20
CONSTRUCTION SERVICES TAS::75-12-0838::TAS - CAN 8362256 - FY-12 - ORF - 08003820120DB0 HIGGINS DEVELOPMENT PARTNERS, LLC IS BEING NOVATED TO SKANSKA USA BUILDING INC. (PREVIOUS CONTRACT C2000326). NOVATION DOCUMENTS ARE ATTACHED. 1. CONCURRENT WITH THIS MODIFICATION, THE CM AND THE GOVERNMENT HAVE EXECUTED THE FOLLOWING DOCUMENTS: (1) THE SETTLEMENT AGREEMENT; AND (2) THE POR (INCORPORATED IN PART I, SECTION C OF THE SCHEDULE; THE DEFINED TERMS IN THE SETTLEMENT AGREEMENT AND THE POR HAVE THE SAME MEANING IN THE MODIFICATION AS IN THE SETTLEMENT AGREEMENT AND POR). 2. SKANSKA WILL SERVE AS THE CONSTRUCTION MANAGER ("CM") OF THE COATINGS REMEDIATION. THE CM WILL ENGAGE VARIOUS TRADE CONTRACTORS WHO WILL PERFORM THE WORK DESCRIBED IN THE POR. IT IS NOT ANTICIPATED THAT THE CM WILL SELF PERFORM ANY OF THREE WORK SET FORTH IN THE POR EXCEPT INCIDENTAL PROTECTION, OR LOGISTICS WORK, SUCH AS THE BUILDING OF NOISE PARTITIONS OR TEMPORARY PROTECTION MEASURES OF EXISTING FACILITIES. TO THE EXTENT THE CM INCURS DIRECT LABOR COSTS, THOSE COSTS WILL BE RECOVERABLE AS PROVIDED IN PARAGRAPH 9(D) OF THE SETTLEMENT AGREEMENT. 3. ATTACHED TO THIS MODIFICATION (AWARD) IS A SUMMARY OF THE COSTS THAT THE CM EXPECTS TO INCUR BUT FOR WHICH THE CM WILL NOT BE COMPENSATED (SEE EX D), EXCEPT AS PROVIDED IN THE SETTLEMENT AGREEMENT 9.D. 4. THE CM WILL MANAGE THE TRADE CONTRACTORS, TRADE CONTRACTORS' SCHEDULE OF WORK, THE QUALITY ASSURANCE FUNCTIONS OF THE TRADE CONTRACTORS' WORK TO ENSURE THAT THE TRADE CONTRACTORS' WORK CONFORMS TO THE POR, AND WILL PROVIDE THE COORDINATION FUNCTION BETWEEN THE GOVERNMENT AND THE TRADE CONTRACTORS AND WILL MANAGE AND COORDINATE THE POR CLOSE OUT DOCUMENTATION. THE CM WILL ALSO MANAGE THE MONTHLY TRADE CONTRACTOR BILLINGS AND PAYMENT TO TRADE CONTRACTORS. 5. THE CM WILL ENGAGE NO TRADE CONTRACTORS TO WHICH THE GOVERNMENT HAS REASONABLE OBJECTION WHICH REASONABLE OBJECTIONS MAY INCLUDE AMONG OTHERS THE TRADE CONTRACTORS EXPERIENCE AND/OR THE TERMS UNDER WHICH THE TRADE CONTRACTOR MAY BE ENGAGED. 6. IT IS THE INTENTION THAT ALL POR TRADE CONTRACTORS WILL BE BONDED, UNLESS THE GOVERNMENT AGREES OTHERWISE. THE CM WILL CONSULT WITH THE GOVERNMENT AS TO TRADE CONTRACTOR'S INSURANCE TO BALANCE THE ECONOMIC CONSIDERATIONS OF THE POR VERSUS THE RISK INVOLVED IN THE TRADE CONTRACTOR'S WORK. 7. THE GOVERNMENT WILL COMPENSATE THE CM FOR ALL TRADE CONTRACTOR COSTS ON A MONTHLY BASIS IN ACCORDANCE WITH THE PAYMENT PROCEDURES OF THE CONTRACT. 8. THE CM WILL HAVE NO RESPONSIBILITY FOR DESIGN. ALL DESIGN RESPONSIBILITY IS THE RESPONSIBILITY OF OTHERS ENGAGED DIRECTLY BY NIH. 9. NIH MAY SEEK THE ADVICE AND INPUT FROM THE CM AS TO THE CHOICE OF THE COATING PRODUCT TO USE IN THE COATINGS REMEDIATION. THE CHOICE AS TO WHICH PRODUCT THAT IS ULTIMATELY SELECTED WILL BE SOLELY WITHIN THE GOVERNMENT'S DISCRETION. 10. TO THE EXTENT THE POR REFERS TO WORDS SUCH AS "PROVIDE," "RESPONSIBLE FOR," "SHALL PAY," THOSE TERMS ARE UNDERSTOOD TO REFER TO THE CM ENSURING THAT THE TASKS AND RESPONSIBILITIES DESCRIBED IN THE POR ARE PERFORMED BY AND CARRIED OUT BY TRADE CONTRACTORS. THE CM WILL CONSULT WITH THE GOVERNMENT IN ACHIEVING COST SAVINGS BY JUDICIOUS USE OF GOVERNMENT PERSONNEL TO PERFORM POR TASKS WHERE FEASIBLE. THE CM WILL ALSO SHARE WITH THE GOVERNMENT ALL TRADE CONTRACTOR COST AND BID INFORMATION. 11. THE CM WILL NOT ACT AS SURETY OR GUARANTOR OF TRADE CONTRACTOR WORK. THE CM SHALL NOT BE RESPONSIBLE FOR A TRADE CONTRACTOR'S FAILURE TO PERFORM OR NEGLIGENT ACTS OR OMISSION WITH REGARD TO THEIR RESPECTIVE TRADE CONTRACTS, AS LONG AS CM PERFORMS ITS CONTRACTUAL OBLIGATIONS IN A PROFESSIONAL MANNER. ALL CONTRACTS ENTERED INTO BY CM WITH THE TRADE CONTRACTORS, SHALL NAME THE GOVERNMENT AS A THIRD-PARTY BENEFICIARY. THE CM AND THE GOVERNMENT WILL JOINTLY PURSUE REMEDIES AGAINST ANY TRADE CONTRACTOR WHO FAILS TO PERFORM ITS OBLIGATIONS. THE GOVERNMENT AND THE CM AGREE THAT ANY RECOVERY RECEIVED FRO
Supplemental Agreement for work within scope $111.0k 2/23/16 19
CONSTRUCTION SERVICES TAS::75-12-0838::TAS - CAN 8362256 - FY-12 - ORF - 08003820120DB0 HIGGINS DEVELOPMENT PARTNERS, LLC IS BEING NOVATED TO SKANSKA USA BUILDING INC. (PREVIOUS CONTRACT C2000326). NOVATION DOCUMENTS ARE ATTACHED. 1. CONCURRENT WITH THIS MODIFICATION, THE CM AND THE GOVERNMENT HAVE EXECUTED THE FOLLOWING DOCUMENTS: (1) THE SETTLEMENT AGREEMENT; AND (2) THE POR (INCORPORATED IN PART I, SECTION C OF THE SCHEDULE; THE DEFINED TERMS IN THE SETTLEMENT AGREEMENT AND THE POR HAVE THE SAME MEANING IN THE MODIFICATION AS IN THE SETTLEMENT AGREEMENT AND POR). 2. SKANSKA WILL SERVE AS THE CONSTRUCTION MANAGER ("CM") OF THE COATINGS REMEDIATION. THE CM WILL ENGAGE VARIOUS TRADE CONTRACTORS WHO WILL PERFORM THE WORK DESCRIBED IN THE POR. IT IS NOT ANTICIPATED THAT THE CM WILL SELF PERFORM ANY OF THREE WORK SET FORTH IN THE POR EXCEPT INCIDENTAL PROTECTION, OR LOGISTICS WORK, SUCH AS THE BUILDING OF NOISE PARTITIONS OR TEMPORARY PROTECTION MEASURES OF EXISTING FACILITIES. TO THE EXTENT THE CM INCURS DIRECT LABOR COSTS, THOSE COSTS WILL BE RECOVERABLE AS PROVIDED IN PARAGRAPH 9(D) OF THE SETTLEMENT AGREEMENT. 3. ATTACHED TO THIS MODIFICATION (AWARD) IS A SUMMARY OF THE COSTS THAT THE CM EXPECTS TO INCUR BUT FOR WHICH THE CM WILL NOT BE COMPENSATED (SEE EX D), EXCEPT AS PROVIDED IN THE SETTLEMENT AGREEMENT 9.D. 4. THE CM WILL MANAGE THE TRADE CONTRACTORS, TRADE CONTRACTORS' SCHEDULE OF WORK, THE QUALITY ASSURANCE FUNCTIONS OF THE TRADE CONTRACTORS' WORK TO ENSURE THAT THE TRADE CONTRACTORS' WORK CONFORMS TO THE POR, AND WILL PROVIDE THE COORDINATION FUNCTION BETWEEN THE GOVERNMENT AND THE TRADE CONTRACTORS AND WILL MANAGE AND COORDINATE THE POR CLOSE OUT DOCUMENTATION. THE CM WILL ALSO MANAGE THE MONTHLY TRADE CONTRACTOR BILLINGS AND PAYMENT TO TRADE CONTRACTORS. 5. THE CM WILL ENGAGE NO TRADE CONTRACTORS TO WHICH THE GOVERNMENT HAS REASONABLE OBJECTION WHICH REASONABLE OBJECTIONS MAY INCLUDE AMONG OTHERS THE TRADE CONTRACTORS EXPERIENCE AND/OR THE TERMS UNDER WHICH THE TRADE CONTRACTOR MAY BE ENGAGED. 6. IT IS THE INTENTION THAT ALL POR TRADE CONTRACTORS WILL BE BONDED, UNLESS THE GOVERNMENT AGREES OTHERWISE. THE CM WILL CONSULT WITH THE GOVERNMENT AS TO TRADE CONTRACTOR'S INSURANCE TO BALANCE THE ECONOMIC CONSIDERATIONS OF THE POR VERSUS THE RISK INVOLVED IN THE TRADE CONTRACTOR'S WORK. 7. THE GOVERNMENT WILL COMPENSATE THE CM FOR ALL TRADE CONTRACTOR COSTS ON A MONTHLY BASIS IN ACCORDANCE WITH THE PAYMENT PROCEDURES OF THE CONTRACT. 8. THE CM WILL HAVE NO RESPONSIBILITY FOR DESIGN. ALL DESIGN RESPONSIBILITY IS THE RESPONSIBILITY OF OTHERS ENGAGED DIRECTLY BY NIH. 9. NIH MAY SEEK THE ADVICE AND INPUT FROM THE CM AS TO THE CHOICE OF THE COATING PRODUCT TO USE IN THE COATINGS REMEDIATION. THE CHOICE AS TO WHICH PRODUCT THAT IS ULTIMATELY SELECTED WILL BE SOLELY WITHIN THE GOVERNMENT'S DISCRETION. 10. TO THE EXTENT THE POR REFERS TO WORDS SUCH AS "PROVIDE," "RESPONSIBLE FOR," "SHALL PAY," THOSE TERMS ARE UNDERSTOOD TO REFER TO THE CM ENSURING THAT THE TASKS AND RESPONSIBILITIES DESCRIBED IN THE POR ARE PERFORMED BY AND CARRIED OUT BY TRADE CONTRACTORS. THE CM WILL CONSULT WITH THE GOVERNMENT IN ACHIEVING COST SAVINGS BY JUDICIOUS USE OF GOVERNMENT PERSONNEL TO PERFORM POR TASKS WHERE FEASIBLE. THE CM WILL ALSO SHARE WITH THE GOVERNMENT ALL TRADE CONTRACTOR COST AND BID INFORMATION. 11. THE CM WILL NOT ACT AS SURETY OR GUARANTOR OF TRADE CONTRACTOR WORK. THE CM SHALL NOT BE RESPONSIBLE FOR A TRADE CONTRACTOR'S FAILURE TO PERFORM OR NEGLIGENT ACTS OR OMISSION WITH REGARD TO THEIR RESPECTIVE TRADE CONTRACTS, AS LONG AS CM PERFORMS ITS CONTRACTUAL OBLIGATIONS IN A PROFESSIONAL MANNER. ALL CONTRACTS ENTERED INTO BY CM WITH THE TRADE CONTRACTORS, SHALL NAME THE GOVERNMENT AS A THIRD-PARTY BENEFICIARY. THE CM AND THE GOVERNMENT WILL JOINTLY PURSUE REMEDIES AGAINST ANY TRADE CONTRACTOR WHO FAILS TO PERFORM ITS OBLIGATIONS. THE GOVERNMENT AND THE CM AGREE THAT ANY RECOVERY RECEIVED FRO
Supplemental Agreement for work within scope $456.0k 1/25/16 18
CONSTRUCTION SERVICES TAS::75-12-0838::TAS - CAN 8362256 - FY-12 - ORF - 08003820120DB0 HIGGINS DEVELOPMENT PARTNERS, LLC IS BEING NOVATED TO SKANSKA USA BUILDING INC. (PREVIOUS CONTRACT C2000326). NOVATION DOCUMENTS ARE ATTACHED. 1. CONCURRENT WITH THIS MODIFICATION, THE CM AND THE GOVERNMENT HAVE EXECUTED THE FOLLOWING DOCUMENTS: (1) THE SETTLEMENT AGREEMENT; AND (2) THE POR (INCORPORATED IN PART I, SECTION C OF THE SCHEDULE; THE DEFINED TERMS IN THE SETTLEMENT AGREEMENT AND THE POR HAVE THE SAME MEANING IN THE MODIFICATION AS IN THE SETTLEMENT AGREEMENT AND POR). 2. SKANSKA WILL SERVE AS THE CONSTRUCTION MANAGER ("CM") OF THE COATINGS REMEDIATION. THE CM WILL ENGAGE VARIOUS TRADE CONTRACTORS WHO WILL PERFORM THE WORK DESCRIBED IN THE POR. IT IS NOT ANTICIPATED THAT THE CM WILL SELF PERFORM ANY OF THREE WORK SET FORTH IN THE POR EXCEPT INCIDENTAL PROTECTION, OR LOGISTICS WORK, SUCH AS THE BUILDING OF NOISE PARTITIONS OR TEMPORARY PROTECTION MEASURES OF EXISTING FACILITIES. TO THE EXTENT THE CM INCURS DIRECT LABOR COSTS, THOSE COSTS WILL BE RECOVERABLE AS PROVIDED IN PARAGRAPH 9(D) OF THE SETTLEMENT AGREEMENT. 3. ATTACHED TO THIS MODIFICATION (AWARD) IS A SUMMARY OF THE COSTS THAT THE CM EXPECTS TO INCUR BUT FOR WHICH THE CM WILL NOT BE COMPENSATED (SEE EX D), EXCEPT AS PROVIDED IN THE SETTLEMENT AGREEMENT 9.D. 4. THE CM WILL MANAGE THE TRADE CONTRACTORS, TRADE CONTRACTORS' SCHEDULE OF WORK, THE QUALITY ASSURANCE FUNCTIONS OF THE TRADE CONTRACTORS' WORK TO ENSURE THAT THE TRADE CONTRACTORS' WORK CONFORMS TO THE POR, AND WILL PROVIDE THE COORDINATION FUNCTION BETWEEN THE GOVERNMENT AND THE TRADE CONTRACTORS AND WILL MANAGE AND COORDINATE THE POR CLOSE OUT DOCUMENTATION. THE CM WILL ALSO MANAGE THE MONTHLY TRADE CONTRACTOR BILLINGS AND PAYMENT TO TRADE CONTRACTORS. 5. THE CM WILL ENGAGE NO TRADE CONTRACTORS TO WHICH THE GOVERNMENT HAS REASONABLE OBJECTION WHICH REASONABLE OBJECTIONS MAY INCLUDE AMONG OTHERS THE TRADE CONTRACTORS EXPERIENCE AND/OR THE TERMS UNDER WHICH THE TRADE CONTRACTOR MAY BE ENGAGED. 6. IT IS THE INTENTION THAT ALL POR TRADE CONTRACTORS WILL BE BONDED, UNLESS THE GOVERNMENT AGREES OTHERWISE. THE CM WILL CONSULT WITH THE GOVERNMENT AS TO TRADE CONTRACTOR'S INSURANCE TO BALANCE THE ECONOMIC CONSIDERATIONS OF THE POR VERSUS THE RISK INVOLVED IN THE TRADE CONTRACTOR'S WORK. 7. THE GOVERNMENT WILL COMPENSATE THE CM FOR ALL TRADE CONTRACTOR COSTS ON A MONTHLY BASIS IN ACCORDANCE WITH THE PAYMENT PROCEDURES OF THE CONTRACT. 8. THE CM WILL HAVE NO RESPONSIBILITY FOR DESIGN. ALL DESIGN RESPONSIBILITY IS THE RESPONSIBILITY OF OTHERS ENGAGED DIRECTLY BY NIH. 9. NIH MAY SEEK THE ADVICE AND INPUT FROM THE CM AS TO THE CHOICE OF THE COATING PRODUCT TO USE IN THE COATINGS REMEDIATION. THE CHOICE AS TO WHICH PRODUCT THAT IS ULTIMATELY SELECTED WILL BE SOLELY WITHIN THE GOVERNMENT'S DISCRETION. 10. TO THE EXTENT THE POR REFERS TO WORDS SUCH AS "PROVIDE," "RESPONSIBLE FOR," "SHALL PAY," THOSE TERMS ARE UNDERSTOOD TO REFER TO THE CM ENSURING THAT THE TASKS AND RESPONSIBILITIES DESCRIBED IN THE POR ARE PERFORMED BY AND CARRIED OUT BY TRADE CONTRACTORS. THE CM WILL CONSULT WITH THE GOVERNMENT IN ACHIEVING COST SAVINGS BY JUDICIOUS USE OF GOVERNMENT PERSONNEL TO PERFORM POR TASKS WHERE FEASIBLE. THE CM WILL ALSO SHARE WITH THE GOVERNMENT ALL TRADE CONTRACTOR COST AND BID INFORMATION. 11. THE CM WILL NOT ACT AS SURETY OR GUARANTOR OF TRADE CONTRACTOR WORK. THE CM SHALL NOT BE RESPONSIBLE FOR A TRADE CONTRACTOR'S FAILURE TO PERFORM OR NEGLIGENT ACTS OR OMISSION WITH REGARD TO THEIR RESPECTIVE TRADE CONTRACTS, AS LONG AS CM PERFORMS ITS CONTRACTUAL OBLIGATIONS IN A PROFESSIONAL MANNER. ALL CONTRACTS ENTERED INTO BY CM WITH THE TRADE CONTRACTORS, SHALL NAME THE GOVERNMENT AS A THIRD-PARTY BENEFICIARY. THE CM AND THE GOVERNMENT WILL JOINTLY PURSUE REMEDIES AGAINST ANY TRADE CONTRACTOR WHO FAILS TO PERFORM ITS OBLIGATIONS. THE GOVERNMENT AND THE CM AGREE THAT ANY RECOVERY RECEIVED FRO
Supplemental Agreement for work within scope $93.4k 9/28/15 17
CONSTRUCTION SERVICES TAS::75-12-0838::TAS - CAN 8362256 - FY-12 - ORF - 08003820120DB0 HIGGINS DEVELOPMENT PARTNERS, LLC IS BEING NOVATED TO SKANSKA USA BUILDING INC. (PREVIOUS CONTRACT C2000326). NOVATION DOCUMENTS ARE ATTACHED. 1. CONCURRENT WITH THIS MODIFICATION, THE CM AND THE GOVERNMENT HAVE EXECUTED THE FOLLOWING DOCUMENTS: (1) THE SETTLEMENT AGREEMENT; AND (2) THE POR (INCORPORATED IN PART I, SECTION C OF THE SCHEDULE; THE DEFINED TERMS IN THE SETTLEMENT AGREEMENT AND THE POR HAVE THE SAME MEANING IN THE MODIFICATION AS IN THE SETTLEMENT AGREEMENT AND POR). 2. SKANSKA WILL SERVE AS THE CONSTRUCTION MANAGER ("CM") OF THE COATINGS REMEDIATION. THE CM WILL ENGAGE VARIOUS TRADE CONTRACTORS WHO WILL PERFORM THE WORK DESCRIBED IN THE POR. IT IS NOT ANTICIPATED THAT THE CM WILL SELF PERFORM ANY OF THREE WORK SET FORTH IN THE POR EXCEPT INCIDENTAL PROTECTION, OR LOGISTICS WORK, SUCH AS THE BUILDING OF NOISE PARTITIONS OR TEMPORARY PROTECTION MEASURES OF EXISTING FACILITIES. TO THE EXTENT THE CM INCURS DIRECT LABOR COSTS, THOSE COSTS WILL BE RECOVERABLE AS PROVIDED IN PARAGRAPH 9(D) OF THE SETTLEMENT AGREEMENT. 3. ATTACHED TO THIS MODIFICATION (AWARD) IS A SUMMARY OF THE COSTS THAT THE CM EXPECTS TO INCUR BUT FOR WHICH THE CM WILL NOT BE COMPENSATED (SEE EX D), EXCEPT AS PROVIDED IN THE SETTLEMENT AGREEMENT 9.D. 4. THE CM WILL MANAGE THE TRADE CONTRACTORS, TRADE CONTRACTORS' SCHEDULE OF WORK, THE QUALITY ASSURANCE FUNCTIONS OF THE TRADE CONTRACTORS' WORK TO ENSURE THAT THE TRADE CONTRACTORS' WORK CONFORMS TO THE POR, AND WILL PROVIDE THE COORDINATION FUNCTION BETWEEN THE GOVERNMENT AND THE TRADE CONTRACTORS AND WILL MANAGE AND COORDINATE THE POR CLOSE OUT DOCUMENTATION. THE CM WILL ALSO MANAGE THE MONTHLY TRADE CONTRACTOR BILLINGS AND PAYMENT TO TRADE CONTRACTORS. 5. THE CM WILL ENGAGE NO TRADE CONTRACTORS TO WHICH THE GOVERNMENT HAS REASONABLE OBJECTION WHICH REASONABLE OBJECTIONS MAY INCLUDE AMONG OTHERS THE TRADE CONTRACTORS EXPERIENCE AND/OR THE TERMS UNDER WHICH THE TRADE CONTRACTOR MAY BE ENGAGED. 6. IT IS THE INTENTION THAT ALL POR TRADE CONTRACTORS WILL BE BONDED, UNLESS THE GOVERNMENT AGREES OTHERWISE. THE CM WILL CONSULT WITH THE GOVERNMENT AS TO TRADE CONTRACTOR'S INSURANCE TO BALANCE THE ECONOMIC CONSIDERATIONS OF THE POR VERSUS THE RISK INVOLVED IN THE TRADE CONTRACTOR'S WORK. 7. THE GOVERNMENT WILL COMPENSATE THE CM FOR ALL TRADE CONTRACTOR COSTS ON A MONTHLY BASIS IN ACCORDANCE WITH THE PAYMENT PROCEDURES OF THE CONTRACT. 8. THE CM WILL HAVE NO RESPONSIBILITY FOR DESIGN. ALL DESIGN RESPONSIBILITY IS THE RESPONSIBILITY OF OTHERS ENGAGED DIRECTLY BY NIH. 9. NIH MAY SEEK THE ADVICE AND INPUT FROM THE CM AS TO THE CHOICE OF THE COATING PRODUCT TO USE IN THE COATINGS REMEDIATION. THE CHOICE AS TO WHICH PRODUCT THAT IS ULTIMATELY SELECTED WILL BE SOLELY WITHIN THE GOVERNMENT'S DISCRETION. 10. TO THE EXTENT THE POR REFERS TO WORDS SUCH AS "PROVIDE," "RESPONSIBLE FOR," "SHALL PAY," THOSE TERMS ARE UNDERSTOOD TO REFER TO THE CM ENSURING THAT THE TASKS AND RESPONSIBILITIES DESCRIBED IN THE POR ARE PERFORMED BY AND CARRIED OUT BY TRADE CONTRACTORS. THE CM WILL CONSULT WITH THE GOVERNMENT IN ACHIEVING COST SAVINGS BY JUDICIOUS USE OF GOVERNMENT PERSONNEL TO PERFORM POR TASKS WHERE FEASIBLE. THE CM WILL ALSO SHARE WITH THE GOVERNMENT ALL TRADE CONTRACTOR COST AND BID INFORMATION. 11. THE CM WILL NOT ACT AS SURETY OR GUARANTOR OF TRADE CONTRACTOR WORK. THE CM SHALL NOT BE RESPONSIBLE FOR A TRADE CONTRACTOR'S FAILURE TO PERFORM OR NEGLIGENT ACTS OR OMISSION WITH REGARD TO THEIR RESPECTIVE TRADE CONTRACTS, AS LONG AS CM PERFORMS ITS CONTRACTUAL OBLIGATIONS IN A PROFESSIONAL MANNER. ALL CONTRACTS ENTERED INTO BY CM WITH THE TRADE CONTRACTORS, SHALL NAME THE GOVERNMENT AS A THIRD-PARTY BENEFICIARY. THE CM AND THE GOVERNMENT WILL JOINTLY PURSUE REMEDIES AGAINST ANY TRADE CONTRACTOR WHO FAILS TO PERFORM ITS OBLIGATIONS. THE GOVERNMENT AND THE CM AGREE THAT ANY RECOVERY RECEIVED FRO
Other Administrative Action $0 9/14/15 16
CONSTRUCTION SERVICES TAS::75-12-0838::TAS - CAN 8362256 - FY-12 - ORF - 08003820120DB0 HIGGINS DEVELOPMENT PARTNERS, LLC IS BEING NOVATED TO SKANSKA USA BUILDING INC. (PREVIOUS CONTRACT C2000326). NOVATION DOCUMENTS ARE ATTACHED. 1. CONCURRENT WITH THIS MODIFICATION, THE CM AND THE GOVERNMENT HAVE EXECUTED THE FOLLOWING DOCUMENTS: (1) THE SETTLEMENT AGREEMENT; AND (2) THE POR (INCORPORATED IN PART I, SECTION C OF THE SCHEDULE; THE DEFINED TERMS IN THE SETTLEMENT AGREEMENT AND THE POR HAVE THE SAME MEANING IN THE MODIFICATION AS IN THE SETTLEMENT AGREEMENT AND POR). 2. SKANSKA WILL SERVE AS THE CONSTRUCTION MANAGER ("CM") OF THE COATINGS REMEDIATION. THE CM WILL ENGAGE VARIOUS TRADE CONTRACTORS WHO WILL PERFORM THE WORK DESCRIBED IN THE POR. IT IS NOT ANTICIPATED THAT THE CM WILL SELF PERFORM ANY OF THREE WORK SET FORTH IN THE POR EXCEPT INCIDENTAL PROTECTION, OR LOGISTICS WORK, SUCH AS THE BUILDING OF NOISE PARTITIONS OR TEMPORARY PROTECTION MEASURES OF EXISTING FACILITIES. TO THE EXTENT THE CM INCURS DIRECT LABOR COSTS, THOSE COSTS WILL BE RECOVERABLE AS PROVIDED IN PARAGRAPH 9(D) OF THE SETTLEMENT AGREEMENT. 3. ATTACHED TO THIS MODIFICATION (AWARD) IS A SUMMARY OF THE COSTS THAT THE CM EXPECTS TO INCUR BUT FOR WHICH THE CM WILL NOT BE COMPENSATED (SEE EX D), EXCEPT AS PROVIDED IN THE SETTLEMENT AGREEMENT 9.D. 4. THE CM WILL MANAGE THE TRADE CONTRACTORS, TRADE CONTRACTORS' SCHEDULE OF WORK, THE QUALITY ASSURANCE FUNCTIONS OF THE TRADE CONTRACTORS' WORK TO ENSURE THAT THE TRADE CONTRACTORS' WORK CONFORMS TO THE POR, AND WILL PROVIDE THE COORDINATION FUNCTION BETWEEN THE GOVERNMENT AND THE TRADE CONTRACTORS AND WILL MANAGE AND COORDINATE THE POR CLOSE OUT DOCUMENTATION. THE CM WILL ALSO MANAGE THE MONTHLY TRADE CONTRACTOR BILLINGS AND PAYMENT TO TRADE CONTRACTORS. 5. THE CM WILL ENGAGE NO TRADE CONTRACTORS TO WHICH THE GOVERNMENT HAS REASONABLE OBJECTION WHICH REASONABLE OBJECTIONS MAY INCLUDE AMONG OTHERS THE TRADE CONTRACTORS EXPERIENCE AND/OR THE TERMS UNDER WHICH THE TRADE CONTRACTOR MAY BE ENGAGED. 6. IT IS THE INTENTION THAT ALL POR TRADE CONTRACTORS WILL BE BONDED, UNLESS THE GOVERNMENT AGREES OTHERWISE. THE CM WILL CONSULT WITH THE GOVERNMENT AS TO TRADE CONTRACTOR'S INSURANCE TO BALANCE THE ECONOMIC CONSIDERATIONS OF THE POR VERSUS THE RISK INVOLVED IN THE TRADE CONTRACTOR'S WORK. 7. THE GOVERNMENT WILL COMPENSATE THE CM FOR ALL TRADE CONTRACTOR COSTS ON A MONTHLY BASIS IN ACCORDANCE WITH THE PAYMENT PROCEDURES OF THE CONTRACT. 8. THE CM WILL HAVE NO RESPONSIBILITY FOR DESIGN. ALL DESIGN RESPONSIBILITY IS THE RESPONSIBILITY OF OTHERS ENGAGED DIRECTLY BY NIH. 9. NIH MAY SEEK THE ADVICE AND INPUT FROM THE CM AS TO THE CHOICE OF THE COATING PRODUCT TO USE IN THE COATINGS REMEDIATION. THE CHOICE AS TO WHICH PRODUCT THAT IS ULTIMATELY SELECTED WILL BE SOLELY WITHIN THE GOVERNMENT'S DISCRETION. 10. TO THE EXTENT THE POR REFERS TO WORDS SUCH AS "PROVIDE," "RESPONSIBLE FOR," "SHALL PAY," THOSE TERMS ARE UNDERSTOOD TO REFER TO THE CM ENSURING THAT THE TASKS AND RESPONSIBILITIES DESCRIBED IN THE POR ARE PERFORMED BY AND CARRIED OUT BY TRADE CONTRACTORS. THE CM WILL CONSULT WITH THE GOVERNMENT IN ACHIEVING COST SAVINGS BY JUDICIOUS USE OF GOVERNMENT PERSONNEL TO PERFORM POR TASKS WHERE FEASIBLE. THE CM WILL ALSO SHARE WITH THE GOVERNMENT ALL TRADE CONTRACTOR COST AND BID INFORMATION. 11. THE CM WILL NOT ACT AS SURETY OR GUARANTOR OF TRADE CONTRACTOR WORK. THE CM SHALL NOT BE RESPONSIBLE FOR A TRADE CONTRACTOR'S FAILURE TO PERFORM OR NEGLIGENT ACTS OR OMISSION WITH REGARD TO THEIR RESPECTIVE TRADE CONTRACTS, AS LONG AS CM PERFORMS ITS CONTRACTUAL OBLIGATIONS IN A PROFESSIONAL MANNER. ALL CONTRACTS ENTERED INTO BY CM WITH THE TRADE CONTRACTORS, SHALL NAME THE GOVERNMENT AS A THIRD-PARTY BENEFICIARY. THE CM AND THE GOVERNMENT WILL JOINTLY PURSUE REMEDIES AGAINST ANY TRADE CONTRACTOR WHO FAILS TO PERFORM ITS OBLIGATIONS. THE GOVERNMENT AND THE CM AGREE THAT ANY RECOVERY RECEIVED FRO
Supplemental Agreement for work within scope $350.0k 8/27/15