UW Project Name / Section 00 7300
UW Project Number / SUPPLEMENTAL CONDITIONS TO THE
Date of Specifications / GENERAL CONDITIONS
Page 1 of 7
These Supplemental Conditions form a part of, and are incorporated in the Contract Documents and modify, delete, add, and replace provisions of the General Conditions. Provisions not altered remain in effect. All terms defined elsewhere in the Contract Documents shall have the same meaning in these Supplemental Conditions.
00 73 01TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Work shall be commenced on the effective date specified in the Notice to Proceed and shall be substantially complete within a period not to exceed ( ) calendar days. For failure to achieve Substantial Completion of the Work within the time provided, Contractor shall pay Owner $ for each calendar day from the date when Substantial Completion should have been achieved to the date Substantial Completion is actually achieved. The provisions of the General Conditions section 3.07, for liquidated damages, remain in effect.
00 73 02CONTRACTOR’S LIABILITY INSURANCE
Specifier – Contractor’s Pollution Liability Insurance Requirements: Use the following section requiring the Contractor to provide evidence of Contractor’s Pollution Liability insurance if the project includes the remediation, abatement, repair, maintenance or other work with any of the following: asbestos containing materials; lead-containing products (paint, coatings, components); mercury; underground storage tanks; or other hazardous materials.
Add item 3 to Section 2.01.A as follows:
3.Contractor’s Pollution Liability (CPL) policy covering against claims for bodily injury, property damage and cleanup costs/environmental damages arising from pollution conditions caused in the performance of covered operations.
- If the work involves remediation, abatement, repair, maintenance or other work with asbestos containing materials, lead-containing products (paint, coatings, components), mercury, underground storage tanks, and/or other hazardous materials, the CPL policy shall not exclude such coverage, or a specific policy covering such exposure shall be required from the Contractor or the subcontractor performing such work.
- If the work involves transporting hazardous materials or waste, a separate policy or endorsement to the CPL policy specifically providing coverage for liability and cleanup, arising from an upset or collision during transportation of hazardous materials is required from the Contractor or subcontractor performing such work.
Such policy shall name the Owner as an additional insured, be primary and noncontributory, and provide at least 45 days notice of cancellation or non-renewal to the Owner. If the work is performed by a subcontractor and such coverage is provided by the subcontractor, coverage shall name both the Contractor and Owner as additional insureds.
00 73 03COVERAGE LIMITS
Specifier – Include the section below if Contractor’s Pollution Liability Insurance is required. If a significant amount of hazardous materials abatement work is included in the project, consult with the UW’s Contracts Manager as to whether the limit specified below is appropriate or should be increased.
Add item E to Section 2.02 as follows:
- $2,000,000 each claim, $2,000,000 aggregate, Contractor’s Pollution Liability
Specifier – Include the section below for projects over $3 million.
Revise the General Liability insurance coverage amounts required in the General Conditions section 2.02 to $2,000,000 per occurrence and $5,000,000 in the aggregate.
00 73 04BUILDER'S RISK
Specifier –Builder’s Risk Insurance is required for every project. Consult with the CPO Contracts Office to determine whether the following language should be modified for your particular project.
Delete Section 2.06 A and B and replace with the following new Section 2.06 A: “Owner will purchase and maintain Builder’s Risk property insurance on an “all risk” basis, insuring against the perils of fire and extended coverage and physical loss or damage including theft, vandalism, malicious mischief, collapse, false work, temporary buildings, and debris removal including demolition resulting from the enforcement of any applicable legal requirements, and excluding earthquake and flood coverage, in the amount of the Contract Sum including all Change Orders for the entire Work on a replacement cost basis until Substantial Completion. The policy will cover the interests of the Owner, Contractor, Subcontractors, and Sub-subcontractors as their interests may appear. Contractor shall be responsible for all losses up to the policy deductible amount of $5,000 per occurrence for projects with a Contract Sum less than $500,000; and $10,000 per occurrence for projects with a Contract Sum valued at $500,000 or more. A specimen policy is available for inspection. Contractor is not required to obtain Builder’s Risk property insurance. If the Contractor believes it has a loss that is covered by Builder’s Risk property insurance, and it is likely to exceed the policy deductible, the Contractor shall notify the Owner within 48 hours.”
In Section 2.06, delete the following from paragraph C: “A/E, A/E’s subconsultants” and renumber paragraph C as paragraph B.
00 73 05PARTNERING
Specifier – May apply to projects with a MACC over $1 million. Discuss with University Project Manager to determine if this is applicable.
A.Owner proposes to utilize the "partnering" concept for this Project. Partnering emphasizes a cooperative approach to problem-solving involving all key parties to the Project: Owner, Architect, and Contractor and principal Subcontractors.
B.Participation in partnering will be voluntary. Upon contract award, Contractor will be given the option to participate in partnering.
C.If Contractor decides to participate, workshops to define partnering relationships will be scheduled not-to-exceed Two days or as mutually agreed. The purpose of the workshop will be:
1.To establish mutual understanding of partnering concepts;
2.To develop the mission statement and goals for the Project for all parties; and
3.To develop a process so that critical issues can be quickly resolved.
D.Owner will be responsible for providing the facilities for the workshop, as well as a facilitator and any workshop materials. Contractor is requested to pay 1/3 of the costs for the facilitator and facilities in an amount not-to-exceed $2,000. Contractor and Architect are expected to provide their Project personnel for the workshop at no cost to Owner.
E.At the conclusion of the workshop it is anticipated that a definitive working arrangement for partnering will be agreed upon and committed to in writing by the participants. Parties may withdraw from the partnering arrangement upon written notice to the others. Should the partnering arrangement terminate, claims or disputes settled or changes approved during the existence of the partnering arrangement shall not be affected.
00 73 06CLAIMS AND DISPUTE RESOLUTION
Specifier – This section is to be included if MACC is over $10 million. If MACC is between $5 million and $10 million, discuss with the University Project Manager. For all other projects, delete.
Replace section 8.02 in its entirety with:
8.02DISPUTES REVIEW BOARD
- If Contractor disagrees with Owner's decision regarding a Claim rendered in accordance with paragraph 8.01D, Contractor shall be required to provide Owner with a written appeal within 14 days after the date of Owner's decision. Should Contractor timely appeal Owner's decision, the matter shall be referred to the Disputes Review Board ("Board"). Failure to file a written appeal within the 14-day period shall result in Owner's decision being final and binding upon Contractor.
B.The Board is an advisory body to be created for this Project. The Board's function will be to assist in the resolution of claims, disputes, or controversy between Contractor and Owner in order to prevent design and/or construction delay and possible court litigation.
C.The Board will consider disputes referred to it, and furnish findings and recommendations to Owner and Contractor to assist in the resolution of the differences between them. The Board will essentially be acting in the role of mediator, providing special expertise to assist and facilitate the resolution of disputes.
D.The Board shall consist of one member selected by Owner and one member selected by Contractor, with these two members to select the third member. The first two members shall be mutually acceptable to both Owner and Contractor. No member shall have a financial interest in the Work, except for payments for services on the Board. No employee of Owner, Contractor, any Subcontractor, or A/E shall be a member of the Board. Owner and Contractor shall select the members and negotiate an agreement with them within the first 30 calendar days after the Public Works Contract is signed. The agreement will describe the work, responsibilities, and duties of the Board, and Owner's and Contractor's obligations and responsibilities with respect to each other and to the Board. A sample form of agreement is included as a Special Form. The process used to replace any member shall be the same process used in the original selection of the member being replaced. In the event of an impasse in selection or replacement of any member, the appointment will be made by the Presiding Judge of the King County Superior Court.
E.The Board will formulate its own rules of operation, except to the extent any such rules are provided for herein. In order to keep abreast of the Work, the members shall regularly visit the Project, keep a current file, and regularly meet with other members of the Board and with representatives of Owner and Contractor. The frequency of these visits shall be as agreed between Owner, Contractor, and the Board.
F.Compensation for the Board members, and the expenses of operation of the Board, shall be shared by Owner and Contractor in accordance with the following:
1.Owner will pay the fee and travel expense for its selected member.
2.Contractor shall pay the fee and travel expense for its selected member.
3.Owner and Contractor shall share equally in the third member's fee and travel, and all of the expenses of the Board. These equally shared expenses shall be billed to and paid by Owner. Contractor's share will be deducted from monies due Contractor.
4.Owner shall, at its cost, provide administrative services, such as a meeting room and secretarial services, to the Board.
G.Contractor's appeal shall be heard by the Board within 30 days of the date of receipt of the appeal by Owner, unless another time is mutually agreed to by Owner and Contractor. Pending final decision by the Board of a dispute, Contractor shall diligently proceed with the Work as previously ordered.
H.Contractor and Owner shall each be afforded an opportunity to be heard by the Board and by offer of evidence. In order to provide Owner the opportunity to fully and fairly evaluate Contractor Claims, the full disclosure and presentation at the Board hearing of all relevant facts and circumstances giving rise to the Claim required above shall be a condition precedent to Contractor's right to further pursue its Claim in any tribunal with authority to render binding decisions.
The Board's recommendations toward resolution of a dispute shall be given in writing to both Owner and Contractor. The recommendations shall be based on the Contract provisions and the actual cost incurred.
I.Within 30 days of receiving the Board recommendations, both Owner and Contractor shall respond to the other in writing signifying that the dispute is either resolved or remains unresolved. If Owner and Contractor are able to resolve their dispute with the aid of the Board's recommendations, the terms of the resolution shall be incorporated in a Change Order. Should the dispute remain unresolved, Contractor shall serve and file a lawsuit in an appropriate court within 120 days of the Board's recommendation. This requirement cannot be waived except by an explicit waiver signed by Owner. The failure to file a lawsuit within said 120-day period shall result in Owner's decision rendered in accordance with paragraph 8.01D being final and binding on Contractor and its Subcontractors of any tier. The Board's findings and recommendations shall be admissible evidence in any further proceedings.
J.In the event further proceedings, either judicial or nonjudicial, are required to resolve the dispute, Contractor will be barred from offering in such further proceeding any evidence of facts or legal theories that Contractor did not offer or assert at the Board hearing unless such evidence or theory was not and could not have been discovered, in the exercise of due diligence, prior to the Board's hearing. Contractor's failure to consult with counsel or fully investigate its Claim prior to presenting such Claim to Owner will not excuse Contractor from its obligations to fully apprise Owner of the detailed basis of the Claim.
K.At any time, either before or after a lawsuit has been commenced by Contractor in accordance with paragraph 8.02I, Owner may require Contractor to participate in further mediation or arbitration, or both, in any forum or format acceptable to Owner.
L.Claims between Owner and Contractor, Contractor and its Subcontractors, Contractor and A/E, and Owner and A/E shall, upon demand by Owner, be submitted in a single forum, or Owner may consolidate such Claims or join any of the above-named parties in the same forum.
M.If the parties resolve the Claim prior to Final Acceptance, the terms of the resolution shall be incorporated in a Change Order. The Change Order, including any adjustment in the Contract Sum or Contract Time, shall be full compensation for any changes in the Work, including full payment for costs of all delays in connection with such changes and including full payment for any expense or inconvenience, disruption of schedule, and loss of efficiency or productivity by Contractor.
00 73 07PERMITS REQUIRED
Specifier – Optional. Use if additional permits are required by the City of Seattle Department of Planning and Development (DPD) or other reviewing agencies. List from the technical specifications (Divisions 02 through 49) any permits the Contractor is required to obtain.
00 73 08ENVIRONMENTAL MITIGATION
Specifier – Option. Use if environmental mitigation is required by the City of Seattle Department of Planning and Development (DPD) or other reviewing agencies.
00 73 09FINAL PAYMENT
Specifier – Insert for all projects that have an asbestos component.
Requests for final payment will not be processed until the post-job asbestos abatement submittal package has been reviewed and approved by the Owner and the Asbestos A/E.
00 73 10 APPRENTICESHIP UTILIZATION REQUIREMENTS
Specifier – For projects with an estimated construction cost (MACC) of $1 million or more, add a new Section 10.12 as indicated below:
10.12 APPRENTICE UTILIZATION REQUIREMENTS
- The Contractor shall ensure that at least 15% of thetotal labor hours utilized on the project are performed byapprentices registered with the Washington State Apprenticeship andTraining Council.
- Total labor hours include additional hours worked as a result of change orders.
- Total labor hours exclude hours worked by foremen, superintendents, supervisors, owners, and workers who are not subject to prevailing wage requirements. However, totallabor hours shall include the hours worked by supervisors, foremen, andsuperintendents if it is determined they are subject to prevailing wage requirementspursuant to Washington Administrative Code (WAC) 296-127-015.
- Total labor hours includes all hours worked by the Contractorand all subcontractors on the Project.
- The Contractor shall meet or exceed the apprentice utilization requirements of the Contract Documents on all labor hours on the Project.
- The Contractor shall include the apprentice utilization requirements of Paragraph A, above, in all subcontracts executed for the Project.
- If, during the term of the Contract, the Contractor determines that it will be unable to meet the percentage utilization requirement in Paragraph A, above, the Contractor may make a written request to the Owner to reduce the required percentage. The request shall include documentation of:
- The Contractor’s good faith efforts to use registered apprentices; and/or
- The lack of availability of registered apprentices; and/or
- A disproportionately high ratio of material costs to labor hours, which makes infeasible the required minimum level of apprentice participation.
- The Owner shall evaluate the request, and if appropriate, a change order shall be prepared by the Owner reducing the utilization requirement.
- With its monthly Application for Payment, the Contractor shall submit the Apprentice and Journey Level Worker Utilization Report on the form in Appendix A.
Last Revised: February 13, 2014