the Facility without increasing the Cost of the Work or delaying Mechanical
Completion of the Facility; (b) adds value to the Facility without delaying Mechanical
Completion of the Facility, but increases the Cost of the Work; or (c) does not add value
to the Facility or adds value to the Facility, but will delay Mechanical Completion of the
Facility or compromise performance of the Facility; or (d) (in the case of an Addendum
only) decreases Cost of Work without delaying Mechanical Completion. All Addenda
and Change Orders in category (a) or Addenda in category (d) shall be approved; all
Addenda and Change Orders in category (c) shall be rejected (unless mutually agreed
otherwise, including the allocation of the cost, by all Parties); and all Addenda and
Change Orders in category (b) shall be approved, if and only if the increased Cost of the
Work is allocated as set forth below in this Article 8.
8.4 Addenda or Change Orders Requested by Owner. If Owner requests an Addendum
or a Change Order to address solely Owner’s needs, including without limitation changes