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ATTACH¡V1ENT D 110de 1 Subagreement Cl auses Requi red by Section 33.1030 40 CFR Part 33 1. Supersession 2. Privity oJ Subagreement 3. Changes 4. niffering Site Conditions 5. Suspension of >lork 6; Termination 7. Remedi es 8. Price Reduction for Defective Cost or Pricing Data 9. Audit; Access to Records 10. Convenant Against Contingent Fees 11. Gratuities 12. Buy A-neri can 13. Res,onsibility of the Contractor 14. Fi na 1 Payment 1. SUPERSESSION The recipient and the contractor agree that this and other appropriate clauses in 40 CFR 33.1030 apply to that work eligible for EPA assistance to be performe.d under this subagreement and that these clauses supersede any conflicting provisions of this ßubagreement. 2. PRIVITY OF SUBAGREEHE~T This subagreernent is expected to be funded in part with funds from the U.S. Environmental Protection Agency. Neither the United States nor any of its departments, agencies, or employees is or will be a party to this subagreement or any lower tier subagreement. This subagreement is to be subject to regulations contained in 40 CFR Part 33 in effect on the date of the assistance award for this project. 3. CHANGES (a) The ;ollowinq clause applies only to subaqreements for constrðction. (1) The recipient may, at any time, without notice to any surety, by written order designated o~ indicated to be a change order, make any change in the work within the general scope of the subagreement, including but not limited to changes: (i) In the specifications (including d,awings and designs); (ii) In the time, method, or manner of performance of the work; (iii") In the recipient-furnished facilities, equipment, materials, services or site; or (iv) Directing acceleration in the performance of the work. (2) A change order shall also be any other written order (inc1uðing direction, instruction, interpretation or determination) from the recipient which causes any change, provided the contractor gives the recipient written notice stating the date, circumstances and ~ource of the order and that the contractôr regårds the order as a change order. (3) Except as provided in this cltluse, no order, statement or ,onduct of the recipient shail be treated as a change under this clause or entitle the contractor to an equitable adjustment. (4) If any change under this clause causes an increase or decrease in the contractor's cost or the time required to perform any part of the work un~er this contract, whether or not changed by any order, the recipient shall makf! an equitable adjustment and modify the subagreement in writing. Except for claims based on defective specifications, no claim for any change under paragraph (a)(2) above shall be allowed for any costs incurred more than 20 days before the contractor gives written notice as required in paragraph (a)(2). In the case of defeéti~e ~pecifications for which the recipient is responsible, the equitable adjustment shall include any increased cost the contractor reasonably incurred in attempting to comply with those defective specifications. (5) If the contractor intends to assert a claim for an equitable adjustment under this clause, he must, within 3D days after receipt of a written change order under paragraph (a)(l) or the furnishing of a written ~otice under paragraph (a)(2), submit a written statement to the recipient setting forth the general nature and monetary extent of such cJaim. The recipient IJJðY extend the 3D-day peri od. The contractor may include the statement of claim in the notice under paragraph (2) of this change clause. (6) Ho claim by the contractor for an equitable adjustment shall be allowed if made after final payment under this .'>ubagreement. (b) The fol10winq clause applies only to subaqreements for services. (I) The recipient may at any time, by written order make changes within the general scope of this subagreement in the services or work to be perfonneá. If such changes cause an increase or decrease in the contractor's cost or time required to perform any services under this subagreement whether or not changed by any order, the recipient shall make, an equitable adjustm~nt and modify this subagreement in writing. The contractor must assert any claim for adjustment under this clause in wniting within 30 days from the date it receives the recipient's notification of change, unless the recipient grants additional time before the date of final pa,yment.