HomeMy WebLinkAbout00 73 00 - Supplementary Conditions Cell 6 Construction Project - 8907 (1)SECTION 00 73 00
SUPPLEMENTARY CONDITIONS
TO
GENERAL CONDITIONS
[Text in Blue is for information or guidance. Remove all blue text in the final project document.]
Supplementary Conditions
These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the
General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified
or supplemented remain in full force and effect.
Defined Terms
The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein.
Modifications and Supplements
The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents.
[Delete the Paragraph SC-1.01 “Defined Terms” if Incentives are not used in the Agreement.]
SC-1.01 “Defined Terms”
The following listed of Terms are added to the General Conditions as follows:
Daily Value – The City-determined value in dollars as indicated in the Bid Form as the value of one Day for the purposes of determining the Incentive or Disincentive relative to the
Contractor-Specified Time of Completion and achievement of Substantial Completion.
Incentive – The monies paid to the Contractor for every Day prior to the Contractor-Specified Time of Completion the Work is determined by the City to be Substantially Complete. The
value of the Incentive shall be the product of the Daily Value and number of days that the Work is determined to be Substantially Complete prior to the Contractor-Specified Time of
Completion. THE INCENTIVE IS LIMITED TO A MAXIMUM NUMBER OF DAYS, AS STATED IN THE AGREEMENT.
SC-5.01A
Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them
to the lines shown on the Contract Drawings.
SC-5.01A.1., “Availability of Lands”
The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of [Month Day, Year this document was prepared]:
Outstanding Right-Of-Way, and/or Easements to Be Acquired
PARCEL
NUMBER
OWNER
TARGET DATE
OF POSSESSION
<If there is none then write “None”>
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City.
If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before
proceeding with the Work, notify City in writing associated with the differing easement line locations.
SC-5.01A.2, “Availability of Lands”
Utilities or obstructions to be removed, adjusted, and/or relocated
The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of [Month Day, Year this document was prepared]
EXPECTED
OWNER
UTILITY AND LOCATION
TARGET DATE OF
ADJUSTMENT
<If there is none then write “None”>
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City.
SC-5.03A., “Subsurface and Physical Conditions”
The following are reports of explorations and tests of subsurface conditions at the site of the Work:
A [list any kind of Technical document. If none then write “None”] Report No. __________, dated ________, prepared by [name of company preparing the report], [optional note when applicable]
a sub-consultant of [name of the prime designer], a consultant of the City, providing additional information on [the subject the report is about]
The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site
of the Work:
[List each drawing applicable to this specific project: Sheet Title, Date, Firm prepared by. If none then write “None”]
SC-5.05 A., “Underground Facilities
The following are additional resources for identification of Underground Facilities which are at or contiguous to the site of the Work, and which are not necessarily shown in the Drawings:
[List each document applicable to this specific project. If none then write “None”]
SC-5.06A., “Hazardous Environmental Conditions at Site”
The following are reports and drawings of existing hazardous environmental conditions known to the City:
[List any kind of Technical Document or Drawing meeting the above specific to this Project. If none then write “None”]
SC-6.02, “Performance, Payment, and Maintenance Bonds”
The “Contract Price” for Performance, Payment, and Maintenance Bonds will be the same as indicated in Article 3 as listed in the Agreement.
SC-6.03A., “Certificates of Insurance”
The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees.
City
Consultant: [Insert full legal name of Engineering Company(s) or Architect(s) performing construction phase services. If none then write “None”]
Other: [Insert full legal name of additional entity(s) that City requires to be an additional insured, i.e. Landowner, Railroad, Etc. If none then write “None”]
[Obtain approval for the limits shown for SC 6.04A thru 6.04D. from City before finalizing Contract Documents]
SC-6.04A., “Contractor’s Insurance”
The limits of liability for the insurance required by Paragraph GC-6.04 shall provide the following coverages for not less than the following amounts or greater where required by laws
and regulations:
6.04A. Workers' Compensation, under Paragraph GC-6.04A.
Statutory limits
Employer's liability
$100,000 each accident/occurrence
$100,000 Disease - each employee
$500,000 Disease - policy limit
SC-6.04B., “Contractor’s Insurance”
6.04B. Commercial General Liability, under Paragraph GC-6.04B. Contractor's Liability Insurance under Paragraph GC-6.04B., which shall be on a per project basis covering the Contractor
with minimum limits of:
$1,000,000 each occurrence
$2,000,000 aggregate limit
The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site.
The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate
of Insurance.
SC 6.04C., “Contractor’s Insurance”
6.04C. Automobile Liability, under Paragraph GC-6.04C. Contractor’s Liability Insurance under Paragraph GC-6.04C., which shall be in an amount not less than the following amounts:
(1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned.
$1,000,000 each accident on a combined single limit basis.
SC-6.04D., “Contractor’s Insurance”
The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks, or perform work
within 25 feet of the center line of tracks [owned and operated by Railroad company name. If none then write “None”].
The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the
use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular
railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry
(if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad
company’s properties.
The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory
to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property:
(1) General Aggregate: $Confirm Limits with Railroad
(2) Each Occurrence: $Confirm Limits with Railroad
Required for this Contract Not required for this Contract
<Provide an “X” next to the appropriate selection above based on the Contract requirements>
With respect to the above outlined insurance requirements, the following shall govern:
Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade
crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above.
Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of-way, the Contractor
may be required to provide separate insurance policies in the name of each railroad company.
If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade
separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation.
If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though
the work may be at two or more separate locations.
No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies
of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning
work.
The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the
Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as
the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project.
SC 6.04F., “Contractor’s Insurance”
Add Paragraph 6.04F. Environmental Impairment/Pollution
Environmental Impairment/Pollution Insurance to include coverage for the handling, receiving, dispensing, removal, storage, testing, transportation, disposal, discharge, dispersal release
or escape of any hazardous material into or upon land, or any structure on land, the atmosphere or any watercourse or body of water, including ground water, with a minimum combined
bodily injury (including death) and property damage limit of $2,000,000 per occurrence to be obtained upon substantial completion and acceptance of facility by the City.
SC-7.08C., “Concerning Subcontractors and Suppliers”
The following subcontractors shall be required to be utilized by the Contractor for specific portions of the Work as indicated below:
Required Subcontractors
SUBCONTRACTOR COMPANY NAME
DESCRIPTION OF WORK TO BE PERFORMED
<If there is none then write “None”>
SC-7.11., “Permits and Utilities”
SC-7.11A., “Contractor obtained permits and licenses”
The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: <If none then write “None”.
<List all known permits or licenses that are being provided by the Contractor to TCEQ>
<List all other known permits or licenses that are being provided by the Contractor>
SC-7.11B. “City obtained permits and licenses”
The following are known permits and/or licenses required by the Contract to be acquired by the City: <If none then write “None”.
<List all known permits or licenses that are being provided by the City to TxDOT>
<List all known permits or licenses that are being provided by the City to USACE>
<List all known permits or licenses that are being provided by the City to TCEQ>
<List all known permits or licenses that are being provided by the City to Railroad>
SC-7.11C. “Outstanding permits and licenses”
The following is a list of known outstanding permits and/or licenses to be acquired, if any as of [Month Day, Year this document was prepared]:
Outstanding Permits and/or Licenses to Be Acquired
OWNER
PERMIT OR LICENSE AND LOCATION
TARGET DATE
OF POSSESSION
<If there is none then write “None”>
<Insert the following if Federal assistance is provided for in this Contract>
SC-7.24B., “Title VI, Civil Rights Act of 1964 as amended”
During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows:
Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter,
“DOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference
and made a part of this contract.
Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, in the selection
and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination
prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work
to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontactor or supplier shall be notified by the Contractor of the Contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with
such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information
the contractor shall so certify to the City, or the Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or
the Texas Department of Transportation may determine to be appropriate, including, but not limited to:
withholding of payments to the Contractor under the Contract until the Contractor complies, and/or
cancellation, termination or suspension of the Contract, in whole or in part.
Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as City or the Texas Department
of Transportation may
direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request City to enter into such litigation to protect the interests of City, and, in addition,
the contractor may request the United States to enter into such litigation to protect the interests of the United States.
Additional Title VI requirements can be found in the Appendix.
SC-8.02., “Coordination”
The individuals or entities listed below have contracts with the City for the performance of other work at the Site:
<Populate the table below with the required information. If none then write “None”>
Vendor
Scope of Work
Coordination Authority
<List full Vendor Name>
<List services being provided>
<List “CITY”>
SC-9.01, “Communications to Contractor”
<Identify any specific communication coordination requirement and/or list any Section that requires such specific coordination requirement>
SC-10.01B., “City’s Project Manager”
The City’s Project Manager for this Contract is <Insert Name>, or his/her successor pursuant to written notification from the City Engineer.
SC-13.02B., “Tests and Inspections”
<List any tests and/or inspections that are required by another body of jurisdiction being covered by the City, if none then write “None”>
SC-14.01G, “Reduction in Payment”
Add Paragraph 14.01G.3:
City may reduce payments to the Contractor, if the number of Days that have passed after the date listed on the Notice to Proceed exceeds the Contract Time for Substantial Completion.
SC-16.01C.1, “Methods and Procedures”
<List any dispute resolution process that may govern for this Contract other than that provided for Article 16 of the General Conditions, if none then write “None”>
SC – 17.01, “Documents”
Any documents submitted to the City in electronic format shall be considered equivalent to an original of such document.
END OF SECTION
Revision Log
DATE
NAME
SUMMARY OF CHANGE