Common use of AMENDMENTS AND CHANGE ORDERS Clause in Contracts

AMENDMENTS AND CHANGE ORDERS. The Design/Build Entity shall assist in developing and implementing a system for the preparation, processing and tracking of Amendments and Change Orders using the Project Management Software as described in paragraph 3.6.4 and recommend necessary or desirable changes to the Principal Representative. Fully executed and approved Change Orders shall constitute obligations of the Principal Representative to pay as part of the Contract Sum the amounts identified by such modifications so long as such amounts do not exceed the Guaranteed Maximum Price, however, only those portions of the Contract Sum that are incorporated by Amendment shall be immediately payable. Change Orders, other than Change Orders allocating contingency amounts already incorporated by an Amendment which modify the Guaranteed Maximum Price, shall be payable only after having been incorporated into the Contract by Amendment. The Design/Build Entity shall provide the Principal Representative with Amendments from time to time aggregating and incorporating Change Orders that do not allocate contingency amounts already incorporated by an Amendment in order to expedite payment of approved Change Order work when performed and payable. PRINCIPAL REPRESENTATIVE CONSULTANTS If required, the Design/Build Entity shall assist the Principal Representative in selecting and retaining the professional services including but not limited to a surveyor, geotechnical, testing and inspection and other special consultants, and coordinate these services, without assuming any responsibility or liability of or for these consultants. START UP The Design/Build Entity, with the Principal Representative's maintenance staff and/or consultant, shall direct the checkout of utilities, operations, systems and equipment for readiness and assist in their initial startup and testing/commissioning as required in the Scope Narrative with the Subcontractors of all tiers. Prior to the Date of Completion of the Work or earlier date for phased occupation of the Work as requested by the Principal Representative, the Design/Build Entity shall schedule and conduct with the Principal Representative and Design Build Entity’s Architect/Engineer a complete review, commissioning, demonstration, start-up and operational testing of all equipment and mechanical and electrical systems installed by the Design/Build Entity or its Subcontractors on the Project, and shall also review the operation and maintenance of such systems with the Principal Representative’s maintenance personnel. Subsequent to this review, the Design/Build Entity, with reasonable promptness and at no cost to the Principal Representative shall make all adjustments or corrections required by the Principal Representative or Design Build Entity’s Architect/Engineer and shall balance all systems in order to make all equipment and systems perform as required by the Contract Documents and to reflect the actual use and occupancy of the Project. If necessary or requested by the Design Build Entity’s Architect/Engineer or Principal Representative, the Design/Build Entity shall require the Subcontractor, supplier of material supplier to make adjustments, corrections or balancing required by this process, at no additional cost to the Principal Representative.

AMENDMENTS AND CHANGE ORDERS. The Design/Build Entity Construction Manager shall assist in developing and implementing a system for the preparation, processing and tracking of Amendments and Change Orders using the Project Management Software as described in paragraph 3.6.4 and recommend necessary or desirable changes to the Principal Representative. Fully executed and approved Change Orders shall constitute obligations of the Principal Representative to pay as part of the Contract Sum the amounts identified by such modifications so long as such amounts do not exceed the Guaranteed Maximum Price, however, only those portions of the Contract Sum that are incorporated by Amendment shall be immediately payable. Change Orders, other than Change Orders allocating contingency amounts already incorporated by an Amendment which modify the Guaranteed Maximum Price, shall be payable only after having been incorporated into the Contract by Amendment. The Design/Build Entity Construction Manager shall provide the Principal Representative with Amendments from time to time aggregating and incorporating Change Orders that do not allocate contingency amounts already incorporated by an Amendment in order to expedite payment of approved Change Order work when performed and payable. PRINCIPAL REPRESENTATIVE CONSULTANTS If required, the Design/Build Entity Construction Manager shall assist the Principal Representative in selecting and retaining the professional services including but not limited to a surveyor, geotechnical, testing and inspection and other special consultants, and coordinate these services, without assuming any responsibility or liability of or for these consultants. START UP The Design/Build EntityConstruction Manager, with the Principal Representative's maintenance staff and/or consultant, shall direct the checkout of utilities, operations, systems and equipment for readiness and assist in their initial startup start-up and testing/commissioning as required in the Scope Narrative with the Subcontractors subcontractors of all tiers. Prior to the Date of Completion of the Work or earlier date for phased occupation of the Work as requested by the Principal Representative, the Design/Build Entity Construction Manager shall schedule and conduct with the Principal Representative and Design Build Entity’s the Architect/Engineer a complete review, commissioning, demonstration, start-up and operational testing of all equipment and mechanical and electrical systems installed by the Design/Build Entity Construction Manager or its Subcontractors subcontractors on the Project, and shall also review the operation and maintenance of such systems with the Principal Representative’s maintenance personnel. Subsequent to this review, the Design/Build EntityConstruction Manager, with reasonable promptness and at no cost to the Principal Representative shall make all adjustments or corrections required by the Principal Representative or Design Build Entity’s the Architect/Engineer and shall balance all systems in order to make all equipment and systems perform as required by the Contract Documents and to reflect the actual use and occupancy of the Project. If necessary or requested by the Design Build Entity’s Architect/Engineer or Principal Representative, the Design/Build Entity Construction Manager shall require the Subcontractorsubcontractor, supplier of material supplier to make adjustments, corrections or balancing required by this process, at no additional cost to the Principal Representative.

AMENDMENTS AND CHANGE ORDERS. The Design/Build Entity Construction Manager shall assist in developing and implementing a system for the preparation, processing and tracking of Amendments and Change Orders using the Project Management Software as described in paragraph 3.6.4 and recommend necessary or desirable changes to the Principal Representative. Fully executed and approved Change Orders shall constitute obligations of the Principal Representative to pay as part of the Contract Sum the amounts identified by such modifications so long as such amounts do not exceed the Guaranteed Maximum Price, however, . Change Orders shall only those portions be used to effect changes in the Work which apply to bidding and construction contingency amounts set forth in paragraphs 3.4. 1through 3.4.5. Any Changes in the Work that result in an increase in said contingencies shall be added to this Agreement by an amendment pursuant to Article 35 of the General Conditions of the Contract Sum that are incorporated by Amendment shall be immediately payable. Change Orders, other than Change Orders allocating contingency amounts already incorporated by an Amendment which modify the Guaranteed Maximum Price, shall be payable only after having been incorporated into the Contract by Amendment. The Design/Build Entity shall provide the Principal Representative with Amendments from time to time aggregating and incorporating Change Orders that do not allocate contingency amounts already incorporated by an Amendment in order to expedite payment of approved Change Order work when performed and payable(SC-6.51). PRINCIPAL REPRESENTATIVE CONSULTANTS If required, the Design/Build Entity Construction Manager shall assist the Principal Representative in selecting and retaining the professional services including but not limited to a surveyor, geotechnical, testing and inspection and other special consultants, and coordinate these services, without assuming any responsibility or liability of or for these consultants. START UP The Design/Build EntityConstruction Manager, with the Principal Representative's maintenance staff and/or consultant, shall direct the checkout of utilities, operations, systems and equipment for readiness and assist in their initial startup start-up and testing/commissioning as required in the Scope Narrative with the Subcontractors of all tiers. Prior to the Date of Completion of the Work or earlier date for phased occupation of the Work as requested by the Principal Representative, the Design/Build Entity Construction Manager shall schedule and conduct with the Principal Representative and Design Build Entity’s the Architect/Engineer a complete review, commissioning, demonstration, start-up and operational testing of all equipment and mechanical and electrical systems installed by the Design/Build Entity Construction Manager or its Subcontractors on the Project, and shall also review the operation and maintenance of such systems with the Principal Representative’s maintenance personnel. Subsequent to this review, the Design/Build EntityConstruction Manager, with reasonable promptness and at no cost to the Principal Representative Representative, shall make all adjustments or corrections required by the Principal Representative or Design Build Entity’s the Architect/Engineer and shall balance all systems in order to make all equipment and systems perform as required by the Contract Documents and to reflect the actual use and occupancy of the Project. If necessary or requested by the Design Build Entity’s Architect/Engineer or Principal Representative, the Design/Build Entity Construction Manager shall require the Subcontractor, supplier of material supplier to make adjustments, corrections or balancing required by this process, at no additional cost to the Principal Representative.