Technical English Part BB

Technical English at WizIQ by St. George’s Academy of Dragon Slaying and Spoken English www.myESLfriends.com SUPPLEMENTARY CONDITIONS FOREWORD These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract 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. SC-1. The terms used in these Supplementary Conditions, which are defined in the General Conditions, have the meanings assigned to them in the General Conditions. SC-1.18. The following are ENGINEER's Consultants: SC-2.2. Delete paragraph GC-2.2. in its entirety and insert the following in its place: OWNER will furnish to CONTRACTOR copies of the Contract Documents. As many copies will be furnished as are available from the printings made for bidding purposes. Additional copies will be furnished upon request at cost of reproduction. SC-2.3. Amend the last sentence of paragraph GC-2.3 to read as follows: In no event will the Contract Times commence to run later than the thirtieth day after the Effective Date of the Agreement. SC-2.6. Add the following language following paragraph 2.6.3. SC-2.6.3.1 Mobilization for CONTRACTOR and any tier of subcontractor(s) shall be considered collectively and shall not exceed 10 percent of the Contract Price. Mobilization shall be those costs associated with the initiation of the project and site work, including but not limited to, transporting of personnel, equipment, materials, supplies, incidental items; establishment of the field offices, temporary facilities necessary for the project, bonds and insurances, submittal requirements, permits, field super-vision, final cleanup and demobilization. Mobilization does not include such items as, contract negotiations and bid preparation. SC-2.6.3.1.1 Where the work is covered by unit price and no item has been included for mobilization as defined in SC 2.6.3.1., then this work is considered incidental to the work and will not be paid separately. SC-2.6.3.1.2 Where the work is covered by unit prices, and item(s) for mobilization, as described in 2.6.3.1 have been included, the maximum allowable amount shall be 10 percent of the aggregate of all items excluding mobilization. Where mobilization is included as multiple items, then the aggregate amount of all mobilization items shall not exceed the allowable 10 percent. SC-2.6.3.2 Costs for submittal requirements, field office and supervision, where identified separately in the schedule of values shall be considered for payment monthly. When the cost is a lump sum as submitted in accordance with 2.6, the monthly cost shall be established by dividing the lump sum by the number of monthly estimates based on the original contract time. No adjustments shall be made for any contract time extensions. SC-2.6.3.3 Mobilization shall be included in the progress payments, in accordance with the schedule of values and unit prices. When the work, excluding mobilization and inventory, has progressed to an amount equal to 5 percent or more of the contract price, then an amount of not more than 50 percent of the mobilization cost will be considered for inclusion in the progress payment. Prior to the established 5 percent, Owner may consider payment on invoices for bonds and insurances and permits; this amount shall be subtracted for the total amount from mobilization. Not more than 40 percent of the mobilization cost will be considered for inclusion in the progress payments once the work, excluding mobilization and inventory, has progressed to an amount equal to 50 percent of the Contract Price. The remaining mobilization payment will be paid as part of the final payment. SC-2.6.4 Where the work is covered by unit prices and there have been included lump sum items, the Contractor shall submit to Engineer a schedule of values in accordance with the GC 2.6 for those lump sum items. SC-2.7. Delete paragraph 2.7. in its entirety and substitute the following in its place: Before any Work at the site is started, CONTRACTOR shall deliver to the OWNER and ENGINEER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which OWNER or any additional insured may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4. and 5.6. SC-4.1. Add the following language at the end of paragraph GC-4.1.: The OWNER shall provide permanent easements and temporary construction easements as shown on the Drawings for buried pipelines across private property. If the easements obtained are not sufficient for the work, the CONTRACTOR shall obtain any additional easements required. There will be no additional compensation made for obtaining these easements, damages to private property outside easements, or additional cost to the CONTRACTOR because of the easements or lack thereof. SC-4.2. Add the following language to paragraphs GC-4.2.1.1. and GC-4.2.1.2.: In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultant have relied upon: SC-4.2.1.1. The following reports of explorations and tests of subsurface conditions at the site of the Work. The technical data contained in such report(s) upon which CONTRACTOR may rely are the boring method, plan and logs; level of subsurface water; laboratory test methods and results, if any; and similar factual data, all as of the dates made. SC-4.2.1.2. The following drawings of physical conditions in or relating to existing surface and sub-surface structures (except Underground Facilities) which are at or contiguous to the site of the Work: SC-4.2.1.3. Copies of the reports listed in paragraph SC-4.2.1.1. and Drawings listed in paragraph SC-4.2.1.2. may be examined at the ENGINEER's office during normal working hours. These reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which the Contractor is entitled to rely as provided in paragraph GC-4.2. and as identified and established above are incorporated there-in by reference. CONTRACTOR is not entitled to rely upon other information and data utilized by ENGINEER and ENGINEER's Consultants in the preparation of Drawings and Specifications. SC-5.1. Amend the first sentence of paragraph GC-5.1. to read as follows: CONTRACTOR shall furnish a Performance Bond and a Payment Bond, each in the amount of at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. SC-5.3.1. Add the following language at the end of Paragraph, GC-5.3.1.: The surety and insurance companies providing any coverages on this Project shall have and maintain during the term of this contract a minimum A.M. Best (Best's Key Rating Guide) rating classification of "A-". SC-5.3.2. Delete paragraph GC-5.3.2. in its entirety and insert the following: SC-5.3.2.1. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplemental Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. SC-5.3.2.2. The CONTRACTOR shall file Policies and/or Certificates of Insurance, in duplicate, for all coverages required with the OWNER and the ENGINEER, naming the OWNER and the ENGINEER as Certificate Holders. Addresses of OWNER and ENGINEER must also be shown. SC-5.3.2.3. The certificate of insurance shall show that all coverages are provided on an occurrence basis and shall indicate the aggregate limit available for this project as of the date the certificate is issued. Binders will be accepted as evidence of coverage for only the first 90 days and cannot be renewed or extended beyond that time. SC-5.3.2.4. All insurance policies and certificates of insurance must include a provision stating a minimum 30 days' prior written notice will be provided to the OWNER and ENGINEER for any cancellation, non-renewal, material change, or reduction of coverage. The CONTRACTOR shall cease operations upon the occurrence of any such cancellation, non-renewal, material change, or reduction of coverage, and shall not resume operations until satisfactory replacement insurance is provided, coverage is effective and certificates of insurance are received. SC-5.4.6.1. Delete the last sentence of paragraph GC-5.4.6. and paragraphs GC-5.4.7. through GC-5.4.12. in their entirety and substitute the following in their place: The insurance shall comply with the following: SC-5.4.7. Workers’ Compensation Insurance SC-5.4.7.1. Workers' Compensation and Employers Liability Insurance shall be provided for all employees engaged in work under this Contract, and, in case any such work is sublet, the CONTRACTOR shall require the Subcontractor to provide insurance for all employees of the Subcontractor engaged in such work unless such employees are covered by the coverage afforded by the CONTRACTOR's insurance. The employer's liability shall be as provided by statutory requirements of the State. SC-5.4.7.2. A current Certificate of Premium Payment from the shall be submitted for the entire term of this Contract. SC-5.4.7.3. If any work under this Contract involves activities within the scope of the United States Long-shoremen's and Harbor Worker's Act and/or the Jones Act, coverage for such exposure shall be provided with a minimum limit of $1,000,000 per occurrence. SC-5.4.8. CONTRACTOR'S Liability Insurance SC-5.4.8.1. Commercial general liability and commercial automobile liability insurance shall be maintained during the entire term of this Contract. The policies shall be based on terms commonly referred to in the insurance industry as an occurrence coverage form. (Claims made policy forms are not acceptable.) SC-5.4.8.2. The certificate of insurance shall indicate the amount of the aggregate limit remaining for this project as of the date of the certificate. SC-5.4.8.3. The commercial general liability coverage shall include premises coverage, products and completed operations coverage, personal injury coverage, coverage for explosion, collapse, and underground coverages, and contractual liability coverage to satisfy the indemnification clause in its entirety (GC-6.12., GC-6.16., and GC-6.31. through GC-6.33., inclusive) included in these Specifications. SC-5.4.8.4. The commercial general liability policy must contain the following definition of "insured contract": SC-5.4.8.4.1. "That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement." SC-5.4.8.4.2. The certificate of insurance shall include this specific language on the certificate of insurance confirming this definition of an insured contract or a certified copy of the policy is to be submitted which includes this definition of an insured contract. SC-5.4.8.5. The CONTRACTOR shall maintain commercial automobile liability coverages for any owned vehicles. Non-owned and hired auto liability coverages shall also be included. SC-5.4.9. OWNERS' and CONTRACTORS' Protective Liability Insurance SC-5.4.9.1. The CONTRACTOR shall purchase and maintain during the entire term of this Contract one separate policy providing OWNERS' and CONTRACTORS' Protective Liability coverages. The named insured on this policy shall be: a. The OWNER; and b. The ENGINEER - Jones & Henry Engineers, Ltd.; and c. Others if specifically required by special provision in the Contract Documents. SC-5.4.9.2. The policy shall be provided on a form commonly referred to in the insurance industry as an "occurrence" type of policy form. (Claims made policy forms are not acceptable.) SC-5.4.9.3. This shall be a separate policy in addition to the coverage required in paragraph SC-5.4.8. No other insurance policy may substitute for or contribute to the coverage or limits afforded by this policy, except a separate excess OWNERS' and CONTRACTORS' Protective Policy. SC-5.4.9.4. This policy shall cover the total project and include explosion, collapse, and underground coverages for the entire Work provided by the CONTRACTOR and Subcontractors. SC-5.4.9.5. The policy shall stipulate that the "designated CONTRACTOR" includes the CONTRACTOR and all Sub-contractors engaged in the Work. SC-5.4.9.6. The original policy shall be submitted to and filed with the OWNER or its designated representative. SC-5.4.10. Limits of Coverage SC-5.4.10.1. The minimum limits of liability for all coverages in each of paragraphs SC-5.4.8. and SC-5.4.9. above shall be as follows, unless otherwise specifically required by special provision in the Specifications. Commercial General Liability: (1) General Aggregate (except products/completed operations) - $5,000,000 (2) Products/Completed Operations Aggregate - $5,000,000 (3) Personal and Advertising Injury (Per Person/Organization) - $4,000,000 (4) Each Occurrence (Bodily Injury and Property Damage) - $4,000,000 (5) Employer’s Liability Bodily Injury Liability Each Accident - $1,000,000 By Disease, Each Employee - $1,000,000 Commercial Automobile Liability: (1) Combined Single Limit (Bodily Injury and Property Damage): $4,000,000 Each Accident SC-5.4.10.2. If policies with separate limits are provided, then the following minimums apply: Commercial General Liability: Bodily Injury Liability Each Person - $1,500,000 Each Accident - $1,500,000 Aggregate - $3,000,000 Property Damage Liability: Each Accident - $1,500,000 Aggregate - $3,000,000 Employer’s Liability: Bodily Injury Liability Each Accident - $1,000,000 By Disease, Each Employee - $1,000,000 Commercial Automobile Liability: Bodily Injury Each Person - $2,000,000 Each Accident - $2,000,000 Property Damage Each Accident - $2,000,000 SC-5.4.10.3. No aggregate applies to automobile liability coverages. SC-5.4.10.4. If an umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. SC-5.4.10.5. If the aggregate liability limits required by this Contract for any policy subsequently fall below the aggregate limits required by this Contract for this project, immediate steps shall be taken to effect reinstatement of the minimum aggregate liability limits required by this Contract. A revised certificate of insurance, in compliance with paragraph SC-5.3.2., is required to confirm compliance with this requirement. SC-5.4.10.6. Any additional premiums resulting from such reinstatement shall be at no additional cost to OWNER. SC-5.4.10.7. Upon specific request by OWNER or ENGINEER, the original policy shall be filed with the OWNER or his designated representative within 30 days of request. SC-5.4.11. The policies of insurance so required by paragraph GC-5.4. and paragraphs SC-5.4.7. through SC-5.4.9. to be obtained and maintained shall, with respect to the insurance required: SC-5.4.11.1. Include as insureds or additional insureds (subject to any customary exclusion in respect to professional liability) OWNER, ENGINEER, ENGINEER'S Consultants, and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as insureds or additional insureds, and include coverage for the respective officers and employees of all such insureds or additional insureds; SC-5.4.11.2. Include the specific coverages and be written for not less than the limits of liability provided in the Supplemental Conditions or required by Laws or Regulations, whichever is greater; SC-5.4.11.3. Contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed, or reduced in coverage until at least thirty (30) days' prior written notice, and ten (10) days written notice for non-renewed, has been given to OWNER and ENGINEER and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR); SC-5.4.11.4. Remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.12; and SC-5.4.11.5. With respect to products and/or completed operations insurance, will remain in effect for at least two (2) years after final payment (and CONTRACTOR shall furnish OWNER, and each other insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such other insured or additional insured of continuation of such insurance at final payment and one (1) year thereafter). SC-5.4.12.1. These coverage requirements and minimum coverage limits are to pro-vide the minimum acceptable insurance coverages and their existence does not in any way limit or reduce the CONTRACTOR'S or Subcontractor’s indemnity obligations under paragraphs GC-6.12.; GC-6.16.; and GC-6.31. through GC-6.33., inclusive. SC-5.4.12.2. No representation or warranty is made by the OWNER or ENGINEER regarding the sufficiency or adequacy of the insurance requirements, coverages or limits stated in the Contract Documents. The CONTRACTOR and Subcontractors are advised to consult with their respective insurance agents or professional advisors to determine their coverage needs and requirements. SC-5.6. Delete paragraph GC-5.6. of the General Conditions in its entirety and insert the following in its place. Property Insurance SC-5.6. CONTRACTOR shall purchase and maintain property insurance upon the Work at the site of the project in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). SC-5.6.1. The CONTRACTOR shall purchase and maintain special form coverage and include demolition occasioned by enforcement of Laws and Regulations; earthquake; water damage; and such other perils as may be specifically required by the Supplemental Conditions Builders Risk Property Insurance upon the Work at the site to the full insurable replacement cost value thereof, including under-ground pipelines. The CONTRACTOR shall also purchase and maintain special form coverage and include demolition occasion-ed by enforcement of Laws and Regulations; earthquake; water damage; and such other perils as may be specifically required by the Supplemental Conditions on any property, whether real property or personal property, whether or not it is located at the site or in transit, in which the OWNER and/or ENGINEER have an insurable interest as evidenced by current Estimates, or other terms of this agreement, and include the interests of OWNER, CONTRACTOR, Subcontractors of any tier, ENGINEER, ENGINEER'S Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. SC-5.6.2. This coverage is to be provided on a separate Builder's Risk completed value policy, with special form coverage. This insurance shall: SC-5.6.2.1. include expense incurred in the repair or replacement of any insured property (including, but not limited to, fees and charges of ENGINEERS and architects); SC-5.6.2.2. cover materials, property, and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work; SC-5.6.2.3. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with thirty (30) days written notice to each other additional insured to whom a certificate of insurance has been issued prior to the cessation of such coverage. SC-5.10. Delete paragraph GC-5.10. in its entirety and substitute the following in its place: SC-5.10.1. The OWNER and ENGINEER (and others if required by special provisions in the Contract Documents), shall be named as insureds on the insurance. All parties insured shall receive a certified copy of the insurance policy prior to commencement of work. The original policy and a copy thereof shall be filed with the OWNER or his designated representative. SC-5.10.2. The CONTRACTOR for the general work contract shall provide the Builder's Risk coverage for the entire project, and the policy so required shall include all other contractors and Subcontractors for the total project and the entire work of all of them. SC-5.11.1. Delete paragraph GC-5.11.1. in its entirety and insert the following in its place: OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs SC-5.6. will protect OWNER, CON-TRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage, the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees, and agents for all losses and damages caused by, arising out of, or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER'S Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such a waiver may have to the proceeds of insurance held by CONTRACTOR as trustee or otherwise payable under any policy so issued. The property insurance policies shall be modified to reflect and approve this waiver of subrogation rights. SC-5.15. Delete paragraph GC-5.15. in its entirety and insert the following in its place: If the OWNER finds it necessary to occupy or use a portion or portions of the Work prior to substantial completion thereof, such occupancy shall not commence prior to a time mutually agreed to by the OWNER and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be cancelled, reduced, limited, excluded, or lapsed on account of such partial occupancy. Consent of the CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. Coverage shall be maintained by CONTRACTOR until the OWNER agrees to provide this coverage or the completion of this and all terms of this agreement, whichever is later. SC-6.9.3. Add the following new paragraph immediately after paragraph GC-6.9.2.: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other person or organization, to the extent practicable, information about amounts paid to CONTRACTOR in accordance with CONTRACTOR's Applications for Payment on account of the particular Sub-contractor's, Supplier's, other person's, or other organization's work. SC-6.15.1. Not applicable. SC-7.5. Should CONTRACTOR cause damage to the work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR's performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER, ENGINEER, ENGINEER's Consultant, or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER, and ENGINEER's Consultant harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees 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 separate contractor against OWNER, ENGINEER, or ENGINEER's Consultant to the extent based on a claim arising out of CONTRACTOR's performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER, or ENGINEER's Consultant 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 ENGINEER's Consultant on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor, and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Article 12. An extension of the Contract Time shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER, or ENGINEER's Consultant for any delay, disruption, interference, or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER, ENGINEER, or ENGINEER's Consultant for activities that are their respective responsibilities. SC-9.3. Add new paragraphs after paragraph GC-9.3. as follows: SC-9.3.1. Duties and Responsibilities The Resident Project Representative (hereafter referred to as RPR) will: Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 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. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site operations. b. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. Shop Drawings and Samples: c. Record date of receipt of Shop Drawings and samples. d. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. e. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. Review of Work, Rejection of defective Work, Inspections and Tests: f. Conduct onsite observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. g. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty, or defective or does not conform to 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 ENGINEER of Work that RPR believes should be corrected or rejected or should be recovered for observation, or requires special testing, inspection, or approval. h. Verify that tests, equipment and systems start-ups and operating and maintenance training are conducted in the presence of appropriate personnel and that CONTRACTOR maintains adequate records thereof; and observe, record, and report to ENGINEER appropriate details relative to the test procedures and start-ups. i. Accompany visiting inspectators representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to ENGINEER. Interpretation of Contract Documents: Reports to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. Records: j. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. k. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. l. Record names, addresses, and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of material and equipment. Reports: m. Furnish ENGINEER 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. n. Consult with ENGINEER in advance of scheduled major tests, inspections, or start of important phases of the Work. o. Draft Proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR, and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. p. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, 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. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals, and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. Completion: q. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. r. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. s. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. SC-9.3.2. Limitations of Authority Resident Project Representative: Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. Shall not exceed limitations of ENGINEER's authority as set forth in the Contract Documents. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR's superintendent. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences, or procedures of construction unless such advice or directions are specifically required by the Contract Documents. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. Shall not authorize OWNER to occupy the Project in whole or in part. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. SC-11.3. Amend the first sentence of paragraph GC-11.3. to read as follows: The value of any work covered by a Change Order, any claim for an adjustment in the Contract Price, or any claim for damages shall be determined in one of the following ways: SC-11.9.3. Delete paragraph GC-11.9.3. in its entirety and insert the following in its place: The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: SC-11.9.3.1. If the total cost of a particular item of Unit Price Work amounts to 5% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 20% from the estimated quantity of such item indicated in the Agreement; and SC-11.9.3.2. If there is no corresponding adjustment with respect to any other item of Work; and SC-11.9.3.3. If CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof; or if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of and such variation in the quantity of Unit Price Work performed. SC-14.2. Add the following language at the end of paragraph GC-14.2. As a requisite for payment of any current estimate, the CONTRACTOR will be required to sign the Contractor's Affidavit - Current Estimates on the Form attached herein, and have the same properly notarized. SC-14.4. Delete the last sentence in paragraph GC-14.4. and insert the following in its place: Thirty days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provision of the last sentence of paragraph 14.7.) become due and when due will be paid by OWNER to CONTRACTOR. SC-14.10.2. Delete paragraph GC-14.10.2. in its entirety and insert the following in its place: OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such lists to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. SC-14.12. Add the following language at the end of paragraph GC-14.12. As a requisite for payment of the final estimate, the CONTRACTOR will be required to sign the Contractor's Affidavit on the form attached herein, and have the same properly notarized. ADDITIONAL SUPPLEMENTARY CONDITIONS UTILITY OWNERS Owners of utilities are as follows: Utility Contact Address City/State Telephone Utility Contact Address City/State Telephone Utility Contact Address City/State Telephone Utility Contact Address City/State Telephone STATE WAGE RATES