EXHIBIT_P_-_SECTION_00800_UMBC_Amendments_to_UMB_Gen._Con._2020-_GC_Con._-_2022-03-28.pdf

UMBC AMENDMENTS DATED MARCH 28, 2022 TO

UMB GENERAL CONDITIONS – 12 OCTOBER 2020 00800 - 1

SECTION 00800

UNIVERSITY OF MARYLAND, BALTIMORE COUNTY

AMENDMENTS TO THE UNIVERSITY OF MARYLAND, BALTIMORE

STANDARD GENERAL CONDITIONS OF CONSTRUCTION CONTRACT DATED OCTOBER 12, 2020

FOR CONTRACTS WITH GENERAL CONTRACTORS

03/28/2022 REVISION

1. Table of Contents: Revise Section titles as follows:

a. “2.07 SHOP DRAWINGS” to read “2.07 SHOP DRAWINGS AND SUBMITTALS”.

b. “4.12 AUTHORITY OF OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY” to read

“4.12 AUTHORITY OF OFFICE OF ENVIRONMENTAL SAFETY AND HEALTH”.

2. General: Replace personal pronouns in the locations indicated below:

a. Revise “his” to read “its”:

1. Section 1.01 Definitions, Paragraph defining “Payment Bond and Performance Bond”, Line 2 and line 3.

2. Paragraph 1.03 C, Line 1.

3. Paragraph 2.01 B, Line 2.

4. Paragraph 4.05 A, Line 1.

5. Paragraph 5.02 A, Line 6; and 5.02 C, Line 1.

6. Paragraph 6.15 E, Line 2.

7. Paragraph 7.06 A, Line 1; and 7.06 D, Line 2.

8. Paragraph 7.11 C, Line 7; and 7.11 G, Line 3.

9. Paragraph 7.12 A, Line 9.

10. Paragraph 7.13 B, Line 1.

11. Paragraph 7.18 B, Line 5.

12. Subparagraph 8.02 A (8), Line 1; and 8.02 C (6), Line 7.

13. Section 8.03, Line 1.

14. Paragraph 8.10 B, Line 1.

15. Paragraph 9.01 D, Line 1; and 9.01 I, Line 1 (“its” organization).

16. Paragraph 9.03 B, Line 2.

17. Paragraph 9.04 A, Line 3.

18. Subparagraphs 9.04 B (4), Line 1; and 9.04 C (2), Line 2; and 9.04 C (4), Line 1;

and 9.04 C (7), Line 2.

19. Paragraph 9.05 A, Line 2.

20. Subparagraph 9.05 C (6), Line 3.

UMB GENERAL CONDITIONS – 12 OCTOBER 2020 00800 - 2

b. Revise “his” to read “the Contractor’s”:

1. Paragraph 1.03 A, Line 1; and 1.03 B, Line 1 and 2.

2. Subparagraph 1.03 E (3), Line 2.

3. Paragraph 4.03 A, Line 4.

4. Paragraph 6.08 A, Line 4.

5. Paragraph 7.11 C, Line 2; and 7.11 K, Line 5.

6. Paragraph 7.12 A, Line 4 and Line 10.

7. Paragraph 8.01 E, Line 7.

c. Revise “his” to read “the Procurement Officer’s”:

1. Section 6.17, Line 11.

2. Paragraph 7.09 B, Line 3.

3. Subparagraph 7.12 D (2), Line 5 and Line 6.

d. Revise “his” to read “their”:

1. Paragraph 9.01 A, Line 4.

2. Paragraph 9.01 I, Line 2 (“their” other duties).

3. Section 9.08, Line 4.

e. Revise “he” to read “the Contractor”:

1. Section 1.01 Definitions, Paragraph defining “Notice to Proceed”, Line 1.

2. Section 1.01 Definitions, Paragraph defining “Payment Bond and Performance Bond”, Line 3.

3. Paragraph 1.03 A, Line 1.

4. Paragraph 2.05 B, Line 2.

5. Subparagraph 2.06 A (2), Line 10.

6. Section 3.04, Line 1 and line 6.

7. Paragraph 4.04 A, Line 2, Line 4, and Line 5.

8. Paragraph 5.01 A, Line 3; and 5.01 G, Line 2.

9. Subparagraph 5.02 D (2), Line 1.

10. Paragraph 5.03 A, Line 2.

11. Paragraph 6.01 E, Line 2.

12. Section 6.03, Line 1 and Line 7.

13. Paragraph 6.16 A, Line 2.

14. Paragraph 7.11 G, Line 4.

15. Paragraph 7.12 A, Line 9.

16. Paragraph 7.17 C, Line 1.

17. Subparagraph 8.01 E (1), Line 2.

18. Paragraph 9.01 H, Line 3.

19. Paragraph 9.03 B, Line 1 and Line 2.

UMB GENERAL CONDITIONS – 12 OCTOBER 2020 00800 - 3

f. Revise “he” to read “it” in Paragraph 2.01 B, Line 2.

g. Revise “he” to read “the Procurement Officer”:

1. Paragraph 3.03 A, Line 6.

2. Paragraph 7.09 A, Line 2.

3. Subparagraph 7.11 B (5), Line 3.

h. Revise “he” to read “the Architect” in Paragraph 4.01 A, Line 2, Line 3, Line 4, and Line 6 (twice).

i. Revise “he” to read “the Inspector” in Paragraph 4.06 A, Line 4, Line 5, and Line 7.

j. Revise “he” to read “the Superintendent” in Paragraph 9.01 G, Line 29.

k. Revise “himself to read “itself” in Section 3.04, Line 1, Line 7, and Line 11.

l. Revise “him” to read “the Contractor”:

1. Section 1.01 Definitions; Paragraph defining “Contract”, Line 3.

2. Section 3.04, Line 11.

3. Section 3.05, Line 3.

4. Paragraph 4.03 B, Line 5.

5. Paragraph 4.05 A, Line 4.

6. Paragraph 5.06 C, Line 2.

7. Section 7.10, Line 2.

8. Section 7.16, Line 1.

9. Subparagraph 8.02 A (2), Line 4.

10. Section 9.02 E, Line 8.

11. Section 9.03 B, Line 3.

12. Subparagraph 9.04 C.2, Line 4.

m. Revise “him” to read “the entity” in Section 1.01 Definitions, Paragraph defining “Written Notice”, Line 3.

n. Revise “him” to read “the Procurement Officer” in Paragraph 7.11 C, Line 8.

o. Revise “him” to read “the subcontractor” in Subparagraph 9.04 C.2, Line 3.

3. Section 1.01 Definitions: Add the following defined term and definition:

b. UMBC: University of Maryland, Baltimore County.

4. Section 1.01 Definitions: Revise “Related Sections” and its definition to read:

“Related Requirements” – A phrase used in the specifications to identify documents or other specification sections with specific information that the reader might expect to find in this Section, but is specified elsewhere. The purpose of this cross referencing is for information only. Coordination of the Work is the duty of the Contractor.

5. Paragraph 1.03 D: Delete second sentence regarding Contractor’s Confined Space Program.

Safety requirements are included elsewhere in the Contract Documents.

UMB GENERAL CONDITIONS – 12 OCTOBER 2020 00800 - 4

6. Subparagraph 1.03 E (2): Revise second sentence to read:

The Contractor shall not cut or otherwise alter the work of the University and of such separate contractor unless so directed and authorized in writing by the University.

7. Subparagraph 1.03 G (1):

a. In line 3, revise “University and any Client University” to read:

University of Maryland, Baltimore and the University of Maryland, Baltimore County

b. In line 23, revise “University, the State, and the Client University,” to read:

University of Maryland, Baltimore; the University of Maryland, Baltimore County;

and the State;

8. Section 2.02:

a. Revise the title of this Section to “Execution of Contract”

b. Delete the first paragraph in its entirety and replace with the following:

The University’s Department of Procurement and Strategic Sourcing shall forward the formal contract and other applicable contract forms (including, but not limited to, Contract Affidavit, Minority Business Enterprise forms per the solicitation, and Performance and Payment Bond forms) to the Contractor for signature. The signed Contract and applicable forms and required insurance certificates/ documents are to be provided to the Procurement Officer within ten (10) days after receipt of the Contract.

c, Delete the second paragraph in its entirety and replace with the following:

After receipt of the properly executed contract forms, and other applicable forms, the Department of Procurement & Strategic Sourcing will execute the Contract and forward the Contractor a copy.

d. Delete the following from the third paragraph: “and/or Contract Amendment”.

9. Paragraph 2.04 D: In line 2, revise “UMB’s Department of Procurement Services” to read:

University’s Department of Procurement and Strategic Sourcing

10. Subparagraph 2.06 A (1): In line 4, revise “Document” to read “Documents”.

11. Subparagraph 2.06 A (4): Starting in line 2, add the following sentence:

Portions of the Contract Documents may be distributed by the University in electronic format. Such electronic distribution shall identify the applicable portions of the Contract Documents.

12. Subparagraph 2.06 A (7)(d): Revise “Divisions 1 through 16” to read “Divisions 01 through 48”.

13. Subparagraph 2.06 B (1): Revise subparagraph to read:

Copies Furnished: The University will furnish the Contractor with electronic copies of the drawings and specifications in PDF format. Refer to Division 01 General Requirements of individual projects for terms, conditions, and availability of construction documents in other formats.

14. Section 2.07 SHOP DRAWINGS: Revise title of Section to read:

SHOP DRAWINGS AND SUBMITTALS

UMB GENERAL CONDITIONS – 12 OCTOBER 2020 00800 - 5

15. Paragraph 2.07 A: Revise paragraph to read:

After checking and verifying field measurements and after complying with applicable procedures specified in the Contract Documents, Contractor shall submit shop drawings and other submittals to the Architect for review and approval. Submit in accordance with Contractor’s schedule. Shop drawings and other submittals shall bear a stamp or specific written indication that Contractor has satisfied their responsibility under the Contract Documents with respect to the review of such submissions. The data on shop drawings or other submittals must be complete with respect to quantities, dimensions, specified performance and/or design criteria, materials and similar data to enable the Architect to review the information as required. These documents shall be prepared in conformity with the best practice and standards for the trade concerned. Due regard shall be given to speed and economy of fabrication and erection.

16. Paragraph 2.07 B: Revise paragraph to read:

Shop drawings and other submittals must show the name of the project and the University project number.

17. Paragraph 2.07 C: Revise paragraph to read:

Size of Drawings: Shop drawings and details submitted to the Architect for approval shall be provided on sheets that are of a size comparable to the size provided by the Architect. Drawings shall be of a logical order and legible. Shop detail provided on a letter-size sheet (8-1/2 by 11-inches) is acceptable for small schedules and details.

18. Paragraph 2.07 E: Delete paragraph regarding number of copies required.

19. Paragraph 2.07 F: In line 1, revise “shop drawings” to read “shop drawings and other submittals”.

20. Paragraph 2.07 H: In line 2 and line 3, revise “drawings” to read “shop drawings or other submittals”.

21. Paragraph 2.07 I: In line 3, revise “drawings” to read “shop drawings and other submittals”.

22. Paragraph 2.07 J: In line 2 and line 3, revise “shop drawings” to read “shop drawings or other submittals”.

23. Paragraph 2.07 J: In line 5 and 6, revise “within five (5) days of the additional or less cost involved” to read:

“within 5-days of receiving the rejection or notation on the shop drawing or submittal.”

24. Section 3.01 INTENT OF THE CONTRACT DOCUMENTS: Beginning on line 2, add the following sentence:

The intent of the Contract Documents includes provisions of Section 2.06 CONTRACT

DOCUMENTS.

25. Paragraph 3.06 (Changes in the Work) (G): In line 5, change $2,000.00 to $5,000.00

26. Paragraph 4.01 A:

a. In line 2, revise “drawings” to read “drawings or specifications”.

b. In line 8, revise “insure” to read “ensure”.

27. Paragraph 4.04 A: In line 5, add the following after “discover”:

and request an interpretation.

28. Paragraph 4.04 B: In line 1, Revise “every other week” to read “as indicated”.

UMB GENERAL CONDITIONS – 12 OCTOBER 2020 00800 - 6

29. Paragraph 4.06 D: Delete the last sentence regarding “any work performed during the inspector’s absence”.

30. Paragraph 4.09 B: Starting in line 1, revise the second sentence to read:

The Contractor shall use all reasonable precautionary measures to avoid damage or loss that might result from accumulations of water. Concentrations of drainage shall be diverted or dispensed when necessary to prevent damage to excavation, embankments, surfaces, structures, or property.

31. Section 4.12 Authority of Office of Environmental Health and Safety: Revise section to read:

4.12 AUTHORITY OF UNIVERSITY OFFICE OF ENVIRNOMENTAL SAFETY AND HEALTH

A. The University Office of Environmental Safety and Health (ESH) provides various services and tools to support a healthy and safe environment for the university community. ESH is authorized to inspect the work being performed and materials being furnished. In the event ESH learns of an unsafe condition, ESH is authorized to suspend the work (after notice to the Procurement Officer) until the unsafe condition is cured by the Contractor. Unsafe condition shall mean any practice or physical condition that represents a significant risk of injury or property damage.

B. When confined space work is required, Contractor shall submit proof of a Confined Space Program to the University Office of Environmental Safety and Health.

C. Contractor shall submit a Fall Protection and Prevention Plan to the University Office of Environmental Safety and Health not less than 10-days before commencing work involving fall hazards. The Fall Protection and Prevention Plan shall be site specific and address fall hazards in the work place during different phases of construction. Contractor shall provide a Fall Protection and Prevention Plan prepared and signed by a qualified person who, by possession of a recognized degree, certificate or professional standing, or who by extensive knowledge, training and experience, has successfully demonstrated their ability to solve or resolve problems relating to fall prevention and protection. Plan shall Include fall protection and prevention systems, equipment and methods employed for each phase of work, roles and responsibilities, assisted rescue, self-rescue and evacuation procedures, training requirements, and monitoring methods. Keep and maintain the accepted Fall Protection and Prevention Plan documentation at the job site for the duration of the project.

32. Paragraph 4.13 A: Revise paragraph to read:

Provide identification badges or other means acceptable to the University to visibly identify employees and subcontractors at the project site.

33. Paragraph 4.13 B: Revise paragraph to read:

Commercial vehicles and mobile equipment shall be clearly identified on both sides of the vehicle or equipment with the name of its owner or operator.

34. Paragraph 4.13 C: Add this paragraph as follows: (as UMB GCs do not have a 4.13C any longer)

The Contractor shall require its personnel and trade contractors’ personnel to wear identification badges at all times on campus.

35. Section 4.15 Parking: Revise section to read:

Parking of employees of the Contractor and their subcontractors shall be the responsibility of the Contractor and their subcontractors. Follow parking rules of the University for Contractor parking.

UMB GENERAL CONDITIONS – 12 OCTOBER 2020 00800 - 7

35. Section 4.16 Keys: Revise Section to read:

For temporary use of University keys, Contractor shall follow University procedures for key control and temporary usage. University keys are required to be signed-out and returned on a daily basis.

36. Section 4.17 Press Releases: In line 2, revise “UMB” to read “University” (twice).

37. Paragraph 5.01 H: Revise paragraph to read:

When no specification is cited and the quality, processing, composition, or method of installation of an element of work is only generally referred to, the Contractor shall notify the Architect and request a clarification as necessary for the proper execution of the Work.

38. Paragraph 5.01 I: Revise paragraph to read:

Safety Data Sheets: The Contractor shall provide the University Office of ESH with Safety Data Sheets (SDSs) for products and materials which contain hazardous chemicals subject to OSHA Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)). Contractor shall submit a binder of applicable SDSs within 45-days of issuance of the Notice-to-Proceed. Contractor shall ensure that the SDSs are readily accessible to workers and University representatives for all hazardous chemicals in the workplace. In the event that the University Office of ESH has questions arising from any SDS, the University Office of ESH has the right to contact the Contractor, vendor, or manufacturer of the product or material in question.

39. Paragraph 5.02 C: In line 1, revise “confirm” to read “confine”.

40. Paragraph 5.09 C: In line 2, revise “EHS” to read “University Office of ESH”.

41. Paragraph 5.09 D: Revise first sentence to read:

Contractor is advised to remain alert to the possibility of encountering hazardous materials during the course of the Work.

42. Paragraph 6.01 A: In line 6, revise “University, and any Client University” to read “University of Maryland, Baltimore and the University of Maryland, Baltimore County”.

43. Paragraph 6.02 A: In line 4, revise “Cutting and Welding permit” to read “Hot Work Permit”.

44. Paragraph 6.02 C: In lines 1 and 2, delete “(i.e., Air and Radiation Management Administration boiler permits, etc.)”.

45. Paragraph 6.02 D: Revise paragraph to read:

Before starting work involving welding, burning, brazing, open flames, or similar activities producing heat or sparks, obtain a Hot Work Permit from University Office of Environmental Safety and Health. Hot Work Permit must be requested not less than two full working days prior to the requested work. Post a copy of the Hot Work Permit near the location of the work involved. Notify the University Office of Environmental Safety and Health when work under the permit is completed.

46. Section 6.03:

a. In line 2, revise “University, and any Client University” to read “University of Maryland, Baltimore and the University of Maryland, Baltimore County”.

b. In line 3 and 4, delete “or Client University” and replace with University of Maryland, Baltimore and the University of Maryland, Baltimore County.

47. Paragraph 6.04 C:

a. In line 2, revise “the reserves” to read “the University reserves”.

UMB GENERAL CONDITIONS – 12 OCTOBER 2020 00800 - 8

b. In line 3, revise “by the in” to read “by the University in”.

48. Paragraph 6.04 E: In line 5, revise “University’s” to read “University”.

49. Paragraph 6.05 A:

a. In lines 1, 2, 3, and 4, delete “by the Contractor in connection solely with Worker’s or Workmen’s Compensation Insurance and from and after the execution of the Contract Amendment by the Contractor in connection with all insurance enumerated in this Section 6.05A”

b. In line 10, revise “any Client University” to read “the University of Maryland, Baltimore County”.

c. In line 11, revise “insured’s” to read “insureds”.

d. Beginning in line 14, delete sentence starting with “all insurance except . . . “.

50. Paragraph 6.06 A:

a. In line 2, revise “any Client University” to read “the University of Maryland, Baltimore County”.

b. In line 5, revise “the Client University” to read “the University of Maryland, Baltimore County.”.

51. Paragraph 6.08 C: In line 1, revise “insure” to read “ensure”.

52. (Delete as Section 6.22 (Reciprocity) has been “intentionally omitted.”

53. Section 7.02 A: In line 1, add “Where indicated in the specifications,” to the beginning of the first sentence and delete “For all University construction contracts over $50,000.”.

54. Paragraph 7.05 C: In line 3, revise “will” to read “shall”.

55. Deleted as there is no line with “if is” in it.

56. Paragraph 7.07 A: Starting in line 3, revise “unless otherwise agreed to in writing by the Procurement Officer in consultation with the University’s Project Manager” to read: unless otherwise stated in the specifications

57. Paragraph 7.07 F:

a. In line 9, revise “review and the” to read “reviewed at the”.

b. In line 11, revise “to be in attendance” to read “to be notified”.

58. Paragraph 7.11 A: In line 4, delete “, a Client University,”.

59. Paragraph 7.11 K: Starting in line 6, revise “word terminate” to read “work terminated”.

60. Paragraph 7.17 B: In line 2, revise “operator” to read “operate”.

61. Paragraph 8.01 A: In line 6, revise “will” to read “shall”.

62. Paragraph 8.02 B:

a. In line 2, revise “Subcontractor” to read “Contractor”.

b. Beginning in line 3, revise “Subcontractor’s representative and the Architect” to read

“Contractor’s representative and the University”.

63. Paragraph 8.02 C: In line 2, revise “Subcontractor” to read “Contractor”.

64. Subparagraph 8.02 C (6): In line 6, revise “Subcontractor” to read “Contractor”.

65. Section 8.03: In line 6, delete “(through subcontractors)”.

UMB GENERAL CONDITIONS – 12 OCTOBER 2020 00800 - 9

66. Paragraph 8.04 A: Starting in line 3, revise second sentence to read:

In approving such partial payments, there shall be retained five percent (5%) of the estimated amount due until completion and acceptance of all work covered by the contract.

67. Paragraph 8.04 B: Revise paragraph to read:

The Contractor shall use application for payment forms acceptable to the University.

68. Section 8.05: In line 1, revise “injured or done” to read “injured or not done”.

69. Subparagraph 8.06 A (7): In line 2, revise “University of the State or claim by” to read:

“University or the State or claimed by”.

70. Subparagraph 8.06 A (10): Delete “and Section 400 of the RFP”.

71. Paragraph 8.07 A: Starting in line 3, revise “The Contractor shall have promptly replaced and re-executed his own work” to read:

“The Contractor shall promptly replace and re-execute condemned materials and work.”

72. Subparagraph 9.01 E (2): In line 3, revise “new or cold” to read “new or old”.

73. Subparagraph 9.01 E (3): in Line 4, revise ““Work” management” to read:

““Work” or management”.

74. Language revised and no long includes “or the at State”.

75. Paragraph 9.02 E: In line 1, delete “insofar as possible,” which is repeated from line 1.

76. Subparagraph 9.02 G (12): In Line 1, revise “insure” to read “ensure”.

77. Paragraph 9.03 C: In line 2, revise “ant tier,” to read “any tier”.

78. Paragraph 9.06 B: Revise to read as follows:

The Contractor shall electronically submit completed copies of certified payroll records to the Commissioner of Labor & Industry, Prevailing Wage Unit in accordance with current instructions from the Prevailing Wage Unit. The Contractor shall be responsible for certifying and submitting to the Commissioner of Labor and Industry, Prevailing Wage Unit all their subcontractors' payroll records covering work performed directly at the work site. By certifying the payroll records, the Contractor is attesting to the fact that the wage rates contained in the payroll records are not less than those established by the Commissioner as set forth in the contract, the classification set forth for each worker or apprentice conforms with the work performed, and the contractor or subcontractor has complied with the provisions of the law.

79. Paragraph 9.06 C: Revise to read as follows:

Payroll records must be electronically submitted and received by the Prevailing Wage Unit within 14 calendar days after the end of each payroll period. If the Contractor is delinquent in submitting payroll records, processing of partial payment estimates may be held in abeyance pending receipt of the records by the Commissioner of Labor and Industry, Prevailing Wage Unit. In addition, if the Contractor is delinquent in submitting the payroll records, the Contractor shall be liable to the University for liquidated damages. Liquidated damages are $10.00 for each calendar day the records are late.

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