Addendum_2.pdf

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY

PROCUREMENT DEPARTMENT

ADDENDUM NO. 2

DATE:

TO:

FROM:

TOTAL PAGE(S):

SOLICITATION TITLE:

April 7, 2026 All Offerors Deirdre Curry, Contracting Officer 1 page (not including attachments) Torgersen Hall Roofing Replacement

SOLICITATION NUMBER: 443882620

I. CLARIFICATIONS AND ADDITIONAL INFORMATION

1. The new deadline for submitting bids now 2:00 PM on Friday, April 17, 2026.

2. The bid opening will occur on Monday, April 20, 2026, at 2:00 PM, the zoom link remains the same as posted in the Notice of Invitation for Bids.

3. See details for Additive Bid Item 1 attached hereto as Exhibit A. This additive item includes sheet metal counter flashing installation.

4. Substantial Completion of Roof K and C shall be completed no later than August 17, 2026.

See Exhibit B. Remaining work shall retain the same 150 calendar day duration from Notice to Proceed.

5. See revised Bid Form inclusive of Additive Bid Item 1 (See clarification #3 above) and a revised Substantial Completion date (See clarification #4 above) attached hereto as Exhibit C.

6. The revised Supplemental General Conditions to the General Conditions of the Construction Contract inclusive of Liquidated Damages are hereby attached as Exhibit D.

II. REQUESTS FOR INFORMATION

None.

Exhibit A Details for Additive Bid Item 1 - Sheet Metal Counter Flashing Installation

Exhibit B Schedule Update for Roof C and Roof K

ROOF J

ROOF F

ROOF C

ROOF M

ROOF K

ROOF L

ROOF N

'-4

1 2"

72'-9" 16'-7"

6'

-0

42'-11 2"

2'

-1 1"

64'-5"

'-5

RD

RD

RD

OD

OD

P

P

L

L

L

L

L

RD

P

P

RD OD

L

RD

OD

L L L L L

RD RD

P

P

VS

L L L

L L L

L

L L L

L

L

L L L L

L

L

L

L

L

L

L

L

L

L

L

L

L

L

L

RD OD

P

P

RD OD

RD

P

L LL L

L LL L

L

L

P

P

VS

RD

RD RD

L

L

L

L

L

P

P

RD

RD

P

VS

RD

P

VS

RD

P

P

RD

OD

P

OD

RD

L

RD

RD

P P

P

PP

PP

P

OD

OD

OD

OD

ENCLOSED

AHU

ENCLOSED

AHU

LEGEND

ROOF DRAIN

OVERFLOW DRAIN

PENETRATION

LIGHTENING TERMINAL

HOT STACK

VENT STACK

EQUIPMENT CURB

EXHAUST FAN

HATCH

LADDER - REMOVE AND REINSTALL

CRENELLATION W/ NEW TAPERED

INSULATION SUMP

WALKWAY PAD

RD

OD

VS

P

L

HS

DETAIL

9 / A-501

9 / A-501

4, 5, 6 / A-502

3 / A-502

1, 2 / A-502

#, #, 8 / A-501

10, 11 / A-501

# / A-501

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Sheet No.

Sheet Title

Scale

Checked

Drawn

Date

Project No.

DateMark Description

Project

F

E

D

C

B

A

F

E

D

C

B

A

Wiss, Janney, Elstner Associates, Inc.

10 South LaSalle Street, Suite 2600

Chicago, Illinois 60603

312.372.0555 tel

Torgersen Hall Roofing Replacement

620 Drillfield Drive Blacksburg, Virgina 24061

Virginia PolyTechnic Institute and State University

VT Facilities Department Sterrett Facilities Complex Blacksburg, Virgina 24061

Issued for Bid

2022.6672.0

02-27-26

GM/JAA

February 27, 2026

As Noted

LRM/IRC

Roof Plan - Area B

A-103

1 SCALE: 3/32" = 1'-0"

Roof Plan - Area B N

2 SCALE: 3/32" = 1'-0"

Key Plan

A-503

A-503

A-503

A-503

A-503

A-503

A-503

A-503

A-503

A-503

A-503

A-503

A-503

A-503

PRECAST

RISING WALL

CLERESTORY

WINDOW

A-503

A-503

A-503

A-503

A-503

A-503

A-503

A-503

60'-5"

RAISE THROUGH WALL FLASHING

IN HOKIE STONE RISING WALL

'-4

1 2"

R

AI

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T

H R

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G H

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AL

L

FL

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KI

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13'-5"

RAISE THROUGH WALL FLASHING

IN HOKIE STONE RISING WALL

8' -0

M O

C K-

U P

PROPOSED MOCK-UP LOCATION FOR THE

RAISED THROUGH WALL FLASHING REPAIR

THE NEW ROOFING SYSTEM ON ROOF C

IS TO HAVE R-20 INSULATION

Roof K must be completed by 8/17/26 prior to classes starting back. Including through wall flashing.

Roof C must be completed by 8/17/26 prior to classes starting back.

Exhibit C Revised Bid Form

Standard Bid Form Format Page 3 of 5

DGS-30-220 Standard Bid Form Format (Rev. 07/22)

BID FORM

DATE:

PROJECT: Torgersen Hall Roofing Replacement Blacksburg, VA

Project Code: 23-589463

To: Commonwealth of Virginia

Virginia Polytechnic Institute and State University Procurement Department, North End Center (0333), Suite 2100 300 Turner Street NW Blacksburg, VA 24061

In compliance with and subject to your Invitation for Bids and the documents therein specified, all of which are incorporated herein by reference, the undersigned bidder proposes to furnish all labor, equipment, and materials and perform all work necessary for construction of this project, in accordance with the Plans and Specifications dated February 27, 2026, and the Addenda noted below, as prepared by WJE for the consideration of the following amount:

BASE BID (including the following parts but excluding work in Additive Bid Items):

PART A – ROOFING REPLACEMENT

Lump sum price for removing all existing EPDM roofing and related flashings, then installing a new adhered EPDM roofing membrane system and related flashings as shown in the Drawings and Specifications. The new insulation R-value and taper vary as described in Details 2 and 3 on Sheet A-501.

PART A = Dollars ($ ).

PART B – SCREEN WALL CLADDING

Lump sum price for removing all existing EPDM membrane from the roof side of the masonry screen walls and installing new prefinished sheet metal wall panels, in accordance with the Drawings and Specifications.

PART B = Dollars ($ ).

PART C – COAT EXPOSED, OVERHEAD STEEL BEAMS

Lump sum price for cleaning, preparing, and coating all overhead exposed steel beams on Roofs D, N, and P in accordance with the Drawings and Specifications.

PART C = Dollars ($ ).

PART D – EXTERIOR GYPSUM SHEATHING REPLACEMENT

Standard Bid Form Format Page 4 of 5

On masonry screen walls, remove and replace water-damaged exterior gypsum sheathing. The unit cost covers selective demolition, material disposal, and the supply and installation of new gypsum sheathing panels. The final amount will be adjusted up or down based on the authorized quantity.

Estimated quantity of ten (10) 4’x8’sheets @ $ per sheet = (Note: assume the minimum repair area is one full sheet per area for up to 10 areas)

PART D = Dollars ($ ).

PART E – COAT CONCEALED STEEL COLUMNS AND BEAMS

Inside the masonry screen walls, remove surface corrosion from the steel columns and beams where needed. The unit cost includes cleaning, surface preparation, priming and applying the new coating. The final amount will be adjusted up or down based on the authorized quantity.

Estimated quantity of 50 sq.ft. @ $ per sq.ft = (Note: assume the minimum repair area is 2 sq.ft.)

PART E = Dollars ($ ).

TOTAL BASE BID AMOUNT (Sum of PARTS A, B, C, D and E) IS:

DOLLARS ($ )

ADDITIVE BID ITEM 1: Lump Sum price to add sheet metal counter flashing in accordance with the drawings and specifications (Exhibit B, Addendum 2).

DOLLARS ($ )

Contract award will be based on the TOTAL BASE BID AMOUNT shown above (including any properly submitted bid modifications) plus as many Additive Bid Items taken in sequence as the Owner in its discretion decides to award.

The bidder has relied upon the following public historical climatological records: The National Weather Service for Blacksburg, VA.

Code of Virginia, § 2.2-4376.2 shall be applicable to the Work of the Contract.

The undersigned understands that time is of the essence and agrees that the time for Substantial Completion shall be as follows:

• Roof C and Roof K shall achieve Substantial Completion on or before August 17, 2026; and

• All remaining Work shall achieve Substantial Completion within one hundred fifty (150) consecutive calendar days from the date of commencement of the Work as specified in the Notice to Proceed.

Final Completion for all Work shall be achieved within 30 calendar days after the applicable date of Substantial Completion as determined by the A/E.

Standard Bid Form Format Page 4 of 5

Acknowledgment is made of receipt of the following Addenda: _____________________________________

If notice of acceptance of this bid is given to the undersigned within 30 days after the date of opening of bids, or any time thereafter before this bid is withdrawn, the undersigned will execute and deliver a contract in the prescribed form (Commonwealth of Virginia Contract Between Owner and Contractor, Form CO-9) within 10 days after the contract has been presented to him for signature. The required payment and performance bonds, on the forms prescribed, and certificates of required insurance shall be delivered to the Owner along with the signed Contract.

Immigration Reform and Control Act of 1986: The undersigned certifies that it does not and shall not during the performance of the Contract for this project violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens, or knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

DISQUALIFICATION OF CONTRACTORS: By signing this bid or proposal, the undersigned certifies that this Bidder or any officer, director, partner or owner is not currently barred from bidding on contracts by any Agency of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government, nor is this Bidder a subsidiary or affiliate of any firm/corporation that is currently barred from bidding on contracts by any of the same. We have attached an explanation of any previous disbarment(s) and copies of notice(s) of reinstatement(s).

DISQUALIFICATION FOR WAGE THEFT: By signing this bid or proposal, the undersigned certifies that this Bidder or their proposed subcontractor(s), or any officer, director, partner or owner thereof is not currently in litigation, under investigation, or criminal indictment for wage theft on contracts by any Agency of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government.

Either the undersigned or one of the following individuals, if any, is authorized to modify this bid prior to the deadline for receipt of bids by writing the modification and signing his name on the face of the bid, on the envelope in which it is enclosed, on a separate document, or on a document which is telefaxed to the Owner:

I certify that the firm name given below is the true and complete name of the bidder and that the bidder is legally qualified and licensed by the Virginia Department of Professional and Occupational Regulation, Board for Contractors, to perform all Work included in the scope of the Contract.

Virginia License No.: Bidder:

(Name of Firm)

Contractor Class: By:

(Signature)

February 27, 2026

FEIN/SSN: Title:

If General Partnership (List Partners' Names) Business Address:

Telephone #

FAX #

If Corporation, affix Corporate Seal & list State of Incorporation

State:

(Affix Seal)

Virginia State Corporation Commission ID No.: ; or

If Contractor is a foreign business entity not required to be authorized to transact business in the Commonwealth under Titles 13.1 or 50 of the Code of Virginia, or as otherwise required by law, please provide an explanation as to why such entity is not required to be so authorized:

WJE No. 2022.6672 Torgersen Hall Roofing Replacement

Standard Bid Form Format Page 2 of 5

Agency Small Business Participation Goal: % 50

Contractor’s Proposed Small Business Participation: % (required)

Exhibit D Updated Supplemental General Conditions to the General Terms and Conditions of the

Construction Contract

Virginia Tech

Supplemental General Conditions to the General Conditions of the Construction Contract

(Design-Bid-Build)

September 1, 2022

The Virginia Tech General Conditions of the Construction, Form HECO-7 (Version 1 dated 04/12/2021), are modified and supplemented as hereinafter described:

1. DEFINITIONS

Delete the definitions listed below and replace with the following:

Change Order: A document (Form CO-11) issued on or after the effective date of the Contract Between Owner and Contractor which is agreed to by the Contractor and approved by the Owner, and which authorizes an addition, deletion or revision in the Work, including any adjustment in the Contract Price and/or the Contract Completion Date. The term Change Order shall also include written orders to proceed issued pursuant to Section 38 (a) (3). A Change Order, once signed by all parties, is incorporated into and becomes a part of the Contract.

Contract: The Contract Between Owner and Contractor, hereinafter referred to as the Contract.

Contract Documents: The Contract between Owner and Contractor signed by the Owner and the Contractor and any documents expressly incorporated therein. Such incorporated documents customarily include the bid submitted by the Contractor, these General Conditions, any Supplemental General Conditions, any Special Conditions, the plans and the specifications, and all modifications, including addenda and subsequent Change Orders.

Insert the following definitions:

Limited Renovation: Renovations that do not involve structural work (including, but not limited to, foundations, supports, beams, exterior roof supports, load bearing walls, and roofing structures) and that do not involve Hot Work (as defined by the Virginia Statewide Fire Prevention Code) with the exception of brazing, soldering, and grinding.

Major Renovation: Renovations that do not meet the definition of Limited Renovation.

2. CONTRACT DOCUMENTS

(a) The Contract Between Owner and Contractor, the Workers' Compensation Certificate of Coverage (CO-9a), the Standard Performance Bond (CO-10), the Standard Labor and Material Payment Bond (CO-10.1), the Schedule of Values and Certificate for Payment (CO-12), the Affidavit of Payments of Claims (CO-13), the Contractor's Certificate of Substantial Completion (*HECO-13.2a), and the Contractor's Certificate of Completion (*HECO-13.2) issued by the Commonwealth of Virginia (* HECO- 13.2a and HECO-13.2 are issued by the University Building Official) in its Construction and Professional Services Manual are forms incorporated in these General Conditions by reference and are made a part hereof to the same extent as though fully set forth herein. They must be used by the Contractor for their respective purposes.

3. LAWS AND REGULATIONS

(e) Building Permit: Because this Project is on university property, codes or zoning ordinances of local political subdivisions do not apply to Work on the property. The Virginia Uniform Statewide Building Code applies to the Work and is administered by the University Building Official for University owned Buildings. The Building Permit will be obtained and paid for by the Owner. All other permits, local license fees, business fees, taxes, or similar assessments imposed by the appropriate political subdivision shall be obtained and paid for by the Contractor. See Section 25 for utility connection fees and services.

11. CONSTRUCTION MANAGER’S AND SUBCONTRACTOR’S INSURANCE

Delete and replace Section 11.b and 11.c.1 with the following:

(b) Unless otherwise provided, the Contractor shall procure and maintain, as required herein, the following insurance coverages:

1. Workers’ Compensation and Employer’s Liability Insurance to cover all employees engaged in the Work of a type and in an amount to meet all Commonwealth of Virginia statutory requirements and regulations to provide all benefits to which employees may be entitled, with limits no less than $1,000,000 bodily injury by accident or disease, each employee. Where applicable, coverage shall be extended to cover any claims under the United States Longshoreman’s Act and Harbor Workers Act and Jones Act as may be appropriate for the work.

2. Comprehensive General Liability insurance, including coverage for Broad Form Contractual, Premises/Operations, Product and Completed Operations, Independent Contractor’s Liability, and Personal Injury Liability, with limits of at least $1,000,000 per occurrence and $2,000,000 aggregate, applicable on a per-project basis. The policy shall not exclude or limit the amount of coverage for the Work of the Project or for explosion, collapse, underground operations, mold, or exterior insulation and finish system (“EIFS”).

3. Automobile Liability Insurance with a limit of not less than $1 million combined single limit for bodily injury and property damage per occurrence, covering all owned, non-owned, hired and borrowed vehicles, whether on-Site or off-Site.

4. Contractor or the Asbestos Subcontractor shall provide occurrence-based liability insurance with asbestos coverages in an amount not less than $1,000,000, and shall cover completed operations. The following shall be named as additional insureds on this policy: the Commonwealth of Virginia, its officers, employees and agents;

the A/E (if not the Asbestos Project Designer); and the Contractor (where the asbestos work is being performed by the Asbestos Subcontractor).

5. Professional Liability, including design build errors and omissions and completed operations, with limits not less than $1,000,000 per occurrence or claim.

(c) Unless otherwise specified, Contractor shall ensure that all insurance required by Subsection (b) above contains the following provisions:

1. With the exception of Workers’ Compensation and professional liability insurance, the Commonwealth of Virginia, the Owner, and their officers, employees and agents shall be named as additional insureds on all policies. The additional insureds as stated for the asbestos coverage shall be as stated in Section 11(b)(4).

REMAINING PORTION OF HECO-7 SECTION 11 IS APPLICABLE AND REMAINS

UNCHANGED

12. “ALL-RISK” BUILDER’S RISK INSURANCE

Delete and replace Section 12.a, 12.b and 12.c with the following:

(a) Unless otherwise provided, the Contractor shall procure and maintain, at its cost, all-risk Builder’s Risk insurance with minimum coverage and limits as follows:

1. New Construction, Addition, or Major Renovation: When the work is new construction, addition or major renovation, the Contractor shall maintain “all-risk” Builder’s Risk insurance for the Work and the entire structure or structures, if any, on which the Work is to be done with a minimum limit of not less than the insurable value of the structure(s) plus one hundred percent (100%) of the Contract Price and the value of all Change Orders, to represent the total value of the structure(s) and the Work on a replacement cost basis.

2. Limited Renovation: When the work is limited renovation to an existing structure, the Contractor shall maintain “all risk” Builder’s Risk insurance in an amount equal to one hundred percent (100%) of the Contract Price and the value of all Change Orders, to represent the total value of the Work on a replacement cost basis. The insurance must contain a Beneficial Occupancy Endorsement which enables Owner to occupy the facility during construction.

When the project is an addition with Limited Renovation to an existing structure, then the insurable value of the existing structure shall not be included.

(b) Builder’s risk insurance shall be provided on an “all risk” or equivalent policy form and shall include, without limitation, insurance against all perils. The insurance shall cover the costs of debris removal, temporary buildings, legal requirements, and compensation for A/E services and Contractor services required following an insured loss. The insurance shall cover portions of the Work stored off-Site, Work in transit, and all materials, supplies, equipment, machinery, and fixtures that are or will be part of the Project. The policy shall include coverage for mold resulting from a covered peril, property in transit or temporary storage, equipment breakdown/course of construction, and soft costs within the aggregate or blanket limit of the of the policy. If not otherwise covered by the Builder’s Risk policy, Contractor also shall provide an installation floater to cover all equipment and materials intended for installation at the Project.

In the event the policy includes any coverages where the limit is less than the aggregate or blanket limit of the policy (sub limits), the coverage shall be no less than the stated minimum sub-limits for the following perils:

- Flood $2,000,000

- Earth Movement $2,000,000

- Debris Removal $1,000,000

- Extra or Expedited Expense $2,000,000

- Interior Water Damage $2,000,000

- Loss of Income/Extra Expenses 12 months

- Soft Costs Blanket or Aggregate Limit/14-Day

Waiting Period

The Certificate of Insurance provided to the Owner shall disclose all sub-limits, stating the peril and limit applying to each. In the event that the aggregate policy limit is less than the sub-limits identified above, coverage for all perils must be provided within the aggregate or blanket limit of the policy.

(c) Builder’s risk insurance may include a deductible provision if the Owner so provides in the Supplemental General Conditions, in which case the Contractor will be liable for such deductible whenever a claim arises. Any loss payable under the Builder’s Risk insurance shall be payable to the Owner, in accordance with its interests, as they may appear, and then to any other persons insured thereunder.

Written evidence of this insurance and a copy of the policy shall be provided to the Owner no later than thirty (30) Days following the award of the Contract. The policy shall not be canceled, dropped, replaced, or materially changed without at least thirty

(30) Days’ prior written Notice to and consent of the Owner.

13. TAXES, FEES AND ASSESSMENTS

The Contractor shall, without additional expense to the Owner, pay all applicable federal, state, and local taxes, fees and assessments except the taxes, fees and assessments on the real property comprising the Site of the project. If the University Building Official elects to have the local building official inspect the Work as provided by §36-98.1 of the Code of Virginia, the Owner shall pay the resulting fees to the local building official.

17. SUPERINTENDENCE BY CONTRACTOR

(a) The Contractor shall have a competent Superintendent, satisfactory to the Architect/Engineer and the Owner, on the Site at all times during the progress of the Work. The Superintendent shall be familiar with and be able to read and understand the plans and specifications, and be capable of communicating orally and in writing with the Owner's inspectors and the Contractor's workers. The Contractor shall be responsible for all construction means, methods, techniques, sequences and procedures, for coordinating all portions of the Work under the Contract except where otherwise specified in the Contract Documents, and for all safety and worker health programs and practices. The Contractor shall notify the Owner, in writing, of any proposed change in Superintendent, including the reason therefore, prior to making such change. Said notice shall be provided within forty-eight (48) hours of Contractor’s knowledge regarding such change in Superintendent.

(b) The Contractor shall, at all times, enforce strict discipline and good order among the workers on the Project, and shall not employ on the Work, or contract with, any unfit person, anyone not skilled in the Work assigned to him, or anyone who will not work in harmony with those employed by the Contractor, the Subcontractors, the Owner or the Owner's separate contractors and their subcontractors.

(c) The Owner may, in writing, require the Contractor to remove from the Site any employee or Subcontractor's employee the Owner deems to be incompetent, careless, not working in harmony with others on the Site, or otherwise objectionable, but the Owner shall have no obligation to do so.

19. SCHEDULE

(a) The CPM schedule shall be developed using Primavera P6 software or other software as approved by the Owner.

36. PAYMENTS TO CONTRACTOR

(a) Unless otherwise provided in the Contract, the Owner will make partial payments to the Contractor on the basis of a duly certified and approved Schedule of Values and Certificate for Payment, Form CO-12, showing the estimate of the Work performed during the preceding calendar month or work period, as recommended by the Architect/Engineer. When evaluating the Contractor’s Form CO-12, the

Architect/Engineer will consider the value of the Work in place, the value of approved and properly stored materials, the status of the Work on the critical path with regard to the Time for Completion, and the estimated value of the Work necessary to achieve Final Completion. To expedite the payment process, the Contractor is encouraged to submit a draft copy of his monthly pay application to the A/E and Owner for preliminary review prior to formally submitting the pay application in GC Pay. Once the draft copy is reviewed and returned, the Contractor shall submit the pay application to GC Pay after making any modifications to the estimates of work as noted by the A/E and/or Owner during their preliminary review. The submission date to GC Pay shall become the official receipt date of the pay application. The A/E and Owner shall then conduct a final review of the pay application in GC Pay and, if further modifications are deemed to be necessary, the Contract shall make such modifications to the document and resubmit the pay application in GC Pay. The official receipt date shall then be reestablished as the date on which an approved pay application was submitted by the Contractor to GC Pay. In preparing estimates, the material delivered to the Site and preparatory Work done shall be taken into consideration, if properly documented as required by Section 20 of these General Conditions, or as may be required by the Architect/Engineer so that quantities may be verified. In addition to material delivered to the Site, material such as large pieces of equipment and items purchased specifically for the Project, but stored off the Site within the Commonwealth of Virginia, may be considered for payment, provided all of the following are accomplished prior to the submission of the monthly payment request in which payment for such materials is requested:

REMAINING PORTION OF FORM DGS-30-054 (CO-7) SECTION 36(a) IS

APPLICABLE AND REMAINS UNCHANGED

(h) Unless there is a dispute about the compensation due to the Contractor, Defective

Work, quality of the Work, compliance with the Contract Documents, completion itself, claims by the Owner, other matters in contention between the parties, or unless monies are withheld pursuant to the Comptroller’s Debt Setoff Program, within thirty

(30) days after the official receipt date of the pay application as defined in Paragraph

(a) above, the Owner shall pay to the Contractor the amount approved by the Architect/Engineer, less all prior payments and advances whatsoever to or for the account of the Contractor. In the case of Final Payment, the completed Affidavit of payment of Claims (Form CO-13), the Certificate of Completion by the Contractor (Form HECO-13.2) and the Certificate of Completion by the Architect/Engineer (Form HECO-13.1) shall accompany the final Schedule of Values and Certificate for Payment (CO-12) which is forwarded to the Owner for payment. The date on which payment is due shall be referred to as the Payment Date. In the event of disputes, payment shall be mailed on or before the Payment Date for amounts and Work not in dispute, subject to any set offs claimed by the Owner; provided, however in instances where further appropriations are required by the General Assembly or where the issuance of further bonds is required, in which case, payment shall be made within thirty (30) days after the effective date of such appropriation or within thirty (30) days after the receipt of bond proceeds by the Owner. All prior estimates and payments including those relating to extra Work may be corrected and adjusted in any payment and shall be corrected and adjusted in the Final Payment. In the event that any formal pay application (CO-12) by the Contractor to GC Pay contains a defect or impropriety, the Owner shall reject the pay application in GC Pay and notify the Contractor of any defect or impropriety which would prevent payment by the Payment Date, within ten (10) days after the official receipt date.

38. CHANGES IN THE WORK

(a) Overhead and profit shall be equally and consistently applied to both additive and deductive changes in the Work (other than changes covered by unit prices) and shall be paid by applying the specified percentage markups only on the net cost of the changed Work (i.e. difference in cost between original and changed Work excluding overhead and profit). Said percentages for overhead and profit shall reasonably approximate the Contractor’s overhead and profit, but shall not exceed the percentages for each category listed below:

(1) If a Subcontractor does all or part of the changed Work, the Subcontractor’s markup for overhead and profit on the Work it performs shall be a maximum of fifteen percent (15%). The Contractor’s mark-up for overhead and profit on the Subcontractor’s price shall be a maximum of ten percent (10%).

(2) If the Contractor does all or part of the changed Work, its markup for overhead and profit on the changed Work it performs shall be a maximum of fifteen percent (15%).

(3) If a Sub-subcontractor at any tier does all or part of the changed Work, the Sub-subcontractor’s markup on that Work shall be a maximum of fifteen percent (15%).

The markup for overhead and profit on a sub-subcontractor’s Work by the Contractor and all intervening tiers of Subcontractors shall not exceed a total of ten percent (10%).

(4) Where Work is deleted from the Contract prior to commencement of that Work without substitution of other similar Work, one hundred percent (100%) of the Contract Price attributable to that Work shall be deducted from the Contract Price.

However, in the event that material Submittals have been approved and orders placed for said materials, a lesser amount, but in no case less than eighty percent (80%) of the Contract Price attributable to that Work, shall be deducted from the Contract Price. The credit to the Owner for reduced premiums on labor and material bonds and performance bonds shall in all cases be one hundred percent (100%).

43. DAMAGES FOR DELAY, EXTENSION OF TIME, shall be supplemented by adding the following paragraphs:

Agreed Compensation/Liquidated Damages for Contractor Delay:

(h) Contractor acknowledges and agrees that its failure to achieve the dates established by the Contract for Substantial Completion and/or Final Completion will cause Owner to incur substantial economic damages and losses of types and in amounts which are impossible to quantify with certainty. Contractor and Owner agree that liquidated damages may be assessed and recovered by Owner from Contractor and Surety and that the liquidated damages set forth below represent a fair, reasonable and appropriate measure of Owner’s damages in the event of a delay and that such damages are not a penalty. Owner and Contractor further agree that they are sophisticated parties and have been represented by legal counsel and negotiated this Contract at arm’s length.

(i) These liquidated damages are in addition to all other rights of Owner, including the right to call a default or to recover any and all other damages sustained by Owner as a result of any other breach of the Contract by Contractor, including, but not limited to, costs incurred by Owner to complete the Work or remedy Defective Work.

(j) If Contractor does not achieve Substantial Completion of the Work by the Contract

Completion Date, or any extensions evidenced by Change Order, due to its own fault or the fault of its Subcontractors, or others for whom it is contractually responsible, Contractor shall pay to Owner as fixed, agreed to liquidated damages, the amount of:

For days 1 through 14: $1,00.00 per Day for each and every partial or full Day of delay in Substantial Completion (the “Step One Liquidated Damages”).

For more than 14 days: $1,500.00 per Day for each and every partial or full Day of delay in Substantial Completion (the “Step Two Liquidated Damages”).

(k) When the Contractor achieves Substantial Completion, the accrual of Step One and/or Step Two Liquidated Damages shall cease and the Contractor shall have thirty (30) Days in which to achieve Final Completion of the Work.

(l) If Final Completion of the Work is not achieved on or before the thirtieth (30th)

Day after Substantial Completion, and if Owner has not granted any extension of time for Final Completion, Contractor shall pay to Owner liquidated damages in the amount of $0.00 for each and every partial or full Day of delay in Final Completion (“Step Three Liquidated Damages”).

(m) The Contractor waives any and all challenges and defenses as to the validity, reasonableness or enforceability of the Step One Liquidated Damages, Step Two Liquidated Damages, and Step Three Liquidated Damages, including any claim that the liquidated damages are void as penalties or are not reasonably related to actual damages.

52. AUDIT OF CONTRACTOR RECORDS

The Contractor, Subcontractors, and Suppliers agree to retain all financial and non-financial books, records, electronic files and other documents relative to this project for a minimum of five (5) years after final payment. Virginia Tech, the Commonwealth of Virginia, and their authorized agents shall have full access and the right to examine any of said materials at any time during the performance of this contract and the 5 year period following final payment.