SS9402-CS 950510Transmittal
Haf,,_.,ngaon, Durham Suite 125 ~felephone:
& Richardson, Inc. 12700 Nillcrest Road (214) 960-4000
Dallas, Texas
75230-2096
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Attention
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Copiea Date No.
the following iteml:
t Specifications
Description
Theaa ere tranemitted '.e checked below:
For approval
For ~our -se
As requested
For review/comment
Approved as submitted
Approved as noted
Returned for corrections
Other
Resubmit
Submit
Return
copies for approval
copies for distribution
corrected prints
I For bide due
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] Printe returned after loan to ua
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if enclosures lire not as noted please notify us at once
00805-1
95E09
SECTION 00805
SUPPLEMENTARY CONDITIONS
Supplementary Conditions
These Supplementary Conditions amend and supplement Section 00700
General Conditions, and other provisions of the Contract Documents as
indicated below. All provisions of the General Conditions that are
amended or supplemented remain in full force and effect as so amended
or supplemented. All provisions of the General Conditions which are
not so amended or supplemented remain in full force and effect.
Defined Terms
The terms used in these Supplementary Conditions which are defined in
the General Conditions have the meaning assigned to them in the
General Conditions.
Amendments and Supplements
The following are instructions that amend or supplement specific
paragraphs in the General Conditions and other Contract Documents.
ARTXCLE 1 - DEFINITXONS
Delete the first paragraph of Article 1 "Wherever used in these .... and
plural thereof:" in its entirety and insert the following in its place:
"Whenever used in these General Conditions or in other Contract
Documents, the terms listed below have the meanings indicated
which are applicable to both the singular and plural thereof.
Said terms are generally capitalized or written in italics, but
not always. When used in a context consistent with the definition
of a listed-defined term, the term shall have a meaning as
defined below whether capitalized or italicized or otherwise."
SC-1.18.
Add a new paragraph immediately after paragraph GC-1.18. which is to
read as follows:
A listing of ENGINEER's Consultant(s) is as follows:
HDR Engineering, Inc.
SC-1.35.
Add the following language after the second reference to CONTRACTOR:
"after his review and approval of same."
S.C.-1.46.
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Day - A "calendar day" being any successive day or days of the
week or month, no days excepted unless otherwise defined within these
Contract Documents.
S.C. -1.47.
Furnish or Install or Provide or Supply - The word "Furnish" or the
word "Install' or the word "Provide" or the word "Supply," or any
combination or similar directive or usage thereof, shall mean
FURNISHING AND INCORPOILATING IN THE WORK including all necessary
labor, materials, equipment, and everything necessary to perform the
Work indicated, unless specifically limited in the context.
ARTICLE E - PRELIHIHARY HATTERS
SC-2.2.
Amend the first sentence of paragraph GC-2.2. by striking out "ten
copies," and substituting "five copies."
SC-2.3.
Delete paragraph 2.3 in its entirety and insert the following in
lieu thereof:
"The Contract Time shall commence to run on the tenth day
following the date of Notice to Proceed."
SC-2.4.
Amend paragraph GC-2.4. by striking out the second word of the
sentence "shall" and substituting "may".
SC-2.5.
Amend the first sentence of paragraph GC-2.5. by striking out the
words "and all applicable field measurements," and substituting
"against all applicable field measurements and conditions."
SC-2.8.
Amend the first sentence of paragraph GC-2.8. by striking out the
words 'Within twenty days..., a conference", and substituting "After
Notice of Award, but before any Work at the site is started (except
with approval of OWNER), a conference.'
SC-2.9.
Amend the first sentence f paragraph 2.9. by adding the following
at the beginning of the sentence, 'If requested by Owner,
Engineer, or Contractor."
SC-2.10.
00805-3
Add the following new paragraph 2.10 immediately after 2.9.
Conflict of Interest
2.10 City Charter states that no officer of the City shall have a
financial interest, direct or indirect, in any contract with the
City, nor shall be financially interested, directly or
indirectly, in the sale to the City of any land, or rights or
interest in any land, materials, supplies or services. This
prohibition does not apply when the interest is represented by
ownership of stock in a corporation involved, provided such stock
ownership amounts to less than one percent (1%) of the
corporation stock. Any violation of this prohibition will
constitute malfeasance in office. Any officer of employee of
the City found guilty thereof should thereby forfeit his office
or position. Any violation of this prohibition with the
knowledge, expressed or implied, of the persons or corporations
contracting with the City shall render the contract voidable by
the City Manager or the City Council. The Contractor
represents that no employee or officer of the City has an
interest in the Contractor.
ARTICLE 3 - CONTRACT DOCUHENTS: INTENT, AMENDING, REVISE
SC-3.2
Add the following language at the end of the paragraph 3.2.: "If
there is any conflict between the provisions of the Contract
Documents and any such referenced standard specifications,
manuals or codes, the provisions of the Contract Documents shall
take precedence over that of any standard specifications, manuals
or codes."
Add two new paragraphs at the end of paragraph SC-3.2 which are to
read as follows:
3.2.1.
The Specifications may vary in form, format and style.
Some specification sections are written in varying
degrees of streamlined or declarative style and some
sections may be relatively narrative by comparison.
Omissions of such words and phrases as "the Contractor
shall," "in conformity with," "as shown," or "as
specified" are intentional in streamlined sections.
Omitted words and phrases shall be supplied by inference.
Similar types of provisions may appear in various parts
of a section or articles within a part depending on the
format of the section. The Contractor shall not take
advantage of any variation of form, format or style in
making claims for extra Work.'
3.2.2.
The cross referencing of specification sections under the
subparagraph heading "Related Sections include but are
not necessarily limited to:' and elsewhere within each
specification section is provided as an aid and
00805-4
convenience to the Contractor. The Contractor shall not
rely on the cross referencing provided and shall be
responsible to coordinate the entire work under the
Contract Documents and provide a complete Project whether
or not the cross referencing is provided in each section
or whether or not the cross referencing is complete."
ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS
SC-4.1.
Add a new paragraph 4.1.1. which is to read as follows:
4.1.1.
Easement lines shown on the Contract Drawings are
approximate and were provided to establish a basis for
bidding. Upon receiving the final easement descriptions,
CONTRACTOR shall compare them to the lines shown on the
Contract Drawings. If CONTRACTOR considers the final
easements provided to differ materially from the
representations on the Contract Drawings, CONTRACTOR shall
within 5 calendar days and before proceeding with the
Work, notify ENGINEER in writing of any extra costs or
time of performance associated with the differing easement
line locations and the claim shall be administered in
accordance with the Conditions of the Contract.
SC-4.2.1.1.
Delete paragraph and replace with the following, "No geotechnical
explorations or tests of subsurface conditions have been
performed. The Contractor may take borings at the site to
satisfy himself as to the subsurface conditions.'
Add new paragraph 4.3.2.1. and 4.3.2.2. which are to read as
follows:
4.3.2.1.
Existing Utilities and Sewer Lines: The Contractor
shall be responsible for the protection of all existing
utilities or service lines crossed or exposed by the
construction operations. Where existing utilities or
service lines are cut, broken or damaged, the CONTRACTOR
shall replace the utilities or service lines with the same
type of original construction, or better, at this own cost
and expense.
4.3.2.2.
If it is necessary to change or move the property of
any owner or of a public utility, such property shall not
be moved or interfered with until authorized by the
ENGINEER. The right is reserved to the owner of any
public utility to enter upon the limits of the project
for the purpose of making such changes or repairs of
their property that may be necessary by the performance
of this contract.
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SC-4.4. Reference Points
Add the following new paragraph 4.4.1. immediately after
paragraph 4.4:
4.4.1.
Construction stakes shall be provided by the Contractor as
per Item 4.4. of the General Conditions. Vertical control
has been established as shown on the construction plans.
Horizontal control can be established from control points
indicated on the construction plans. The Contractor shall
be responsible for establishing all lines and grades, and
the precise location of all proposed facilities. The
ENGINEER may make checks as the Work progresses to verify
lines and grades established by the Contractor to determine
the conformance of the completed Work as it progresses with
the requirements of the construction documents. Such
checking by the Engineer shall not relieve the Contractor
of his responsibility to perform all Work in connection
with Contract Drawings and Specifications and the lines and
grades given therein.
ARTXCLE 5 - BONDS AND XNSURANCE
SC-5.1.
Amend paragraph GC-5.1. by adding the following second sentence
of the paragraph.
Maintenance bonds shall be required in the amount of 50% for a
2-year period.
Amend paragraph GC-5.1. by adding the following sentence at the end
of the paragraph.
The performance bond shall include, in part, provisions to
indemnify and hold harmless OWNER, ENGINEER, ENGINEER's
Consultants and their respective officers, directors, agents, and
employees as provided in paragraph GC-6.31.
Also, delete following sentence in section 5.1:
All Bonds shall be in the form prescribed by the Contract
Documents except as provided otherwise by Laws or Regulations,
and shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies' as published in Circular 570 (amended) by the Audit
Staff, Bureau of Government Financial Operations, U.S. Treasury
Department.
SC.5.3 through SC.5.7
Delete sections 5.3 through 5.7 in their entirety and substitute
the following in lieu thereof=
00805-6
5,3.
5.3.1.
5.3.2.
5.3.3.
Insurance Required. The Contractor shall not commence work
under this contract until he has obtained all insurance
required under this paragraph and Item 1.26 of the North
Central Texas Standard Specifications for Public Works
Construction as amended October 17, 1991, and such insurance
has been approved by the City, nor shall the Contractor allow
any subcontractor to commence work on this subcontract until
all similar insurance of the subcontractor has been so
obtained and approved.
Compensation Insurance. The Contractor shall take out
and maintain during the life of this contract Worker's
Compensation Insurance for all of his employees at the site
of the project and in case any work is sublet, the Contractor
shall require the subcontractors similarly to provide
Worker's Compensation Insurance for all of the latter
employees unless such employees are covered by the protection
afforded by the Contractor. In case any class of employee
engaged in hazardous work under this contract at the site of
the project is not protected under the Worker's Compensation
statute, the Contractor shall provide and shall cause each
subcontractor to provide adequate and suitable insurance for
the protection of his employees not otherwise protected. The
minimum amount of insurance shall be as follows:
Each Accident
Disease Each Employee
Disease Policy Limit
$100,000
$100,000
$500,000
Commercial General Liability Insurance. Contractor shall
take out and maintain during the life of this contract such
General Liability Insurance (including explosive, collapses
and underground damage coverage) as shall protect him and
any subcontractor performing work covered by this contract,
from claims for damages for personal injury, including
accidental death, as well as from claims for property
damages, which may arise from operations under this Contract,
including blasting, when blasting is done on or in connection
with the work of the project, whether such operations be by
himself or by any subcontractor or by any one directly or
indirectly employed by either of them. The minimum amount of
insurance shall be as follows:
General Aggregate
Product-Components/Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage (any one fire)
Medical Expense (any one person)
$1,000,000
$1,000,000
$600,000
$600,000
$50,000
$5,000
Automobile Liability Insurance. The Contractor shall take
out and maintain during the life of this contract such
Automobile Liability Insurance for owned, hired and nonowned
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vehicles as shall protect him and any subcontractor
performing work covered by this contract. The minimum amount
of such insurance shall be as follows:
Combined Bodily Injury
and Property Damage
Bodily Injury
Bodily Injury
Property Damage
$600,000 per occurrence
$250,000 per person
$500,000 per accident
$100,OO0
5.4.
Protective Liability Insurance. The Contractor shall take
out and maintain during the life of this contract an owners
protective liability insurance policy. Coverage shall be on
an 'occurrence' basis and the policy shall be issued by the
same insurance company that carries the contractors liability
insurance. The minimum amount of such insurance shall be as
follows:
Combined Bodily Injury
and Property Damage
$600,000 per occurrence
$1,000,000 aggregate
5.5.
Proof of Carriage of Insurance. The Contractor shall furnish
the City with satisfactory proof of carriage of the Insurance
required as required by paragraph 5.8 or the General Conditions.
SC-5.8.
Amend paragraph GC-5.8. by deleting the word "OWNER" in the third
line and substituting the word "CONTRACTOR", deleting the words
"and CONTRACTOR" in the seventh line, deleting the words
"paragraph 5.6 and 5.7" on the third line and substituting the
words "paragraph 5.2 and 5.4," and by striking out the words: "to
whom a certificate of insurance has been issued".
SC-5.10.
Delete paragraph 5.10 in its entirety and insert the following in
lieu thereof.
5.10.
If OWNER requests in writing that other special insurance
be included in the property insurance policy, CONTRACTOR
shall, if possible, include such insurance, and the cost
thereof will be charged to OWNER by appropriate Change Order
or Written Amendment. Prior to commencement of the Work at
the site, CONTRACTOR shall in writing advise OWNER whether or
not such other insurance has been provided by CONTRACTOR.
SC-5.11.
Amend paragraph 5.11.1 to delete reference to paragraphs 5.6 and
5.7 in the 4th line and substituting the words 'paragraph 5.4,"
and delete the word "OWNER" in the next to last line and
substitute the word "CONTRACTOR."
00805-8
SC-5.11.2.
Delete paragraph 5.11.2 in its entirety and insert the following
in lieu thereof:
5.11.2.
CONTRACTOR intends that any policies provided in response
to paragraph 5.4 shall protect all of the parties insured
and provide coverage for all losses and damages caused by
the perils covered thereby. Accordingly, all such policies
shall contain provisions to the effect that in the event of
payment of any loss or damage the insurer will have no
rights of recovery against any of the parties named as
insured or additional insured, and if such waiver forms
are required of any Subcontractor, CONTRACTOR will obtain
the same.
SC-5.12.
Amend the first sentence of paragraph 5.12 to delete reference to
paragraph 5.6 and 5.7 and substituting the words 'paragraph 5.4 of
the Supplementary Conditions.'
SC-5.14.
Delete paragraph 5.14 in its entirety and insert the following in
lieu thereof:
5.14.
If OWNER has any objection to the coverage afforded by or
other provisions of the insurance required to be purchased
and maintained by CONTRACTOR in accordance with paragraphs
5.3 and 5.4 of on the basis of its not complying with the
Contract Documents, OWNER shall notify CONTRACTOR in writing
thereof within ten days of the date of delivery of such
certificates to OWNER in accordance with paragraph 2.7.
Failure by OWNER to give any such notice of objection within
the time provided shall constitute acceptance of such
insurance purchased by the CONTRACTOR as complying with the
Contract Documents.
SC-5.15.
Amend the first sentence of paragraph 5.15 to delete the word
"Substantial.'
Add two paragraphs immediately after Paragraph GC-5.15 which are to
read as follows:
5.15.1.
All insurance required by the Contract Documents, or by
laws or regulations shall remain in full force and effect
on all phases of the Work, whether or not the Work is
occupied or utilized by OWNER, until all Work included in
the agreement has been completed and final payment has
been made.
00805-9
5.15.2.
Nothing contained in the insurance requirements shall be
construed as limited the extent of CONTRACTOR's
responsibility for payment of damages resulting from his
operations under the Contract. CONTRACTOR agrees that he
alone shall be completely responsible for procuring and
maintaining full insurance coverage as provided herein or
as may be otherwise required by the Contract Documents.
Any approval by OWNER or ENGINEER shall not operate to the
contrary.
ARTXCLE 6 - CONTRACTOR'S RESPONSIBILXTIES
SC-6.4.
Add a paragraph immediately after paragraph GC-6.4. which is to read
as follows:
6.4.1.
Where the Work requires equipment be furnished, due to
the lack of standardization of equipment as produced by
the various manufacturers, it may become necessary to
make minor modifications in the structures, buildings,
piping, mechanical work, electrical work, accessories,
controls, or other work, to accommodate the particular
equipment offered. CONTRACTOR's bid price for any
equipment offered shall include the cost of making any
necessary changes subject to the approval of ENGINEER.
SC-6.5.
Add the following sentence at the end of the first sentence of
paragraph GC-6.5:
All items of standard equipment shall be the latest model at the
time of delivery.
SC-6.7.1.2.
Amend the sixth sentence of paragraph GC-6.7.1.2. by deleting the
word "Substantial."
Add a new paragraph after paragraph GC-6.15., which is to read as
follows:
6.15.1.
Recent legislation has removed the sales tax exemption
previously provided by Section 151.311 of the Tax Code
covering tangible personal property purchased by a
contractor for use in the performance of a contract for
the improvements of City-owned realty.
It is still possible, however, for a contractor to make
tax-free purchase of tangible personal property which will
be incorporated into and become part of a City construction
project through the use of a "separated contract" with the
City. A "separate contract" is one which separates charges
00805-10
for materials from charges for labor. Under such a
contract, the contractor becomes a 'seller' of those
materials which are incorporated into the project, such as
bricks, lumber, concrete, paint, etc. The contractor issues
a resale certificate in lieu of paying the sales tax at the
time such items are purchased. The contractor then receives
an exemption certificate from the City for those materials.
(This procedure may not be used, however, for materials
which do not become a part of the finished product. For
example, equipment rentals, from materials, etc. are not
considered as becoming 'incorporated' into the project).
Utilization of this "separated contract" approach eliminates
the need for bidders to figure in sales tax for materials
which are to be incorporated into the project. The
successful bidder's bid form will be used to develop the
'separated contract' and will determine the extent of the
tax exemption. Upon execution of the construction contract,
the contractor shall furnish a breakdown (per item) of 1)
materials incorporated into the project; and 2) labor,
equipment, supervision and materials not incorporated into
the project.
SC-6.19.
Add the following language at the end of the first sentence of
paragraph GC-6.1g:
CONTRACTOR shall include accurate locations for buried and
imbedded items.
SC-6.ZO.
Amend the last sentence of paragraph 6.20 to delete the word
"Substantial.'
SC-6.24.
d 'required" to the first sentence of paragraph
immediately after the words 'CONTRACTOR shall submit."
At the end of paragraph GC-6.24.1., add the following paragraphs:
6.24.1.1.
Shop Drawings submitted as herein provided by
CONTRACTOR and reviewed by ENGINEER for conformance
with the design concept shall be executed in
conformity with the Contract Documents unless
otherwise required by OWNER.
6.24.1.2.
When Shop Drawings are submitted for the purpose of
showing the installation in greater detail, their
review shall not excuse CONTRACTOR from requirements
shown on the drawings and Specifications.
00805-11
6.24.1.3.
For-Information-Only-For-Future-Use submittals upon
which the ENGINEER is not expected to conduct review
or take responsive action may be so identified in the
Contract Drawings.
Add the word 'required' to the first sentence of paragraph GC-6.24.2.,
immediately after the words 'shall also submit.'
At the end of paragraph GC-6.24.2., add the following paragraphs:
6.24.3.
If a Shop Drawing or Sample, as submitted, indicates a
variation from the Contract Requirements as set forth in
the Contract Documents and ENGINEER finds same to be in
the interest of OWNER and to be so minor as not to
involve a change in the Contract Price or time for
performance, ENGINEER may approve the Shop Drawings or
Samples; provided however, such departure is slight in
nature and does not affect the design concept of the
Work.
CONTRACTOR shall submit all Shop Drawings and Samples
sufficiently in advance of construction requirements to
allow ample time for checking, correcting, resubmitting
and rechecking and to avoid any delay in progress of the
Work.
Add a new paragraph immediately after paragraph GC-6.24.3. which is to
read as follows:
6.24.4. See Section 01340.
SC-6.25.
At the end of paragraph 6.25.3., delete 'Variation.' and add:
"Variation; otherwise CONTRACTOR will not be relieved of the
responsibility of executing the Work in accordance with the Contract
Documents, even though such Shop Drawings or Samples have been
otherwise reviewed.'
Add the following paragraph at the end of paragraph GC-6.25.3:
6.25.4.
Shop Drawings and Sample submittals not conforming to
requirements of this paragraph 6.25 and Section 01340
will be returned to CONTRACTOR without action for
resubmittal and the resulting delay shall be entirely
the responsibility of CONTRACTOR.
Add the following paragraph at the end of paragraph GC-6.25.4:
6.25.5. See Section 01340.
SC-6.26.
Add the word "required' to the first sentence of paragraph GC-6.26.
00805-12
immediately after the words "ENGINEER will review and approve".
SC-6.27.
Add the word "required" to the first sentence of paragraph GC-6.27.
immediately after the words 'ENGINEER's review and approval of".
Add the following paragraph at the end of paragraph GC-6.27:
6.27.1.
ENGINEER's check and review of Shop Drawings and
Samples, Specifications and descriptive literature
submitted by CONTRACTOR will be only for general
conformance with design concept, except as otherwise
provided, and shall not be construed as:
6.27.1.1. permitting any departure from the Contract
Requirements;
6.27.1.2.
relieving CONTRACTOR of the responsibility for any
error in details, dimensions or otherwise that may
exist in such submittals;
6.27.1.3.
constituting a blanket approval of dimensions,
quantities, or details of the material or equipment
shown; or
6.27.1.4.
approving departures from additional details or
instructions previously furnished by ENGINEER. Such
check or review shall not relieve CONTRACTOR of the
full responsibility of meeting all of the requirements
of the Contract Documents.
SC-6.31.
Delete the word "negligent" from the first sentence of paragraph
GC-6.31., immediately after the words '(ii) is caused in whole or in
part by any."
SC-6.33.
Add the word "solely" in the first sentence of paragraph GC-6.33.,
immediately after the word "caused."
ARTICLE 7 - OTHER WORK
SC-7.1.
Delete the last sentence of paragraph 7.1. and substitute the
following: The ENGINEER shall coordinate such other work with
the CONTRACTOR and schedule events to minimize delay caused to
the CONTRACTOR. No additional time shall be given to the
CONTRACTOR for such related work except as provided in paragraph
7.5 and Article 12.
~ ~ 00805-]3
SC-7.5.
Add the following new paragraph 7.5 immediately after paragraph
7.4:
7
Should CONTRACTOR cause damage to the work or property
of any separate Contractor at the site, or should any
claim arising out of CONTRACTOR's, OWNER, ENGINEER,
Consulting Engineer or any other person, CONTRACTOR
shall promptly attempt to settle with such other
Contractor by agreement, or to otherwise resolve the
dispute by arbitration or at law. CONTRACTOR shall, to
the fullest extent permitted by Laws and Regulations,
indemnify and hold OWNER, ENGINEER, and Consulting
Engineer harmless from and against all claims, damages,
losses and expenses (including, but not limited to, fees
of engineers, architects, attorneys and other
professionals and court and arbitration costs) arising
directly, indirectly or consequentially out of any
action, legal or equitable, brought by any separate
Contractor against OWNER, ENGINEER, or Consulting
Engineer to the extent based on a claim arising out of
CONTRACTOR'S performance of the Work. Should a separate
Contractor cause damage to the work or property of
CONTRACTOR or should the performance of work be any
separate Contractor at the site give rise to any other
claim, CONTRACTOR shall not institute any action, legal
or equitable, against OWNER, ENGINEER or Consulting
Engineer or permit any action, legal or equitable,
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 Consulting Engineer on
account of any such damage or claim. If CONTRACTOR is
delayed at any time in performing or furnishing Work by
any act or neglect of a separate Contractor and OWNER
and CONTRACTOR are unable to agree as to the extent of
any adjustment in Contract Time attributable thereto,
CONTRACTOR may make a claim for an extension of time in
accordance with Article 12. An extension of the
Contract Time shall be CONTRACTOR'S exclusive remedy
with respect to OWNER, ENGINEER and Consulting Engineer
for any delay, disruption, interference or hindrance
caused by any separate Contractor."
ARTICLE g - ENGINEER'S STATUS DURING CONSTRUCTION
sc-g.2.
Amend the first sentence of the paragraph by deleting the
following, "as an experience and qualified design professional.'
SC-9.6.
00805-14
Add a new paragraph immediately after paragraph GC-9.6. which is to
read as follows:
The acceptance at any time of materials or equipment by or on
behalf of OWNER shall not be a bar to future rejection if they
are subsequently found to be defective, inferior in quality, or
uniformity to material or equipment specified, or are not as
represented to ENGINEER or OWNER.
sc-g. Io.
Delete paragraph 9.10 and insert the following in lieu thereof:
g.10.
ENGINEER will have authority to determine the actual
quantities and classifications of items of Unit Price
Work performed by CONTRACTOR, and the written decisions
of ENGINEER on such matters will be final, binding on
OWNER and CONTRACTOR and not subject to appeal {except
as modified by ENGINEER to reflect changed factual
conditions). ENGINEER will make determination of
actual quantities in accordance with Measurement
Methods identified for Unit Price Work where such
methods are so identified in the Contract Documents.
ARTICLE 11 - CHANGE OF CONTRACT PRICE
SC-11.g
Add the following language at the end of paragraph 11.9.2:
Work described in the Contract Documents but not identified
in the listing of unit price items shall be considered
incidental to unit price work listed and the cost of
incidental work included as a part of the unit price.
SC-11.9.3.
Paragraph 11.9.3. is hereby deleted in its entirety and the
following, including new paragraph 11.9.3.1. through 11.9.3.4.,
is substituted in lieu thereof:
11.9.3.
The unit price of an item of Unit Price Work shall be
subject to re-evaluation and adjustment under the
following conditions:
11.9.3.1.
if the total cost of a particular item of Unit Price
work amounts to 5% or more of the Contract Price and the
variation in the quantity of that particular item of Unit
Price Work performed by Contractor differs more than 20'/,,
both over and under, from the estimated quantity of such
item indicated in the Agreement; and
11.9.3.2.
if there is no corresponding adjustment with respect to
any other item of Work; and
00805-15
11.9.3.3.
11.9.3.4.
if CONTRACTOR can demonstrate that it has incurred
additional expense as a result thereof, or
if OWNER can demonstrate that the quantity variation
entitles it 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 11 if
the parties are unable to agree as to the effect of any
such variations in the quantity of Unit Price Work
performed.
ARTICLE 12 - CHANGE OF CONTRACT TI#E
SC-12.1.
Add a new paragraph after paragraph GC 12.1. which is to read as
follows:
12.1.1.
No extension of the Contract Time will be allowed for
additional Work or for claimed delay unless the
additional Work contemplated or claimed delay is shown
to be on the critical path of the Project's schedule of
construction or CONTRACTOR can show by Critical Path
Method analysis how the additional Work or claimed delay
adversely affects the critical path.
SC-12.3.
Add two new paragraphs after paragraph GC 12.3. which are to read as
follows:
12.3.1.
OWNER, at OWNER's sole discretion, may waive the
requirements of paragraph GC-12.3. and grant extensions
to the Contract Time for any reason OWNER deems valid.
12.3.2.
Time extensions will not be granted for rain, wind,
flood, or other natural phenomena of normal intensity for
the locality where Work is performed. For purpose of
determining extent of delay attributable to unusual
weather phenomena, a determination shall be made by
comparing the weather for at least any continuous
one-fourth of the Contract Time involved with the
average of the preceding 5-year climatic range during
the same time interval based on U.S. Weather Bureau
statistics for the locality where the Work is performed.
ARTICLE 13 - WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS
SC-13.4.1.
Add the following new paragraph 13.4.1 immediately after paragraph 13.4:
13.4.1. Observation of the contractor's work to determine
00805-16
compliance with the plans and specifications will include
testing of materials installed on the project. Testing of
work performed'and materials furnished shall be done by a
commercial laboratory employed by the Contractor and
acceptable to the OWNER. The Contractor shall furnish, at
his own expense, all necessary specimens for testing of
materials. All materials not conforming to the
requirements of the specifications will be rejected.
SC-13.12.
Amend the first sentence of 13.12.1. to change the words "one
year" to "two years" and delete the word "Substantial" from the
first sentence.
SC-14.15.
Add the words 'and/or ENGINEER" to the first sentence of paragraph
GC-14.15,2. after the words 'against OWNER'.
ARTICLE 17 - MISCELLANEOUS
SC-17.2.1.
Delete paragraph in its entirety.
END OF SECTION