6-3. SPLOST IX Transp Bundle 5 Supplementary Conditions.pdf

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. All rights reserved.

SUPPLEMENTARY CONDITIONS OF THE

CONTRACT BETWEEN OWNER AND DESIGN-BUILDER

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. All rights reserved.

Page i

TABLE OF CONTENTS

Page

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

ARTICLE 2 – PRELIMINARY MATTERS

ARTICLE 3 – DOCUMENTS: INTENT, AMENDING, REUSE

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

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

CONDITIONS

ARTICLE 6 – BONDS AND INSURANCE

ARTICLE 7 – DESIGN-BUILDER’S RESPONSIBILITIES

ARTICLE 8 – SUBMITTALS

ARTICLE 9 – OTHER CONSTRUCTION

ARTICLE 10 – OWNER’S RESPONSIBILITIES

ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

ARTICLE 12 – COST OF THE WORK ADJUSTMENTS; UNIT PRICE WORK

ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE

CONSTRUCTION

ARTICLE 14 – PAYMENTS TO DESIGN-BUILDER; COMPLETION

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION

ARTICLE 16 – DISPUTES

ARTICLE 17 – MISCELLANEOUS

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. All rights reserved.

Supplementary Conditions

These Supplementary Conditions amend or supplement EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design-Builder (2016 Edition). All provisions that 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 defined in these Supplementary Conditions have the meanings indicated 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.

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

SC-1.01.A.46 Add the following to Paragraph 1.01.A.46:

Substantial Completion is further defined as (i) that degree of completion of the Project’s operating facilities or systems sufficient to provide Owner the full time, uninterrupted, and continuous beneficial operation of the Work; and (ii) required functional, performance and acceptance, or startup testing has been successfully demonstrated for components, devices, equipment, and instrumentation and control to the satisfaction of Engineer in accordance with the requirements of the Specifications.

SC-1.01.A.48 Add the following to Paragraph 1.01.A.48:

Entities that rent construction equipment or machinery, but are not incorporated into the Work, are considered to be Suppliers. If such rental entity furnishes both equipment and one or more personnel to operate and maintain the equipment, such entity is a Subcontractor.

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

SC2.01 Delete Paragraphs 2.01.B. in their entirety and insert the following in their place:

A. Evidence of Insurance: When Design Builder delivers the signed counterparts of the Agreement to Owner, Design Builder shall also deliver to Owner copies of the policies (including all endorsements, and identification of applicable self-insured retentions and deductibles) of insurance required to be provided by Design Builder in this Contract. Design Builder may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

2.02 Copies of Documents

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

A. Owner shall furnish to Design-Builder 1 copy of conformed Contract Documents incorporating and integrating the content of all Addenda and amendments, if any, negotiated prior to the Effective Date of the Contract (including one fully executed

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. All rights reserved.

counterpart of the Agreement), and one electronic copy of the Contract Documents in portable document format (PDF). Additional printed copies of the conformed Contract Documents will be furnished upon request at Owner’s cost of reproduction.

2.06 Initial Conference

SC-2.06.A Delete Paragraph 2.06.A in its entirety and insert the following new paragraph in its place:

A. Within 20 days after Contract Execution, Design-Builder will arrange a conference attended by Owner and Design-Builder and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the design concepts, schedules referred to in Paragraph 2.04.A, procedures for handling Submittals, processing Applications for Payment, maintaining required records, and other matters.

2.08 Electronic Transmittals

SC-2.08.D Add the following after Paragraph 2.08.D

E. The Owner will use Procore as the construction management tool for the Project, including Owner’s license and use fees. Design-Builder shall integrate with Owner and utilize Procore for the management of the projects. All submittals, documents, project photos, daily logs, inspection and testing reports, and any other project files created for the work are to be copied for Owner use into the Procore Project.

Design-Builder is not required to purchase Procore licenses or use fees.

F. Survey database and CAD files shall be delivered in Bentley Open Roads Designer

10.12.03 format. GIS data shall be provided in Esri format (file geodatabase or shapefile) and in the following spatial projection: State Plane GA West EPSG:2240, Horizontal North American Datum of 1983 (FIPS 1002), Vertical Datum NAVD 88.

ARTICLE 3 – DOCUMENTS: INTENT, AMENDING, REUSE

3.02 Reference Standards

SC-3.02.A Add the following after Paragraph 3.02.A.2

3. All work performed shall be done in accordance with the GDOT Plan

Development Process (PDP), Plan Presentation Guide (PPG), Design Policies and

Manuals, and current software versions approved by the County. Design-Builder will provide plan sheets in accordance with the current GDOT Field Plan Review

(FPR) checklists. Deviations for items not applicable or which can be reasonably eliminated shall be identified and agreed on prior to omitting. The Design-Builder shall accomplish the design using applicable guidelines, American Association of

State Highway and Transportation (AASHTO) Green Book, Roadside Design Guide, Highway Capacity Manual, and GDOT Standard Specifications and Standards &

Details, Project Related Engineer Studies/Reports, and GDOT Design Policy

Manual.

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. All rights reserved.

3.04 Ownership and Reuse of Documents

SC-3.04.A Delete in its entirety Paragraph 3.04.A, and replace it with the following:

A. All documents prepared for or furnished to Owner by Design-Builder pursuant to this Contract (including but not limited to the Construction Drawings and Construction Specifications) are instruments of service. With respect to such documents:

1. Design-Builder shall have and retain the ownership, title, and property rights, including copyright, patent, intellectual property, and common law rights, in any design elements (including but not limited to standard details, drawings, plans, specifications, methodologies, and engineering computations) used in the documents, but developed by Design-Builder or its Project Design Professionals independent of this Contract. Design-Builder shall provide appropriate verification of such independent development upon Owner’s request.

2. Upon final payment to Design-Builder of all amounts due and owing under this Contract, the ownership, title, and property rights, including copyright, patent, intellectual property, and common law rights, in the documents prepared for or furnished to Owner by Design-Builder pursuant to this Contract (including but not limited to the Construction Drawings and Construction Specifications) shall transfer to Owner.

3. Upon termination of this Contract for Owner’s convenience, or termination by Design-Builder for cause, Design-Builder shall retain the ownership, title, and property rights, including copyright, patent, intellectual property, and common law rights, in all documents prepared or furnished by Design-Builder under this Contract.

4. 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 Design-Builder’s use, and are not intended or represented to be suitable for use on the Project by Owner or any party other than Design-Builder, or for reuse by Owner or others on extensions of the Project or on any other project. Any such 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.

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement and Progress of the Work

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. All rights reserved.

SC-4.01 Delete Paragraph 4.01.A in its entirety and insert the following paragraph in its place:

A. The Contract Times will commence to run on the day indicated in the Notice to Proceed.

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

CONDITIONS

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 Add the following sentence at the end of Paragraph 5.06:

Owner shall be under no obligation to procure any additional insurance related to or as a result of this Agreement of in furtherance of any obligations hereunder.

ARTICLE 6 – BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds

SC-6.01.A Change First Sentence of Paragraph 6.01.A to read as follows:

Design-Builder shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, at all times during the Term of the Agreement, as security for the faithful performance and payment of Design-Builder’s obligations under the Contract.

Upon execution of an amendment establishing the Completion Stage price, Design-Builder shall furnish performance and payment bonds in an amount equal to the updated Contract Price.

SC-6.01.D Change Paragraph 6.01.D to read as follows:

“…above, then Design-Builder shall promptly notify Owner and Engineer and shall, within 10 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above.”

6.02 Insurance—General Provisions

SC6.02 Change Paragraph 6.02.B to read as follows:

1. “…all companies that provide insurance policies required under this contract shall have an A.M. Best rating of A- or better.”

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:

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. All rights reserved.

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

State: Statutory

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

Jones Act coverage, if applicable:

Bodily injury by accident, each accident $ 1,000,000

Bodily injury by disease, aggregate $ 1,000,000

Employer’s Liability:

Bodily injury, each accident $ 1,000,000

Bodily injury by disease, each employee $ 1,000,000

Bodily injury/disease aggregate $ 1,000,000

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: $ 5,000,000

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 $ 4,000,000

Products - Completed Operations Aggregate $ 1,000,000

Personal and Advertising Injury $ 1,000,000

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

3. Automobile Liability under Paragraph 6.03.E. of the General Conditions:

Bodily Injury:

Each person $ 2,000,000

Each accident $ 2,000,000

Property Damage:

Each accident $ 2,000,000

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. All rights reserved.

[or]

Combined Single Limit of $ 2,000,000

4. Excess or Umbrella Liability under Paragraph 6.03.F of the General Conditions:

Per Occurrence $ 5,000,000

General Aggregate $ 5,000,000

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

Each Occurrence $ 1,000,000

General Aggregate $ 1,000,000

6. Additional Insureds: In addition to Owner, include as additional insureds the following: N/A.

7. Cyber Liability Coverage $ ___1,000,000______

8. Design-Builder’s Professional Liability under Paragraph 6.03.I of the General Conditions:

Each Claim $ 5,000,000

Annual Aggregate $ 5,000,000

6.05 Property Insurance

SC-6.05.A. Paragraph 6.05.A is amended to clarify that Builder’s Risk will be required prior to early procurement, material storage, or site work authorization.

ARTICLE 7 – DESIGN-BUILDER’S RESPONSIBILITIES

7.03 Supervision and Superintendence of Construction

SC-7.03 Add the following to Paragraphs 7.03, following Paragraph 7.03.B:

C. Unless Owner otherwise agrees in writing, the superintendent will be Design Builder’s representative at the Site and shall have authority to act on behalf of Design Builder. All communications given to or received from the superintendent shall be binding on Design Builder.

D. Owner’s representative at the Site shall be the designated Construction Inspector. All correspondence relating to the construction sites, inspections, testing, materials, status updates, punch list items, etc. should include the Owner’s Construction Inspector.

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. All rights reserved.

7.04 Labor; Working Hours

SC-7.04.B. Replace Paragraph 7.04.B in its entirety with the following new paragraph:

B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, and in the absence of any Laws or Regulations to the contrary, all Construction at the Site shall be performed during regular working hours. Design-Builder will not perform Work on any legal holiday. Design-Builder may perform Construction at the Site outside regular working hours or on a legal holiday only with Owner’s written consent, which will not be unreasonably withheld.

1. Regular working hours shall be limited to the hours of 7:00 AM to 7:00 PM Monday to Friday; and there will be no outside construction on Saturday, Sunday or Owner’s legal holidays without previous authorization from Owner.

2. Owner's legal holidays are New Year’s Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Eve, and Christmas Day.

3.

7.08 Patent Fees and Royalties

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

7.09 Permits and Utility Charges

SC-7.09 Add a new paragraph immediately after Paragraph 7.09.A:

7.09.A.1 Design-Builder is specifically required to obtain the following permits and approvals of government authorities:

All regulatory and permits required to complete design and construction of the Work.

7.11 Laws and Regulations

SC-7.11 Add new paragraphs immediately after Paragraph 7.11.C that is to read as follows:

D. While not intended to be inclusive of all Laws or Regulations for which Design-Builder may be responsible under Paragraph 7.11, the following Laws or Regulations are included as mandated by statute or for the convenience of Contractor:

1. Security and Immigration Act: Design-Builder shall register and comply with OCGA 13-10-90 et. seq. and Georgia Department of Labor Chapter 300-10-1.

E. All work shall comply and be performed in accordance with all applicable federal and state laws, regulations, rules, executive orders, policies, guidelines, procedures, directives and requirements, including, without limitation, Forsyth County Standards and GDOT Standard Specifications Construction of Transportation Systems, 2021 Edition, and applicable special provisions and supplemental specifications, and the Manual on Uniform Traffic Control Devices and the National Electric Code. All testing shall meet the requirements outlined in the GDOT Sampling, Testing, and Inspection Guide.

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. All rights reserved.

ARTICLE 8 – SUBMITTALS

8.01 Design-Builder’s Preparation of Submittals

SC-8.01 Insert the following immediately after Paragraph 8.01.F:

G. Required Submittals

1. Furnish for Owner’s review and approval the following Preliminary Stage Submittals:

Submittals Remarks

Preliminary Stage Schedule

STUDY AND REPORT PHASE

Draft Preliminary Stage Report

Final Preliminary Stage Report

Geotechnical Investigation Scope of Work

PRELIMINARY TECHNICAL DOCUMENTS

Draft Preliminary Technical Documents

Deviations Memorandum

Final Preliminary Technical Documents

CONSTRUCTION PLANNING

Draft Completion Cost Estimate

Final Completion Cost Estimate

Completion Price

List of Equipment and Materials

List of Work Packages

Critical Path Schedule for Completion Stage

2. Furnish for Owner’s review the following Completion Stage administrative Submittals, which shall be acceptable as to form and content, and which shall include but not be limited to the following:

Submittal Remarks

Progress schedule – preliminary, initial, and monthly updates

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. All rights reserved.

Submittal Remarks Schedule of Values – preliminary and initial, and update for each change in the Contract Price

Schedule of Submittals – preliminary, initial, and monthly updates

Copies of construction permits and licenses required by authorities having jurisdiction

Includes evidence that required inspections are successfully completed

Requests for interpretation or clarification of the Contract Documents

Submittals

Records of delivery of spare parts and extra materials

Maintenance data for materials and equipment incorporated into the Construction

Record Drawings and Record Specifications

As-Built Set for each Project Delivered as .pdf and .dgn

ARTICLE 9 – OTHER CONSTRUCTION

No Supplementary Conditions in this Article.

ARTICLE 10 – OWNER’S RESPONSIBILITIES

10.05 Owner’s Site Representative

SC-10.05 Add the following new paragraph immediately after Paragraph 10.05.A:

B. Owner will furnish an “Owner’s Site Representative” (OSR) to represent Owner at the Site and assist Owner in observing the performance of the Construction. OSR is not Design- Builder’s subcontractor, consultant, agent, or employee. The authority and responsibilities of OSR follow:

1. General: OSR's dealings in matters pertaining to the Construction in general shall be with Design-Builder’s designated representatives at the Site. OSR's dealings with Design-Builder’s Construction Subcontractors and Suppliers, including Project Design Professionals, shall only be through or with the knowledge and approval of Design- Builder.

2. Schedules: Review the Construction progress schedules, schedule of Submittals, and Schedule of Values prepared by or for Design-Builder.

3. Conferences and Meetings: Attend meetings with Design-Builder and Construction Subcontractors, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings.

4. Liaison. Serve as Owner’s liaison:

a. with Design-Builder regarding the Construction.

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. All rights reserved.

b. with Design-Builder when Design-Builder’s operations affect Owner’s onsite operations.

c. with respect to Design-Builder requests for additional details or information from Owner, or for clarifications and interpretations of the Contract Documents.

d. with respect to proposed modifications of the Contract Documents, Change Orders, and similar matters.

5. Submittals:

a. Record date of receipt of Submittals and samples approved by Design-Builder.

b. Receive samples furnished at the Site by Design-Builder, and notify Owner of availability of samples for examination.

c. Advise Owner and Design-Builder of the commencement of any portion of the Construction requiring a Submittal or sample for which OSR believes that the Submittal has not been accepted by Owner

6. Observation of the Construction:

a. Conduct on-site observations of Design-Builder’s Construction in progress.

7. Inspections, Tests, and System Start-ups:

a. Observe tests, equipment and systems start-ups, and operating and maintenance training.

b. Review Design-Builder’s recordkeeping regarding tests, equipment and systems start-ups, and operating and maintenance training.

8. Records:

a. Prepare a daily report or keep a diary or log book, recording Design-Builder’s hours at the Site, Construction Subcontractors present at the Site, weather conditions, Site visitors, any Site accidents, force majeure or delay events, emergencies, damage to property by fire or other causes, the discovery of any Constituent of Concern or Hazardous Environmental Condition, and deliveries of equipment or materials.

b. Record names, addresses, fax numbers, e-mail addresses, website locations, and telephone numbers of all Construction Subcontractors and major Suppliers of materials and equipment.

9. Payment Requests: Review each Construction-related Application for Payment received from Design-Builder; note compliance with the established procedure for Application for Payment submission; meet with Design-Builder to review each Application for Payment; and forward the Application for Payment with recommendations to Owner, noting particularly the relationship of the payment requested to: (a) the Schedule of Values accepted by Owner, (b) relevant cost of the work provisions, (c) Construction completed, and (d) materials and equipment delivered to the Site but not incorporated in the Construction.

10. Certificates, Operation and Maintenance Manuals: During the course of Construction, review materials and equipment certificates, operation and maintenance manuals, and other documentation required by the Contract

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. All rights reserved.

Documents to be assembled and furnished by Design-Builder, noting whether the documentation is applicable to the items actually installed, and deliver such documentation to Owner for its review and acceptance prior to payment for that part of the Work.

11. Completion:

a. Participate in Owner’s visits to the Site to determine Substantial Completion, assist in the preparation of a punch list of items to be completed or corrected, and in preparation of the certificate of Substantial Completion.

b. Participate in Owner’s final inspection at the Site to determine completion of the Work, in the company of Owner and Design-Builder, and assist in preparation of a final punch list of items to be completed and deficiencies to be remedied, if any.

c. Observe whether items on the final punch list have been completed or corrected, and make recommendations to Owner concerning acceptance and issuance of the notice of acceptability of the Work. Assist Owner with preparing the notice of acceptability of the Work.

C. The OSR shall not:

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

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

3. Undertake any of the responsibilities of Design-Builder, Construction Subcontractors, Project Design Professionals, or Suppliers.

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

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

6. Accept Submittals from anyone other than Design-Builder.

7. Have any authority with respect to Owner’s occupancy of the Construction, in whole or in part.

ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

No Supplementary Conditions in this Article.

ARTICLE 12 – COST OF THE WORK ADJUSTMENTS; UNIT PRICE WORK

SC-12.01.B.7.h Add the following to the end of Paragraph 12.01.B.7.h:

Express and courier services must be approved prior to use.

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. All rights reserved.

ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE

CONSTRUCTION

No Supplementary Conditions in this Article

ARTICLE 14 – PAYMENTS TO DESIGN-BUILDER; COMPLETION

14.0 Progress Payments

SC-14.01.F Delete paragraph 14.01.F in its entirety

14.03 Substantial Completion

SC-14.03.B Add the following new subparagraph to Paragraph 14.03.B:

3. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Owner or its representatives, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, shall be paid by Design-Builder to Owner. If Design-Builder does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off, in accordance with Paragraph 14.01.G of the General Conditions, against payments due under Article 14 of the General Conditions.

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION

15.02 Owner May Terminate for Cause

SC-15.02.B Change First Sentence of Paragraph 15.02.B to read as follows:

If one or more of the events identified in Paragraph 15.02.A occurs, Owner may, after giving Design-Builder (and the surety, if any) 7 days’ written notice, terminate the services of Design- Builder, take possession of any completed Design Submittals prepared by or for Design- Builder (subject to the limited license provisions of Paragraph 3.04), exclude Design-Builder from the Site, take possession of the Work, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Design-Builder but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Design-Builder shall not be entitled to receive any further payment until the Work is finished.

ARTICLE 16 – DISPUTES

No Supplementary Conditions in this Article

ARTICLE 17 – MISCELLANEOUS

17.08 Headings

SC-17.08 Add the following paragraphs immediately after Paragraph SC-17.08, which is to read as follows:

17.09 Publicity

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. All rights reserved.

A. Design-Builder shall not disclose to any third party the nature of its Work on the Project, nor engage in publicity or public media disclosures with respect to the Project without the prior written consent of Owner, which shall not be unreasonably withheld.