Document 007300Supplementary Conditions (K-12 School CM at Risk)

Document 007300Supplementary Conditions (K-12 School CM at Risk)

Exhibit E

Edit this sample document to include conditions specific to the school district’s projects and delete these notes.

Certifications

These Supplementary Conditions amend and supplement the General Conditions and other provisions of the Contract Documents as indicated below. All provisions not amended remain in full force and effect. The terms in these Supplementary Conditions defined in the Contracting Definitions or the General Conditions shall have the meanings assigned to them in those documents.

These Supplementary Conditions are authorized,by the Ohio Facilities Construction Commission, for use on projects constructed for the «insert name»School District funded by the Ohio Facilities Construction Commission.

Insert the name and relevant general contact information for the school district below.

Contracting Authority

«insert name» School Districtin conjunction withOhio Facilities Construction Commission

«insert street address»30 West Spring Street, 4th Floor

«insert city, state zip code»Columbus, Ohio 43215

«insert phone number»614.466.6290

«insert website»

Owner

«insert name» School District

«insert street address»

«insert city, state zip code»

«insert phone number»

«insert website»

Modifications to General Conditions

Delete Section 1.2 in its entirety.

Replace Section 2.1.1 with the following:

2.1.1The Executive Director of the Ohio Facilities Construction Commissionshall designate a Project Manager for the Project to consult with the A/E and the Owner. The Project Manageris authorized to act on behalf of the Commission to perform specific responsibilities under the Contract.

Replace Section 2.2.1 with the following:

2.2.1The School District Board (“Owner”) shall execute and administer the Contract in compliance with Applicable Law.The Owner shall designate a representative authorized to act on behalf of the Owner during the Project. In addition, the Owner may employ an Owner’s Agent to perform certain duties of the Owner under the Contract.

Delete modifications to Sections 2.6 and 3.3 below if A/E is providing testing and inspection services.

Insert Sections 2.6 and 2.6.1 as follows:

2.6Testing and Inspection Services

2.6.1Unless otherwise specified in the Contract Documents, the Owner shall apply for, secure, and pay for the costs of structural testing and special inspections under Chapter 17 of the Ohio Building Code and for testing, including geotechnical analysis, environmental testing and analysis, concrete, masonry, structural steel, reinforcing steel, welding, bolts, steel connections, HVAC systems and controls, plumbing and piping, air and water balancing and testing, or other testing; or approvalrequired by Applicable Law.

Delete Section 3.3 in its entirety.

End of modifications to Sections 2.6 and 3.3.

Include Section 5.1.2.2 below if the CM will be responsible for reviewing the A/E’s design submissions for compliance with the Design Manual. Do not use if an Owner Agent is assigned and responsible for this activity.

InsertSection5.1.2.2 as follows:

5.1.2.1The CM shall obtain a copy of the Ohio School Design Manual (“Design Manual”). The CM shall endeavor to ensure that the plans and materials proposed for use in the project comply with the standards established by the Design Manual. The CM agrees that any variance from the Design Manual will be submitted to the Commission for approval.

Include Sections 5.1.3.3 and 5.1.3.4 below if the CM will be responsible for tracking and reconciling the District’s financial information. Coordinate with the A/E’s Agreement and do not use if an Owner Agent is assigned.

InsertSections5.1.3.3 and 5.1.3.4 and subordinate Sections as follows:

5.1.3.3 The CM shall maintain Project cost accounting records on Work performed by Subcontractors under unit costs, actual costs for labor and materials, or other appropriate basis and afford the Contracting Authority access to these records at all times. The CM shall maintain a log to track and record each approved expenditurefrom the Project Construction Fund. The CM shall review and reconcile the CM’s log with records maintained by the School District Treasurer on a quarterly basis and submit a report to the Commission and the Owner. The Project cost accounting records maintained by the CM shall include the following:

.1cost tracking for overall program management;

.2centralized review of invoices;

.3monthly financial reconciliation in consultation with the treasurer;

.4monthly Locally Funded Initiative reconciliation in consultation with the treasurer;

.5Master Plan amendments;

.6Drawdown schedule preparation;

.7Project status reports;

.8Locally Funded Initiative Memoranda of Understanding;

.9Final cost accounting; and

.10Project Agreement Close-out Calculator with supporting documentation.

5.1.3.4 The CM shall provide reports and other Project information through the Contracting Authority’s web-based tools including the following:

.1OAKS Capital Improvements;

.2Quarterly Drawdown Tool; and

.3Preparation of Budget Adjustment Reports.

The modifications to Section 6.12.1 below add minimum requirements to allow OFCC staff and others utilize the CM’s temporary facilities for remote work. Delete if Project is not selected as an OFCC remote work site.

InsertSection6.12.1.3 and subordinate sections as follows:

6.12.1.3 The CM shall provide space and equipment maintained in a clean condition and ready for use for the Project Manager, Owner’s Representative, A/E, and other OFCC staff to work remotely during the CM’s normal working hours throughout the progress of the Worka room with:

.1not less than 70-square feet;

.2a latching door;

.2suitable heating and cooling;

.3adequate lighting;

.4two 120-volt electrical outlets;

.5work table and chairs for two; and

.6trash and recycling containers as appropriate.

The modifications to Section 6.12 below revise the responsibility for all temporary utility costs to the Owner. Delete if Contractor is paying costs of temporary utilities for new construction.

ReplaceSection6.12.2.2.2 with the following:

.2The Owner shall pay the costs incurred in operating the temporary heating and ventilating systems.

ReplaceSection6.12.2.3.2 with the following:

.2The Owner shall pay the costs of energy consumed in operating the permanent HVAC system.

Delete Section 6.12.2.3.3 in its entirety.

Delete Section 6.12.2.4 in its entirety.

ReplaceSection6.12.3.1 with the following:

6.12.3.1 The Owner shall provide water necessary for the Work until the permanent plumbing system is available for use.

ReplaceSection6.12.3.4.2 with the following:

.2The Owner shall pay the costs of water consumed and sewerage charges.

Delete Section 6.12.3.4.3 in its entirety.

Delete Section 6.12.3.5 in its entirety.

ReplaceSection6.12.4.2 with the following:

6.12.4.2 The Owner shall pay the costs of energy consumed.

Delete Section 6.12.4.3 in its entirety.

Delete Section 6.12.4.4 in its entirety.

End of modifications to Section 6.12.

Replace Sections 7.7.2.2, 7.7.2.3, and 7.7.2.4 with the following:

7.7.2.2Labor. Any cost or credit arising from a change in the quantity of field labor directly involved in the Work shall be based upon the actual rate of pay to the worker being paid by the CM for such labor on the Project, or if such labor has not been previously employed on the Project, the base rate currently being paid by the CM on projects in the same locality, excluding fringe benefits.

7.7.2.3Fringes.Fringe benefits on the labor in Section7.7.2.2includingHealth and Welfare, vacation, apprenticeship training, and certain types of pension plans. Each of the fringes shall be a separate line item. The CM shall submit documentation supporting the calculation of the amounts for each fringe benefit for each worker classification.

7.7.2.4Allowable Payroll Expenses. Allowable payroll expenses for labor provided under Section7.7.2.2including payroll taxes as well as other benefits that are required by Applicable Law, such as federal and state Unemployment and Workers’ Compensation shall each be a separate line item.

Replace Section 8.10and subordinate Sections with the following:

8.10 Claim Decision

8.10.1The Project Manager, in conjunction with the Owner’s Representative, shall examine the CM’s Claim and the A/E’s analysis.

8.10.2The Project Manager, in consultation with the Owner’s Representative, shall approve or deny all, or any part, of the CM’s Claim and forward a written decision to the CM, A/E, Owner, and Commission within 14days after receiving the A/E’s analysis.TheProject Manager mayemploy independent resources to assist in its review,or refer evaluation of the Claim to a consultant.

8.10.3If the CM and the Owner agree with the Project Manager’s decision, the decision shall be incorporated into a Change Order.

8.10.4Any Claim remaining unresolved after completion of the process described under this Section8.10 shall be subject to Claim decision review as described under Section8.11.

Replace Section 8.11.1.1 with the following:

8.11.1.1 The written notice shall be delivered to the Executive Director of the Commission.

Delete Section 8.11.1.2.

Replace Sections 8.11.2, 8.11.3, 8.11.4, and 8.11.5 with the following:

8.11.2 The Commission shall schedule and conduct a meeting within 30days after receiving the CM’s request for review. The Commission may employ independent resources to assist in the meeting and review.8.11.3 The Commission shall determine the final disposition of the CM’s request for review and provide a written decision to the CM and Owner within 14days after the meeting.

8.11.4 The decision of the Commission is the final administrative decision of the Contracting Authority as described under ORC Section 153.12(B).

8.11.5 If the CM and the Owner agree with the Commission’s decision, the decision shall be incorporated into a Change Order.

Replace Section 9.2.11.2.4 with the following:

.4The CM shall attach certified payroll reports for the relevant period to one copy of each CM Payment Request.

Delete modification to Section 10.4.1 below if CM is providing and maintaining Builder’s Risk insurance.

Replace Section 10.4.1 with the following:

10.4.1The Owner shall maintain a builder’s risk insurance policy written on a special causes of loss form and an open-perils basis providing coverage for direct physical loss of or damage to covered property arising from insured perils that shall not exclude: theft; fire; vandalism; malicious mischief; earthquake; earth movement; tornado; lightning; explosion; breakage of glass; flood; windstorm; collapse; water damage; hot and cold testing; debris removal and/or demolition occasioned by enforcement of Applicable Law; sudden and accidental equipment breakdown; and resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials.

End of modification to Section 10.4.1.

END OF DOCUMENT

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