10-Supplementary Conditions.pdf

SEDCO

Highridge Business Park East – Lot #12 Foster Township, Schuylkill County, PA

SUPPLEMENTARY CONDITIONS Page i Section 800

SUPPLEMENTARY CONDITIONS

TABLE OF CONTENTS

Page

INTRODUCTION………………………………………...……………………………………………1

SC-1.0 DEFINITIONS……………………………………………………………………...……1

SC-1.01.A.2 AGREEMENT………..………….....……………………………………………………1

SC-2.02 COPIES OF DOCUMENTS……………………………………………………………..1

SC-4.02 SUBSURFACE AND PHYSICAL CONDITIONS……………………………………..1

SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITION……………………………………1

SC-5.04 CONTRACTOR'S LIABILITY INSURANCE………………………………………….1

SC-6.06 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS………………..3

SC-6.09 LAWS AND REGULATIONS……………………………………………………….…...3

SC-6.09.D UNDERGROUND UTILITIES………...………………………………………………..3

SC-6.09.E EROSION CONTROL…………………………………………………………………...3

SC-6.09.F ENVIRONMENTAL PROTECTION………………………………………….………...3

SC-6.09.G PA PREVAILING WAGES……………………………………………………………...3

SC-6.09.H FAMILIARIZATION WITH LAWS AND REGULATIONS………...………………...4

SC-6.09.I PENNSYLVANIA STEEL PRODUCTS PROCUREMENT ACT

(73 P.S.SEC.1881 ET SEQ., AS AMENDED)…………………………………………..4

SC-6.09.J NON-DISCRIMINATION PROVISION………………………...……………………...4

SC-6.09.K MINORITY AND WOMEN'S BUSINESS ENTERPRISE FIRMS (MWBE

REQUIREMENTS (IF REQUIRED FOR PROJECT)……......………………………...6

SC-6.09.L REGULATIONS OF THE DEPARTMENT OF LABOR AND INDUSTRY..…….…...6

SC-6.09.M SANITARY CONVENIENCES…………………………………………………………6

SC-6.09.N ACCESSIBILITY REQUIREMENTS…………………………………………………...6

SC-6.09.O TRADE PRACTICES ACT ……...…………………………………….………………..7

SC-6.09.P PUBLIC WORKS CONTRACTOR'S BOND LAW OF 1967 ………….………...…….7

SC-6.17 SHOP DRAWINGS AND SAMPLES…………………………………………………...8

SC-7.04 CLAIMS BETWEEN CONTRACTORS………………………………………………...8

SC-8.11 EVIDENCE OF FINANCIAL ARRANGEMENTS……………………………………..9

SC-9.03 PROJECT REPRESENTATIVE…………………………………………………………9

SC-11.01 COST OF THE WORK………………………………………………………………….9

SC-16.01 METHODS AND PROCEDURE………………………………………………………10

SC-16.02 ARBITRATION……………………………………………………………………..….10

SUPPLEMENTARY CONDITIONS Page 1 of 11 Section 800

Introduction - Supplementary Conditions

These Supplementary Conditions amend or supplement the Standard General Conditions of the

Construction Contract, EJCDC C-700 (2007 Edition). 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-1.0 Definitions

SC-1.01.A.2 Agreement

Delete paragraph 1.01.A.2 of the General Conditions in its entirety and insert the following in its place:

2. Agreement – The written agreement between OWNER and CONTRACTOR covering the work to be performed, including all other documents referred to and incorporated therein.

SC-2.02 Copies of Documents

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

A. Owner shall furnish to Contractor up to four printed or hard copies of the Drawings and

Project Manual and one set in electronic format. Additional copies will be furnished upon request at the cost of reproduction.

SC-4.02 Subsurface and Physical Conditions

A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the

Site, are known to Owner.

SC-4.06 Hazardous Environmental Conditions

SC-4.06 Delete Paragraphs 4.06.A and 4.06.B in their entirety and insert the following:

A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner.

B. Not Used.

SC-5.04 Contractor’s Liability Insurance

SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.B:

SUPPLEMENTARY CONDITIONS Page 2 of 11 Section 800

C. The limits of liability for the insurance required by Paragraph 5.04 of the General

Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions:

a. State: Statutory

b. Applicable Federal

(e.g., Longshoreman’s): Statutory

c. Employer’s Liability: Statutory

2. Contractor’s General Liability under Paragraphs 5.04.A.3 through A.6 of the

General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor:

a. General Aggregate $2,000,000

b. Products – Completed $1,000,000

Operations Aggregate

c. Personal and Advertising Injury $1,000,000

d. Each Occurrence

(Bodily Injury and Property Damage)

e. $1,000,000 Property Damage liability insurance will provide

Explosion, Collapse, and Under-ground coverages where applicable.

f. Excess or Umbrella Liability

a. General Aggregate $4,000,000

b. Each Occurrence $2,000,000

3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:

a. Bodily Injury:

Each person $1,000,000

Each Accident $2,000,000

b. Property Damage:

Each Accident $1,000,000

4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General

Conditions shall provide coverage for not less than the following amounts:

SUPPLEMENTARY CONDITIONS Page 3 of 11 Section 800

a. Bodily Aggregate $4,000,000

b. Each Occurrence $2,000,000

5. Other persons or entities to be included on policy as additional insured’s:

a. Owner: Schuylkill Economic Development Corporation (SEDCO)

b. Engineer: WJP Engineers

c. Schuylkill County Industrial Development Authority (SCIDA)

d. Commonwealth of Pennsylvania

SC-6.06 Concerning Subcontractors, Suppliers, and Others

Add a new paragraph immediately after Paragraph 6.06.G:

H. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier.

SC-6.09 Laws and Regulations

Add the following paragraphs after paragraph 6.09.C. of the General Conditions:

SC-6.09.D Underground Utilities

It shall be the duty of each CONTRACTOR who intends to perform excavation or demolition work to comply with al requirements of the Underground Utility Line Protection Law, Act 287 of 1996, as amended by At 38 of 1997.

SC-6.09.E Erosion Control

CONTRACTOR is responsible for complying with DEP Regulation Chapter 102, Erosion Control, and the Erosion Control Plan for this project. Areas used outside the project, such as spoil areas or waste sites used by the contractor, must also have a plan prepared by the contractor and approved by the local

Conservation District in accordance with above regulations.

SC-6.09.F Environmental Protection

CONTRACTOR shall comply with all provisions of Federal and State statues, rules and regulations dealing with the prevention of environmental pollution, and the preservation of public natural resources that affect the project pursuant to the provisions of Act No. 247 of the General Assembly of the Commonwealth of Pennsylvania, approved October 26, 1972.

SC-6.09.G PA Prevailing Wages

The PA Prevailing Wages shall apply to this project. A copy of the Wage Predetermination is included in the Appendix. CONTRACTOR is responsible for compliance with the law, including the following requirements:

1. All workmen employed by this project shall be paid not less than the minimum wage rates.

SUPPLEMENTARY CONDITIONS Page 4 of 11 Section 800

2. CONTRACTOR and each Subcontractor shall keep an accurate recording showing the name, craft and actual hourly rate of wage paid to each workman employed by him in connection with this public work. This record shall be preserved for two years from the date of project. Certified

Payrolls are to be submitted with each application for payment request.

3. CONTRACTOR and each Subcontractor shall post the general prevailing minimum wages for each craft and classification involved, as determined by the Secretary of Labor and in a prominent and easily accessible place at the site of the work.

4. At the completion of the work and as a prerequisite for acceptance by OWNER, CONTRACTOR and each subcontractor shall file statements with OWNER of the names and amounts of unpaid wages.

5. CONTRACTOR and each Subcontractor shall file a statement each week under oath and in form satisfactory to the Secretary certifying that all workmen have been paid wages in strict conformity with the provisions, if any wages remain unpaid, to set forth the amount of wages due and owing to each workman respectively.

6. CONTRACTOR and each Subcontractor shall make employees available for interview by

OWNER or representative thereof on a reasonable basis. Interviews shall be limited to the employee’s name, address, dates worked on the project, hourly rate, job classification, duties, tools and equipment utilized and comments regarding compliance with labor standards.

SC-6.09.H Familiarization with Laws and Regulations

CONTRACTOR shall be responsible to familiarize himself and comply with all statues, ordinances, rules and regulations whether federal, state or local, which may be applicable to the work to be performed and/or materials and equipment to be used or supplied in performance of the Agreement, OWNER and ENGINEER make no representation that such statutes, ordinances, rules and regulations as made be mentioned in the Contract Documents are only the applicable, and CONTRACTOR agrees that he should ascertain all statutes, rules and regulations that may be applicable and shall base his bid prices on full compliance therewith.

SC-6.09.I Pennsylvania Steel Products Procurement Act (73 P.S. Sec. 1881 et seq., as amended)

Contractor is required to abide by the provisions of the Pennsylvania Steel Products Procurement Act.

Contractor is to use the appropriate Department of General Services forms for compliance with this

Act.

SC-6.09.J Non-Discrimination Provision:

The Contractor agrees that he will comply with the provisions of the Pennsylvania Human Relations

Act in providing equal employment opportunities in connection with all Work performed by him at the

Project Site pursuant to this Contractor. The Contractor, therefore, agrees:

Contractor will not discriminate no permit discrimination by his agents, servants, or employees against any employee or application for employment with regard to hiring, tenure of employment, promotion, terms, conditions or privileges of employment at the Project Site covered by this Contract, because of

SUPPLEMENTARY CONDITIONS Page 5 of 11 Section 800 race, color, religion, age or national origin, and will take such affirmative actions as is hereinafter set forth to prevent same.

The Contractor will, in all publications or advertisements for employees to Work at the Project Site covered by this Contract, placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, age or national origin.

The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice to be provided by the

Pennsylvania Human Relations Commission, advising the said labor union or workers’ representative of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to his employees and applicants for employment.

The Contractor shall supply the contracting agency of the State with a periodic report, called

“Compliance Report,” relating to work performed at the Project Site under this Contract as may be required by the Pennsylvania Human Relations Commission. The Commission shall, at all times, have access to the employment records of said Contractor for purposes of investigation to ascertain compliance with the rules, regulations and orders of the Pennsylvania Human Relations Commission, relating to discrimination.

The Contractor shall insert the provisions of the subparagraphs 1., 2., and 3., of this paragraph in all subcontracts which are entered into by the Contractor under this Contract requiring work to be done at the Project Site as covenants to be binding upon such Subcontractors.

The Subcontractor of the Contractor shall have the same responsibility and obligations as the

Contractor to comply with the provisions of the Pennsylvania Human Relations Act.

It is hereby agreed that the failure to comply with the foregoing requirements shall constitute a substantial breach of Contract.

In the event the Pennsylvania Human Relations Commission, after investigation and hearing, shall determine that the Contractor or Subcontractor, as the case may be, has failed to comply with any of the provisions of this Act, the Commission, in addition to issuing any other it deems appropriate pursuant to Section 9 of the Pennsylvania Human Relations Act, shall certify such findings to the contracting agency of title State, with a recommendation for termination of the contract or the subcontract, as the case may be, or with a recommendation that such Contractor or Subcontractor be declared ineligible for any further public works, contracts or subcontracts for a period of not more than two years from the date of such recommendation.

Should the contracting agency of the State adopt the recommendation to terminate the Contract, written notice of this fact shall be given to the Contractor by registered mail addressed to the

Contractor’s registered office in Pennsylvania, in which event, all obligation on the part of the contracting agency to perform this Contract shall cease, save only the obligation to pay the Contractor the sums due, including any retained amounts, for all articles delivered or for all articles or equipment for which the Contractor may be liable, to the date of such termination.

Should the contracting agency of the State adopt the recommendation to direct the Contractor to terminate a Subcontract entered into by the Contractor under this Contract, written notice of this fact

SUPPLEMENTARY CONDITIONS Page 6 of 11 Section 800 shall be given to the Contractor by registered mail addressed to the Contractor’s registered office in

Pennsylvania, and it shall then be the obligation of the Contractor to terminate such Subcontract pursuant to said written notice.

Should the contracting agency of the State adopt the recommendation to declare the Contractor or

Subcontractor, as the case may be, ineligible for further public works Contracts or Subcontracts, written notice of this fact and of the duration of such period of ineligibility shall be given to the

Contractor or Subcontractor by registered mail addressed to the Contractor’s or Subcontractor’s registered office in Pennsylvania.

From any order of the Pennsylvania Human Relations Commission, the Contractor or Subcontractor, as the case may be, shall have a right to appeal as in other cases provided by law, and the contracting agency of the State shall not act upon the recommendation of the Commission specified until the

Contractor or Subcontractor has exhausted the right of appeal provided by law, or the time for such appeal shall have expired.

SC-6.09.K Minority and Women’s Enterprise Firms (MWBE) Requirements (IF required for project): (NOT REQUIRED)

Contractor is to abide by the County of Schuylkill Plan for utilization of small, minority and women’s business enterprise requirements, as described in the Minority and Women’s Business Enterprise Plan for Schuylkill County. The County of Schuylkill has established minimum levels of participation for minority and women’s business enterprises (MBE/WBE) for each project to be used solely as a guide in determining bidder responsibility the minimum participation level for MBE and for WBE are as follows:

MBE% WBE%

Construction 5.00 3.00

SC-6.09.L Regulations of the Department of Labor and Industry:

The Contractor shall comply with the Department of Labor and Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54).

SC-6.09.M Sanitary Conveniences:

Separate sanitary conveniences complying with the regulations of the Pennsylvania Department of

Environmental Protection or other bodies having jurisdiction therewith, shall be provided for the use of the Engineer and workmen respectively, and their exclusive use strictly enforced. At the completion of the work, any temporary convenience, provided under this article, shall be removed.

SC-6.09.N Accessibility Requirements

The Contractor or any subcontractors must comply with Architectural Barriers Act of 1968 and

Section 504 of the Rehabilitation Act of 1973, PA Act 235 of 1965 as amended, Universal

Accessibility Act, and American with Disabilities Act (ADA) of 1990.

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SC-6.09.O Trade Practices Act.

In accordance with the Trade Practices Act of July 23, 1968, P.L.686( 71 P.S ' 773.101 et seq.), the

GRANTEE cannot and shall not use or permit to be used in the Work any aluminum or steel products made in a foreign country which is listed below as a foreign country which discriminates against aluminum or steel products manufactured in Pennsylvania. The countries of Argentina, Brazil, South Korea, and Spain have been found to discriminate against certain products manufactured in Pennsylvania. Therefore, the purchase or use of those countries’ products, as listed below, is not permitted:

A. Argentina: carbon steel wire rod and cold-rolled carbon steel sheet.

B. Brazil: welded carbon steel pipes and tubes; carbon steel wire rod; tool steel; certain stainless steel products, including hot-rolled stainless steel bar; stainless steel wire rod and cold-formed stainless steel bar; prestressed concrete steel wire strand; hot-rolled carbon steel plate in coil; hot-rolled steel sheet; and cold-rolled carbon steel sheet.

C. South Korea: welded carbon steel pipes and tubes; hot-rolled carbon steel plate; hot-rolled carbon steel sheet; and galvanized steel sheet.

D. Spain: certain stainless steel products, including stainless steel wire rod, hot-rolled stainless steel bars; and cold-formed stainless steel bars; prestressed concrete steel wire strand; and certain steel products, including hot-rolled steel plate, cold-rolled carbon steel plate, carbon steel structural shapes; galvanized carbon steel sheet, hot-rolled carbon steel bars, and cold-formed carbon steel bars.

Penalties for violation of the above paragraphs may be found in the Trade Practices Act, which penalties include becoming ineligible for public works contracts for a period of three years.

This provision in no way relieves the GRANTEE of responsibility to comply with those provisions of this CONTRACT which prohibit the use of foreign-made steel and cast iron products.

SC-6.09.P Public Works Contractor’s Bond Law of 1967

Prior to the award of any contract for any Work on the Project, the contractor to whom the contract is to be awarded must furnish the following bonds which shall become binding upon the award of such contract:

A. A performance bond at 100 percent of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications, and conditions of the contract. Such bond shall be solely for the protection of the contracting body which awarded said contract.

B. A payment bond at 100 percent of the contract amount. Such bond shall be solely for the protection of claimants supplying labor or materials to the GRANTEE, its contractor or to any of its subcontractors, in the prosecution of the work provided for in such contract, and shall be conditioned for the prompt payment of all such material furnished or labor supplied or performed in the prosecution of the work. “Labor or materials” shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site.

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SC-6.17 Shop Drawings and Samples

SC-6.17 Add the following new paragraphs immediately after Paragraph 6.17.E:

F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals.

Engineer will record Engineer’s 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.

G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer’s charges for its review time unless the need for such change is beyond the control of Contractor.

SC-7.04 Claims Between Contractors

SC-7.04 Add the following new paragraph immediately after paragraph GC-7.03:

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, Engineer, or the construction coordinator, then Contractor (without involving Owner, Engineer, or construction coordinator) 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 arbitration or at law.

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, fees and charges 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 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.

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 attributable thereto, Contractor

SUPPLEMENTARY CONDITIONS Page 9 of 11 Section 800 may make a Claim for an extension of times in accordance with Article 12. An extension of the Contract Times shall be Contractor’s exclusive remedy with respect to Owner, Engineer, and construction coordinator for any delay, disruption, interference, or hindrance caused by any other contractor. This paragraph does not prevent recovery from Owner, Engineer, or construction coordinator for activities that are their respective responsibilities.

SC-8.11 Evidence of Financial Arrangements

Add the following new paragraph immediately after Paragraph 8.11.A:

B. On request of Contractor prior to the execution of any Change Order involving a significant increase in the Contract Price, Owner shall furnish to Contractor reasonable evidence that adequate financial arrangements have been made by Owner to enable Owner to fulfill the increased financial obligations to be undertaken by Owner as a result of such Change

Order.

SC-9.03 Project Representative

There will be no Resident Project Representative assigned to the project. The Engineer and Owner will make periodic site reviews during construction.

SC-11.01 Cost of the Work

SC-11.01.A.5.c Delete Paragraph 11.01.A.5.c in its entirety and insert the following in its place:

c. Construction Equipment and Machinery:

1) Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of

Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.

2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the rental table from The Blue Book. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools.

SUPPLEMENTARY CONDITIONS Page 10 of 11 Section 800

SC-16.01 Methods and Procedure

SC-16.01 Delete Paragraph 16.01.C in its entirety and insert the following in its place:

C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor:

1. elects in writing to demand arbitration of the Claim, pursuant to

Paragraph SC-16.02; or

2. agrees with the other party to submit the Claim to another dispute resolution process.

SC-16.02 Add the following new paragraph immediately after Paragraph 16.01.

SC-16.02 Arbitration

A. All Claims or counterclaims, disputes, or other matters in question between Owner and

Contractor arising out of or relating to the Contract Documents or the breach thereof

(except for Claims which have been waived by the making or acceptance of final payment as provided by Paragraph 14.09) including but not limited to those not resolved under the provisions of Paragraphs SC-16.01A and 16.01.B will be decided by arbitration in accordance with the rules of [insert name of selected arbitration agency], subject to the conditions and limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction.

B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider, and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period specified in

Paragraph SC-16.01.C, and in all other cases within a reasonable time after the Claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim or other dispute or matter in question would be barred by the applicable statue of limitations.

C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including

Engineer, and Engineer’s consultants and the officers, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless:

1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and

SUPPLEMENTARY CONDITIONS Page 11 of 11 Section 800

2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings.

D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties, in writing, and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award.

E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal, subject to provisions of the

Controlling Law relating to vacating or modifying an arbitral award.

F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor.