REA Final - 22 Dec 20 - eBook - 1682 pages

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EXHIBIT “C” Attachment to Agreement No. 1213126J-000.620027 dated July 16, 2018, by and between Spearhead Construction LLC. and Skanska/Walsh JV for Furnish and Install Building Framing & Partitions for Pedestrian Bridge B at LaGuardia Central Terminal Building Replacement Project, Queens, New York. A. Issuance of Change Notice: Subcontractor shall be obligated to provide detailed estimate proposals for Contractor Change Notice and associated updated Drawings, Specifications, Engineering Bulletins, or other Technical Design Release issued through Contractor. Updated documents transmitted by Contractor's Project Manager to Subcontractor under an authorized transmittal shall be reviewed and responded to by the Subcontractor with a detailed estimate proposal within ten (10) calendar days after receipt of Change Notice and Documents, unless additional time is authorized and approved by Contractor. B. Unanticipated or Unreasonable Delays : Subcontractor will submit delay impacts due to unanticipated or unreasonable delays outlined in the Contract Documents. Failure to perform to these timelines shall void any such claim. C. Claim of Extra Work: In the event that Contractor directs the Subcontractor to perform any item of work, which the Subcontractor claims involves extra or additional work that has not been authorized by a Change Order or Contractor Change Notice, the Subcontractor shall, within three (3) calendar days after receipt of such direction, make written claim to Contractor, giving in detail the basis of its contention that the work is extra or additional, together with a detailed breakdown showing separately the additional cost of each item of labor and material. Subcontractor’s failure to make written notice of claim within the time specified, and in the manner as provided in the Contract Documents, shall constitute a waiver of such claim and no recovery may be had by the Subcontractor, on account of such work. D. No Basis of Extra Work or Claim: 1. Executive Architects or Engineers’ mark-ups, notes, corrections, or other attached correspondence on Subcontractor’s reviewed technical submittals, shop drawings, product data or samples shall NOT constitute written or inferred authorized direction for changes or revisions to the Scope of Work or basis of claim or extra. 2. Request for Information responses to Subcontractor’s inquiries shall NOT constitute written or inferred authorized direction for changes or revisions to the Scope of Work or basis of claim or extra. 3. Subcontractor’s notation on scheduled reports, daily logs, daily reports, or daily timesheets provided as standard reports to Contractor shall NOT constitute written notification by Subcontractor to Contractor as a basis of claim, delay, or impact to Scope of Work. 4. Any directive, whether written or verbal, from Owner, Architect, or other secondary Parties, that is not authorized in writing as a Change through Contractor to Subcontractor shall NOT constitute written or inferred authorized direction for changes or revisions to the Scope of Work or basis of claim or extra. 2. Rules for Detailed Proposals Subcontractor is obligated and will provide detailed estimate proposals for any change requests to the Subcontractor Price, whether additions to, deductions from, or no change in cost events. Detailed estimate proposals shall be submitted in duplicate to Contractor, stating description of change in a detailed format displaying take-off sheets and calculations for materials, equipment, labor, and percentage increments for overhead and profit. A. Material and equipment shall list description, size, model number, quantities of each, unit rates and extended cost (including applicable discounts), plus predetermined percentage increment for overhead and profit. Material supplier's written estimates, proposals, or invoices shall be submitted.

Exhibit C, Page 8 of 12

Alternates, Unit Prices, and Labor Rates

Version 4.0

(05.2009 ed. Rev. 1)