109582_Supplementary_Conditions.pdf

PART III

WASHINGTON SUBURBAN SANITARY COMMISSION

PROCUREMENT DEPARTMENT CONTRACT NO.

1 0 9 5 8 2 /BQ8231A26

POTOMAC WATER FILTRATION PLANT(WFP)

WATER QUALITY /PFAS PILOT PROJECT

(PROGRESSIVE DESIGN-BUILD)

SUPPLEMENTARY CONDITIONS

Confidential

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement EJCDE® D-700, Standard General Conditions of the Contract Between Owner and Design-Builder (2016 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-1.01 Defined Terms

SC-1.01.A.5 Amend the first sentence in Subparagraph GC-1.01.A.5 by replacing the words, “Design-Builder and Owner and authorizes” with the words, “Owner and orders”.

SC-1.01.A.9 Amend Subparagraph GC-1.01.A.9 by adding the following sentence, “It does not include the routine operation, routine repair, or routine maintenance of any existing public facility, including structures, buildings, plants, pipelines, infrastructure, or real property.”.

SC-1.01.A.10 Amend the first sentence in Subparagraph GC-1.01.A.10 by adding the words, “, Drawings, or Plans” following the words, “Construction Drawings”. Delete the second sentence “Construction Drawings are not Contract Documents”.

SC-1.01.A.11 Delete the second sentence “Construction Specifications are not Contract Documents”.

SC-1.01.A.14 Delete Subparagraph GC-1.01.A.14 and replace with the following:

14. Contract, Design-Build Contract: The entire and integrated written contract between Owner and Design-Builder that provides for both architectural and engineering design services, construction services, start-up, testing and commissioning, operation and data collection, maintenance, demolition, site restoration, data compilation and reporting, and handover as part of a single contract.

SC-1.01.A.23 Delete Subparagraph GC-1.01.A.23 and replace with the following:

23. Engineer: The WSSC engineer assigned to a contract.

SC-1.01.A.30 Amend the first sentence in Subparagraph GC-1.01.A.30 by deleting the words “The individual or entity” and replacing them with: “The Washington Suburban Sanitary Commission, Commission, or WSSC”.

SC-1.01.A.34 Amend the first sentence in Subparagraph GC-1.01.A.34 by replacing the word, “Engineer” with the words “D-B Engineer”.

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in

SC-1.01.A.38 Amend the first sentence in Subparagraph GC-1.01.A.38 by deleting the words, “Work Change Directives,” following the word, “Change Orders,”.

SC-1.01.A.40 Amend the first sentence in Subparagraph GC-1.01.A.40 by deleting the words, “The document” and replacing with “All solicitation documents, whether attached or incorporated by reference,”.

SC-1.01.A.45 Amend the second sentence in Subparagraph GC-1.01-A.45 by adding the words, “Design-Builder’s schedule and schedule changes, per-construction, progress and post-construction photos,” following the words, “extra stock materials,”.

SC-1.01.A.54 Delete Subparagraph GC-1.01.A.54 in its entirety, and add the following Subparagraphs:

54. Amendment: Written or graphic instruments executed after opening of Proposals, which clarify, correct, or change the proposed Contract Documents, including the Conceptual Documents.

55. Approval: Written approval from the Engineer.

56. Bonds: Proposal Bond, Bid Bond, Performance Bond, Labor and Material Payment Bonds, Maintenance Bonds, and other instruments of security furnished by the Contractor and his surety in accordance with the Contract Documents.

57. Completion Stage Price: The final price, submitted by the Design- Builder to the Owner at the conclusion of the Preliminary Stage, which establishes the Design-Builder’s price for the Completion Stage. Owner can either accept the Completion Stage Price, memorializing it between the parties through execution of a Definitive Contract Modification; or reject the Completion Stage Price, take the off-ramp and terminate the Owner – Design- Builder Contract.

58. Contract Amendment: Any revision or alteration of the specific contract or its conditions, whether it is a mutually agreed upon bilateral contract modification or a unilateral change order.

59. Day: A calendar day of 24 hours lasting from midnight one day to midnight the next day.

60. D-B Engineer: The Project Design Professional identified as D-B Engineer in the Agreement, and engaged by Design-Builder to provide engineering and related professional services under a Design Agreement.

61. Definitive Contract Modification: A document which is signed by Design-Builder and Owner and authorizes the acceptance of the Design-Builder’s Completion Stage Price, as modified by any negotiations, and establishes an adjusted Contract Price or Guaranteed Maximum Price based upon the Completion Stage

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in

Price.

62. Federal Contract Provisions: Provisions which are required to be included in the Contract by the federal government.

63. Field Order: A written order to the Contractor issued during construction by the Engineer for interpretations, clarifications, directives and other instructions as to the intent of the Contract Documents.

64. Final Completion: The date, as certified by the Owner, when all Work contained in the Contract Documents has been completed, including outstanding items of Work that were not required by the Owner for the Certificate of Substantial Completion.

65. General Conditions: The Articles included in this document.

66. Guaranteed Maximum Price (GMP): The maximum price guaranteed by the Design-Builder, in association with a Cost Plus Fee payment method, for the performance of the Completion Stage Work in accordance with the Contract Documents.

67. Inspector: The authorized representative of the Owner assigned to make detailed inspection of any or all portions of the Work or materials.

68. Latent Defect: A hidden defect in the Work that reasonably careful inspection could not reveal.

69. Or Equal: A material, article, or method is specified or described by using the name of a proprietary product or name of a particular manufacturer or vendor in the Contract Documents and gives the Design-Builder an opportunity to provide an equal substitution. Materials, articles, or methods deemed equal by the Design-Builder which he proposed to incorporate into the Work shall be submitted with his Proposal in accordance with requirements set forth in the Contract Documents.

70. Rock: Any indurated material that requires drilling, wedging, blasting, or other methods of brute force to excavate.

71. Sensitive Documents: Documents and information that could reasonably be used to aid in or plan for contaminating or damaging the Owner’s system or Owner’s customers.

72. Solicitation: An Invitation for Bids, Request for Proposals, a request for quotations, an invitation for qualification, or any other document issued by the WSSC for the purposes of soliciting bids or proposals to perform a WSSC contract.

73. Standard Details: Owner’s details showing standard elements of construction, methods, and materials for use on Owner’s Contracts.

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in

74. Structure: Structural entity including but not limited to building, manhole, duct bank, tank, foundation, road, pavement, pipe conductor, substation, pumping station.

75. Subcontractor: An individual, firm, or corporation having a direct contract with the Design-Builder or with any other Subcontractor at any tier for the performance of a part of the Work at the Site.

Subcontractor shall not mean supplier.

76. Written Notice: Any notice to any party of the Contract relative to any part of the Contract in writing and considered delivered and the service thereof completed when posted by mail to the said party at his last given address, or delivered in person to said party or his authorized representative of the Project. Written Notice may include electronic notification, through Owner’s Construction Management Software, but not e-mail, if the software is referenced in the Contract Documents.

77. WSSC’s Procurement Regulations: The regulations adopted by the Owner, which became effective August 1, 2012, and any subsequent amendments.

SC-2.01 Delivery of Bonds and Evidence of Insurance

SC-2.01.B Delete in its entirety Paragraph GC-2.01.B, and replace with the following Paragraph:

B. Evidence of Insurance: Before any Work is started, Design- Builder shall deliver to the Owner those certificates of insurance that the Design-Builder and Engineer are required to purchase and maintain in accordance with Article 6.

SC-2.02 Copies of Documents

SC-2.02.A Amend the first sentence in Paragraph GC-2.02.A by replacing the word, “four” with the word, “two”.

SC-2.04 Before Starting the Work

SC-2.04.A Amend the first sentence in Paragraph GC-2.04.A by replacing the words “10 days” with the words “15 days”.

SC-2.04.A.2.a Add the following Subparagraphs immediately following Subparagraph GC- 2.04.A.2:

a. Submittal and resubmittal reviews shall be completed within 30 days of receipt from Design-Builder.

b. Design-Builder assumes all risks or error and omission in submittals.

SC-2.05 Authorized Representatives

SC-2.05.A Delete in its entirety Paragraph GC-2.05.A, and replace with the following Paragraph:

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in

A. The Authorized Representative for each party has been designated in the Agreement. A party may change its Authorized Representative at any time following written notice to the other party. The Owner may request additional information, as necessary, to qualify the Design-Builder’s replacement Representative, and reserves the right to disapprove such change. The party requesting the change shall provide name, mailing and delivery addresses, e-mail address, and telephone numbers of the new Authorized Representative.

SC-2.08 Electronic Transmittals SC-2.08.A Add the following Subparagraph immediately following Paragraph GC-2.08.A:

1. File Management: Project Files, including electronic submittals, and reviews are to be managed using WSSC’s e-Builder.

Additionally, e-Builder shall be used as the digital file cabinet/repository for the project from conception to closure and shall be updated regularly by the Design-Builder and WSSC.

Project’s files submitted by the Design-Builder shall be maintained in pdf and original file format on e-Builder. WSSC will provide the Design-Builder with access to the e-Builder project site for this Project once the contract has been finalized.

SC-2.08.B Delete Paragraph GC-2.08.B in its entirety and re-letter the subsequent Paragraphs.

SC-2.08.C Delete Paragraph GC-2.08.C in its entirety and replace with the following Paragraph:

C. Design-Builder shall be obligated to furnish documents (including but not limited to Construction Drawings, Construction Specifications, or Record Drawings and Record Specification) in its corresponding executable, native-file format, if requested by the Owner.

SC-3.01 Contract Documents

SC-3.01.A Add the following Subparagraph immediately following Paragraph GC-3.01.A:

1. In the event of any conflicts, differences, or ambiguities the broader or more stringent requirements shall govern.

SC-3.01.B Delete Paragraph GC-3.01.B in its entirety, and replace with the following Paragraph:

B. The intent of the Contract Documents is that the Design-Builder shall provide all labor, materials, tools, equipment, and transportation necessary for the proper execution of the Work in accordance with the Contract Documents and all incidental Work necessary to complete the Project in an acceptable manner, This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in ready for use, occupancy or operation by the Owner.

SC-3.03 Resolving Discrepancies SC-3.03.A-C Delete Paragraphs GC-3.03.A, GC-3.03.B, and GC-3.03.C in their entirety, and replace with the following Paragraph:

A. In resolving conflicts, errors, and discrepancies within the

Contract Documents, the Documents shall be given precedence in the following order:

1. The Owner – Design Builder Agreement (including Exhibits, Definitive Contract Modification, and other Contract Modifications)

2. Federal Contract Provisions (only if identified and incorporated in the Contract Documents)

3. WSSC Procurement Regulations

4. WSSC Codes and Regulations (Pipeline Design Manual, Plumbing and Fuel Gas Code, Development Services Code, as applicable)

5. Change Orders

6. Field Orders

7. Amendments

8. Addenda

9. Special Conditions

10. Supplementary Conditions

11. General Conditions

12. Notice to Proceed

13. Notice of Award

14. Special Provisions

15. Division 1 Specifications

16. Divisions 2 – 50 Specifications (Master Format from CSI)

17. Construction Drawings

18. WSSC Standard Details for Construction

19. WSSC Design Guidelines

20. Request for Proposal

21. Proposal Amendment

22. Design-Builder’s Proposal

23. Appendix B to the Solicitation (Insurance & Bonding

Requirements)

24. Appendix A to the Solicitation (MBE and/or SLBE requirements)

25. Appendix C to the Solicitation (Commission Forms completed by Contractor)

26. Other documents specifically enumerated in the

Agreement as part of the Contract Documents

SC-3.04 Ownership and Reuse of Documents

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in

SC-3.04.A.1 Delete in its entirety Subparagraph GC-3.04.A.1, and replace with the following Subparagraphs:

1. Design-Builder shall vest in the Owner the title to all drawings, specifications, Contract Documents, calculations, and all other data or work items produced by the Design-Builder under the Contract, and this material shall be made available to the Owner immediately upon request. The Owner retains the right to acquire originals, reproducibles, and/or prints and copies of this material to suit its needs and purposes and to distribute this material to any agencies, firms, and/or individuals.

a. Under no circumstances shall any material produced as a result of this Contract be released by the Design-Builder to entities other than the Owner’s personnel without prior knowledge and approval by the Owner.

SC-3.04.A.4 Amend the first sentence in Subparagraph GC-3.04.A.4 by deleting the words, “Upon Owner’s termination of this Contract for cause pursuant to Paragraph 15.02,”.

SC-3.04.A.5 Delete in its entirety Subparagraph GC-3.04.A.5, and replace with the following Subparagraph:

5. The documents prepared or furnished by Design-Builder under this Contract, regardless of ownership, transfer, license, completion status, or termination of the Contract, are for both the Design-Builder’s and Owner’s use. Any use or reuse by Owner or others on Owner’s behalf will be at Owner’s sole risk, and without liability or legal exposure to Design-Builder, the Project Design Professionals, or their subconsultants.

SC-3.04.A.5.a Add the following Subparagraph immediately following Subparagraph GC- 3.04.A.5:

a. Design-Builder shall furnish documents in executable, native-file format (including but not limited to Construction Drawings, Construction Specifications, Record Drawings, and Record Specifications).

SC-4.04 Owner-Initiated Schedule Adjustments

SC-4.04 Add the following Section and Paragraph immediately following Section GC-4.03 and renumber the subsequent Sections:

4.04 Owner-Initiated Schedule Adjustments

A. Owner reserves the right to accelerate or make other reasonable adjustments to the Project Construction Schedule deemed necessary in the reasonable discretion of the Owner. Unless such acceleration or adjustments are necessary due to the fault of the Design-Builder or other party for whom it is responsible, any adjustment or acceleration of the schedule by the Owner which has the

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in effect of increasing the Design-Builder’s cost of performance or time for completion shall entitle Design- Builder to an equitable adjustment to the Contract Price and/or Contract Times.

SC-4.05 Delays in Design-Builder’s Progress

SC-4.05.A Delete Paragraph GC-4.04.A in its entirety and replace with the following paragraph:

A. If Owner or anyone for whom Owner is responsible delays, disrupts, or interferes with the performance or progress of the Work, then Design-Builder shall be entitled to an equitable adjustment in the Contract Times. Unless such acceleration or adjustments are necessary due to the fault of the Design-Builder or other party for whom it is responsible, any adjustment or acceleration of the schedule by the Owner which has the effect of increasing the Design-Builder’s cost of performance or time for completion shall entitle the Design-Builder to an equitable adjustment to the Contract Price and/or Contract Times.

SC-4.05.B Add the following Paragraph immediately following Paragraph GC-4.04.A and renumber the subsequent Paragraphs:

B. No Damages for Delay: In the event the Design-Builder or any of its Engineers, designers, consultants, subcontractors, suppliers or other vendors are delayed, disrupted, and/or interfered with at any time in the prosecution of the Completion Stage Work by any act, omission, neglect, or default of the Owner or any of its agents, employees, consultants, representatives, separate contractors, or other parties for whom it may be responsible, the Design-Builder agrees that it shall not be entitled to, and shall make no claim for additional compensation, costs, losses, expenses or other form of damages of any kind for such delay, disruption and/or interference in the performance of such Work.

Among other things, the Design-Builder shall not be entitled to any compensation or costs for delays, disruptions, suspensions, extensions of time, labor productivity losses, constructive accelerations, ripple effects, cumulative impacts, overheads, profits, indirect costs, or other form of alleged damages of any nature or kind, even if not in the contemplation of the parties at the time the Contract Documents were executed. The Design Builder acknowledges that that the Completion Stage Price is full consideration for all such costs, losses, expenses and other damages. The Design-Builder agrees that any such delay, disruption or interference, and/or any claim based thereon, shall be fully compensated for by an equitable extension of the time to complete the Work. Such extension of time shall be the Design

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in

Builder’s sole remedy for such delay, disruption and/or interference.

SC-4.05.H Amend the first sentence in Subparagraph GC-4.05.H by deleting the words, “Contract Price or”.

SC-5.02 Use of Site and Other Areas

SC-5.02.A.4 Add the following Subparagraph immediately following Subparagraph GC- 5.02.A.3:

1. The Owner shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents.

This provision shall not be construed as relieving the Design- Builder of the sole responsibility for the care and protection of the Work or the restoration of any damaged Work, except such as may be caused by agents or employees of the Owner.

SC-5.04 Differing Site Conditions

SC-5.04.A Add the following new Subparagraphs immediately after Paragraph 5.04.A:

1. The following reports of explorations and tests of subsurface conditions at or adjacent to the Site are known to Owner:

a. Geotechnical Data Report (GDR), dated April 27, 2018.

SC-5.04.B Amend Paragraph GC-4.05.B by deleting the first sentence in its entirety and replacing with the sentence, “Upon receiving notice, Owner reserves the right to promptly investigate the Site conditions, or delegate subsequent Site investigations to the Design-Builder.”.

SC-5.04.C Add the following Paragraph immediately following Paragraph GC-5.04.B and renumber the subsequent Paragraphs:

C. The provisions of 5.04 shall not apply to rock and/or water conditions that may be encountered during the construction of this Project.

SC-5.05 Underground Facilities

SC-5.05.C Delete in its entirety Paragraph GC-5.05.C and replace with the following Paragraph and Subparagraph:

C. Results of Design-Builder’s Execution of Underground Facilities Procedure: If, during the execution of the Underground Facilities Procedure referred to in Paragraph 5.05.A, the Design-Builder identifies an Underground Facility that was not shown or indicated in the Underground Facilities Data, or was not shown or indicated with reasonable accuracy, causing an increase or decrease in the Design-Builder’s time required for providing Design Professional Services or performing the Construction, then Design-Builder shall submit to Owner a request for a Change Order seeking an equitable adjustment to the Contract Times

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in under this clause. Such request shall be made within 30 days of the identification of the Underground Facility in question.

1. Design-Builder shall be responsible for developing a comprehensive Underground Facilities Procedure.

Design-Builder shall not be entitled to an adjustment to the Contract Price resulting from the identification of an Underground Facility that was not shown or indicated in the Underground Facilities Data, or was not shown or indicated with reasonable accuracy.

SC-5.06 Hazardous Environmental Conditions at Site

SC-5.06.A Delete Paragraph 5.06.A in its entirety and insert the following in its place:

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

SC-5.06.G Delete Paragraph GC-5.06.G in its entirety and renumber the subsequent Paragraph.

SC-6.01 Performance, Payment, and Other Bonds

SC-6.01.A Amend the first sentence in Paragraph GC-6.01.A by replacing the words, “furnish a performance bond and a payment bond, each in an amount at least equal to” with the words, “within the time specified in the Contract Documents provide the Owner with a Performance Bond, a Labor and Material Payment Bond, Letter of Intent to Issue Maintenance Bond in penal sum equal to 100 percent of”.

SC-6.01.A.1 Add the following Subparagraphs immediately following Paragraph GC-6.01.A:

1. Maintenance Bond in accordance with Paragraph 6.01.A shall guarantee all materials and equipment furnished and Work performed for a period of 1 year from the date(s) of substantial completion, except that (1) those items listed as exceptions on the certificate(s) of substantial completion shall be so guaranteed for a period of 1 year from the date of Final Completion and (2) those items where longer guarantee provisions are required. The Design-Builder warrants and guarantees that the completed Work is free from all defects due to faulty materials, equipment, and workmanship. This shall include but not necessarily be limited to the following.

a. Against all faulty or imperfect materials and equipment, subsidence of backfills, fills and embankments, vegetation stabilization, and against all imperfect, careless and/or unskilled workmanship.

b. That the Work performed under this Contract, including all mechanical and electrical equipment, and appurtenances, and each and every part thereof, shall

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in operate, with proper care and maintenance, in a satisfactory and efficient manner in accordance with the requirements of these Contract Documents. Where manufacturer's equipment warranty(s) are required elsewhere herein, said equipment warranty shall name the Owner as a beneficiary, and the Design-Builder shall furnish the Owner with a copy of the manufacturer's equipment warranty.

c. That the structures shall be watertight and leak-proof at every point and in every joint.

d. No use or acceptance by the Owner of the Work or any part thereof, nor any failure to use same, nor any repairs, adjustments, replacements, or corrections made by the Owner due to the Design-Builder’s failure to comply with any of his obligations under the Contract Documents, or other corrections made by the Owner shall impair in any way the guarantee obligations assumed by the Design- Builder under these Contract Documents.

The Design-Builder shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the Work resulting from such defects and agrees to replace with proper workmanship, materials, equipment, and re-execute, correct or repair without cost to the Owner, any Work which may be found to be improper or imperfect and/or which does not operate in a satisfactory manner and fails to perform as specified, or in any other way does not conform to the Contract Documents, unless such damage is the direct result of negligence on the part of Owner personnel, or fair wear and tear. The Owner will give notice of observed defects with reasonable promptness. In the event that the Design-Builder fails to make such repairs, adjustments or other Work that may be made necessary by such defects, the Owner may do so and charge the Design-Builder the cost thereby incurred.

Should the Contract Price be increased by 25 percent or more before Final Acceptance, the amount of the Maintenance Bond shall be increased accordingly.

SC-6.01.B Delete the first sentence in Paragraph GC-6.01.B and replace with the following sentence, “All bonds shall be in the form prescribed by the Contract.”

SC-6.01.D Amend the first sentence in Paragraph GC-6.01.D by replacing the word, “Engineer” with the words “D-B Engineer”.

SC.6.02 Insurance – General Provisions

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in

SC-6.02.A Amend the first sentence in Paragraph GC-6.02.A by deleting the words, “Owner and”.

SC-6.02.B Amend the first sentence in Paragraph GC-6.02.B by deleting the words, “Owner or”.

SC-6.02.E Amend the first sentence in Paragraph GC-6.02.E by replacing the word, “Engineer” with the words “D-B Engineer”.

SC-6.02.G Delete in its entirety Paragraph GC-6.02.G and renumber the subsequent Paragraph.

SC-6.02.G Amend Paragraph GC-6.02.G to read as follows:

G. Failure of Owner to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance.

SC-6.02.H Amend Paragraph GC-6.02.H to read as follows:

H. If the Design-Builder does not purchase or maintain all of the insurance required by the Contract, Design-Builder shall notify the Owner in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.

SC-6.02.J Amend Paragraph GC-6.02.J to read as follows:

J. Without prejudice to any other right or remedy, if the Design- Builder has failed to obtain required insurance, the Owner may elect to obtain equivalent insurance to protect the Owner’s interests at the expense of the Design-Builder who was required to provide such coverage, and the Contract Price shall be adjusted accordingly.

SC-6.02.K Delete Paragraph GC-6.02.K in its entirety and renumber the subsequent Paragraph.

SC-6.03 Design-Builder’s Insurance

SC-6.03 Add the following new paragraph immediately after Paragraph 6.03.J:

K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts, or greater where required by Laws and Regulations:

1. Workers’ Compensation, and related coverages under Paragraph 6.03.A of the General Conditions:

State: Statutory

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in

Federal, if applicable (e.g., Longshoreman’s): Statutory

Jones Act coverage, if applicable:

Bodily injury by accident, each accident $

Bodily injury by disease, aggregate $

Employer’s Liability:

Bodily injury, each accident $ 500,000

Bodily injury by disease, each employee $ 500,000

Bodily injury/disease aggregate $ 500,000

For work performed in monopolistic states, stop-gap liability coverage shall be endorsed to either the worker’s compensation or commercial general liability policy with a minimum limit of:

Not applicable

Foreign voluntary worker compensation

Statutory

2. Design-Builder’s Commercial General Liability under

Paragraphs 6.03.B and 6.03.C of the General Conditions:

General Aggregate $ 2,000,000

Products - Completed Operations Aggregate $ 2,000,000

Personal and Advertising Injury $ 1,000,000

Each Occurrence (Bodily Injury and Property Damage)

3. Automobile Liability under Paragraph 6.03.E. of the

General Conditions:

Bodily Injury:

Each person $

Each accident $

Property Damage:

Each accident $

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in

[or]

Combined Single Limit of $ 1,000,000

4. Excess or Umbrella Liability:

Per Occurrence $ 1,000,000 General Aggregate $ 1,000,000

[See Paragraph 6.03.F of the General Conditions.]

[If Owner revises the standard terms by deleting the requirement that Design-Builder furnish Excess or Umbrella liability insurance, then Owner should consider requiring (in SC-6.03.K.2) that “The aggregate limits under SC-6.03.K.2 (Commercial General Liability) be maintained fully available for this Contract by obtaining and maintaining a Designated Construction Project General Aggregate Limit endorsement, or equivalent.”]

[Note that GC-6.03.F allows Design-Builder to combine policy limits in underlying policies such as commercial liability insurance with the policy limit of the umbrella or excess liability policy. This is a common practice that allows the Design-Builder flexibility in its insurance program. If on a specific project Owner wishes to withdraw this option, so indicate here in SC-6.03 with a provision that deletes the third sentence of GC-6.03.F.]

5. Contractor’s Pollution Liability under Paragraph 6.03.G of the General Conditions:

Each Occurrence $ 1,000,000 General Aggregate $ 1,000,000

If box is checked, Design-Builder is not required to provide Contractor’s Pollution Liability insurance under this Contract.

[On some projects, the Owner may conclude that it is not cost-effective or necessary to require the Design-Builder to carry Contractor’s Pollution Liability insurance, based on the type of work to be performed or knowledge of conditions at the Site. In such cases, check the box above and either delete the “Each Occurrence” and “General Aggregate” line items, or indicate “N.A.” or “Not applicable” in the blanks. Also consider whether select subcontractors should be exempted from carrying Contractor’s Pollution Liability insurance, and if so indicate the exemption either here in SC-6.03, or in SC-6.02—see note concerning

GC-6.02.E.]

6. Additional Insureds: In addition to Owner, include as additional insureds the following: [Here list by name (not category, role, or classification) other persons or entities to be included on the commercial general liability, automobile liability, umbrella or excess, and pollution

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in liability policies as additional insureds. For each such entity, indicate the entity by their full legal/contractual name and business address; where known, indicating associated contact personnel may be appropriate.]

7. Design-Builder’s Professional Liability:

Each Claim $ 1,000,000 Annual Aggregate $ 1,000,000

[See Paragraph GC-6.03.I.]

SC-6.04 Owner’s Liability Insurance

SC-6.04 Delete in its entirety Section GC-6.04 and renumber the subsequent Sections.

SC-6.05 Property Insurance

SC-6.05.A Amend Paragraph GC-6.05.A to read as follows:

A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against the Owner or any insureds thereunder, or against any Project Design Professional or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Design-Builder waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Construction. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Design-Builder as trustee or fiduciary, or otherwise payable under any policy so issued.

SC-6.06 Waiver of Rights

SC-6.06.A Amend Paragraph GC-6.06.A by adding the words, “the Owner or” after the following text: “the insurers will have no rights of recovery against”; and Amend Paragraph GC-6.06.A by deleting the words, “; and, in addition, waive all such rights against the Project Design Professionals, their consultants, all Construction Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused.”

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in

SC-6.06.B.1 Delete Subparagraph GC-6.06.B.1 in its entirety and renumber the subsequent Subparagraphs.

SC-6.06.C Delete Paragraph GC-6.06.C in its entirety and renumber the subsequent Paragraph.

SC-7.03 Supervision and Superintendence of Construction SC-7.03.B Amend Paragraph GC-7.03.B by adding the words, “The resident superintendent shall be able to communicate in fluent English. The resident superintendent shall have full authority to act on behalf of the Design-Builder and all communications given to the resident superintendent shall be as binding as if given to the Design-Builder. The resident superintendent shall be present on the site at all times when the Work is in progress as required to perform adequate supervision and coordination of the Work as determined by the Owner.

The resident superintendent shall have a thorough understanding of the Contract Documents and shall have previous experience in the type of Work being performed.” following the first sentence.

SC-7.05 Services, Materials, and Equipment

SC-7.05.A Amend the sentence in Paragraph GC-7.05.A by replacing the words, “temporary facilities” with the words, “temporary construction of any nature”.

SC-7.05.B Amend the first sentence in Paragraph GC-7.05.B by adding the words, “manufactured articles,” immediately following the word, “All”.

SC-7.05.C Amend Paragraph GC-7.05.C to read as follows:

C. All manufactured articles, materials, and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, and as approved by the Owner, except as otherwise provided in the Contract Documents.

SC-7.05.C.1 Add the following Subparagraph immediately following Paragraph GC-7.05.C:

1. Materials and equipment shall be stored to ensure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the Work shall be located in an environmentally suitable location, subject to manufacturer’s recommendations for storage; storage shall facilitate prompt and safe inspection. Temporary fence shall be provided, when required. All written instructions and recommendations of the manufacturer and requirements of the Owner for lubrication, protection, and maintenance of equipment shall be performed during storage, installation, and until it is accepted as substantially complete by the Owner.

Materials and equipment damaged including those damaged internally from moisture, improper storage or otherwise shall be

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in replaced or repaired as directed by the Owner at no additional cost to the Owner.

SC-7.05.D Add the following Paragraphs immediately following Subparagraph GC-7.05.C.1:

D. Deliveries of material, equipment, and supplies to the Design- Builder or Subcontractors at the contract site shall be specifically addressed to the Design-Builder or Subcontractor and not to the Owner. Owner personnel will not accept deliveries for the Design-Builder or Subcontractors.

E. Materials, supplies, and equipment shall be in accordance with samples, drawings, and catalog cuts submitted by the Design- Builder and approved by the Owner and shall not be delivered to the Work site prior to the Owner's approval of samples and Design-Builder's submittals in accordance with Article 13.02.

SC-7.07 Concerning Project Design Professionals, Construction Subcontractors, Suppliers, and Others

SC-7.07.C Amend the first sentence in Paragraph GC-7.07.C to read as follows, “Prior to entry into any binding Design Agreement, Construction Subcontract, or purchase order, Design-Builder shall submit to Owner the identity via a written statement giving name and address and work that is to be performed and/or furnished by the proposed Project Design Professional, Construction Subcontractor, or Supplier (unless Owner has already deemed such proposed contractual party acceptable, during the bidding process or otherwise).”.

SC-7.07.C.1 Add the following Subparagraph immediately following Paragraph GC-7.07.C:

1. No substitution for any Subcontractor, manufacturer or supplier, person or entity previously selected by the Design-Builder shall be made without written notification to the Owner.

SC-7.07.D Add the following Paragraphs and Subparagraph immediately following Subparagraph GC-7.07.C.1 and renumber the subsequent Paragraphs:

D. The Owner will require all Design-Builders to report Subcontractor/supplier payments on a monthly basis utilizing the Owner’s Web-Based Compliance System. The Design-Builder shall enter all payment information within 30 days of receipt of payment from the Owner until final payment, and the Subcontractor(s)/supplier(s) shall validate payment received within 30 days of receipt of payment from the Design-Builder until final payment. Instructions on entering data are located on the Owner’s website at:

https://www.wsscwater.com/smallandminoritybusiness

1. Questions concerning the Web-Based Compliance System shall be directed to the Office of Supplier Diversity & Inclusion (ODSI) at 301-206-8800 or email at

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in wsscwebcompliance@wsscwater.com.

E. Failure to report payments on the Web-Based Compliance System, as described above, will result in delay in payment(s).

Final payment may not be made until all Subcontractor payment(s) are reported and verified.

F. Failure to comply with the requirements herein will be considered in the evaluation of the Design-Builder’s responsibility in performing future contracts.

G. No additional compensation will be allowed for a company not meeting the requirements of this section.

SC-7.07.F Amend the first sentence in Paragraph GC-7.07.F by replacing the word, “Engineer” with the words “D-B Engineer”.

SC-7.07.G Add the following Paragraph immediately following Paragraph GC-7.07.G and renumber the subsequent Paragraph:

G. Owner reserves the right to retain the services of the Engineer following termination of Contract with Design-Builder.

SC-7.08 Patent Fees and Royalties

SC-7.08.C Delete in its entirety Paragraph GC-7.08.C.

SC-7.09 Permits and Utility Charges

SC-7.09 Delete in its entirety Section GC-7.09 and replace with the following Section:

7.09 Permits and Utility Charges

A. Unless otherwise specified, permits, licenses, and easements for permanent structures and permanent modifications to existing facilities will be secured and paid for by the Design-Builder. The Contract Documents allocate responsibility for obtaining and paying for specified permits, licenses, certificates of occupancy, and approvals of governmental authorities having jurisdiction over the Work. Each party shall assist the other, when necessary, in obtaining such permits, licenses, certificates, and approvals.

1. For electrical Work, permits for permanent structures, and permanent modifications to existing facilities are not required. Permits for electrical Work of a temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Design-Builder.

2. Plumbing or gas fitting of a temporary or permanent nature on a structure or modifications to a structure shall be performed in accordance with The Plumbing and Gas fitting Regulations of the Washington Suburban Sanitary District. The plumbing permit shall be secured by the Design-Builder, and will be issued by the Owner for no fee.

mailto:wsscwebcompliance@wsscwater.com

This document is a MODIFIED version of EJCDC® D-800, Guide to the Preparation of the Supplementary Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in

B. Should any permit, license or certificate, expire, be revoked, terminated or suspended as a result of any action on the part of the Design-Builder, he shall not be entitled to any additional compensation, neither will he be entitled to an extension of the Contract Time.

C. Permits obtained by the Owner for this Project are listed on the Drawings and specific requirements contained in these permits that are not covered elsewhere in the Standard Specifications and on the Drawings but are the responsibility of the Design- Builder will be included in the Contract Documents. A copy of the permits will be available for inspection from the Owner.

SC-7.10 Taxes SC-7.10.A Delete in its entirety Paragraph GC-7.10.A and replace with the following

Paragraph:

A. Design-Builder shall pay all sales, consumer, use, and other similar taxes required by the law of the place where the Work is performed. Pursuant to Maryland Code, Tax-General, § 11- 210(b)(3), sales and uses taxes may not apply to certain purchases made by the Design-Builder. The Design-Builder is solely responsible for determining whether or not a sales or use tax exemption is applicable. The Owner is prohibited by Maryland law from providing any sales tax exemption certificate to the Design-Builder.

SC-7.13 Safety and Protection

SC-7.13.B Amend the first sentence in Paragraph GC-7.13.B by replacing the words, “Laws and Regulations” with the words, “laws, ordinances, rules, regulations, and orders of any public body having jurisdiction”.

SC-7.13.C Add the following Paragraph immediately following Paragraph GC-7.13.B and renumber the subsequent Paragraphs:

C. In case of suspension of Work for any cause, the Design-Builder shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Work, all material or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, provide for proper drainage, provide temporary heat, light, and other required utilities and services, and shall erect any necessary temporary structures, signs, or other facilities at his expense.