Appendix B.2 - Agreement_0800- Supplementary Conditions-Phase 2C_3C 5-15-24.docx

SECTION 00800

SUPPLEMENTARY CONDITIONS

TABLE OF CONTENTS

PART I AMENDMENTS TO GENERAL CONDITIONS

Article Number Title

PART I AMENDMENTS TO GENERAL CONDITIONS

These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC Document No. C-700, 2007 edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect.

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY

SC1.01.A.12

Delete Paragraph 1.01.A.12 in its entirety and replace with the following:

12. Contract Documents – The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), Bidding Documents, Notice to Proceed, the Payment, Performance, and Maintenance and Guarantee Bond, warranties/guarantees, these General Conditions, the Supplementary Conditions, the Specifications, and the Drawings as the same are more specifically identified in the Agreement, together with all written amendments, Change Orders, Work Change Directives, Allowance Authorizations, Field Orders, and Engineer’s written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings, other Contractor submittals and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this Paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by Owner to Contractor are not Contract Documents.

SC-1.01.A.29

Add the following sentence to Paragraph 1.01.A.29

The Owner is the Charter County of Wayne, Michigan (“County”). Any references to Owner or County are interchangeable in the Contract Documents, including the General Conditions and Supplementary Conditions.

SC1.01.A.52 through 65.

Add the following new definitions after Paragraph 1.01.A.51:

52. Bid Security – The security designated in the Bidding Documents to be furnished by the Bidder as a guaranty of good faith to enter into a Contract for the Work contemplated if it is awarded to Bidder.

53. Disadvantaged Business Enterprise (DBE) – shall mean a business that meets the requirements of 49 CFR § 26, as amended, and is certified as a DBE by the County’s Division of Human Relations.

54. Excusable Delay - Any delay beyond the control and without the fault or negligence of the Contractor, the Owner, or any other contractor caused by events or circumstances such as, but not limited to, acts of God or of the public enemy, acts of interveners, acts of government other than the Owner, fires, floods, epidemics, quarantine restrictions, freight embargoes, and hurricanes, tornadoes, or new sink holes. Labor disputes and above average rainfall shall give rise only to inexcusable delays.

55. Hold Point – A point in the construction sequence when the construction Contractor is required to stop work on that portion of the project until an inspection has been completed.

56. Maintenance and Guarantee Bond – The bond executed by Contractor and its Surety, upon forms provided by the Owner, guaranteeing the Work was completed in accordance with the Contract Documents and obligating the protection of Owner against any defect and the correction of any defect resulting from faulty materials, equipment, or workmanship, without expense to the Owner.

57. Non-Conformance Report – A report written by the Engineer to document the Contractor’s procedure or Work that does not meet requirements of the Specifications or Contract.

58. Nonprejudicial Delay - Any delay impacting a portion of the Work within the available total float or slack time, and not necessarily preventing completion of the Work within the Contract Time.

59. Payment Bond – The bond executed by Contractor and its Surety, upon forms provided by Owner, guaranteeing the payment of all labor and material claims in connection with the Work as provided by law.

60. Performance Bond – The bond executed by Contractor and its Surety, upon forms provided by the Owner, guaranteeing performance of the Work in accordance with the intent of the Drawings and Specifications and the terms of the Contract as provided by law.

61. Performance Specifications - Specifications that require the manufacturer or supplier of equipment, materials, or systems to design, manufacture, deliver, and install products to achieve specific results under stipulated conditions of operation and in environments described in applicable Specifications sections.

62. Prejudicial Delay - Any excusable or compensable delay impacting the Work and exceeding the total float available in the progress schedule, thus preventing completion of the Work within the Contract Times unless the Work is accelerated.

63. Preoperational Testing - All field inspections, installation checks, water tests, performance tests, and necessary corrections required of Contractor to demonstrate that individual components of the Work have been properly constructed and do operate in accordance with the Contract Documents for their intended purposes.

64. Start-Up Testing - A predefined trial period required for achieving substantial completion during which Contractor is to operate the entire Work (or any part thereof agreed to by the Owner) under actual and simulated operating conditions for the purpose (i) of making such minor adjustments and changes to the Work as may be necessary for the Work to comply with the Contract Documents and (ii) to comply with the final test requirements in the Contract Documents.

65. Allowance Authorization - A document recommended by Engineer which is signed by Contractor and Owner and authorizes and evidences the use of an Allowance under Article 11. An Allowance Authorization will not change the Contract Price or the Contract Times.

SC-1.02.D.1.d

Add Paragraph 1.02.D.1.d, which is to read as follows:

d. has been completed with an unresolved non-conformance report.

ARTICLE 2 - PRELIMINARY MATTERS

SC-2.01.A

Delete Paragraph 2.01.A in its entirety and replace with the following:

A. Within the time specified in the Notice of Award, Contractor shall provide the Owner with the number of original sets of separate Payment, Performance, and Maintenance Bonds and with the number of original sets of Certificates of Insurance meeting the standards found in the Supplementary Conditions, as specified in the Notice of Award. Insurance companies and insurance forms must be standard to the industry and acceptable to the Owner. Failure to submit bonds and/or insurance within the specified time frame will be considered a default and a failure to perform as required by the Bid Bond, which will become the Owner’s property.

SC-2.01.B

Delete Paragraph 2.01.B in its entirety.

SC2.02.A

In Paragraph 2.02.A, delete "ten" in the first line and replace with “one”. And add at the end of the sentence, “and one electronic copy of plans in PDF and AutoCad formats and one copy of the specifications in PDF format”.

SC2.03.A

Delete Paragraph 2.03.A in its entirety and insert the following in its place:

A. A Notice to Proceed may be given at any time within 90 days after the Effective Date of the Agreement. The Contract Time will commence at the time specified in such notice.

SC2.05.A.2

Delete Paragraph 2.05.A.2 in its entirety and replace with the following:

2. a separate preliminary schedule of Shop Drawings and Sample Schedule of Submittals which will list each required submittal and the times for submitting, reviewing, and processing each submittal; the schedules specified in this Paragraph 2.05A.2 may be added to from time to time as determined by the Engineer; and

SC-2.07.A

Delete everything in Paragraph 2.07.A before the sentence starting “Contractor shall have an additional 10 days to make corrections. . .” and insert the following at the beginning:

All schedules are to be submitted prior to the preconstruction meeting.

SC-2.07.A.3

Delete Paragraph 2.07.A.3 in its entirety and replace with the following:

3. Contractor’s Schedule of Values must be acceptable to the Engineer and provide a reasonable allocation of the Contract Price to component parts of the Work.

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

SC3.01.D

Add a new Paragraph 3.01.D which is to read as follows:

D. Each and every provision of Laws and Regulations required by law to be inserted in these Contract Documents shall be deemed to be inserted herein, and they shall be read and enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the application of either party, the Contract Documents shall forthwith be physically amended to make such insertion.

SC-3.04.A

Paragraph 3.04.A is deleted in its entirety and replaced with the following:

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order, an Allowance Authorization or a Work Change Directive.

SC-3.05.A.2

In Paragraph 3.05.A.2 delete everything after “. . . without written consent of Owner. . .”

ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS

SC-4.01.B

Delete Paragraph 4.01.B in its entirety.

SC-4.02.A.1

Delete Paragraph 4.02.A.1 in its entirety and replace with the following:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents. Engineer has relied upon the data obtained from subsurface investigations made at the site in the form of test borings. Such data is in the form of boring logs, which are included in the appendix to the Project Manual and chemical analysis results. The locations of the test borings are indicated on the Drawings. Such logs are not part of the Contract Documents; and

SC-4.02.A.2.a

Add Paragraph 4.02.A.2.a, which is to read as follows:

a. In the preparation of Drawings and Specifications, the Engineer has relied upon certain reports and tests of subsurface physical conditions at the Site. Copies of these reports are included in the appendix to the Project Manual. Such reports are not part of the Contract Documents

SC-4.04.B.2

The first sentence of Paragraph 4.04.B.2 is deleted in its entirety and replaced with the following:

If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive, Allowance Authorization or a Change Order will be issued to reflect and document such consequences.

SC-4.05. A.

In Paragraph 4.05.A, delete "engineering surveys" in the first line and replace with “the base map in AutoCad format”

Add the following new paragraph 4.05B immediately after paragraph 4.05A of the General Conditions, which is to read as follows:

B. Engineer may check the lines, elevations, reference marks, batter boards, etc., set by Contractor, and Contractor shall correct any errors disclosed by such check. Such a check shall not be considered an approval of Contractor’s work and shall not relieve Contractor of the responsibility for accurate construction of the entire Work. Contractor shall furnish personnel to assist Engineer in checking lines and grades.

SC-4.06.G

Delete Paragraph 4.06.G in its entirety

ARTICLE 5 - BONDS AND INSURANCE

SC-5.01

Delete Paragraph 5.01 in its entirety and replace with the following:

5.01 Performance, Payment, Maintenance, and Other Bonds

A. Surety Bonds The contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required.

B. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond.

C. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated, Contractor shall, within 10 days, furnish another bond and surety, both of which shall comply with the requirements of Article 5.

SC-5.02.A

Delete Paragraph 5.02.A in its entirety and replace with the following:

A. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of Michigan and secured through an authorized agent with an office in Michigan.

SC-5.03.B

Delete Paragraph 5.03.B in its entirety.

SC-5.03.E

Delete Paragraph 5.03.E and replace with the following:

E. The insurance and insurance limits herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and Engineer in the Contract Documents.

SC-5.04

Delete Paragraph 5.04 in its entirety and replace with the following:

5.04 Contractor’s Insurance

A. Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons of damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Umbrella or Excess Liability Policy in an amount not less than $5,000,000. Umbrella or Excess policy wording shall be at least as broad as the primary or underlying policy(ies) and shall apply both to the Contractor’s general liability and to its automobile liability insurance and shall be written on an occurrence basis. The County, officials, employees and others as may be specified in any "Special Conditions” shall be named as an additional insured under this policy.

4. Workers’ Compensation insurance as required by the State of Michigan, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

5. Surety Bonds as described above.

6. Professional Liability (if Design/Build), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, the County requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

B. Additional Insured Status. The County, its officers, officials, employees, volunteers, Wade Trim, Inc., Orchard, Hiltz & McCliment, Inc. dba OHM Advisors, G2 Inc. and others as may be specified in any "Special Conditions” shall be additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

C. Primary Coverage. For any claims related to this Contract, the Contractor’s insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, volunteers, Wade Trim, Inc. and Orchard, Hiltz & McCliment, Inc. dba OHM Advisors. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

D. Notice of Cancellation. Each insurance policy shall state that coverage shall not be canceled, except with notice to the County.

M. Payment

The cost of the insurance hereinbefore specified will not be a specific Bid item, but the cost of such insurance will be covered in the various unit prices Bid.

SC-5.06

Delete Paragraph 5.06 in its entirety.

SC-5.07

Delete Paragraph 5.07 in its entirety and replace with the following:

5.07 Waiver of Subrogation

A. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the County for all work performed by the Contractor, its employees, agents and subcontractors.

SC-5.08

Delete Paragraph 5.08 in its entirety.

SC-5.09

Delete Paragraph 5.09 in its entirety.

SC-5.10

Delete Paragraph 5.10 in its entirety.

ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES

SC-6.01.C

Add a Paragraph 6.01.C which is to read as follows:

C. Resident superintendent shall be fluent in English to the level of competency to complete the requirements of Paragraph 6.01.B. Superintendent shall also be fluent in, or have access to a translator for, the primary language of the majority of workers. If a translator is not available, the degree of fluency shall be sufficient to enable the superintendent to complete his/her duties under Paragraph 6.01.A.

SC-6.02.B

Delete Paragraph 6.02.B and replace with the following:

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 stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Regular working hours are defined as eight (8) hours per day, Monday through Saturday, excluding holidays, between the hours of 7:00 a.m. and 6:00 p.m. Requests to work other than regular working hours shall be submitted to Engineer, in writing, not less than 48 hours prior to any proposed additional daily working hours (including second and third shifts), weekend work, or scheduled extended work weeks. All requests to work other than regular working hours must comply with all applicable Laws or Regulations. Requests will be reviewed by Engineer and Engineer will either (1) deny the request or (2) provide Contractor with terms for additional Engineering and/or inspection costs to be paid for by Contractor as a result of overtime work in excess of the regular working hours. Contractor shall agree to Engineer’s terms prior to Engineer approving Contractor’s request to work other than regular working hours.

SC-6.02.C through G

Add Paragraphs 6.02.C through G which are to read as follows:

C. Contractor shall reimburse the Owner for any of the Owner’s additional Engineering and/or inspection costs incurred as a result of overtime work in excess of the regular working hours stipulated in Paragraph SC-6.02.B. Notwithstanding anything to the contrary, Owner’s “regular working hours” for purposes of overtime costs are Monday through Friday between the hours of 7:00 a.m. and 5:00 p.m. At Owner’s option, overtime costs incurred by Owner may either be deducted from the Contractor’s progress payment(s) or deducted from the Contractor’s retention prior to release of final payment. Overtime costs for the Owner’s personnel shall be based on the individual’s current overtime wage rate. Overtime costs for personnel employed by the Engineer shall be calculated in accordance with the terms of its contract with the Owner.

D. Payment for overtime inspection costs will not apply where specific portions of the Work are specified to be performed outside of regular working hours and where, in the sole opinion of the Engineer, the nature of the Work does not require continuous observation by the Engineer of Work in progress. Work which shall invariably be observed shall include all pipe installation, all subgrade preparation and bedding, all reinforcement and cast-in-place concrete placement, and such other Work where the Engineer has limited opportunity to observe important elements of the Work.

E. Reimbursement of Engineering Cost: The Owner’s budget for the Engineer for this Contract is based on the routine duties of the Engineer as generally indicated in the Specifications. Certain actions or lack of actions on the part of the Contractor necessitate additional effort on the part of the Engineer and, hence, Owner costs for engineering above and beyond the costs for routine engineering services. The Contractor shall pay to the Owner the reasonable costs of such additional engineering effort, which shall include the following:

1. Review of Shop Drawings or workings beyond the second submittal.

2. Actions related to Contractor requests for deviations or substitutions from the Contract requirements for the Contractor’s benefit or preference.

3. Observations, investigations, research, and communications relating to construction deviations, errors, or contravention of Contract requirements.

4. Observations of suppliers where deviations from the approved Drawings or Contract requirements are found to be taking place or have taken place.

5. Any other circumstance where the Contractor’s action or lack of action results in unnecessary additional engineering costs to the Owner.

The Engineer or Owner will notify the Contractor, in writing, when one of the above circumstances exists for which reimbursement of engineering costs is required. The Engineer or Owner will be the sole judge of when such circumstances exist and the level of effort involved.

The standard reimbursement rate shall be the actual rate for engineering time plus any travel costs involved. The amount shall be incorporated into a Contract Change Order or otherwise deducted from payment due to the Contractor.

F. This Contract is subject to the applicable provisions of the Contract Work Hours and Safety Standards Act, 40 USC § 3701, et seq. Contractor or any Subcontractor contracting for any part of the Work shall not require nor permit any laborer or mechanic to be employed on the Work in excess of 40 hours in any Work week unless such laborer or mechanic receives compensation at a rate not less than one and onehalf (1 ½) times that person's basic rate of pay for all hours worked in excess of 40 hours in such Work week.

G. Contractor shall employ only competent persons to do the Work and whenever Owner shall notify Contractor, in writing, that any person on the Work appears to be incompetent, disorderly, or otherwise unsatisfactory, such person shall be removed from the Project and shall not again be employed on it except with the written consent of Owner.

SC-6.03.D and E

Add Paragraphs 6.03 D and E, which are to read as follows:

D. The Contract Documents may include performance Specifications, which are identified as such. When used, performance Specifications will specify required results for systems, equipment, and/or materials to be incorporated in the Project, without mandating specific means for achieving the required results. The functional requirements for the systems, equipment, and/or materials are defined together with the operating conditions and/or environment in which they must operate and general standards which must be satisfied. Performance Specifications establish minimum standards that must be met.

E. Under performance Specifications, Contractor, together with its Subcontractors, Suppliers, and manufacturer, are solely responsible for the design, manufacture, and performance of the specified systems, equipment, or materials. Engineer’s review of Shop Drawings for such systems, equipment, or materials is solely to determine that appropriate operating conditions and environment have been referenced by Contractor, Subcontractors, Suppliers, and/or manufacturer, and is not intended for the benefit of Contractor or any other entity. Observations or requirements that Engineer may communicate to Contractor or others are for clarification only and shall not alter the responsibility of any party nor be interpreted to impose on Owner or Engineer any liability to Contractor, Subcontractors, Suppliers, or manufacturers related to systems, equipment, or materials supplied pursuant to a performance Specification. Neither Contractor nor anyone claiming rights by virtue of this Contract or any subcontract or order placed hereunder shall seek to recover from Owner or Engineer any losses or damages suffered as a result of any deficiency, defect, or performance problem in any systems, equipment, or materials supplied pursuant to a performance specification.

SC-6.05A.2.d

Replace Paragraph 6.05 A.2.d in its entirety with the following:

SC-6.05.E.1. and 2

Add Paragraphs 6.05.E.1 and 2 which are to read as follows:

1. Prior to Engineer’s review of a substitute, Engineer will prepare a Work Change Directive to document Engineer’s anticipated costs in reviewing Contractor’s substitute. The Work Change Directive shall be executed prior to Engineer commencing its review.

2. The Work Change Directive will include Engineer’s opinion of the probable hours required to review the substitute. Engineer will notify Contractor if the hours listed on the Work Change Directive are to be exceeded. Engineer’s costs for reviewing a substitute shall be in accordance with its contract with Owner.

SC6.06.A

Delete Paragraph 6.06.A and replace with the following:

A. Contractor shall not employ any Subcontractor, Supplier or other individual or entity (including those who are to furnish the principal items of materials or equipment), whether initially or as a replacement, against whom Owner may have reasonable objection. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity, to furnish or perform any of the Work against whom Contractor has reasonable objection.

SC6.06.B

Delete Paragraph 6.06.B in its entirety.

SC-6.06.E

Add a new sentence at the end of Paragraph 6.06.E which is to read as follows:

Owner or Engineer may furnish to any such Subcontractor, Supplier or other individual or entity, to the extent practicable, information about amounts paid on their behalf to Contractor in accordance with Contractor’s Applications for Payment.

SC-6.06.G

Delete everything in Paragraph 6.06.G after and including the sentence starting “Whenever any such agreement . . . .”

SC-6.07

Delete Paragraph 6.07 in its entirety and replace with the following:

6.07 Patent Fees and Royalties

A. All royalties or other charges for any Contractor provided patent, copyright, trademark, trade secret, or other proprietary right to be used in the performance of the Work shall be considered as included in the price of the Contract Price. Contractor warrants that any products sold or processes used in the performance of this Contract do not infringe upon or violate any patent, copyright, trademark, trade secret or any other proprietary rights of any third party. If a third party makes a claim against the Owner, the Owner must promptly notify the Contractor. The Contractor must defend the claim in the name of the Owner, at the Contractor's expense. The Owner will cooperate with the Contractor and/or its Suppliers in the defense against the suit. In no event shall Contractor make any admission of guilt or liability on behalf of the Owner without the Owner's prior, written consent. The Contractor must indemnify the Owner against any loss, cost, expense or liability arising out of the claim, whether or not the claim is successful.

If the Owner's use of any portion of the products or documentation provided by Contractor as part of its Services under this Contract is enjoined by a court of competent jurisdiction, Contractor shall at its option and expense and within five (5) days of the enjoinment:

1. Procure for the Owner the right to use such infringing portion;

2. Replace such infringing portion with a non-infringing portion providing equivalent functionality; or

3. Modify the infringing portion so as to eliminate the infringement while providing equivalent functionality.

Contractor may delegate its responsibilities under this Paragraph 6.07 to the manufacturer of the allegedly infringing product, provided Contractor has received the advance, written consent of the Owner. Such consent will not be unreasonably withheld or delayed.

SC-6.08.B and 6.08.C

Add Paragraphs 6.08.B and 6.08.C which are to read as follows:

B. Owner has secured or will secure the following permits, approvals and licenses and has paid or will pay any associated charges and fees:

1. Wayne County Construction Permit;

2. Part 41 Wastewater Construction Permit from the Michigan Department of Environment, Great Lakes, and Energy; and

3. Wayne County Sewer Use Permit.

C. Contractor is responsible for obtaining the following permits. All charges and fees associated with acquiring the permits are to be included in the contractor pricing (except as may be set forth below):

1. Soil Erosion and Sedimentation Control Permit from the local County and/or Municipal Enforcement Agency; and All other permits not listed in Paragraph B. above required to complete the work.

SC-6.11.A.1.

Delete the first sentence of Paragraph 6.11.A.1 in its entirety and replace it with the following:

Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site as specified in Appendix D-Specifications, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment.

SC-6.12.A

Delete the first sentence of Paragraph 6.12.A in its entirety and replace it with the following:

Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Allowance Authorizations, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction.

SC-6.13.A

Delete the sentence beginning with “Such responsibility does . . .” in its entirety (the remainder of Paragraph 6.13.A remains unchanged).

SC-6.13.C and D

Delete Paragraphs 6.13.C and D in their entirety.

SC-6.16.A

Delete the last sentence of Paragraph 6.16.A in its entirety and replace it with the following:

If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive, Allowance Authorization or Change Order will be issued.

SC-6.17.A.

Delete the first sentence of Paragraph 6.17.A in its entirety and replace with the following (the remainder of Paragraph 6.17A remains unchanged):

Contractor shall submit Shop Drawings to Engineer for review and approval in accordance with the Acceptable Schedule of Shop Drawings and Sample Submittals including such additional submittals deemed necessary by the Engineer to provide further clarification or due to changes in the Work.

SC-6.18.A

Delete the last sentence of Paragraph 6.18.A beginning with “No Work shall . . .” and replace with the following:

No work shall be delayed or postponed pending resolution of any disputes or disagreements, except if a stop work order in accordance with the Contract Documents has been issued or as Owner and Contractor may otherwise agree in writing.

SC-6.19.D

Add Paragraph 6.19.D which is to read as follows:

D. Manufacturer’s Guaranty/Warranty

1. The Contractor shall obtain the following guaranty/warranty from the manufacturer of all major pieces of equipment furnished and installed on this Project. Such guaranty/warranty shall be for the benefit of Owner and be furnished in writing by the manufacturer. The Contractor’s and manufacturer’s obligations under this provision are in addition to other express or implied warranties under the Contract Documents and under the law and in no way diminish any other right that the Owner may have against the Contractor or manufacturer for faulty material, equipment or work. The warranty period shall not be interpreted as a limitation on the time in which the Owner can enforce such other duties, obligations, rights, or remedies:

The manufacturer warrants and guarantees for a period of one (1) year from the date of Final Completion, or such longer period that may be specified in the Contract Documents, that all materials and equipment furnished and installed shall be free from flaws, defects in material and workmanship and shall be in conformance with the Contract Documents.

SC6.20.D through F

Add Paragraphs 6.20.D through F which are to read as follows:

D. In the event that any claim for damages is made, asserted or threatened against the Owner and/or its officers, agents, employees or elected officials and/or a lien is recorded against the Owner's property as a result of the Contractor's failure to pay for any labor, services, materials, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work to be provided under this Contract, upon written notice, the Owner may withhold from any payments due or to become due to the Contractor under this Contract an amount sufficient, in its judgment, to (1) satisfy, discharge, and/or defend against any such claim or any action which may be brought or judgment which may be recovered thereon, (2) make good any such nonpayment, damage, failure or default, and/or (3) compensate the Owner for and indemnify and hold it harmless against any and all losses, liability, damages, costs and expenses, including legal fees and costs, which may be sustained or incurred in connection therewith. If the amounts withheld under the Contract are insufficient to compensate the Owner for its losses, damages, costs and expenses, the Owner may require the Contractor to make immediate payment of any such deficiency or offset such deficiency against the compensation to be paid the Contractor in any concurrent, successive or future contracts between the parties.

E. In furtherance of but not in limitation of the indemnity provisions in this Contract, the Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and save the Owner harmless as provided in this Contract shall not in any way be affected or diminished by any statutory or constitutional immunity it enjoys from suits by its own employees or from limitations of liability or recovery under worker's compensation laws. The Contractor further agrees that this indemnity does not constitute or act as a waiver of any governmental immunity the Owner, its agencies, officers, employees, agents or elected officials enjoy under applicable statutory or common law.

F. The indemnity provisions in this Contract survive the Contract’s termination.

ARTICLE 7 – OTHER WORK AT THE SITE

SC-7.04

Add Paragraph 7.04, which is to read as follows:

7.04 Other Unrelated Work

A. Should Contractor cause damage to the work 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 or the elected officials, officers, directors, partners, employees, agents, servants, representatives, or other consultants or subcontractors of each, Contractor shall promptly attempt to settle with such other contractor by agreement or to otherwise resolve the dispute by arbitration or at law. The indemnity provisions of Paragraph 6.20 of the General Conditions are applicable to this situation.

B. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Engineer, and construction coordinator and the elected officials, officers, directors, partners, employees, agents, servants, representatives, or 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, Engineer's consultants, or the construction coordinator or the elected officials, officers, directors, partners, employees, agents, servants, representatives or other consultants and subcontractors of each and any of them to the extent said claim is based on or arises out of Contractor's performance of the Work. Should another contractor cause damage to the Work or property of Contractor or should the performance of work by any other Contractor at the Site give rise to any other claim, Contractor shall not institute any action legal or equitable, against Owner, Engineer, or the construction coordinator or the elected officials, officers, directors, partners, employees, agents, servants, representatives, or other consultants and subcontractors of each and any of them, or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from Owner, Engineer, or the construction coordinator or the elected officials, officers, directors, partners, employees, agents, servants, representatives or other consultants and subcontractors of each and any of them, on any such damage or claim.

C. If Contractor is delayed at any time in performing or furnishing Work by an 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 Contract Times in accordance with Article 12. An extension of the Contract Times shall be Contractor’s exclusive remedy with respect to the Owner, Engineer, and construction coordinator for any delay, disruption, interference, or hindrance caused by any other contractor.

ARTICLE 8 – OWNER’S RESPONSIBILITIES

SC-8.06

Delete Paragraph 8.06 in its entirety.

SC-8.11

Delete Paragraph 8.11 in its entirety.

SC-8.12

Delete Paragraph 8.12 in its entirety.

ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION

SC-9.01.A

Delete everything in Paragraph 9.01.A after the first sentence.

SC-9.03.B

Add Paragraph 9.03.B which is to read as follows:

B. Engineer will furnish a Project Representative and assistants to assist Engineer in observing the performance of the Work.

SC-9.10

Delete Paragraph 9.10 in its entirety.

ARTICLE 10 - CHANGES IN THE WORK; CLAIMS

SC - 10.01.A

Delete the first sentence of Paragraph 10.01.A and replace it with the following:

Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, Work Change Directive, or an Allowance Authorization.

SC-10.01.C and D

Add Paragraphs 10.01.C and D which are to read as follows:

C. If Contractor claims (1) that any work it has been ordered to do is not part of the Work required by the Contract Documents, hereinafter referred to as "Extra Work," (2) that it has performed or is going to perform Extra Work, or (3) that any action or omission of Owner or Engineer is contrary to the terms and provisions of the Contract Documents, Contractor shall:

1. Promptly comply with such order;

2. File with Engineer a written notice stating the basis of its claim and a request for a determination thereof, within 14 working days after being ordered to perform the Work claimed by it to be Extra Work, or within 14 working days after commencing performance of the Extra Work, or within14 working days after the action or omission of the Owner or the Engineer occurred, whichever date shall be the earlier.

3. File with Engineer a verified detailed statement, with documentary evidence of the items and basis of its Claim, within 30 calendar days after said alleged Extra Work was required to be performed or said alleged Extra Work was commenced, or said alleged action or omission by Owner or Engineer, whichever date shall be earlier.

4. Produce for Owner's examination, upon notice from Owner, all of Contractor’s books of account, bills, invoices, payrolls, subcontracts, time books, progress records, daily reports, bank deposit books, bank statements, checkbooks and canceled checks showing all of its actions and transactions in connection with or relating to or arising by reason of its Claim, and submit Contractor and its Subcontractors and the officers, directors, partners, employees, agents, servants, representatives, or other consultants of each for examination under oath by any person designated by Owner to investigate any Claims made against Owner under the Contract, such examination to be made at the offices of Owner or Owner's agent;

5. Proceed diligently, pending and subsequent to determination of Owner with respect to any such disputed matter, with the performance of the Contract and in accordance with all instructions of Owner and Engineer.

D. Contractor's failure to comply with any or all of the foregoing provisions of Paragraph 10.01.C shall be deemed to be: (1) a conclusive and binding determination that said order, work action or omission is not additional or Extra Work for Contractor and is not contrary to the terms and provisions of the Contract; and (2) a waiver by Contractor of all Claims for additional compensation or damages as a result of said order, work action or omission.

1. Only the Owner may waive or modify any of the foregoing provisions, which must be done so in writing and signed by the Owner. In any action against Owner to recover any sum in excess of the sum certified by Owner to be due under or by reason of the Contract, Contractor must allege in its complaint and prove at trial compliance with the provisions of Paragraph 10.01.C.

2. Nothing in this Paragraph 10.01.C or D shall in any way affect Owner's right to obtain an examination of Contractor before trial or discovery and inspection in any action that might be instituted by or against Owner or Contractor.

SC-10.05.G

Add Paragraph 10.05.G which is to read as follows:

G. If the provisions of Paragraph 10.05 conflict with the provision of Article 15, the provisions of Paragraph 10.05 shall be superseded by the provisions of Article 15 of the General Conditions, as amended by the Supplementary Conditions.

SC-10.06

Add Paragraph 10.06, which is to read as follows:

10.06 Change in Work Quotation

A. At any time Engineer may request a quotation from Contractor for a proposed change in the Work. Within 21 calendar days after receipt of a request for a quotation for a proposed change, Contractor shall submit to Engineer a written and detailed proposal for an increase or decrease in the Contract Price or Contract Times for the proposed change. Engineer shall have 21 calendar days after receipt of the detailed proposal to respond in writing. The proposal shall include an itemized estimate if all cost and time for performance that will result directly or indirectly from the proposed change. Unless otherwise directed, itemized estimates shall be in accordance with Articles 11 and 12 and in sufficient detail reasonably to permit an analysis by Engineer of all material, labor, equipment, subcontracts, overhead costs and fees, and shall cover all Work involved in the change, whether such Work was deleted, added, changed, or impacted. Any amount claimed for subcontracts shall be similarly supported. Itemized schedule adjustments shall be in sufficient detail to permit an analysis of impact as required by the Contract Documents. Notwithstanding the request for quotation, Contractor shall carry on the Work and maintain the progress schedule. Delays in the submittal of the written and detailed proposal will be considered non-prejudicial as defined in the Supplementary Conditions.

SC-10.07

Add Paragraph 10.07, which is to read as follows:

10.07 Equitable Adjustment To Contract

A. The adjustment in the Contract Price and/or Contract Times stated in the Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the Work or changes defined in the Change Order. By executing the Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected Work under this Contract.