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3-96 | EPC Template
to address aesthetic or design requirements, and such Addendum or Change Order is
approvable under Section 8.3 above and approved by Contractor, but increases the Cost
of the Work, then Owner shall bear the entire incremental Cost of the Work (including
costs of delays and rework) resulting from such Addendum or Change Order.
8.5 Addenda and Change Orders Required by Acts of Governmental Authorities. If any
action of any Governmental Authority requires an Addendum or a Change Order that
increases or decreases the Cost of the Work the Owner shall be responsible for any
incremental Cost of the Work.
8.6 Addenda and Change Orders Requested by Contractor. If Contractor requests an
Addendum or a Change Order that is approved by the Owner, then Owner and Contractor
shall share equally any increase or decrease in the Cost of the Work resulting from such
Addendum or Change Order.
8.7 Addenda and Change Orders Resulting from Errors or Omissions of Contractor.
Owner shall not be responsible for any increased Cost of the Work resulting from
Addenda and Change Orders that are necessary because of errors of Contractor and/or its
Subcontractors in coordinating the design, scheduling or construction of the Facility.
8.8 Markup on Addenda and Change Orders. On any Addenda and Change Orders under
Sections 8.4, and 8.5, Contractor and its Subcontractors shall be entitled to a markup not
to exceed ten percent (10%) in the aggregate of the Cost of the Work covered by the
Addendum or Change Order.
8.9 Tracking of Cost Impact of Addenda and Change Orders. Contractor shall institute
and maintain a ledger type system to track the impact of all increases and decreases to the
Owner’ Allocated Shares of the Cost of the Work resulting from any Addenda or Change
Orders approved by Contractor and Owner. Contractor shall monthly, and more
frequently upon request, report to the Owner the cumulative impact of such Addenda and
Change Orders upon their respective Allocated Shares of the Cost of the Work. If
applicable, the Parties shall modify the Project Schedule and Payment Milestones to
reflect the impact of Addenda and Change Orders.
ARTICLE 9 - PAYMENT FOR WORK
9.1 Payment Milestones; Payment Schedule.
9.1.1 Progress Report and Invoice.
9.1.1.1 On or about the fifth Business Day of each calendar month, Contractor
shall submit to Owner (i) its invoice, and (ii) a progress report covering the previous
calendar month (the “Payment Period”) containing at a minimum the following
information (“Progress Report”): (1) A description of the Work performed during the
Payment Period and all Payment Milestones achieved; (2) A description of the Work not
yet performed, if any, necessary to meet the Project Schedule for such Payment Period;
(3) A description of the Work and the related Payment Milestones anticipated to be