00800 Supplementary Conditions 010412

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					                           SUPPLEMENTARY CONDITIONS

                           Project Number

                           Project Title



[Instructions for Supplementary Conditions:          Use the format and wording conventions for
Supplementary Conditions exactly as they appear below. If you need to include additional modifications
to the General Conditions consult with the Law Department. The Law Department must approve any
additional modifications to the General Conditions. Be certain to remove this note before your final
Contract Document is printed]
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 that are not so amended or supplemented remain in full force and effect.
[Instruction for 2.03 A: If the number of copies of Drawings and Specifications to be furnished exceeds
the one (1) copy as stated in the GCs, insert the number. If not applicable, delete this SC. Be certain to
remove this note before your final Contract Document is printed.]
SC-2.03 A. Article 2, Paragraph 2.03, Copies of Documents, is amended by deleting Paragraph
2.03 A and replacing it with the following:
    A. CITY shall furnish to CONTRACTOR up to ___________ ( ) copies of the Drawings and
       Specifications, including Addenda.
[Instruction for 4.02 A: List drawings and/or reports including date issued, preparer, title and access
location. Identify technical data contained in the drawings and/or reports as stated in 4.02 B. If there are
no drawings or reports, utilize the alternate language below. Delete unnecessary language included.
Be certain to remove this note before your final Contract Document is printed.]
SC-4.02 Article 4, Paragraph 4.02, Subsurface and Physical Conditions; Subparagraphs A and
B are supplemented as follows:
In the preparation of the Contract Documents, the following reports of explorations and tests of
subsurface conditions at or contiguous to the Site of the Work were utilized:
         1. Report dated _____________, prepared by ___________________________;
            entitled _________________________, which may be reviewed at [location]. The
            technical data contained in such report upon which CONTRACTOR may rely is
            ___________________________.
In the preparation of the Contract Documents, the following drawings of physical conditions in or
relating to existing surface or subsurface structures (except Underground Facilities) which are at
or contiguous to the Site of the Work were utilized:
         2. Drawings dated _____________, prepared by _________________________;
            entitled _________________________, which may be reviewed at [location]. The
            technical data contained in such drawings upon which CONTRACTOR may rely is
            ___________________________.
[OR]




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In the preparation of the Contract Documents, no reports of explorations and tests of subsurface
conditions at or contiguous to the Site of the Work [choose:] were utilized [OR] have been
prepared.
In the preparation of the Contract Documents, no drawings of physical conditions in or relating
to existing surface or subsurface structures which are at or contiguous to the Site of the Work
[choose:] were utilized [OR] are available.
[Instruction for 4.06A: List drawings and/or reports including date issued, preparer, title and access
location. Identify technical data contained in the drawings and/or reports as stated in 4.06 B. If there are
no reports or drawings, utilize the alternate language below. Delete unnecessary language included. Be
certain to remove this note before your final Contract Document is printed.]
SC-4.06 Article 4, Paragraph 4.06, Asbestos, Lead-Based Paint, PCBs, Petroleum Waste or
Radioactive Material, Subparagraphs A and B are supplemented as follows:
In the preparation of the Contract Documents, the following reports and drawings relating to a
Hazardous Environmental Condition identified at the Site of the Work were utilized:
         1. Report dated _____________, prepared by ___________________________;
            entitled _________________________, which may be reviewed at [location]. The
            technical data contained in such report upon which CONTRACTOR may rely is
            ___________________________.
         2. Drawings dated _____________, prepared by _________________________;
            entitled _________________________, which may be reviewed at [location]. The
            technical data contained in such drawings upon which CONTRACTOR may rely is
            ___________________________.
[OR]
In the preparation of the Contract Documents, no reports of explorations and tests of any
Hazardous Environmental Condition(s) at the Site of the Work [choose:] were utilized. [OR]
have been prepared.
[Instruction for 5.01 A (below): Indicate whether Performance and Maintenance and Payment Bonds
must remain in effect longer than one (1) year; identify any other change in length of bond or additional
bonding required. Unless the funding source for the project prevents the City from requiring bonds, do not
eliminate this requirement or reduce the length of time below one (1) year without consulting with the Law
Department and obtaining approval from the City’s Risk Manager. If not applicable, delete this SC. Be
certain to remove this note before your final Contract Document is printed.]
SC- 5.01 A. Article 5, Paragraph 5.01, Performance, Payment and Other Bonds, Subparagraph
A, second sentence, is revised as follows:
These Bonds shall remain in effect at least until ( ) [years] [months] after the date when
final payment becomes due, except as provided otherwise by Laws or Regulations or by the
Contract Documents. CONTRACTOR shall furnish the following additional Bonds, which shall
remain in effect as stated: _______________________.”
[Instruction for 5.03 A: Time requirement for submission of Insurance Certificates may be changed if
needed. Be certain to remove this note before your final Contract Document is printed.]
SC-5.03 A. Article 5, Paragraph 5.03 Certificates of Insurance, Subparagraph A is amended by
adding the following Subparagraph 1:
         1. CONTRACTOR shall obtain evidence that all Subcontractors have in force the
            required coverage in the amounts required by these Contract Documents, and
            evidence that each is current on its unemployment insurance payments before



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             Subcontractors begin Work at the Site. CONTRACTOR shall retain such evidence in
             its files and make available to CITY within ten (10) days after written request.
[Instruction for 5.04 B.1: List any individuals or entities in addition to CITY, DESIGN PROFESSIONAL
and Consultant(s) to be included as additional insureds. If this project is being funded in whole or in part
with funds administered by the Missouri Department of Transportation (MoDOT), the Contractor is
required to list MoDOT and the Missouri Highways and Transportation Commission (MHTC) as additional
insureds with regards to Commercial Automobile Liability Insurance and Commercial General Liability
Insurance only. Delete any provision of this SC which is not applicable. Be certain to remove this
note before your final Contract Document is printed.]
SC-5.04 B.1. Article 5, Paragraph 5.04, CONTRACTOR’s Liability Insurance, Subparagraph B.1
is amended as follows:
With respect to insurance required by Paragraphs 5.04 A.3 through 5.04 A.5, the following
additional individuals or entities shall be listed as additional insureds:
With respect to Commercial Automobile Liability Insurance and Commercial General Liability
Insurance, the Missouri Department of Transportation (MoDOT), the Missouri Highways and
Transportation Commission (MHTC) and each of their respective employees shall be listed as
additional insureds.
[Instruction for 5.04 C: Add listed policies of insurance and limits that apply. Adjust limits of insurance if
needed. If this project is being funded in whole or in part with funds administered by the Missouri
Department of Transportation (MoDOT), you MUST increase the limits applicable to Commercial
Automobile Liability Insurance (5.04.C.2) and Commercial General Liability Insurance (5.04.C.3) to
$3,000,000.00. Delete any policies of insurance and limits listed in this SC that do not apply. Be
certain to remove this note and the instructions below before your final Contract Document is
printed.]
SC-5.04 C. Article 5, Paragraph 5.04, CONTRACTOR’s Liability Insurance, Subparagraph C is
amended as follows:
The following additional policies of insurance are required:
[Add listed policies of insurance and limits that apply.]
         5. Railroad Protective Liability Insurance. This insurance shall be issued in the name of
            the Railroad Company specified below and shall protect and defend the railroad
            against claims arising as a result of the operations of CONTRACTOR. This
            insurance shall be acceptable to the railroad and shall be maintained in force
            throughout the period when CONTRACTOR is working on or adjacent to property
            owned by the railroad. CONTRACTOR shall not enter upon the Railroad Company's
            premises until this insurance is in effect. The aggregate liability limits per job site for
            bodily injury and property damage shall be not less than those limits required by the
            respective Railroad Company.
[Add name of railroad company as insured, if applicable.]
         Railroad Protective Liability Insurance shall be issued in the name of the following
         railroad(s): ___________________________________________________________.
         6. Environmental Liability Insurance. This insurance shall protect CONTRACTOR, and
            CITY, DESIGN PROFESSIONAL and Consultants as additional insureds, against
            claims for injuries to members of the public and damage to the property of others
            resulting from environmental impairment. The liability limits of the environmental
            policy shall not be less than $2,000,000.
         7. Asbestos Liability Insurance. This insurance shall be an "occurrence" policy and shall


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             protect CONTRACTOR, and CITY, DESIGN PROFESSIONAL and Consultants as
             additional insureds, against all claims arising from bodily injury, sickness, disease or
             death of any person other than the CONTRACTOR's employees arising out of any
             act related to asbestos abatement work. The liability limits for bodily injury and
             property damage shall be not less than:
             $1,000,000 each occurrence
             $2,000,000 general aggregate
    If CONTRACTOR provides Environmental or Asbestos Liability Insurance through a
Subcontractor, CONTRACTOR shall contractually require the Subcontractor to include CITY,
Design Professional and Consultants as additional insureds in the Subcontractor’s policy.
CONTRACTOR shall deliver to CITY, prior to the start of any Work at the Project Site, properly
completed certificates of insurance or other evidence that the required insurance is in full force
and effect, in a form acceptable to CITY. CONTRACTOR shall contractually require its
Subcontractor to defend, indemnify and hold harmless CITY from and against all Claims arising
out of or resulting from all acts or omissions in connection with this Contract caused in whole or
in part by Subcontractor or Subcontractor's agents, regardless of whether or not caused in part
by any act or omission, including negligence, of CITY. CONTRACTOR must provide evidence
that this requirement has been complied in accordance with the provisions of Paragraphs 6.01 B
and 6.06 G.
         8. United States Long-shoremen's and Harbor Workers Compensation Insurance
            (USL&H).
[Instruction for 5.06 A: Indicate if property insurance coverage on the Work at the Site does not need to
be provided by CONTRACTOR. NOTE: See General Conditions Paragraphs 5.10 regarding partial
utilization and 14.02 regarding payment for stored materials when considering Property Insurance
requirements. If CONTRACTOR is required to provide Property Insurance, the deductible amount may
be adjusted. Consult the Risk Manager. Delete unnecessary language. Be certain to remove this
note before your final Contract Document is printed.]
SC-5.06 A. Article 5, Paragraph 5.06, Property Insurance, is amended by deleting
Subparagraph A and inserting the following:
  A. CONTRACTOR shall not be required to purchase and maintain property insurance on the
Work at the Site.
[OR]
SC-5.06 A. Article 5, Paragraph 5.06, Property Insurance, Paragraph A, is amended by adding
the following after the first sentence:
Property Insurance on the Work at the Site shall be written with a deductible amount not to
exceed $10,000.00.
[Instruction for 6.01: If this project is being funded in whole or in part with funds administered by the
Missouri Department of Transportation (MoDOT), this Paragraph must be supplemented by adding a new
Subparagraph F requiring the Contractor to indemnify MoDOT, the Missouri Highways and Transportation
Commission (MHTC) and each of their respective employees. If not applicable, delete this SC. Be
certain to remove this note before your final Contract Document is printed.]
SC-6.01. Article 6, Paragraph 6.01, Indemnification, is supplemented by adding Subparagraph F
as follows:
         F. CONTRACTOR shall defend, indemnify and hold harmless the Missouri Department
            of Transportation (MoDOT), the Missouri Highways and Transportation Commission
            (MHTC) and each of their respective employees from and against all Claims arising


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             out of or resulting from all acts or omissions in connection with this Contract caused
             in whole or in part by CONTRACTOR or CONTRACTOR’S Agents, regardless of
             whether or not caused in part by any act or omission, including negligence, of
             OWNER. CONTRACTOR’S obligations under this subparagraph shall be limited to
             the coverage and limits of insurance that CONTRACTOR is required to procure and
             maintain under this Contract. CONTRACTOR affirms that it has had the opportunity
             to recover the costs of the liability insurance required in this Contract in its contract
             price. For purposes of this subparagraph, Claims as defined in subparagraph A.1
             shall be expanded to also mean all claims, damages, liability, losses, costs and
             expenses, including court costs and reasonable attorney’s fees, incurred by MoDOT
             and MHTC.
[Instruction for 6.06 A.1: This Paragraph should, in all instances, be added as a Supplementary
Condition. Add the appropriate number of days in the blank and the address and name of Project
Manager. The recommended minimum number of days prior to Bid day is 11 so that the deadline does
not fall on the weekend and enough time is allotted for DESIGN PROFESSIONAL to evaluate the
proposed "or-equal" item and for an addendum incorporating accepted "or-equals" to be issued. Be
certain to remove this note before your final Contract Document is printed.]
SC-6.06 A.1 Article 6, Paragraph 6.06 Substitutes and "Or-Equal" Items, Paragraph A is
amended by adding the following at the end of Paragraph A.1:
         Proposed "or-equal" items must be submitted to CITY at least ___ days prior to Bid date
         at the following address:
         _______________________________
         _______________________________
         Kansas City, Missouri 641__
         Attn: _________________, Project Manager
         Only Bidders may submit proposed "or-equal" items and such items must require no
         change in related Work. Acceptance by CITY of any proposed "or-equal" items will be
         made by Addendum only.
[Instruction for 6.06 A.2: This Paragraph should be added as a Supplementary Condition. It is
recommended that a deadline for submission of proposed substitutes be established to prevent delays.
Enter an appropriate number of days in the blank provided so enough time is allotted for DESIGN
PROFESSIONAL to evaluate the proposed substitute item before it is scheduled to be incorporated into
the Work. Be certain to remove this note before your final Contract Document is printed.]
SC-6.06 A.2. Article 6, Paragraph 6.06 Substitutes and "Or-Equal" Items, Paragraph A is
amended by adding the following at the end of Paragraph A.2:
         Proposed substitute items must be submitted to CITY's Representative not later than
         ___ days prior to the time the item is to be incorporated into the Work. Only
         CONTRACTOR may submit proposed substitute items, and such items must be
         submitted to CITY's Representative on the standard City form 01630 - Substitution
         Request. Acceptance by CITY of any proposed substitute item will be made by Change
         Order.
[Instruction for 6.07 B: List any Subcontractor(s) or Supplier(s) that CITY wants to pre-approve and the
date specified for approval. If not applicable, delete this SC. Be certain to remove this note before
your final Contract Document is printed.]
SC-6.07 B. Article 6, Paragraph 6.07, Concerning Subcontractors, Suppliers and Others,
Subparagraph B is supplemented as follows:




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The following Subcontractors, Suppliers or other persons or organizations (including those who
are to furnish the principal items of materials or equipment) are to be submitted to CITY for
acceptance, on or before the date stated.
[Instruction for 6.07 J: If applicable, the Project Manager will determine the percentage of work to be
performed by the prime contractor on a project basis (consider the impact on subcontracting goals). If
not applicable, delete this SC. Be certain to remove this note before your final contract document
is printed.]
SC-6.07 J Article 6, Paragraph 6.07, concerning Subcontractors, Suppliers and Others, is
supplemented by adding Subparagraph J as follows:
CONTRACTOR shall perform with its own organization Work amounting to not less than ___%
of the total Contract Price. “Its own organization” shall be construed to include only workers
employed and paid by the CONTRACTOR and equipment owned or rented by the
CONTRACTOR, with or without operators. Such term does not include employees or equipment
of a subcontractor, assignee, or agent of the CONTRACTOR.
[Instruction for 6.09: If this project is being funded in whole or in part with funds administered by
MoDOT, this Paragraph must be supplemented to require the Contractor to secure a permit from MHTC’s
district engineer prior to working in state-controlled ROW. This paragraph should also identify any pre-
paid permit fees. Delete any portion of this SC which is not applicable. Be certain to remove this
note before your final Contract Document is printed.]
SC-6.09. Article 6, Paragraph 6.09, Permits, Subparagraph A is supplemented as follows:
CONTRACTOR shall secure a permit from the Missouri Highway and Transportation
Commission’s District Engineer prior to performing any work in state-controlled Right-of-Way.
CONTRACTOR does not need to obtain and pay for the following construction permits and
licenses, which have been paid for by CITY:
[Instruction for 6.10 I 2: The following paragraph should, in all instances, be modified depending upon
the location of the Work. Staff must determine and include wage rate(s) that apply to the specific project
and must determine if a Federal Wage Rate is required, and if so, which type. Please be reminded that
when a Federal Wage Decision is required, the Annual Wage Order for the State of Missouri must also be
included. Questions regarding the wage determinations should be directed to the Contract Compliance
Administrator. Be certain to remove this note before your final Contract Document is printed.]
SC-6.10. Article 6, Paragraph 6.10, Compliance with Laws and Regulations, is amended by
adding the following new Subparagraphs immediately following Subparagraph 6.10 I 2:
         a. CONTRACTOR will be required to comply with wage rates as follows:
             County – Cass, Clay, Jackson, Platte or Ray
                  Work Type:        Federal –    Heavy
                                    Federal –    Building
                                    Federal –    Utility
                                    State –      Heavy
                                    State –      Building


[Instruction for 6.10 O: City-owned utilities on City property may require that additional notifications of
utilities be made. If not applicable, delete this paragraph. Be certain to remove this note before
your final Contract Document is printed.]
SC-6.10. Article 6, Paragraph 6.10, Compliance with Laws and Regulations, is amended by
adding the following new Subparagraphs immediately following Subparagraph 6.10 O:



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    a. [List additional CONTRACTOR requirements.]
[Instruction for 6.10 S: The following paragraph should be included except for projects receiving
federal funding. If this project is receiving federal funding (this includes ARRA funds), delete this
SC in its entirety. Be certain to remove this note before your final Contract Document is printed.]
SC-6.10. Article 6, Paragraph 6.10, Compliance with Laws and Regulations, is amended by
adding the following new Subparagraph 6.10 S:
        1. “Resident Laborers” means laborers who have been residents of the State of
    Missouri for at least thirty days and who intend to remain Missouri residents, and residents
    of Nonrestrictive States.
        2. “Nonrestrictive States” means states identified by the Missouri Department of Labor
    and Industrial Relations Division of Labor Standards that have not enacted state laws
    restricting Missouri laborers from working on public works projects. A list of Nonrestrictive
    States can be found on the Division web site at http://www.dolir.mo.gov/ls/index.htm.
        3. A period of Excessive Unemployment is declared when the Missouri Department of
    Labor and Industrial Relations Division of Labor Standards provides notice of such
    declaration. When in effect, notice will be provided on the Division web site at
    http://www.dolir.mo.gov/ls/index.htm. It is CONTRACTOR’s obligation to determine whether
    a period of Excessive Unemployment is in effect when this Contract is let.
        4. CONTRACTOR agrees to follow the provisions of Section 290.560 - 290.575 RSMo
    and agrees that if a period of Excessive Unemployment has been declared at any point
    during the term of this Contract, it will employ and require all Subcontractors of whatever tier
    to employ only Resident Laborers for the Work to be performed under this CONTRACT.
    Provided, however, CONTRACTOR may use laborers who are not Resident Laborers when
    Resident Laborers are not available or are incapable of performing the particular type of
    work involved if CONTRACTOR so certifies in writing to CITY and CITY issues a written
    approval. This provision does not apply to regularly employed nonresident executive,
    supervisory or technical employees.
[Instruction for 6.11: The following sentence should, in all instances, be added as Supplementary
Conditions with the current dollar threshold. Be certain to remove this note before your final Contract
Document is printed.]
SC-6.11. Article 6, Paragraph 6.11, Taxes, is amended by adding the following sentence to
Subparagraph 6.11 B:
    B. Tax Compliance.             The following subparagraphs apply if the Contract is over
       $127,000.00.
[Instruction for 6.21: If it is contemplated that some of the material or equipment contracts will be taken
in the name of CITY initially and subsequently assigned to CONTRACTOR, language to this effect
explaining the procedure to be followed and identifying the particular items to be purchased should
appear in the Supplementary Conditions. If not applicable, and if SC-6.22 is not applicable, delete this
SC. If not applicable, but if SC-6.22 is applicable, “reserve” this SC. Be certain to remove this note
before your final Contract Document is printed.]
SC-6.21 RESERVED
[OR]
SC-6.21 Article 6, CONTRACTOR’s Responsibilities, shall be amended by adding the following
Paragraph 6.21 Assignment of Procurement Contracts from CITY to CONTRACTOR
immediately following Paragraph 6.20:



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6.21 Assignment of Procurement Contracts from CITY to CONTRACTOR
    A. Following the Effective Date of the Contract, CITY will assign all or part of the listed
procurement contract(s) to CONTRACTOR. Subject to acceptance by CONTRACTOR, all
duties, responsibilities and obligations of CITY for the assigned contract(s), or parts thereof, will
be assumed by CONTRACTOR.
         Contract                                      Description
[Instruction for 6.22: If a construction project will include One Percent for Art components, additional
provisions may be required in the Contract Documents. For those projects which will include art, several
possibilities can arise, including:
         1. The art may be a work that is fabricated off Site by the artist such as a framed painting or
            other movable item which is installed inside or outside the structure by CITY or
            CONTRACTOR or by the artist.
         2. The art may be work that is incorporated into the structure by CONTRACTOR or artist such
            as a mural painted on a wall or a mosaic or some other art that is actually fabricated or
            created on the Site.
If the art is fabricated off Site and can be installed by CITY after the structure is completed, then the
Contract may not require a Supplementary Condition. If the art will be fabricated or created on the Site,
then the art is considered a public improvement which invokes other statutory, charter, ordinance and risk
considerations, which may include Payment Bonds for the amount of the art, prevailing wage
requirements as applicable to the art, Performance Bonds, MBE/WBE requirements, Buy American
policy, general liability insurance, auto insurance, and workers’ compensation insurance. In particular,
because many artists are not able to obtain Payment or Performance Bonds because of the nature of
their work and because the bonding and insurance industry generally does not have a satisfactory
method to serve this need, it may be necessary to either redefine the scope of the artist’s work so that it is
done off Site, or if not possible, to weave the artist’s work into the Contract so that the bonding and
insurance for the CONTRACTOR can be extended to cover the artist. The following language is
suggested, however, each instance should be reviewed and approved by the Law Department before
either the art contract or the construction contract are developed. If not applicable, delete this SC. Be
certain to remove this note before your final Contract Document is printed.]
SC-6.22. Article 6, CONTRACTOR’S Responsibilities, shall be amended by adding the following
Paragraph 6.22 Work which includes One Percent for Art projects immediately following
Paragraph 6.21:
6.22. Work Which Includes One Percent for Art Projects
    A. During the term of this Contract at CITY’s option, CONTRACTOR shall incorporate into
the Work the services of CITY’s designated artist as a Subcontractor to perform specified
artwork associated with the Work. By Change Order, CONTRACTOR and its Surety shall
include CITY’s artist as a Subcontractor, shall extend the scope and amount of the Payment
and Performance and Maintenance Bonds, and general liability, automobile liability and workers’
compensation insurance to cover CITY’s artist in connection with the Project, and shall
incorporate the CITY’s contract requirements specific to the artist.
[Instruction for 7.02 A: List all other Contractors on the Site, with appropriate information, including
authority and responsibility for coordination of activities. Note, under 7.02 B, CITY shall have sole
authority and responsibility to coordinate activities among contractors, unless stated specifically in this
SC. If not applicable, delete this SC. Be certain to remove this note before your final Contract
Document is printed.]
SC-7.02 A. Article 7, Paragraph 7.02, Coordination, Subparagraph A is supplemented as
follows:




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         1. It is anticipated that work under separate contracts will be performed at the Site,
            concurrent with the Work to be performed pursuant to these Contract Documents.
            The following person, firm or corporation (“the Coordinating Contractor”) will have
            authority and responsibility for coordination of the activities among the various
            contractors           performing        work          at           the         Site:
            ______________________________________.
[Instruction: the following is suggested language to describe the specific matters and extent of the
authority of the Coordinating Contractor. Modify or supplement the language as appropriate to the
specific situation. Be certain to remove this note before your final Contract Document is printed.]
         2. The Coordinating Contractor shall coordinate the scheduling of work between this
            Contract and other concurrent contracts so that interference with the use of existing
            facilities and public works and conflicts with interfacing work will be minimized.
            Particular attention shall be paid to maintaining suitable traffic patterns and adequate
            access to the existing facilities.
         3. Whenever construction activities conflict with the use of existing facilities and public
            works, [choose the appropriate person, e.g. the Director, the facility manager,
            etc.] __________ shall decide which activity shall be given priority.               The
            Coordinating Contractor shall be responsible for coordinating work by its own forces,
            by other contractors and by all subcontractors with work by the operating staff of the
            existing facility. The Coordinating Contractor shall exert full control over the actions
            of all employees and other persons with respect to the use and preservation of
            property and existing facilities, except such control as may be specifically reserved to
            CITY or others. The Coordinating Contractor has the right to exclude from the Site
            all persons who have no purpose related to the Work or its inspection, and may
            require all person on the Site (except CITY’s employees) to observe the same
            regulations as the Coordinating Contractor requires of its own employees.
         4. [Insert if CONTRACTOR is not the Coordinating Contractor] CONTRACTOR will
            be expected to cooperate with the Coordinating Contractor and to schedule activities
            at the Site in a manner that will not result in delay or expense to CITY or other
            contractors.
[Instruction for 9.02 A: List responsibilities, authority and limitations of resident Project representative
who is not the DESIGN PROFESSIONAL; list responsibilities of DESIGN PROFESSIONAL during
construction. If not applicable, delete this SC. Be certain to remove this note before your final
Contract Document is printed.]
SC-9.02 A. Article 9, Paragraph 9.02, Resident Project Representative, Subparagraph A is
supplemented as follows:
The responsibilities, authority and limitations of authority of DESIGN PROFESSIONAL’s
resident Project representative as stated in Paragraph 9.08 are modified as follows:
[Instruction for 9.08 E: Identify DESIGN PROFESSIONAL’s Consultant(s), resident Project
representative and assistant(s). If not applicable, delete this SC. Be certain to remove this note before
your final Contract Document is printed.]
SC-9.08 E. Article 9, Paragraph 9.08, Limitations on DESIGN PROFESSIONAL’s Authority and
Responsibilities, Subparagraph E is supplemented as follows:
DESIGN PROFESSIONAL’s Consultant(s), resident Project representative and assistant(s) to
the resident Project representative are the following:
Consultant(s): _____________________________________.



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Resident Project representative: ________________________________.
Assistant(s) to the resident Project representative: ______________________________.
[Instruction for 12.01: To be used to customize each specification document as needed. Paragraphs B
and C below may be expanded to include multiple milestones and corresponding multiple liquidated
damages if the milestones are of such consequence that CITY will be damaged. Any modifications
from the terms and options provided in Paragraphs B and C, including the use of Work Days
instead of calendar days, must be approved by the Department Director and the Law Department.
Be certain to remove this note before your final Contract Document is printed.]
SC-12.01 Article 12, Paragraph 12.01, Time of the Essence is amended by adding the following
new Subparagraphs immediately following Subparagraph 12.01 A:
    B. Starting and Completion
         1. The Work to be performed under this Contract shall begin on the date specified in
            the written Notice to Proceed issued by the Director of ________, and the Work shall
            be substantially complete, in accordance with Paragraph 14.04, on or before (date)
            [OR] within______ Calendar Days thereafter. Once the Work starts, CONTRACTOR
            shall continuously pursue completion of the Work.
         2. The Work shall be completed and ready for final payment in accordance with
            Paragraph 14.07 on or before _(date)_ [or] within __________ Calendar Days after
            the date of Substantial Completion of the Work.
         [Instruction for 12.01 C: Do not include both types of damages clauses. Consult with the Law
         Department before choosing the type of damages provision that will be included in the Contract
         as well as the amount of liquidated damages to include in subsection C. Be certain to remove
         this note before your final Contract Document is printed.]
    C. Liquidated Damages
         1. If the Work is not substantially completed, in accordance with Paragraph 14.04, on or
            before (date) [OR] within the period stated in Paragraph 12.01 B.1, CONTRACTOR
            shall pay to CITY the amount of [Insert amount to be assessed. Consult with
            Law Department before choosing the amount of LD for substantial
            completion]________________________________________ ($ ______) as
            liquidated damages and not as a penalty for each Calendar Day until the Work is
            substantially complete. The amount of liquidated damages shall be deducted from
            any payments due or to become due CONTRACTOR.
         2. If the Work is not completed and ready for final payment in accordance with
            Paragraph 14.07, within the period stated in Paragraph 12.01 B.2, CONTRACTOR
            shall pay to CITY the amount of [Insert amount to be assessed. Consult with the
            Law Department before choosing the amount of LD for substantial completion]
            ________________________________________________ ($ ________________
            ) as liquidated damages and not as a penalty for each Calendar Day until the Work is
            completed and ready for final payment. The amount of liquidated damages shall be
            deducted from any payments due or to become due CONTRACTOR.
         [Instruction for 12.01 C.3: If this Contract involves special assessment items, insert the
             following paragraph and complete the blanks. If not applicable, delete this SC. Be
             certain to remove this note before your final Contract Document is printed.]
         3. This contract involves the issuance of special assessment tax bills. To
            approximate the additional costs of delay in levying special assessments and issuing
            special assessment tax bills, additional liquidated damages shall be deducted in the


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             amount of_______________________________________($__________________)
             for each Calendar Day for any delay in closing the Contract caused by
             CONTRACTOR.


         [OR]
    C. Actual Damages.
         If the Work is not completed within the Contract Times and, as a direct result, CITY
         incurs additional costs or loses revenues, then the amount of such additional costs and
         lost revenues, including but not limited to, costs for the completion, correction,
         replacement, or repair of the Work, lost rental income, costs of relocating tenants, costs
         of lease replacement or extension, any interest charges, fines or penalties imposed,
         and/or additional staff costs for administration, including legal costs, will be aggregated
         and assessed against CONTRACTOR. These and other such costs will compound and
         accrue until the completion of the Work and acceptance of the Work by CITY.
         CONTRACTOR shall pay actual damages to CITY in the amount of those additional
         costs and lost revenues.
[Instruction for 13.07: Changes in correction period; amend as required for projects with extended or
unique correction period. If not applicable, delete this SC. Be certain to remove this note before your
final Contract Document is printed.]
SC-13.07 Article 13, Paragraph 13.07, Correction Period, Subparagraph A is amended as
follows:
The correction period set forth in Paragraph 13.07 A shall be _________ ( ) years instead of
one (1) year, which longer period of time shall also be applicable to the correction period set
forth in Paragraph 13.07 C. All other provisions of Paragraph 13.07 remain unchanged except
as necessary to accommodate the revised length of the correction period.
[Instruction for 14.02 A: Include the following Paragraph A for SLBE Projects. Be certain to remove
this note before your final Contract Document is printed.]
SC-14.02 A. Article 14, Paragraph 14.02, Application for Progress Payments, is amended by
deleting Subparagraph A and adding the following:
    A. Application for Payment
    1. CITY may pre-pay CONTRACTOR _____% of CONTRACTOR’s total bid as stated in
       the Contract Documents without CONTRACTOR having to submit an Application for
       Payment. Thereafter, CONTRACTOR shall submit to DESIGN PROFESSIONAL for
       review an Application for Payment (but not more than every two weeks) filled out and
       signed by CONTRACTOR covering the Work completed as of the date of the Application
       and accompanied by such supporting documentation as is required by the Contract
       Documents. If payment is requested on the basis of materials and equipment not
       incorporated into the Work but delivered and suitably stored at the Site or at another
       location agreed to in writing, the Application for Payment shall also be accompanied by a
       bill of sale, paid invoice or other documentation warranting that CITY has received the
       materials and equipment free and clear of all Liens and evidence that the materials and
       equipment are covered by appropriate property insurance and other arrangements to
       protect CITY’s interest therein, all of which will be subject to CITY’s approval.
    2. Beginning with the second Application for Payment, each Application shall include:



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         a. an affidavit of CONTRACTOR stating that all previous progress payments received
            for the Work have been applied to discharge CONTRACTOR’s legitimate obligations
            associated with prior Applications for Payment, and
         b. an update to the approved schedule pursuant to paragraphs 6.04 and 6.05, if
            applicable.
    3. No retainage with respect to progress payments will be withheld.
[Instruction for 14.02 A: Include the following retainage language; amend as required for projects
funded in whole or in part by Federal funds or innovative financing as specified in the Federal
requirements – usually Ten Percent (10%) retainage. Be certain to remove this note before your final
Contract Document is printed.]
SC-14.02 A. Article 14, Paragraph 14.02, Application for Progress Payments, Subparagraph A
is amended by deleting Item 3 and adding the following:
    3. CITY shall make payments to CONTRACTOR monthly on or about the ______ day of
       each month. Payments to CONTRACTOR will be made on the basis of ninety-five
       percent (95%) of the value of the Work satisfactorily completed plus ninety-five percent
       (95%) of the value of properly stored and insured, unused materials on hand on the Site
       of the Work. CITY shall retain five percent (5%) of each partial payment until completion
       and acceptance of the Work covered by the Contract and final payment is due. All Work
       covered by a payment becomes CITY’s property, provided that the Work paid for
       remains the sole responsibility of CONTRACTOR until all terms and conditions of the
       Contract have been met.
[Instruction for 14.04: For applicable projects it may help to avoid disputes between CITY and
CONTRACTOR if it is stated that certain specific items of the Work either must be, or need not be, fully
completed at the time of Substantial Completion. This may be accomplished in SC-14.04 by adding
language to expand GC-14.04 A to list certain principal items that must be ready for continuous service
by CITY, or to list such items as fencing, landscaping, or signing, the completion of which may not be a
requirement for Substantial Completion. . If not applicable, delete this SC. Be certain to remove this
note before your final Contract Document is printed.]
SC-14.04. Article 14, Paragraph 14.04, Substantial Completion, Subparagraph A is
supplemented as follows:
    A. To be considered substantially complete, the following items of the Work must be
       operational and ready for CITY’s continuous use as intended: [list]
[Instruction for 14.05: Provisions are made in GC-14.05 for CITY to utilize a substantially completed part
of the Work, which has been specifically identified in the Contract Documents, prior to Substantial
Completion of all the Work. The description or limits of the Work to be so utilized should be set forth in
the General Requirements with supplementary work-related details covered in the Specifications. When
the early acceptance of a substantially completed part of the Work is accomplished in this matter, it is
recommended that consideration be given to starting the correction period (see GC-13.07) for that part of
the Work at the time of Substantial Completion of that Work. In such a case, CITY may wish the
correction period to run for more than the customary one (1) year. Similarly, the time period of any
special guarantee applicable to that part of the Work might commence to run on the date of Substantial
Completion of that part of the Work. Also to be considered is the period of time after Substantial
Completion of a finished part of the Work during which any Performance Bond will be applicable to that
part of the Work. If the understanding is clear at the time when the Contract is signed, the change with
respect to the correction period should appear in SC-13.07 or in the portion of the Contract documents
where the part of the Work that may be so utilized is identified (with a cross reference in SC-13.07);
otherwise, it can be negotiated and accomplished by agreement at the time of Substantial Completion of
the finished part of the Work.




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In some projects it may be important to state in the Contract Documents CITY’s right to request
CONTRACTOR’s permission for CITY to take over a part of the Work that can be separately operated but
is not technically substantially complete. If applicable, the following language may be used. If not
applicable, delete this SC. Be certain to remove this note before your final Contract Document is
printed.]
SC-14.05 Article 14, Paragraph 14.05, Partial Utilization is amended by adding the following
new Subparagraph A.3. immediately following Subparagraph 14.05 A.2:
         3. CITY at any time may make a written request to CONTRACTOR to permit CITY to
            take over operation of any part of the Work although it is not substantially complete.
            A copy of the request will be sent to DESIGN PROFESSIONAL, and within a
            reasonable time thereafter CITY, CONTRACTOR and DESIGN PROFESSIONAL
            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 make written objection to
            CITY and DESIGN PROFESSIONAL that such part of the Work is not ready for
            separate operation by CITY, DESIGN PROFESSIONAL will finalize the list of items
            to be completed or corrected and will deliver such lists to CITY and CONTRACTOR.
            DESIGN PROFESSIONAL will also make a written recommendation as to the
            division of responsibilities pending final payment between CITY and CONTRACTOR
            with respect to security, operation, safety, maintenance, utilities, insurance,
            warranties and guarantees for that part of the Work, which recommendation will
            become binding upon CITY and CONTRACTOR at the time when CITY takes over
            such operation (unless they shall have otherwise agreed in writing and so informed
            DESIGN PROFESSIONAL). During such operation and prior to Substantial
            Completion of such part of the Work, CITY shall allow CONTRACTOR reasonable
            access to complete or correct items on said list and to complete other related Work.
[Instruction for SC 17.06, etc.: If the Contract requires that miscellaneous subjects not within the
existing seventeen Articles of the General Conditions need be addressed, add additional sections as
applicable. If not applicable, delete this SC. Be certain to remove this note before your final Contract
Document is printed.]
SC-17.__ Article 17, Miscellaneous, is amended by adding the following Paragraph(s)
immediately following Paragraph 17.05:
17.06 (title)
[Instruction for SC 18.01, etc.: If the Contract requires that a subject not within the existing seventeen
articles of the General Conditions need be addressed, and is not an individual item which may be
included within Article 17, add additional articles and sections as applicable. If not applicable, delete this
SC. Be certain to remove this note before your final Contract Document is printed.]
SC-18.__ The General Conditions are amended by adding the following Article(s):
ARTICLE 18 (title)




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