Web viewSC-4.04.A.1 Change word “Progress ... Interpretation of Contract ... 10.03.C The RPR shall not: 10.03.C.1 Authorize any deviation from the Contract

Alexandria Renew Enterprises2014 Standard Supplemental Conditions

IFB 15-002, UV Disinfection System Supplier Pre-Selection

These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2013 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect.

The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix “SC” added thereto.

SC-1.01 Delete 1.01.A.20 in its entirety and replace the following:

1.01.A.19 Engineer – The individual or entities named as such in the Agreement. The term Engineer is used interchangeably between entities throughout the Contract Documents. The Engineer shall also be interpreted to include a third-part Construction Manager employed by the Owner, if so designated by the Owner. Any reference to a notice to be provided by the Contractor to the Engineer shall likewise be required to be provided to the Owner.

SC-1.01.A.29 Add the following sentence after the first sentence:

The Progress Schedule is intended to be a construction status update of the approved Baseline Schedule.

SC- 1.01.A.48 – Add the following sentence after the first sentence:

Work Change Directive is used interchangeably with the term Work Authorization Directive.

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SC-1.01.A.49 Add the following new paragraph:

1.01.A.49 Contractor’s Health and Safety Plan – Documented plan, to be submitted by Contractor to Engineer for review, outlining Contractor’s health and safety policies and procedures, administration, and enforcement to ensure safety for all personnel in execution of the Work. The Health and Safety Plan must conform with and meet the minimum regulatory requirements, as well as those established in the Owner’s Health and Safety Plan, included in the Contract Specifications Section 01 35 23 (in the case of a conflict between regulatory requirements and the Owner’s Health and Safety Plan, the stricter requirements must be followed).


1.01.A.50 Conformed Documents – Documents prepared by Engineer, after receipt of bids, to incorporate all Addenda to create an “as-bid” set of documents. The Conformed Documents are to be used for construction.


1.01.A.50 Baseline Schedule – A schedule, prepared by the Contractor and approved by the Engineer, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. The Baseline Schedule cannot be changed by the Contractor without approval of the Engineer.

SC-1.02.F Add the following new paragraph

1.02.G “Imperative” or “Command” type language is used in the Contract Documents. This language refers to and is directed to the Contractor.

1.02.H Emphasis, such as italics, underlining, bold text, or quotes, may have been used throughout the Contract Documents. Use of emphasis shall not change the meaning of the term emphasized.

SC-2.01.A Add the following language to the end of the first sentence of Paragraph 2.01.A:

Contractor shall not be permitted to begin Work at the Site until all required bonds have been delivered to Owner.

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SC-2.01.B Add the following language to the end of the first sentence of Paragraph 2.01B:

Contractor shall not be permitted to begin Work at the Site until acceptable evidence of all required insurance has been delivered to Owner.

SC-2.02.A Delete Paragraph 2.02.A in its entirety and insert the following in its place:

2.02.A Owner shall furnish the Conformed Documents to Contractor in an electronic format (PDF) only.

SC-2.03.A Delete the word “Preliminary.”

SC-2.03.A.1 Delete the words “preliminary Progress” and replace with “Baseline.”

SC-2.03 Add the following new paragraphs immediately after Paragraph 2.03.A:

2.03.B Unless otherwise directed by Engineer, Contractor shall not begin any field work until the Baseline Schedule has been approved. Likewise, no request for payment shall be considered until the submitted Schedule of Values has been approved by the Engineer.

2.03.C Contractor Health & Safety Plan: Prior to the Notice to Proceed Date as identified in writing by Owner, Contractor shall submit the Contractor’s Health & Safety Plan to Engineer for review. Contractor shall not be permitted to begin Work at the Site until Contractor’s Health and Safety Plan has been accepted by the Owner.

SC-3.01.A Delete paragraph 3.01.A in its entirety and insert the following in its place:

3.01.A The Contract Documents comprise the entire agreement between Owner and Contractor governing the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. In resolving inconsistencies among two or more components of the Contract Documents, precedence shall be given in the following order:

3.01.A.1 Agreement.

3.01.A.2 Supplementary Conditions.

3.01.A.3 General Conditions.

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3.01.A.4 Specifications - Division 01

3.01.A.5 Specifications – Divisions 02 through 44.

3.01.A.6 Drawings.

3.01.A.7 Bonds.

3.01.A.8 Contractor’s Bid.

Written Amendments, Change Orders, Work Change Directives, Field Orders, Engineer’s written interpretations and clarifications, Notice to Proceed and Addenda in precedence listed, will take precedence over all other Contract Document components referenced herein. Figure dimensions on Drawings will take precedence over scaled Drawings. Detailed Drawings will take precedence over general Drawings.

SC-3.01.B Add the following language after the first sentence:

Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to the Owner.

SC-3.01.F Add the following new paragraphs immediately after Paragraph 3.01.E:

3.01.F Each and every clause or other provision required by law to be inserted in these Contract Documents shall be deemed to be inserted herein, and they shall be read and enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the application of either party, the Contract Documents shall forthwith be amended to make such insertion.

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SC-4.01.A Delete the last sentence and add the following:

In no event will the Contract Times commerce to run later than the thirtieth day after the Effective Date of the Agreement; however, the Contractor’s failure to provide all of the documents required by Article 2, within the time so specified, and to participate in the meeting required by Paragraph 2.04, shall be a basis for termination of the Contract by Owner at no cost to Owner or for Owner to withhold issuance of the Notice to Proceed, but such withholding by Owner shall not provide a basis for a Claim of delay by Contractor.

SC-4.04.A.1 Delete Paragraph 4.04.A.1 in its entirety and replace with the following:

4.04.A.1 Unless otherwise indicated, Contractor shall submit progress updates to the Baseline Schedule with each Application for Payment or monthly (whichever is more frequent). Progress updates to Baseline Schedule shall reflect the actual work completed and identify changes or issues affecting the work and their potential impact to the approved baseline schedule. Contractor may submit proposed adjustments to the Baseline Schedule for Engineer’s acceptance that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Conditions applicable thereto. Changes to the Baseline Schedule may not be made without the consent of the Owner.

SC-4.04 Change word “Progress” to “Baseline”

SC-4.04.A Change word “Progress” to “Baseline”

SC-4.04.A.1 Change word “Progress” to “Baseline”

SC-4.04.A.2 Change word “Progress” to “Baseline”

SC-4.04.B Change word “Progress” to “Baseline”

SC-4.04.C Add the following new paragraph immediately after Paragraph 4.04.B:

4.04.C When applicable, Contractor shall submit for Engineer’s review and approval, a revised Baseline Schedule to reflect all approved change orders and adjustments to the Contract.

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SC-4.05.H. Add the following new paragraph immediately after Paragraph 4.05.G:

4.05.H The Contractor acknowledges that it has taken into consideration normal weather conditions. Normal weather does not mean statistically average weather, but rather a range of weather patterns which might be reasonably anticipated based on weather data for the past ten (10) years (i.e., conditions which are not extremely unusual). Normal weather conditions shall be determined from the public historical records available. An extension of time for abnormal weather will be reasonably considered by the Owner under the following conditions:

4.05.H.1 The request for additional time shall be further substantiated by weather data collected during the period of delay at the Site. Said data must demonstrate that an actual departure from normal weather occurred at the Site, during the dates in question.

4.05.H.2 The extension requested must be supported by delay in completion of the entire Project shown on the existing Project Schedule. Extensions will be granted only for delays in completion of the Project, not for that portion of any delay which consumes only float time built into the Project Schedule.

4.05.H.3 All of the evidence and data supporting the request must be furnished to the Owner before any consideration will be given to the request.

4.05.H.4 The description of what constitutes abnormal weather conditions, as set out in Paragraph 4.05.H. applies to that term as used in this Paragraph 4.05.

4.05.H.5 However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

SC-5.01.C Delete Paragraph 5.01.C in its entirety.

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SC-5.02.B Add the following language at the end of the second sentence of Paragraph 5.02.B:

If Contractor fails to comply with this Paragraph 5.02.B, Owner shall have the right to take corrective action and charge the costs of doing so to Contractor, including withholding amounts otherwise due Contractor to reimburse Owner’s costs of doing so.

SC-5.02.C Add the following language at the end of the second sentence of Paragraph 5.02.C:

If Contractor fails to comply with this Paragraph 5.02.C, Owner shall have the right to take corrective action and charge the costs of doing so to Contractor, including withholding amounts otherwise due Contractor to reimburse Owner’s costs of doing so.

SC-5.03.A Add the following new paragraphs immediately after Paragraph 5.03.A.3:

5.03.A.4 In preparation of Drawings and Specifications, Engineer relied upon the following reports of explorations and tests of subsurface conditions at the Site:

LIST REPORT NAME

5.03.A.5 In preparation of Drawings and Specifications, Engineer relied upon the following reports of physical conditions in or relating to existing surface and subsurface structures (except ALL UNDERGROUND FACILITIES) which are at or contiguous to the Site:

LIST REPORT NAME

SC 5.03.C Add the following new paragraphs immediately after Paragraph 5.03.B.3:

5.03.C The reports and drawings identified above are not part of the Contract Documents, but the “technical data” contained therein upon which Contractor shall rely, as expressly identified and established above, are incorporated in the Contract Documents by reference. Contractor is not entitled to rely upon any other information and data known to or identified by Owner or Engineer.

5.03.D Copies of reports and drawings identified in SC-5.03.A.4 and 5.03.A.5 that are not included with the Bidding Documents may be examined in Building J at the Alexandria Renew Enterprises, 1500 Eisenhower Avenue, Alexandria, Virginia, during regular business hours.

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SC- 5.06.A Add following new paragraphs immediately after Paragraph 5.06.A.2:

5.06.A.3 In preparation of Drawings and Specifications, Engineer utilized the following reports or drawings related to Hazardous Environmental Conditions:

LIST REPORT NAME

SC 5.06.I. Delete Paragraph 5.06.I in its entirety.

SC-6.02.C Delete Paragraph 6.02.C in its entirety and insert the following in its place:

6.02.C Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certified copies of the policies of insurance and endorsements thereto (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to maintain along with a “paid” invoice or a letter from the insurance company or agent stating that the premiums are paid up to date and are not in arrears.

SC-6.02.C.1 Include as additional insureds, as provided in paragraph 6.02.C of the General Conditions, the following parties or entities:

6.02.C.1.a Alexandria Renew Enterprises

6.02.C.1.b Hazen and Sawyer

6.02.C.1.c Jacobs Engineering Group

6.02.D Delete paragraph 6.02.D in its entirety.

SC-6.03.K Add the following new paragraphs immediately after paragraph 6.03.J:

6.03.K All deductibles and self-insured retention shall be noted in the policies and shall be subject to approval by the Owner. At the option of the Owner, either the insurer shall reduce or eliminate such deductible of self-insured retention, or the Contractor shall be required to procure a bond guaranteeing payment of losses and related claims expenses.

6.03.L The Contractor’s insurance shall be primary over any applicable insurance or self-insurance maintained by the Owner.

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6.03.M Failure to comply with any reporting provisions of the policy(s) shall not affect the Contractor’s liability to the Owner, its officers/officials, agents, employees and volunteers.

6.02.N All coverage required of the Contractor shall be as broad as the Insurance Services Office (ISO) forms filed for use with the Commonwealth of Virginia. Contractor shall maintain copies of insurance policies maintained by it Subcontractors and shall make them available to the Owner upon demand. Contractual and other liability insurance provided by the Contractor shall not contain a supervision, inspection or services exclusion that would preclude the Owner from supervising and/or inspecting the Project as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of Subcontractors and any person employed by a Subcontractor.

6.03.O The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

6.03.O.1. Worker’s Compensation, and related coverages under Paragraphs 6.03.A, 6.03.B, 6.03.C, 6.03.D, 6.03.E, 6.03.F, 6.03.G,and 6.03.H of the General Conditions:

6.03.O.1.a State: Statutory

6.03.O.1.b Applicable Federal (e.g., Longshoremen’s): Statutory

6.03.O.1.c Employer’s Liability: Bodily Injury by Accident, $1,000,000.00 each accident; Bodily Injury by Disease $1,000,000.00 policy limit; and Bodily Injury by Disease, $1,000,000.00 each employee.

6.03.O.2 Contractor’s General Liability under 6.03 of the General Conditions which shall be endorsed to include broad form and include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor:

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6.03.O.2.a General Aggregate $1,000,000.00

6.03.O.2.b Products – Completed Operations Aggregate $1,000,000.00

6.03.O.2.c Personal and Advertising Injury $1,000,000.00

6.03.O.2.d Each Occurrence (Bodily Injury and Property Damage) $1,000,000.00

6.03.O.2.e Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable.

6.03.O.2.f Excess or Umbrella Liability

1) General Aggregate $10,000,000

2) Each Occurrence $10,000,000

6.02.O.2.g Fire Damage Limit $50,000.00

6.02.O.2.h Medical Expense Limit $5,000.00

6.03.O.3 Automobile Liability under Paragraph 6.03.D General Conditions:

6.03.O.3.a Combined Single Limit $1,000,000.00

6.03.O.3.b Each Occurrence Limit $1,000,000.00

6.03.O.3.c Medical Expense Limit $5,000.00

6.03.O.4 The Contractual Liability coverage required by 6.03 of the General Conditions shall provide coverage for not less than the following amounts:

6.03.O.4.a Bodily Injury:

Each person $1,000,000

Each Accident $2,000,000

6.03.O.4.b Property Damage:

Each person $1,000,000

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Each Accident $2,000,000

SC-6.03.I.3 Change “10 days” to “60 days”

SC-6.03.I.4 Add the following sentence after the final sentence in 6.03.I.4:

In no case shall the period of coverage be terminated before a period ending one year after issuance of the final payment.

SC-6.05.A.5 Delete Paragraph 6.05.A.5 in its entirety and insert the following in its place:

6.05.A.5 Extend to cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer, but not including property stored at the premises of the manufacturer or supplier:

SC-6.05.A.13. Delete Paragraph 6.05.A.13 in its entirety and insert the following in its place:

6.05.A.13 Be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 60 days written notice to each other loss payee to whom a certificate of insurance has been issued.

SC-6.05.B Change “10 days” to “60 days”.

SC-6.06.B Delete Paragraph 6.06.B in its entirety.

SC-7.01.A Add the following language at the beginning of Paragraph 7.01.A:

The relationship of the Contractor to the Owner shall be that of an independent contractor.

SC-7.01.B Add the following language at the end of Paragraph 7.01.B:

The Contractor’s superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Contractor’s superintendent shall be binding on Contractor. The Contractor’s superintendent must be acceptable to the Owner and Engineer.

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SC 7.02.A Amend the first sentence of Paragraph 7.02.A to add “skilled” after “competent” and add the following language at the end of the paragraph:

Contractor shall, upon demand from the Engineer or Owner, immediately remove any manager, superintendent, foreman or workman whom the Engineer or Owner may consider incompetent or undesirable.

SC-7.02B in 7.02.B, change ”legal holiday” to “Alexandria Renew Enterprises observed holidays” and add the following language at the end of Paragraph 7.02.B:

Normal working hours shall be defined as 7 a.m. to 6 p.m. unless otherwise approved in advance by the Owner.

SC 7.03.D Add the following new paragraph immediately after Paragraph 7.03.C:

7.03.D Without limiting the responsibility or liability of the Contractor pursuant to this Agreement, all warranties given by manufacturers on materials or equipment incorporated in the Work are hereby assigned by the Contractor to the Owner. If requested, the Contractor shall execute formal assignments of said manufacturer’s warranties to the Owner. All such warranties shall be directly enforceable by the Owner. Such assignment shall in no way affect the Contractor’s responsibilities and duties during the warranty period.

SC-7.05.D Add the following language at the end of Paragraph 7.05.D:

Reimbursement rates for Engineer for evaluation of proposed substitutes shall be on the basis as established in Paragraph 15.01.E.1.e of these Supplementary Conditions.

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SC-7.07.C Add the following language at the end of Paragraph 7.07.C:

Additionally, in the event Owner is enjoined from the operation or use of the Work or any part thereof in connection with any dispute resolution proceeding, Contractor shall (at its sole expense) take all reasonable steps possible to procure for Owner the right to operate or use the Work or part thereof. If Contractor cannot so procure the aforesaid right within a reasonable time, Contractor shall then promptly (at Contractor’s sole expense): (i) modify the Work so as to avoid infringement of any patent or other proprietary interest, or (ii) replace said Work with Work that does not infringe or violate any such patent or other proprietary interest, or (iii) remove said Work and refund any compensation theretofore paid to Contractor and pay to Owner any transportation costs and other expenses that may have been paid or incurred by them in connection with the Work so removed.

SC-7.07.B Delete paragraph 7.07.B in its entirety.

SC-7.08.A Replace the last sentence at the end of Paragraph 7.08.A with the text below:

Owner will obtain necessary permit approvals from Virginia Department of Environmental Quality (Certificate to Construct) and City of Alexandria (Building Permit).

SC-7.09 Add the following new paragraphs immediately after paragraph 7.09.A:

7.09.B Certified water pollution control equipment and facilities are exempt from state Sales tax within the Commonwealth of Virginia. The Owner will submit an application for sales tax exemption to the Virginia Department of Environmental Quality. Upon receipt of this application, the Virginia Department of Environmental will evaluate the application, if appropriate, and make a certification to the Virginia Department of Taxation. If approved, the the Virginia Department of Taxation will provide a tax exemption certificate to the Contractor.

SC-7.10.D Add the following new paragraphs immediately after Paragraph 7.10.C:

7.10.D The Contractor shall keep fully informed of all laws, ordinances, and regulations of the federal, state, county, and municipal governments or authorities in any manner affecting those engaged or employed in the Work or the materials used in the Work or in any way affecting the conduct of the Work and all orders and decrees of bodies or tribunals having jurisdiction or authority over same.

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7.10.E During the performance of the Contract, Contractor agrees as follows:

7.10.E.1 Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

7.10.E.2 Contractor, in all solicitations or advertisements for employees placed by or on behalf of Contractor, will state that such Contractor is an equal opportunity employer.

7.10.E.3 Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this paragraph.

7.10.E.4 Contractor will include the provisions of foregoing Paragraphs 7.10.E.1, 2 and 3 in every subcontract of purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

7.10.F During the performance of this Contract, Contractor agrees to (i) provide a drug-free workplace for Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Contractor’s workplace and specifying the action will be taken against employees or violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

7.10.G The Contractor represents that it does not, and during the performance of this Contract, it shall not, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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7.10.H The Contractor represents that if it is organized as a stock or non-stock corporation, limited liability company, business trust or limited partnership or registered as a registered limited liability partnership, it is authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if required by law, and that it shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required by law, to be revoked or cancelled at any time during the term of this Contract.

7.10.I The Contractor acknowledges that the Owner does not discriminate against faith-based organizations.

SC-7.11.A Add the following language to the end of Paragraph 7.11.A:

Contractor shall certify, to the best of its knowledge and belief, that the record documents, Samples and Shop Drawings that are delivered to the Engineer, are complete.

SC-7.12.B Add the following language to the end of Paragraph 7.12B:

Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.

SC-7.12.E Add the following text to the end of Paragraph 7.12.E:

If the Contractor has not restored damaged property within 48 hours of written notice by the Owner, or sooner in the case of an emergency, the Owner may proceed with restoration of the property, improvements, or facilities deemed necessary. The cost thereof will be deducted from and monies due or which may become due Contractor under the Contract.

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SC-7.12.H Add following new paragraph after Paragraph 7.12.G:

7.12.H The Owner reserves the right to suspend the Work or any portion thereof if, in its reasonable judgment, the Contractor has or is violating the Contract or any requirement thereof, including but not limited to violations of the Owner’s or Engineer’s safety programs or any Law or Regulation related to jobsite safety. The Contractor shall not receive any adjustment in the Contract Price or Contract Time on the basis of such suspension, even if it is determined that no violation actually existed.

SC-7.13.B Add the following new paragraph after Paragraph 7.13.A:

7.13.B This safety representative shall work with the Owner to ensure that no construction activities at the Site infringe upon any activities of the Owner or its employees or the existing facilities located at the Site. Further, the safety representative shall work closely with the Owner to ensure that the Contractor’s emergency plans do not adversely affect or infringe upon the emergency or regular operations of the Owner’s existing facilities or its emergency plans and operations.

SC-7.14.B Add following new paragraph after Paragraph 7.14.A:

7.14.B Contractor shall inform the Engineer and Owner of material safety data sheets and hazard communications requirements to further ensure that the Engineer’s and Owner’s employees are not exposed to hazards associated with any portion of the Project in which Engineer’s or Owner’s employees do not have prior specific knowledge.

SC-7.15.B Add following new paragraph after Paragraph 7.15.A:

7.15.B Contractor shall immediately inform Owner if any condition exists or occurs which has the potential to inflict or cause an environmental health or safety risk to any employee or property of the Owner.

SC-7.16.A.2 Add the following sentence at the beginning of Paragraph 7.16.A.2:

Shop Drawings shall be submitted in electronic format (PDF with major sections bookmarked) and as further directed by the Engineer.

SC-7.16.E.1 Delete the words “the required number of corrected copies” and replace with the words “a corrected electronic copy”.

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SC-7.16.E.2 Delete Paragraph 7.16.E.2 in its entirety and insert the following in its place:

7.16.E.2 Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than the number of submittals specified in Paragraph 15.01.E of these Supplementary Conditions. Engineer will record time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer’s charges for such time in accordance with Paragraph 15.01.E of these Supplementary Conditions.

SC-7.18.A Delete Paragraph 7.18.A in its entirety and insert the following in its place:

7.18.A To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of the Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all liability, claims, costs, losses, and damages (direct and indirect, and including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work by Contractor, or any Subcontractor, Supplier or any individual or entity directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, negligent or willful acts or omissions in the performance of the Work or the Contract, provided that any such liability, claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, except to the extent such injury, sickness, disease, death or property damage or destruction is caused solely by the gross negligence or willful misconduct of Owner or any third party not a Subcontractor, Supplier or other individual or entity for whose acts Contractor is liable.

SC 8.01.A Add the following language at the end of Paragraph 8.01.A:

The parties acknowledge, however, that the Site is an active work location for the Owner and shall remain such for the duration of this Project, and that the Contractor shall in no way interfere with or impede the Owner’s regular business activities.

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SC 8.03.D Delete Paragraph 8.03.D in its entirety and insert the following in its place:

8.03.D If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall proceed as set forth in Paragraph 8.04.

SC-8.03.E Add the following new paragraph immediately after Paragraph 8.03.D:

8.03.E Except for the rights provided in Paragraph 8.03, nothing in this Contract shall be deemed to grant any other third party beneficiary rights to Contractor or in this Contract.

SC-8.04 Add the following Article immediately after Paragraph 8.03.E:

8.04 Claims Between Contractors

8.04.A Should Contractor cause damage to the work or property of any other contractor at the Site, or should any claim arising out of Contractor’s performance of the Work at the Site be made by any other contractor against Contractor, Owner, or Engineer, then Contractor (without involving Owner, or Engineer) shall either (1) remedy the damage, (2) agree to compensate the other contractor for remedy of the damage, or (3) remedy the damage and attempt to settle with such other contractor by agreement, or otherwise resolve the dispute by mediation or at law.

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8.04.B Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Engineer, the construction coordinator and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including, but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and court or arbitration or other dispute resolution costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any other contractor against Owner, Engineer, consultants, or the construction coordinator to the extent said claim is based on or arises out of Contractor’s performance of the Work. Should another contractor cause damage to the Work or property of Contractor or should the performance of work by any other contractor at the Site give rise to any other claim, Contractor shall not institute any action, legal or equitable, against Owner, Engineer, or the construction coordinator or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from Owner, Engineer, or the construction coordinator on account of any such damage or claim.

8.04.C If Contractor is delayed at any time in performing or furnishing the Work by any act or neglect of another contractor, and Owner and Contractor are unable to agree as to the extent of any adjustment in Contract Times and/or Contract Price attributable thereto, Contractor may make a Claim for an extension of times or adjustments of price in accordance with Article 11.

SC-10.03.B Add the following new paragraphs immediately after Paragraph 10.03.A:

10.03.B If the Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative (RPR) to represent the Engineer at the Site, the RPR will be Engineer’s employee or agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with the Engineer regarding his/her actions. RPR’s dealings in matters pertaining to the Work in general shall be with the Engineer and Contractor. RPR’s dealings with Subcontractors shall be through or with the full knowledge and approval of Contractor. The RPR shall:

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10.03.B.1 Schedules: Review the Progress Schedule, schedule of Shop Drawings and Sample submittals, and Schedule of Values prepared by Contractor.

10.03.B.2 Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof.

10.03.B.3 Liaison:

10.03.B.3.a Serve as Engineer’s liaison with Contractor, working principally through Contractor’s authorized representative, assist in providing information regarding the intent of the Contract Documents.

10.03.B.3.b Serve as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s onsite operations.

10.03.B.3.c Assist in obtaining from Owner additional details or information, when required for proper execution of the Work.

10.03.B.4 Interpretation of Contract Documents: Indicate when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as appropriate.

10.03.B.5 Shop Drawings and Samples:

10.03.B.5.a Record date of receipt of Samples and approved Shop Drawings.

10.03.B.5.b Receive Samples for examination, which are furnished at Site by Contractor.

10.03.B.6 Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and issue decisions in writing.

10.03.B.7 Review of Work and Rejection of Defective Work:

10.03.B.7.a Conduct onsite observations of Contractor’s work to assist in determining if the Work is in general proceeding in accordance with the Contract Documents.

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10.03.B.7.b Report to Owner whenever RPR believes that any part of Contractor’s work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Owner of the part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval.

10.03.B.8 Inspections, Tests, and System Startups:

10.03.B.8.a Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof.

10.03.B.8.b Observe, record, and report appropriate details relative to test procedures and system start-ups.

10.03.B.9 Records:

10.03.B.9.a Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment.

10.03.B.9.b Maintain records for use in preparing Project documentation.

10.03.B.10 Reports:

10.03.B.10.a Furnish periodic reports as required of progress of the Work and of Contractor’s compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals.

10.03.B.10.b Draft and recommend to Owner proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor.

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10.03.B.10.c Immediately notify Owner of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Hazardous Environmental Condition.

10.03.B.11 Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Owner, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work.

10.03.B.12 Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered for review and forwarding to Owner prior to payment for the part of the Work.

10.03.B.13 Completion:

10.03.B.13.a Participate in a Substantial Completion inspection, assist in determination of Substantial Completion and the preparation of lists of items to be completed or corrected.

10.03.B.13.b Participate in a final inspection in the company of Owner and Contractor and prepare a list of items to be completed and deficiencies to be remedied.

10.03.B.13.c Observe whether all items on the final list have been completed or corrected and make recommendations to Owner concerning acceptance and issuance of the notice of acceptability of the Work.

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10.03.C The RPR shall not:

10.03.C.1 Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items).

10.03.C.2 Exceed limitations of Engineer's authority as set forth in the Contract Documents.

10.03.C.3 Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor's superintendent.

10.03.C.4 Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents.

10.03.C.5 Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.

10.03.C.6 Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer.

10.03.C.7 Accept Shop Drawing or Sample submittals from anyone other than Contractor.

10.03.C.8 Authorize Owner to occupy the Project in whole or in part.

SC-11.01.A Add the following language immediately after the first sentence:

Provisions of the Contract Documents that do not affect the scope of the Work may also be amended by a written amendment signed by both Owner and Contractor.

SC 13.01.B.5.e Amend Paragraph 13.01.B.5.e to add the words “or intentional misconduct” after “negligence”.

SC 13.01.B.5.f Amend Paragraph 13.01.B.5.f to add the words “or intentional misconduct” after “negligence”.

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SC 13.01.B.5 Add the following new paragraphs immediately after Paragraph 13.01.B.5.i:

13.01.B.5.j Costs of removal of debris from the site.

13.01.B.5.k Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay.

13.01.B.5.l Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work.

13.01.B.5.m Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of settlements made with the Owner's consent; provided, however, that such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Contractor's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by provisions of the Contract Documents.

13.01.B.5.n Legal, mediation and arbitration costs, other than those arising from disputes between the Owner and Contractor, reasonably incurred by the Contractor in the performance of the Work and with the Owner's written permission, which permission shall not be unreasonably withheld.

13.01.B.5.o Costs incurred by the Contractor in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons or property.

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13.01.B.5.p Costs incurred by the Contractor in repairing or correcting damaged or nonconforming Work executed by the Contractor or its Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence, intentional misconduct or failure of the Contractor or the Contractor's foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel, to perform in accordance with the Contract Documents or of the failure of the Contractor's personnel to supervise adequately the Work of the Contractor’s Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Contractor from insurance, its Subcontractors or its suppliers.

13.01.B.5.q Other costs incurred by the Contractor in performance of the Work if and to the extent approved in advance in writing by the Owner.

13.01.B.5.r Mobilization and demobilization cost associated with Project.

13.01.B.5.s Project specific, on-site, safety inspection and related safety supplies and costs.

13.01.B.5.t Project specific, on site, quality control inspection and quality assurance and control costs.

SC 13.01.C.4 Amend Paragraph 13.01.C.4 to add the words “or intentional misconduct” after “negligence”.

SC-13.03.F Add the following new paragraphs immediately after Paragraph 13.03.E:

13.03.F The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions:

13.03.F.1 if the variation in the quantity of a particular item of Unit Price Work performed by Contractor differs by more than twenty-five percent (25%) from the estimated quantity of such item indicated in the Agreement; and

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13.03.F.2 if Contractor believes that Contractor has incurred additional expense as a result thereof or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Article 12 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed.

SC-15.01.B.1 Delete Paragraph 15.01.B.1 in its entirety and insert the following in its place:

15.01.B.1 No later than 5 days before the date established in the Pre-Construction Meeting for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents, including but not limited to an updated Baseline Schedule reflecting Project progress in accordance with Paragraph 4.04.A.1, conditional lien waivers for any Work that is covered by the current Application, and unconditional lien waivers for any Work for which Owner has already paid Contractor. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens; evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein; and warranting that the offsite materials and equipment shall be made accessible to Owner and/or Engineer for inspection promptly upon their reasonable request, all of which must be satisfactory to Owner.

SC-15.01.D.1 Change “Ten days” to “Thirty days.”

SC-15.01.E Add the following new paragraphs immediately after Paragraph 15.01.E.1.l.

15.01.E.1.m Owner compensation to the Engineer at an estimated average rate of $150 per extra personnel hour for labor, plus expenses, if applicable, because of the following Contractor-caused events:

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15.01.E.1.m.i Submittal review in excess of two reviews (original submittal plus one resubmittal) for substantially the same submittal, in accordance with Paragraph 7.16.E.2 of these Supplementary Conditions.

15.01.E.1.m.ii Engineer oversight of Contractor work activities outside Owner’s normal working hours or observed holidays.

15.01.E.1.n Owner’s cost, at an estimated average rate of $75 per each extra personnel hour for labor plus expenses, if applicable, because of the oversight/coordination of Contractor work activities outside Owner’s normal working hours or observed holidays.

SC-15.03 Delete Paragraphs 15.03.B through 15.03E in their entirety and insert the following in their place:

15.03.B Conditions precedent to Substantial Completion are identified in Specifications Section Division 1 – Close-Out.

SC-15.05 Add the following new paragraph immediately after Paragraph 15.05.A.

15.05.B Conditions precedent to Final Completion are identified in Specifications Section Division 1 – Close-Out.

SC-15.06.D Delete the paragraph in its entirety and replace with the following:

Thirty days after Owner’s Board approval of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become and shall be paid by Owner to Contractor.

SC 15.07.B Amend Paragraph 15.07.B to add the following language at the end of the sentence:

or which may still be made in a timely manner as provided under the Contract Documents.

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SC-15.09 Add the following new paragraphs immediately after Paragraph 15.08:

15.09 Contractor Payments to Subcontractors

15.09.A Within seven (7) days after receipt of amounts paid by Owner to Contractor, Contractor shall take one (1) of the following two (2) actions with regard to Work performed by a Subcontractor:

15.09.A.1 Pay Subcontractor for the proportionate share of the total payment received from Owner attributable to the Work performed by Subcontractor under the Contract; or

15.09.A.2 Notify Owner and Subcontractor, in writing, of Contractor's intention to withhold all or a part of Subcontractor's payment with the reason for nonpayment.

15.09.B Individual Contractors shall provide their social security numbers and Contractors organized as proprietorships, partnerships or corporations shall provide their federal employer identification numbers to Owner prior to the start of Work under this Contract.

15.09.C Contractor shall pay interest to Subcontractors on all amounts owed by Contractor that remain unpaid after seven (7) days following receipt by Contractor of payment from Owner for Work performed by Subcontractor under this Contract, except for amounts withheld as allowed in Paragraph 15.09.A.2.

15.09.D Unless otherwise provided under the terms of this Contract, interest shall accrue at the rate of one percent (I %) per month.

15.09.E Contractor shall include in each of its subcontracts a provision requiring each Subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower tier Subcontractor as set forth in this Paragraph 15.09.

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SC-16.01.A Add the following language at the end of 16.01.A:

Provided, however, if the Owner suspends Work or any portion thereof due to its reasonable judgment that the Contractor has or is violating the Contract or any requirement thereof, including but not limited to violations of the Owner's safety programs or any Law or Regulation related to jobsite safety, then the Contractor shall not receive any adjustment in the Contract Price or extension of the Contract Times, even if it is determined that no violation actually existed.

SC 16.02.E Amend the second sentence of Paragraph 16.02.E by adding the words “related to Work completed by the Contractor but unpaid as of the time of termination” after “Contract Price”.

SC-17.01.A Delete Paragraph 17.01 in its entirety and insert the following in its place:

17.01.A Initial Resolution Procedures

17.01.A.1 Claims related to adjustments in the Contract Price or the Contract Times that are not resolved by the process set forth in Paragraph 12.01 of the General Conditions, and any other Claims or disputes arising under or related to the Contract Documents shall first be the subject of discussions between the authorized representatives of the Owner and the Contractor with the goal of resolving issues before mediation or litigation. Parties shall provide written notice of all potential Claims, Claims, and disputes to the other party in a "Notice of Request for Dispute Resolution" for which they wish to use this dispute resolution process. The Notice of Request for Dispute Resolution shall identify the substance and basis for the Claim, along with the amount disputed, if any. The party receiving the Notice of Request for Dispute Resolution shall respond in writing within ten business days by setting forth that party's position with respect to each Claim raised in the Notice of Request for Dispute Resolution. Authorized representatives of each party will thereafter meet to discuss and attempt to resolve the Claim(s).

17.01.A.2 All Claims and disputes arising under the Contract and not resolved under this initial effort may, upon agreement of both parties, be directed to voluntary mediation.

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17.01.B Voluntary Mediation

17.01.B.1 If the parties elect to pursue voluntary mediation, the formal mediation proceeding shall be conducted by a single, impartial mediator appointed by and under the rules of The McCammon Mediation Group. All open and unresolved issues and Claims agreed to by the parties shall be the subject of the confidential mediation proceeding. However, there will not be repetitive mediations of smaller matters. Thus, mediation shall occur after the time the Contractor has completed its services under the Contract, subject to the following two exceptions:

17.01.B.1.a Either party may request and obtain mediation of any single Claim or dispute with an alleged monetary value of more than $ 100,000.

17.01.B.1.b If at any point prior to completion of the services under the Contract, the total alleged monetary value of all Claims and disputes preserved by a party's Notice(s) of Claim exceeds $100,000, the parties may agree upon mediation of all such matters.

17.01.B.2 The parties shall split the hourly fees of the mediator 50/50; each shall bear their respective legal fees and other costs. The mediation will take place at the Tysons Corner, Virginia offices of McGuireWoods, LLP, unless the parties agree otherwise. If they elect to seek mediation, each party shall participate in good faith in such mediation as a strict condition precedent to such party instituting any litigation authorized below. All communications and submissions concerning and during the mediation will be strictly confidential and inadmissible in any court proceeding.

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17.01.C Litigation

17.01.C.1 Any and all Claims and disputes which are unresolved following the initial resolution procedures and voluntary mediation, if pursued, shall be resolved exclusively by litigation in either the Circuit Court of the City of Alexandria, Virginia or the United States District Court for the Eastern District of Virginia. These two courts shall have exclusive and binding jurisdiction and venue over any and all disputes arising under the Contract. THE PARTIES VOLUNTARILY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY. THE FACT FINDER SHALL BE THE COURT SITTING WITHOUT A JURY.

17.01.D If the Contractor’s Claim or dispute is for costs or damages due to the Owner’s alleged delaying of the Contractor in the performance of its Work under any the Contract, the Contractor shall be liable to the Owner and shall pay it for a percentage of all costs incurred by the Owner in investigating, analyzing, negotiating, litigating and arbitrating the Claim or dispute, which percentage shall be equal to the percentage of the Contractor's total delay claim that is determined through litigation to be false or to have no basis in law or in fact.

17.01.E If the Owner has denied the Contractor's Claim or dispute for costs or damages due to the Owner’s alleged delaying of the contractor in the performance of Work under the Contract, the Owner shall be liable to and shall pay such contractor a percentage of all costs incurred by the Contractor to investigate, analyze, negotiate, litigate and arbitrate the Claim or dispute, which shall be equal to the percentage of the Contractor's total delay claim for which the Owner's denial is determined through litigation or to have been made in bad faith.

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SC-18.09 Add the following new paragraph immediately after Paragraph 18.08:

18.09 Liens

18.09.A.1 The Site is owned by the Owner, which is a public entity and, as such, cannot be subjected to a mechanics’ lien. Contractor on its own behalf and on behalf of its Subcontractors hereby agrees not to permit any liens of any nature whatsoever, including but not limited to mechanics liens to be placed on the Site. In the event that a lien is placed on the Site, upon ten (10) days' notice so to do, Contractor will remove the lien, and if necessary will secure a bond to cover the amount of the lien. The payment bond shall be the sole and exclusive remedy for Subcontractors and Suppliers for nonpayment hereunder.

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