2023-4600 SEC 500A Supplementary Conditions.pdf

Bidding Requirements, Contract Forms & Conditions of the Contract Supplementary Conditions Section 500-A

500-A SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement Section 700 – Standard General Conditions of the Construction Contract prepared by the Engineers Joint Contract Documents Council (EJCDC C-700, 2007 edition) and other provisions of the Contract Documents as indicated below. All provisions which are not amended or supplemented in these Supplementary Conditions 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.

SC-1.01 Make the following modifications to 1.01 Defined Terms

A. Delete Paragraph 1.01 A. 5 entirely and insert the following in its place:

“5. Bid - The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and schedule for the Work to be performed.”

B. Add a new paragraph 1.01 A. 52:

“52.Written Amendment – A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or nontechnical rather than strictly construction-related aspects of the Contract Documents.”

SC-1.02 Make the following modifications to 1.02 Terminology

A. Add a new paragraph “B.2” as follows:

2. “At no additional cost to Owner", "With no extra compensation to Contractor", "At Contractor's own expense", or similar words mean that the Contractor will perform or provide specified Work and that all cost for performing the Work is included in the Contract Price.”

B. Delete Paragraph C. Add the following:

“C. Day

1. A “calendar day” shall be a day of twenty-four hours measured from midnight to the next midnight, and is any day of the year, with no days being excluded. If not otherwise specified in contract documents “day” shall mean calendar day.

2. A “working day” shall be a day which permits construction of the principal units of the work for a period of not less than seven hours between 7:00 a.m.

and 6:00 p.m. Working days do not include days on which weather or other conditions not under the control of the Contractor prevent Contractor from working the seven hours defining a working day. Working days do not include Sundays or any of the following holidays: New Year, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving and Christmas Eve and Christmas Day.”

C. Add new paragraphs “E.5 and E.6” as follows:

“5. Specifications are written in modified brief style. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated.

6. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish", "install", "provide", or similar words include the meaning of the phrase "The Contractor shall..." before these words.”

SC-2.02 Make the following modifications to 2.02 Copies of Documents

A. Amend the first sentence of paragraph GC-2.02 A. by deleting “ten” and inserting “two.”

SC-2.05 Make the following modifications to 2.05 Before Starting Construction

A. Add the following new paragraphs immediately after paragraph 2.05

“B. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. Within 3 calendar days, Contractor shall report in writing to the Owner any conflict, error, ambiguity or discrepancy which the Contractor may discover and shall obtain a written interpretation from the Engineer before proceeding with any work affected thereby. In the event of a conflict in the Drawings, Specifications, or other portions of the Contract Document which were not reported prior to the Award of the Contract, the Contractor shall be deemed to have included the most expensive item in their bid.

SC-3.01 Make the following modifications to 3.01 Intent

A. Add the following to 3.01.A

“Drawings and specifications do not indicate or describe all of the work required to complete the project. Additional details required for the correct installation of selected products are to be provided by the Contractor. Provide any work, materials or equipment required for a complete and functional system even if they are not detailed or specified.”

1. The contract requirements described in the General Conditions, Supplementary Conditions and General Requirements apply to each and all specification sections unless specifically noted otherwise.

2. Organization of Contract Documents is not intended to control or to lessen the responsibility of the Contractor when dividing work among Subcontractors, or to establish the extent of work to be performed by any trade, Subcontractor or Supplier. Specifications or details do not need to be indicated or specified in each specification or drawing. Items shown in the contract documents are applicable regardless of location in the Contract Documents.

3. Standard paragraph titles and other identifications of subject matter in the specifications are intended to aid in locating and recognizing various requirements of the specifications. Titles do not define, limit, or otherwise restrict specification text.”

B. Add new paragraphs “D - F” as follows:

“D. Contractor must comply with the most stringent requirements where compliance with two or more standards is specified, and contract documents establish different or conflicting requirements for minimum quantities or quality levels, unless Contract Documents indicate otherwise.

1. Quantity or quality level shown or indicated shall be the minimum to be provided or performed in every instance.

2. Actual installation must meet or exceed the minimum quality indicated.

3. In complying with these requirements, indicated numeric values are minimum or maximum values, as noted, or appropriate for context of requirements.

4. Refer instances of uncertainty to the Engineer for a decision before proceeding.

E. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the drawings but are not included in the specifications.

F. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only Change Order, or Written Amendment.”

SC-3.02 Make the following modifications to 3.02 Reference Standards

A. Add a new paragraph “B” as follows:

“B. Contractor must comply with applicable construction industry standards as if such standards are included into the Contract Documents regardless of lack of reference in the Contract Documents. Apply provisions of the Contract Documents where Contract Documents include more stringent requirements than these referenced standards.

1. Standards referenced directly in the Contract Documents take precedence over standards that are not referenced but recognized in the construction industry as applicable.

2. Comply with standards not referenced but recognized in the construction industry as applicable for performance of the work except as otherwise limited by the Contract Documents. The Engineer determines whether code or standard is applicable, or which of several are applicable.

3. Make copies of reference standards available as requested by Owner.”

SC-3.03 Make the following modifications to 3.03 Reporting and Resolving Discrepancies

A. Delete Paragraph 3.03.A.3 entirely and insert the following in its place:

3. “In the event of a conflict in the Drawings, Specifications, or other portions of the Contract Documents which were not reported prior to the Bidding of the Contract, the Contractor shall be deemed to have included the most expensive item, system, procedure, etc. in its Bid.”

SC-3.05 Make the following modifications to 3.05 Reuse of Documents

A. Delete the last sentence of 3.05 B entirely and insert the following in its place:

“Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes, unless specifically prohibited in writing by the Owner for security reasons. If the Owner so directs, Contractor shall surrender all copies of the construction contract documents and other related documents, in paper or digital format and remove these documents from computer equipment or storage devices as a condition of final payment.”

SC-3.06 Make the following modifications to 3.06 Electronic Data

A. Delete Paragraph 3.06.B entirely.

SC-4.01 Make the following modifications to 4.01 Availability of Lands

A. Add the following to Paragraphs 4.01.C:

“A copy of the written agreements for the use of such land shall be provided to the Owner for record purposes.”

SC-4.03 Make the following modifications to 4.03 Differing Subsurface or Physical Conditions

A. Amend paragraph 4.03 A. by deleting “promptly” and inserting “promptly but no later than within three (3) calendar days.”

B. Add the following new Paragraph immediately after Paragraph 4.03.B:

"If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order may be issued to reflect and document such consequences. An equitable adjustment may be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefore as provided in Paragraph 10.05.”

SC-4.04 Make the following modifications to 4.04 Underground Facilities

A. Amend paragraph 4.04.B.1. by deleting “promptly” and inserting “promptly but no later than within three (3) calendar days.”

SC-4.06 Make the following modifications to 4.06 Hazardous Environmental Conditions at Site

A. 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. Delete Paragraphs 4.06.G. entirely.

D. Delete Paragraphs 4.06.H. entirely and insert the following in its place:

“H. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS,

CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER AND

ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS,

EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS OF

EACH AND ANY OF THEM FROM AND AGAINST ALL CLAIMS, COSTS,

LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES

AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER

PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER

DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO A

HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR

OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. NOTHING

IN THIS PARAGRAPH 4.06.H SHALL OBLIGATE CONTRACTOR TO

INDEMNIFY ANY INDIVIDUAL OR ENTITY FROM AND AGAINST THE

CONSEQUENCES OF THAT INDIVIDUAL’S OR ENTITY’S OWN

NEGLIGENCE.”

SC-5.01 Make the following modifications to 5.01 Performance, Payment and Other Bonds

A. Add the following to Paragraph 5.01.C.”

“Failure of the Contractor to provide a satisfactory replacement bond may be considered an event of default under Article 15, Paragraph 15.02.”

B. Add new paragraphs immediately after paragraph 5.01C

“D. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond or payment bond. By Contractor furnishing and Owner accepting these bonds, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor under these bonds, subject to Owner’s priority to use the funds for the completion of the Work.

E. Contractor or surety on behalf of Contractor shall notify the Owner within 3 calendar days of all claims filed against the Payment Bond. When a claimant has satisfied the conditions prescribed by Texas Government Code 2253, the Contractor or surety on behalf of Contractor shall, with reasonable promptness, notify the claimant and Owner of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Contractor or surety on behalf of Contractor shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Contractor or surety on behalf of Contractor to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Contractor or surety as to such claim or otherwise constitute a waiver of the Contractor’s or surety’s defenses to, or right to dispute, such claim.“

F. Owner shall not be liable for payment of any costs or expenses of any claimant under Payment Bonds, and shall have no obligations to make payments to, give notices on behalf of, or otherwise have obligations to claimants under Payment Bonds.”

SC-5.02 Make the following modifications to 5.02 Licensed Sureties and Insurers

A. Add a new paragraph “B.” as follows:

“B. Insurance companies providing insurance required by Contract Documents shall have a minimum rating of A-VIII according to A.M. Best Company.”

SC-5.03 Make the following modifications to 5.03 Certificates of Insurance

A. Delete Paragraph 5.03.B entirely.

SC-5.04 The following additional information is provided as required by Paragraph 5.04 Contractor’s Liability Insurance

A. Worker’s Compensation and Employer’s Liability Insurance required by Paragraph

5.04. is to provide coverage for not less than the following amounts or greater where required by Laws and Regulations.

Workers' Compensation, etc.,

1) State: Statutory

2) Applicable Federal (e.g., Longshore) Statutory Employers' Liability

1) Bodily Injury by Accident $500,000

2) Bodily Injury by Disease - Each Employee $500,000

3) Bodily Injury by Disease - Policy Limit $500,000

Insurance shall include a waiver of subrogation in favor of the Owner and Additional Insured identified in Paragraph SC-5.04 E.

B. Contractor's Liability Insurance required by Paragraph 5.04 is to provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

Insurance for Claims of Damages

1) Comprehensive General Liability (Except

Products - Completed Operations) $2,000,000 / Occurrence $2,000,000 / Aggregate

2) Products - Completed Operations $1,000,000 / Occurrence $2,000,000 / Aggregate

3) Personal and Advertising Injury (One Person/Organization) $1,000,000

4) Each Occurrence (Bodily Injury and Property Damage) $1,000,000

5) Limit Per Person - Medical Expense $10,000

6) Personal Injury Liability coverage will include claims arising out of Employment Practices Liability, limited to coverage provided under standard contract.

$1,000,000

7) Property Damage Liability insurance will provide explosion, collapse and underground coverage where applicable

$1,000,000

C. Contractor's Automobile Liability Insurance required by Paragraph 5.04.A.6 is to provide coverage for not less than the following amounts or greater where required by Laws and Regulations.

Bodily Injury:

1) Each Person $1,000,000

2) Each Accident $1,000,000

Property Damage:

1) Each Accident, or $1,000,000

2) Combined Single Limit (Bodily Injury and Property

Damage) $1,000,000

D. Additional insured on all insurance policies, except for Worker’s Compensation, in accordance with Paragraph 5.04 B include:

Comal County, Texas, including its elected officials, officers, and employees

E. Contractor’s Contractual Liability Insurance required by Paragraph 5.04.B is to provide coverage for not less than the following amounts or greater where required by Laws and Regulations.

Contractor’s Contractual Liability Insurance

1) General Aggregate $1,000,000

2) Each Occurrence (Bodily Injury and Property Damage) $1,000,000

SC-5.06 Make the following modifications to 5.06 Property Insurance

A. Delete Paragraph 5.06.A entirely.

B. Amend paragraph 5.06.A.4 by inserting the following language after the word “Work” in the second line:

“and in transit for incorporation in the Work from such storage locations”

C. Delete Paragraph 5.06.B entirely and insert the following in its place:

“B. Contractor shall purchase and maintain insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of those listed as an insured or listed as an additional insured in Paragraph SC 5.04 E.”

D. Delete Paragraph 5.06.D entirely.

E. Delete Paragraph 5.06.E entirely.

SC-5.07 Make the following modifications to 5.07 Waiver of Rights

A. Delete Paragraph 5.07.B entirely.

SC-5.11 Make the following modifications to ARTICLE 5 – BONDS AND INSURANCE

A. Add a new paragraph “5.11” as follows:

“5.11 Owner’s Insurance for Project

A. Owner shall not be responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Contractor shall determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from or connected with operations under this contract whether or not said losses are covered by insurance. The acceptance of certificates or other evidence of insurance by the Owner, Engineer, and/or others listed as additional insured in Paragraph SC-

5.04 E that in any respect do not comply with the Contract requirements does not release the Contractor from compliance herewith.”

SC-6.05 Make the following modifications to 6.05 Substitutes and “Or-equals”

A. Delete paragraph 6.05 A. and insert the following in its place:

“A. Where equipment and products are specified by name, no substitutes or “or-equal” will be considered or approved unless the term “or-equal” is included in the individual Specification. If substitutes or “or equals” are specifically permitted for consideration by the individual Specifications, they must be submitted and will be reviewed and evaluated in accordance with the provisions established in Paragraph 6.05 and in the General Requirements of the Specifications.”

Subparagraphs 605.A.1 and 605.A.2 remain intact.

B. Amend paragraph 6.05 C. by deleting the third sentence.

C. Amend paragraph 6.05 C. by deleting the fourth sentence and inserting the following in its place:

“No “or-equal” or substitute will be ordered, installed or utilized without written authorization from OWNER.”

D. Amend paragraph 6.05 E. by deleting the word “substitute” in all locations and replacing it with the phrase “substitute or “or-equal””.

SC-6.06 Make the following modifications to 6.06 Concerning Subcontractors, Suppliers and Others

A. Amend paragraph 6.06 B. by deleting the words “Supplementary Conditions” and inserting the words “Contract Documents” it their place.

SC-6.07 Make the following modifications to 6.07 Patent Fees and Royalties

A. Delete Paragraphs 6.07.B. entirely.

B. Delete Paragraphs 6.07.C. entirely and insert the following in its place:

“C. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS,

CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER, AND

THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES,

AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY

OF THEM FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND

DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES

OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER

PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER

DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO ANY

INFRINGEMENT OF PATENT RIGHTS OR COPYRIGHTS INCIDENT TO THE

USE IN THE PERFORMANCE OF THE WORK OR RESULTING FROM THE

INCORPORATION IN THE WORK OF ANY INVENTION, DESIGN, PROCESS,

PRODUCT, OR DEVICE NOT SPECIFIED IN THE CONTRACT DOCUMENTS.”

SC-6.08 Make the following modifications to 6.08 Permits:

A. Amend paragraph 6.08 A by deleting the fourth sentence and inserting the following in its place:

“Contractor shall pay all charges of utility owners for connections to the Work, and Owner shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees.”

SC-6.09 Make the following modifications to 6.09 Laws and Regulations

A. Delete paragraph 6.09 B. and insert the following in its place:

“B. If Contractor performs any Work that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work.”

B. Add a new paragraph “D” as follows:

“D. All Bidders are required to complete and submit with their Bid the Vendor Compliance to House Bill 620, included in the Bid Documents.”

C. Add a new paragraph “E” as follows. Definitions included in this paragraph pertain only to this paragraph which is included verbatim as a statutory requirement of the State of Texas. The paragraph is to read as follows:

“E. Workers Compensation Statement for Building or Construction Projects for Government entities in Texas

A. Definitions:

Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the project.

Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project ("Subcontractor" in 406.096) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project.

"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project.

C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity:

(1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

(2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to:

(1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;

(2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

(3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(4) obtain from each other person with whom it contracts, and provide to the Contractor:

(a) a certificate of coverage, prior to the other person beginning work on the project; and

(b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

(7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.

J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.”

SC-6.10 Make the following modifications to 6.10 Taxes

A. Add the following to Paragraph 6.10.A.

“The Owner qualifies as an exempt agency as defined by the statutes of the State of Texas. The Contractor shall comply with all statutes and rulings of the State Comptroller.”

SC-6.11 Make the following modifications to 6.11 Use of Site and Other Areas

A. Delete Paragraphs 6.11.A.3 entirely and insert the following in its place:

“3. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS,

CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER, AND

THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES,

AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY

OF THEM FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND

DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES

OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER

PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER

DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO ANY

CLAIM OR ACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH

OWNER OR OCCUPANT AGAINST OWNER, , OR ANY OTHER PARTY

INDEMNIFIED HEREUNDER TO THE EXTENT CAUSED BY OR BASED

UPON CONTRACTOR’S PERFORMANCE OF THE WORK.

SC-6.13 Make the following modifications to 6.16 Safety and Protection

B. Add the following to Paragraph 6.13.F.

“The Contractor’s duties and responsibilities for the safety or protection of persons or the Work or property at the Site or adjacent thereto shall be reinstated when any additional efforts are required during the one year correction period to correct defects in the Work.”

SC-6.16 Make the following modifications to 6.16 Emergencies

A. Delete paragraph 6.16.A. entirely and insert the following in its place:

“A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Owner prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Owner determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued.”

SC-6.17 Make the following modifications to 6.17 Shop Drawings and Samples

A. Delete paragraph 6.17.C.3. entirely and insert the following in its place:

“3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents on a Shop Drawing Deviation Request form provided by the Engineer and request Change Order be issued for each of the specific variations submitted for approval. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation.”

B. Delete paragraph 6.17.D.3. entirely and insert the following in its place:

“3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation issuing a Field Order or Change Order. If the proposed modification is approved by the Engineer, the submittal will be considered to be in strict compliance with the Contract Documents and it will be reviewed in accordance with the Contract Documents.

If the proposed Modification is not approved, the submittal will be returned to the Contractor with appropriate comments. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1.”

C. Delete paragraph 6.17 E.1. entirely and insert the following in its place:

“1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Re-submittals shall reference and respond directly to Engineer’s previous comments. Any variations from strict compliance with the Contract Documents will be identified in the same manner as required in paragraph 6.17.C.3 and will require the same approvals.”

D. 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 two 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-6.18 Make the following modifications to 6.18 Continuing the Work

A. Add the following to paragraph 6.18.A.

“Contractor assumes and bears responsibility for all costs and time delays associated with any variation from the requirements of the Contract Documents.”

SC-6.20 Make the following modifications to 6.20 Indemnification

A. Delete paragraph 6.20.A entirely and insert the following in its place:

“A. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS,

CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER AND

ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS,

EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF

EACH AND ANY OF THEM FROM AND AGAINST ALL CLAIMS, COSTS,

LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES

AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER

PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER

DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE

PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH CLAIM,

COST, LOSS, OR DAMAGE IS ATTRIBUTABLE TO BODILY INJURY,

SICKNESS, DISEASE, OR DEATH, OR TO INJURY TO OR DESTRUCTION

OF TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING

THE LOSS OF USE RESULTING THEREFROM BUT ONLY TO THE EXTENT

CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF CONTRACTOR, ANY

SUBCONTRACTOR, ANY SUPPLIER, OR ANY INDIVIDUAL OR ENTITY

DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM TO PERFORM

ANY OF THE WORK OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY

BE LIABLE."

B. Delete paragraph 6.20.C entirely.

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

“7.04 Claims between Contractors

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, 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, OR CONSULTANTS, 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

AND ENGINEER, 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 OR

ENGINEER, 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 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 and Engineer, for any delay, disruption, interference, or hindrance caused by any other contractor.

This paragraph does not prevent recovery from Owner or Engineer for activities that are their respective responsibilities.

SC-8.02 Make the following modifications to 8.02 Replacement of ENGINEER

A. Amend paragraph 8.02.A. by striking out the following words:

“to whom CONTRACTOR makes no reasonable objection”

SC-9.04 Make the following modifications to 9.04 Authorized Variations in Work

A. Add the following to Paragraph 9.04.A:

“The Contractor shall notify the Engineer in writing prior to beginning any Work addressed in a Field Order if the Contractor does not agree that the Work involved represents no additional cost and/or time change in the Contract Documents.”

SC-9.08 Make the following modifications to 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work

A. Delete paragraph 9.08.B entirely.

B. Delete paragraph 9.08.C entirely.

C. Delete paragraph 9.08.D entirely.

SC-10.03 Make the following modifications to 10.03 Execution of Change Orders

A. Add a new paragraph “B” as follows:

“B. Contractor assumes and bears responsibility for all costs and time delays associated with any variation from the requirements of the Contract Documents unless the variation is specifically approved by Change Order.”

SC-10.05 Make the following modifications to 10.05 Claims

A. Delete paragraph 10.05.A entirely and insert the following in its place:

“A. Owner’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Owner for a decision.”

B. Delete paragraph 10.05.B entirely and insert the following in its place:

“B. Notice: Written notice stating the general nature of each Claim shall be delivered by the Contractor to Owner promptly (but in no event later than 7 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the Contractor. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Owner within 30 days after the start of such event. A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by Contractor’s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event.”

C. Delete paragraph 10.05.C entirely and insert the following in its place:

“C. Owner’s Action: Owner will review each Claim and, within 30 days take one of the following actions in writing:

1. deny the Claim in whole or in part; or

2. approve the Claim.”

D. Delete paragraph 10.05.D. in its entirety.

E. Delete paragraph 10.05.E. in its entirety.

SC-11.01 Make the following modifications to 11.01 Cost of the Work

A. Amend paragraph 11.01.A by deleting the following words in the third sentence:

" those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items:"

and insert the following in its place:

"those paid for the Work included in the Contract Price, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01 B. Contractor shall provide certified payroll records listing personnel classifications and salaries for all individuals involved in additional Work. Salaries for those not included in the certified payroll will be considered as being compensated under paragraph 11.01 B, and shall include only the following items:”

B. Amend paragraph 11.01.A.1 by deleting the following words in the second sentence:

"without limitation, superintendents, foremen," and inserting the following in its place:

"one foreman (unless agreed upon prior to beginning Work)”

C. Amend paragraph 11.01.A.1 by deleting the following words in the last sentence:

"be included in the above to the extent authorized by Owner."

and inserting the following in its place:

"not exceed 1.5 times regular pay and shall be included in the above to the extent authorized by Owner in writing."

D. Amend paragraph 11.01.B.1 by adding “superintendents” to the list of excluded personnel in the first sentence:

E. Amend paragraph 11.01.D by inserting “and at intervals” in the last sentence as shown below:

“..... and submit in a form and at intervals acceptable to Engineer ...”

SC-11.03 Make the following modifications to 11.03 Unit Price Work

A. Delete paragraph 11.03.D entirely and insert the following in its place:

“D. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions:

1. If the total cost of a particular item of Unit Price Work amounts to twenty percent (20%) or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than twenty percent (20%) from the estimated quantity of such item indicated in the Agreement; and

2. If there is no corresponding adjustment with respect to any other item of Work; and

3. If Contractor believes that Contractor has incurred additional expense as a result thereof; or if Owner believes that the quantity variation entitles Owner to an adjustment in the Unit Price, either the Owner or Contractor may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variation in the quantity of the Unit Price Work performed.”

SC-12.01 Make the following modifications to 12.01 Change of Contract Price

A. Amend paragraph 12.01.A. by adding the following words after the last sentence:

“Change Orders must be in compliance with the Texas Government Code, the Texas Local Government Code and any other laws or regulations.”

SC-12.03 Make the following modifications to 12.03 Delays

A. Add the following to Paragraph 12.03.A.

“No time extensions will be allowed for weather conditions for Projects using calendar days for the Contract Time.”

SC-12.04 Make the following modifications to ARTICLE 12 – CHANGE OF CONTRACT PRICE;

CHANGE OF CONTRACT TIME

A. Add a new paragraph “12.04” as follows:

“12.04 No Damage for Delays

A. The Contractor agrees to make no claims for damage for delay in the performance of the Contract occasioned by any act or omission to act of the Owner, Engineer, or any of the Engineer’s or Owner’s agents, and agrees that any such claim shall be fully compensated by an extension of time, as set forth in a Change Order, to complete performance of the work as provided herein.”

SC-13.03 Make the following modifications to 13.03 Tests and Inspections

A. Delete paragraph 13.03 B entirely and insert the following in its place:

“B. The Contractor must employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. The Contractor is solely responsible for maintaining that the quality of work is in accordance with the Contract Documents. The Contractor shall be responsible for the notification and scheduling required assuring that a certified technician from the testing laboratory is present during all sampling and testing procedures required in the Contract Documents. The Contractor shall not proceed with construction work requiring such testing without the presence of the laboratory’s certified technician. The Owner, at his option, may perform additional tests as quality monitoring. Quality monitoring activities of the Owner and Engineer, or failure on the part of the Owner or Engineer to perform tests on constructed works, in no way relieves the Contractor of the obligation to perform work and furnish materials conforming to the Contract Documents.

1 Contractor’s Responsibilities

a. Control the quality of work produced and verify that the work performed meets the standards of quality established in the Contract Documents.

1. Inspect and verify conformance of all materials furnished and work performed, whether by the Contractor, its subcontractors or its suppliers.

2. Provide and pay for the services of a testing laboratory approved by Owner to insure that products proposed for use fully comply with the Contract Documents.

3. Perform tests as indicated in this and other sections of the specifications. Schedule the time and sequence of testing with the Owner and Engineer. Testing is to be observed by the Owner, Engineer, or designated representative.

4. Promptly replace any defective materials and/or construction work incorporating defective materials or workmanship.

5. Provide Certified Test Reports as required by the SUBMITTALS section and paragraph 3 of this supplementary conditions. Reports are to indicate that materials and construction are in compliance with the Contract Documents.

b. Assist the Engineer, Owner, and Owner’s testing organization to perform quality monitoring activities.

2. Quality Monitoring Activities by the Owner

a. Quality Monitoring activities of the Owner and Engineer through their own forces or through contracts with materials testing laboratories and survey crews are for the Owner’s use in monitoring the results of the Contractor’s work and quality control activities, if deemed necessary by the Owner and Engineer. The Quality Monitoring activities of the Owner do not relieve the Contractor of its responsibility to provide testing in accordance with the requirements of the Contract Documents or to provide materials and construction work complying with the Contract Documents.

3. Submittals

BID #2020-4411

a. Submittals shall be accordance with the SUBMITTALS section, and shall include:

1. The name of the proposed primary and secondary testing laboratories along with documentation of qualifications, a list of tests that can be performed, and a list of the certified laboratory technicians and the licensed engineers who will be performing the sampling and testing for the Construction Work along with their certifications and licenses.

2. Test reports per Paragraph 7, TEST REPORTS of this supplementary condition.

4. Standards

a. Provide a testing laboratory that complies with the ASTM (American Society of Testing Materials) and/or ACIL (American Council of Independent Laboratories) “Recommended Requirements for Independent Laboratory Qualifications”, or other specified testing organizations.

b. Perform tests listed in the specifications.

5. Delivery and Storage

a. Handle and protect test specimens of products and construction materials at the construction site in accordance with ASTM or other applicable testing procedures.

6. Verification Testing

a. Provide verification testing when tests performed by the Owner indicate that materials or the results of construction activities are not in conformance with Contract Documents.

b. Verification testing is to be provided at the Contractor’s expense to verify products or constructed works are in compliance after corrections have been made.

c. Tests must comply with recognized methods or with methods recommended by the Owner’s testing laboratory and approved by the Engineer.

7. Test Reports

A. Test reports are to be prepared for all tests.

1. Tests performed by testing laboratories may be submitted on their standard test report forms. These reports must include the following:

a. Name of the Owner, project title and number, equipment installer and general contractor.

b. Name of the laboratory, address, and telephone number.

c. Name and signature of the certified laboratory personnel performing the sampling and testing.

d. Date and time of sampling, inspection, and testing.

c. Date the report was issued.

d. Description of the test performed.

e. Weather conditions and temperature at time of test or sampling.

f. Location at the site or structure where the test was taken.

g. Standard or test procedure used in making the test.

h. A description of the results of the test.

i. Statement of compliance or non-compliance with Contract Documents.

j. Interpretations of test results, if appropriate.

B Distribute copies of the test reports to:

Owner 1 copies

Contractor 1 copy

8. Non-Conforming Work

a. Contractor shall promptly correct any work that is not in compliance with the Contract Documents and shall immediately notify the Owner when the corrective work will be performed.

b. Payment for non-conforming work shall be withheld until such work is corrected or replaced with work complying with the Contract Documents.

SC-13.04 Make the following modifications to 13.04 Uncovering Work

A. Amend paragraph 13.04.B by adding the following after Engineer’s request:

“with Owner’s written approval,”

B. Amend paragraph…