Attachment C - Supplemental Conditions.pdf

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Motts Run WTP Expansion & Rehabilitation - Phase 2 Supplementary Conditions Spotsylvania County, VA Page 1 of 11

ATTACHMENT E - SUPPLEMENTARY CONDITIONS

The Supplementary Conditions supplement and/or amend the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions, which are not so supplemented and/or amended, remain in full force and effect.

ARTICLE 1 – CONTRACT DOCUMENTS/PRELIMINARY MTTERS

1.1 Definitions

1.1.1 Progress Schedule

Contractor’s time-based schedule that apportions the construction work into detailed, discrete activities, with start and end dates assigned to each. Also referred to as Contractor’s Construction Schedule. Refer to Section 013200 Construction Progress Documentation for administrative and procedural requirements for documenting the progress of construction during performance of the Work.

1.2 Initial Acceptance of Schedule

1.2.1 Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by Contractor, A/E/CM, and others as appropriate will be held to review for acceptability to A/E/CM and Owner. Contractor shall have five (5) days following such conference to make corrections and adjustments in accordance with the recommendations of Owner or A/E/CM, and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to A/E/CM and Owner. Upon review and acceptance by Owner and A/E/CM of the Progress Schedule and Milestone dates, the Progress Schedule shall be deemed part of the Contract Documents and attached to the Contract as an Exhibit.

1.2.2 The Progress Schedule will be acceptable if it provides, in such detail as A/E/CM and Owner may require, an orderly progression of the Work to completion within the specified Milestones and within the Contract Times and shall encompass all of the work of all trades necessary for construction of the Project. Such acceptance will not impose on A/E/CM or Owner any responsibility whatsoever for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

Contractor acknowledges and agrees that the only contractually-mandated dates in the Owner-Contractor Agreement are the dates required by the Contract Times; that except for said dates, the Progress Schedule is Contractor’s plan or estimate for the Work which may be revised from time-to-time; that the general flow of the Work and the duration and sequence of the various activities are flexible and that same may be subject to revision as conditions warrant or require; and that all such revisions shall be made in strict accordance with the requirements of the Contract

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Documents and consistent with Contractor’s obligations and responsibilities to Owner, A/E/CM, and separate contractors, if any. Review or acceptance by Owner or A/E/CM of any plan, Progress Schedule or method of Work proposed by Contractor shall not relieve Contractor of complete responsibility therefor, and such review shall not be considered as an assumption of any risk or liability by A/E/CM or Owner or any officer, agent or employee thereof. Contractor shall have no claim against Owner or A/E/CM due to the failure or inefficiency of any plan, Progress Schedule, or method so reviewed or accepted. Any method of Work suggested by Owner or A/E/CM, but not specified, shall be used at the sole risk and responsibility of Contractor, and Owner or A/E/CM shall have no responsibility therefor. Contractor alone shall be responsible for the safety, adequacy and efficiency of its Progress Schedule, plan, equipment, and means and methods.

1.2.3 Contractor’s schedule of Shop Drawing, Product Data and Sample submittals will be acceptable to Owner and A/E/CM if it provides a timely and efficient arrangement for reviewing and processing the required submittals consistent with the accepted Progress Schedule.

1.2.4 Contractor’s schedule of values will be acceptable to A/E/CM and Owner as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work.

1.2.5 If Contractor's Construction Schedule indicates that Owner or a separate Contractor is to perform an activity by a specific date, or within a certain duration, Owner or any separate Contractor shall not be bound to said date or duration unless Owner expressly and specifically agrees in writing to same; the Owner's overall review and approval or acceptance of the schedule does not constitute an agreement to specific dates or durations for activities of the Owner or any separate contractor.

1.3 Progress Schedule

1.3.1 Acceptance or Approval by the Owner of the Progress Schedule is advisory only and shall not relieve the Contractor of the responsibility for accomplishing the Work within each and every required Milestone and Contract Times. Omissions and errors in the approved Progress Schedule shall not excuse performance which is not in compliance with the Contract. Acceptance or Approval by the Owner in no way makes the Owner an insurer of the Construction Schedule's success or liable for time or cost overruns flowing from its shortcomings. The Owner hereby disclaims any obligation or liability by reason of Owner approval of the Progress Schedule.

1.3.2 If the Contractor should submit a schedule or express an intention to complete the

Work earlier than any required Milestone or Contract Times, the Owner shall not be liable to the Contractor for any costs or delay should the Contractor be unable to complete the Work before such Milestone or Contract Times. The duties, obligations and warranties of the Owner to the Contractor shall be consistent with

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1.3.3 Contractor shall consult with and obtain information from principal Subcontractors necessary in preparation of the schedules, updates and revisions required herein.

Contractor shall provide each principal Subcontractor with copies of the Progress Schedule and any revisions or updates affecting a Subcontractor's work.

Contractor shall hold appropriate progress meetings with Subcontractors and shall direct and coordinate the work of Subcontractors consistent with and as required herein. Owner and A/E/CM shall have the right to attend Subcontractor progress meetings but shall not be required to participate in such meetings or provide information to Subcontractors, except through the Contractor. Contractor shall keep up to date minutes of Subcontractor progress meetings and shall provide same to Owner. The Contractor shall ensure that each Subcontractor, Sub subcontractor or supplier acknowledges and accepts the requirements of the Progress Schedule relating to their part of the Work.

1.3.4 The Contractor's Superintendent shall maintain at the job site, an approved

Construction Schedule, indicating actual monthly progress for those portions of the Project on which work has been or is being performed.

1.3.5 Owner shall have the right to approve or disapprove any scheduling consultant that may be selected or retained by Contractor.

1.3.6 Contractor covenants and guarantees that Contractor will not:

1.3.6.1 Misrepresent to Owner its planning and scheduling of the Work;

1.3.6.2 Utilize schedules materially different from those made available to the Owner or any Subcontractors for the direction, execution and coordination of the Work, or which are not feasible or realistic;

1.3.6.3 Prepare schedules, updates, revisions or reports which do not accurately reflect Contractor's actual intent or Contractor's reasonable and actual expectations as to:

1.3.6.4 The sequences of activities,

1.3.6.5 The duration of activities,

1.3.6.6 The responsibility for activities,

1.3.6.7 Resource availability,

1.3.6.8 Labor availability or efficiency,

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1.3.6.10 The value associated with the activity,

1.3.6.11 The percentage complete of any activity,

1.3.6.12 Completion of any item of work or activity,

1.3.6.13 Project completion,

1.3.6.14 Delays, slippages, or problems encountered or expected,

1.3.6.15 Subcontractor requests for time extension, or delay claims of subcontractors, and

1.3.6.16 If applicable, the float time available.

1.3.7 Contractor's failure to substantially comply with the foregoing covenant and guarantee of 1.3.6 shall be a substantial and material breach of contract which will permit Owner to terminate Contractor for default, or withhold payments under the Contract Documents, and shall entitle Owner to the damages afforded for misrepresentation or fraud by these Contract Documents or applicable law.

1.3.8 Should Contractor fail to substantially comply with the provisions of the Contract

Documents relating to scheduling and execution of the Work by the overall Project schedule, Owner shall have the right, at its option, to retain the services of scheduling consultants or experts (including attorneys if necessary in the opinion of the Owner) to prepare schedules, reports, updates and revisions of the schedule in accordance with the Contract Documents and to review and analyze same, in order to allow Owner and A/E/CM to evaluate the program of the Work by Contractor, to determine whether Contractor is substantially complying with the Contract Documents, and to direct such action of the part of the Contractor, as permitted by the Contract Documents, as required to ensure, under the Owner's schedule prepared hereunder, that Contractor will complete the Work within the Contract Time. All costs and expenses and fees incurred by Owner in preparing the schedule hereunder shall be back-charged to Contractor via a deductive change order. If Contractor fails to substantially comply with the scheduling and execution of the work requirements of the Contract Documents, Contractor hereby agrees, in such instance, to comply with such Owner prepared schedules, if any, or directions, and activity sequences and durations as Owner may reasonably require, without additional cost to the Owner (subject only to cost adjustments for such changes in the Work as Owner may direct), to ensure completion within the Contract Time.

1.3.9 Progress Schedule Update

1.3.9.1 Contractor shall adhere to the Progress Schedule established in accordance with Section 1.2 as it may be adjusted from time to time as provided below.

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1.3.9.1.1 Contractor shall submit to Owner and A/E/CM for

acceptance (to the extent indicated in Section 1.2) proposed adjustments in the Progress Schedule that do not change the Contract Times (or Milestones). Such adjustments will conform generally to the Progress Schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto.

1.3.9.1.2 Proposed adjustments in the Progress Schedule that will change the Contract Times (or Milestones) shall be submitted in strict accordance with the requirements of the General Conditions Articles 9. Such adjustments shall only be made by a Change Order in strict compliance with the General Conditions Articles 9.

1.3.9.2 The Progress Schedule shall be updated on a monthly basis throughout the entire Contract time and until Project Final Completion. Contractor shall meet with Owner and A/E/CM each month at a Progress Schedule Update Meeting to review the actual progress made through the data date of the Progress Schedule Update, including the dates upon which activities started and/or were completed, and the percentage of Work completed on each activity. Contractor shall be represented at such meetings by personnel with decision-making authority who are familiar with the Progress Schedule and current status of Contractor’s Work.

Contractor shall report the status of its Work and interfaces with other contractors, if any, as requested by A/E/CM. The data date of each Progress Schedule Update Meeting shall be the 25th day of the month.

Contractor-prepared estimates of the percentage of completion of each schedule activity, together with the necessary supporting data, shall be submitted at least three (3) working days prior to the data date referenced above and shall included the following information:

1.3.9.2.1 One (1) original and three (3) marked-up copies of the previous month’s Progress Schedule Update, indicating actual activity start and/or complete dates, revised remaining durations and percentage complete with regard to activity cost;

1.3.9.2.2 A list of additions, deletions, or revisions to the previously-accepted schedule logic, activity durations, manpower requirements, or activity costs; and

1.3.9.2.3 Any additional written information necessary to support any of the above.

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1.3.9.3 In case of disagreements at the Progress Schedule Update Meeting concerning actual progress to-date, Owner’s determination shall govern.

1.3.9.4 Upon completion of the Progress Schedule Update Meeting, Contractor will revise and update the Progress Schedule to reflect actual progress as of the data date and any agreed-to revisions of the Progress Schedule.

1.3.9.5 The Progress Schedule Update will be delivered to Owner and A/E/CM within ten (10) working days of the date of the Progress Schedule Update Meeting and will include three (3) copies of the following information:

1.3.9.5.1 A list of all activities completed during the preceding month;

1.3.9.5.2 A list of all activities partially completed during the preceding month; and

1.3.9.5.3 A list of any additions, deletions or revisions to the schedule logic, activity durations, manpower requirements, or activity costs.

1.3.9.6 After receipt of the Progress Schedule Update, Contractor shall prepare and submit to Owner along with its Application for Payment a monthly narrative report indicating those activities Contractor plans to work on during the next month, problem areas, current or anticipated conditions which may delay the Work, and explaining any corrective actions taken or proposed.

1.3.9.7 The monthly updating of the Progress Schedule shall be an integral part and basic element of the estimate upon which partial payments will be made. Submission by Contractor, to the satisfaction of Owner, of all information required to accomplish a Progress Schedule Update, or revision, as specified herein, shall be a condition precedent to any obligation of Owner to consider any Application for Payment.

1.3.10 Progress Schedule Revisions

1.3.10.1 If, as a result of the monthly Progress Schedule Update, or for any other reason, it is the opinion of Owner that the Progress Schedule no longer represents the actual planned prosecution and the actual progress of the Work, Owner will request that Contractor revise the Progress Schedule to reflect its current planning. Contractor shall submit to Owner in writing, a schedule analysis illustrating the influence, if any, of the proposed schedule revision on the Contract Times. Such schedule analysis shall be submitted to the satisfaction of Owner prior to the next Progress Schedule Update meeting. Compliance with such submittal

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1.3.10.2 Contractor may also request reasonable revisions to the Progress

Schedule in the event that its planning for the Work is revised. If Contractor desires to make changes in the Schedule to reflect revisions in its planned methods of operating and scheduling of the Work, Contractor shall notify Owner in advance and in writing, stating the reason for the proposed revisions and submit therewith to Owner a schedule analysis illustrating the influence, if any, of the proposed schedule revisions on the Contract Times. Each such schedule analysis shall demonstrate how Contractor proposes to incorporate the proposed schedule revision into the Progress Schedule. The schedule analysis shall demonstrate the time impact of the proposed schedule revision as of the date upon which the revision is proposed to be initiated, reflecting the projected status of the Work at that time, and provide the event time computations of all affected activities if the proposed revisions were to be accepted by Owner. Accepted revisions will be incorporated into the Progress Schedule at the next monthly Progress Schedule Update Meeting.

1.3.10.3 If a revision to the Progress Schedule is contemplated, Contractor or

Owner shall so advise the other in writing at least seven (7) days prior to the next Progress Schedule data date, describing the proposed revision and specifically setting forth the reason(s) for such revision.

1.3.10.4 Owner-initiated revisions to the Progress Schedule will not be incorporated into the Progress Schedule without written notice to Contractor, who shall respond in writing within seven (7) days, either agreeing with the Owner’s proposed revision or setting forth justification as to why it should not be made. If Contractor’s justification for not making the revision is accepted, such revision will not be incorporated into the Progress Schedule. Contractor’s failure to respond in writing within seven (7) days will be deemed to be an acceptance of Owner-initiated revisions and such revisions will be incorporated into the Progress Schedule in the next Progress Schedule Update.

1.3.10.5 Requests for revisions of activity manpower, activity costs or the redistribution of activity costs shall be made in accordance with the requirements of this Article.

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ARTICLE 2 – ARCHITECT/ENGINEER/CONSTRUCTON MANAGER

2.1 Limitations on A/E/CM’s Authority and Responsibilities

2.1.1 The Resident Project Representative (RPR)

2.1.1.1 General: RPR's dealings in matters pertaining to the Work in general shall be with Owner, A/E/CM and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor.

2.1.1.2 Schedules: Review the progress schedule, schedule of Shop Drawing and

Sample submittals, and Schedule of Values prepared by Contractor and consult with Owner and A/E/CM concerning acceptability.

2.1.1.3 Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings, and prepare and circulate copies of minutes thereof.

2.1.1.4 Liaison:

2.1.1.4.1 Serve as Owner and A/E/CM’s liaison with Contractor.

Working principally through Contractor's authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents.

2.1.1.4.2 Assist in obtaining from Owner additional details or information, when required for proper execution of the Work.

2.1.1.5 Interpretation of Contract Documents: Report to Owner and A/E/CM when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Owner and A/E/CM.

2.1.1.6 Shop Drawings and Samples:

2.1.1.6.1 Record date of receipt of Samples and Contractor-approved Shop Drawings.

2.1.1.6.2 Receive Samples which are furnished at the Site by Contractor and notify Owner and A/E/CM of availability of Samples for examination.

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2.1.1.6.3 Advise Owner and A/E/CM and Contractor of the

commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Owner and A/E/CM.

2.1.1.7 Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, if any, to Owner and A/E/CM.

Transmit to Contractor in writing decisions as issued by Owner and

A/E/CM.

2.1.1.8 Review of Work and Rejection of Defective Work:

2.1.1.8.1 Conduct on-Site observations of Contractor's work in progress to assist Owner and A/E/CM in determining if the Work is in general proceeding in accordance with the Contract

2.1.1.8.2 Report to Owner and A/E/CM whenever RPR believes that any part of Contractor's work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Owner and A/E/CM of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval.

2.1.1.9 Inspections, Tests, and System Start-ups:

2.1.1.9.1 Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof.

2.1.1.9.2 Observe, record, and report to Owner and A/E/CM

appropriate details relative to the test procedures and systems start-ups.

2.1.1.10 Records:

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2.1.1.10.1 Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Owner and A/E/CM.

2.1.1.10.2 Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment.

2.1.1.10.3 Maintain records for use in preparing Project documentation.

2.1.1.11 Reports:

2.1.1.11.1 Furnish to Owner and A/E/CM periodic reports as required of progress of the Work and of Contractor's compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals.

2.1.1.11.2 Draft and recommend to Owner and A/E/CM proposed

Change Orders, Work Change Directives, and Field Orders.

Obtain backup material from Contractor.

2.1.1.11.3 Immediately notify Owner and A/E/CM of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, force majeure or delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition.

2.1.1.12 Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Owner and A/E/CM, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work.

2.1.1.13 Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Owner and A/E/CM for review and forwarding to Owner prior to payment for that part of the Work.

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2.1.1.14 Completion:

2.1.1.14.1 Participate in Owner and A/E/CM’s visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected.

2.1.1.14.2 Participate in Owner and A/E/CM’s final visit to the Site to determine completion of the Work, in the company of Owner and Contractor, and prepare a final punch list of items to be completed and deficiencies to be remedied.

2.1.1.14.3 Observe whether all items on the final list have been completed or corrected and make recommendations to Owner and A/E/CM concerning acceptance and issuance of the notice of acceptability of the work.

2.1.2 The RPR shall not:

2.1.2.1 Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items).

2.1.2.2 Exceed limitations of A/E/CM's authority as set forth in the Contract

2.1.2.3 Undertake any of the responsibilities of Contractor, Subcontractors, or

Suppliers.

2.1.2.4 Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences, or procedures of Contractor's work.

2.1.2.5 Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.

2.1.2.6 Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Owner and A/E/CM.

2.1.2.7 Accept Shop Drawing or Sample submittals from anyone other than Contractor.

2.1.2.8 Authorize Owner to occupy the Project in whole or in part.