Alexandria Renew Enterprises
2014 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).
SC-1.01.A.50 Add the following new paragraph:
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.
SC-1.01.A.51 Add the following new paragraph:
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 selfinsurance 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 drugfree 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 faithbased 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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