These Supplemental Conditions form a part of, and are incorporated

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UW Project Name Section 00 73 00
UW Project Number SUPPLEMENTAL CONDITIONS TO THE
Consultant Name GENERAL CONDITIONS
Date of Specifications
Page 1 of 8

These Supplemental Conditions form a part of, and are incorporated in the Contract Documents
and modify, delete, add, and replace provisions of the General Conditions. Provisions not altered
remain in effect. All terms defined elsewhere in the Contract Documents shall have the same
meaning in these Supplemental Conditions.

00 73 01 TIME OF COMPLETION AND LIQUIDATED DAMAGES

The Work shall be commenced on the effective date specified in the Notice to Proceed
and shall be substantially complete within a period not to exceed ( ) calendar
days. For failure to achieve Substantial Completion of the Work within the time provided,
Contractor shall pay Owner $ for each calendar day from the date when
Substantial Completion should have been achieved to the date Substantial Completion
is actually achieved. The provisions of the General Conditions section 3.07, for
liquidated damages, remain in effect.

00 73 02 CONTRACTOR’S LIABILITY INSURANCE
______________________________________________________________________
Specifier – Contractor’s Pollution Liability Insurance Requirements: Use the
following section requiring the Contractor to provide evidence of Contractor’s
Pollution Liability insurance if the project includes the remediation, abatement,
repair, maintenance or other work with any of the following: asbestos containing
materials; lead-containing products (paint, coatings, components); mercury;
underground storage tanks; or other hazardous materials.
______________________________________________________________________

Add item 3 to Section 2.01.A as follows:

3. Contractor’s Pollution Liability (CPL) policy covering against claims for bodily injury,
property damage and cleanup costs/environmental damages arising from pollution
conditions caused in the performance of covered operations.

a. If the work involves remediation, abatement, repair, maintenance or other work
with asbestos containing materials, lead-containing products (paint, coatings,
components), mercury, underground storage tanks, and/or other hazardous
materials, the CPL policy shall not exclude such coverage, or a specific policy
covering such exposure shall be required from the Contractor or the
subcontractor performing such work.

b. If the work involves transporting hazardous materials or waste, a separate policy
or endorsement to the CPL policy specifically providing coverage for liability and
cleanup, arising from an upset or collision during transportation of hazardous
materials is required from the Contractor or subcontractor performing such work.

Such policy shall name the Owner as an additional insured, be primary and
noncontributory, and provide at least 45 days notice of cancellation or non-renewal to
the Owner. If the work is performed by a subcontractor and such coverage is provided
by the subcontractor, coverage shall name both the Contractor and Owner as additional
insureds.

Last Revised: September 1, 2011
UW Project Name Section 00 73 00
UW Project Number SUPPLEMENTAL CONDITIONS TO THE
Consultant Name GENERAL CONDITIONS
Date of Specifications
Page 2 of 8

00 73 03 COVERAGE LIMITS
______________________________________________________________________
Specifier – Include the section below if Contractor’s Pollution Liability Insurance
is required. If a significant amount of hazardous materials abatement work is
included in the project, consult with the UW’s Contracts Manager as to whether
the limit specified below is appropriate or should be increased.
______________________________________________________________________

Add item E to Section 2.02 as follows:

E. $2,000,000 each claim, $2,000,000 aggregate, Contractor’s Pollution Liability

______________________________________________________________________
Specifier – Include the section below for projects over $3 million.
______________________________________________________________________

Revise the General Liability insurance coverage amounts required in the General
Conditions section 2.02 to $2,000,000 per occurrence and $5,000,000 in the aggregate.

00 73 04 BUILDER'S RISK
______________________________________________________________________
Specifier – Builder’s Risk Insurance is required for every project. Consult with
the CPO Contracts Office to determine whether the following language should be
modified for your particular project.
______________________________________________________________________

Delete Section 2.06 A and B and replace with the following new Section 2.06 A: “Owner
will purchase and maintain Builder’s Risk property insurance on an “all risk” basis,
insuring against the perils of fire and extended coverage and physical loss or damage
including theft, vandalism, malicious mischief, collapse, false work, temporary buildings,
and debris removal including demolition resulting from the enforcement of any
applicable legal requirements, and excluding earthquake and flood coverage, in the
amount of the Contract Sum including all Change Orders for the entire Work on a
replacement cost basis until Substantial Completion. The policy will cover the interests
of the Owner, Contractor, Subcontractors, and Sub-subcontractors as their interests
may appear. Contractor shall be responsible for all losses up to the policy deductible
amount of $5,000 per occurrence for projects with a Contract Sum less than $500,000;
and $10,000 per occurrence for projects with a Contract Sum valued at $500,000 or
more. A specimen policy is available for inspection. Contractor is not required to obtain
Builder’s Risk property insurance. If the Contractor believes it has a loss that is covered
by Builder’s Risk property insurance, and it is likely to exceed the policy deductible, the
Contractor shall notify the Owner within 48 hours.”

In Section 2.06, delete the following from paragraph C: “A/E, A/E’s subconsultants” and
renumber paragraph C as paragraph B.

00 73 05 PARTNERING
______________________________________________________________________
Specifier – May apply to projects with a MACC over $1 million. Discuss with
University Project Manager to determine if this is applicable.
______________________________________________________________________

Last Revised: September 1, 2011
UW Project Name Section 00 73 00
UW Project Number SUPPLEMENTAL CONDITIONS TO THE
Consultant Name GENERAL CONDITIONS
Date of Specifications
Page 3 of 8

A. Owner proposes to utilize the "partnering" concept for this Project. Partnering
emphasizes a cooperative approach to problem-solving involving all key parties to
the Project: Owner, Architect, and Contractor and principal Subcontractors.

B. Participation in partnering will be voluntary. Upon contract award, Contractor will be
given the option to participate in partnering.

C. If Contractor decides to participate, workshops to define partnering relationships will
be scheduled not-to-exceed Two days or as mutually agreed. The purpose of the
workshop will be:

1. To establish mutual understanding of partnering concepts;

2. To develop the mission statement and goals for the Project for all parties; and

3. To develop a process so that critical issues can be quickly resolved.

D. Owner will be responsible for providing the facilities for the workshop, as well as a
facilitator and any workshop materials. Contractor is requested to pay 1/3 of the
costs for the facilitator and facilities in an amount not-to-exceed $2,000. Contractor
and Architect are expected to provide their Project personnel for the workshop at no
cost to Owner.

E. At the conclusion of the workshop it is anticipated that a definitive working
arrangement for partnering will be agreed upon and committed to in writing by the
participants. Parties may withdraw from the partnering arrangement upon written
notice to the others. Should the partnering arrangement terminate, claims or
disputes settled or changes approved during the existence of the partnering
arrangement shall not be affected.

00 73 06 CLAIMS AND DISPUTE RESOLUTION
______________________________________________________________________
Specifier – This section is to be included if MACC is over $10 million. If MACC is
between $5 million and $10 million, discuss with the University Project Manager.
For all other projects, delete.
______________________________________________________________________

Replace section 8.02 in its entirety with:

8.02 DISPUTES REVIEW BOARD

A. If Contractor disagrees with Owner's decision regarding a Claim rendered in
accordance with paragraph 8.01D, Contractor shall be required to provide Owner
with a written appeal within 14 days after the date of Owner's decision. Should
Contractor timely appeal Owner's decision, the matter shall be referred to the
Disputes Review Board ("Board"). Failure to file a written appeal within the 14-day
period shall result in Owner's decision being final and binding upon Contractor.
B. The Board is an advisory body to be created for this Project. The Board's function
will be to assist in the resolution of claims, disputes, or controversy between
Contractor and Owner in order to prevent design and/or construction delay and
possible court litigation.

Last Revised: September 1, 2011
UW Project Name Section 00 73 00
UW Project Number SUPPLEMENTAL CONDITIONS TO THE
Consultant Name GENERAL CONDITIONS
Date of Specifications
Page 4 of 8

C. The Board will consider disputes referred to it, and furnish findings and
recommendations to Owner and Contractor to assist in the resolution of the
differences between them. The Board will essentially be acting in the role of
mediator, providing special expertise to assist and facilitate the resolution of
disputes.

D. The Board shall consist of one member selected by Owner and one member
selected by Contractor, with these two members to select the third member. The
first two members shall be mutually acceptable to both Owner and Contractor. No
member shall have a financial interest in the Work, except for payments for
services on the Board. No employee of Owner, Contractor, any Subcontractor, or
A/E shall be a member of the Board. Owner and Contractor shall select the
members and negotiate an agreement with them within the first 30 calendar days
after the Public Works Contract is signed. The agreement will describe the work,
responsibilities, and duties of the Board, and Owner's and Contractor's obligations
and responsibilities with respect to each other and to the Board. A sample form of
agreement is included as a Special Form. The process used to replace any
member shall be the same process used in the original selection of the member
being replaced. In the event of an impasse in selection or replacement of any
member, the appointment will be made by the Presiding Judge of the King County
Superior Court.

E. The Board will formulate its own rules of operation, except to the extent any such
rules are provided for herein. In order to keep abreast of the Work, the members
shall regularly visit the Project, keep a current file, and regularly meet with other
members of the Board and with representatives of Owner and Contractor. The
frequency of these visits shall be as agreed between Owner, Contractor, and the
Board.

F. Compensation for the Board members, and the expenses of operation of the Board,
shall be shared by Owner and Contractor in accordance with the following:

1. Owner will pay the fee and travel expense for its selected member.

2. Contractor shall pay the fee and travel expense for its selected member.

3. Owner and Contractor shall share equally in the third member's fee and travel,
and all of the expenses of the Board. These equally shared expenses shall be
billed to and paid by Owner. Contractor's share will be deducted from monies
due Contractor.

4. Owner shall, at its cost, provide administrative services, such as a meeting
room and secretarial services, to the Board.

G. Contractor's appeal shall be heard by the Board within 30 days of the date of receipt
of the appeal by Owner, unless another time is mutually agreed to by Owner and
Contractor. Pending final decision by the Board of a dispute, Contractor shall
diligently proceed with the Work as previously ordered.

H. Contractor and Owner shall each be afforded an opportunity to be heard by the
Board and by offer of evidence. In order to provide Owner the opportunity to fully
and fairly evaluate Contractor Claims, the full disclosure and presentation at the
Board hearing of all relevant facts and circumstances giving rise to the Claim

Last Revised: September 1, 2011
UW Project Name Section 00 73 00
UW Project Number SUPPLEMENTAL CONDITIONS TO THE
Consultant Name GENERAL CONDITIONS
Date of Specifications
Page 5 of 8

required above shall be a condition precedent to Contractor's right to further pursue
its Claim in any tribunal with authority to render binding decisions.

The Board's recommendations toward resolution of a dispute shall be given in
writing to both Owner and Contractor. The recommendations shall be based on the
Contract provisions and the actual cost incurred.

I. Within 30 days of receiving the Board recommendations, both Owner and
Contractor shall respond to the other in writing signifying that the dispute is either
resolved or remains unresolved. If Owner and Contractor are able to resolve their
dispute with the aid of the Board's recommendations, the terms of the resolution
shall be incorporated in a Change Order. Should the dispute remain unresolved,
Contractor shall serve and file a lawsuit in an appropriate court within 120 days of
the Board's recommendation. This requirement cannot be waived except by an
explicit waiver signed by Owner. The failure to file a lawsuit within said 120-day
period shall result in Owner's decision rendered in accordance with paragraph
8.01D being final and binding on Contractor and its Subcontractors of any tier. The
Board's findings and recommendations shall be admissible evidence in any further
proceedings.

J. In the event further proceedings, either judicial or nonjudicial, are required to
resolve the dispute, Contractor will be barred from offering in such further
proceeding any evidence of facts or legal theories that Contractor did not offer or
assert at the Board hearing unless such evidence or theory was not and could not
have been discovered, in the exercise of due diligence, prior to the Board's hearing.
Contractor's failure to consult with counsel or fully investigate its Claim prior to
presenting such Claim to Owner will not excuse Contractor from its obligations to
fully apprise Owner of the detailed basis of the Claim.

K. At any time, either before or after a lawsuit has been commenced by Contractor in
accordance with paragraph 8.02I, Owner may require Contractor to participate in
further mediation or arbitration, or both, in any forum or format acceptable to
Owner.

L. Claims between Owner and Contractor, Contractor and its Subcontractors,
Contractor and A/E, and Owner and A/E shall, upon demand by Owner, be
submitted in a single forum, or Owner may consolidate such Claims or join any of
the above-named parties in the same forum.

M. If the parties resolve the Claim prior to Final Acceptance, the terms of the resolution
shall be incorporated in a Change Order. The Change Order, including any
adjustment in the Contract Sum or Contract Time, shall be full compensation for
any changes in the Work, including full payment for costs of all delays in connection
with such changes and including full payment for any expense or inconvenience,
disruption of schedule, and loss of efficiency or productivity by Contractor.

00 73 07 PERMITS REQUIRED
______________________________________________________________________
Specifier – Optional. Use if additional permits are required by the City of Seattle
Department of Planning and Development (DPD) or other reviewing agencies.
List from the technical specifications (Divisions 02 through 49) any permits the
Contractor is required to obtain.

Last Revised: September 1, 2011
UW Project Name Section 00 73 00
UW Project Number SUPPLEMENTAL CONDITIONS TO THE
Consultant Name GENERAL CONDITIONS
Date of Specifications
Page 6 of 8

______________________________________________________________________

00 73 08 ENVIRONMENTAL MITIGATION
______________________________________________________________________
Specifier – Option. Use if environmental mitigation is required by the City of
Seattle Department of Planning and Development (DPD) or other reviewing
agencies.
______________________________________________________________________

00 73 09 FINAL PAYMENT
______________________________________________________________________
Specifier – Insert for all projects that have an asbestos component.
______________________________________________________________________

Requests for final payment will not be processed until the post-job asbestos abatement
submittal package has been reviewed and approved by the Owner and the Asbestos
A/E.

00 73 10 APPRENTICESHIP UTILIZATION REQUIREMENTS

Specifier – For projects with a first date of advertising as follows, add a new Section
10.13 as indicated below:

 On or after January 1, 2011 with an estimated construction cost (MACC) of $2
million or more (insert 12%);
 On or after January 1, 2012 with an estimated construction cost (MACC) of $1
million or more (insert 15%)

10.13 APPRENTICE UTILIZATION REQUIREMENTS

A. The Contractor shall ensure that at least ______% of the total labor hours utilized on
the project are performed by apprentices registered with the Washington State
Apprenticeship and Training Council.

1. Total labor hours include additional hours worked as a result of change orders.

2. Total labor hours exclude hours worked by foremen, superintendents,
supervisors, owners, and workers who are not subject to prevailing wage
requirements. However, total labor hours shall include the hours worked by
supervisors, foremen, and superintendents if it is determined they are subject
to prevailing wage requirements pursuant to Washington Administrative Code
(WAC) 296-127-015.

3. Total labor hours includes all hours worked by the Contractor and all
subcontractors on the Project.

B. The Contractor shall meet or exceed the apprentice utilization requirements of the
Contract Documents on all labor hours on the Project.

Last Revised: September 1, 2011
UW Project Name Section 00 73 00
UW Project Number SUPPLEMENTAL CONDITIONS TO THE
Consultant Name GENERAL CONDITIONS
Date of Specifications
Page 7 of 8

C. The Contractor shall include the apprentice utilization requirements of Paragraph A,
above, in all subcontracts executed for the Project.

D. If, during the term of the Contract, the Contractor determines that it will be unable to
meet the percentage utilization requirement in Paragraph A, above, the Contractor
may make a written request to the Owner to reduce the required percentage. The
request shall include documentation of:

1. The Contractor’s good faith efforts to use registered apprentices; and/or

2. The lack of availability of registered apprentices; and/or

3. A disproportionately high ratio of material costs to labor hours, which makes
infeasible the required minimum level of apprentice participation.

E. The Owner shall evaluate the request, and if appropriate, a change order shall be
prepared by the Owner reducing the utilization requirement.

F. With its monthly Application for Payment, the Contractor shall submit the Apprentice
and Journey Level Worker Utilization Report on the form in Appendix A.

00 73 11 OFF-SITE PREFABRICATION REPORTING REQUIREMENTS
______________________________________________________________________
Specifier: Include the following paragraph for all projects with an estimated
construction cost (MACC) over $1 million, as follows:

 If Section 10.13 APPRENTICESHIP UTILIZATION REQUIREMENTS is
included, add the following new paragraph and number it as 10.14;
 If Section 10.13 APPRENTICESHIP UTILIZATION REQUIREMNTS is not
included, add the following new paragraph and number it as 10.13.
______________________________________________________________________
10.13 or 10.14 OFF-SITE PREFABRICATION REPORTING REQUIREMENTS

For contracts entered into between September 1, 2010 and December 31, 2013
information regarding all “off-site, prefabricated, non-standard, project specific items”
shall be identified. The information shall be submitted by the Contractor or
subcontractor who directly contracted for the items as part of the affidavit of wages paid
form filed with the Department of Labor and Industries. The Contractor shall include
language in its subcontracts requiring subcontractors and lower-tier subcontractors to
comply with this reporting requirement.

"Off-site, prefabricated, non-standard, project specific items" means products or items
that are:
a) Made primarily of architectural or structural precast concrete, fabricated steel,
pipe and pipe systems, or sheet metal and sheet metal duct work;
b) Produced specifically for the public work and not considered to be regularly
available shelf items;
c) Produced or manufactured by labor expended to assemble or modify standard
items; and
d) Produced at an off-site location outside Washington state.

Last Revised: September 1, 2011
UW Project Name Section 00 73 00
UW Project Number SUPPLEMENTAL CONDITIONS TO THE
Consultant Name GENERAL CONDITIONS
Date of Specifications
Page 8 of 8

The information to be provided to the Department of Labor and Industries includes:
a) The estimated cost of the public works project;
b) The name of the awarding agency and the project title;
c) The contract value of the off-site, prefabricated, non-standard, project specific
items produced outside of Washington state, including labor and materials;
and
d) The name, address, and federal employer identification number of the
contractor that produced the off-site, prefabricated, non-standard, project
specific items.

Last Revised: September 1, 2011