00 73 00 - Supplementary Conditions 2018.pdf

EJCDC® C-800, Supplementary Conditions of the Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Definitions and Terminology

Article 2— Preliminary Matters

Article 3— Contract Documents: Intent, Requirements, Reuse

Article 4— Commencement and Progress of the Work

Article 5— Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions

Article 6— Bonds and Insurance

Article 7— Contractor’s Responsibilities

Article 8— Other Work at the Site

Article 9— Owner’s Responsibilities

Article 10— Engineer’s Status During Construction

Article 11— Changes to the Contract

Article 12— Claims

Article 13— Cost of Work; Allowances, Unit Price Work

Article 14— Tests and Inspections; Correction, Removal, or Accceptance of Defective Work

Article 15— Payments to Contractor, Set Offs; Completions; Correction Period

Article 16— Suspension of Work and Termination

Article 17— Final Resolutions of Disputes

Article 18— Miscellaneous

Exhibit A - Foreseeable Bad Weather Days

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

These Supplementary Conditions amend or supplement EJCDC® C-700, Standard General Conditions of the Construction Contract (2018). The General Conditions remain in full force and effect except as amended.

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—for example, “Paragraph SC-4.05.”

ARTICLE 1—DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

SC 1.01.A Add to the list of definitions in Paragraph 1.01.A by inserting the following as numbered items in their proper alphabetical positions:

Authorities having Jurisdiction – Such authorities, including building code officials, zoning officials, municipalities, townships, inspectors, and regulatory agencies which protect the public’s health, safety, and welfare through administration of laws, codes, and other regulations.

SC-1.01.A.28 Delete paragraph 1.01.A.28 of the General Conditions in its entirety and insert the following in its place:

28. Notice of Intent to Award, Notice of Award -

a. Notice of Intent to Award — The written notice given by Owner to a Successful Bidder stating that the Owner intends to award a Contract to the Successful Bidder upon timely compliance with the requirements for Bonds and any other conditions precedent listed therein.

b. Notice of Award — The written notice by Owner to a Successful Bidder stating that the Owner has awarded the Contract will sign and deliver the Agreement.

ARTICLE 2—PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

SC-2.01 Delete Paragraph 2.01.C in its entirety and insert the following in their place:

C. Evidence of Owner’s Insurance: After receipt from Contractor of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor copies of the policies of insurance to be provided by Owner in this Contract (if any), if requested by the Owner. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

2.02 Copies of Documents

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SC-2.02 Amend the first sentence of Paragraph 2.02.A. to read as follows:

Owner will not furnish printed copies of the Contract Documents.

ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE

No Supplementary Conditions in this Article.

ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times; Notice to Proceed

SC-4.01.A Delete the last sentence in its entirety from paragraph 4.01.A of the General Conditions.

4.03 Reference Points

SC-4.03.A Add the following new paragraph immediately after paragraph 4.03.A of the General Conditions:

1. Surveys, as required to set control points for lines, grades and elevations, shall be made by the Contractor from reference points provided by the Engineer.

4.05 Delays in Contractor’s Progress

SC-4.05 Amend Paragraph 4.05.C by adding the following subparagraphs:

5. Weather-Related Delays

a. If “abnormal weather conditions” as set forth in Paragraph 4.05.C.2 of the General Conditions are the basis for a request for an equitable adjustment in the Contract Times, such request must be documented by data substantiating each of the following: 1) that weather conditions were abnormal for the period of time in which the delay occurred, 2) that such weather conditions could not have been reasonably anticipated, and 3) that such weather conditions had an adverse effect on the Work as scheduled.

b. The existence of abnormal weather conditions will be determined on a month-by-month basis in accordance with the following:

1) Every workday on which one or more of the following conditions exist will be considered a “bad weather day”:

i) Total precipitation (as rain equivalent) occurring between 5:00 p.m. on the preceding day (regardless of whether such preceding day is a workday) through 5:00 p.m. on the workday in question equals or exceeds ½ inch of precipitation (as rain equivalent, based on the snow/rain conversion indicated in the table entitled Foreseeable Bad Weather Days; such table is hereby incorporated in this SC-4.05.C by reference.

2) Determination of actual bad weather days during performance of the Work will be based on the weather records measured and recorded by NOAA weather monitoring station at Lancaster Airport monitoring station.

3) Contractor shall anticipate the number of foreseeable bad weather days per month indicated in the table in Exhibit A — Foreseeable Bad Weather Days.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

4) In each month, every bad weather day exceeding the number of foreseeable bad weather days established in the table in Exhibit A — Foreseeable Bad Weather Days will be considered as “abnormal weather conditions.” The existence of abnormal weather conditions will not relieve Contractor of the obligation to demonstrate and document that delays caused by abnormal weather are specific to the planned work activities or that such activities thus delayed were on Contractor’s then-current Progress Schedule’s critical path for the Project.

ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL

CONDITIONS

5.03 Subsurface and Physical Conditions

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

E. The following table lists the reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data, and specifically identifies the Technical Data in the report upon which Contractor may rely:

Report Title Date of Report Technical Data

No Reports Utilized

F. The following table lists the drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data, and specifically identifies the Technical Data upon which Contractor may rely:

Drawings Title Date of Drawings Technical Data

No Drawings Utilized

5.06 Hazardous Environmental Conditions

SC-5.06 Add the following new paragraphs immediately after Paragraph 5.06.A.3:

4. The following table lists the reports known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and the Technical Data (if any) upon which Contractor may rely: [If there are no such reports, so indicate in the table]

Report Title Date of Report Technical Data

No Reports Utilized None

5. The following table lists the drawings known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and Technical Data (if any) contained in such Drawings upon which Contractor may rely: [If there are no such drawings, so indicate in the table]

Drawings Title Date of Drawings Technical Data

No Drawings Utilized None

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 6—BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds

SC-6.01 Add the following paragraphs immediately after Paragraph 6.01.A:

1. Required Performance Bond Form: The performance bond that Contractor furnishes will be in the form included in the Contract Documents.

2. Required Payment Bond Form: The payment bond that Contractor furnishes will be in the form included in the Contract Documents.

3. In the event the successful Bidder proposes to furnish a lending institution letter of credit or a restrictive lending institution escrow account as performance and payment financial security rather than performance and payment surety bonds, the form and content of such alternative financial security must be in compliance with Pennsylvania law, fully protect the public and be approved by the Township’s solicitor.

6.02 Insurance – General Provisions

SC-6.02 Modify paragraph 6.02.N:

1. Cancellation notice shall be 30 days for all coverages.

SC-6.02 Supplement Paragraph 6.02 with the following provisions after Paragraph 6.02.N:

O. Copies of coverage forms evidencing the requested coverages shall be attached to the certificate.

P. Owner and Engineer shall be named as additional insured under the General Liability, Auto Liability and Umbrella/Excess Liability policies.

6.03 Contractor’s Insurance

SC-6.03 Supplement Paragraph 6.03 with the following provisions after Paragraph 6.03.C:

D. Other Additional Insureds: As a supplement to the provisions of Paragraph 6.03.C of the General Conditions, the commercial general liability, automobile liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies must include as additional insureds (in addition to Owner and Engineer) the following:

1. Herbert Rowland & Grubic, Inc.

2. Hex 9 Architects

E. Workers’ Compensation and Employer’s Liability: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance, including, as applicable, United States Longshoreman and Harbor Workers’ Compensation Act, Jones Act, stop-gap employer’s liability coverage for monopolistic states, and foreign voluntary workers’ compensation (from available sources, notwithstanding the jurisdictional requirement of Paragraph 6.02.B of the General Conditions).

Workers’ Compensation/Employer’s Liability Policy limits of not less than:

State Statutory

Applicable Federal (e.g., Longshoreman’s) Statutory

Each accident $1,000,000

Each employee $1,000,000

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Workers’ Compensation/Employer’s Liability Policy limits of not less than:

Each Employee, disease $1,000,000

Policy limit, disease $1,000,000

F. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against claims for:

1. damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees,

2. damages insured by reasonably available personal injury liability coverage, and

3. damages because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom.

G. Commercial General Liability—Form and Content: Contractor’s commercial liability policy must be written on a 1996 (or later) Insurance Services Organization, Inc. (ISO) commercial general liability form (occurrence form) and include the following coverages and endorsements:

1. Products and completed operations coverage.

a. Such insurance must be maintained for three years after final payment.

b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter.

2. Blanket contractual liability coverage, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18.

3. Severability of interests and no insured-versus-insured or cross-liability exclusions.

4. Underground, explosion, and collapse coverage.

5. Personal injury coverage.

6. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements.

7. For design professional additional insureds, ISO Endorsement CG 20 32 07 04 “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent.

8. Waiver of subrogation shall apply to General Liability.

H. Commercial General Liability—Excluded Content: The commercial general liability insurance policy, including its coverages, endorsements, and incorporated provisions, must not include any of the following:

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. Any modification of the standard definition of “insured contract” (except to delete the railroad protective liability exclusion if Contractor is required to indemnify a railroad or others with respect to Work within 50 feet of railroad property).

2. Any exclusion for water intrusion or water damage.

3. Any provisions resulting in the erosion of insurance limits by defense costs other than those already incorporated in ISO form CG 00 01.

4. Any exclusion of coverage relating to earth subsidence or movement.

5. Any exclusion for the insured’s vicarious liability, strict liability, or statutory liability (other than worker’s compensation).

6. Any limitation or exclusion based on the nature of Contractor’s work.

7. Any professional liability exclusion broader in effect than the most recent edition of ISO form CG 22 79.

8. Coverage shall be primary and non-contributary.

I. Commercial General Liability—Minimum Policy Limits

Commercial General Liability Policy limits of not less than:

Each Occurrence $1,000,000

Damage to Rented Premises (Each Occurrence) $100,000

Medical Expenses $10,000

Personal and Advertised Injury $1,000,000

General Aggregate $2,000,000

J. Automobile Liability: Contractor shall purchase and maintain automobile liability insurance for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy must be written on an occurrence basis. Waiver of subrogation shall apply to Automobile Liability. Coverage shall be primary and non-contributary.

Automobile Liability Policy limits of not less than:

Automobile Liability

Combined Single Limit $1,000,000

K. Umbrella or Excess Liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the Paragraphs above. The coverage afforded must be at least as broad as that of each and every one of the underlying policies.

Excess liability shall be in addition to General Liability, Auto Liability and employer liability policies. Certificate shall evidence that. Waiver of subrogation shall apply to Umbrella/Excess Liability. Coverage shall be primary and non-contributary.

Excess or Umbrella Liability Policy limits of not less than:

Umbrella Liability

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Excess or Umbrella Liability Policy limits of not less than:

Each Occurrence $5,000,000

6.04 Builder’s Risk and Other Property Insurance

SC 6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions:

F. Builder’s Risk Requirements: The builder’s risk insurance must:

1. be written on a builder’s risk “all risk” policy form that at a minimum includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment stored and in transit, and must not exclude the coverage of the following risks: fire; windstorm; hail; flood; earthquake, volcanic activity, and other earth movement; lightning; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke;

theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; and water damage (other than that caused by flood).

a. Such policy will include an exception that results in coverage for ensuing losses from physical damage or loss with respect to any defective workmanship, methods, design, or materials exclusions.

b. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake, volcanic activity, and other earth movement;

or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance will be provided through other insurance policies acceptable to Owner and Contractor.

2. cover, as insured property, at least the following:

a. the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property;

b. spare parts inventory required within the scope of the Contract; and

c. temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures.

3. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of contractors, engineers, and architects).

4. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier).

5. extend to cover damage or loss to insured property while in transit.

6. allow for the waiver of the insurer’s subrogation rights, as set forth in this Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

7. allow for partial occupancy or use by Owner by endorsement, and without cancellation or lapse of coverage.

8. include performance/hot testing and start-up, if applicable.

9. be maintained in effect until the Work is complete, as set forth in Paragraph 15.06.D of the General Conditions, or until written confirmation of Owner’s procurement of property insurance following Substantial Completion, whichever occurs first.

10 include as named insureds the Owner, Contractor, Subcontractors (of every tier), and any other individuals or entities required by this Contract to be insured under such builder’s risk policy. For purposes of Paragraphs 6.04, 6.05, and 6.06 of the General Conditions, and this and all other corresponding Supplementary Conditions, the parties required to be insured will be referred to collectively as “insureds.” In addition to Owner, Contractor, and Subcontractors of every tier, include as insureds the following:

a. N/A.

ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES

7.03 Labor; Working Hours

SC-7.03 Add the following new subparagraph immediately after Paragraph 7.03.C:

1. The Township Office Building will be open at the following times: Monday through Thursday from 7:00 AM to 5:30 PM. During weeks in which a Township designated holiday occurs on a Monday, Tuesday, Wednesday or Thursday, the office shall be open on Friday from 7:00 AM to 5:30 PM.

2. Regular working hours will be 7:00 AM to 6:00 PM, Monday through Friday, with access to the inside of the building limited to the Office Building open hours indicated above.

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

D. Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer’s services (including those of the Resident Project Representative, if any), Owner's representative, and construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular workday. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15.

7.10 Taxes

SC-7.10 Add a new paragraph immediately after Paragraph 7.10.A:

B. Owner is exempt from payment of sales and compensating use taxes of the State of Pennsylvania and of cities and counties thereof on all materials to be incorporated into the Work.

1. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work.

2. Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 8—OTHER WORK AT THE SITE

No Supplementary Conditions in this Article.

ARTICLE 9—OWNER’S RESPONSIBILITIES

No Supplementary Conditions in this Article.

ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION

10.03 Resident Project Representative

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

C. The Resident Project Representative (RPR) will be Engineer's representative at the Site. RPR's dealings in matters pertaining to the Work in general will be with Engineer and Contractor.

RPR's dealings with Subcontractors will only be through or with the full knowledge or approval of Contractor. The RPR will:

1. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor’s safety meetings), and as appropriate prepare and circulate copies of minutes thereof.

2. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR’s own personal safety while at the Site.

3. Liaison

a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents.

b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations.

c. Assist in obtaining from Owner additional details or information, when required for Contractor’s proper execution of the Work.

4. Review of Work; Defective Work

a. Conduct on-Site observations of the Work to assist Engineer in determining, to the extent set forth in Paragraph 10.02, if the Work is in general proceeding in accordance with the Contract Documents.

b. Observe whether any Work in place appears to be defective.

c. Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval.

5. Inspections and Tests

a. Observe Contractor-arranged inspections required by Laws and Regulations, including but not limited to those performed by public or other agencies having jurisdiction over the Work.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

b. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work.

6. Payment Requests: Review Applications for Payment with Contractor.

7. Completion

a. Participate in Engineer’s visits regarding Substantial Completion.

b. Assist in the preparation of a punch list of items to be completed or corrected.

c. Participate in Engineer’s visit to the Site in the company of Owner and Contractor regarding completion of the Work and prepare a final punch list of items to be completed or corrected by Contractor.

d. Observe whether items on the final punch list have been completed or corrected.

D. The RPR will not:

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

2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents.

3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers.

4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction.

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

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

7. Authorize Owner to occupy the Project in whole or in part.

ARTICLE 11—CHANGES TO THE CONTRACT

No Supplementary Conditions in this Article.

ARTICLE 12—CLAIMS

No Supplementary Conditions in this Article.

ARTICLE 13—COST OF WORK; ALLOWANCES, UNIT PRICE WORK

SC-13.01 Supplement Paragraph 13.01.B.5.c.(2) by adding the following sentence:

The equipment rental rate book that governs the included costs for the rental of machinery and equipment owned by Contractor (or a related entity) under the Cost of the Work provisions of this Contract is the most current edition of Equipment Rental Watch.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

SC-13.01 Supplement Paragraph 13.01.C.2 by adding the following definition of small tools and hand tools:

a. For purposes of this paragraph, “small tools and hand tools” means any tool or equipment whose current price if it were purchased new at retail would be less than $500.

13.03 Unit Price Work

SC-13.03 Delete Paragraph 13.03.E in its entirety and insert the following in its place:

E. Adjustments in Unit Price

1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if:

a. the extended price of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price (based on estimated quantities at the time of Contract formation) and the variation in the quantity of that particular item of Unit Price Work actually furnished or performed by Contractor differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and

b. Contractor’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change.

2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor.

3. Adjusted unit prices will apply to all units of that item.

ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK

No Supplementary Conditions in this Article.

ARTICLE 15—PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD

15.01 Progress Payments

SC-15.01 Amend the first sentence of Paragraph 15.01.D.1 to change the number of days from Ten to Thirty Five.

15.03 Substantial Completion

SC-15.03 Add the following new subparagraph to Paragraph 15.03.B:

1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, will be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under this Article 15.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 16—SUSPENSION OF WORK AND TERMINATION

No Supplementary Conditions in this Article.

ARTICLE 17—FINAL RESOLUTIONS OF DISPUTES

17.02 Arbitration

SC-17.02 Add the following new paragraph immediately after Paragraph 17.01.

17.02 Arbitration

A. Arbitration is eliminated as an option.

B. The parties hereto consent to the exclusive jurisdiction of the Court of Common Please of Lancaster County, Pennsylvania, with respect to any dispute which may arise in connection with this Agreement or the enforcement thereof unless the parties mutually agree in writing to another form of dispute resolution.

17.03 Attorneys’ Fees

SC-17.03 Add the following new paragraph immediately after Paragraph 17.02.

17.03 Attorneys’ Fees

A. For any matter subject to final resolution under this Article, the prevailing party shall be entitled to an award of its attorneys’ fees incurred in the final resolution proceedings, in an equitable amount to be determined in the discretion of the court, arbitrator, arbitration panel, or other arbiter of the matter subject to final resolution, taking into account the parties’ initial demand or defense positions in comparison with the final result.

ARTICLE 18—MISCELLANEOUS

No Supplementary Conditions in this Article.

EXHIBIT A - FORESEEABLE BAD WEATHER DAYS

Month

Normal Number of Days in Month with ½” or more Precipitation as Rain Equivalent

(NWS Weather Stations) Pittsburgh Harrisburg Williamsport Allentown Erie

January 1 2 2 3 1

February 2 2 2 2 1

March 2 3 2 2 1

April 2 2 2 2 2

May 3 2 3 3 2

June 3 3 3 3 2

July 3 3 3 3 2

August 3 2 3 2 2

September 2 3 2 3 3

October 1 3 2 2 3

November 2 2 2 2 2

December 2 3 2 3 2

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Month

Normal Number of Days in Month with ½” or more Precipitation as Rain Equivalent (PA State Climatologist 1989-2018)

A lle n to w n

A ir p o rt

A lt o o n a

B la ir C o u n ty ir p

B ig le rv ill e

B ra d fo rd

M i.

SW

Er ie

A ir p

K an e

M i.

N N

E

La ca st er

M i.

N E

Le b an o n

M i.

W

Le w is to w

M id d le to w n -H ar ri sb u rg p

P h ila d e lp h ia

A ir p

P it ts b u rg h A ir p

R en vo

R id gw ay

Se lin sg ro ve

M i.

S

Sh ip p e n sb u rg

St at e C o lle ge ar re ile s- B ar re

/S cr an to p ill ia m sp o rt A ir p

January 2 1 2 2 1 2 2 2 2 2 2 2 1 2 2 2 1 2 1 2

February 2 1 2 1 1 1 1 2 2 2 2 2 1 1 1 2 1 1 1 2

March 2 2 2 2 2 2 2 2 2 2 3 2 2 2 2 2 2 2 1 2

April 2 2 2 3 2 3 2 2 2 2 2 2 2 2 2 2 2 3 2 2

May 3 2 3 3 2 3 3 3 3 3 3 3 3 3 2 3 2 3 2 3

June 3 2 3 3 2 3 3 3 3 3 3 3 2 3 3 3 3 3 2 3

July 3 2 2 4 2 4 4 3 3 3 2 3 3 3 3 3 3 3 2 3

August 3 2 2 3 2 3 2 3 3 2 3 3 3 2 3 2 3 3 2 3

September 3 2 3 3 3 3 3 3 3 3 2 2 3 3 3 3 2 3 2 3

October 2 2 3 3 3 3 3 3 2 2 2 2 2 2 3 2 2 3 2 3

November 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2

December 3 2 2 3 2 2 3 3 2 3 3 2 2 2 2 2 2 2 2 2

Month

Number of Foreseeable Bad Weather Days in Month Based on Precipitation as Rain

Equivalent (inches) (1)

January 2

February 1

March 2

April 2

May 3

June 3

July 4

August 2

September 3

October 3

November 2

December 3

Notes:

1. Two inches of sleet equal one inch of rain. Five inches of wet, heavy snow equal one inch of rain. Fifteen inches of “dry” powder snow equals one inch of rain.