HomeMy WebLinkAbout2008-356AIndian River County
Purchasing Division
1800 27th Street
Vero Beach, FL 32960
Phone (772) 567-8000
Ext. 1416
Fax (772) 770-5095
ADDENDUM NO. 1
Date: Date August 29, 2008
Project Name: 5th Street SW Bridge Replacement and Intersection
Improvements
Bid Number: 2008075
Bid Opening Date: October 8, 2008 at 2:00 pm
*************This Addendum MUST be returned with your Bid**************
All Bids must be mailed to the Purchasing Division office located at 1800 27th Street, Vero
Beach, FL 32960 Prior to the Date and Time shown above. Late bids will be returned
unopened.
The Bid opening date was inadvertently stated as August 27, 2008 at 2:00 PM, -please note
this Bid opening will be held on October 8, 2008 at 2:00 PM
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TABLE OF CONTENTS
Title
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY,.,,,",,, .... I ................. I I I I I . I I I . . . I . . . . 9 4 . V . . . d 9 . 0 1 1 1 1 . I . I . I I . I I . I I . I . I I I I I I I I I 10 0 4 6 1 . a a a & 05
1.01 Defined Terms...................................................................................................................................5
1.02 Terminology............................................:..........................................................................................7
ARTICLE 2 - PRELIMINARY MATTERS...,..., ...................... I .., ............... a., ............... ooka..860.1.3
2.01 Delivery of Bonds..............................................................................................................................8
2.02 Copies of Documents........................................................................................................................8
2.03 Commencement of Contract Times; Notice to Proceed...................................................................8
2.04 Starting the Works., . . . . gas . . . . . . . . . . . . . . . . I I I . . . . . . . . . I . a . . 0 a a a . . 6 . . a 0 a I I I . . . I I . . . I I I . I I I I a............ sees.* . . . . . . a .0 . 000 . . . . . 8
2.05 Before Starting Construction.............................................................................................................8
2.06 Preconstruction Conference.............................................................................................................9
2.07 Initial Acceptance of Schedules........................................................................................................9
ARTICLE 3 s- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE,. .... I'll .................... ...... 9
3.01 Intent..................................................................................................................................................9
3.02 Reference Standards........................................................................................................................10
3.03 Reporting and Resolving Discrepancies. .............. @.'so .... as ................... ................. .... 10
3.04 Amending and Supplementing Contract Documents.......................................................................10
3.05 Reuse of Documents",,,... ................ ......... ...... ...............
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE
POINTS.................................................................................................................................:...................11
4.01 Availability of Lands...........................................................................................................................11
4.02 Subsurface and Physical Conditions................................................................................................11
4.03 Differing Subsurface or Physical Conditions.. ... 1.11.1 ............. ................. a 0 .... ego, .... 0 ........ oil
4.04 Underground Facilities......................................................................................................................12
4.05 Reference Points...........................:...................................................................................................13
4.06 Hazardous Environmental Condition at Site.....................................................................................13
ARTICLE 5 - BONDS AND INSURANCE.,,,,,,,.,...., ................................................ .......... a ............................... 14
5.01 Performance, Payment, and Other Bonds........................................................................................14
5.02 Licensed Sureties and Insurers........................................................................................................15
5.03 Certificates of Insurance...................................................................................................................15
5.04 CONTRACTOR'S Liability Insurance................................................................................................15
5.05 OWNER's Liability Insurance.............................................................................................................16
5.06 Property Insurance............................................................................................................................16
5.07 Waiver of Rights................................................................................................................................17
5.08 Receipt and Application of Insurance Proceeds...............................................................................18
5.09 Acceptance of Bonds and Insurance; Option to Replace.................................................................18
5.10 Partial Utilization, Acknowledgment of Property Insurer...................................................................18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES.........................................................::.::..................::.:::.:.........18
6.01 Supervision and Superintendence....................................................................................................18
6.02 Labor; Working Hours.......................................................................................................................18
6.03 Services, Materials, and Equipment.................................................................................................19
6.04 Progress Schedule............................................................................................................................19
6.05 Substitutes and "Or-Equals"..............................................................................................................19
6.07 Patent Fees and Royalties................................................................................................................21
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6.08 Permits'.. I add met I. do ".. a.. 0 0. 0. 0 6.. 1.. 0 met made a.. am "a me a a I made, 06.60 do a." am. "III a 0 1 e.e.. a I .... 11 ................ 22
ermits...............................................................................................................................................22
6.09 Laws and Regulations.................................................................................:.....................................22
6.10 Taxes ..............................................................................................22
.......................................
6.11 Use of Site and Other Areas "" 22
.....................................................................
6.13 Safety and Protection.......................:................................................................................................23
6.14 Safety Representative......................................:..........................................................................23
......
6.15 Hazard Communication Programs.....................:..............................................................................24
6.16 Emergencies'..,..,.,..., .... ............... .............................. ........... a................... 24
mergencies..............................................................................................................................:.......24
6.17 Shop Drawings and Samples............................................................................................................24
6.18 Continuing the Work.........................................................:................................................................25
6.19 CONTRACTOR's General Warranty and Guaranteed'.......",.,. ... 0 ........... 694 ...... **..am .......................... 25
6.20 Indemnification..........................................................25
..............................
ARTICLE 7 - OTHER WORK"...",,., ...............................................26
.....................................................
7.01 Related Work at Site.................26
................................
7.02 Coo rdination..................27
...........................................................
ARTICLE8 - OWNER'S RESPONSIBILITIES.............................................................................................................27
8.01 Communications to Contractor.........................................................................................................27
8.02 Replacement of ENGINEER...............................................................:.............................................27
8.03 Furnish Data .................... • •..27
............................................................................................................ ..
8.04 Pay Promptly When Due..,..., I added, am 0 1..abelt.b 0 0 0 6 0 . I I . I . 11.6 . . . 1.0.27
8.05 Lands and Easements; Reports and Tests......................................................................................27
8.06 Insurance ............................. .............................27
...................................................................
8.07 Change Orders.....................................................:............................................................................27
8.08 Inspections, Tests, and Approvals....................................................................................................27
8.09 Limitations on OWNER'S Responsibilities........................................................................................27
8.10 Undisclosed Hazardous Environmental Condition...........................................................................28
8.11 Evidence of Financial Arrangements...... I add added'. 0 ............ of ... 66.0..m000 ................................................... 28
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION,.,,, ... ... added .... 0 ..... I ................... 28
9.01 OWNER'S Representative................................................................................................................28
9.02 Visits to Site.......................................................................................................................................28
9.03 Project Representative......................................................................................................................28
9.04 Clarifications and Interpretations.......................................................................................................28
9.05 Authorized Variations in Work...........................................................................................................28
9.06 Rejecting Defective Work..................................................................................................................29
9.07 Shop Drawings, Change Orders and Payments..............................................................................29
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work... .......................... 29
9.10 Limitations on ENGINEER'S Authority and Responsibilities. I I 1.. 0 1 1. 1 1 1 1 1 ... add., ..... I ..... oW..6,..ft%4 ................ 29
ARTICLE10 - CHANGES IN THE WORK; CLAIMS....................................................................................................30
10.01 Authorized Changes in the Work....................................................................................................30
10.02 Unauthorized Changes in the Work................................................................................................30
10.03 Execution of Change Orders....,,,.,,".. .............................................................................................30
10.04 Notification to Surety.......................................................................................................................30
10.05 Claims and Disputes.........................................................31
.............................................
ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK'..", ... I .... I .... * .......... ..... 1.31
11.01 Cost of the Work.,'...,. ... 'I'm ....... . . . 6 1 1 1 0 1 1 . . I I I I . I I . 6 1 1 . . . a 0 . . 6 6 a 6 0 . . 9 0 a . I I I I . . . . . . . . . . . . a . . a 0 . I . I . ..06,31
11.02 Cash Allowances.............................................................................................................................33
11.03 Unit Pri................................33
ce Work.. ............
RACT PRICE; CHANGE OF CONTRACT TIMES..............................................34
ARTICLE 12 -CHANGE OF CONT
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12.01 Change of Contract Price.,..,., ... ............... 0 ............................. 0.0006 ...... *to ...... 34
12.02 Change of Contract Times..............................................................................................................35
12.03 Delays Beyond CONTRACTOR's Control......................................................................................35
12.04 Delays Within CONTRACTOR's Control,..,,.,,,,, ...... 1.11, ... ... I'll .......
12.06 Delay Damages...............................................................................................................................35
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVEWORK.,,,,,,,,,,,., ...... 0 0 . . . 6 6 0 0 . . . . . . . . . . . . . . . . . . . . . I . I I I I I a . 0 . a a 0 a a 0 * , * . . . . . . . . . . . . . . . I . 1 6 1 1 . . . . . . . . 1 0 a . 0 0 0 , . . a 0 . . 0 a . . . . . . . . . 35
13.01 Notice of Defects.............................................................................................................................35
13.02 Access to Work...............................................................................................................................35
13.03 Tests and Inspections..",,.",..,,., ........ "I ......... ................... & ....... we*&& ......................................... 35
13.04 Uncovering Work.............................................................................................................................36
13.05 OWNER May Stop the Work..........................................................................................................36
13.06 Correction or Removal of Defective Work......................................................................................37
13.07 Correction Period............................................................................................................................37
13.08 Acceptance of Defective Work., ...... ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . 9 037
13.09 OWNER May Correct Defective Work.. ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION.......................................................................38
14.01 Schedule of Values.........................................................................................................................38
14.02 Progress Payments.........................................................................................................................38
14.03 CONTRACTOR's Warranty of Title................................................................................................40
14.04 Substantial Completion...................................................................................................................41
14.05 Partial Utilization..............................................................................................................................41
14.06 Final Inspection...............................................................................................................................42
14.07 Final Payment,,. ........ I'll ...... ............... .......... ....... 0.42
14.09 Waiver of Claims.............................................................................................................................43
ARTICLE 15 we SUSPENSION OF WORK AND TERMINATION.," ....... .................... 43
15.01 OWNER May Suspend Work.........................................................................................................43
15.02 OWNER May Terminate for Cause................................................................................................43
15.03 OWNER May Terminate For Convenience....................................................................................43
15.04 CONTRACTOR May Stop Work or Terminate...............................................................................44
ARTICLE16 - DISPUTE RESOLUTION......................................................................................................................44
16.01 Methods and Procedures................................................................................................................44
ARTICLE17 - MISCELLANEOUS................................................................................................................................44
17.01 Giving Notice...................................................................................................................................44
17.02 Computation of Times.." ....... 11101..1.110111.6 ... ....................... ............... 44
17.03 Cumulative Remedies.....................................................................................................................44
17.04 Survival of Obligations, . . . . . 6 0 0 ... woo ............ 0 ..... 11 ... I ......... I .... 1101"..00660 ...... 0 . . . . . . . . . . . . 45
17.05 Controlling Law................................................................................................................................45
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GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Contract Documents
and printed with initial or all capital letters, the terms
listed below will have the meanings indicated which
are applicable to both the singular and plural thereof.
1. Addenda—Written or graphic instruments
issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the
Contract Documents,
2. Agreement --The written instrument which
is evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
3. Application for Payment --The form
acceptable to ENGINEER which is to be used by
CONTRACTOR during the course of the Work in
requesting progress or final payments and which is to
be accompanied by such supporting documentation
as is required by the Contract Documents,
4. Asbestos --Any material that contains
more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current
action levels established by the United States Occupa-
tional Safety and Health Administration,
5. Bid --The offer or proposal of a bidder
submitted on the prescribed form setting forth the
prices for the Work to be performed.
6. Bidding Documents—The Bidding
Requirements and the proposed Contract Documents
(including all Addenda issued prior to receipt of Bids).
7, Bidding Requirements --The
Advertisement or Invitation to Bid, Instructions to
Bidders, Bid security form, if any, and the Bid form
with any supplements.
8. Bonds --Performance and payment bonds
and other instruments of security.
9. Change Order --A document recommend-
ed by ENGINEER which is signed by CONTRACTOR
and OWNER and authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract
Price or the Contract Times, issued on or after the
Effective Date of the Agreement.
1.0. Claim --A demand or assertion by
OWNER or CONTRACTOR seeking an adjustment of
Contract Price or Contract Times, or both, or other
relief with -respect to the terms of the Contract. A
demand for money or services by a third party is not a
Claim.
11. Contract—The entire and integrated
written agreement between the OWNER and
CONTRACTOR concerning the Work. The Contract
supersedes prior negotiations, representations, or
agreements, whether written or oral.
12. Contract Documents The Contract-
Documents
ontractDocuments establish the rights and obligations of the
parties and include the Agreement, Addenda (which
pertain to the Contract Documents), CONTRACTOR's
Bid (including documentation accompanying the Bid
and any post Bid documentation submitted prior to the
Notice of Award) when attached as an exhibit to the
Agreement, the Notice to Proceed, the Bonds, these
General Conditions, the Supplementary Conditions,
the Specifications and the Drawings as the same are
more specifically identified in the Agreement, together
with all Written Amendments, Change Orders, Work
Change Directives, Field Orders, and ENGINEER's
written interpretations and clarifications issued on or
after the Effective Date of the Agreement. Approved
Shop Drawings and the reports and drawings of
subsurface and physical conditions are not Contract
Documents. Only printed or hard copies of the items
listed in this paragraph are Contract Documents. Files
in electronic media format of text, data, graphics, and
the like that may be furnished by OWNER to
CONTRACTOR are not Contract Documents,
13, Contract Price --The moneys payable by
OWNER to CONTRACTOR for completion of the
Work in accordance with the Contract Documents as
stated in the Agreement (subject to the provisions of
paragraph 11.03 in the case of Unit Price Work).
14. Contract Times --The number of days or
the dates stated in the Agreement to: (i) achieve
Substantial Completion; and (ii) complete the Work so
that it is ready for final payment as evidenced by
ENGINEER's written recommendation of final pay-
ment.
15, CONTRACTOR --The individual or entity
with whom OWNER has entered into the Agreement.
16. Cost of the Work—See paragraph 11.01.A
for definition.
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17. Drawings—That part of the Contract
Documents prepared or approved by ENGINEER
which graphically shows the scope, extent, and
character of the Work to be performed by
CONTRACTOR. Shop Drawings and other
CONTRACTOR submittals are not Drawings as so
defined.
18. Effective Date of the Agreement --The
date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the
date on which the Agreement is signed and delivered
by the last of the two parties to sign and deliver.
19. ENGINEER --The individual or entity
named as such in the Agreement.
entity having a contract with ENGINEERa1 n sh
services as ENGINEER's in pe enrrQ�t professional
associate or consult respect to the Project and
who is ed as such in the Supplementary
21. Field Order --A written order issued by
ENGINEER which requires minor changes in the
Work but which does not involve a change in the
Contract Price or the Contract Times.
22. General Requirements --Sections of
Division 1 of the Specifications. The General
Requirements pertain to all sections of the Specifica-
tions.
23. Hazardous Environmental Condition --The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may' present a
substantial danger to persons or property exposed
thereto in connection with the Work.
24. Hazardous Waste --The term Hazardous
Waste shall have the meaning provided in Section
1004 of the Solid Waste Disposal Act (42 USC
Section 6903) as amended from time to time.
25. Laws and Regulations; Laws or Regulat-
ions --Any and all applicable laws, rules, regulations,
ordinances, codes, and orders of any and all govern-
mental bodies, agencies, authorities, and courts
having jurisdiction.
completion date or time prior to Substantial Comple-
tion of all the Work.
28. Notice of Award—The written notice by
OWNER to the apparent successful bidder stating that
upon timely compliance by the apparent successful
bidder with the conditions precedent listed therein,
OWNER will sign and deliver the Agreement.
29. Notice to Proceed—A written notice given
by OWNER to CONTRACTOR fixing the date on
which the Contract Times will commence to run and
on which CONTRACTOR shall start to perform the
Work under the Contract Documents.
30. OWNER --The individual, entity, public
body, or authority. with whom CONTRACTOR has
entered into the Agreement and for whom the Work is
to be performed.
31. Partial Utilization --Use by OWNER of a
substantially completed part of the Work for the pur-
pose for which it is intended (or a related purpose)
prior to Substantial Completion of all the Work.
32. PCBs --Polychlorinated biphenyls.
33. Petroleum --Petroleum, including crude oil
or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees
Fahrenheit and 14.7 pounds per square inch
absolute), such as oil, petroleum, fuel oil, oil sludge, oil
refuse, gasoline, kerosene, and oil mixed with other
non -Hazardous Waste and crude oils.
34. Project --The total construction of which
the Work to be performed under the Contract
Documents may be the whole, or a part as may be
indicated elsewhere in the Contract Documents,
35. Project Manual—The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table(s) of contents.
36. Radioactive Material --Source, special
nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et
seq.) as amended from time to time.
37. Resident Project Representative --The
26. Liens --Charges, security interests, or authorized representative of ENGINEER who may be
encumbrances upon Project funds, real property, or assigned to the Site or any part thereof.
personal property.
38. Samples --Physical examples of
27. Milestone --A principal event specified in materials, equipment, or workmanship that are
the Contract Documents relating to an intermediate representative of some portion of the Work and which
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establish the standards by which such portion of the
Work will be judged.
39. Shop Drawings—All drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
40. Site—Lands or areas indicated in the
Contract Documents as being furnished by OWNER
upon which the Work is to be performed, including
rights -of --way and easements for access thereto, and
such other lands furnished by OWNER which are
designated for the use of CONTRACTOR.
41. Specifications --That part of the Contract
Documents consisting of written technical descriptions
of materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable. thereto.
42. Subcontractor --An individual or entity
having a directcontract with CONTRACTOR or with
any other Subcontractor for the performance of a part
of the Work at the Site.
43. Substantial Completion—The time at
which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of
ENGINEER, the Work (or a specified part thereof) is
sufficiently complete, in accordance with the Contract
Documents, so that the Work (or a specified part
thereof) can be utilized for the purposes for which it is
intended. The terms "substantially complete' and
"substantially completed" as applied to all or part of the
Work refer to Substantial Completion thereof.
44. Supplementary Conditions --That part of
the Contract Documents which amends or
supplements these General Conditions:
45. Supplier --A manufacturer, fabricator,
supplier, distributor, materialman, or vendor having a
direct contract with CONTRACTOR or with any
Subcontractor to furnish materials or equipment to be
incorporated in the Work by CONTRACTOR or any
Subcontractor.
46, Underground. Facilities--AII underground
pipelines, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels, or other such facilities or
attachments, and any encasements containing such
facilities, including those that convey electricity, gases,
steam, liquid petroleum products, telephone or other
communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or
other control systems.
47. Unit Price Work Work to be paid for on
the basis of unit prices.
48. Work --The entire completed construction
or the various separately identifiable parts thereof re-
quired to be provided under the Contract Documents.
Work includes and is the result of performing or
providing all labor, services, and documentation
necessary to produce such construction, and
furnishing, installing, and incorporating all materials
and equipment into such construction, all as required
by the Contract Documents.
49, Work Change Directive --A written
statement to CONTRACTOR issued on or after the
Effective Date of the Agreement and signed by
OWNER and recommended by ENGINEER ordering
an addition, deletion, or revision in the Work, or
responding to differing or unforeseen subsurface or
physical conditions under which the- Work is- to be
performed or to emergencies. A Work Change
Directive will not change the Contract Price or the
Contract Times but is evidence that the parties expect
that the change ordered or documented by a Work
Change Directive will be incorporated in a subse-
quently issued Change Order following negotiations by
the parties as to its effect, if any, on the Contract Price
or Contract Times.
50, Written Amendment --A written statement
modifying the Contract Documents, signed by
OWNER and CONTRACTOR on or after the Effective
Date of the Agreement and normally dealing with the
nonengineering or nontechnical rather than strictly
construction -related aspects of the Contract Docu-
ments.
1.02 Terminology
A. Intent of Certain Terms or Adjectives
1. Whenever in the Contract Documents the
terms "as allowed," "as approved," or terms of like
effect or import are used, or the adjectives
areasonable," "suitable," "acceptable," "proper,"
"satisfactory," or adjectives of like effect or import
are used to describe an action or determination of
ENGINEER as to the Work, it is intended that such
action or determination will be solely to evaluate, in
general, the completed Work for compliance with
the requirements of and information in the Contract
Documents and conformance with the design
concept of the completed Project as a functioning
whole as shown or indicated in the Contract
Documents (unless there is a specific statement
indicating otherwise). The use of any such term or
adjective shall not be effective to assign to ENGk
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NEER any duty or authority to supervise or direct
the performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.10 or any other provision
of the Contract Documents.
B. Day
1. The word "day' shall constitute a
calendar day of 24 hours measured from
midnight to the next midnight.
C. Defective
1. The word "defective," when modifying
the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it does
not conform to the Contract Documents or does
not meet the requirements of any inspection,
reference standard, test, or approval referred to
in the Contract Documents, or has been
damaged prior to ENGINEER's recom-
mendation of final payment (unless responsi-
bility for the protection thereof has been
assumed by OWNER at Substantial
Completion in accordance with paragraph
14.04 or 14.05).
D. Furnish, Install, Perform, Provide
1. The word "furnish," when used in
connection with services, materials, or
equipment, shall mean to supply and deliver
said services, materials, or equipment to the
Site (or some other specified location) ready for
use or installation and in usable or operable
condition.
2. The word "install," when used in
connection with services, materials, or
• equipment, shall mean to put into use or place
in final position said services, materials, or
equipment complete and ready for intended
use.
3. The words "perform" or "provide,"
when used in connection with services,
materials, or equipment, shall mean to furnish
and install said services, materials, or
equipment complete and ready for intended
use.
4. When "furnish," "install," "perform," or
"provide" is not used in connection with services,
materials, or equipment in a context clearly
requiring an obligation of CONTRACTOR,
"provide" is implied.
E. Unless stated otherwise in the Contract Docu-
ments, words or phrases which have a well-known
technical or construction industry or trade meaning are
used in the Contract Documents in accordance with
such recognized meaning.
ARTICLE 2 - PRELIMINARY MATTERS
2.01 Delivery of Bonds
A. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR
may be required to furnish.
2.02 Copies of Documents
A. OWNER shall furnish to CONTRACTOR up
to ten copiesof the Contract Documents. AdditionaL
copies will be furnished upon request at the cost of
reproduction.
2.03 Commencement of Contract Times; Notice
to Proceed
A. The Contract Times will commence to run on
the thirtieth day after the Effective Date of the Agree-
ment or, if a Notice to Proceed is given, on the day
indicated in the Notice to Proceed. A Notice to Pro-
ceed may be given at any time within 30 days after the
Effective Date of the Agreement. In no event will the
Contract Times commence to run later than the
sixtieth day after the day of Bid opening or the thirtieth
day after the Effective Date of the Agreement,
whichever date is earlier.
2.04 Starting the Work
A. CONTRACTOR shall start to perform the
Work on the date when the Contract Times com-
mence to run. No Work shall be done at the Site prior
to the date on which the Contract Times commence to
run.
2.05 Before Starting Construction
A. CONTRACTOR's Review of Contract Docu-
ments: Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
figures therein and all applicable field measurements.
CONTRACTOR shall promptly report in writing to
ENGINEER any conflict, error, ambiguity, or
discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGINEER before proceeding with any Work affected
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thereby; however, CONTRACTOR shall not be liable
to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity, or discrepancy in the
Contract Documents unless CONTRACTOR knew or
reasonably should have known thereof.
B. Preliminary Schedules: Within ten days after
the Effective Date of the Agreement (unless otherwise
specified in the General Requirements), CONTRAC-
TOR shall submit to ENGINEER for its timely review:
1. a preliminary progress schedule
indicating the times (numbers of days or dates)
for starting and completing the various stages
of the Work, including any Milestones specified
in the Contract Documents;
2, a preliminary schedule of Shop
Drawing and Sample submittals which will list
each required submittal and the times for sub-
m.itting, reviewing, and processing such
submittal; and
3, a preliminary schedule of values for
all of the Work which includes quantities and
prices of items which when added together
equal the Contract Price and subdivides the
Work into component parts in sufficient detail to
serve as the basis for progress payments
during performance of the Work. Such prices
will include an appropriate amount of overhead
and profit applicable to each item of Work.
the Site is started, CONTRACTOR and OWNS all
each deliver to the other, with copi o each
additional insured identified in t upplementary
Conditions, certificates of urance (and other
evidence of insuranc ich either of them or any
additional insur may reasonably request) which
rONTRA and OWNER respectively are
2.06 Preconstruction Conference
- -.
.MIMI M
10
-- - _ ..
2.07 Initial Acceptance of Schedules
A. Unless otherwise provided in the Contract
Documents, at least ten days before submission of the
first Application for Payment a conference attended by
CONTRACTOR, ENGINEER, and others as appropri-
ate will be held to review for acceptability to ENGI-
NEER as provided below the schedules submitted in
accordance with paragraph 2.05.B. CONTRACTOR
shall have an additional ten days to make corrections
and adjustments and to complete and resubmit the
schedules. No progress payment shall be made to
CONTRACTOR until acceptable schedules are
submitted to ENGINEER.
1. The progress schedule will be
acceptable to ENGINEER if. it provides an
orderly progression of the Work to completion
within any specified Milestones and the
Contract Times. Such acceptance will not
impose on ENGINEER_ responsibility for the
progress schedule, for sequencing, scheduling,
or progress of the Work nor interfere with or
relieve CONTRACTOR from CONTRACTOR's
full responsibility therefor.
2. CONTRACTOR's schedule of Shop
Drawing and Sample submittals will be
acceptable to ENGINEER if it provides a
workable arrangement for reviewing and
processing the required submittals.
3. CONTRACTOR's schedule of values
will be acceptable to ENGINEER as to form
and substance if it provides a reasonable
allocation of the Contract Price to component
parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
A. The Contract Documents are comple-
mentary; what is called for by one is as binding as if
called for by all.
B. It is the intent of the Contract Documents to
describe a functionally complete Project (or part there-
of) to be constructed in accordance with the Contract
Documents. Any labor, documentation, services,
materials, or equipment that may reasonably be
inferred from the Contract Documents or from
prevailing custom or trade usage as being required to
produce the intended result will be provided whether
or not specifically called for at no additional cost to
OWNER.r
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C. Clarifications and interpretations of the
Contract Documents shall be issued by ENGINEER
as provided in Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and
Regulations
1. Reference to standards, specifica-
tions, manuals, or codes of any technical
society, organization, or association, or to Laws
or Regulations, whether such reference be
specific or by implication, shall mean the stan-
dard, specification, manual, code, or Laws or
Regulations in effect at the time of opening of
Bids (or on the Effective Date of the Agreement
if there were no Bids), except as may be
otherwise specifically stated in the Contract
Documents.
2. No provision of any such standard,
specification, manual or code, or any instruction
of a Supplier shall be effective to change the
duties or responsibilities of OWNER,
CONTRACTOR, or ENGINEER, or any of their
subcontractors, consultants, agents, or employ-
ees from those set forth in the Contract
Documents, nor shall any such provision or
instruction be effective to assign to OWNER,
ENGINEER, or any of ENGINEER's
Consultants, agents, or employees any duty or
authority to supervise or direct the performance
of the Work or any duty or authority to
undertake responsibility inconsistent with the
provisions of the Contract Documents,
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. If, during the performance of the
Work, CONTRACTOR discovers any conflict,
error, ambiguity, or discrepancy within the Con-
tract Documents or between the Contract
Documents and any provision of any Law or
Regulation applicable to the performance of the
Work or of any standard, specification, manual
or code, or of any instruction of any Supplier,
CONTRACTOR shall report it to ENGINEER in
writing at once. CONTRACTOR shall not
proceed with the Work affected thereby (except
in an emergency as required by paragraph
6.16.A) until an amendment or supplement to
the Contract Documents has been issued by
one of the methods indicated in paragraph
3.04; provided, however, that CONTRACTOR
shall not be liable to OWNER or ENGINEER for
failure to report any such conflict, error,
ambiguity, or discrepancy unless COW
TRACTOR knew or reasonably should have
known thereof.
B. Resolving Discrepancies
1. Except as may be otherwise
specifically stated in the Contract Documents,
the provisions of the Contract Documents shall
take precedence in resolving any conflict, error,
ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a, the provisions of any standard,
specification, manual, code, or instruction
(whether or not specifically incorporated by
reference in the Contract Documents); or
b. the provisions of any Laws or
Regulations applicable to the performance
of the Work (unless such an interpretation of
the provisions of the Contract Documents
would result in violation of such Law or
Regulation).
3.04 Amending and Supplementing Contract
Documents
A. The Contract Documents may be amended to
provide for additions, deletions, and revisions in the
Work or to modify the terms and conditions thereof in
one or more of the following ways: (i) a Written
Amendment; (ii) a Change Order; or (iii) a Work
Change Directive,
B. The requirements of the Contract Documents
may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or
more of the following ways: (i) a Field Order; (ii)
ENGINEER's approval of a Shop Drawing or Sample;
or (iii) ENGINEER Is written interpretation or clarifi-
cation.
3.05 Reuse of Documents
A. CONTRACTOR and any Subcontractor or
Supplier or other individual or entity performing or
furnishing any of the Work under a direct or indirect
contract with OWNER: (i) shall not have or acquire
any title to or ownership rights in any of the Drawings,
Specifications, or other documents (or copies of any
thereof) prepared by or bearing the seal of
ENGINEER or ENGINEER's Consultant, including
electronic media editions; and (ii) shall not reuse any
of such Drawings, Specifications, other documents, or
copies thereof on extensions of the Project or any
other project without written consent of OWNER and
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ENGINEER and specific written verification or
adaption by ENGINEER. This prohibition will survive
final payment, completion, and acceptance of the
Work, or termination or completion of the Contract.
Nothing herein shall preclude CONTRACTOR from
retaining copies of the Contract Documents for record
purposes.
ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.01 Availability of Lands
A. OWNER shall furnish the Site. OWNER shall
notify CONTRACTOR of any encumbrances or
restrictions not of general application but specifically
related to use of the Site with which CONTRACTOR
must comply in performing the. -Work.. OWNER will
obtain in a timely manner and pay for easements for
permanent structures or permanent changes in
existing facilities. If CONTRACTOR and OWNER are
unable to. agree on entitlement to or on the amount or
extent, if any, of any adjustment in the Contract Price
or Contract Times, or both, as a result of any delay in
OWNER's furnishing the Site, CONTRACTOR may
make a Claim therefor as provided in paragraph
10.05.
B. Upon reasonable written request, OWNER
shall furnish CONTRACTOR with a current statement
of record legal title and legal description of the lands
upon which the Work is to be performed and
OWNER's interest therein as necessary for giving
notice of or filing a mechanic's or construction lien
against such lands in accordance with applicable
Laws and Regulations.
C. CONTRACTOR shall provide for all additional
lands and access thereto that may be required for
temporary construction facilities or storage of
materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary
Conditions identify:
1. those reports of explorations and
tests of subsurface conditions at or contiguous
to the Site that ENGINEER has used in
preparing the Contract Documents; and
2, those drawings of physical
conditions in or relating to existing surface. or
subsurface structures at or contiguous to the
Site (except Underground Facilities) that ENGI-
NEER has used in preparing the Contract
Documents.
B. Limited Reliance by CONTRACTOR on
Technical Data Authorized: CONTRACTOR may rely
upon the general accuracy of the "technical data"
contained in such reports and drawings, but such
reports and drawings are not Contract Documents.
Such "technical data" is identified in the Supplementa-
ry Conditions. Except for such reliance on such
"technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER, or any
of ENGINEER's Consultants with respect to:
1. the completeness of such reports
and drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques, sequences, and
procedures of construction to be employed by
CONTRACTOR,- and. safety - precautions an -d
programs incident thereto; or
2, other data, interpretations, opinions,
and information contained in such reports or
shown or indicated in such drawings; or
3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data"
or any such other data, interpretations,
opinions, or information..
4.03 Differing Subsurface or Physical Conditions
A. Notice: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to
the Site that is uncovered or revealed either:
1. is of such a nature as to establish
that any "technical data" on which CONTRAC-
TOR is entitled to rely as provided in paragraph
4.02 is materially inaccurate; or
2, is of such a nature as to require a
change in the Contract Documents; or
3, differs materially from that shown or
indicated in the Contract Documents; or
4, is of an unusual nature, and differs
materially from conditions ordinarily
encountered and generally recognized as inher-
ent in work of the character provided for in the
Contract Documents;
then CONTRACTOR shall, promptly after becoming
aware thereof and before further disturbing the
subsurface or physical conditions or performing any
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Work in connection therewith (except in an emergency
as required by paragraph 6.16.A), notify OWNER and
ENGINEER in writing about such condition.
CONTRACTOR shall not further disturb such
condition or perform any Work in connection therewith
(except as aforesaid) until receipt of written order to do
S60
B. ENGINEER's Review: After receipt of written
notice as required by paragraph 4.03.A, ENGINEER
will promptly review the pertinent condition, determine
the necessity of OWNER's obtaining additional
exploration or tests with respect thereto, and advise
OWNER in writing (with a copy to CONTRACTOR) of
ENGINEER's findings and conclusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract
Times, or both, will be equitably adjusted to the
extent that the existence of such differing
subsurface or physical condition causes an in-
crease or decrease in CONTRACTOR's cost
of, or time required for, performance of the
Work; subject, however, to the following:
.a. such condition must meet any one or
more of the categories described in para-
graph 4.03.A; and
b. with respect to Work that is paid for
on a Unit Price Basis, any adjustment in
Contract Price will be subject to the
provisions of paragraphs 9.08 and 11.03.
2. CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or
Contract Times if:
a. CONTRACTOR knew of the
existence of such conditions at the time
CONTRACTOR made a final commitment
to OWNER in respect of Contract Price and
Contract Times by the submission of a Bid
or becoming bound under a negotiated
contract; or
b. the existence of such condition could
reasonably have been discovered or
revealed as a result of any examination,
investigation, exploration, test, or study of
the Site and contiguous areas required by
the Bidding Requirements or Contract
Documents to be conducted by or for CON-
TRACTOR prior to CONTRACTOR's
making such final commitment; or
c. CONTRACTOR failed to give the
written notice within the time and as re-
quired by paragraph 4.03.A.
3. If OWNER and CONTRACTOR are
unable to agree on entitlement to or on the
amount or extent, if any, of any adjustment in
the Contract Price or Contract Times, or both, a
Claim may be made therefor as provided in
paragraph 10.05. However, OWNER,
ENGINEER, and ENGINEER's Consultants
shall not be liable to CONTRACTOR for any
claims, costs, losses, or damages (including
but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) sustained by
CONTRACTOR on or in connection with any
other project or anticipated project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the Site is based on information and
data furnished to OWNER or ENGINEER by the
owners of such Underground Facilities, including
OWNER, or by others. Unless it is - otherwise
expressly provided in the Supplementary Conditions:
1. OWNER and ENGINEER shall not
be responsible for the accuracy or com-
pleteness of any such information or data; and
2, the cost of all of the following will be
included in the Contract Price, and CONTRAC-
TOR shall have full responsibility for:
a, reviewing and checking all such
information and data,
b, locating all Underground Facilities
shown or indicated in the Contract
Documents,
c, coordination of the Work with the
owners of such Underground Facilities,
including OWNER, during construction, and
d. the safety and protection of all such
Underground Facilities and repairing any
damage thereto resulting from the Work.
B. Not Shown or Indicated
1. If -an Underground Facility is
uncovered or revealed at or contiguous to the
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Site which was not shown or indicated, or not
shown or indicated with reasonable accuracy in
the Contract Documents, CONTRACTOR shall,
promptly after becoming aware thereof and
before further disturbing conditions affected
thereby or performing any Work in connection
therewith (except in an emergency as required
by paragraph 6.16.A), identify the owner of
such Underground Facility and give written
notice to that owner and to OWNER and ENGI-
NEER. ENGINEER will promptly review the
Underground Facility and determine the extent,
if any, to which a change is required in the
Contract Documents to reflect and document
the consequences of the existence or location
of the Underground Facility. During such time,
CONTRACTOR shall be responsible for the
safety and protection of such Underground
Facility.
2. if ENGINEER concludes - that - a
change in the Contract Documents is required,
a Work Change Directive or a Change Order
will be issued to reflect and document such
consequences. An equitable adjustment shall
be made in the Contract Price or Contract
Times, or both, to the extent that they are
attributable to the existence or location of any
Underground Facility that was not shown or
indicated or not shown or indicated with
reasonable accuracy in the Contract
Documents and that CONTRACTOR did not
know of and could not reasonably have been
expected to be aware of or to have anticipated.
If OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or
extent, if any, of any such adjustment in
Contract Price or Contract Times, OWNER or
CONTRACTOR may make a Claim therefor as
provided in paragraph 10.05.
4.05 Reference Points
A. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work. CON-
TRACTOR shall be responsible for laying out the
Work, shall protect and preserve the established
reference points and property monuments, and shall
make no changes or relocations without the prior
written approval of OWNER. CONTRACTOR shall
report to ENGINEER whenever any reference point or
property monument is lost or destroyed or requires
relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points or
property monuments by professionally qualified
personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to
the Supplementary Conditions for the identification of
those reports and drawings relating. to a Hazardous
Environmental Condition identified at the Site, if any,
that have been utilized by the ENGINEER in the
preparation of the Contract Documents.
B. Limited Reliance by CONTRACTOR on
Technical Data Authorized: CONTRACTOR may rely
upon the general accuracy of the "technical data"
contained in such reports and drawings, but such
reports and drawings are not Contract Documents.
Such "technical data" is identified in the
Supplementary Conditions. Except for such reliance
on such "technical data," CONTRACTOR may not rely
upon or make any Claim against. OWNER,
ENGINEER or any of ENGINEER's Consultants with
respect to:
1. the completeness of such reports
and drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques, sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto; or
20 other data, interpretations, opinions
and information contained in such reports or
shown or indicated in such drawings; or
3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data"
or any such other data, interpretations, opinions
or information.
C. CONTRACTOR shall not be responsible for
any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated
in Drawings or Specifications or identified in the
Contract Documents to be within the scope of the
Work. CONTRACTOR shall be responsible for a
Hazardous Environmental Condition created with any
materials brought to the Site by CONTRACTOR,
Subcontractors, Suppliers, or anyone else for whom
CONTRACTOR is responsible.
D. If CONTRACTOR encounters a Hazardous
Environmental Condition or if CONTRACTOR or
anyone for whom CONTRACTOR is responsible
creates a Hazardous Environmental Condition,
CONTRACTOR shall immediately: (i) secure or
otherwise isolate such condition; (ii) stop all Work in
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connection with such condition and in any area
affected thereby (except in an emergency as required
by paragraph 6.16); and (iii) notify OWNER and ENGI-
NEER (and promptly thereafter confirm such notice in
writing). OWNER shall promptly consult with
ENGINEER concerning the necessity for OWNER to
retain a qualified expert to evaluate such condition or
take corrective action, if any.
E. CONTRACTOR shall not be required to
resume Work in connection with such condition or in
any affected area until after OWNER has obtained
any required permits related thereto and delivered to
CONTRACTOR written notice: (i) specifying that such
condition and any affected area is or has been
rendered safe for the resumption of Work; or (ii)
specifying any special conditions under which such
Work may be resumed safely. If OWNER and
CONTRACTOR cannot agree as to entitlement to or
on the amount or extent, if any, of any adjustment in
Contract Price or Contract Times, or both, as a result.
of such Work stoppage or such special conditions
under which Work is agreed to be resumed by
CONTRACTOR, either party may make a Claim
therefor as provided in paragraph 10.05.
F. If after receipt of such written notice
CONTRACTOR does not agree to resume such Work
based on a reasonable belief it is unsafe, or does not
agree to resume such Work under such special condi-
tions, then OWNER may order the portion of the Work
that is in the area affected by such condition to be
deleted from the Work. If OWNER and CON-
TRACTOR cannot agree as to entitlement to or on the
amount or extent, if any, of an adjustment in Contract
Price or Contract Times as a result of deleting such
portion of the Work, then either party may make a
Claim therefor as provided in paragraph 10.05.
OWNER may have such deleted portion of the Work
performed by OWNER's own forces or others in
accordance with Article 7.
G. To the fullest extent permitted by Laws and
Regulations, OWNER shall indemnify and hold
harmless CONTRACTOR, Subcontractors, ENGI-
NEER, ENGINEER's Consultants and the officers,
directors, partners, employees, agents, other
consultants, and subcontractors of each and any of
them from and against all claims, costs, losses, and
damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition, provided that
such Hazardous Environmental Condition: (i) was not
shown or indicated in the Drawings or Specifications
or identified in the Contract Documents to be included
within the scope of the Work, and (ii) was not created
by CONTRACTOR or by anyone for whom
CONTRACTOR is responsible. Nothing in this para-
graph 4.06.E shall obligate OWNER to indemnify any
individual or entity from and against the consequences
of that individual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultants, and the officers, directors, partners,
employees, agents, other consultants, and
subcontractors of each and any of them from and
against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) arising out -of or relating to a
Hazardous Environmental Condition created by
CONTRACTOR or by anyone for whom.
CONTRACTOR is responsible. Nothing in this
paragraph 4.06.F shall obligate CONTRACTOR to
indemnify any individual or entity from and against the
consequences of that individual's or entity's own negli-
gence.
I. The provisions of paragraphs 4.02, 4.03, and
4.04 are not intended to apply to a Hazardous
Environmental Condition uncovered or revealed at the
Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
AT -1 atNMI ��A�IIIJRLWIWRk�
..AN
�- -
BE A
-- - - -
B. All Bonds shall be in the form prescribed by
the Contract Documents except as provided otherwise
by Laws or Regulations, and shall be executed by
such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570
(amended) by the Financial Management Service,
Surety Bond Branch, U.S. Department of the
Treasury. All Bonds signed by an agent must be
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accompanied by a certified copy of such agent's
authority to act.
C. If the surety on any Bond furnished by CON-
TRACTOR is declared bankrupt or becomes insolvent
or its right to do business is terminated in any state
where any part of the Project is located or it ceases to
meet the requirements of paragraph 5.01.13;
CONTRACTOR shall within 20 days thereafter
substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs
5.01.8 and 5.02.
5.02 Licensed Sureties and Insurers
A. All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained from
surety or insurance companies that are duly licensed
or authorized in the jurisdiction in which the Project is
located to issue Bonds _or insurance policies for the
limits and coverages so required. Such surety and
insurance companies shall also meet such additional
requirements and qualifications as may be provided in
the Supplementary Conditions.
5.03 Certificates of Insurance
A. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by OWN-
ER or any other additional insured) which CON-
TRACTOR is required to purchase and maintain,
nein the Supple -
to each additi
nry Conditions. certificates of insurance (and
5.04 CONTRACTOR's Liability Insurance
A. CONTRACTOR shall purchase and maintain
such liability and other insurance as is appropriate for
the Work being performed and as will provide
protection from claims set forth below which may arise
out of or result from CONTRACTOR's performance of
the Work and CONTRACTOR's other obligations
under the Contract Documents, whether it is to be per-
formed by CONTRACTOR, any Subcontractor or
Supplier, or by anyone directly or indirectly employed
by any of them to perform any of the Work, or by
anyone for whose acts any of them may be liable:
1. claims under workers' compensation,
disability benefits, and other similar employee
benefit acts;
2, claims for damages because of
bodily injury, occupational sickness or disease,
or death of CONTRACTOR's employees;
3, claims for damages because of
bodily injury, sickness or disease, or death of
any person other than CONTRACTOR's
employees;
41 claims for damages insured by
reasonably available personal injury liability
coverage which are sustained: (i) by any person
as a result of an offense directly or indirectly
related to the employment of such person by
CONTRACTOR, or (ii) by any other person for
any other reason;
51 claims for damages, other than to the
Work itself, because of injury to or destruction
of tangible property wherever- located, -including
loss of use resulting therefrom; and
6. claims for damages because of
bodily injury or death of any person or property,
damage arising out of the ownership, mainte-
nance or use of any motor vehicle.
B. The policies of insurance so required by this
paragraph 5.04 to be purchased and maintained shall:
1. with respect to insurance required by
paragraphs 5.04.A.3 through 5.04.A.6 inclusive,
include as additional insureds (subject to any
customary exclusion in respect of professional
liability) OWNER, ENGINEER, ENGINEER's
Consultants, and any other individuals or
entities identified in the Supplementary Condi-
tions, all of whom shall be listed as additional
insureds, and include coverage for the respec-
tive officers, directors, partners, - employees,
agents, and other consultants and
subcontractors of each and any of all such
additional insureds, and the insurance afforded
to these additional insureds shall provide
primary coverage for all claims covered
thereby;
2. include at least the specific
coverages and be written for not less than the
limits of liability provided in the Supplementary
Conditions or required by Laws or Regulations,
whichever is greater;
3, include
insurance;
completed operations
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4. include contractual 'liability insurance
covering CONTRACTOR's indemnity
obligations under paragraphs 6.07, 6.11, and
6.20;
5, contain a provision or endorsement
that the coverage afforded will not be canceled,
materially changed or renewal refused until at
least thirty days prior written notice has been
given to OWNER and CONTRACTOR and to
each other additional insured identified in the
Supplementary Conditions to whom a certificate
of insurance has been issued (and the
certificates of insurance furnished by the CON-
TRACTOR pursuant to paragraph 5.03 will so
provide);
6. remain in effect at least until final
payment and at all times thereafter when CON-
TRACTOR may be correcting, removing, or
replacing defective Work in accordance with
paragraph 13.07; and
7, with respect to completed operations
insurance, and any insurance coverage written
on a claims -made basis, remain in effect for at
least two years after final payment (and
CONTRACTOR shall furnish OWNER and
each other additional insured identified in the
Supplementary Conditions, to whom a
certificate of insurance has been issued,
evidence satisfactory to OWNER and any such
additional insured of continuation of such
insurance at final payment and one year
thereafter).
5.05 OWNER's Liability Insurance
provided by CONTRACTOR under par p 5.04,
OWNER, at OWNER's option y purchase and
maintain at OWNER's se OWNER's own liability
insurance as protect OWNER against claims
5.06 Property Insurance
mentary Conditions, OWNER shall purchase d
maintain property insurance upon the Work at the ite
in the amount of the full replacement cost th reof
(subject to such deductible amounts as m y be
provided in the Supplementary Conditions or quired
by Laws and Regulations). This insurance s II:
1. include the interests oy OWNER,
stored at the Site or at anothe what was
agreed to in writi NER prior to being
incor in the Work, provided that such
ENGINEER;
5, allow for partial utilizatie Work
by OWNER;
6. include testing 9R6 startup; and
7. be main ned in effect until final pay-
ment is mad nless otherwise agreed to in
writing bWNER, CONTRACTOR, and
ENGIN R with 30 days written notice to each
oth additional insured to whom a certificate of
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incor in the Work, provided that such
ENGINEER;
5, allow for partial utilizatie Work
by OWNER;
6. include testing 9R6 startup; and
7. be main ned in effect until final pay-
ment is mad nless otherwise agreed to in
writing bWNER, CONTRACTOR, and
ENGIN R with 30 days written notice to each
oth additional insured to whom a certificate of
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agreed to in writi NER prior to being
incor in the Work, provided that such
ENGINEER;
5, allow for partial utilizatie Work
by OWNER;
6. include testing 9R6 startup; and
7. be main ned in effect until final pay-
ment is mad nless otherwise agreed to in
writing bWNER, CONTRACTOR, and
ENGIN R with 30 days written notice to each
oth additional insured to whom a certificate of
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00700 - General Conditions REV 04-07
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F:\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE ridge Replacement & Roadway Improvements=NTRACT BID\00700 - General Conditions REV 04-07.doc
5.08 Receipt and Application of Insurance
Proceeds
A'. Any iRswFed loss wndeF the PQIiGie& .4
insurance required by paragraph 5.06 will beadjust
with OWNER and made payable to OWNER as
fiduciary for the insured/h8
their interests may
appear, subject to the reqnts of any ap icable
mortgage clause and of paph 5.08.B. WNER
shall deposit in a separaount any oney so
received and shall distributaccorda ce with such
agreement as the parties iest y reach. If no
other special agreement ch the damaged
Work shall be repaired orc d, the moneys so
received applied on accoreof, and the Work
and the cost thereof coby an appropriate
Change Order or Written Ament.
B. OWNER as fi ciary shall have power to
adjust and settle any I s with the insurers unless one
of/OWNER
rties in inter_ st shall object in writing within 15
der the currence of loss to OWNER 's
eof this ower. If such objection be made,
Oas fi uciary shall make settlement with the
inin cordance with such agreement as the
p ' terest may reach. If no such agreement
aa parties in interest is reached, OWNER as
fishall adjust and settle the loss with the
inand, if required in writing by any party in
inOWNER as fiduciary shall give bond for the
5.09 Acceptance of Bonds and Insurance; Option
to Replace
objection to the coverage afforded by or other pr k
sions of the Bonds or insurance required t be
purchased and maintained by the other party i ccor-
dance with Article 5 on the basis of non -co rmance
with the Contract Documents, the objectin party shall
so notify the other party in writing withi 0 days after
receipt of the certificates (or her evidence
requested) required by paragraph .05.C. OWNER
and CONTRACTOR shall each rovide to the other
such additional information i respect of insurance
provided as the other ma reasonably request. If
either party does not pur ase or maintain all of the
Bonds and insurance quired of suchparty by the
Contract Documents uch party shall notify the other
party in writing of ch failure to purchase prior to the
start of the Wor or of such failure to maintain prior to
any change i the required coverage. Without
prejudice to ny other right or remedy, the other party
may elec o obtain equivalent Bonds or insurance to
protect uch other party's interests at the expense of
the rty who was required to provide such coverage,
5.10 Partial Utilization, Acknowledgment of
Property Insurer
A. If OWNER finds it necessary to occupy or use
a portion or portions of the Work prior to Substantial
Completion of all the Work as provided in paragraph
14.05, no such use or occupancy shall commence
before the insurers providing the property insurance
pursuant to paragraph 5.06 have acknowledged notice
thereof and in writing effected any changes in cover-
age necessitated thereby. The insurers providing the
property insurance shall consent by endorsement on
the policy or policies, but the property insurance shall
not be canceled or permitted to lapse on account of
any such partial use or occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. CONTRACTOR shall supervise, inspect, and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract Documents. CON-
TRACTOR shall be solely responsible for the means,
methods, techniques, sequences, and procedures of
construction, but CONTRACTOR shall not be
responsible for. the negligence of OWNER or
ENGINEER in the design or specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and
expressly required by the Contract Documents. CON-
TRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents.
B. At all times during the progress of the Work,
CONTRACTOR shall assign a competent resident
superintendent thereto who shall not be replaced
without written notice to OWNER and ENGINEER
except under extraordinary circumstances. The
superintendent will. be CONTRACTOR's
representative at the Site and shall have authority to
act on behalf of CONTRACTOR. All communications
given to or received from the superintendent shall be
binding on CONTRACTOR.
6.02 Labor, Working Hours
A. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out, and
construct the Work as required by the Contract Docu-
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5.10 Partial Utilization, Acknowledgment of
Property Insurer
A. If OWNER finds it necessary to occupy or use
a portion or portions of the Work prior to Substantial
Completion of all the Work as provided in paragraph
14.05, no such use or occupancy shall commence
before the insurers providing the property insurance
pursuant to paragraph 5.06 have acknowledged notice
thereof and in writing effected any changes in cover-
age necessitated thereby. The insurers providing the
property insurance shall consent by endorsement on
the policy or policies, but the property insurance shall
not be canceled or permitted to lapse on account of
any such partial use or occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. CONTRACTOR shall supervise, inspect, and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract Documents. CON-
TRACTOR shall be solely responsible for the means,
methods, techniques, sequences, and procedures of
construction, but CONTRACTOR shall not be
responsible for. the negligence of OWNER or
ENGINEER in the design or specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and
expressly required by the Contract Documents. CON-
TRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents.
B. At all times during the progress of the Work,
CONTRACTOR shall assign a competent resident
superintendent thereto who shall not be replaced
without written notice to OWNER and ENGINEER
except under extraordinary circumstances. The
superintendent will. be CONTRACTOR's
representative at the Site and shall have authority to
act on behalf of CONTRACTOR. All communications
given to or received from the superintendent shall be
binding on CONTRACTOR.
6.02 Labor, Working Hours
A. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out, and
construct the Work as required by the Contract Docu-
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ments. CONTRACTOR shall at all times maintain
good discipline and order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the
Site or adjacent thereto, and except as otherwise
stated in the Contract Documents, all Work at the Site
shall be performed during regular working hours, and
CONTRACTOR will not permit overtime work or the
performance of Work on Saturday, Sunday, or any
legal holiday without OWNER's written consent (which
will not be unreasonably withheld) given after prior
written notice to ENGINEER.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the General Re-
quirements, CONTRACTOR shall provide and
assume full responsibility for all services, materials,
equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and
incidentals necessary for the performance, testing,
start-up, and completion of the Work.
B. All materials and equipment incorporated into
the Work shall be as specified or, if not specified, shall
be of good quality and new, except as otherwise
provided in the Contract Documents. All warranties
and guarantees specifically called for by the Specifica-
tions shall expressly run to the benefit of OWNER. If
required by ENGINEER, CONTRACTOR shall furnish
satisfactory evidence (including reports of required
tests) as to the source, kind, and quality of materials
and equipment. All materials and equipment shall be
stored, applied, installed, connected, erected,
protected, used, cleaned, and conditioned in
accordance with instructions of the applicable
Supplier, except as otherwise may be provided in the
Contract Documents,
6.04 Progress Schedule
A. CONTRACTOR shall adhere to the progress
schedule established in accordance with paragraph
2.07 as it may be adjusted from time to time as
provided below.
1. CONTRACTOR shall submit to
ENGINEER for acceptance (to the extent indk
cated in paragraph 2.07) proposed adjustments
in the progress schedule that will not result in
changing the Contract Times (or Milestones).
Such adjustments will conform generally to the
progress schedule then in effect and additional-
ly will comply with any provisions of the General
Requirements applicable thereto.
2. Proposed adjustments in the
progress schedule that will change the Contract
Times (or Milestones) shall be submitted in
accordance with the requirements of Article 12.
Such adjustments may only be made by a
Change Order or Written Amendment in accor-
dance with Article 12,
6.05 Substitutes and "Or -Equals"
A. Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function, appearance,
and quality required. Unless the specification or
description contains or is followed by words reading
that -no like, equivalent, or "or -equal' item or no
substitution is permitted, other items of material or
equipment or material or equipment of other Suppliers
may be submitted to ENGINEER for review under the
circumstances described below.
1. "Or -Equal' Items: If in ENGINEEKs
sole discretion an item of material or equipment
proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so
that no change in related Work will be required,
it may be considered by ENGINEER as an
"or -equal' item, in which case review and
approval of the proposed item may, in
ENGINEEITs sole discretion, be accomplished
without compliance with some or all of the
requirements for approval of proposed substi-
tute items. For the purposes of this paragraph
6.05.A.11 a proposed item of material or
equipment will be considered functionally equal
to an item so named if:
a. in the exercise of reasonable
judgment ENGINEER determines that: (i) it
is at least equal in quality, durability,
appearance, strength, and design
characteristics; (ii) it will reliably perform at
least equally well the function imposed by
the design concept of the completed Project
as a functioning whole, and;
b. CONTRACTOR certifies that: (i)
there is no increase in cost to the OWNER;
and (ii) it will conform substantially, even
with deviations, to the detailed requirements
of the item named in the Contract
Documents.
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2. Substitute Items
a. If in ENGINEER's sole discretion an
item of material or equipment proposed by
CONTRACTOR does not qualify as an
"or -equal" item under paragraph 6.05.A.11 it
will be considered . a proposed substitute
item.
b. CONTRACTOR shall submit suffi-
cient information as provided below to allow
ENGINEER to determine that the item of
material or equipment proposed is
essentially equivalent to that named and an
acceptable substitute therefor. Requests for
review of proposed substitute items of
material or equipment will not be accepted
by ENGINEER from anyone other than
CONTRACTOR.
c. The procedure for review by ENGI-
NEER will be as set forth in paragraph
6.05.A.2.d, as supplemented in the General
Requirements and as ENGINEER may
decide is appropriate under the
circumstances.
d. CONTRACTOR shall first make
written application to ENGINEER for review
of a proposed substitute item of material or
equipment that CONTRACTOR seeks to
furnish or use. The application shall certify
that the proposed substitute item will
perform adequately the functions and
achieve the results called for by the general
design, be similar in substance to that
specified, .and be suited to the same use as
that specified. The application will state the
extent, if any, to which the use of the pro-
posed substitute item will prejudice
CONTRACTOR's achievement of Substan-
tial Completion on time, whether or not use
of the proposed substitute item in the Work
will require a change in any of the Contract
Documents or in the provisions of any other
direct contract with OWNER for work on the
Project) to adapt the design to the proposed
substitute item and whether or not
incorporation or use of the proposed substi-
tute item in connection with the Work is sub-
ject to payment of any license fee or royalty.
All variations of the proposed substitute
item from that specified will be identified in
the application, and available engineering,
sales, maintenance, repair, and
replacement services will be indicated. The
application will also contain an itemized esti-
mate of all costs or credits that will result
directly or indirectly from use of such
substitute item, including costs of redesign
and claims of other contractors affected by
any resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute item. ENGINEER may
require CONTRACTOR to furnish additional
data about the proposed substitute item.
B. Substitute Construction Methods or Proce-
dures: If a specific means, method, technique, se-
quence, or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may furnish or utilize a
substitute means, method, technique, sequence, or
procedure of construction approved by ENGINEER.
CONTRACTOR shall submit sufficient information to
allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents.
The procedure for review by ENGINEER will be similar
to that provided in subparagraph 6.05.A.2.
C. Engineer's Evaluation: ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to para-
graphs 6.05.A and 6.05.6. ENGINEER will be the
sole judge of acceptability. No "or -equal" or substitute
will be ordered, installed or utilized until ENGINEER'S
review is complete, which will be evidenced by either a
Change Order for a substitute or an approved Shop
Drawing for an "or equal" ENGINEER will advise
CONTRACTOR in writing of any negative
determination.
D. Special Guarantee: OWNER may require
CONTRACTOR to furnish at CONTRACTOR's ex-
pense a special performance guarantee or other
surety with respect to any substitute.
E. ENGINEER's Cost Reimbursement.
ENGINEER will record time required by ENGINEER
and ENGINEER's Consultants in evaluating substitute
proposed or submitted by CONTRACTOR pursuant to
paragraphs 6.05.A.2 and 6.05.B and in making
changes in the Contract Documents (or in the
provisions of any other direct contract with OWNER
for work on the Project) occasioned thereby. Whether
or not ENGINEER approves a substitute item so pro-
posed or submitted by CONTRACTOR, CON-
TRACTOR shall reimburse OWNER for the charges
of ENGINEER and ENGINEER's Consultants for
evaluating each such proposed substitute.
F. CONTRACTOR's Expense: CONTRACTOR
shall provide all data in support of any proposed
substitute or "or -equal" at CONTRACTOR's expense.
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6.06 Concerning Subcontractors, Suppliers,
and Others
A. CONTRACTOR shall not employ any
Subcontractor, Supplier, or other individual or entity
(including those acceptable to OWNER as indicated in
paragraph 6.06.6), whether initially or as a
replacement, against whom OWNER may have
reasonable objection. CONTRACTOR shall not be
required to employ any Subcontractor, Supplier, or
other individual or entity to furnish or perform any of
the Work against whom CONTRACTOR has reason-
able objection.
B. If the Supplementary Conditions require the
identity of certain Subcontractors, Suppliers, or other
individuals or entities to be submitted to OWNER in
advance for acceptance by OWNER by a specified
date prior to the Effective Date of the Agreement, and
if CONTRACTOR has submitted a list thereof in
accordance with the Supplementary Conditions,
OWNER's acceptance (either in writing or by failing to
make written objection thereto by the date indicated
for acceptance or objection in the Bidding Documents
or the Contract Documents) of any such Subcon-
tractor, Supplier, or other individual or entity so
identified may be revoked on the basis of reasonable
objection after due investigation. CONTRACTOR
shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual or
entity, and the Contract Price will be adjusted by the
difference in the cost occasioned by such
replacement, and -an appropriate Change Order will be
issued or Written Amendment signed. No acceptance
by OWNER of any such Subcontractor, Supplier, or
other individual or entity, whether initially or as a
replacement, shall constitute a waiver of any right of
OWNER or ENGINEER to reject defective Work.
C. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of
the Subcontractors, Suppliers, and other individuals or
entities performing or furnishing any of the Work just
as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in
the Contract Documents shall create for the benefit of
any such Subcontractor, Supplier, or other individual
or entity any contractual relationship between OWNER
or ENGINEER and any such Subcontractor, Supplier
or other individual or entity, nor shall it create any
obligation on the part of OWNER or ENGINEER to
pay or to see to the payment of any moneys due any
such Subcontractor, Supplier, or other individual or
entity except as may otherwise be required by Laws
and Regulations.
D. CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of Subcon-
tractors, Suppliers, and other individuals or entities
performing or furnishing any of the Work under a
direct or indirect contract with CONTRACTOR.
E. CONTRACTOR shall require all Subcontrac-
tors, Suppliers, and such other individuals or entities
performing or furnishing any of the Work to commu-
nicate with ENGINEER through CONTRACTOR.
F. The divisions and sections of the Specifica-
tions and the identifications of any Drawings shall not
control CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to
be performed by any specific trade.
G. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and
the Subcontractor or Supplier which specifically binds
the Subcontractor or Supplier to the applicable terms
and conditions of the Contract Documents for the
benefit of OWNER and ENGINEER. Whenever any
such agreement is with a Subcontractor or Supplier
who is listed as an additional insured on the property
insurance provided in paragraph 5.06, the agreement
between the CONTRACTOR and the Subcontractor
or Supplier will contain provisions whereby the
Subcontractor or Supplier waives all rights against
OWNER, CONTRACTOR, ENGINEER, ENGINEER's
Consultants, and all other individuals or entities
identified in the Supplementary Conditions to be listed
as insureds or additional insureds (and the officers,
directors, partners, employees, agents, and other
consultants and subcontractors of each and any of
them) for all losses and damages caused by, arising
out of, relating to, or resulting from any of the perils or
causes of loss covered by such policies and any other
property insurance applicable to the Work. If the
insurers on any such policies require separate waiver
forms to be signed by any Subcontractor or Supplier,
CONTRACTOR will obtain the same.
6.07 Patent Fees and Royalties
A. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in
the performance of the Work or the incorporation in
the Work of any invention, design, process, product,
or device which is the subject of patent rights or
copyrights held by others. If a particular invention,
design, process, product, or device is specified in the
Contract Documents for use in the performance of the
Work and if to the actual knowledge of OWNER or
ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To
the fullest extent permitted by Laws and Regulations,
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CONTRACTOR shall indemnify and hold ' harmless
OWNER, ENGINEER, ENGINEER's Consultants, and
the officers, directors, partners, employees or agents,
and other consultants of each and any of them from
and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to
any infringement of patent rights or copyrights incident
to the use in the performance of the Work or resulting
from the incorporation in the Work of any invention,
design, process, product, or device not specified in the
Contract Documents.
6.08 Permits
A. Unless otherwise provided in the Supple-
mentary Conditions; CONTRACTOR shall obtain and
pay for all construction permits and licenses. OWNER
shall assist CONTRACTOR, when necessary, in
obtaining such permits and licenses. CONTRACTOR
shall pay all governmental charges and inspection
fees necessary for the prosecution of the Work which
are applicable at the time of opening of Bids, or, if
there are no Bids, on the Effective Date of the
Agreement. CONTRACTOR shall pay all charges of
utility owners for connections to the. Work, and
OWNER shall pay all charges of such utility owners
for capital costs related thereto, such as plant
investment fees.
6.09 Laws and Regulations
A. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to the
performance of the Work. Except where otherwise
expressly required by applicable Laws and
Regulations, neither OWNER nor ENGINEER shall be
responsible for monitoring CONTRACTOR'S compli-
ance with any Laws or Regulations.
B. If CONTRACTOR performs any Work know-
ing or having reason to know that it is contrary to Laws
or Regulations, CONTRACTOR shall bear all claims,
costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out
of or relating to such Work; however, it shall not be
CONTRACTOR's primary responsibility to make
certain that the Specifications and Drawings are in
accordance with Laws and Regulations, but this shall
not relieve CONTRACTOR of CONTRACTOR's
obligations under paragraph 3.03.
C. Changes in Laws or Regulations not known at
the time of opening of Bids (or, on the Effective Date
of the Agreement if there were no Bids) having an
effect on the cost or time of performance of the Work
may be the subject of an adjustment in Contract Price
or Contract Times. If OWNER and CONTRACTOR
are unable to agree on entitlement to or on the
amount or extent, if any, of any such adjustment, a
Claim may be made therefor as provided in paragraph
10.05.
6.10 Taxes
er, use, and other similar taxes r to be
paid by CONTRACTO accordance with
the Laws and RMons of the place of the
Pro'e ich are applicable during the
B. OWNER qualifies for state and local sales tax
exemption in the purchase of all material and
equipment.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. CONTRACTOR shall confine
construction equipment, the storage of
materials and equipment, and the operations of
workers to the Site and other areas permitted
by Laws and Regulations, and shall not
unreasonably encumber the Site and other
areas with construction equipment or other
materials or equipment. CONTRACTOR shall
assume full responsibility for any damage to
any such land or area, or to the owner or
occupant thereof, or of any adjacent land or
areas resulting from the performance of the
Work.
2. Should any claim be made by any
such owner or occupant because of the
performance of the Work, CONTRACTOR shall
promptly settle with such other party by
negotiation or otherwise resolve the claim by
arbitration or other dispute resolution
proceeding or at law.
3. To the fullest extent permitted by
Laws and Regulations, CONTRACTOR shall
indemnify and hold harmless OWNER,
ENGINEER, ENGINEER's Consultant, and the
officers, directors, partners, employees, agents,
and other consultants of each and any of them
from and against all claims, costs, losses, and
damages (including but not limited to all fees
and charges of engineers, architects, attorneys,
and other professionals and all court or
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arbitration or other dispute resolution costs)
arising out of or relating to any claim or action,
legal or equitable, brought by any such owner
or occupant against OWNER, ENGINEER, or
any other .party indemnified hereunder to the
extent caused by or based upon
CONTRACTOR's performance of the Work.
B. Removal of Debris During Performance of the
Work. During the progress of the Work CONTRAC-
TOR shall keep the Site and other areas free from
accumulations of waste materials, rubbish, and other
debris. Removal and disposal of such waste materi-
als, rubbish, and other debris shall conform to applica-
ble Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of
the Work CONTRACTOR shall clean the Site and
make it ready for utilization by OWNER. At the com-
pletion of the Work CONTRACTOR shall remove from
the Site. all tools, appliances-, construction equipment
and machinery, and surplus materials and shall
restore to original condition all property not designated
for alteration by the Contract Documents.
D. Loading Structures: CONTRACTOR shall not
load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor
shall CONTRACTOR subject any part of the Work or
adjacent property to stresses or pressures that will
endanger it.
6.12 Record Documents
A. CONTRACTOR shall maintain in a safe place
at the Site one record copy of all Drawings, Specifica-
tions; Addenda, Written Amendments, Change
Orders, Work Change Directives, Field Orders, and
written interpretations and clarifications in good order
and annotated to show changes made during
construction. These record documents together with
all approved Samples and a counterpart of all
approved Shop Drawings will be available to ENGI-
NEER for reference. Upon completion of the Work,
these record documents, Samples, and Shop
Drawings will be delivered to ENGINEER for OWNER.
6.13 Safety and Protection
A. CONTRACTOR shall be solely responsible
for initiating, maintaining and supervising all safety
precautions and programs in connection with the
Work. CONTRACTOR shall take all necessary
precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss
to:
1. all persons on the Site or who may
be affected by the Work;
2, all the Work and materials and equip-
ment to be incorporated therein, whether in
storage on or off the Site; and
3, other property at the Site or adjacent
thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and
Underground Facilities not designated for
removal, relocation, or replacement in the
course of construction.
B. CONTRACTOR shall comply with all applica-
ble Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or
property from damage, injury, or loss; and shall erect
and maintain all necessary safeguards for such safety
and protection. CONTRACTOR shall notify owners of
adjacent property and of Underground- Facilities and
other utility owners when prosecution of the Work may
affect them, and shall cooperate with them in the
protection, removal, relocation, and replacement of
their property. All damage, injury, or loss to any
property referred to in paragraph 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier, or any
other individual or entity'directly or indirectly employed
by any of them to perform any of the Work, or anyone
for whose acts any of them may be liable, shall be
remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER
or ENGINEER's Consultant, or anyone employed by
any of them, or anyone for whose acts any of them
may be liable, and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence
of CONTRACTOR or any Subcontractor, Supplier, or
other individual or entity directly or indirectly employed
by any of them). CONTRACTOR's duties and
responsibilities for safety and for protection of the
Work shall continue until such time as all the Work is
completed and ENGINEER has issued a notice to
OWNER and CONTRACTOR in accordance with
paragraph 14.07.13 that the Work is acceptable
(except as otherwise expressly provided in connection
with Substantial Completion).
6.14 Safety Representative
A. CONTRACTOR shall designate a qualified
and experienced safety representative at the Site
whose duties and responsibilities shall be the
prevention of accidents and the maintaining and
supervising of safety precautions and programs.
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6.15 Hazard Communication Programs
A. CONTRACTOR shall be responsible for
coordinating any exchange of material safety data
sheets or other hazard communication information
required to be made available to or exchanged be-
tween or among employers at the Site in accordance
with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protec-
tion of persons or the Work or property at the Site or
adjacent thereto, CONTRACTOR is obligated to act to
prevent threatened damage, injury, or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby or are required
as a result thereof. If ENGINEER determines that a
change in the Contract Documents is required be-
cause of the action taken by CONTRACTOR in
response to such an emergency, a Work Change
Directive or Change Order will be issued.
6.17 Shop Drawings and Samples
A. CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the acceptable schedule of Shop Drawings and
Sample submittals. All submittals will be identified as
ENGINEER may require and in the number of copies
specified in the General Requirements. The data
shown on the Shop Drawings will be complete with
respect to quantities, dimensions, specified perfor-
mance and design criteria, materials, and similar data
to show ENGINEER the services, materials, and
equipment CONTRACTOR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes required by paragraph 6.17.E.
B. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with the acceptable schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers, and the use for which intended and
otherwise as ENGINEER may require to enable ENGI-
NEER to review the submittal for the limited purposes
required by paragraph 6.17.E. The numbers of each
Sample to be submitted will be as specified in the
Specifications.
C. Where a Shop Drawing or Sample is required
by the Contract Documents or the schedule of Shop
Drawings and Sample submittals acceptable to ENGI-
NEER as required by paragraph 2.07, any related
Work performed prior to ENGINEER's review and
approval of the pertinent submittal will be at the sole
expense and responsibility of CONTRACTOR.
D. Submittal Procedures
1. Before submitting each Shop
Drawing or Sample, CONTRACTOR shall have
determined and verified:
a. all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers, and similar information with
respect thereto;
b. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly, and installation pertaining to the
performance of the Work;
c. 111 information relative to means,
methods, techniques, sequences, and
procedures of construction and safety
precautions and programs incident thereto;
and
d. CONTRACTOR shall also have
reviewed and coordinated each Shop
Drawing or Sample with other Shop
Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
2. Each submittal shall bear a stamp or
specific written indication that CONTRACTOR
has satisfied CONTRACTOR's obligations
under the Contract Documents with respect to
CONTRACTOR's review and approval of that
submittal.
3. At the time of each submittal, CON-
TRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the
Shop Drawing or Sample submitted may have
from the requirements of the Contract
Documents, such notice to be in a written com-
munication separate from the submittal; and, in
addition, shall cause a specific notation to be
made on each Shop Drawing and Sample sub-
mitted to ENGINEER for review and approval of
each such variation.
E. ENGINEER's Review
1. ENGINEER will timely review and
approve Shop Drawings and Samples in
accordance with the schedule of Shop
Drawings and Sample submittals acceptable to
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ENGINEER. ENGINEER's review and
approval will be only to determine if the items
covered by the submittals will, after installation
or incorporation in the Work, conform to the
information given in the Contract Documents
and be compatible with the design concept of
the completed Project as a functioning whole as
indicated by the Contract Documents.
2. ENGINEER's review and approval
will not extend to means, methods, techniques,
sequences, or procedures of construction
(except where a particular means, method,
technique, sequence, or procedure of con-
struction is specifically and expressly called for
by the Contract Documents) or, to safety
precautions or programs incident thereto. The
review and approval of a separate item as such
will not indicate approval of the assembly in
which the item functions.
3. ENGINEER's review and approval of
Shop Drawings or Samples shall not relieve
CONTRACTOR from responsibility for any
variation from the requirements of the Contract
Documents unless CONTRACTOR has in
writing called ENGINEER's attention to each
such variation at the time of each submittal as
required by paragraph 6.17.D.3 and ENGI-
NEER has given written approval of each such
variation by specific written notation thereof
incorporated in or accompanying the Shop
Drawing or Sample approval; nor will any
approval by ENGINEER relieve CON-
TRACTOR from responsibility for complying
with the requirements of paragraph 6.17.DA .
F. Resubmittal Procedures
1. CONTRACTOR shall make correc-
tions required by ENGINEER and shall return
the required number of corrected copies of
Shop Drawings and submit as required new
Samples for review and approval. CON-
TRACTOR shall direct specific attention in
writing to revisions other than the corrections
called for by ENGINEER on previous
submittals.
6.18 Continuing the Work
A. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be
delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by
paragraph 15.04 or as OWNER and CONTRACTOR
may otherwise agree in writing.
6.19 CONTRACTOR's General Warranty and
Guarantee
A. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER, and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective.
CONTRACTOR's Warranty and guarantee hereunder
excludes defects or damage caused by:
1. abuse, modification, or improper
maintenance or operation by persons other
than CONTRACTOR, Subcontractors,
Suppliers, or any other individual or entity for
whom CONTRACTOR is responsible; or
2, normal wear and tear under normal
usage.
B. CONTRACTOR's obligation- to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents:
1. observations by ENGINEER;
2, recommendation by ENGINEER or
payment by OWNER of any progress or final
payment;
3, the issuance of a certificate of Sub-
stantial Completion by ENGINEER or any
payment related thereto by OWNER;
4* use or occupancy of the Work or any
part thereof by OWNER;
5, any acceptance by OWNER or any
failure to do so;
6, any review and approval of a Shop
Drawing or Sample submittal or the issuance of
a notice of acceptability by ENGINEER;
7. any inspection, test, or approval by
others; or
8, any correction of defective Work by
OWNER.
6.20 Indemnification
A. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
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harmless OWNER, ENGINEER, ENGINEER 9s
Consultants, and the officers, directors, partners,
employees, agents, and other consultants and
subcontractors of each and any of them from and
against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to
the performance of the Work, provided that any such
claim, cost, loss, or damage:
1. is attributable to bodily injury,
sickness, disease, or death, or to injury to or
destruction of tangible property (other than the
Work itself), including the loss of use resulting
therefrom; and
2. is caused in whole or in part by any
negligent act or omission of CONTRACTOR,
any Subcontractor, any Supplier, or any
individual or entity directly or indirectly
employed by any of them to perform any of the
Work or anyone for whose acts any of them
May be liable, regardless of whether or not
caused in part by any negligence or omission of
an individual or entity indemnified hereunder or
whether liability is imposed upon such indemni-
fied party by Laws and Regulations regardless
of the negligence of any such individual or
entity.
B. In any and all claims against OWNER or
ENGINEER or any of their respective consultants,
agents, officers, directors, partners, or employees by
any employee (or the survivor or personal
representative of such employee) of CONTRACTOR,
any Subcontractor, any Supplier, or any individual or
entity directly or indirectly employed by any of them to
perform any of the Work, or anyone for whose acts
any of them may be liable, the indemnification
obligation under paragraph 6.20.A shall not be limited
in any way by any limitation on the amount or type of
damages, compensation, or benefits payable by or for
CONTRACTOR or any such Subcontractor, Supplier,
or other individual or entity under workers' compen-
sation acts, disability benefit acts, or other employee
benefit acts.
C. The indemnification obligations of COW
TRACTOR under paragraph 6.20.A shall not extend to
the liability of ENGINEER and ENGINEER's
Consultants or to the officers, directors, partners,
employees, agents, and other consultants and
subcontractors of each and any of them arising out of:
1. the preparation or approval of, or the
failure to prepare or approve, maps, Drawings,
opinions, reports, surveys, Change Orders,
designs, or Specifications; or
2, giving directions or instructions, or
failing to give them, if that is the primary cause
of the injury or damage.
ARTICLE 7 - OTHER WORK
7.01 Related Work at Site
A. OWNER may perform other work related to
the Project at the Site by OWNER's employees, or let
other direct contracts therefor, or have other work
performed by utility owners. If such other work is not
noted in the Contract Documents, then:
1. written notice thereof will be given to
CONTRACTOR prior to starting any such other
work; and
2. if OWNER and CONTRACTOR are
unable to agree on entitlement to or on the
amount or extent, if any, of any adjustment in
the Contract Price or Contract Times that
should be allowed as a result of such other
work, a Claim may be made therefor as
provided in paragraph 10.05.
B. CONTRACTOR shall afford each other
contractor who is a party to such a direct contract and
each utility owner (and OWNER, if OWNER is per-
forming the other work with OWNER's employees)
proper and safe access to the Site and a reasonable
opportunity for the introduction and storage of
materials and equipment and the execution of such
other work and shall properly coordinate the Work with
theirs. Unless otherwise provided in the Contract
Documents, CONTRACTOR shall do all cutting,
fitting, and patching of the Work that may be required
to properly connect or otherwise make its several
parts come together and properly integrate with such
other work. CONTRACTOR shall not endanger any
work of others by cutting, excavating, or otherwise
altering their work and will only cut or alter their work
with the written consent of ENGINEER and the others
whose work will be affected. The duties and
responsibilities of CONTRACTOR under this
paragraph are for the benefit of such utility owners and
other contractors to the extent that there are
comparable provisions for the benefit of
CONTRACTOR in said direct contracts between
OWNER and such utility owners and other
contractors.
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C. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work per-
formed by others under this Article 7, CONTRACTOR
shall inspect such other work and promptly report to
ENGINEER in writing any delays, defects, or deficien-
cies in such other work that render it unavailable or
unsuitable for the proper execution and results of
CONTRACTOR's Work. CONTRACTOR's failure to
so report will constitute an acceptance of such other
work as fit and proper for integration with
CONTRACTOR's Work except for latent defects and
deficiencies in such other work.
7.02 Coordination
A. If OWNER intends to contract with others for
the performance of other work on the Project at the
Site, the following will be set forth in Supplementary
Conditions:
-1. the individual or entity who will. -have
authority and responsibility for coordination of
the activities among the various contractors will
be identified;
2. the specific matters to be covered by
such authority and responsibility will be
itemized; and
3, the extent of such authority and
responsibilities will be provided.
B. Unless otherwise provided in the
Supplementary Conditions, OWNER shall have sole
authority and responsibility for such coordination.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these
General Conditions, OWNER shall issue all communi-
cations to CONTRACTOR through ENGINEER.
8.02 Replacement of ENGINEER
A. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer to
whom CONTRACTOR makes no reasonable
objection, whose status under the Contract
Documents shall be that of the former ENGINEER.
8.03 Furnish Data
A. OWNER shall promptly furnish the data
required of OWNER under the Contract Documents.
8.04 Pay Promptly When Due
A. OWNER shall make payments to CONTRAC-
TOR promptly when they are due as provided in
paragraphs 14.02.0 and 14.07.C.
8.05 Lands and Easements; Reports and Tests
A. OWNER's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs
4.01 and 4.05. Paragraph 4.02 refers to OWNER's
identifying and making available to CONTRACTOR
copies of reports of explorations and tests of
subsurface conditions and drawings of physical
conditions in or relating.. to existing .surface of
subsurface structures at or contiguous to the Site that
have been utilized by ENGINEER in preparing the
Contract Documents,
8.06 Insurance
A. OWNER's responsibilities, if any, in respect to
purchasing and maintaining liability and property insur-
ance are set forth in Article 5.
8.07 Change Orders
A. OWNER is obligated to execute Change
Orders as indicated in paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. OWNER's responsibility in respect to certain
inspections, tests, and approvals is set forth in
paragraph 13.03.B.
8.09 Limitations on OWNER's Responsibilities
A. The OWNER shall not supervise, direct, or
have control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, se-
quences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the performance of the
Work. OWNER will not be responsible for
CONTRACTOR's failure to perform the Work in
accordance with the Contract Documents.
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8.10 Undisclosed Hazardous Environmental
Condition
A. OWNER's responsibility in respect to an
undisclosed Hazardous Environmental Condition is
set forth in paragraph 4.06.
8.11 Evidence of Financial Arrangements
A. If and to the extent OWNER has agreed to
furnish CONTRACTOR reasonable evidence that
financial arrangements have been made to satisfy
OWNER's obligations under the Contract Documents,
OWNER's responsibility in respect thereof will be as
set forth in the Supplementary Conditions.
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 OWNER'S Representative
A. ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents
and will not be changed without written consent of
OWNER and ENGINEER.
9.02 Visits to Site
A. ENGINEER will make visits to the Site at
intervals appropriate to the various stages of construc-
tion as ENGINEER deems necessary in order to
observe as .an experienced and qualified design
professional the progress that has been made and the
quality of the various aspects of CONTRACTOR's
executed Work. Based on information obtained
during such visits and observations, ENGINEER, for
the benefit of OWNER, will determine, in general, if
the Work is proceeding in accordance with the Con-
tract Documents. ENGINEER will not be required to
make exhaustive or continuous inspections on the
Site to check the quality or quantity of the Work.
ENGINEER's efforts will be directed toward providing
for OWNER a greater degree of confidence that the
completed Work will conform generally to the Contract
Documents. On the basis of such. visits and
observations, ENGINEER will keep OWNER informed
of the progress of the Work and will endeavor to guard
OWNER against defective Work.
B. ENGINEER's visits and observations are
subject to all the limitations on ENGINEER's authority
and responsibility set forth in paragraph 9.10, and
particularly, but without limitation, during or as a result
of ENGINEER's visits or observations of
CONTRACTOR's Work ENGINEER will not
supervise, direct, control, or have authority over or be
responsible for CONTRACTOR's means, methods,
techniques, sequences, or procedures of construction,
or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply
with Laws and Regulations applicable to the
performance of the Work.
9.03 Project Representative
A. If OWNER and ENGINEER agree, ENGI-
NEER will furnish a Resident Project Representative
to assist ENGINEER in providing more extensive
observation of the Work. The responsibilities and
authority and limitations thereon of any such Resident
Project Representative and assistants will be as
provided in paragraph 9.10 and in the Supplementary
Conditions. If OWNER designates another represen-
tative or agent to represent OWNER at the Site who is
not ENGINEER's Consultant, agent or employee, the
responsibilities and authority and limitations thereon of
such other individual or entity will be as provided in the
Supplementary Conditions.
9.04 Clarifications and Interpretations
A. ENGINEER will issue with reasonable
promptness such written clarifications or interpreta-
tions of the requirements of the Contract Documents
as ENGINEER may determine necessary, which shall
be consistent with the intent of and reasonably
inferable from the Contract Documents. Such written
clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER and CON-
TRACTOR are unable to agree on entitlement to or on
the amount or extent, if any, of any adjustment in the
Contract Price or Contract Times, or both, that should
be allowed as a result of a written clarification or
interpretation, a Claim may be made therefor as
provided in paragraph 10.05.
9.05 Authorized Variations in Work
A. ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatk
ble with the design concept of the completed Project
as a functioning whole as indicated by the Contract
Documents. These may be accomplished by a Field
Order and will be binding on OWNER and also on
CONTRACTOR, who shall perform the Work involved
promptly. If OWNER and CONTRACTOR are unable
to agree on entitlement to or on the amount or extent,
if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of a Field Order,
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a Claim may be made therefor as provided in
paragraph 10.05.
9.06 . Rejecting Defective Work
A. ENGINEER will have authority to disapprove
or reject Work which ENGINEER believes to be
defective, or that ENGINEER believes will not produce
a completed Project that conforms to the Contract
Documents or that will prejudice the integrity of the
design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. ENGINEER will also have authority to
require special inspection or testing of the Work as
provided in paragraph 13.04, whether or not the Work
is fabricated, installed, or completed.
9.07 Shop Drawings, Change Orders and
Payments
A. In connection with ENGINEER's authority as
to Shop Drawings and Samples, see paragraph 6.17.
B. In connection with ENGINEER's authority as
to Change Orders, see Articles 10, 11, and 12.
C. In connection with ENGINEER's authority as
to Applications for Payment, see Article 14.
9.08 Determinations for Unit Price Work
A. ENGINEER will determine the actual quanti-
ties and classifications of Unit Price Work performed
by CONTRACTOR. ENGINEER will review with
CONTRACTOR the ENGINEER's preliminary
determinations on such matters before rendering a
written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's
written decision thereon will be final and binding
(except as modified by ENGINEER to reflect changed
factual conditions or more accurate data) upon
OWNER -and CONTRACTOR, subject to the
provisions of paragraph 10.05.
9.09 Decisions on Requirements of Contract
Documents and Acceptability of Work
A. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of
the acceptability of the Work thereunder. Claims,
disputes and other matters relating to the acceptability
of the Work, the quantities and classifications of Unit
Price Work, the interpretation of the requirements of
the Contract Documents pertaining to the
performance of the Work, and Claims seeking
changes in the Contract Price or Contract Times will
be referred initially to ENGINEER in writing, in
accordance with the provisions of paragraph 10.05,
with a request for a formal decision.
B. When functioning as interpreter and judge
under this paragraph 9.09, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not
be liable in connection with any interpretation or
decision rendered in good faith in such capacity. The
rendering of a decision by ENGINEER pursuant to this
paragraph 9.09 with respect to any such Claim,
dispute, or other matter (except any which have been
waived by the making or acceptance of final payment
as provided in paragraph 14.07) will be a condition
precedent to any exercise by OWNER or
CONTRACTOR of such rights or remedies as either
may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any such Claim,
dispute, or other matter.
9.10 Limitations on ENGINEER's Authority and
Responsibilities
A. Neither ENGINEER's authority or respon-
sibility under this Article 9 or under any other provision
of the Contract Documents nor any decision made by
ENGINEER in good faith either to exercise or not
exercise such authority or responsibility or the
undertaking, exercise, or performance of any authority
or responsibility by ENGINEER shall create, impose,
or give rise to any duty in contract, tort, or otherwise
owed by ENGINEER to CONTRACTOR, any Subcon-
tractor, any Supplier, any other individual or entity, or
to any surety for or employee or agent of any of them.
B. ENGINEER will not supervise, direct, control,
or have authority over or be responsible for
CONTRACTOR's means, methods, techniques, se-
quences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the performance of the
Work. ENGINEER will not be responsible for
CONTRACTOR's failure to perform the Work in
accordance with the Contract Documents.
C. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other individual
or entity performing any of the Work.
D. ENGINEER's review of the final Application
for Payment and accompanying documentation and all
maintenance and operating instructions, schedules,
guarantees, Bonds, certificates of inspection, tests
and approvals, and other documentation required to
be delivered by paragraph 14.07.A will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
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I
nspections, tests, and approvals that the results
certified indicate compliance with, the Contract
Documents.
E. The limitations upon authority and responsibil-
ity set forth in this paragraph 9.10 shall also apply to
ENGINEER's Consultants, Resident Project Repre-
sentative, and assistants.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement and
without notice to any surety, OWNER may, at any time
or from time to time, order additions, deletions, or
revisions in the Work by a Written Amendment, a
Change Order, or a Work Change Directive. Upon
receipt of any such document, CONTRACTOR shall
promptly proceed with the Work involved which will be
performed under the applicable conditions of the
Contract Documents (except as otherwise specifically
provided).
B. If OWNER and CONTRACTOR are unable to
agree on entitlement to, or on the amount or extent, if
any, of an adjustment in the Contract Price or Contract
Times, or both, that should be allowed as a result of a
Work Change Directive, a Claim may be made
therefor as provided in paragraph 10.05.
10.02 Unauthorized Changes in the Work
A. CONTRACTOR shall not be entitled to an
increase in the Contract Price or an extension of the
Contract Times with respect to any work performed
that is not required by the Contract Documents as
amended, modified, or supplemented as provided in
paragraph 3.04, except in the case of an emergency
as provided in paragraph 6.16 or in the case of
uncovering Work as provided in paragraph 13.04.6.
10.03 Execution of Change Orders
A. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGI-
NEER (or Written Amendments) covering:
1. changes in the Work which are: (i)
ordered by OWNER pursuant to paragraph
10.01.A, (ii) required because of acceptance of
defective Work under paragraph 13.08.A or
OWNER's correction of defective Work under
paragraph 13.09, or (iii) agreed to by the
parties;
2, changes in the Contract Price or
Contract Times which are agreed to by the
parties, including any undisputed sum or
amount of time for Work actually performed in
accordance with a Work Change Directive; and
3, changes in the Contract Price or
Contract Times which embody the substance of
any written decision rendered by ENGINEER
pursuant to paragraph 10.05; provided that, in
lieu of executing any such Change Order, an
appeal may be taken from any such decision in
accordance with the provisions of the Contract
Documents and applicable Laws and Regula-
tions, but during any such appeal,
CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6.18.A.
10.04 Notification to Surety
A. If notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract
Price or Contract Times) is required by the provisions
of any Bond to be given to a surety, the giving of any
such notice will be CONTRACTOR's responsibility.
The amount of each applicable Bond will be adjusted
to reflect the effect of any such change.
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10.05 Claims and Disputes
A. Notice: Written notice stating the general
nature of each Claim, dispute, or other matter shall be
delivered by the claimant to ENGINEER and the other
party to the Contract promptly (but in no event later
than 30 days) after the start of the event giving rise
thereto. Notice of the amount or extent of the Claim,
dispute, or other matter with supporting data shall be
delivered to the ENGINEER and the other party to the
Contract within 60 days after the start of such event
(unless ENGINEER allows additional time for claimant
to submit additional or more accurate data in support
of such Claim, dispute, or other matter). A Claim for
an adjustment in Contract Price shall be prepared in
accordance with the provisions of paragraph 12.01.13.
A Claim for an adjustment in Contract Time shall be
prepared in accordance with the provisions of
paragraph 12.02.13. Each Claim shall be accom-
panied by claimant's written statement that the adjust-
ment. claimed- is --the entire adjustment -to which the
claimant believes it is entitled as a result of said event.
The opposing party shall submit any response to
ENGINEER and the claimant within 30 days after
receipt of the claimant's last submittal (unless
ENGINEER allows additional time).
B. ENGINEER's Decision: ENGINEER will
render a formal decision in writing within 30 days after
receipt of the last submittal of the claimant or the last
submittal of the opposing party, if any. ENGINEER's
written decision on such Claim, dispute, or other
matter will be final and binding upon OWNER and
CONTRACTOR unless:
C. If ENGINEER does not render a formal
decision in writing within the time stated in paragraph
10.05.13, a decision denying the Claim in its entirety
shall be deemed to have been issued 31 days after
receipt of the last submittal of the claimant or the last
submittal of the opposing party, if any.
D. No Claim for an adjustment in Contract Price
or Contract Times (or Milestones) will be valid if not
submitted in accordance with this paragraph 10.05.
ARTICLE 11 - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work
means the sum of all costs -necessarily-Incurred and
paid by CONTRACTOR in the proper performance of
the Work. When the value of any Work covered by a
Change Order or when a Claim for an adjustment in
Contract Price is determined on the basis of Cost of
the Work, the costs to be reimbursed to
CONTRACTOR will be only those additional or
incremental costs required because of the change in
the Work or because of the event giving rise to the
Claim. Except as otherwise may be agreed to in
writing by OWNER, such costs shall be in amounts no
higher than those prevailing in the locality of the
Project, shall include only the following items, and
shall not include any of the costs itemized in para-
graph 11.01.13.
1, an appeal from ENGINEER's
decision is taken within the time limits and in 1. Payroll costs for employees in the
accordance with the dispute resolution direct employ. of CONTRACTOR in the perfor-
procedures set forth in Article 16; or mance of the Work under schedules of job
classifications agreed upon by OWNER and
2, if no such dispute resolution CONTRACTOR. Such employees shall include
procedures have been set forth in Article 16, a without limitation superintendents, foremen,
written notice of intention to appeal from and other personnel employed full time at the
ENGINEER's written decision is delivered by Site. Payroll costs for employees not employed
OWNER or CONTRACTOR to the other and to full time on the Work shall be apportioned on
ENGINEER within 30 days after the date of the basis of their time spent on the Work.
such decision, and a formal proceeding is Payroll costs shall include, but not be limited to,
instituted by the appealing party in a forum of salaries and wages plus the cost of fringe
competent jurisdiction within 60 days after the benefits, which shall include social security
date of such decision or within 60 days after contributions, unemployment, excise, and
Substantial Completion, whichever is later payroll taxes, workers' compensation, health
(unless otherwise agreed in writing by OWNER and retirement benefits, bonuses, sick leave,
and CONTRACTOR), to exercise such rights or vacation and holiday pay applicable thereto.
remedies as the appealing party may have with The expenses of performing Work outside of
respect to such Claim, dispute, or other matter regular working hours, on Saturday, Sunday, or
in accordance with applicable Laws and legal holidays, shall be included in the above to
Regulations. the extent authorized by OWNER.
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2. Cost of all materials and equipment
furnished and incorporated in the Work, includ-
ing costs of transportation and storage thereof,
and Suppliers' field services required in
connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER
deposits funds with CONTRACTOR with which
to make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns
from sale of surplus materials and equipment
shall accrue to OWNER, and CONTRACTOR
shall make provisions so that they may be
obtained.
3. Payments made by CONTRACTOR
to Subcontractors for Work performed by
Subcontractors. If required by OWNER, CON-
TRACTOR shall obtain competitive bids from
subcontractors acceptable to OWNER and
CONTRACTOR and shall deliver such bids to
OWNER, who will then determine, with the
advice of ENGINEER, which bids, if any, will be
acceptable. If any subcontract provides that the
Subcontractor is to be paid on the basis of Cost
of the Work plus a fee, the Subcontractor's
Cost of the Work and fee shall be determined
in the same manner as CONTRACTOR's Cost
of the Work and fee as provided in this para-
graph 11.01.
4. Costs of special consultants
(including but not limited to engineers,
architects, testing laboratories, surveyors,
attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the
following:
a. The proportion of necessary trans-
portation, travel, and subsistence expenses of
CONTRACTOR's employees incurred in dis-
charge of duties connected with the Work.
b. Cost, including transportation and
maintenance, of all materials, supplies, equip-
ment, machinery, appliances, office, and
temporary facilities at the Site, and hand tools
not owned by the workers, which are consumed
in the performance of the Work, and cost, less
market value, of such items used but not con-
sumed which remain the property of CON-
TRACTOR.
Go I Rentals of all construction equip-
ment and machinery, and the parts thereof
whether rented from CONTRACTOR or others
in accordance with rental agreements approved
by OWNER with the advice of ENGINEER,.and
the costs of transportation, loading, unloading,
assembly, dismantling, and removal thereof.
All such costs shall be in accordance with the
terms of said rental agreements. The rental of
any such equipment, machinery, or parts shall
cease when the use thereof is no longer
necessary for the Work.
d. Sales, consumer, use, and other
similar taxes related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
e . Deposits lost for causes other than
negligence of CONTRACTOR, any Sub-
contractor, or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments
and fees for permits and licenses.
f. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sus-
tained by CONTRACTOR in connection with
the performance of the Work (except losses
and damages within the deductible amounts of
property insurance established in accordance
with paragraph 5.06.D), provided such losses
and damages have resulted from causes other
than the negligence of CONTRACTOR, any
Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable. Such losses shall
include settlements made with the written
consent and approval of OWNER. No such
losses, damages, and expenses shall be
included in the Cost of the Work for the
purpose of determining CONTRACTOR's fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams,
long distance telephone calls, telephone service
at the Site, expressage, and similar petty cash
items in connection with the Work.
i. When the Cost of the Work is used to
determine the value of a Change Order or of a
Claim, the cost of premiums for additional
Bonds and insurance required because of the
changes in the Work or caused by the event
giving rise to the Claim.
j. When all the Work is performed on the
basis of cost-plus, the costs of premiums for all
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Bonds and insurance CONTRACTOR is
required by the Contract Documents to
purchase and maintain.
B. Costs Excluded: The term Cost of the Work
shall not include any of the following items:
1. Payroll costs and other compensation
of CONTRACTOR's officers, executives, princi-
pals (of partnerships and sole proprietorships),
general managers, engineers, architects,
estimators, attorneys, auditors, accountants,
purchasing and contracting agents, expediters,
timekeepers, clerks, and other personnel
employed by CONTRACTOR, whether at the
Site or in CONTRACTOR's principal or branch
office for general administration of the Work
and not specifically included in the agreed upon
schedule of job classifications referred to in
paragraph 11.01.A.1 or specifically covered by
paragraph 11.01..AA, all of which are to. be
considered administrative costs covered by the
CONTRACTOR's fee.
2. Expenses of CONTRACTOR's princi-
pal and branch offices other than
CONTRACTOR's office at the Site.
3. Any part of CONTRACTOR's capital
expenses, including interest on
CONTRACTOR's capital employed for the
Work and charges against CONTRACTOR for
delinquent payments.
4. Costs due to the negligence of CON-
TRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable,
including but not limited to, the correction of
defective Work, disposal of materials or
equipment wrongly supplied, and making good
any damage to property.
5. Other overhead or general expense
costs of any kind and the costs of any item not
specifically and expressly included in
paragraphs 11.01.A and 11.01.13.
C. CONTRACTOR's Fee: When all the Work is
performed on the basis of cost-plus, CONTRACTOR's
fee shall be determined as set forth in the Agreement.
When the value of any. Work covered by a Change
Order or when a Claim for an adjustment in Contract
Price is determined on the basis of Cost of the Work,
CONTRACTOR's fee shall be determined as set forth
in paragraph 12.01.C.
D. Documentation: Whenever the Cost of the
Work for any purpose is to be determined pursuant to
paragraphs 11.01.A and 11.01.13. CONTRACTOR will
establish and maintain records thereof in accordance
with generally accepted accounting practices and
submit in a form acceptable to ENGINEER an
itemized cost breakdown together with supporting
data.
11.02 Cash Allowances
A. It is understood that CONTRACTOR has in-
cluded in the Contract Price all allowances so named
in the Contract Documents and shall cause the Work
so covered to be performed for such sums as may be
acceptable to OWNER and ENGINEER.
CONTRACTOR agrees that:
1. the allowances include the cost to
CONTRACTOR (less any applicable trade
discounts) of materials and equipment required
by the allowances to be delivered at the Site,
and all applicable taxes; and
2. CONTRACTOR's costs for unloading
and handling on the Site, labor, installation
costs, overhead, profit, and other expenses
contemplated for the allowances have been
included in the Contract Price and not in the
allowances, and no demand for additional
payment on account of any of the foregoing will
be valid.
B. Prior to final payment, an appropriate Change
Order will be issued as recommended by ENGINEER
to reflect actual amounts due CONTRACTOR on
account of Work covered by allowances, and the Con-
tract Price shall be correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
unit price for each separately identified item of Unit
Price Work times the estimated quantity of each item
as indicated in the Agreement. The estimated
quantities of items of Unit Price Work are not guaran-
teed and are solely for the purpose of comparison of
Bids and determining an initial Contract Price. Deter-
minations of the actual quantities and classifications of
Unit Price Work performed by CONTRACTOR will be
made by ENGINEER subject to the provisions of
paragraph 9.08.
B. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be ade-
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quate to cover CONTRACTOR's overhead and profit
for each separately identified item.
C. OWNER or CONTRACTOR may make a
Claim for an adjustment in the Contract Price in accor-
dance with paragraph 10.05 if:
1. the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the
Agreement; and
2, there is no corresponding adjustment
with respect any other item of Work; and
3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER- is entitled to a decrease in Contract
Price and the parties are unable to agree as to
the amount of any such increase or decrease.
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any
Claim for an adjustment in the Contract Price shall be
based on written notice submitted by the party making
the Claim to the ENGINEER and the other party to the
Contract in accordance with the provisions of para-
graph 10.05.
B. The value of any Work covered by a Change
Order or of any Claim for an adjustment in the
Contract Price will be determined as follows:
1. where the Work involved is covered
by unit prices contained in the Contract
Documents, by application of such unit prices to
the quantities of the items involved (subject .to
the provisions of paragraph 11.03 ); or
2, where the Work involved is not cov-
ered by unit prices contained in the Contract
Documents, by a mutually agreed lump sum
(which may include an allowance for overhead
and profit not necessarily in accordance with
paragraph 12.01.C.2); or
3, where the Work involved is not cov-
ered by unit prices contained in the Contract
Documents and agreement to a lump sum is
not reached under paragraph 12.01.13.2, on the
basis of the Cost of the Work (determined as
provided in paragraph 11.01) plus a
CONTRACTOR's fee for overhead and profit
(determined as provided in paragraph 12.01.C).
C. CONTRACTOR's Fee: The
CONTRACTOR's fee for overhead and profit shall be
determined as follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then
a fee based on the following percentages of the
various portions of the Cost of the Work:
a. for costs incurred under para-
graphs 11.01.A.1 and 11.01.A.2, the
CONTRACTOR's fee shall be 15 percent;
b. for costs incurred under paragraph
11.01.A.3, the CONTRACTOR's fee shall
be five percent;
c. where one or more tiers of subcon-
tracts are on the basis of Cost of the Work
plus a fee and no fixed fee is -agreed upon,
the intent of paragraph 12.01.C.2.a is that
the Subcontractor who actually performs
the Work, at whatever tier, will be paid a fee
of 15 percent of the costs incurred by such
Subcontractor under paragraphs 11.01.A.1
and 11.01.A.2 and that any higher tier
Subcontractor and CONTRACTOR will
each be paid a fee of five percent of the
amount paid to the next lower tier Subcon-
tractor;
d. no fee shall be payable on the
basis of costs itemized under paragraphs
11.01.A.4, 11.01.A.5, and 11.01.8;
e. the amount of credit to be allowed
by CONTRACTOR to OWNER for any
change which results in a net decrease in
cost will be the amount of the actual net
decrease in cost plus a deduction in
CONTRACTOR's fee by an amount equal
to five percent of such net decrease; and
f. when both additions and credits are
involved in any one change, the adjustment
in CONTRACTOR's fee shall be computed
on the basis of the net change in
accordance with paragraphs 12.01.C.2.a
through 12.01.C.2.e, inclusive.
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12.02 Change of Contract Times
A. The Contract Times (or Milestones) may only
be changed by a Change Order or by a Written
Amendment. Any Claim for an adjustment in the
Contract Times (or Milestones) shall be based on
written notice submitted by the party making the claim
to the ENGINEER and the other party to the Contract
in accordance with the provisions of paragraph 10.05.
B. Any adjustment of the Contract Times (or
Milestones) covered by a Change Order or of any
Claim for an adjustment in the Contract Times (or
Milestones) will be determined in accordance with the
provisions of this Article 12.
12.03 Delays Beyond CONTRACTOR's Control
A. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due tot delay beyond the control
of CONTRACTOR, 4 the Contract Times (or
Milestones) will be extended in an amount equal to the
time lost due to such delay if a Claim is made therefor
as provided in paragraph 12.02.A. Delays beyond the
control of CONTRACTOR shall include, but not be
limited to, acts or neglect by OWNER, acts or neglect
of utility owners or other contractors performing other
work as contemplated by Article 7, fires, floods,
epidemics, abnormal weather conditions, or acts of
God.
12.04 Delays Within CONTRACTOR's Control
A. The Contract Times (or Milestones) will not be
extended due to delays within the control of
CONTRACTOR. Delays attributable to and within the
control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRAC-
TOR.
12.05 Delays Beyond OWNER's and
CONTRACTOR's Control
A. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control
of both OWNER and CONTRACTOR, an extension of
the Contract Times (or Milestones) in an amount
equal to the time lost due to such delay shall be
CONTRACTOR's sole and exclusive remedy for such
delay.
12.06 Delay Damages
A. In no event shall OWNER or ENGINEER be
liable to CONTRACTOR, any Subcontractor, any
Supplier, or any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from:
1, delays caused by or within the control
of CONTRACTOR; or
2, delays beyond the control of both
OWNER and CONTRACTOR including but not
limited to fires, floods, epidemics, abnormal
weather conditions, acts of God, or acts or
neglect by utility owners or other contractors
performing other work as contemplated by
Article 7.
B. Nothing in this paragraph 12.06 bars a
change in Contract.Price pursuant to this Article 12 to
compensate CONTRACTOR due to delay,
interference, or disruption directly attributable to
actions or inactions of OWNER or anyone for whom
OWNER is responsible.
ARTICLE 13 -. TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
OWNER or ENGINEER. has actual knowledge will be
given to CONTRACTOR. All defective Work may be
rejected, corrected, or accepted as provided in this
Article 13.
13.02 Access to Work
A. OWNER, ENGINEER, ENGINEER's Con-
sultants, other representatives and personnel of
OWNER, independent testing laboratories, and
governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable
times for their observation, inspecting, . and testing.
CONTRACTOR shall provide them proper and safe
conditions for such access and advise them of
CONTRACTOR's Site safety procedures and
programs so that they may comply therewith as
applicable,
13.03 Tests and Inspections
A. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required
inspections, tests, or approvals and shall cooperate
with inspection and testing personnel to facilitate
required inspections or tests.
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B.
services of an independent testing laboratow to
perform all inspections, tests, or approvals re red by
the Contract Documents except:
1. for inspections, to or approvals
coveredZ.04.Bshall
1 3.0 and 13.03.D
below;
2, urred in connection with
tests oonducted pursuant to
paragrall be paid as provided in
said par; and
asotherwise specifically provided in
C. If Laws or Regulations of any public body
having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an
employee or other representative of such public body,
CONTRACTOR shall assume full responsibility for
arranging and obtaining such inspections, tests, or
approvals, pay all costs in connection therewith, and
furnish ENGINEER the required certificates of inspec-
tion or approval.
D. CONTRACTOR shall be responsible for
arranging and obtaining and shall pay all costs in
connection with any inspections, tests, or approvals
required for OWNER's and ENGINEER's acceptance
of materials or equipment to be incorporated in the
Work; or acceptance of materials, mix designs, or
equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation
in the Work. Such inspections, tests, or approvals
shall be performed by organizations acceptable to
OWNER and ENGINEER.
E. If any Work (or the work of others) that is to
be inspected, tested, or approved is covered by CON-
TRACTOR without written concurrence of ENGI-
NEER, it must, if requested by ENGINEER, be uncov-
ered for observation.
F. Uncovering Work as provided in paragraph
13.03.E shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice
of CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable prompt-
ness in response to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by ENGI-
NEER, be uncovered for ENGINEER's observation
and replaced at CONTRACTOR's expense.
B. If ENGINEER considers it necessary or
advisable that covered Work be observed by ENGI-
NEER or inspected or tested by others, CONTRAC-
TOR, at ENGINEER's request, shall uncover, expose,
or otherwise make available for observation, inspec-
tion, or testing as ENGINEER may require, that
portion of the Work in question, furnishing all neces-
sary labor, material, and equipment. If it is found that
such Work is defective, CONTRACTOR shall pay all
Claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observa-
tion, inspection, and testing, and of satisfactory
replacement or reconstruction (including but not
limited to all costs of repair or replacement of work of
others); and OWNER shall be entitled to an
appropriate decrease in the Contract Price. If the
parties are unable to agree as to the amount thereof,
OWNER may make a Claim therefor as provided in
paragraph 10.05. If, however, such Work is not found
to be defective, CONTRACTOR shall be allowed an
increase in the Contract Price or an extension of the
Contract Times (or Milestones), or both, directly
attributable to such uncovering, exposure,
observation, inspection, testing, replacement, and
reconstruction. If the parties are unable to agree as to
the amount or extent thereof, CONTRACTOR may
make a Claim therefor as provided in paragraph
10.05.
13.05 OWNER May Stop the Work
fails to supply sufficient skilled workers or stable
materials or equipment, or fails to Rmay
a Work in
such a way that the completed Wl conform to
the Contract Documents, OWNEorder CON-
TRACTOR to stop the Work r any portion thereof,
until the cause for such der has been eliminated;
however, this right of NER to stop the Work shall
not give rise to duty on the part of OWNER to
exercise this ' t for the benefit of CONTRACTOR,
any Sub ractor, any Supplier, any other individual
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13.06 Correction or Removal of Defective Work
A. CONTRACTOR shall correct all defective
Work, whether or not fabricated, installed, or
completed, or, if the Work has been rejected by ENGI-
NEER, remove it from the Project and replace it with
Work that is not defective. CONTRACTOR shall pay
all Claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs)
arising out of or relating to such correction or removal
(including but not limited to all costs of repair or
replacement of work of others).
13.07 Correction Period
A. If within one year after the date of Substantial
Completion or such longer period of time as may be
prescribed by Laws or Regulations or by the terms of
any applicable special guarantee required -by the
Contract Documents or by any specific provision of the
Contract Documents, any Work is found to be
defective, or if the repair of any damages to the land
or areas made available for CONTRACTOR's use by
OWNER or permitted by Laws and Regulations as
contemplated in paragraph 6.11.A is found to be
defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) repair such defective land or areas, or
(ii) correct such defective Work or, if the defective
Work has been rejected by OWNER, remove it from
the Project and replace it with Work that is not
defective, and (iii) satisfactorily correct or repair or
remove and replace any damage to other Work, to the
work of others or other land or areas resulting there-
from. If CONTRACTOR does not promptly comply
with the terms of such instructions, or in an
emergency where delay would cause serious risk of
loss or damage, OWNER may have the defective
Work corrected or repaired or may have the rejected
Work removed and replaced, and all Claims, costs,
losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or
other dispute resolution costs) arising out of or relating
to such correction or repair or such removal and
replacement (including but not limited to all costs of
repair or replacement of work of others) will be paid by
CONTRACTOR.
B. In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to run from an
earlier date if so provided in the Specifications or by
Written Amendment,
C. Where defective Work (and damage to other
Work resulting therefrom) has been corrected or
removed and replaced under this paragraph 13.07,
the correction period hereunder with respect to such
Work will be extended for an additional period of one
year after such correction or removal and replacement
has been satisfactorily completed.
D. CONTRACTOR's obligations under this
paragraph 13.07 are in addition to any other obligation
or warranty. The provisions, of this paragraph 13.07
shall not be construed as a substitute for or a waiver
of the provisions of any applicable statute of limitation
or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring, correction or removal
and replacement of defective Work, OWNER (and,
prior to ENGINEER's recommendation of final pay-
ment, ENGINEER) prefers to accept it, OWNER may
do so. CONTRACTOR shall pay all Claims, costs,
losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or
other dispute resolution costs) attributable to
OWNER's evaluation of and determination to accept
such defective Work (such costs to be approved by
ENGINEER as to reasonableness) and the diminished
value of the Work to the extent not otherwise paid by
CONTRACTOR pursuant to this sentence. If any
such acceptance occurs prior to ENGINEER's recom-
mendation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work, and
OWNER shall be entitled to an appropriate decrease
in the Contract Price, reflecting the diminished value of
Work so accepted. If the parties are unable to agree
as to the amount thereof, OWNER may make a Claim
therefor as provided in paragraph 10.05. If the
acceptance occurs after such recommendation, an
appropriate amount will be paid by CONTRACTOR to
OWNER.
13.09 OWNER May Correct Defective Work
A. If CONTRACTOR fails within a reasonable
time after written notice from ENGINEER to correct
defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with
paragraph 13.06.A, or if CONTRACTOR fails to
perform the Work in accordance with the Contract
Documents, or if CONTRACTOR fails to comply with
any other provision of the Contract Documents,
OWNER may, after seven days written notice to
CONTRACTOR, correct and remedy any such
deficiency.
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B. In exercising the rights and remedies under
this paragraph, OWNER shall proceed expeditiously.
In connection with such corrective and remedial
action, OWNER may exclude CONTRACTOR from all
or part of the Site, take possession of all or part of the
Work and suspend CONTRACTOR's services related
thereto, take possession of CONTRACTOR's tools,
appliances, construction equipment and machinery at
the Site, and incorporate in the Work all materials and
equipment stored at the Site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, OWNER's
other contractors, and ENGINEER and ENGINEER's
Consultants access to the Site to enable OWNER to
exercise the rights and remedies under this
paragraph.
C. All Claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) incurred or sustained by
OWNER in exercising the rights and remedies under
this paragraph 13.09 will be charged against CON-
TRACTOR, and a Change Order will be issued
incorporating the necessary revisions in the Contract
Documents with respect to the Work; and OWNER
shall be entitled to an appropriate decrease in the
Contract Price. If the parties are unable to agree as to
the amount of the adjustment, OWNER may make a
Claim therefor as provided in paragraph 10.05. Such
claims, costs, losses and damages will include but not
be limited to all costs of repair, or replacement of work
of others destroyed or damaged by correction,
removal, or replacement of CONTRACTOR's
defective Work.
D. CONTRACTOR shall not be allowed an
extension of the Contract Times (or Milestones)
because of any delay in the performance of the Work
attributable to the exercise by OWNER of OWNER's
rights and remedies under this paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provid-
ed in paragraph 2.07.A will serve as the basis for
progress payments and will be incorporated into a
form of Application for Payment acceptable to ENGI-
NEER. Progress payments on account of Unit Price
Work will be based on the number of units completed.
14.02 Progress Payments
A. Applications for Payments
1. At least 20 days before the date
established for each progress payment (but not
more often than once a month),
CONTRACTOR shall submit to ENGINEER for
review an Application for Payment 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 in 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,
invoice, or other documentation warranting that
OWNER has received the materials and equ.ip-
ment free and clear of all Liens and evidence
that the materials and equipment are covered
by appropriate property insurance or other
arrangements to protect OWNER's interest
therein, all of which must be satisfactory to
OWNER.
2. Beginning with the second
Application for Payment, each Application shall
include an affidavit of CONTRACTOR stating
that all previous progress payments received
on account of the Work have been applied on
account to discharge CONTRACTOR's
legitimate obligations associated with prior
Applications for Payment.
3. The amount of retainage with respect
to progress payments will be as stipulated in
the Agreement.
B. Review of Applications
1. ENGINEER will, within 10 days after
receipt of each Application for Payment, either
indicate in writing a recommendation of
payment and present the Application to
OWNER or return the Application to
CONTRACTOR indicating in writing
ENGINEER's reasons for refusing to
recommend payment. In the latter case, COW
TRACTOR may make the necessary
corrections and resubmit the Application.
2. ENGINEER's recommendation of
any payment requested in an Application for
Payment will constitute a representation by
ENGINEER to OWNER, based on
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ENGINEER's observations on the Site of the
executed Work as an experienced and qualified
design professional and on ENGINEER's
review of the Application for Payment and the
accompanying data and schedules, that to the
best of ENGINEER's knowledge, information
and belief:
a. the Work has progressed to the point
indicated;
b. the quality of the Work is generally in
accordance with the Contract Documents
(subject to an evaluation of the Work as a
functioning whole prior to or upon
Substantial Completion, to the results of any
subsequent tests called for in the Contract
Documents, to a final determination of
quantities and classifications for Unit Price
Work under paragraph 9.08, and to any
other- qualifications stated_ in the
recommendation); and
c. The conditions precedent to
CONTRACTOR's being entitled to such
payment appear to have been fulfilled in so
far as it is ENGINEER's responsibility to
observe the Work.
3. By recommending any such
payment ENGINEER will not thereby be
deemed to have represented that: (i) inspec-
tions made to check the quality or the quantity
of the Work as it has been performed have
been exhaustive, extended to every aspect of
the Work in progress, or involved detailed
inspections of the Work beyond the responsi-
bilities specifically assigned to ENGINEER in
the Contract Documents; or (ii) that there may
not be other matters or issues between the
parties that might entitle CONTRACTOR to be
paid additionally by OWNER or entitle OWNER
to withhold payment to CONTRACTOR.
4, Neither ENGINEER's review of
CONTRACTOR's Work for the purposes of
recommending payments nor ENGINEER's
recommendation of any payment, including final
payment, will impose responsibility on
ENGINEER to supervise, direct, or control the
Work or for the means, methods, techniques,
sequences, or procedures of construction, or
the safety precautions and programs incident
thereto, or for CONTRACTOR's failure to
comply with Laws and Regulations applicable to
CONTRACTOR's performance of the Work.
Additionally, said review or recommendation will
not impose responsibility on ENGINEER. to
make any examination to ascertain how or for
what purposes CONTRACTOR has used the
moneys paid on account of the Contract Price,
or to determine that title to any of the Work,
materials, or equipment has passed to
OWNER free and clear of any Liens.
5. ENGINEER may refuse to recom-
mend the whole or any part of any payment if,
in ENGINEER's opinion, it would be incorrect to
make the representations to OWNER referred
to in paragraph 14.02.13.2. ENGINEER may
also refuse to recommend any such payment
or, because of subsequently discovered
evidence or the results of subsequent
inspections or tests, revise or revoke any such
payment recommendation previously made, to
such extent as may be necessary in
ENGINEER's opinion to protect OWNER from
loss because:
a. the Work is defective, or completed
Work has been damaged, requiring
correction or replacement;
b. the Contract Price has been reduced
by Written Amendment or Change Orders;
c. OWNER has been required to correct
defective Work or complete Work in accor-
dance with paragraph 13.09; or
C. Payment Becomes Due
Application for Payment to O with
ENGINEER's recomme n, the amount
recommended wi sect to the provisions of
paragrap 2.D) become due, and when
D. Reduction in Payment
1. OWNER may refuse to make
payment of the full amount recommended by
ENGINEER because:
a. claims have been made against
OWNER on account of CONTRACTOR Is
performance or furnishing of the Work;
b. Liens have been filed in connection
with the Work, except where
CONTRACTOR has delivered a specific
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Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens;
c, there are other items entitling OWN-
ER to a set-off against the amount
recommended; or
d. OWNER has actual knowledge of the
occurrence of any of the events enumerated
in paragraphs 14.02.B.5.a through
14.02.B.5.c or paragraph 15.02.A.
2, If OWNER refuses to make payment
of the full amount recommended by
ENGINEER, OWNER must give
CONTRACTOR immediate written notice (with
a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR
any amount remaining after deduction of the
amount so withheld. OWNER shall promptly
pay CONTRACTOR the amount so withheld, or
any adjustment thereto agreed to by OWNER
and CONTRACTOR, when CONTRACTOR
corrects to OWNER's satisfaction the reasons
for such action.
3. If it is subsequently determined that
OWNER's refusal of payment was not justified,
the amount wrongfully withheld shall be treated
as an amount due as determined by paragraph
14.02.C.1,
14.03 CQNTRACTOR's Warranty of Title
A. CONTRACTOR warrants and guarantees
that title to all Work, materials, and equipment covered
by any Application for Payment, whether incorporated
in the Project or not, will pass to OWNER no later than
the time of payment free and clear of all Liens.
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14.04 Substantial Completion
B. OWNER shall have the right to exclude
CONTRACTOR from the Site after the date of
Substantial Completion, but OWNER shall allow CON-
TRACTOR reasonable access to complete or correct
items on the tentative list.
14.05 Partial Utilization
A. Use by OWNER at OWNER's option of any
substantially completed part of the Work which has
specifically been identified in the Contract Documents,
or which OWNER, ENGINEER, and CONTRACTOR
agree constitutes a separately functioning and usable
part of the Work that can be used by OWNER for its
intended purpose without significant interference with
CONTRACTOR's performance of the remainder of
the Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following
conditions.
1. OWNER at any time may request
CONTRACTOR in writing to permit OWNER to
use any such part of the Work which OWNER
believes to be ready for its intended use and
substantially complete. If CONTRACTOR
agrees that such part of the Work is
substantially complete, CONTRACTOR will
certify to OWNER and ENGINEER that such
part of the Work is substantially complete and
request ENGINEER to issue a certificate of
Substantial Completion for that part of the
Work. CONTRACTOR at any time may notify
OWNER and ENGINEER in writing that
CONTRACTOR considers any such partof the
Work ready for its intended use and substan-
tially complete and request ENGINEER to issue
a certificate of Substantial Completion for that
part of the Work. Within a reasonable time
after either such request, OWNER,
CONTRACTOR, and ENGINEER shall make
an inspection of that part of the Work to
determine its status of completion. If
ENGINEER does not consider that part of. the
Work to be substantially complete, ENGINEER
will notify OWNER and CONTRACTOR in
writing giving the reasons therefor. If
ENGINEER considers that part of the Work to
be substantially complete, the provisions of
paragraph 14.04 will apply with respect to
certification of Substantial Completion of that
part of the Work and the division of
responsibility in respect thereof and access
thereto.
2. No occupancy or separate operation
of part of the Work may occur prior to
compliance with the requirements of paragraph
5.10 regarding property insurance.
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14.06 Final Inspection
A. Upon written notice from CONTRACTOR that
the entire Work or an agreed portion thereof is
complete, ENGINEER will promptly make a final
inspection with OWNER and CONTRACTOR and will
notify CONTRACTOR in writing of all particulars in
which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall
immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.07 Final Payment
A. Application for Payment
1. After CONTRACTOR has, in the
opinion of ENGINEER, satisfactorily completed
all corrections identified during the final
inspection and has delivered, in accordance
with the Contract Documents, all maintenance
and operating instructions, schedules, guaran-
tees, Bonds, certificates or other evidence of
insurance certificates of inspection, marked -up
record documents (as provided in paragraph
6.12), and other documents, CONTRACTOR
may make application for final payment follow-
ing the procedure for progress payments.
2. The final Application for Payment
shall be accompanied (except as previously
delivered) by: (i) all documentation called for in
the Contract Documents, including but not
limited to the evidence of insurance required by
subparagraph 5.04.13.7; (ii) consent of the
surety, if any, to final payment; and (iii)
complete and legally effective releases or
waivers (satisfactory to OWNER) of all Lien
rights arising out of or Liens filed in connection
with the Work.
3. In lieu of the releases or waivers of
Liens specified in paragraph 14.07.A.2 and as
approved by OWNER, CONTRACTOR may
furnish receipts or releases in full and an
affidavit of CONTRACTOR that: (i) the releases
and receipts include all labor, services,
material, and equipment for which a Lien could
be filed; and (ii) all payrolls, material and
equipment bills, and other indebtedness
connected with the Work for which OWNER or
OWNER's property might in any way be
responsible have been paid or otherwise satis-
fied. If any Subcontractor or Supplier fails to
furnish such a release or receipt in full, CON-
TRACTOR may furnish a Bond or other
collateral satisfactory to OWNER to indemnify
OWNER against any Lien.
B. Review of Application and Acceptance
1. If, on the basis of ENGINEER's
observation of the Work during construction
and final inspection, and ENGINEER's review
of the final Application for Payment and
accompanying documentation as required by
the Contract Documents, ENGINEER is
satisfied that the Work has been completed
and CONTRACTOR's other obligations under
the Contract Documents have been fulfilled,
ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in
writing ENGINEER's recommendation of
payment and present the Application for
Payment to OWNER for payment. At the same
time ENGINEER will also give written notice to
OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of
paragraph 14.09. Otherwise, ENGINEER will
return the Application for Payment to
CONTRACTOR, indicating in writing the
reasons for refusing to recommend final
payment, in which case CONTRACTOR shall
make the necessary corrections and resubmit
the Application for Payment.
C. Payment Becomes Due
14.08 Final Completion Delayed
A. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed, and if
ENGINEER so confirms, OWNER shall, upon receipt
of CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminat-
ing the Agreement, make payment of the balance due
for that portion of the Work fully completed and
accepted. If the remaining balance to be held by
OWNER for Work not fully completed or corrected is
less than the retainage stipulated in the Agreement,
and if Bonds have been furnished as required in
paragraph 5.01, the written consent of the surety to
the payment of the balance due for that portion of the
Work fully completed and accepted shall be submitted
by CONTRACTOR to ENGINEER with the Application
for such payment. Such payment shall be made
under the terms and conditions governing final
payment, except that it shall not constitute a waiver of
Claims.
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14.08 Final Completion Delayed
A. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed, and if
ENGINEER so confirms, OWNER shall, upon receipt
of CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminat-
ing the Agreement, make payment of the balance due
for that portion of the Work fully completed and
accepted. If the remaining balance to be held by
OWNER for Work not fully completed or corrected is
less than the retainage stipulated in the Agreement,
and if Bonds have been furnished as required in
paragraph 5.01, the written consent of the surety to
the payment of the balance due for that portion of the
Work fully completed and accepted shall be submitted
by CONTRACTOR to ENGINEER with the Application
for such payment. Such payment shall be made
under the terms and conditions governing final
payment, except that it shall not constitute a waiver of
Claims.
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14.09 Waiver of Claims
A. The making and acceptance of final payment
will constitute:
1. a waiver of all Claims by OWNER
against CONTRACTOR, except Claims arising
from unsettled Liens, from defective Work
appearing after final inspection pursuant to
paragraph 14.06, from failure to comply with the
Contract Documents or the terms of any special
guarantees specified therein, or from
CONTRACTOR's continuing obligations under
the Contract Documents; and
2. a waiver of all Claims by CONTRAC-
TOR against OWNER other than those
previously made in writing which are still
unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.01 OWNER May Suspend Work
A. At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period
of not more than 90 consecutive days by notice in
writing to CONTRACTOR and ENGINEER which will
fix the date on which Work will be resumed. CON-
TRACTOR shall resume the Work on the date so
fixed.
15.02 OWNER May Terminate for Cause
A. The occurrence of any one or more of the
following events will justify termination for cause:
1. CONTRACTOR's persistent failure
to perform the Work in accordance with the
Contract Documents (including, but not limited
to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to
adhere to the progress schedule established
under paragraph 2.07 as adjusted from time to
time pursuant to paragraph 6.04);
2. CONTRACTOR's disregard of Laws
or Regulations of any public body having
jurisdiction;
3. CONTRACTOR's disregard of the
authority of ENGINEER; or
4. CONTRACTOR's violation in any
substantial way of any provisions of the
Contract Documents.
B. If one or more of the events identified in
paragraph 15.02.A occur, OWNER may, after giving
CONTRACTOR (and the surety, if any) seven days
written notice, terminate the services of
CONTRACTOR, exclude CONTRACTOR from the
Site, and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment, and machinery at the Site, and use the
same to the full extent they could be used by
CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all
materials and equipment stored at the. Site or for
which OWNER has paid CONTRACTOR but which
are. stored -elsewhere and finish -the -Work -as OWNER
may deem expedient. In such case, CONTRACTOR
shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the
Contract Price exceeds all claims, costs, losses, and
damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) sustained by OWNER arising
out of or relating to completing the Work, such excess
will be paid to CONTRACTOR. If such claims, costs,
losses, and damages exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER.
Such claims, costs, losses, and damages incurred by
OWNER will be reviewed by ENGINEER as to their
reasonableness and, when so approved by
ENGINEER, incorporated in a Change Order. When
exercising any rights or remedies under this
paragraph OWNER shall not be required to obtain the
lowest price for the Work performed.
C. Where CONTRACTOR's services have been
so terminated by OWNER, the termination will not
affect any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by OWNER.will not release CON-
TRACTOR from liability.
15.03 OWNER May Terminate For Convenience
A. Upon seven days written notice to CON-
TRACTOR and ENGINEER, OWNER may, without
cause and without prejudice to any other right or
remedy of OWNER, elect to terminate the Contract.
In such case, CONTRACTOR shall be paid (without
duplication of any items):
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1. for completed and acceptable Work
executed in accordance with the Contract
Documents prior to the effective date of
termination, including fair and reasonable sums
for overhead and profit on such Work;
2, for expenses sustained prior to the
effective date of termination in performing
services and furnishing labor, materials, or
equipment as required by the Contract
Documents in connection with uncompleted
Work, plus fair and reasonable sums for
overhead and profit on such expenses;
3, for all claims, costs, losses, and
damages (including but not limited to all fees
and charges of engineers, architects, attorneys,
and other professionals and all court or
arbitration or other dispute resolution costs) in-
curred in settlement of terminated contracts
with Subcontractors, Suppliers, and others; and
4, for reasonable expenses directly
attributable to termination.
B. CONTRACTOR shall not be paid on account
of loss of anticipated profits or revenue or other eco-
nomic loss arising out of or resulting from such
termination.
15.04 CONTRACTOR May Stop Work or
Terminate
ITs
-
.-
- =
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- - - -
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Dispute resolution methods and procedures, if
any, shall be as set forth in the Supplementary
Conditions. If no method and procedure has been set
forth, and subject to the provisions of paragraphs 9.09
and 10.05, OWNER and CONTRACTOR may
exercise such rights or remedies as either may
otherwise have under the Contract Documents or by
Laws or Regulations in respect of any dispute.
ARTICLE 1.7 - MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract
Documents requires the giving of written notice, it will
be deemed to have been validly given if delivered in
person to the individual or to a member of the firm or
to an officer of the corporation for whom it is intended,
or if delivered at or sent by registered or certified mail,
postage prepaid, to the last business address known
to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will
be omitted from the computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies avaik
able hereunder to the parties hereto are in addition to,
and are not to be construed in any way as a limitation
of, any rights and remedies available to any or all of
them which are otherwise imposed or available by
Laws or Regulations, by special warranty or
guarantee, or by other provisions of the Contract
Documents, and the provisions of this paragraph will
be as effective as if repeated specifically in the
Contract Documents in connection with each
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particular duty, obligation, right, and remedy to which
they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warran-
ties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as
all continuing obligations indicated in the Contract
Documents, will survive final payment, completion,
and acceptance of the Work or termination or comple-
tion of the Agreement.
17.05 Controlling Law
A. This Contract is to be governed by the law of the
state in which the Project is located.
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SECTION 00800 - SUPPLEMENTARY CONDITIONS
TO THE GENERAL CONDITIONS
Article Title
Introduction
Defined Terms
Before Starting Construction
Preconstruction Conference
Coordination of Plans, Specifications, and Special Provisions
Subsurface and Physical Conditions
Performance, Payment and Other Bonds
Certificates of Insurance
CONTRACTOR'S Liability Insurance
OWNER'S Liability Insurance
Property Insurance
Waiver of Rights
Receipt and Application of Insurance Proceeds
Labor; Working Hours
Permits
Taxes
Test and Inspections
Progress Payments
Mediation
Arbitration
Liens
Article Number
SC - 1.00
SC —1.01
SC —2.05
SC — 2.06
SC — 3.06
SC — 4.02
SC — 5..01
SC — 5.03
SC — 5.04
SC — 5.05
SC — 5.06
SC — 5.07
SC — 5.08
SC — 6.02
SC — 6.06
SC — 6.10
SC —13.03
SC — 14.02
SC —16.02
SC —16.03
SC — 17.06
00800-i
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SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE
GENERAL CONDITIONS
SC -1.00 Introduction
These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the Contract
Documents as indicated below. All provisions, which are not so amended or supplemented,
remain in full force and effect.
The terms used in these Supplementary Conditions will have the meanings indicated in the
General Conditions,
SC -1.01 Defined Terms
SC -1.01.A.20. Delete paragraph GC 1.01.A.20 in its entirety.
SC -2.05 Before Starting Construction
SC -2.05.C. Delete paragraph GC 2.05.0 in its entirety and insert the following paragraph in its
place:
C. Evidence of Insurance: CONTRACTOR shall not commence work under this
Contract until he has obtained all insurance required under Article 5 and such
insurance has been delivered to the OWNER and approved by the OWNER, nor
shall the CONTRACTOR allow any Subcontractor to commence work on his
subcontract until all similar insurance required of the Subcontractor has been so
obtained and approved. All such insurance shall remain in effect until final
payment and at all times thereafter when CONTRACTOR may be correcting,
removing or replacing defective Work in accordance with Article 13.
SC -2,06 Preconstruction Conference
SC -2.06 Delete paragraph GC -2.06.A in its entirety and insert the following paragraph in its
place:
A. Immediately after awarding the contract, but before the CONTRACTOR begins
work, the Engineer will call a preconstruction conference at a place the
ENGINEER designates to establish an understanding among the parties as to
the work and to discuss schedules referred to in paragraph 2.05.13, procedures
for handling Shop Drawings and other submittals, and maintaining required
records. Utility companies and others as appropriate will be requested to attend
to dis cuss and coordinate work.
SC -3.06 Coordination of Plans, Specifications, and Special Provisions
SC -3.06 Add the following new paragraphs immediately after paragraph GC -3.05:
SC -3.06 • Coordination of Plans, Specifications, and Special Provisions
A. In case of discrepancy, the governing order of the documents shall be as follows:
1. Written Interpretations
2. Addenda
3. Specifications
4. Supplementary Conditions to the General Conditions
5, General Conditions
6. Approved Shop Drawings
7, Drawings
8, Referenced Standards,
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B. Written/computed dimensions shall govern over scaled dimensions.
SC -5.01 Performance, Payment and Other Bonds
SC -5.01.A. Delete paragraph GC -5.01.A in its entirety and insert the following paragraphs in its
place:
A. Within ten (10) days of receipt of the Contract Documents for execution, the
CONTRACTOR shall furnish a Performance Bond in an amount equal to 100% of
the Contract Price and a Payment Bond in an amount equal to 100% of the
Contract Price,
1. The CONTRACTOR shall provide two separate bonds. A combined
Payment and Performance Bond for 100% of the Contract Price is not an
acceptable substitute.
2. In lieu of the Performance and Payment Bonds, the CONTRACTOR may
furnish an alternative form of security in the form of cash, money order,
certified check, cashier's check, irrevocable letter of credit or a security as
listed in Part II of F.S. Chapter 625. Any such alternative form of security
shall be for the same purpose, and be for the same amount and subject
to the same conditions as those- applicable to the -bond otherwise
required. The determination of the value of an alternative form of security
shall be made by the OWNER.
3. Such Bonds shall continue in effect for one (1) year after acceptance of
the Work by the OWNER.
4, The CONTRACTOR shall record, the Payment Bond and the
Performance Bond with the Public Record Section of the Indian River
County Courthouse located at 2000 16th Avenue, Vero Beach, Florida
32960. The recorded bonds shall be forwarded to the Indian River
County Purchasing Division on or before the seventh day after they are
recorded. The CONTRACTOR shall pay all costs.
SC -5.03 Certificates of Insurance
SC -5.03 Delete the second sentence of paragraph GC -5.03 in its entirety.
SC -5.04 CONTRACTOR's Liability Insurance
SC -5.04 Add the following new paragraphs immediately after paragraph GC -5.04.8:
co The limits of liability for the insurance required by paragraph 5.04 of the General
Conditions shall provide coverage for not less than the following amounts or
greater where required by Laws and Regulations:
1. Worker's Compensation: To meet statutory limits in compliance with the
Worker's Compensation Law of Florida. This policy must include
Employer Liability with a limit $100,000 for each accident, $500,000
disease (policy limit) and $100,000 disease (each employee). Such
policy shall include a waiver of subrogation as against OWNER and
ENGINEER on account of injury sustained by an employee(s) of the
CONTRACTOR.
2. Commercial General Liability: Coverage shall provide minimum limits of
liability of $1,000,000 per occurrence Combined Single Limit for Bodily
Injury and Property Damage. This shall include coverage for:
a. Premises/Operations
b. Products/Completed Operations
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C. Contractual Liability
d. Independent Contractors
e. Explosion
f. Collapse
g. Underground.
3, Business Auto Liability: Coverage shall provide minimum limits of liability
of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and
Property Damage. This shall include coverage for:
a. Owner Autos
b. Hired Autos .
C, Non -Owned Autos,
4. CONTRACTOR's "All Risk" Insurance: CONTRACTOR shall secure
Builders' Risk "All Risk" insurance at his expense and provide properly
completed and executed "Certificates of Insurance and Insurance
Endorsement" forms in the exact wording and format presented in these
Contract Documents before starting work.
5. Special Requirements:
a. Ten (10) days prior to the commencement of any work under this
Contract, certificates of insurance and endorsement forms in the
exact wording and format as presented in these Contract
Documents will be provided to the OWNER'S Risk Manager for
review and approval.
b. "Indian River County Florida" will be named as "Additional
Insured" on both the General Liability, Auto Liability and Builder's
Risk "All Risk" Insurance.
C. The OWNER will be given thirty (30) days notice prior to
cancellation or modification of- any stipulated insurance. Such
notification will be in writing by registered mail, return receipt
requested and addressed to the OWNER's Risk Manager.
d. An appropriate "Indemnification" clause shall be made a provision
of the Contract (see paragraph 6.20 of the General Conditions).
e. It is the responsibility of the CONTRACTOR to insure that all
subcontractors comply with all insurance requirements.
f. It should be remembered that these are minimum requirements,
which are subject to modification in response to high hazard
operation.
g. Insured must be authorized to do business and have an agent for
service of process in Florida and have an AAA policyholder's
rating and financial rating of a least Class XI in accordance with
the most current Best's Rating.
D. Additional Insureds:
1. In addition to "Indian River County, Florida," the following individuals or
entities shall be listed as "additional insureds" on the CONTRACTOR's
liability insurance policies:
a. NONE
b.
C,
SC -5.05 OWNER's Liability Insurance
SC -5.05 Delete paragraph GC -5.05.A in its entirety.
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SC -5.06 Property Insurance .
SC -5.06 Delete paragraphs GC -5.06.A, 8, and C in their entirety and insert the following
paragraphs in their place:
A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the
Site in the amount of the full replacement cost thereof. This insurance shall:
1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and any other individuals or entities identified in the
Supplementary Conditions, and the officers, directors, partners, employees, agents
and other consultants and subcontractors of any of them each of whom is deemed
to have an insurable interest and shall be listed as an insured or additional insured;
2. be written on a Builder's Risk "All Risk" or open peril or special causes of loss
policy form that shall at least include insurance for physical loss and damage to the
Work, temporary buildings, falsework, and materials and equipment in transit and
shall insure against at least the following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious mischief, earthquake, collapse,
debris removal, demolition occasioned by enforcement of Laws and Regulations,
water damage, and such other perils or causes of loss as may be specifically
required by the Supplementary Conditions:
3, include expenses incurred in the repair or replacement of any insured property
(including but not limited to fees and charges of engineers and architects);
4, cover materials and equipment stored at the Site or at another location that was
agreed to in writing by OWNER prior to being incorporated in the Work, provided
that such materials and equipment have been. included in an Application for
Payment recommended by ENGINEER; and
5. allow for partial utilization of the Work by OWNER;
6, include testing and startup; and
7. be maintained in effect until final payment is made unless otherwise agreed to in
writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to
each other additional insured to whom a certificate of insurance has been issued.
B. CONTRACTOR shall be responsible for any deductible or self-insured retention.
C. The policies of insurance required to be purchased and maintained by CONTRACTOR
in accordance with this paragraph SC -5.06 shall comply with the requirements of
paragraph 5.06.0 of the General Conditions.
SC -5.06.E Delete paragraph GC -5.06.E in its entirety and insert the following in its place:
E. Additional Insureds:
1. The following individuals or entities shall be listed as "additional insureds" on the
CONTRACTOR's property insurance policies:
a. Indian River County, Florida
b. NONE
C,
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SC -5.07 Waiver of Rights
SC -5.07 Delete GC -5.07 (paragraphs A, B, and C) in its entirety.
SC -5.08 Receipt and Application of Insurance Proceeds
SC -5.08 Delete GC -5.08 (paragraphs A and B) in its entirety.
SC -5.09 Acceptance of Bonds and Insurance; Option to Replace
SC -5.09 Delete GC -5.09 (paragraph A) in its entirety.
SC -6.02 Labor; Working Hours
SC -6.02.13. Add the following paragraphs immediately after paragraph GC -6.02. B:
1. Regular working hours are defined as Monday through Friday, excluding Indian
River County Holidays, from 7 a.m. to 5 p.m.
2. Indian River County Holidays are: New Year's Day, Good Friday, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, Christmas Eve and Christmas Day. Working on these days will
not be permitted without prior written permission and approval from the Engineer.
3, The CONTRACTOR shall receive no additional compensation for overtime work,
i.e., work in excess of eight hours in any one calendar day or 40 hours in any one
calendar week, even though such overtime work may be required under
emergency conditions and may be ordered by the ENGINEER in writing.
4. All costs of inspection and testing performed during overtime work by the
CONTRACTOR, which is allowed solely for the convenience of the
CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the
OWNER to deduct the costs of all such inspection and testing from .any
payments otherwise due the CONTRACTOR.
5. All costs of OWNER Is employees and costs of ENGINEER's Consultant resulting
from overtime work by the CONTRACTOR, which is allowed solely for the
convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a
credit given to OWNER to deduct all such costs from any payments otherwise
due the CONTRACTOR.
6. No work shall commence before 7 a.m. or continue after 7 p.m. except in case of
emergency upon specific permission of the ENGINEER.
SC -6.06 Concerning Subcontractors, Suppliers, and Others
SC -6.06.C. Add the following sentence at the end of paragraph GC -6.06.C:
OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or
entity, to the extent practicable, information about amounts paid to CONTRACTOR on
account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or
other individual or entity.
SC -6.08 Permits
SC -6.08 Add the following paragraphs immediately after paragraph GC -6.08.A:
B. The OWNER has obtained the following permits (copies of these permits are
contained in Appendix "A"):
1. St. Johns River Water Management District
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2. Indian River Farms Water Control District
3. Department of the Army Corps of Engineers
C. The CONTRACTOR shall obtain and pay for all other required permits and
licenses. The CONTRACTOR shall provide copies of the permits to the
OWNER and ENGINEER and shall comply with all conditions contained in
the permits at no extra cost to the OWNER.
D. The CONTRACTOR shall be familiar with all permit requirements during
construction and shall be responsible for complying with these
requirements. The cost of this effort shall be included in the pay item in
which the work is most closely associated with.
SC -6.10 Taxes
SC -6.10.A Delete paragraph GC -6.10.A in its entirety and insert the following in its place:
OWNER qualifies. for state -and -local sales -tax exemption in the purchase of. all -mat eria! and
equipment
SC -13.03 Test and Inspections
SC -13.03.8. Delete the first sentence of paragraph GC -13.03.8 in its entirety, and insert the
following sentences in its place:
B. OWNER shall employ and pay for the services of an independent testing laboratory to
perform all initial inspections, tests, or approvals required by the Contract Documents
except those inspections, tests, or approvals listed immediately below. Subsequent
inspections, tests, or approvals required after initial failing inspections, tests, or
approvals shall be paid for by the CONTRACTOR by backcharge to subsequent
.applications for payment. The CONTRACTOR shall arrange, obtain, and pay for the
following inspections, tests, or approvals:
1. inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D
below;
2, costs incurred in connection with tests or inspections conducted pursuant to
paragraph 13.04.8 shall be paid as provided in said paragraph 13.04.8;
3* tests otherwise specifically provided in the Contract Documents.
13.05 OWNER May Stop the Work
SC -13.05.A. Delete paragraph GC -13.05.A in its entirety and insert the following paragraph in its
place:
A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled
workers or suitable materials or equipment, or fails to comply with permit
requirements, or fails to comply with the technical specifications, or fails to
perform the Work in such a way that the completed Work will conform to the
Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any
portion thereof, until the cause for such order has been eliminated; however, this
right of OWNER to stop the Work shall not give rise to any duty on the part of
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OWNER to exercise this right for the benefit of CONTRACTOR, any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or
employee or agent of any of them.
14.02 Progress Payments
SC -14.02.B.5. Delete paragraph GC44.02.8.5.d in its entirety and insert the following paragraph
in its place:
d. ENGINEER has actual knowledge of the occurrence of any of the events
enumerated in paragraph 15.02.A; or
SC -14.02.13.5. Add the following sentences at the end of paragraph GC -14.02.8.5:
e. OWNER has been required to pay ENGINEER or ENGINEER's Consultant
additional compensation because of CONTRACTOR delays or rejection of
defective Work; or
f. OWNER has been required to pay an independent testing laboratory for
subsequent inspections, tests, or approvals taken after initial failing
inspections, tests, or approvals.
SC -14.02.C.1. Delete paragraph GC -14.02. C.1 in its entirety and insert the following
paragraph in its place:
C. Payment Becomes Due
1. Payment shall be made by .OWNER to CONTRACTOR according to the Local
Government Prompt Payment Act. F.S.218.70 et. seq.
14.04 Substantial Completion
SC -14.04A. After the third sentence in paragraph GC -14.04A of the General Conditions,
delete the remainder of paragraph 14.04A in its entirety and replace with the following:
"If Engineer considers the Work substantially complete, Engineer will prepare
and deliver to Owner a tentative certificate of Substantial Completion that shall fix
the date of Substantial Completion. In accordance with the provisions of Florida
Statutes section 208.735(7)(a)(2005), upon receipt of the tentative certificate of
Substantial Completion from Engineer, the Owner, the Engineer, and the
Contractor shall conduct a walk-through inspection of the Project to document a
list of any items required to render the Work on the Project complete,
satisfactory, and acceptable under this Agreement (herein the "Statutory List").
The Statutory List shall be reduced to writing and circulated among the Owner,
the Engineer, and the Contractor by the Owner or the Engineer within 30
calendar days after substantial completion.. The Owner and Contractor
acknowledge and agree that: 1) the failure to include any corrective work, or
pending items that are not yet completed, on the Statutory List does not alter the
responsibility of the Contractor to complete all of the Work under this Agreement;
2) upon completion of all items on the Statutory List, the Contractor may submit a
pay request for all remaining retainage except as otherwise set forth in this
Agreement; and 3) any and all items that require correction under this Agreement
and that are identified after the preparation of the Statutory List remain the
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obligation of the Contractor to complete to the Owner's satisfaction under this
Agreement. After receipt of the Statutory List by the Contractor, the Contractor
acknowledges and agrees that it will diligently proceed to complete all items on
the Statutory List and schedule a final walk-through in anticipation of final
completion on the Project."
SC -14.0413 Add the following new paragraph immediately after paragraph GC 14.046:
C. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written recommendation as to division of responsibilities
pending final payment between Owner and Contractor with respect to security, operation,
safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and
guarantees.
SC -14.07 Final Payment
SC -14.07 Delete GC -14.07 (paragraph C) in its entirety and insert the following paragraph in its
place:
C. Payment Becomes Due
1. Payment shall be made by OWNER to CONTRACTOR according to the Local
Government Prompt Payment Act. F.S.218.70 et. seq.
SC - 15.01 OWNER May Suspend Work
SC -15.01 Delete second sentence under GC -15.01 (paragraph A) in its entirety.
SC 15.04 CONTRACTOR May Stop Work or Terminate
SCA 5.04 Delete GC -15.04 (paragraph A) in its entirety and insert the following paragraph in its
place:
A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90
consecutive days by OWNER or under an order of court or other public authority, or
ENGINEER fails to act on any Application for Payment within 30 days after it is submitted,
then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER,
and provided OWNER or ENGINEER do not remedy such suspension or failure within that
time, terminate the Contract and recover from OWNER payment on the same terms as
provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to
any other right or remedy, if ENGINEER has failed to act .on an Application for Payment
within 30 days after it is submitted, CONTRACTOR may, seven days after written notice
to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due
CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not
intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an
adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly
attributable to CONTRACTOR's stopping the Work as permitted by this paragraph.
SC -16 DISPUTE RESOLUTION
SC -16.02 Mediation
SC -16 Add the following new paragraph immediately after paragraph GC -16.01.
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SC -16.02 Mediation
A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled
Claims or counterclaims, disputes, or other matters in question between them
arising out of or relating to the Contract Documents or the breach thereof, to
mediation by a certified mediator of the 19th Judicial Circuit in Indian River County
unless delay in initiating arbitration would irrevocably prejudice one of the parties.
The mediator of any dispute submitted to mediation under this agreement shall not
serve as arbitrator of such dispute unless otherwise agreed.
SC -17 Miscellaneous
Add the following new paragraphs immediately after paragraph GC17.05:
SC -17.06 Liens
A. This project is a "Public Works" under Chapter 255, Florida Statutes. No
merchant's liens may be filed against the OWNER. Any claimant may apply to
the OWNER for a copy of this Contract. The claimant shall have a right of action
against the CONTRACTOR for the amount due him. Such action shall not
involve the OWNER in any expense. Claims against the CONTRACTOR are
subject to timely prior notice to the CONTRACTOR as specified in Florida
Statutes Section 255.05. The CONTRACTOR shall insert the following
paragraph in all subcontracts hereunder:
"Notice: Claims for labor, materials and supplies are not assessable against
Indian River County and are subject to proper prior notice to (CONTRACTOR'S
Name) and to (CONTRACTOR Surety Company Name) pursuant to Chapter
255 of the Florida Statutes. This paragraph shall be inserted in every sub -
subcontract hereunder." The payment due under the Contract shall be paid by
the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished
the OWNER with an affidavit stating that all persons, firms or corporations who
are defined in Section 713.01, Florida Statutes, who have furnished labor or
materials, employed directly or indirectly in the Work, have been paid in full. The
OWNER may rely on said affidavit at face value. The CONTRACTOR does
hereby release, remiss and quit -claim any and all rights he may enjoy perfecting
any lien or any other type of statutory common law or equitable lien against the
job.
++END OF SUPPLEMENTARY CONDITIONS++
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SECTION 00942 - Change Order Form
DATE OF ISSUANCE:
OWNER: Indian River County
CONTRACTOR
Contract:
Project:
OWNER's
EFFECTIVE DATE:
Contract No.
tN(jINttK's l:onirac[ No.
ENGINEER Indian River County
You are directed to make the following changes in the Contract Documents:
Description:
Reason for Change Order:
Attachments: (List documents supporting change)
CHANGE IN CONTRACT PRICE:
Description Amount
Original Contract Price $
Net Increase (Decrease) from $
previous Change Orders No.
to
Contract Price prior to this $
Change Order:
Net increase (decrease) of this $
Change Order:
Contract Price with all approved $
Change Orders:
ACCEPTED:
By:
CO
Date:
RACTOR
CHANGE IN CONTRACT TIMES
Description Time
Original Contract Time: (days or dates)
Substantial Completion:
Final Completion:
Net change from previous Change
Orders No. to (days)
Substantial Completion:
Final Completion:
Contract Time prior to this Change
Order: (days or dates)
Substantial Completion:
Final Com letion:
Net increase (decrease) this
Change Order: (days or dates)
Substantial Completion:
Final Completion:
Contract Time with all approved
Change Orders: I (days or dates)
Substantial Completion:
Final Completion:
RECOMMENDED:
By:
ENGINEER (Signature)
Date:
APPROVED:
By:
OWNER (Signature)
Date:
00942 - Change Order Form REV 04-07
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SECTION 00946 = Field Order Form
DATE OF ISSUANCE:
OWNER: Indian River County
CONTRACTOR
Contract
Project:
OWNER's Contract
Field Change No.:
EFFECTIVE DATE:
No. ENGINttK's contract No. _
ENGINEER: Indian River County
Field Activity Description:
Reason for Change:
Recommended Disposition:
Field Operations Officer/ Engineer (Signature)
Disposition:
Contractor's Onsite Supervisor (Signature)
Distribution: Field Operations Officer Others as Required:
On-site Supervisor
Project File
* * END OF SECTION
Date
Date
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SECTION 00948 - Work Change Directive
No,
EFFECTIVE DATE:
DATE OF ISSUANCE:
OWNER: Indian River County
CONTRACTOR:
Contract:
Project: 5 Street SW / 43d Avenue Brid,
OWNER's Contract No. 2008XXXXX
ENGINEER: Indian River County
ENGINEER's Contract No.
You are directed to proceed promptly with the following changes:
Description:
Purpose of Work Change Directive:
Attachments: (List documents supporting change)
If OWNER or CONTRACTOR believe that the above change has affected Contract Price any
Claim for a Change Order based thereon will involve one or more of the following methods as
defined in the Contract Documents.
Method of determining change in
Contract Prices:
❑ Unit Prices
Lump Sum
II Other:
II By Change Order:
Estimated increase (decrease) in Contract Price:
If the change involves an increase, the estimated
amount is not to be exceeded without further
authorization.
RECOMMENDED:
By:
ENGINEER (Authorized Signature)
Date:
Method of determining change in
Contract Times
II Contractor's Records
II Engineer's Records
II Other:
II By Change Order:
Estimated increase (decrease) in Contract Times:
Substantial Completion: days;
Ready for Final Completion: days.
If the change involves an increase, the estimated
time is not to be exceeded without further
authorization.
AUTHORIZED:
By:
OWNER
Date:
* * END OF SECTION * *
Signature
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