HomeMy WebLinkAbout2008-307D SECTION 00520 - Agreement ( Public Works )
TABLE OF CONTENTS
Title Paqe
ARTICLE1 - WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE 2 - THE PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 2
ARTICLE3 - ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE4 - CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . .
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ARTICLE5 - CONTRACT PRICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . I . . . 4646 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE6 - PAYMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 0 . . . . . . . 444 . . . 3
ARTICLE 7 - INDEMNIFICATION . 1 0 0 1 1 . . 6 . I I I . . . . . . . . . . . . . . . 00 * 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . I I I I I I . I . I I I I I I . 0 0 0 0 0 5
ARTICLE 8 - CONTRACTOR' S REPRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . .
. . . . . . . . . . 5
ARTICLE9 - CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . I . , . . . . . . . . . . . . 7
ARTICLE 10 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . " I ' ll . . . . . . . . . 8
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TABLE OF CONTENTS
Title
Page
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . 2
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1 . 01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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1 . 02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE 2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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2 . 01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . .
2 . 02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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2 . 03 Commencement of Contract Times; Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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2 . 04 Starting the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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2 . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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2 . 06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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2 . 07 Initial Acceptance of Schedules . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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3 . 03 Reporting and Resolving Discrepancies , I . . . . . . . . . . III * . . . . . . . . I . . . V . . . . . . . I . . . . . . . . . . . . . . . . . .
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3 . 04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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3 . 05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE
POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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4 . 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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4 . 02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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4 . 03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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4 . 05 Reference Points . . , , . , . , . . . . . . I . , . . . . . . . . . . 6 . . . . . IV . . . 1 2
4 . 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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5 . 01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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5 . 03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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5 . 04 CONTRACTOR 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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5 . 05 0WNER 's Liability Insurance . . . . . . . . . . . I . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P 1
2
5 . 06 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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5 . 07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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5 . 08 Receipt and Application of insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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5 . 09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . . . . I . . . . . . I . . . . . . . . . . . . . . . . . . . . . .
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5 . 10 Partial Utilization, Acknowledgment of PropertyInsurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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6 . 01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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6 . 02 Labor; Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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6 . 03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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6 . 04 Progress Schedule . . . , , . . . . . . . . . If . . . . 00 % . . @ . . . 0 . . . . . . . . . . . . . . . V . . . I . . . . . . . . 11 . . . . . .
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6 . 05 Substitutes and "Or-Equals ", , . , . . . I . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . .
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6 . 07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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6 . 08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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6 . 09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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6 . 10 Taxes , . . . . . . . . . . . . I . . . . . . . . . a . . . . . . . " I . . . . . . . . . . . . . as . . . sales . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . 00 . . . . . * . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . 2
6 . 11 Use of Site and Other Areas . . . . . . . . . . . . I . , . . . . . . a . , . . . . 4 W . . . . . . I . . a . . . . . . . . . . . .
. . . . . . a . . 1 . 1 . . 1 . 1 . . . . . . 0 . . . 1 . 0 . . . . 6 . . . . . . . . . . . . . . . . . . . . 2
6 . 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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6 . 14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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6 . 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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6 . 16 Emergencies . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . I . . . . . . . . . . . . . . . . ... . . a ' s . . . . . . . % . . . . . . . . . .
. . . . . . . . . . . . . . . . . I . . . . . . . . . . loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
6 . 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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6 . 18 Continuing the Work " . . . . V . , . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . " ' . . 0 . . . I . . . . . . . . . . . . . . . . . 2
6 . 19 CONTRACTOR 's General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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6 . 20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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5
ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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7 . 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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7 . 02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE8 - OWNER' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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8 . 01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
8 . 02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
8. 03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
8 . 04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
8 . 05 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
8 . 06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 . 07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . _. . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
8 . 08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
8 . 09 Limitations on OWNER 's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 2
8 . 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE 9 as ENGINEER' S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 2
9 . 01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' a . . * . . . . . . so . . . . . . . . . . . . . . . . .
. sea . . . . . . 1 . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
9 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
9 . 03 Project Representative . . . . . . . . . . . . . . also , , . . . I . . . . . . l . * o4 . Fo . . . so . * * . . . . . . . . . . . . . . . . I . ,
. . . . . . . I . . . 10 , . . . 0 . 1 . . . . . P . . . . . . . I . . . . . . . . . . . . . . . . * P . 2
9 . 04 Clarifications and Interpretations , . . . . . . . . . . 4 . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
9 . 05 Authorized Variations in Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
9 . 06 Rejecting Defective Work . . . . . . . . . . . . . . . . P . . . . . . . . 1 " . . , . . . . . . . . . . . . . s . . . . . . . . a . . a . 0
. 0 . . . . . . . 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P2
9 . 07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
9 . 10 Limitations on ENGINEER 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 2
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
10 . 01 Authorized Changes in the Works . . . . , . . . . . . . . I . . . . . . . . . . . . . . . . . . 6 . . . . . . . 0 . . . . . . . . . . . . . .
. . . . . . . . . & . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . b . . . 2
10 . 02 Unauthorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
10 . 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
10 . 04 Notification to Surety . . . . . . . . . . . . . . . . I . . . . I . , . . . . . I . , . . . . . . . * . . * . . . . . . . . . . . 11 . . . . .
. . . . . . . . a . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
10 . 05 Claims and Disputes . . . . . I 1 1 . 1 . 1 1 . . . . . . . . . . . . . . . . . . so . m . a . . 16 . . . . . . . . . a . . . . . . . . . . . .
I . . . . . . ... . We . as . 1 ; . . . . . . . . . . losses ' s . . . . . as . I . . . . . . . . ' . . 2
ARTICLE 11 as COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . .
. . . . . . . 2
11 . 01 Cost of the Work. . . . . 11 . . . sales . . . sales , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . 2
11 . 02 Cash Allowances . . . . . I . I . I I . . . . . . . . . . . 6 6 . . . . a . . . 0 . . . . a I I I . I . . . I . P b . . .
0 . . I . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . P , . 2
11 . 03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 2
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1 2 . 01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
12 . 02 Change of Contract Times . . , . . . . . . I . . . . . . . . . . . . . P . . . . . . . . . . . . . . . . . . I . . " . . . . I . . . . . . .
. . . . . . 1 , . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . .2
1 2 . 03 Delays Beyond CONTRACTOR 's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
12 . 04 Delays Within CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
12 . 06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF
DEFECTIVEWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
13 . 01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
13 . 02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
13 . 03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
13 . 04 Uncovering Work . . , . . . . . I . , . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . I . . I . . . . . . M I .
I . b . I . . I . . . . . . . . . . . . I I . . I . . . . . . . . . I I I . . . . . . . . . . . . . . 1 .2
13 . 05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
13 . 07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
13 . 08 Acceptance of Defective Work, , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . .
. . . . . P . , . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . .2
13 . 09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
I i
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 2
14 . 01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
14 . 02 Progress Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
14 . 03 CONTRACTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
14 . 04 Substantial Completion . . . . . . . . " I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
14 . 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
14 . 06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
14 . 07 Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
14 . 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
15 . 01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
15 . 02 OWNER May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
15 . 03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
15 . 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
16 . 01 Methods and Procedures . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . .
. . . . . q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE 17 - MISCELLANEOUS . . . , . , . . . . . . . . . . . . . . I . . . .
17 .01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
17 . 02 Computation of Times . . . , . . , . . . . . . . . . . . . . . P . 011 . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . * . . . . . . M . . . . . . . . . . ' . . . . 2
17 . 03 Cumulative Remedies , . I . I . . I I I . . I . 0 . . . . . . . . . . . ' . . M . . . . . . . I . . . . . . . . . . 0 W . . . . . . . M . .
. . . . I . . . . . I . . . . 0 . . . . . 0 . . . . . . . . . . I 1 2
17 . 04 Survival of Obligations . . , . , . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 . 1 . . . . M . . . . . I . , . * . . . . 2
17 . 05 Controlling Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
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GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . Claim--A demand or assertion by
OWNER or CONTRACTOR seeking an adjustment of
Contract Price or Contract Times , or both , or other
1 . 01 Defined Terms relief with respect to the terms of the Contract . A
demand for money or services by a third party is not a
A . Wherever used in the Contract Documents Claim .
and printed with initial or all capital letters , the terms
listed below will have the meanings indicated which 11 . Contract--The entire and ' integrated
are applicable to both the singular and plural thereof. written agreement between the OWNER and
CONTRACTOR concerning the Work . The Contract
1 . Addenda--Written or graphic instruments supersedes prior negotiations , representations , or
issued prior to the opening of Bids which clarify, agreements , whether written or oral .
correct, or change the Bidding Requirements or the
Contract Documents . 12 . Contract Documents--The Contract
Documents establish the rights and obligations of the
2 . Agreement--The written instrument which parties and include the Agreement , Addenda (which
is evidence of the agreement between OWNER and pertain to the Contract Documents ) , CONTRACTOR's
CONTRACTOR covering the Work . Bid (including documentation accompanying the Bid
and any post Bid documentation submitted prior to the
3 . Application for Payment--The form Notice of Award ) when attached as an exhibit to the
acceptable to ENGINEER which is to be used by Agreement , the Notice to Proceed , the Bonds
, these
CONTRACTOR during the course of the Work in General Conditions , the Supplementary Conditions ,
requesting progress or final payments and which is to the Specifications and the Drawings as the same are
be accompanied by such supporting documentation more specifically identified in the Agreement , together
as is required by the Contract Documents , with all Written Amendments , Change Orders , Work
Change Directives , Field Orders , and ENGINEER ' s
4 . Asbestos—Any material that contains written interpretations and clarifications issued on or
more than one percent asbestos and is friable or is after the Effective Date of the Agreement. Approved
releasing asbestos fibers into the air .above current Shop Drawings and the reports and drawings of
action levels established by the United States Occupa- subsurface and physical conditions are not Contract
tional Safety and Health Administration . Documents . Only printed or hard copies of the items
listed in this paragraph are Contract Documents . Files
5 . Bid--The offer or proposal of a bidder in electronic media format of text, data , graphics ,
and
submitted on the prescribed form setting forth the the like that may be furnished by OWNER to
prices for the Work to be performed . CONTRACTOR are not Contract Documents .
6 . Bidding Documents—The Bidding 13 . Contract Price--The moneys payable by
Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the
( including all Addenda issued prior to receipt of Bids ) . Work in accordance with the Contract Documents as
stated in the Agreement (subject to the provisions of
7 . Bidding Requirements--The paragraph 11 . 03 in the case of Unit Price Work ) .
Advertisement or Invitation to Bid , Instructions to
Bidders , Bid security form , if any, and the Bid form 14 . Contract Times--The number of days
or
with any supplements . the dates stated in the Agreement to : ( i ) achieve
Substantial Completion ; and ( ii ) complete the Work so
8 . Bonds--Performance and payment bonds that it is ready for final payment as evidenced by
and other instruments of security . ENGINEER' s written recommendation of final pay-
ment .
9 . Change Order—A document recommend
ed by ENGINEER which is signed by CONTRACTOR 15 . CONTRACTOR--The individual or entity
and OWNER and authorizes an addition , deletion , or with whom OWNER has entered into the Agreement.
revision in the Work or an adjustment in the Contract
Price or the Contract Times , issued on or after the 16 . Cost of the Work--See paragraph 11 . 01 .A
Effective Date of the Agreement. for definition .
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17 . Drawings--That part of the Contract completion date or time prior to Substantial Comple-
Documents prepared or approved by ENGINEER tion of all the Work .
which graphically shows the scope , extent , and
character of the Work to be performed by 28 . Notice of Award--The written notice by
CONTRACTOR . Shop Drawings and other OWNER to the apparent successful bidder stating that
CONTRACTOR submittals are not Drawings as so upon timely compliance by the apparent successful
defined , bidder with the conditions precedent listed therein ,
OWNER will sign and deliver the Agreement.
18 . Effective Date of the Agreement--The
date indicated in the Agreement on which it becomes 29 . Notice to Proceed--A written notice given
effective , but if no such date is indicated , it means the by OWNER to CONTRACTOR fixing the date
on
date on which the Agreement is signed and delivered which the Contract Times will commence to run and
by the last of the two parties to sign and deliver . on which CONTRACTOR shall start to perform the
Work under the Contract Documents .
19 . ENGINEER--The individual or entity
named as such in the Agreement. 30 . OWNER—The individual , entity, public
body, or authority with whom CONTRACTOR has
20 . ENGINEER 's Consultant--An individual or entered into the Agreement and for whom the Work is
entity having a contract with ENGINEER to furnish to be performed ,
services as ENGINEER' s independent professional
associate or consultant with respect to the Project and 31 . Partial Utilization--Use by OWNER of a
who is identified as such in the Supplementary substantially completed part of the Work for the pur-
Conditions . pose for which it is intended ( or a related purpose )
prior to Substantial Completion of all the Work .
21 . Field Order--A written order issued by
ENGINEER which requires minor changes in the 32 . PCBs--Polychlorinated biphenyls .
Work but which does not involve a change in the
Contract Price or the Contract Times , 33 . Petroleum--Petroleum , including crude oil
or any fraction thereof which is liquid at standard
22 . General Requirements—Sections of conditions of temperature and pressure ( 60 degrees
Division 1 of the Specifications . The General Fahrenheit and 14 . 7 pounds per square inch
Requirements pertain to all sections of the Specifica- absolute ) , such as oil , petroleum , fuel oil , oil sludge
, oil
tions . refuse , gasoline , kerosene , and oil mixed with other
non-Hazardous Waste and crude oils .
23 . Hazardous Environmental Condition--The
presence at the Site of Asbestos , PCBs , Petroleum , 34 . Project--The total construction of which
Hazardous Waste , or Radioactive Material in such the Work to be performed under the Contract
quantities or circumstances that may present a Documents may be the whole , or a part as may be
substantial danger to persons or property exposed indicated elsewhere in the Contract Documents . t
thereto in connection with the Work .
35 . Project Manual--The bound documentary
24 . Hazardous Waste —The term Hazardous information prepared for bidding and constructing the
Waste shall have the meaning provided in Section Work . A listing of the contents of the Project
Manual ,
1004 of the Solid Waste Disposal Act ( 42 USC which may be bound in one or more volumes , is
Section 6903 ) as amended from time to time . contained in the table ( s ) of contents .
25 . Laws and Regulations; Laws or Regulat- 36 . Radioactive Material--Source , special
ions--Any and all applicable laws , rules , regulations , nuclear, or byproduct material as defined by the
ordinances , codes , and orders of any and all govern - Atomic Energy Act of 1954 (42 USC Section 2011
et
mental bodies , agencies , authorities , and courts seq . ) as amended from time to time .
having jurisdiction .
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 . 47 . Unit Price Work--Work to be paid for on
the basis of unit prices .
39 . Shop Drawings--All drawings , diagrams ,
illustrations , schedules , and other data or information 48 . Work—The entire completed construction
which are specifically prepared or assembled by or for or the various separately identifiable parts thereof re-
CONTRACTOR and submitted by CONTRACTOR to quired to be provided under the Contract Documents .
illustrate some portion of the Work . Work includes and is the result of performing or
providing all labor , services , and documentation
40 . Site--Lands or areas indicated in the necessary to produce such construction , and
Contract Documents as being furnished by OWNER furnishing , installing , and incorporating all materials
upon which the Work is to be performed , including and equipment into such construction , all as
required
rights -of-way and easements for access thereto , and by the Contract Documents .
such other lands furnished by OWNER which are
designated for the use of CONTRACTOR . 49 . Work Change Directive—A written
statement to CONTRACTOR issued on or after the
41 . Specifications—That part of the Contract Effective Date of the Agreement and signed by
Documents consisting of written technical descriptions OWNER and recommended by ENGINEER ordering
of materials , equipment, systems , standards , and an addition , deletion , or revision in the Work , or
workmanship as applied to the Work and certain responding to differing or unforeseen subsurface or
administrative details applicable thereto . physical conditions under which the Work is to be
performed or to emergencies . A Work Change
42 . Subcontractor—An individual or entity Directive will not change the Contract Price or the
having a direct contract with CONTRACTOR or with Contract Times but is evidence that the parties expect
any other Subcontractor for the performance of a part that the change ordered or documented by a Work
of the Work at the Site . Change Directive will be incorporated in a subse-
quently issued Change Order following negotiations by
43 . Substantial Completion--The time at the parties as to its effect, if any, on the Contract Price
which the Work ( or a specified part thereof) has or Contract Times .
progressed to the point where , in the opinion of
ENGINEER , the Work (or a specified part thereof) is 50 . Written Amendment--A written statement
sufficiently complete , in accordance with the Contract modifying the Contract Documents , signed by
Documents , so that the Work (or a specified part OWNER and CONTRACTOR on or after the Effective
thereof) can be utilized for the purposes for which it is Date of the Agreement and normally dealing with the
intended . The terms " substantially complete" and nonengineering or nontechnical rather than strictly
" substantially completed " as applied to all or part of the construction-related aspects of the Contract Docu-
Work refer to Substantial Completion thereof. ments .
44 . Supplementary Conditions--That part of 1 . 02 Terminology
the Contract Documents which amends or
supplements these General Conditions . A , Intent of Certain Terms or Adjectives
45 . Supplier—A manufacturer , fabricator , 1 . Whenever in the Contract Documents the
supplier , distributor , materialman , or vendor having a terms " as allowed , " " as approved , " or terms of like
direct contract with CONTRACTOR or with any effect or import are used , or the adjectives
Subcontractor to furnish materials or equipment to be itreasonable , 31 it suitable , acceptable , proper,
incorporated in the Work by CONTRACTOR or any "satisfactory, " or adjectives of like effect or import
Subcontractor . are used to describe an action or determination of
ENGINEER as to the Work, it is intended that such
46 . Underground Facilities—All underground action or determination will be solely to evaluate , in
pipelines , conduits , ducts , cables , wires , manholes , general , the completed Work for compliance with
vaults , tanks , tunnels , or other such facilities or the requirements of and information in the Contract
attachments , and any encasements containing such Documents and conformance with the design
facilities , including those that convey electricity, gases , concept of the completed Project as a functioning
steam , liquid petroleum products , telephone or other whole as shown or indicated in the Contract
communications , cable television , water , wastewater , Documents ( unless there is a specific statement
storm water , other liquids or chemicals , or traffic or indicating otherwise ) . The use of any such term
or
• other control systems . adjective shall not be effective to assign to ENGI -
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NEER any duty or authority to supervise or direct E . Unless stated otherwise in the Contract Docu-
the performance of the Work or any duty or ments , words or phrases which have a
well -known
authority to undertake responsibility contrary to the technical or construction industry or trade meaning are
provisions of paragraph 9 . 10 or any other provision used in the Contract Documents in accordance with
of the Contract Documents . such recognized meaning .
B . Day
ARTICLE 2 - PRELIMINARY MATTERS
1 . The word "day' shall constitute a
calendar day of 24 hours measured from
midnight to the next midnight . 2 . 01 Delivery of Bonds
C . Defective A . When CONTRACTOR delivers the executed
Agreements to OWNER , CONTRACTOR shall also
1 . The word " defective , " when modifying deliver to OWNER such Bonds as CONTRACTOR
the word "Work , " refers to Work that is may be required to furnish .
unsatisfactory, faulty, or deficient in that it does
not conform to the Contract Documents or does 2 . 02 Copies of Documents
not meet the requirements of any inspection ,
reference standard , test, or approval referred to A . OWNER shall furnish to CONTRACTOR up
in the Contract Documents , or has been to ten copies of the Contract Documents . Additional
damaged prior to ENGINEER's recom - copies will be furnished upon request at the cost of
mendation of final payment ( unless responsi- reproduction .
bility for the protection thereof has been
assumed by OWNER at Substantial 2 . 03 Commencement of Contract Times; Notice
Completion in accordance with paragraph to Proceed
14 . 04 or 14 . 05 ) .
A . The Contract Times will commence to run on
D . Furnish, Install, Perform, Provide the thirtieth day after the Effective Date of the Agree-
ment or, if a Notice to Proceed is given , on the day
1 . The word "furnish , " when used in indicated in the Notice to Proceed . A Notice to Pro-
connection with services , materials , or ceed may be given at any time within 30 days after the
equipment, shall mean to supply and deliver Effective Date of the Agreement. In no event will the
said services , materials , or equipment to the Contract Times commence to run later than the
Site ( or some other specified location ) ready for sixtieth day after the day of Bid opening or the thirtieth
use or installation and in usable or operable day after the Effective Date of the Agreement ,
condition . whichever date is earlier .
2 . The word " install , " when used in 2 . 04 Starting the Work
connection with services , materials , or
equipment , shall mean to put into use or place A . CONTRACTOR shall start to perform the
in final position said services , materials , or Work on the date when the Contract Times com-
equipment complete and ready for intended mence to run . No Work shall be done at the Site prior
use . to the date on which the Contract Times commence to
run .
3 . The words " perform " or " provide , "
when used in connection with services , 2 . 05 Before Starting Construction
materials , or equipment , shall mean to furnish
and install said services , materials , or A . CONTRACTOR 's Review of Contract Docu-
equipment complete and ready for intended ments: Before undertaking each part of the Work,
use . CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
4 . When "furnish , " " install , " " perform , " or figures therein and all applicable field measurements .
" provide " is not used in connection with services , CONTRACTOR shall promptly report in writing
to
materials , or equipment in a context clearly ENGINEER any conflict, error, ambiguity, or
requiring an obligation of CONTRACTOR, discrepancy which CONTRACTOR may discover and
" provide " is implied . 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 2 . 07 Initial Acceptance of Schedules
to OWNER or ENGINEER for failure to report any
conflict , error , ambiguity, or discrepancy in the A. Unless otherwise provided in the Contract
Contract Documents unless CONTRACTOR knew or Documents , at least ten days before submission of the
reasonably should have known thereof. first Application for Payment a conference attended by
CONTRACTOR , ENGINEER, and others as appropri-
B . Preliminary Schedules: Within ten days after ate will be held to review for acceptability to ENGI
-
the Effective Date of the Agreement ( unless otherwise NEER as provided below the schedules submitted in
specified in the General Requirements ) , CONTRAC- accordance with paragraph 2 . 05 . 13 . CONTRACTOR
TOR shall submit to ENGINEER for its timely review : shall have an additional ten days to make corrections
and adjustments and to complete and resubmit the
1 . a preliminary progress schedule schedules . No progress payment shall be made to
indicating the times ( numbers of days or dates ) CONTRACTOR until acceptable schedules are
for starting and completing the various stages submitted to ENGINEER .
of the Work, including any Milestones specified
in the Contract Documents ; 1 . The progress schedule will be
acceptable to ENGINEER if it provides an
2 . a preliminary schedule of Shop orderly progression of the Work to completion
Drawing and Sample submittals which will list within any specified Milestones and the
each required submittal and the times for sub- Contract Times . Such acceptance will not
mitting , reviewing , and processing such impose on ENGINEER responsibility for the
submittal ; and progress schedule , for sequencing , scheduling ,
or progress of the Work nor interfere with or
3 . a preliminary schedule of values for relieve CONTRACTOR from CONTRACTOR' s
all of the Work which includes quantities and full responsibility therefor.
prices of items which when added together
equal the Contract Price and subdivides the 2 . CONTRACTOR' s schedule of Shop
Work into component parts in sufficient detail to Drawing and Sample submittals will be
serve as the basis for progress payments acceptable to ENGINEER if it provides a
during performance of the Work . Such prices workable arrangement for reviewing and
will include an appropriate amount of overhead processing the required submittals .
and profit applicable to each item of Work .
3 . CONTRACTOR ' s schedule of values
G--�Eepseof a8e#sre -any aAle will be acceptable to ENGINEER as to form
the Site is started , CONTRACTOR and OWNE all and substance if it provides a reasonable
each deliver to the other , with cop,1P.1 o each allocation of the Contract Price to component
additional insured identified in t upplementary parts of the Work .
Conditions , certificates of urance (and other ARTICLE 3 - CONTRACT DOCUMENTS : INTENT ,
evidence of insurance Ich either of them or any AMENDING , REUSE
additional insur may reasonably request) which
CONTRA and OWNER respectively are
serdaase-W4h 3 . 01 Intent
' ste-a .
A. The Contract Documents are comple-
2 . 06 Preconstruction Conference mentary; what is called for by one is as binding as if
called for by all .
to run , but before any Work at the Site i a.rted , a B . It is the intent of the Contract Documents
to
conference attended by CONTRAC ENGINEER, describe a functionally complete Project (or part there-
and others as appropriate w' held to establish a of) to be constructed in accordance with the Contract
working understandin ong the parties as to the Documents . Any labor , documentation , services ,
Work and to di s the schedules referred to in para- materials , or equipment that may reasonably be
graph 2 . 0 , procedures for handling Shop Drawings inferred from the Contract Documents or from
an er submittals , processing Applications for prevailing custom or trade usage as being required to
GFdS . produce the intended result will be provided whether
or not specifically called for at no additional cost to
OWNER .
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C , Clarifications and interpretations of the failure to report any such conflict, error,
Contract Documents shall be issued by ENGINEER ambiguity, or discrepancy unless CON -
as provided in Article 9 . TRACTOR knew or reasonably should have
known thereof.
3 . 02 Reference Standards
B . Resolving Discrepancies
A . Standards, Specifications, Codes, Laws, and
Regulations 1 . Except as may be otherwise
specifically stated in the Contract Documents ,
1 . Reference to standards , specifica - the provisions of the Contract Documents shall
tions , manuals , or codes of any technical take precedence in resolving any conflict, error,
society, organization , or association , or to Laws ambiguity, or discrepancy between the
or Regulations , whether such reference be provisions of the Contract Documents and :
specific or by implication , shall mean the stan-
dard , specification , manual , code , or Laws or a . the provisions of any standard ,
Regulations in effect at the time of opening of specification , manual , code , or instruction
Bids ( or on the Effective Date of the Agreement (whether or not specifically incorporated by
if there were no Bids ) , except as may be reference in the Contract Documents ) ; or
otherwise specifically stated in the Contract
Documents , b . the provisions of any Laws or
Regulations applicable to the performance
2 . No provision of any such standard , of the Work ( unless such an interpretation of
specification , manual or code , or any instruction the provisions of the Contract Documents
of a Supplier shall be effective to change the would result in violation of such Law
or
duties or responsibilities of OWNER, Regulation ) .
CONTRACTOR, or ENGINEER , or any of their
subcontractors , consultants , agents , or employ- 3 . 04 Amending and Supplementing Contract
ees from those set forth in the Contract Documents
Documents , nor shall any such provision or
instruction be effective to assign to OWNER, A . The Contract Documents may be amended to
ENGINEER, or any of ENGINEER ' s provide for additions , deletions , and revisions in the
Consultants , agents , or employees any duty or Work or to modify the terms and conditions thereof in
authority to supervise or direct the performance one or more of the following ways : ( i ) a
Written
of the Work or any duty or authority to Amendment; ( ii ) a Change Order, or (iii ) a Work
undertake responsibility inconsistent with the Change Directive .
provisions of the Contract Documents .
B . The requirements of the Contract Documents
3 . 03 Reporting and Resolving Discrepancies may be supplemented , and minor variations and
deviations in the Work may be authorized , by one or
A. Reporting Discrepancies more of the following ways : ( i ) a Field Order; ( ii )
ENGINEER's approval of a Shop Drawing or Sample ,
1 . If, during the performance of the or ( iii ) ENGINEER's written interpretation or clarifi-
Work, CONTRACTOR discovers any conflict , cation .
error , ambiguity, or discrepancy within the Con-
tract Documents or between the Contract 3 . 05 Reuse of Documents
Documents and any provision of any Law or
Regulation applicable to the performance of the A . CONTRACTOR and any Subcontractor or
Work or of any standard , specification , manual Supplier or other individual or entity performing or
or code , or of any instruction of any Supplier, furnishing any of the Work under a direct or indirect
CONTRACTOR shall report it to ENGINEER in contract with OWNER : ( i ) shall not have or acquire
writing at once . CONTRACTOR shall not any title to or ownership rights in any of the Drawings ,
proceed with the Work affected thereby ( except Specifications , or other documents ( or copies of any
in an emergency as required by paragraph thereof) prepared by or bearing the seal of
6 . 16 .A) until an amendment or supplement to ENGINEER or ENGINEER' s Consultant , including
the Contract Documents has been issued by electronic media editions ; and ( ii ) shall not reuse
any
one of the methods indicated in paragraph of such Drawings , Specifications , other documents , or
3 . 04 ; provided , however, that CONTRACTOR copies thereof on extensions of the Project or any
shall not be liable to OWNER or ENGINEER for other project without written consent of OWNER and
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ENGINEER and specific written verification or Site (except Underground Facilities ) that ENGI -
adaption by ENGINEER . This prohibition will survive NEER has used in preparing the Contract
final payment , completion , and acceptance of the Documents .
Work , or termination or completion of the Contract .
Nothing herein shall preclude CONTRACTOR from B . Limited Reliance by CONTRACTOR on
retaining copies of the Contract Documents for record Technical Data Authorized: CONTRACTOR may rely
purposes . upon the general accuracy of the "technical data"
contained in such reports and drawings , but such
reports and drawings are not Contract Documents .
ARTICLE 4 - AVAILABILITY OF LANDS ; Such "technical data" is identified in the Supplementa-
SUBSURFACE AND PHYSICAL CONDITIONS ; ry Conditions . Except for such reliance on such
REFERENCE POINTS "technical data , " CONTRACTOR may not rely upon or
make any Claim against OWNER , ENGINEER , or any
of ENGINEER' s Consultants with respect to :
4 . 01 Availability of Lands
1 , the completeness of such reports
A . OWNER shall furnish the Site . OWNER shall and drawings for CONTRACTOR' s purposes ,
notify CONTRACTOR of any encumbrances or including , but not limited to , any aspects of the
restrictions not of general application but specifically means , methods , techniques , sequences , and
related to use of the Site with which CONTRACTOR procedures of construction to be employed by
must comply in performing the Work . OWNER will CONTRACTOR , and safety precautions and
obtain in a timely manner and pay for easements for programs incident thereto ; or
permanent structures or permanent changes in
existing facilities . If CONTRACTOR and OWNER are 2 . other data , interpretations , opinions ,
unable to agree on entitlement to or on the amount or and information contained in such reports or
extent, if any, of any adjustment in the Contract Price shown or indicated in such drawings ; or
or Contract Times , or both , as a result of any delay in
OWNER's furnishing the Site , CONTRACTOR may 3 . any CONTRACTOR interpretation of
make a Claim therefor as provided in paragraph or conclusion drawn from any "technical data"
10 . 05 . or any such other data , interpretations ,
opinions , or information .
B . Upon reasonable written request , OWNER
shall furnish CONTRACTOR with a current statement 4 . 03 Differing Subsurface or Physical Conditions
of record legal title and legal description of the lands
upon which the Work is to be performed and A. Notice : If CONTRACTOR believes that any
OWNER' s interest therein as necessary for giving subsurface or physical condition at or contiguous to
notice of or filing a mechanic's or construction lien the Site that is uncovered or revealed either :
against such lands in accordance with applicable
Laws and Regulations . 1 . is of such a nature as to establish
that any "technical data" on which CONTRAC-
C . CONTRACTOR shall provide for all additional TOR is entitled to rely as provided in paragraph
lands and access thereto that may be required for 4 . 02 is materially inaccurate ; or
temporary construction facilities or storage of
materials and equipment. 21 is of such a nature as to require a
change in the Contract Documents ; or
4 . 02 Subsurface and Physical Conditions
3 . differs materially from that shown or
A . Reports and Drawings : The Supplementary indicated in the Contract Documents ; or
Conditions identify:
4 . is of an unusual nature , and differs
1 . those reports of explorations and materially from conditions ordinarily
tests of subsurface conditions at or contiguous encountered and generally recognized as inher-
to the Site that ENGINEER has used in ent in work of the character provided for in the
preparing the Contract Documents ; and Contract Documents ;
2 . those drawings of physical then CONTRACTOR shall , promptly after becoming
conditions in or relating to existing surface or aware thereof and before further disturbing the
subsurface structures at or contiguous to the subsurface or physical conditions or performing any
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Work in connection therewith ( except in an emergency c . CONTRACTOR failed to give the
as required by paragraph 6 . 16 . A ) , notify OWNER and written notice within the time and as
re-
ENGINEER in writing about such condition . quired by paragraph 4 . 03 .A.
CONTRACTOR shall not further disturb such
condition or perform any Work in connection therewith 3 . If OWNER and CONTRACTOR are
(except as aforesaid ) until receipt of written order to do unable to agree on entitlement to or on
the
so . amount or extent, if any, of any adjustment in
the Contract Price or Contract Times , or both , a
B . ENGINEER 's Review: After receipt of written Claim may be made therefor as provided in
notice as required by paragraph 4 . 03 .A, ENGINEER paragraph 10 . 05 . However , OWNER,
will promptly review the pertinent condition , determine ENGINEER , and ENGINEER's Consultants
the necessity of OWNER ' s obtaining additional shall not be liable to CONTRACTOR for any
exploration or tests with respect thereto , and advise claims , costs , losses , or damages ( including
OWNER in writing (with a copy to CONTRACTOR) of but not limited to all fees and charges of
ENGINEER' s findings and conclusions . engineers , architects , attorneys , and other
professionals and all court or arbitration or other
C . Possible Price and Times Adjustments dispute resolution costs ) sustained by
CONTRACTOR on or in connection with any
1 . The Contract Price or the Contract other project or anticipated project.
Times , or both , will be equitably adjusted to the
extent that the existence of such differing 4 . 04 Underground Facilities
subsurface or physical condition causes an in -
crease or decrease in CONTRACTOR ' s cost A . Shown or Indicated. The information and data
of, or time required for, performance of the shown or indicated in the Contract Documents
with
Work ; subject, however , to the following : respect to existing Underground Facilities at or
contiguous to the Site is based on information and
a . such condition must meet any one or data furnished to OWNER or ENGINEER by the
more of the categories described in para- owners of such Underground Facilities , including
graph 4 . 03 . A ; and OWNER , or by others . Unless it is otherwise
expressly provided in the Supplementary Conditions :
b . with respect to Work that is paid for
on a Unit Price Basis , any adjustment in 1 . OWNER and ENGINEER shall not
Contract Price will be subject to the be responsible for the accuracy or com -
provisions of paragraphs 9 . 08 and 11 . 03 . pleteness of any such information or data ; and
2 . CONTRACTOR shall not be entitled 2 . the cost of all of the following will be
to any adjustment in the Contract Price or included in the Contract Price , and CONTRAC-
Contract Times if: TOR shall have full responsibility for :
a . CONTRACTOR knew of the a . reviewing and checking all such
existence of such conditions at the time information and data ,
CONTRACTOR made a final commitment
to OWNER in respect of Contract Price and b . locating all Underground Facilities
Contract Times by the submission of a Bid shown or indicated in the Contract
or becoming bound under a negotiated Documents ,
contract ; or
c . coordination of the Work with the
b . the existence of such condition could owners of such Underground Facilities ,
reasonably have been discovered or including OWNER , during construction , and
revealed as a result of any examination ,
investigation , exploration , test, or study of d . the safety and protection of all such
the Site and contiguous areas required by Underground Facilities and repairing any
the Bidding Requirements or Contract damage thereto resulting from the Work .
Documents to be conducted by or for CON-
TRACTOR prior to CONTRACTOR's B . Not Shown or Indicated
making such final commitment; or
1 . If an Underground Facility is
uncovered or revealed at or contiguous to the
007DO - General Conditions REV 04-07.doc
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FAEngineering\Special Projects\Eagle Trace Phase 2\Contract Documents\Eagle Trace Subdivision Phase ll\00700 - General Conditions REV 04-07.doc
Site which was not shown or indicated , or not property monuments by professionally qualified
shown or indicated with reasonable accuracy in personnel .
the Contract Documents , CONTRACTOR shall ,
promptly after becoming aware thereof and 4 . 06 Hazardous Environmental Condition at Site
before further disturbing conditions affected
thereby or performing any Work in connection A . Reports and Drawings: Reference is made to
therewith ( except in an emergency as required the Supplementary Conditions for the identification of
by paragraph 6 . 16 . A) , identify the owner of those reports and drawings relating to a Hazardous
such Underground Facility and give written Environmental Condition identified at the Site , if any,
notice to that owner and to OWNER and ENGI - that have been utilized by the ENGINEER in the
NEER . ENGINEER will promptly review the preparation of the Contract Documents .
Underground Facility and determine the extent ,
if any, to which a change is required in the B . Limited Reliance by CONTRACTOR on
Contract Documents to reflect and document Technical Data Authorized: CONTRACTOR may rely
the consequences of the existence or location upon the general accuracy of the "technical data"
of the Underground Facility. During such time , contained in such reports and drawings , but such
CONTRACTOR shall be responsible for the reports and drawings are not Contract Documents .
safety and protection of such Underground Such "technical data" is identified in the
Facility . Supplementary Conditions . Except for such reliance
on such " technical data , " CONTRACTOR may not rely
2 . If ENGINEER concludes that a upon or make any Claim against OWNER,
change in the Contract Documents is required , ENGINEER or any of ENGINEER' s Consultants with
a Work Change Directive or a Change Order respect to :
will be issued to reflect and document such
consequences . An equitable adjustment shall 1 . the completeness of such reports
be made in the Contract Price or Contract and drawings for CONTRACTOR' s . purposes ,
Times , or both , to the extent that they are including , but not limited to , any aspects
of the
attributable to the existence or location of any means , methods , techniques , sequences and
Underground Facility that was not shown or procedures of construction to be employed by
indicated or not shown or indicated with CONTRACTOR and safety precautions and
reasonable accuracy in the Contract programs incident thereto ; or
Documents and that CONTRACTOR did not
know of and could not reasonably have been 2 . other data , interpretations , opinions
expected to be aware of or to have anticipated . and information contained in such reports or
If OWNER and CONTRACTOR are unable to shown or indicated in such drawings ; or
agree on entitlement to or on the amount or
extent, if any, of any such adjustment in 3 . any CONTRACTOR interpretation of
Contract Price or Contract Times , OWNER or or conclusion drawn from any "technical data "
CONTRACTOR may make a Claim therefor as or any such other data , interpretations , opinions
provided in paragraph 10 . 05 . or information .
4 . 05 Reference Points C . CONTRACTOR shall not be responsible for
any Hazardous Environmental Condition uncovered or
A . OWNER shall provide engineering surveys to revealed at the Site which was not shown or indicated
establish reference points for construction which in in Drawings or Specifications or identified in the
ENGINEER' s judgment are necessary to enable Contract Documents to be within the scope of the
CONTRACTOR to proceed with the Work . CON - Work . CONTRACTOR shall be responsible for a
TRACTOR shall be responsible for laying out the Hazardous Environmental Condition created with any
Work , shall protect and preserve the established materials brought to the Site by CONTRACTOR ,
reference points and property monuments , and shall Subcontractors , Suppliers , or anyone else for whom
make no changes or relocations without the prior CONTRACTOR is responsible .
written approval of OWNER . CONTRACTOR shall
report to ENGINEER whenever any reference point or D . If CONTRACTOR encounters a Hazardous
property monument is lost or destroyed or requires Environmental Condition or if CONTRACTOR or
relocation because of necessary changes in grades or anyone for whom CONTRACTOR is responsible
locations , and shall be responsible for the accurate creates a Hazardous Environmental Condition ,
replacement or relocation of such reference points or CONTRACTOR shall immediately: ( i) secure or
otherwise isolate such condition ; ( ii ) stop all Work in
00700 - General Conditions REV 04-07.doc
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FAEngineering\Special Projects\Eagle Trace Phase 2\Contract Documents\Eagle Trace Subdivision Phase II\00700 - General Conditions REV 04-07.doc
connection with such condition and in any area by CONTRACTOR or by anyone for whom
affected thereby ( except in an emergency as required CONTRACTOR is responsible . Nothing in this para-
by paragraph 6 . 16 ) ; and ( iii ) notify OWNER and ENGI - graph 4 . 06 . E shall obligate OWNER to indemnify any
NEER (and promptly thereafter confirm such notice in individual or entity from and against the consequences
writing ) . OWNER shall promptly consult with of that individual ' s or entity' s own negligence .
ENGINEER concerning the necessity for OWNER to
retain a qualified expert to evaluate such condition or H , To the fullest extent permitted by Laws and
take corrective action , if any. Regulations , CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER' s
E . CONTRACTOR shall not be required to Consultants , and the officers , directors , partners ,
resume Work in connection with such condition or in employees , agents , other consultants , and
any affected area until after OWNER has obtained subcontractors of each and any of them from
and
any required permits related thereto and delivered to against all claims , costs , losses , and damages
CONTRACTOR written notice : ( i ) specifying that such ( including but not limited to ail fees and charges
of
condition and any affected area is or has been engineers , architects , attorneys , and other
rendered safe for the resumption of Work ; or ( ii ) professionals and all court or arbitration or other
specifying any special conditions under which such dispute resolution costs ) arising out of or relating to
a
Work may be resumed safely . If OWNER and Hazardous Environmental Condition created by
CONTRACTOR cannot agree as to entitlement to or CONTRACTOR or by anyone for whom
on the amount or extent , if any, of any adjustment in CONTRACTOR is responsible . Nothing in this
Contract Price or Contract Times , or both , as a result paragraph 4 . 06 . F shall obligate CONTRACTOR
to
of such Work stoppage or such special conditions indemnify any individual or entity from and against the
under which Work is agreed to be resumed by consequences of that individual ' s or entity' s own negli-
CONTRACTOR , either party may make a Claim gence .
therefor as provided in paragraph 10 , 05 .
i . The provisions of paragraphs 4 . 02 , 4 . 03 , and
F . If after receipt of such written notice 4 . 04 are not intended to apply to a Hazardous
CONTRACTOR does not agree to resume such Work Environmental Condition uncovered or revealed at the
based on a reasonable belief it is unsafe , or does not Site .
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 ARTICLE 5 - BONDS AND INSURANCE
deleted from the Work . If OWNER and CON -
TRACTOR cannot agree as to entitlement to or on the I J
amount or extent, if any, of an adjustment in Contract 5 . 01 Performance, Payment, and Other Bonds
Price or Contract Times as a result of deleting such
portion of the Work , then either party may make a o5 rQNlTR8QTQR Gha4--#161Faisl-i--per4er-maRGe
Claim therefor as provided in paragraph 10 . 05 . and payment Bonds , each in an amount at leas ual
OWNER may have such deleted portion of the Work to the Contract Price as security for the f ' ul perfor-
performed by OWNER Is own forces or others in mance and payment of all TRACTOR' s
accordance with Article 7 . obligations under the Contra ocuments . These
Bonds shall remain in e t at least until one year
G . To the fullest extent permitted by Laws and after the date wh inal payment becomes due ,
Regulations , OWNER shall indemnify and hold except as pro ' d otherwise by Laws or Regulations
harmless CONTRACTOR , Subcontractors , ENGI - or by the ntract Documents . CONTRACTOR shall
NEER , ENGINEER' s Consultants and the officers , als rnish such other Bonds as are required by the
directors , partners , employees , agents , other its .
consultants , and subcontractors of each and any of
them from and against all claims , costs , losses , and B . All Bonds shall be in the form prescribed
by
damages ( including but not limited to all fees and the Contract Documents except as provided otherwise
charges of engineers , architects , attorneys , and other by Laws or Regulations , and shall be executed
by
professionals and all court or arbitration or other such sureties as are named in the current list of " Com =
dispute resolution costs ) arising out of or relating to a panies Holding Certificates of Authority as Acceptable
Hazardous Environmental Condition , provided that Sureties on Federal Bonds and as Acceptable
such Hazardous Environmental Condition : ( i ) was not Reinsuring Companies" as published in Circular 570
shown or indicated in the Drawings or Specifications ( amended ) by the Financial Management Service ,
or identified in the Contract Documents to be included Surety Bond Branch , U . S . Department of the
within the scope of the Work , and ( ii ) was not created Treasury. All Bonds signed by an agent
must be
00700 - General Conditions REV 04.07 .doc
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accompanied by a certified copy of such agent' s
authority to act . 2 . claims for damages because of
bodily injury, occupational sickness or disease ,
C . If the surety on any Bond furnished by CON- or death of CONTRACTOR' s employees ;
TRACTOR is declared bankrupt or becomes insolvent
or its right to do business is terminated in any state 3 . claims for damages because of
where any part of the Project is located or it ceases to bodily injury, sickness or disease , or death
of
meet the requirements of paragraph 5 . 01 . 13 , any person other than CONTRACTOR ' s
CONTRACTOR shall within 20 days thereafter employees ;
substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs 4 , claims for damages insured by
5 . 01 . 13 and 5 . 02 . reasonably available personal injury liability
coverage which are sustained : ( i ) by any person
5 . 02 Licensed Sureties and Insurers as a result of an offense directly or indirectly
related to the employment of such person by
A. All Bonds and insurance required by the CONTRACTOR , or ( ii ) by any other person for
Contract Documents to be purchased and maintained any other reason ;
by OWNER or CONTRACTOR shall be obtained from
surety or insurance companies that are duly licensed 5 . claims for damages , other than to the
or authorized in the jurisdiction in which the Project is Work itself, because of injury to or destruction
located to issue Bonds or insurance policies for the of tangible property wherever located , including
limits and coverages so required . Such surety and loss of use resulting therefrom ; and
insurance companies shall also meet such additional
requirements and qualifications as may be provided in 6 . claims for damages because of
the Supplementary Conditions . bodily injury or death of any person or property
damage arising out of the ownership , mainte-
5 . 03 Certificates of Insurance - nance or use of any motor vehicle .
A . CONTRACTOR shall deliver to OWNER , with B . The policies of insurance so required by this
copies to each additional insured identified in the paragraph 5 . 04 to be purchased and maintained shall :
Supplementary Conditions , certificates of insurance
( and other evidence of insurance requested by OWN- 1 . with respect to insurance required by
ER or any other additional insured ) which CON - paragraphs 5 . 04 . A . 3 through 5 . 04 .A . 6 inclusive ,
TRACTOR is required to purchase and maintain . include as additional insureds ( subject to any
, ,n\o r: �i � -� l-dGli@f to �� customary exclusion in respect of professional
to each additional insured identifie e Supple- liability) OWNER , ENGINEER , ENGINEER' s
mentary Conditions , cert' of insurance ( and Consultants , and any other individuals or
other evidence rance requested by CONTRAC- entities identified in the Supplementary Condi-
TO y other additional insured ) which OWNER tions , all of whom shall be listed as additional
{ h insureds , and include coverage for the respec-
L officers , directors , partners , employees ,
5 . 04 CONTRACTOR 's Liability Insurance agents , and other consultants and
subcontractors of each and any of all such
A . CONTRACTOR shall purchase and maintain additional insureds , and the insurance afforded
such liability and other insurance as is appropriate for to these additional insureds shall provide
the Work being performed and as will provide primary coverage for all claims covered
protection from claims set forth below which may arise thereby;
out of or result from CONTRACTOR' s performance of
the Work and CONTRACTOR' s other obligations 2 . include at least the specific
under the Contract Documents , whether it is to be per- coverages and be written for not less than the
formed by CONTRACTOR , any Subcontractor or limits of liability provided in the Supplementary
Supplier, or by anyone directly or indirectly employed Conditions or required by Laws or Regulations ,
by any of them to perform any of the Work , or by whichever is greater ;
anyone for whose acts any of them may be liable :
3 , include completed operations
1 . claims under workers ' compensation , insurance ;
disability benefits , and other similar employee
benefit acts ;
OD700 - General Conditions REV 04-07 .doc
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F:\Engineering\Special Projects\Eagle Trace Phase 2\Contract DocumSubdMenislEagle Trace Subdivision Phase II\00700 - General Conditions REV 04-07.doc
4 . include contractual liability insurance € NQIN9ER�' 6— 9GRF7Wlt@Rts;—an
covering CONTRACTOR' s indemnity individuals or entities identified in e
obligations under paragraphs 6 . 07 , 6 . 11 , and Supplementary Conditions , and the off" rs ,
6 . 20 ; directors , partners , employees , agen , and
other consultants and subcontractor of each
5 . contain a provision or endorsement and any of them , each of whom is eemed to
that the coverage afforded will not be canceled , have an insurable interest and sh be listed as
materially changed or renewal refused until at an additional insured ;
least thirty days prior written notice has been
given to OWNER and CONTRACTOR and to 2 . be written on a B elder's Risk " all-risk"
each other additional insured identified in the or open peril or specia causes of loss
policy
Supplementary Conditions to whom a certificate form that shall at le t include insurance for
of insurance has been issued ( and the physical loss or da age to the Work, tempo-
certificates of insurance furnished by the CON - rary buildings , fa e work , and materials and
TRACTOR pursuant to paragraph 5 . 03 will so equipment in tr sit, and shall insure against at
provide ) ; least the foil ing perils or causes of loss : fire ,
lightning , ended coverage , theft , vandalism
6 . remain in effect at least until final and mal ' sous mischief, earthquake , collapse ,
payment and at all times thereafter when CON - debris emoval , demolition occasioned by en-
TRACTOR may be correcting , removing , or forc ent of Laws and Regulations , water
replacing defective Work in accordance with d age , and such other perils or causes of
paragraph 13 . 07 ; and ss as may be specifically required by the
7 . with respect to completed operations
insurance , and any insurance coverage written 3 . include expenses incurred in the
on a claims - made basis , remain in effect for at repa+i
least two years after final payment ( and GW4R9 1961t RGt 14FRk9ddes g#
CONTRACTOR shall furnish OWNER and a gineers and architects ) ;
each other additional insured identified in the
Supplementary Conditions , to whom a cover materials and equipment
certificate of insurance has been issued , store at the Site or at another location that was
evidence satisfactory to OWNER and any such agree to in writing by OWNER prior to being
additional insured of continuation of such incorpo ted in the Work , provided that such
insurance at final payment and one year materials and equipment have been included in
thereafter) . an Applic tion for Payment recommended by
ENGINEE
5 . 05 OWNER 's Liability Insurance
5 . allo for partial utilization of the Work
— I
A .mo„ -add :t ' +re by OWNER ;
provided by CONTRACTOR under par, 5 4
OWNER , at OWNER's option y purchase and 6 . include sting and startup ; and
maintain at OWNER' s se OWNER's own liability
insurance as protect OWNER against claims 7 . be maintai ed in effect until final pay-
e Caetrast ment is made unles otherwise agreed to in
writing by OWNER , CONTRACTOR, and
ENGINEER with 30 day written notice to each
5 . 06 Property Insurance other additional insured t whom a certificate of
mentary Conditions , OWNER shall purchaa d B-1�WK1 € D�b
maintain property insurance upon the Wo t the ite b (AeFand FeaG44P(er% lmsufa4seE)F additieRa4;Gp"
in the amount of the full replace cost th reof requil:ed by the SwpplemeRtaFy
( subject to such deductible ounts as m y be Qeaditiees er-l=awrs-and-Regwi@tie +G4-vAI iAA11 lde
provided in the Supplem ry Conditions or r quired ,
by Laws and Regula ' s ) . This insurance s Il . S+lbseetfiaster6 , ENGINEER,9NGIWF_= r�p ; QPBRE l-
tantG,and-aR¢-e 44r identified is
include the interests o OWNER , the—SeppleMeattary 999"
, Sub , yr-v�crr
00700 - General Conditions REV 04-07 .doc
00700 - 16
F:1Engineering\Special Projects\Eagle Trace Phase 2\Contra Documents\Eagle Trace Subdivision Phase II\00700 - General Conditions REV 04-07.doc
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5 . 08 Receipt and Application of Insurance 011d a 61-ta. , ge Grder shall be isstied to adjust the
Proceeds QGRtFaGt PFiGeaGGe4RgIy-.
A . ARY iR .Gyrtid less i A er he-9;; l9r,— A. , 5 . 10 Partial Utilization, Acknowledgment of
insurance required by paragraph 5 . 06 will be adjust e Property Insurer
with OWNER and made payable to OWNER as
fiduciary for the insureds , as their interests may A . If OWNER finds it necessary to occupy or use
appear, subject to the requirements of any ap icable a portion or portions of the Work prior to Substantial
mortgage clause and of paragraph 5 . 08 . 13 . WNER Completion of all the Work as provided in paragraph
shall deposit in a separate account any money so 14 . 05 , no such use or occupancy shall
commence
received and shall distribute it in accords ce with such before the insurers providing the property insurance
agreement as the parties in interest y reach . If no pursuant to paragraph 5 . 06 have acknowledged notice
other special agreement is reach the damaged thereof and in writing effected any changes in cover-
Work shall be repaired or replac d , the moneys so age necessitated thereby. The insurers providing the
received applied on account t reof, and the Work property insurance shall consent by endorsement on
and the cost thereof cover d by an appropriate the policy or policies , but the property insurance shall
Change Order or Written A ndment . not be canceled or permitted to lapse on account of
any such partial use or occupancy .
B . OWNER as fi ciary shall have power to
adjust and settle any I is with the insurers unless one
of the parties in inter st shall object in writing within 15 ARTICLE 6 - CONTRACTOR ' S RESPONSIBILITIES
days after the currence of loss to OWNER' s
exercise of this ower . if such objection be made ,
OWNER as fi uciary shall make settlement with the 6 . 01 Supervision and Superintendence
insurers in cordance with such agreement as the
parties in ' terest may reach . If no such agreement A . CONTRACTOR shall supervise , inspect, and
among e parties in interest is reached , OWNER as direct the Work competently and efficiently, devoting
fiduci shall adjust and settle the loss with the such attention thereto and applying such skills and
insu rs and , if required in writing by any party in expertise as may be necessary to perform the
Work in
in rest, OWNER as fiduciary shall give bond for the accordance with the Contract Documents . CON -
per
c dTRACTOR shall be solely responsible for the means ,
methods , techniques , sequences , and procedures of
5 . 09 Acceptance of Bonds and Insurance; Option construction , but CONTRACTOR shall not be
to Replace responsible for the negligence of OWNER or
ENGINEER in the design or specification of a specific
nr-r—if eitr ems,OWNER has a means , method , technique , sequence , or procedure of
objection to the coverage afforded by or other pr vi - construction which is shown or indicated in and
sions of the Bonds or insurance required be expressly required by the Contract Documents . CON-
purchased and maintained by the other party' accor- TRACTOR shall be responsible to see that the
dance with Article 5 on the basis of non -co ormance completed Work complies accurately with the Contract
with the Contract Documents , the objecti party shall Documents ,
so notify the other party in writing with ' 10 days after
receipt of the certificates ( or other evidence B . At all times during the progress of the Work ,
requested ) required by paragrap 2 . 05 . C . OWNER CONTRACTOR shall assign a competent resident
and CONTRACTOR shall eac provide to the other superintendent thereto who shall not be replaced
such additional information respect of insurance without written notice to OWNER and ENGINEER
provided as the other m reasonably request . If except under extraordinary circumstances . The
either party does not pu hase or maintain all of the superintendent will be CONTRACTOR' s
Bonds and insurance equired of such party by the representative at the Site and shall have authority
to
Contract Document such party shall notify the other act on behalf of CONTRACTOR . All communications
party in writing of ch failure to purchase prior to the given to or received from the superintendent shall
be
start of the Wor , or of such failure to maintain prior to binding on CONTRACTOR .
any change ' n the required coverage . Without
prejudice t ny other right or remedy, the other party 6 . 02 Labor; Working Hours
may elec to obtain equivalent Bonds or insurance to
protect . uch other party' s interests at the expense of A. CONTRACTOR shall provide competent ,
the rty who was required to provide such coverage , suitably qualified personnel to survey, lay out, and
construct the Work as required by the Contract Docu -
00700 - General Conditions REV 04-07.doc
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ments . CONTRACTOR shall at all times maintain ly will corn ply with any provisions of the General
good discipline and order at the Site . Requirements applicable thereto .
B . Except as otherwise required for the safety or 2 . Proposed adjustments in the
protection of persons or the Work or property at the progress schedule that will change the Contract
Site or adjacent thereto , and except as otherwise Times ( or Milestones ) shall be submitted
in
stated in the Contract Documents , all Work at the Site accordance with the requirements of Article 12 .
shall be performed during regular working hours , and Such adjustments may only be made by a
CONTRACTOR will not permit overtime work or the Change Order or Written Amendment in accor-
performance of Work on Saturday, Sunday, or any dance with Article 12 .
legal holiday without OWNER's written consent (which
will not be unreasonably withheld ) given after prior 6 . 05 Substitutes and "Or-Equals "
written notice to ENGINEER .
A . Whenever an item of material or equipment is
specified or described in the Contract Documents by
6 . 03 Services, Materials, and Equipment using the name of a proprietary item or the name of a
particular Supplier , the specification or description is
A . Unless otherwise specified in the General Re- intended to establish the type , function , appearance ,
quirements , CONTRACTOR shall provide and and quality required . Unless the specification or
assume full responsibility for all services , materials , description contains or is followed by words
reading
equipment, labor, transportation , construction that no like , equivalent , or " or-equal " item or no
equipment and machinery, tools , appliances , fuel , substitution is permitted , other items of material or
power, light, heat , telephone , water , sanitary facilities , equipment or material or equipment of other Suppliers
temporary facilities , and all other facilities and may be submitted to ENGINEER for review under the
incidentals necessary for the performance , testing , circumstances described below.
start- up , and completion of the Work .
1 . "Or-Equal" Items: If in ENGINI= ER ' s
B . All materials and equipment incorporated into sole discretion an item of material or equipment
the Work shall be as specified or , if not specified , shall proposed by CONTRACTOR is functionally
be of good quality and new , except as otherwise equal to that named and sufficiently similar so
provided in the Contract Documents . All warranties that no change in related Work will be required ,
and guarantees specifically called for by the Specifica- it may be considered by ENGINEER as an
tions shall expressly run to the benefit of OWNER . If " or-equal " item , in which case review and
required by ENGINEER, CONTRACTOR shall furnish approval of the proposed item may, in
satisfactory evidence ( including reports of required ENGINEER' s sole discretion , be accomplished
tests ) as to the source, kind , and quality of materials without compliance with some or all
of the
and equipment . All materials and equipment shall be requirements for approval of proposed substi-
stored , applied , installed , connected , erected , tute items . For the purposes of this paragraph
protected , used , cleaned , and conditioned in 6 . 05 . A . 1 , a proposed item of material or
accordance With instructions of the applicable equipment will be considered functionally equal
Supplier , except as otherwise may be provided in the to an item so named if:
Contract Documents .
a . in the exercise of reasonable
6 . 04 Progress Schedule judgment ENGINEER determines that : ( i ) it
is at least equal in quality, durability,
A. CONTRACTOR shall adhere to the progress appearance , strength , and design
schedule established in accordance with paragraph characteristics ; ( ii ) it will reliably perform at
2 . 07 as it may be adjusted from time to time as least equally well the function
imposed by
provided below . the design concept of the completed Project
as a functioning whole , and ;
1 . CONTRACTOR shall submit to
ENGINEER for acceptance (to the extent indi- b . CONTRACTOR certifies that: ( i )
cated in paragraph 2 . 07 ) proposed adjustments there is no increase in cost to the OWNER ;
in the progress schedule that will not result in and ( ii) it will conform substantially,
even
changing the Contract Times ( or Milestones ) . with deviations , to the detailed requirements
Such adjustments will conform generally to the of the item named in the Contract
progress schedule then in effect and additional - Documents.
00700 - General Conditions REV 04-07.doc
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2 . Substitute Items directly or indirectly from use of such
substitute item , including costs of redesign
a . If in ENGINEER' s sole discretion an and claims of other contractors affected by
item of material or equipment proposed by any resulting change , all of which will be
CONTRACTOR does not qualify as an considered by ENGINEER in evaluating the
" or-equal " item under paragraph 6 . 05 . A . 1 , it proposed substitute item . ENGINEER may
will be considered a proposed substitute require CONTRACTOR to furnish additional
item . data about the proposed substitute item .
b . CONTRACTOR shall submit suffi - B . Substitute Construction Methods or Proce-
cient information as provided below to allow dures: If a specific means , method , technique , se-
ENGINEER to determine that the item of quence , or procedure of construction is shown or
material or equipment proposed is indicated in and expressly required by the Contract
essentially equivalent to that named and an Documents , CONTRACTOR may furnish or utilize a
acceptable substitute therefor . Requests for substitute means , method , technique , sequence , or
review of proposed substitute items of procedure of construction approved by ENGINEER .
material or equipment will not be accepted CONTRACTOR shall submit sufficient information to ,
by ENGINEER from anyone other than allow ENGINEER, in ENGINEER' s sole discretion , to
CONTRACTOR . determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents .
c . The procedure for review by ENGI - The procedure for review by ENGINEER will be similar
NEER will be as set forth in paragraph to that provided in subparagraph 6 . 05 . A . 2 .
6 . 05 .A . 2 . d , as supplemented in the General
Requirements and as ENGINEER may C . Engineer's Evaluation: ENGINEER will be
decide is appropriate under the allowed a reasonable time within which to evaluate
circumstances . each proposal or submittal made pursuant to para-
graphs 6 . 05 .A and 6 . 05 . 6 . - ENGINEER will be the
d . CONTRACTOR shall first make sole judge of acceptability . No " or-equal " or substitute
written application to ENGINEER for review will be ordered , installed or utilized until ENGINEER ' s
of a proposed substitute item of material or review is complete , which will be evidenced by either a
equipment that CONTRACTOR seeks to Change Order for a substitute or an approved Shop
furnish or use . The application shall certify Drawing for an " or equal . " ENGINEER will advise
that the proposed substitute item will CONTRACTOR in writing of any negative
perform adequately the functions and determination .
achieve the results called for by the general
design , be similar in substance to that D . Special Guarantee : OWNER may require
specified , and be suited to the same use as CONTRACTOR to furnish at CONTRACTOR' s that specified . The
application will state the pense a special performance guarantee or other
extent, if any, to which the use of the pro- surety with respect to any substitute .
posed substitute item will prejudice
CONTRACTOR' s achievement of Substan- E . ENGINEER 's Cost Reimbursement:
tial Completion on time , whether or not use ENGINEER will record time required by ENGINEER
of the proposed substitute item in the Work and ENGINEER' s Consultants in evaluating substitute
will require a change in any of the Contract proposed or submitted by CONTRACTOR pursuant to
Documents ( or in the provisions of any other paragraphs 6 . 05 . A . 2 and 6 . 05 . 13 and in making
direct contract with OWNER for work on the changes in the Contract Documents (or in the
Project) to adapt the design to the proposed provisions of any other direct contract with OWNER
substitute item and whether or not for work on the Project) occasioned thereby. Whether
incorporation or use of the proposed substi- or not ENGINEER approves a substitute item so pro-
tute item in connection with the Work is sub- posed or submitted by CONTRACTOR, CON-
ject to payment of any license fee or royalty . TRACTOR shall reimburse OWNER for the charges
All variations of the proposed substitute of ENGINEER and ENGINEER' s Consultants for
item from that specified will be identified in evaluating each such proposed substitute .
the application , and available engineering ,
sales , maintenance , repair, and F . CONTRACTOR 's Expense : CONTRACTOR
replacement services will be indicated . The shall provide all data in support of any proposed
application will also contain an itemized esti - substitute or " or-equal " at CONTRACTOR' s expense .
mate of all costs or credits that will result
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6 . 06 Concerning Subcontractors, Suppliers, tractors , Suppliers , and other individuals or entities
and Others performing or furnishing any of the Work under a
direct or indirect contract with CONTRACTOR .
A . CONTRACTOR shall not employ any
Subcontractor , Supplier, or other individual or entity E . CONTRACTOR shall require all Subcontrac-
( including those acceptable to OWNER as indicated in tors , Suppliers , and such other individuals or entities
paragraph 6 . 06 . 13 ) , whether initially or as a performing or furnishing any of the Work to commu -
replacement , against whom OWNER may have nicate with ENGINEER through CONTRACTOR .
reasonable objection . CONTRACTOR shall not be
required to employ any Subcontractor, Supplier, or F . The divisions and sections of the Specifica-
other individual or entity to furnish or perform any of tions and the identifications of any Drawings shall
not
the Work against whom CONTRACTOR has reason- control CONTRACTOR in dividing the Work among
able objection . Subcontractors or Suppliers or delineating the Work to
be performed by any specific trade .
B . If the Supplementary Conditions require the
identity of certain Subcontractors , Suppliers , or other G . All Work performed for CONTRACTOR by a
individuals or entities to be submitted to OWNER in Subcontractor or Supplier will be pursuant to an
advance for acceptance by OWNER by a specified appropriate agreement between CONTRACTOR and
date prior to the Effective Date of the Agreement, and the Subcontractor or Supplier which specifically binds
if CONTRACTOR has submitted a list thereof in the Subcontractor or Supplier to the applicable terms
accordance with the Supplementary Conditions , and conditions of the Contract Documents for the
OWNER' s acceptance ( either in writing or by failing to benefit of OWNER and ENGINEER . Whenever any
make written objection thereto by the date indicated such agreement is with a Subcontractor or Supplier
for acceptance or objection in the Bidding Documents who is listed as an additional insured on the property
or the Contract Documents ) of any such Subcon - insurance provided in paragraph 5 . 06 , the agreement
tractor, Supplier , or other individual or entity so between the CONTRACTOR and the Subcontractor
identified may be revoked on the basis of reasonable or Supplier will contain provisions whereby the
objection after due investigation . CONTRACTOR Subcontractor or Supplier waives all rights against
shall submit an acceptable replacement for the OWNER , CONTRACTOR, ENGINEER , ENGINEER' s
rejected Subcontractor, Supplier , or other individual or Consultants , and all other individuals or entities
entity, and the Contract Price will be adjusted by the identified in the Supplementary Conditions to be listed
difference in the cost occasioned by such as insureds or additional insureds ( and the officers ,
replacement, and an appropriate Change Order will be directors , partners , employees , agents , and other
issued or Written Amendment signed . No acceptance consultants and subcontractors of each and any of
by OWNER of any such Subcontractor , Supplier , or them ) for all losses and damages caused by, arising
other individual or entity, whether initially or as a out of, relating to , or resulting from any of the perils
or
replacement , shall constitute a waiver of any right of causes of loss covered by such policies and any other
OWNER or ENGINEER to reject defective Work . property insurance applicable to the Work . If the
insurers on any such policies require separate waiver
C . CONTRACTOR shall be fully responsible to forms to be signed by any Subcontractor or Supplier ,
OWNER and ENGINEER for all acts and omissions of CONTRACTOR will obtain the same .
the Subcontractors , Suppliers , and other individuals or
entities performing or furnishing any of the Work just 6 . 07 Patent Fees and Royalties
as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions . Nothing in A . CONTRACTOR shall pay all license fees and
the Contract Documents shall create for the benefit of royalties and assume all costs incident to the use
in
any such Subcontractor , Supplier , or other individual the performance of the Work or the incorporation
in
or entity any contractual relationship between OWNER the Work of any invention , design , process , product ,
or ENGINEER and any such Subcontractor, Supplier or device which is the subject of patent rights
or
or other individual or entity, nor shall it create any copyrights held by others . If a
particular invention ,
obligation on the part of OWNER or ENGINEER to design , process , product, or device is specified in
the
pay or to see to the payment of any moneys due any Contract Documents for use in the performance of the
such Subcontractor, Supplier , or other individual or Work and if to the actual knowledge of OWNER
or
L entity except as may otherwise be required by Laws ENGINEER
GIEER it n for the payment of ants use is subject to y patent
rights
e fee or
and Regulations , g p y
royalty to others , the existence of such rights shall be
D . CONTRACTOR shall be solely responsible disclosed by OWNER in the Contract Documents . To
for scheduling and coordinating the Work of Subcon- the fullest extent permitted by Laws and Regulations ,
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CONTRACTOR shall indemnify and hold harmless of the Agreement if there were no Bids ) having an
OWNER , ENGINEER , ENGINEER' s Consultants , and effect on the cost or time of performance of the Work
the officers , directors , partners , employees or agents , may be the subject of an adjustment in Contract Price
and other consultants of each and any of them from or Contract Times . If OWNER and CONTRACTOR
and against all claims , costs , losses , and damages are unable to agree . on entitlement to or on
the
( including but not limited to all fees and charges of amount or extent, if any, of any
such adjustment, a
engineers , architects , attorneys , and other Claim may be made therefor as provided in paragraph
professionals and all court or arbitration or other 10 . 05 .
dispute resolution costs ) arising out of or relating to
any infringement of patent rights or copyrights incident 6 . 10 Taxes
to the use in the performance of the Work or resulting
from the incorporation in the Work of any invention , ll pa", lmotes, s
design , process , product , or device not specified in the er, use , and other similar taxes r to be
Contract Documents . paid by CONTRACTO accordance with
the Laws and ations of the place of the
6 . 08 Permits ;��rorI
' e ich are applicable during the
ansa 8Y# *
A . Unless otherwise provided in the Supple-
mentary Conditions , CONTRACTOR shall obtain and B . OWNER qualifies for state and local sales tax
pay for all construction permits and licenses . OWNER exemption in the purchase of all material and
shall assist CONTRACTOR, when necessary, in equipment .
obtaining such permits and licenses . CONTRACTOR
shall pay all governmental charges and inspection 6 . 11 Use of Site and Other Areas
fees necessary for the prosecution of the Work which
are applicable at the time of opening of Bids , or , if A . Limitation on Use of Site and Other Areas
there are no Bids , on the Effective Date of the
Agreement . CONTRACTOR shall pay all charges of 1 . CONTRACTOR shall confine
utility owners for connections to the Work , and construction equipment, the storage of
OWNER shall pay all charges of such utility owners materials and equipment , and the operations of
for capital costs related thereto , such as plant workers to the Site and other areas permitted
investment fees . by Laws and Regulations , and shall not
unreasonably encumber the Site and other
6 . 09 Laws and Regulations areas with construction equipment or other
materials or equipment . CONTRACTOR shall
A . CONTRACTOR shall give all notices and assume full responsibility for any damage to
comply with all Laws and Regulations applicable to the any such land or area , or to the owner
or
performance of the Work . Except where otherwise occupant thereof, or of any adjacent land or
expressly required by applicable Laws and areas resulting from the performance of the
Regulations , neither OWNER nor ENGINEER shall be Work .
responsible for monitoring CONTRACTOR' s compli-
ance with any Laws or Regulations . 2 . Should any claim be made by any
such owner or occupant because of the
B . If CONTRACTOR performs any Work know- performance of the Work , CONTRACTOR shall
ing or having reason to know that it is contrary to Laws promptly settle with such other party by
or Regulations , CONTRACTOR shall bear all claims , negotiation or otherwise resolve the claim by
costs , losses , and damages (including but not limited arbitration or other dispute resolution
to all fees and charges of engineers , architects , proceeding or at law.
attorneys , and other professionals and all court or
arbitration or other dispute resolution costs ) arising out 3 . To the fullest extent permitted by
of or relating to such Work ; however , it shall not be Laws and Regulations , CONTRACTOR shall
CONTRACTOR' s primary responsibility to make indemnify and hold harmless OWNER ,
certain that the Specifications and Drawings are in ENGINEER , ENGINEER ' s Consultant, and the
accordance with Laws and Regulations , but this shall officers , directors , partners , employees , agents ,
not relieve CONTRACTOR of CONTRACTOR' s and other consultants of each and any of them
obligations under paragraph 3 . 03 . from and against all claims , costs , losses , and
damages ( including but not limited to all fees
C . Changes in Laws or Regulations not known at and charges of engineers , architects , attorneys ,
the time of opening of Bids ( or , on the Effective Date and other professionals and all court or
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arbitration or other dispute resolution costs ) 1 , all persons on the Site or who may
arising out of or relating to any claim or action , be affected by the Work ;
legal or equitable , brought by any such owner
or occupant against OWNER, ENGINEER , or 2 . all the Work and materials and equip-
any other party indemnified hereunder to the ment to be incorporated therein , whether in
extent caused by or based upon storage on or off the Site ; and
CONTRACTOR' s performance of the Work .
3 . other property at the Site or adjacent
B . Removal of Debris During Performance of the thereto , including trees , shrubs , lawns , walks ,
Work: During the progress of the Work CONTRAC- pavements , roadways , structures , utilities , and
TOR shall keep the Site and other areas free from Underground Facilities not designated for
accumulations of waste materials , rubbish , and other removal , relocation , or replacement in the
debris . Removal and disposal of such waste materi- course of construction .
als , rubbish , and other debris shall conform to applica -
ble Laws and Regulations . B . CONTRACTOR shall comply with all applica-
ble Laws and Regulations relating to the safety of
C . Cleaning: Prior to Substantial Completion of persons or property, or to the protection of persons or
the Work CONTRACTOR shall clean the Site and property from damage , injury, or loss ; and shall erect
make it ready for utilization by OWNER . At the com - and maintain all necessary safeguards for such safety
pletion of the Work CONTRACTOR shall remove from and protection . CONTRACTOR shall notify owners of
the Site all tools , appliances , construction equipment adjacent property and of Underground Facilities and
and machinery, and surplus materials and shall other utility owners when prosecution of the Work may
restore to original condition all property not designated affect them , and shall cooperate with them in the
for alteration by the Contract Documents . protection , removal , relocation , and replacement of
their property. All damage , injury, or loss to any
D . Loading Structures : CONTRACTOR shall not property referred to in paragraph 6 . 13 .A . 2 or 6 . 13 . A . 3
load nor permit any part of any structure to be loaded caused , directly or indirectly, in whole or in
part, by
in any manner that will endanger the structure , nor CONTRACTOR , any Subcontractor, Supplier, or any
shall CONTRACTOR subject any part of the Work or other individual or entity directly or indirectly employed
adjacent property to stresses or pressures that will by any of them to perform any of the Work, or anyone
endanger it . for whose acts any of them may be liable , shall be
remedied by CONTRACTOR ( except damage or loss
6 . 12 Record Documents attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER
A , CONTRACTOR shall maintain in a safe place or ENGINEER' s Consultant , or anyone employed by
at the Site one record copy of all Drawings , Specifica- any of them , or anyone for whose acts any of
them
tions , Addenda , Written Amendments , Change may be liable , and not attributable , directly or
Orders , Work Change Directives , Field Orders , and indirectly, in whole or in part , to the fault or negligence
written interpretations and clarifications in good order of CONTRACTOR or any Subcontractor , Supplier , or
and annotated to show changes made during other individual or entity directly or indirectly employed
construction . These record documents together with by any of them ) . CONTRACTOR ' s duties and
all approved Samples and a counterpart of all responsibilities for safety and for protection of the
approved Shop Drawings will be available to ENGI - Work shall continue until such time as all the Work
is
NEER for reference . Upon completion of the Work , completed and ENGINEER has issued a notice to
these record documents , Samples , and Shop OWNER and CONTRACTOR in accordance with
Drawings will be delivered to ENGINEER for OWNER . paragraph 14 . 07 . 13 that the Work is acceptable
( except as otherwise expressly provided in connection
6 . 13 Safety and Protection with Substantial Completion ) .
A. CONTRACTOR shall be solely responsible 6 . 14 Safety Representative
for initiating , maintaining and supervising all safety
precautions and programs in connection with the A . CONTRACTOR shall designate a qualified
Work . CONTRACTOR shall take all necessary and experienced safety representative at the Site
precautions for the safety of, and shall provide the whose duties and responsibilities shall be the
necessary protection to prevent damage , injury or loss prevention of accidents and the maintaining and
to : supervising of safety precautions and programs .
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6 . 15 Hazard Communication Programs approval of the pertinent submittal will be at the sole
expense and responsibility of CONTRACTOR .
A . CONTRACTOR shall be responsible for
coordinating any exchange of material safety data D . Submittal Procedures
sheets or other hazard communication information
required to be made available to or exchanged be- 1 . Before submitting each Shop
tween or among employers at the Site in accordance Drawing or Sample , CONTRACTOR shall have
with Laws or Regulations . determined and verified :
6 . 16 Emergencies a . all field measurements , quantities ,
dimensions , specified performance criteria ,
A . In emergencies affecting the safety or protec- installation requirements , materials , catalog
tion of persons or the Work or property at the Site or numbers , and similar information with
adjacent thereto , CONTRACTOR is obligated to act to respect thereto ;
prevent threatened damage , injury, or loss .
CONTRACTOR shall give ENGINEER prompt written b . all materials with respect to intended
notice if CONTRACTOR believes that any significant use , fabrication , shipping , handling , storage ,
changes in the Work or variations from the Contract assembly, and installation pertaining to the
Documents have been caused thereby or are required performance of the Work ;
as a result thereof. If ENGINEER determines that a
change in the Contract Documents is required be - c . all information relative to means ,
cause of the action taken by CONTRACTOR in methods , techniques , sequences , and
response to such an emergency, a Work Change procedures of construction and safety
Directive or Change Order will be issued . precautions and programs incident thereto ;
and
6 . 17 Shop Drawings and Samples
d . CONTRACTOR shall also have
A . CONTRACTOR shall submit Shop Drawings reviewed and coordinated each Shop
to ENGINEER for review and approval in accordance Drawing or. Sample with other Shop
with the acceptable schedule of Shop Drawings and Drawings and Samples and with the
Sample submittals . All submittals will be identified as requirements of the Work and the Contract
ENGINEER may require and in the number of copies Documents .
specified in the General Requirements . The data
shown on the Shop Drawings will be complete with 2 . Each submittal shall bear a stamp or
respect to quantities , dimensions , specified perfor- specific written indication that CONTRACTOR
mance and design criteria , materials , and similar data has satisfied CONTRACTOR' s obligations
to show ENGINEER the services , materials , and under the Contract Documents with respect to
equipment CONTRACTOR proposes to provide and CONTRACTOR' s review and approval of that
to enable ENGINEER to review the information for the submittal .
limited purposes required by paragraph 6 . 17 . E .
3 . At the time of each submittal , CON -
B . CONTRACTOR shall also submit Samples to TRACTOR shall give ENGINEER specific
ENGINEER for review and approval in accordance written notice of such variations , if any, that the
with the acceptable schedule of Shop Drawings and Shop Drawing or Sample submitted may have
Sample submittals . Each Sample will be identified from the requirements of the Contract
clearly as to material , Supplier , pertinent data such as Documents , such notice to be in a written com -
catalog numbers , and the use for which intended and munication separate from the submittal ; and , in
otherwise as ENGINEER may require to enable ENGI - addition , shall cause a specific notation to be
NEER to review the submittal for the limited purposes made on each Shop Drawing and Sample sub-
required by paragraph 6 . 17 . E . The numbers of each mitted to ENGINEER for review and approval of
Sample to be submitted will be as specified in the each such variation .
Specifications .
E . ENGINEER 's Review
C . Where a Shop Drawing or Sample is required
by the Contract Documents or the schedule of Shop 1 . ENGINEER will timely review and
Drawings and Sample submittals acceptable to ENGI - approve Shop Drawings and Samples in
NEER as required by paragraph 2 . 07 , any related accordance with . the schedule of Shop
Work performed prior to ENGINEER' s review and Drawings and Sample submittals acceptable to
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ENGINEER . ENGINEER' s review and
approval will be only to determine if the items 6 . 19 CONTRACTOR 's General Warranty and
covered by the submittals will , after installation Guarantee
or incorporation in the Work , conform to the
information given in the Contract Documents A . CONTRACTOR warrants and guarantees to
and be compatible with the design concept of OWNER , ENGINEER , and ENGINEER' s Consultants
the completed Proiect as a functioning whole as that all Work will be in accordance with the Contract
indicated by the Contract Documents . Documents and will -not be defective .
CONTRACTOR' s warranty and guarantee hereunder
2 . ENGINEER' s review and approval excludes defects or damage caused by:
will not extend to means , methods , techniques ,
sequences , or procedures of construction 1 . abuse , modification , or improper
( except where a particular means , method , maintenance or operation by persons other
technique , sequence , or procedure of con - than CONTRACTOR , Subcontractors ,
struction is specifically and expressly called for Suppliers , or any other individual or entity for
by the Contract Documents ) or to safety whom CONTRACTOR is responsible ; or
precautions or programs incident thereto . The
review and approval of a separate item as such 2 . normal wear and tear under normal
will not indicate approval of the assembly in usage .
which the item functions .
B . CONTRACTOR' s obligation to perform and
3 . ENGINEER' s review and approval of complete the Work in accordance with the Contract
Shop Drawings or Samples shall not relieve Documents shall be absolute . None of the following
CONTRACTOR from responsibility for any will constitute an acceptance of Work that is not in
variation from the requirements of the Contract accordance with the Contract Documents or a release
Documents unless CONTRACTOR has in of CONTRACTOR' s obligation to perform the Work in
writing called ENGINEER' s attention to each accordance with the Contract Documents :
such variation at the time of each submittal as
required by paragraph 6 . 17 . D . 3 and ENGI - 1 . observations by ENGINEER ;
NEER has given written approval of each such
variation by specific written notation thereof 2 . recommendation by ENGINEER or
incorporated in or , accompanying the Shop payment by OWNER of .any progress or final
Drawing or Sample approval ; nor will any payment ;
approval by ENGINEER relieve CON-
TRACTOR from responsibility for complying 3 . the issuance of a certificate of Sub-
with the requirements of paragraph 6 . 17 . D . 1 . stantial Completion by ENGINEER or any
payment related thereto by OWNER ;
F . Resubmittal Procedures
4 . use or occupancy of the Work or any
1 . CONTRACTOR shall make correc- part thereof by OWNER ;
tions required by ENGINEER and shall return
the required number of corrected copies of 5 . any acceptance by OWNER or any
Shop Drawings and submit as required new failure to do so ;
Samples for review and approval . CON-
TRACTOR shall direct specific attention in 6 . any review and approval of a Shop
writing to revisions other than the corrections Drawing or Sample submittal or the issuance of
called for by ENGINEER on previous a notice of acceptability by ENGINEER ;
submittals .
7 . any inspection , test , or approval by
6 . 18 Continuing the Work others ; or
A . CONTRACTOR shall carry on the Work and 8 . any correction of defective Work by
adhere to the progress schedule during all disputes or OWNER.
disagreements with OWNER . No Work shall be
delayed or postponed pending resolution of any 6 . 20 Indemnification
disputes or disagreements , except as permitted by
paragraph 15 . 04 or as OWNER and CONTRACTOR A . To the fullest extent permitted by Laws and
may otherwise agree in writing . Regulations , CONTRACTOR shall indemnify and hold
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harmless OWNER , ENGINEER , ENGINEER ' s opinions , reports , surveys , Change Orders ,
Consultants , and the officers , directors , partners , designs , or Specifications ; or
employees , agents , and other consultants and
subcontractors of each and any of them from and 2 . giving directions or instructions , or
against all claims , costs , losses , and damages failing to give them , if that is the primary cause
( including but not limited to all fees and charges of of the injury or damage .
engineers , architects , attorneys , and other
professionals and all court or arbitration or other
dispute resolution costs ) arising out of or relating to ARTICLE 7 - OTHER WORK
the performance of the Work , provided that any such
claim , cost , loss , or damage :
7 . 01 Related Work at Site
1 . is attributable to bodily injury,
sickness , disease , or death , or to injury to or A . OWNER may perform other work related to
destruction of tangible property ( other than the the Project at the Site by OWNER's employees , or let
Work itself) , including the loss of use resulting other direct contracts therefor, or have other
work
therefrom ; and performed by utility owners . If such other work is not
noted in the Contract Documents , then :
2 . is caused in whole or in part by any
negligent act or omission of CONTRACTOR, 1 . written notice thereof will be given to
any Subcontractor, any Supplier, or any CONTRACTOR prior to starting any such other
individual or entity directly or indirectly work ; and
employed by any of them to perform any of the
Work or anyone for whose acts any of them 2 . if OWNER and CONTRACTOR are
may be liable , regardless of whether or not unable to agree on entitlement to or
on the
caused in part by any negligence or omission of amount or extent, if any, of any adjustment in
an individual or entity indemnified hereunder or the Contract Price or Contract Times that
whether liability is imposed upon such indemni - should be allowed as a result of such other
fied party by Laws and Regulations regardless work , a Claim may be made therefor as
of the negligence of any such individual or provided in paragraph 10 . 05 .
entity.
B . CONTRACTOR shall afford each other
B . In any and all claims against OWNER or contractor who is a party to such a direct contract
and
ENGINEER or any of their respective consultants , each utility owner ( and OWNER , if OWNER is
per-
agents , officers , directors , partners , or employees by forming the other work with OWNER ' s employees
)
any employee ( or the survivor or personal proper and safe access to the Site and a reasonable
representative of such employee ) of CONTRACTOR , opportunity for the introduction and storage of
any Subcontractor , any Supplier , or any individual or materials and equipment and the execution of
such
entity directly or indirectly employed by any of them to other work and shall properly coordinate the Work with
perform any of the Work , or anyone for whose acts theirs . Unless otherwise provided in the
Contract
any of them may be liable , the indemnification Documents , CONTRACTOR shall do all cutting ,
obligation under paragraph 6 . 20 . A shall not be limited fitting , and patching of the Work that may be required
in any way by any limitation on the amount or type of to properly connect or otherwise make its
several
damages , compensation , or benefits payable by or for parts come together and properly integrate with such
CONTRACTOR or any such Subcontractor, Supplier , other work . CONTRACTOR shall not endanger any
or other individual or entity under workers ' compen - work of others by cutting , excavating , or
otherwise
sation acts , disability benefit acts , or other employee altering their work and will only cut or alter
their work
benefit acts . with the written consent of ENGINEER and the others
whose work will be affected . The duties and
C . The indemnification obligations of CON - responsibilities of CONTRACTOR under this
TRACTOR under paragraph 6 . 20 .A shall not extend to paragraph are for the benefit of such utility owners and
the liability of ENGINEER and ENGINEER' s other contractors to the extent that there are
Consultants or to the officers , directors , partners , comparable provisions for the benefit of
employees , agents , and other consultants and CONTRACTOR in said direct contracts between
subcontractors of each and any of them arising out of: OWNER and such utility owners and other
contractors .
1 . the preparation or approval of, or the
failure to prepare or approve , maps , Drawings ,
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C . If the proper execution or results of any part of 8 . 03 Furnish Data
CONTRACTOR' s Work depends upon work per-
formed by others under this Article 7 , CONTRACTOR A. OWNER shall promptly furnish the data
shall inspect such other work and promptly report to required of OWNER under the Contract Documents .
ENGINEER in writing any delays , defects , or deficien-
cies in such other work that render it unavailable or 8 . 04 Pay Promptly When Due
unsuitable for the proper execution and results of
CONTRACTOR's Work . CONTRACTOR's failure to A . OWNER shall make payments to CONTRAC-
so report will constitute an acceptance of such other TOR promptly when they are due as provided
in
work as fit and proper for integration with paragraphs 14 . 02 . 0 and 14 . 07 . C .
CONTRACTOR' s Work except for latent defects and
deficiencies in such other work . 8 . 05 Lands and Easements; Reports and Tests
7 . 02 Coordination A . OWNER' s duties in respect of providing lands
and easements and providing engineering surveys to
A . If OWNER intends to contract with others for establish reference points are set forth in paragraphs
the performance of other work on the Project at the 4 . 01 and 4 . 05 . Paragraph 4 . 02 refers to
OWNER' s
Site , the following will be set forth in Supplementary identifying and making available to CONTRACTOR
Conditions : copies of reports of explorations and tests of
subsurface conditions and drawings of physical
1 . the individual or entity who will have conditions in or relating to existing surface or
authority and responsibility for coordination of subsurface structures at or contiguous to the Site that
the activities among the various contractors will have been utilized by ENGINEER in preparing the
be identified ; Contract Documents .
2 . the specific matters to be covered by 8 . 06 Insurance
such authority . and responsibility will be -
itemized ; and A . OWNER' s responsibilities , if any, in respect to
Lpurchasing and maintaining liability and property insur-
3 . the extent of such authority and ance are set forth in Article 5 .
responsibilities will be provided .
8 . 07 Change Orders
B . Unless otherwise provided in the
Supplementary Conditions , OWNER shall have sole A . OWNER is obligated to execute Change
authority and responsibility for such coordination . Orders as indicated in paragraph 10 . 03 .
8 . 08 Inspections, Tests, and Approvals
ARTICLE 8 - OWNER' S RESPONSIBILITIES
A . OWNER' s responsibility in respect to certain
inspections , tests , and approvals is set forth in
8 . 01 Communications to Contractor paragraph 13 . 03 . B .
A. Except as otherwise provided in these 8 . 09 Limitations on OWNER 's Responsibilities
General Conditions , OWNER shall issue all communi-
cations to CONTRACTOR through ENGINEER . A . The OWNER shall not supervise , direct , or
have control or authority over , nor be responsible for ,
8 . 02 Replacement of ENGINEER CONTRACTOR' s means , methods , techniques , se-
quences , or procedures of construction , or the safety
A . In case of termination of the employment of precautions and programs incident thereto , or for any
ENGINEER , OWNER shall appoint an engineer to failure of CONTRACTOR to comply with Laws and
whom CONTRACTOR makes no reasonable Regulations applicable to the performance of the
objection , whose status under the Contract Work . OWNER will not be responsible for
Documents shall be that of the former ENGINEER . CONTRACTOR' s failure to perform the Work in
accordance with the Contract Documents .
L
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8 . 10 Undisclosed Hazardous Environmental of ENGINEER' s visits or observations of
Condition CONTRACTOR's Work ENGINEER will not
supervise , direct , control , or have authority over or be
A . OWNER ' s responsibility in respect to an responsible for CONTRACTOR 's means , methods ,
undisclosed Hazardous Environmental Condition is techniques , sequences , or procedures of construction ,
set forth in paragraph 4 . 06 . or the safety precautions and programs incident
thereto , or for any failure of CONTRACTOR to comply
8 . 11 Evidence of Financial Arrangements with Laws and Regulations applicable to the
performance of the Work .
A . If and to the extent OWNER has agreed to
furnish CONTRACTOR reasonable evidence that 9 . 03 Project Representative
financial arrangements have been made to satisfy
OWNER ' s obligations under the Contract Documents , A. If OWNER and ENGINEER agree , ENGI-
OWNER 's responsibility in respect thereof will be as NEER will furnish a Resident Project Representative
set forth in the Supplementary Conditions . to assist ENGINEER in providing more extensive
observation of the Work . The responsibilities and
authority and limitations thereon of any such Resident
ARTICLE 9 - ENGINEER ' S STATUS DURING Project Representative and assistants will be as
CONSTRUCTION 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
9 . 01 OWNER 'S Representative not ENGINEER' s Consultant , agent or employee , the
responsibilities and authority and limitations thereon of
A . ENGINEER will be OWNER 's representative such other individual or entity will be as provided in the
during the construction period . The duties and Supplementary Conditions .-
responsibilities
onditions :responsibilities and the limitations of authority of
ENGINEER as OWNER' s representative during - 9 . 04 Clarifications and Interpretations
construction are set forth in the Contract Documents
and will not be changed without written consent of A . ENGINEER will issue with reasonable
OWNER and ENGINEER . promptness such written clarifications or interpreta-
tions of the requirements of the Contract Documents
9 . 02 Visits to Site as ENGINEER may determine necessary, which shall
be consistent with the intent of and reasonably
A . ENGINEER will make visits to the Site at inferable from the Contract Documents . Such written
intervals appropriate to the various stages of construc- clarifications and interpretations will be binding on
tion as ENGINEER deems necessary in order to OWNER and CONTRACTOR . If OWNER and CON -
observe as an experienced and qualified design TRACTOR are unable to agree on entitlement to or on
professional the progress that has been made and the the amount or extent, if any, of any adjustment in the
quality of the various aspects of CONTRACTOR ' s Contract Price or Contract Times , or both , that should
executed Work . Based on information obtained be allowed as a result of a written clarification or
during such visits and observations , ENGINEER , for interpretation , a Claim may be made therefor as
the benefit of OWNER , will determine , in general , if provided in paragraph 10 . 05 .
the Work is proceeding in accordance with the Con-
tract Documents . ENGINEER will not be required to 9 . 05 Authorized Variations in Work
make exhaustive or continuous inspections on the
Site to check the quality or quantity of the Work . A . ENGINEER may authorize minor variations in
ENGINEER's efforts will be directed toward providing the Work from the requirements of the Contract
for OWNER a greater degree of confidence that the Documents which do not involve an adjustment in the
completed Work will conform generally to the Contract Contract Price or the Contract Times and are compati-
Documents . On the basis of such visits and ble with the design concept of the completed Project
observations , ENGINEER will keep OWNER informed as a functioning whole as indicated by the Contract
of the progress of the Work and will endeavor to guard Documents . These may be accomplished by a Field
OWNER against defective Work . Order and will be binding on OWNER and also on
CONTRACTOR, who shall perform the Work involved
B . ENGINEER's visits and observations are promptly. If OWNER and CONTRACTOR are unable
subject to all the limitations on ENGINEER's authority to agree on entitlement to or on the amount or extent,
and responsibility set forth in paragraph 9 . 10 , and if any, of any adjustment in the Contract
Price or
particularly, but without limitation , during or as a result Contract Times , or both , as a result of a
Field Order,
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a Claim may be made therefor as provided in accordance with the provisions of paragraph 10 .05,
paragraph 10 . 05 . with a request for a formal decision .
9 . 06 Rejecting Defective Work B . When functioning as interpreter and judge
under this paragraph 9 . 09 , ENGINEER will not show
A . ENGINEER will have authority to disapprove partiality to OWNER or CONTRACTOR and will not
or reject Work which ENGINEER believes to be be liable in connection with any interpretation or
defective , or that - ENGINEER believes will not produce decision rendered in good faith in such capacity. The
a completed Project that conforms to the Contract rendering of a decision by ENGINEER pursuant to this
Documents or that will prejudice the integrity of the paragraph 9 . 09 with respect to any such Claim ,
design concept of the completed Project as a dispute , or other matter ( except any which have been
functioning whole as indicated by the Contract waived by the making or acceptance of final payment
Documents . ENGINEER will also have authority to as provided in paragraph 14 . 07) will be a condition
require special inspection or testing of the Work as precedent to any exercise by OWNER or
provided in paragraph 13 . 04 , whether or not the Work CONTRACTOR of such rights or remedies as either
is fabricated , installed , or completed . may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any such Claim ,
9 . 07 Shop Drawings, Change Orders and dispute , or other matter .
Payments
9 . 10 Limitations on ENGINEER 's Authority and
A . In connection with ENGINEER' s authority as Responsibilities
to Shop Drawings and Samples , see paragraph 6 . 17 .
A . Neither ENGINEER ' s authority or respon -
B . In connection with ENGINEER' s authority as sibility under this Article 9 or under any other provision
to Change Orders , see Articles 10 , 11 , and 12 , of the Contract Documents nor any decision made by
ENGINEER in good faith either to exercise or not
C . In connection with ENGINEER' s authority as exercise such authority or responsibility or the
to Applications for Payment , see Article 14 . undertaking , exercise , or performance of any authority
or responsibility by ENGINEER shall create , impose ,
9 . 03 Determinations for Unit Price Work or give rise to any duty in contract , tort , or otherwise
owed by ENGINEER to CONTRACTOR, any Subcon-
A . ENGINEER will determine the actual quanti- tractor , any Supplier , any other individual or entity, or
ties and classifications of Unit Price Work performed to any surety for or employee or agent of any of them .
by CONTRACTOR . ENGINEER will review with
CONTRACTOR the ENGINEER's preliminary B . ENGINEER will not supervise , direct, control ,
determinations on such matters before rendering a or have authority over or be responsible for
written decision thereon ( by recommendation of an CONTRACTOR' s means , methods , techniques , se
Application for Payment or otherwise ) . ENGINEER' s quences , or procedures of construction , or the safety
written decision thereon will be final and binding precautions and programs incident thereto , or for any
( except as modified by ENGINEER to reflect changed failure of CONTRACTOR to comply with Laws and
factual conditions or more accurate data ) upon Regulations applicable to the performance of the
OWNER and CONTRACTOR, subject to the Work . ENGINEER will not be responsible for
provisions of paragraph 10 . 05 . CONTRACTOR' s failure to perform the Work in
accordance with the Contract Documents .
9 . 09 Decisions on Requirements of Contract
Documents and Acceptability of Work C . ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
A . ENGINEER will be the initial interpreter of the Subcontractor, any Supplier , or of any other individual
requirements of the Contract Documents and judge of or entity performing any of the Work ,
the acceptability of the Work thereunder . Claims ,
disputes and other matters relating to the acceptability D . ENGINEER' s review of the final Application
of the Work, the quantities and classifications of Unit for Payment and accompanying documentation and all
Price Work, the interpretation of the requirements of maintenance and operating instructions , schedules ,
the Contract Documents pertaining to the guarantees , Bonds , certificates of inspection , tests
performance of the Work , and Claims seeking and approvals , and other documentation required to
changes in the Contract Price or Contract Times will be delivered by paragraph 14 .07 .A will only
be to
be referred initially to ENGINEER in writing , in determine generally that their content complies with
the requirements of, and in the case of certificates of
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inspections , tests , and approvals that the results 2 . changes in the Contract Price or
certified indicate compliance with , the Contract Contract Times which are agreed to by the
Documents . parties , including any undisputed sum or
amount of time for Work actually performed in
E . The limitations upon authority and responsibil- accordance with a Work Change Directive ; and
ity set forth in this paragraph 9 . 10 shall also apply to
ENGINEER' s Consultants , Resident Project Repre - 3 . changes in the Contract Price or
sentative , and assistants . Contract Times which embody the substance of
any written decision rendered by ENGINEER
ARTICLE 10 - CHANGES IN THE WORK ; CLAIMS 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
10 . 01 Authorized Changes in the Work accordance with the provisions of the Contract
Documents and applicable Laws and Regula-
A . Without invalidating the Agreement and tions , but during any such appeal ,
without notice to any surety, OWNER may, at any time CONTRACTOR shall carry on the Work and
or T'rom time to time , order additions , deletions , or adhere to the progress schedule as provided
in
revisions in the Work by a Written Amendment, a paragraph 6 . 18 .A .
Change Order , or a Work Change Directive . Upon
receipt of any such document , CONTRACTOR shall 10 . 04 Notification to Surety
promptly proceed with the Work involved which will be
performed under the applicable conditions of the A . If notice of any change affecting the general
Contract Documents ( except as otherwise specifically scope of the Work or the provisions of the Contract
provided ) . Documents ( including , but not limited to , Contract
Price or Contract Times ) is required by the provisions
B . If OWNER and CONTRACTOR are unable to of any Bond to be given to a surety, the giving of any
agree on entitlement to, or on the amount or extent, if such notice will be CONTRACTOR' s responsibility.
any, of an adjustment in the Contract Price or Contract The amount of each applicable Bond will be adjusted
Times , or both , that should be allowed as a result of a to reflect the effect of any such change .
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 . B .
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 ;
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10 . 05 Claims and Disputes
it C . If ENGINEER does not render a formal
A . Notice : Written notice stating the general decision in writing within the time stated in paragraph
nature of each Claim , dispute, or other matter shall be 10 . 05 . 13 , a decision denying the Claim in its
entirety
delivered by the claimant to ENGINEER and the other shall be deemed to have been issued 31 days after
party to the Contract promptly ( but in no event later receipt of the last submittal of the claimant or
the last
than 30 days ) after the start of the event giving rise submittal of the opposing party, if any.
thereto . Notice of the amount or extent of the Claim ,
dispute , or other matter with supporting data shall be D . No Claim for an adjustment in Contract Price
delivered to the ENGINEER and the other party to the or Contract Times ( or Milestones ) will be valid if
not
Contract within 60 days after the start of such event submitted in accordance with this paragraph 10 . 05 .
( 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 ARTICLE 11 - COST OF THE WORK ; CASH
an adjustment in Contract Price shall be prepared in ALLOWANCES ; UNIT PRICE WORK
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 11 . 01 Cost of the Work
paragraph 12 . 02 . 13 . Each Claim shall be accom -
panied by claimant' s written statement that the adjust- A . Costs Included: The term Cost of the Work
rnent claimed is the entire adjustment to which the means the sum of all costs necessarily incurred
and
claimant believes it is entitled as a result of said event . paid by CONTRACTOR in the proper performance of
The opposing party shall submit any response to the Work . When the value of any Work covered by
a
ENGINEER and the claimant within 30 days after Change Order or when a Claim for an adjustment in
receipt of the claimant' s last submittal ( unless Contract Price is determined on the basis , of Cost of
ENGINEER allows additional time ) . the Work , the costs to be reimbursed to
CONTRACTOR will be only those additional or
B . ENGINEER 's Decision : ENGINEER will incremental costs required because of the change in
render a formal decision in writing within 30 days after the Work or because of the event giving rise to
the
receipt of the last submittal of the claimant or the last Claim . Except as otherwise may be agreed
to in
submittal of the opposing party, if any. ENGINEER' s writing by OWNER , such costs shall be in amounts no
written decision on such Claim , dispute , or other higher than those prevailing in the locality of the
matter will be final and binding upon OWNER and Project , shall include only the following
items , and
CONTRACTOR unless : 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 in accordance with rental agreements approved
furnished and incorporated in the Work , includ - by OWNER with the advice of ENGINEER, and
ing costs of transportation and storage thereof, the costs of transportation , loading , unloading ,
and Suppliers ' field services required in assembly, dismantling , and removal thereof.
connection therewith . All cash discounts shall All such costs shall be in accordance with the
accrue to CONTRACTOR unless OWNER terms of said rental agreements . The rental of
deposits funds with CONTRACTOR with which any such equipment , machinery, or parts shall
to make payments , in which case the cash cease when - the use thereof is no longer
discounts shall accrue to OWNER . All trade necessary for the Work .
discounts , rebates and refunds and returns
from sale of surplus materials and equipment d . Sales , consumer , use , and other
shall accrue to OWNER, and CONTRACTOR similar taxes related to the Work , and for which
shall make provisions so that they may be CONTRACTOR is liable , imposed by Laws and
obtained . Regulations .
3 . Payments made by CONTRACTOR e . Deposits lost for causes other than
to Subcontractors for Work performed by negligence of CONTRACTOR , any Sub-
Subcontractors . If required by OWNER , CON - contractor , or anyone directly or indirectly
TRACTOR shall obtain competitive bids from employed by any of them or for whose acts any
subcontractors acceptable to OWNER and of them may be liable , and royalty payments
CONTRACTOR and shall deliver such bids to and fees for permits and licenses .
OWNER , who will then determine , with the
advice of ENGINEER, which bids , if any, will be f. Losses and damages (and related
acceptable . If any subcontract provides that the expenses ) caused by damage to the Work , not
Subcontractor is to be paid on the basis of Cost compensated by insurance or otherwise , sus-
of the Work plus a fee , the Subcontractor' s tained by CONTRACTOR in connection with
Cost of the Work and fee shall be determined the performance of the Work ( except losses
in the same manner as CONTRACTOR' s Cost and damages within the deductible amounts of
of the Work and fee as provided in this para- property insurance established in accordance
graph 11 . 01 . with paragraph 5 . 06 . D ) , provided such losses
and damages have resulted from causes other
4 . Costs of special consultants than the negligence of CONTRACTOR , any
( including but not limited to engineers , Subcontractor , or anyone directly 'or indirectly
architects , testing laboratories , surveyors , employed by any of them or for whose acts any
attorneys , and accountants ) employed for of them may be liable . Such losses shall
services specifically related to the Work . include settlements made with the written
consent and approval of OWNER . No such
5 . Supplemental costs including the losses , damages , and expenses shall be
following : included in the Cost of the Work for the
purpose of determining CONTRACTOR ' s fee .
a . The proportion of necessary trans -
portation , travel , and subsistence expenses of g . The cost of utilities , fuel , and sanitary
CONTRACTOR' s employees incurred in dis - facilities at the Site .
charge of duties connected with the Work .
h . Minor expenses such as telegrams ,
b . Cost, including transportation and long distance telephone calls , telephone service
maintenance , of all materials , supplies , equip- at the Site , expressage , and similar petty cash
ment, machinery, appliances , office , and items in connection with the Work.
temporary facilities at the Site , and hand tools
not owned by the workers , which are consumed i . When the Cost of the Work is used to
in the performance of the Work , and cost , less determine the value of a Change Order or of a
market value , of such items used but not con- Claim , the cost of premiums for additional
sumed which remain the property of CON- Bonds and insurance required because of the
TRACTOR . changes in the Work or caused by the event
giving rise to the Claim .
C . Rentals of all construction equip-
ment and machinery , and the parts thereof j . When all the Work is performed on the
whether rented from CONTRACTOR or others basis of cost- plus , the costs of premiums for all
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Bonds and insurance CONTRACTOR is D . Documentation : Whenever the Cost of the
required by the Contract Documents to Work for any purpose is to be determined pursuant to
purchase and maintain . paragraphs 11 . 01 .A and 11 . 01 . 13 , CONTRACTOR will
establish and maintain records thereof in accordance
B . Costs Excluded: The term Cost of the Work with generally accepted accounting practices and
shall not include any of the following items : submit in a form acceptable to ENGINEER an
itemized cost breakdown together with supporting
1 . Payroll costs and other compensation data .
of CONTRACTOR' s officers , executives , princi-
pals (of partnerships and sole proprietorships ) , 11 . 02 Cash Allowances
general managers , engineers , architects ,
estimators , attorneys , auditors , accountants , A . It is understood that CONTRACTOR. has in -
purchasing and contracting agents , expediters , cluded in the Contract Price all allowances so named
timekeepers , clerks , and other personnel in the Contract Documents and shall cause the Work
employed by CONTRACTOR, whether at the so covered to be performed for such sums as may be
Site or in CONTRACTOR' s principal or branch acceptable to OWNER and ENGINEER .
office for general administration of the Work CONTRACTOR agrees that :
and not specifically included in the agreed upon
schedule of job classifications referred to in 1 . the allowances include the cost to
paragraph 11 .01 .A . 1 or specifically covered by CONTRACTOR ( less any applicable trade
paragraph 11 . 01 . A . 4 , all of which are to be discounts ) of materials and equipment required
considered administrative costs covered by the by the allowances to be delivered at the Site ,
CONTRACTOR' s fee . and all applicable taxes ; and
2 . Expenses of CONTRACTOR's princi- 2 . CONTRACTOR' s costs for unloading
pal and branch offices other than and handling on the Site , labor, installation
CONTRACTOR' s office at the Site . costs , overhead , profit, and other expenses
contemplated for the allowances have been
3 . Any part of CONTRACTOR' s capital included in the Contract Price and not in the
expenses , including interest on allowances , and no demand for additional
CONTRACTOR' s capital employed for the payment on account of any of the foregoing will
Work and charges against CONTRACTOR for be valid .
delinquent payments .
B . Prior to final payment , an appropriate Change
4 . Costs due to the negligence of CON- Order will be issued as recommended by ENGINEER
TRACTOR , any Subcontractor, or anyone to reflect actual amounts due CONTRACTOR on
directly or indirectly employed by any of them or account of Work covered by allowances , and the Con-
for whose acts any of them may be liable , tract Price shall be correspondingly adjusted .
including but not limited to , the correction of
defective Work , disposal of materials or 11 . 03 Unit Price Work
equipment wrongly supplied , and making good
any damage to property. A . Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work , initially
5 . Other overhead or general expense the Contract Price will be deemed to include for all
costs of any kind and the costs of any item not Unit Price Work an amount equal to the sum of
the
specifically and expressly included in unit price for each separately identified item of Unit
paragraphs 11 . 01 .A and 11 . 01 . 13 . Price Work times the estimated quantity of each item
as indicated in the Agreement . The estimated
C . CONTRACTOR 's Fee: When all the Work is quantities of items of Unit Price Work are not guaran-
performed on the basis of cost-plus , CONTRACTOR' s teed and are solely for the purpose of comparison of
fee shall be determined as set forth in the Agreement . Bids and determining an initial Contract Price . Deter-
When the value of any Work covered by a Change minations of the actual quantities and classifications of
Order or when a Claim for an adjustment in Contract Unit Price Work performed by CONTRACTOR will be
Price is determined on the basis of Cost of the Work , made by ENGINEER subject to the provisions
of
CONTRACTOR' s fee shall be determined as set forth paragraph 9 . 08 .
in paragraph 12 . 01 . C .
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 Documents and agreement to a lump sum is
for each separately identified item . not reached under paragraph 12 . 01 . 13 . 2 , on the
basis of the Cost of the Work (determined as
C . OWNER or CONTRACTOR may make a provided in paragraph 11 . 01 ) plus a
Claim for an adjustment in the Contract Price in accor- CONTRACTOR' s fee for overhead and profit
dance with paragraph 10 . 05 if: ( determined as provided in paragraph 12 . 01 . C ) .
1 . the quantity of any item of Unit Price C . CONTRACTOR 's Fee : The
Work performed by CONTRACTOR differs CONTRACTOR' s fee for overhead and profit shall be
materially and significantly from the estimated determined as follows :
quantity of such item indicated in the
Agreement; and 1 . a mutually acceptable fixed fee ; or
2 . there is no corresponding adjustment 2 . if a fixed fee is not agreed upon , then
with respect any other item of Work ; and a fee based on the following percentages of the
various portions of the Cost of the Work :
3 . if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in a . for costs incurred under para-
Contract Price as a result of having incurred graphs 11 . 01 .A . 1 and 11 .01 .A . 2 , the
additional expense or OWNER believes that CONTRACTOR 's fee shall be 15 percent;
OWNER is entitled to a decrease in Contract
Price and the parties are unable to agree as to b . for costs incurred under paragraph
the amount of any such increase or decrease . 11 . 01 .A . 3 , the CONTRACTOR' s fee shall
be five percent;
ARTICLE 12 - CHANGE OF CONTRACT PRICE ; c . where one or more tiers of subcon-
CHANGE OF CONTRACT TIMES - 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
12 . 01 Change of Contract Price the Subcontractor who actually performs
the Work , at whatever tier , will be paid a fee
A . The Contract Price may only be changed by a of 15 percent of the costs incurred by such
Change Order or by a Written Amendment . Any Subcontractor under paragraphs 11 . 0 LA, 1
Claim for an adjustment in the Contract Price shall be and 11 . 01 .A . 2 and that any higher tier
based on written notice submitted by the party making Subcontractor and CONTRACTOR will
the Claim to the ENGINEER and the other party to the each be paid a fee of five percent of the
Contract in accordance with the provisions of para- amount paid to the next lower tier Subcon-
graph 10 . 05 . tractor;
B . The value of any Work covered by a Change d . no fee shall be payable on the
Order or of any Claim for an adjustment in the basis of costs itemized under paragraphs
Contract Price will be determined as follows : 11 . 01 . A . 4 , 11 . 01 .A . 5 , and 11 . 01 . 13 ;
1 . where the Work involved is covered e . the amount of credit to be allowed
by unit prices contained in the Contract by CONTRACTOR to OWNER for any
Documents , by application of such unit prices to change which results in a net decrease in
the quantities of the items involved ( subject to cost will be the amount of the actual
net
the provisions of paragraph 11 . 03 ) ; or decrease in cost plus a deduction in
CONTRACTOR's fee by an amount equal
2 . where the Work involved is not cov- to five percent of such net decrease ; and
ered by unit prices contained in the Contract
Documents , by a mutually agreed lump sum f . when both additions and credits are
(which may include an allowance for overhead involved in any one change , the adjustment
and profit not necessarily in accordance with in CONTRACTOR' s fee shall be computed
paragraph 12 . 01 . C . 2 ) ; or on the basis of the net change in
accordance with paragraphs 12 . 01 . C . 2 . a
3 , where the Work involved is not cov- through 12 . 01 . C . 2 . e , inclusive .
ered by unit prices contained in the Contract
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12 . 02 Change of Contract Times surety for or employee or agent of any of them , for
damages arising out of or resulting from :
A . The Contract Times ( or Milestones ) may only
be changed by a Change Order or by a Written 1 . delays caused by or within the control
Amendment . Any Claim for an adjustment in the of CONTRACTOR; or
Contract. Times ( or Milestones ) shall be based on
written notice submitted by the party making the claim 2 . delays beyond the control of both
to the ENGINEER and the other party to the Contract OWNER and CONTRACTOR including but not
in accordance with the provisions of paragraph 10 . 05 . limited to fires , floods , epidemics , abnormal
weather conditions , acts of God , or acts or
B . Any adjustment of the Contract Times ( or neglect by utility owners or other contractors
Milestones ) covered by a Change Order or of any performing other work as contemplated by
Claim for an adjustment in the Contract Times ( or Article 7 .
Milestones ) will be determined in accordance with the
provisions of this Article 12 . B . Nothing in this paragraph 12 . 06 bars a
change in Contract Price pursuant to this Article 12 to
12 . 03 Delays Beyond CONTRACTOR 's Control compensate CONTRACTOR due to delay ,
interference , or disruption directly attributable to
A . Where CONTRACTOR is prevented from actions or inactions of OWNER or anyone for whom
completing any part of the Work within the Contract OWNER is responsible .
Times (or Milestones ) due to delay beyond the control
of CONTRACTOR , the Contract Times ( or
Milestones ) will be extended in an amount equal to the ARTICLE 13 - TESTS AND INSPECTIONS ;
time lost due to such delay if a Claim is made therefor CORRECTION , REMOVAL OR ACCEPTANCE OF
as provided in paragraph 12 . 02 . A . Delays beyond the DEFECTIVE WORK
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 13 . 01 Notice of Defects
work as contemplated by Article 7 , fires , floods ,
epidemics , abnormal weather conditions , or acts of A. Prompt notice of all defective Work of which
God . OWNER or ENGINEER has actual knowledge wiil be
given to CONTRACTOR. All defective Work may be
12 . 04 Delays Within CONTRACTOR 's Control rejected , corrected , or accepted as provided in this
Article 13 .
A . The Contract Times ( or Milestones ) will not be
extended due to delays within the control of 13 . 02 Access to Work
CONTRACTOR . Delays attributable to and within the
control of a Subcontractor or Supplier shall be A . OWNER , ENGINEER , ENGINEER's Con-
deemed to be delays within the control of CONTRAC - sultants , other representatives and personnel of
TOR . OWNER , independent testing laboratories , and
governmental agencies with jurisdictional interests will
12 . 05 Delays Beyond OWNER 's and have access to the Site and the Work at reasonable
CONTRACTOR 's Control times for their observation , inspecting , and testing .
CONTRACTOR shall provide them proper and safe
A . Where CONTRACTOR is prevented from conditions for such access and advise them of
completing any part of the Work within the Contract CONTRACTOR ' s Site safety procedures and
Times ( or Milestones ) due to delay beyond the control programs so that they may comply therewith as
of both OWNER and CONTRACTOR , an extension of applicable .
the Contract Times ( or Milestones ) in an amount
equal to the time lost due to such delay shall be 13 . 03 Tests and Inspections
CONTRACTOR ' s sole and exclusive remedy for such
delay . A. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required
12 . 06 Delay Damages inspections , tests , or approvals and shall cooperate
with inspection and testing personnel to facilitate
A . In no event shall OWNER or ENGINEER be required inspections or tests .
liable to CONTRACTOR , any Subcontractor, any
Supplier , or any other person or organization , or to any
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services of an independent testing laborato to B . If ENGINEER considers it necessary or
perform all inspections , tests , or approvals re red by advisable that covered Work be observed by ENGI-
the Contract Documents except : NEER or inspected or tested by others , CONTRAC-
TOR , at ENGINEER ' s request, shall uncover , expose ,
1 . for inspections , to or approvals or otherwise make available for observation , inspec-
covered by paragraphs 1 3 . 0 and 13 . 03 . D tion , or testing as ENGINEER may require , that
below; portion of the Work in question , furnishing all neces-
sary labor , material , and equipment . If it is found that
/haincurred in connection with such Work is defective , CONTRACTOR shall pay all
testss conducted pursuant to Claims , costs , losses , and damages ( including but not
parahall be paid as provided in limited to all fees and charges of engineers , architects ,
said , 13 ; and attorneys , and other professionals and all court or
arbitration or other dispute resolution costs ) arising out
se specifically provided in of or relating to such uncovering , exposure , observa -
R#GlGt r s tion , inspection , and testing , and of satisfactory
replacement or reconstruction ( including but not
C . If Laws or Regulations of any public body limited to all costs of repair or replacement
of work of
having jurisdiction require any Work ( or part thereof) others ) ; and OWNER shall be entitled to an
specifically to be inspected , tested , or approved by an appropriate decrease in the Contract Price . Ifthe
employee or other representative of such public body, parties are unable to agree as to the amount thereof,
CONTRACTOR shall assume full responsibility for OWNER may make a Claim therefor as provided in
arranging and obtaining such inspections , tests , or paragraph 10 . 05 . If, however, such Work is
not found
approvals , pay all costs in connection therewith , and to be defective , CONTRACTOR shall be allowed
an
furnish ENGINEER the required certificates of inspec- increase in the Contract Price or an extension of the
tion or approval . Contract Times ( or Milestones ) , or both , directly
attributable to such uncovering , exposure ,
D . CONTRACTOR shall be responsible for observation , inspection , testing , replacement, and
arranging and obtaining and shall pay all costs in reconstruction . If the parties are unable to agree
as to
connection with any inspections , tests , or approvals the amount or extent thereof, CONTRACTOR may
required for OWNER' s and ENGINEER ' s acceptance make a Claim therefor as provided in paragraph
of materials or equipment to be incorporated in the 10 . 05 .
Work ; or acceptance of materials , mix designs , or
equipment submitted for approval prior to 13 . 05 OWNER May Stop the Work
CONTRACTOR' s purchase thereof for incorporation
in the Work . Such inspections , tests , or approvals A. if the \NGFk is a „f {ive , GF QQNT 1)
shall be performed by organizations acceptable to fails to supply sufficient skilled workers or stable
OWNER and ENGINEER . materials or equipment, or fails to perform e Work in
such a way that the completed Wor III conform to
E . If any Work ( or the work of others ) that is to the Contract Documents , OWNE may order CON-
be inspected , tested , or approved is covered by CON - TRACTOR to stop the Work r any portion thereof,
TRACTOR without written concurrence of ENGI - until the cause for such der has been eliminated ;
NEER, it must , if requested by ENGINEER , be uncov- however, this right of NER to stop the Work shall
eyed for observation . not give rise to duty on the part of OWNER to
exercise this 00 t for the benefit of CONTRACTOR ,
F . Uncovering Work as provided in paragraph any Sub tractor, any Supplier , any other individual
13 . 03 . E shall be at CONTRACTOR' s expense unless Gr (PzAt, I Ar-a y-sere#l-fsr;-Gr empleysee eF geRt of
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 .
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FAEngineering\Special Projects\Eagle Trace Phase 2\Contract Documents\Eagle Trace Subdivision Phase 11\00700 - General Conditions REV 04-07.doc
13 . 06 Correction or Removal of Defective Work C . Where defective Work ( and damage to other
Work resulting therefrom ) has been corrected or
A . CONTRACTOR shall correct all defective removed and replaced under this paragraph 13 . 07 ,
Work , whether or not fabricated , installed , or the correction period hereunder with respect to such
completed , or, if the Work has been rejected by ENGI - Work will be extended for an additional period of one
NEER , remove it from the Project and replace it with year after such correction or removal and replacement
Work that is not defective . CONTRACTOR shall pay has been satisfactorily completed .
all Claims , costs , losses , and damages ( including but
not limited to all fees and charges of engineers , D . CONTRACTOR' s obligations under this
architects , attorneys , and other professionals and all paragraph 13 . 07 are in addition to any other obligation
court or arbitration or other dispute resolution costs ) or warranty . The provisions of this paragraph 13
. 07
arising out of or relating to such correction or removal shall not be construed as a substitute for or a
waiver
( including but not limited to all costs of repair or of the provisions of any applicable statute
of limitation
replacement of work of others ) . or repose .
13 . 07 Correction Period 13 . 08 Acceptance of Defective Work
A . If within one year after the date of Substantial A. If, instead of requiring correction or removal
Completion or such longer period of time as may be and replacement of defective Work , OWNER ( and
,
prescribed by Laws or Regulations or by the terms of prior to ENGINEER' s recommendation of final pay-
any applicable special guarantee required by the ment, ENGINEER) prefers to accept it, OWNER may
Contract Documents or by any specific provision of the do so . CONTRACTOR shall pay all Claims , costs ,
Contract Documents , any Work is found to be losses , and damages ( including but not limited to all
defective , or if the repair of any damages to the land fees and charges of engineers , architects , attorneys
,
or areas made available for CONTRACTOR's use by and other professionals and all court or arbitration or
OWNER or permitted by Laws and Regulations as other dispute resolution costs ) attributable to
contemplated in paragraph 6 . 11 .A is found to be OWNER ' s evaluation of and determination to accept
defective , CONTRACTOR shall promptly, without cost such defective Work ( such costs to be approved by
to OWNER and in accordance with OWNER' s written ENGINEER as to reasonableness ) and the diminished
instructions : ( i ) repair such defective land or areas , or value of the Work to the extent not otherwise paid
by
( ii ) correct such defective Work or , if the defective CONTRACTOR pursuant to this sentence .
If any
Work has been rejected by OWNER , remove it from such acceptance occurs prior to ENGINEER' s recom -
the Project and replace it with Work that is not mendation of final payment, a Change Order will be
defective , and ( iii ) satisfactorily correct or repair or issued incorporating the necessary revisions
in the
remove and replace any damage to other Work, to the Contract Documents with respect to the Work , and
work of others or other land or areas resulting there- OWNER shall be entitled to an appropriate decrease
from . If CONTRACTOR does not promptly comply in the Contract Price , reflecting the diminished value of
with the terms of such instructions , or in an Work so accepted . If the parties are unable to agree
emergency where delay would cause serious risk of as to the amount thereof, OWNER may make a Claim
loss or damage , OWNER may have the defective therefor as provided in paragraph 10 . 05 . If the
Work corrected or repaired or may have the rejected acceptance occurs after such recommendation , an
Work removed and replaced , and all Claims , costs , appropriate amount will be paid by CONTRACTOR to
losses , and damages ( including but not limited to all OWNER .
fees and charges of engineers , architects , attorneys ,
and other professionals and all court or arbitration or 13 . 09 OWNER May Correct Defective Work
other dispute resolution costs ) arising out of or relating
to such correction or repair or such removal and A. If CONTRACTOR fails within a reasonable
replacement ( including but not limited to all costs of time after written notice from ENGINEER to
correct
repair or replacement of work of others ) will be paid by defective Work or to remove and replace rejected
CONTRACTOR . Work as required by ENGINEER in accordance with
paragraph 13 . 06 . A , or if CONTRACTOR fails to
B . In special circumstances where a particular perform the Work in accordance with the Contract
item of equipment is placed in continuous service Documents , or if CONTRACTOR fails to comply with
before Substantial Completion of all the Work , the any other provision of the Contract Documents ,
correction period for that item may start to run from an OWNER may , after seven days written notice to
earlier date if so provided in the Specifications or by CONTRACTOR , correct and remedy any such
Written Amendment . deficiency .
00700 - General Conditions REV 04-07.doc
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B . In exercising the rights and remedies under 14 . 02 Progress Payments
this paragraph , OWNER shall proceed expeditiously.
In connection with such corrective and remedial A . Applications for Payments
action , OWNER may exclude CONTRACTOR from all
or part of the Site , take possession of all or part of the 1 . At least 20 days before the date
Work and suspend CONTRACTOR ' s services related established for each progress payment ( but not
thereto , take possession of CONTRACTOR' s tools , more often than once a month ) ,
appliances , construction equipment and machinery at CONTRACTOR shall submit to ENGINEER for
the Site , and incorporate in the Work all materials and review an Application for Payment filled out and
equipment stored at the Site or for which OWNER has signed by CONTRACTOR covering the Work
paid CONTRACTOR but which are stored elsewhere . completed as of the date of the Application and
CONTRACTOR shall allow OWNER , OWNER' s accompanied by such supporting
representatives , agents and employees , OWNER' s documentation as is required by the Contract
other contractors , and ENGINEER and ENGINEER' s Documents . If payment is requested on the
Consultants access to the Site to enable OWNER to basis of materials and equipment not
exercise the rights and remedies under this incorporated in the Work but delivered and
paragraph . suitably stored at the Site or at another location
agreed to in writing , the Application for Payment
C . All Claims , costs , losses , and damages shall also be accompanied by a bill of sale ,
( including but not limited to all fees and charges of invoice , or other documentation warranting that
engineers , architects , attorneys , and other OWNER has received the materials and equip -
professionals and all court or arbitration or other ment free and clear of all Liens and evidence
dispute resolution costs ) incurred or sustained by that the materials and equipment are covered
OWNER in exercising the rights and remedies under by appropriate property insurance or other
this paragraph 13 . 09 will be charged against CON - arrangements to protect OWNER's interest
TRACTOR , and a Change Order will be issued therein , all of which must be satisfactory to
incorporatingthe necessary revisions in the Contract OWNER .
. :Documents with respect to the Work ; and OWNER
shall be entitled to an appropriate decrease in the 2 . Beginning with the second
Contract Price . If the parties are unable to agree as to Application for Payment , each Application shall
the amount of the adjustment, OWNER may make a include an affidavit of CONTRACTOR stating
Claim therefor as provided in paragraph 10 . 05 . Such that all previous progress payments received
claims , costs , losses and damages will include but not on account of the Work have been applied on
be limited to all costs of repair , or replacement of work account to discharge CONTRACTOR' s
of others destroyed or damaged by correction , legitimate obligations associated with prior
removal , or replacement of CONTRACTOR's Applications for Payment .
defective Work .
3 . The amount of retainage with respect
D . CONTRACTOR shall not be allowed an to progress payments will be as stipulated in
extension of the Contract Times ( or Milestones ) the Agreement.
because of any delay in the performance of the Work
attributable to the exercise by OWNER of OWNER ' s B . Review of Applications
rights and remedies under this paragraph 13 . 09 .
1 . ENGINEER will , within 10 days after
receipt of each Application for Payment , either
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND indicate in writing a recommendation of
COMPLETION payment and present the Application to
OWNER or return the Application to
CONTRACTOR indicating in writing
14 . 01 Schedule of Values ENGINEER' s reasons for refusing to
recommend payment. In the latter case , CON -
A . The schedule of values established as provid- TRACTOR may make the necessary
ed in paragraph 2 . 07 .A will serve as the basis for corrections and resubmit the Application .
progress payments and will be incorporated into a
form of Application for Payment acceptable to ENGi - 2 . ENGINEER ' s recommendation of
NEER . Progress payments on account of Unit Price any payment requested in an Application for
Work will be based on the number of units completed . Payment will constitute a representation by
ENGINEER to OWNER , based on
00700 - General Condilions REV D4-07 .doc
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FAEngineenng\Special Projects\Eagle l-race Phase 2\Contract Documenls\Eagle Trace Subdivision Phase II\00700 - General Conditions REV 04-07 .doc
ENGINEER' s observations on the Site of the make any examination to ascertain how or for
executed Work as an experienced and qualified what purposes CONTRACTOR has used the
design professional and on ENGINEER' s moneys paid on account of the Contract Price ,
review of the Application for Payment and the or to determine that title to any of the Work,
accompanying data and schedules , that to the materials , or equipment has passed to
best of ENGINEER' s knowledge , information OWNER free and clear of any Liens .
and belief:
. 5 . ENGINEER may refuse to recorn -
a . the Work has progressed to the point mend the whole or any part of any payment if,
indicated ; in ENGINEER' s opinion , it would be incorrect to
make the representations to OWNER referred
b , the quality of the Work is generally in to in paragraph 14 . 023 . 2 . ENGINEER may
accordance with the Contract Documents also refuse to recommend any such payment
( subject to an evaluation of the Work as a or , because of subsequently discovered
functioning whole prior to or upon evidence or the results of subsequent
Substantial Completion , to the results of any inspections or tests , revise or revoke any such
subsequent tests called for in the Contract payment recommendation previously made , to
Documents , to a final determination of such extent as may be necessary in
quantities and classifications for Unit Price ENGINEER ' s opinion to protect OWNER from
Work under paragraph 9 . 08 , and to any loss because :
other qualifications stated in the
recommendation ) ; and a . the Work is defective , or completed-
Work
ompletedWork has been damaged , requiring
c . The conditions precedent to correction or replacement ;
CONTRACTOR' s being entitled to such
payment appear to have been fulfilled in so b . the Contract Price has been reduced
far as it is ENGINEER ' s responsibility to by Written Amendment or Change Orders ;
observe the Work .
c . OWNER has been required to correct
3 . By recommending any such defective Work or complete Work in accor-
payment ENGINEER will not thereby be dance with paragraph 13 . 09 ; or
deemed to have represented that : ( i ) inspec-
tions made to check the quality or the quantity d €N IAtE—FE, R h a, sze_Gf
of the Work as it has been performed have the occurr o the events 94;6 Pef-
been exhaustive , extended to every aspect ofr ^ "r 45 . 92 .A .
the Work in progress , or involved detailed
inspections of the Work beyond the responsk C . Payment Becomes Due
bilities specifically assigned to ENGINEER in
the Contract Documents ; or ( ii ) that there may I Teiq-4ays a#eF
not be other matters or issues between the Application for Payment to 0 with
parties that might entitle CONTRACTOR to be ENGINEER ' s recomi n , the amount
paid additionally by OWNER or entitle OWNER recommended will[, sect to the provisions of
to withhold payment to CONTRACTOR . paragra 2 . D ) become due , and when
d-by-OW�IE -te-G4WTRAGT9
4 . Neither ENGINEER'S review of
CONTRACTOR' s Work for the purposes of D . Reduction in Payment
recommending payments nor ENGINEER' s
recommendation of any payment , including final 1 . OWNER may refuse to make
payment , will impose responsibility on payment of the full amount recommended by
ENGINEER to supervise , direct, or control the ENGINEER because :
Work or for the means , methods , techniques ,
sequences , or procedures of construction , or a . claims have been made against
the safety precautions and programs incident OWNER on account of CONTRACTOR ' s
thereto , or for CONTRACTOR' s failure to performance or furnishing of the Work ;
comply with Laws and Regulations applicable to
CONTRACTOR' s performance of the Work . b . Liens have been filed in connection
Additionally, said review or recommendation will with the Work , except where
not impose responsibility on ENGINEER to CONTRACTOR has delivered a specific
00700 - General Conditions REV 04-07.doc
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FAEngineering\Special Projects\Eagle Trace Phase 2\Contract Documents\Eagle Trace Subdivision Phase II\00700 - General Conditions REV 04-07.doc
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 CONTRACTOR '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 .
00700 - General Conditions REV 04-07 .doc
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FAEngineering\Special Projects\Eagle Trace Phase 2\Contract Documents\Eagle Trace Subdivision Phase II\00700 - General Conditions REV 04-07 .doc
TRACTOR reasonable access to complete or correct
14 . 04 Substantial Completion items on the tentative list .
A . When CONTRACTOR considers the entire 14 . 05 Partial Utilization
Work ready for its intended use CONTRACTOR shall
notify OWNER and ENGINEER in writing that the - A . Use by OWNER at OWNER' s option of any
entire Work is substantially complete (except for items substantially completed part of the Work which has
specifically listed by CONTRACTOR as incomplete ) specifically been identified in the Contract Documents ,
and request that ENGINEER issue a certificate of or which OWNER , ENGINEER , and CONTRACTOR
Substantial Completion . Promptly thereafter, agree constitutes a separately functioning and usable
OWNER , CONTRACTOR , and ENGINEER shall part of the Work that can be used by OWNER for its
make an inspection of the Work to determine the intended purpose without significant interference with
status of completion . If ENGINEER does not consider CONTRACTOR ' s performance of the remainder of
the Work substantially complete , ENGINEER will the Work , may be accomplished prior to Substantial
notify CONTRACTOR in writing giving the reasons Completion of all the Work subject to the following
therefore . If € ISJC, 11SIRF sGpiwprs +--t;e'°lark conditions .
GGFR will aFe-and
deliTp.r to QTTIED a I to bstaatial 1 . OWNER at any time may request
� } ia} CONTRACTOR in writing to permit OWNER to
Cell - Them shall be attaphed te theGeFtifiGateuse any such part of the Work which OWNER
et9d or GeFFested believes to be ready for its intended use and
befeice #+Ra to e-seyel:l4ays substantially complete . If CONTRACTOR
e#ter FeGeipt ef the tel4tatWe-seFtifiGate d iii g-whmiG4449 agrees that such part of the Work is
4;;,ake - 1A4tteA-ebje43tiGR tGENGINFEER as-4e-afay substantially complete , CONTRACTOR will
{ evisIGRS e# the erti#i ist . I—,f, #tee certify to OWNER and ENGINEER that such
GORs}deriRg 6 G4 -objestiera6 €NGINd€ R -seRsl�es part of the Work is substantially complete and
that the Werk ly--GGMPIete; request ENGINEER to issue a certificate of
.EN64NJ € R i.vi}} hi Substantial Completion for that part of the
• et} Work. CONTRACTOR at any time may notify
4 --writ+ng-statiR�^ F ^ ^ s th OWNER and ENGINEER in writing that
saRs+derntten f n\ ntNER' s ^ hi ti ^ ^ � Gntnln EER CONTRACTOR considers any such part of the
cees+deFs --the 1119Fk substaR#a4l �— R;-p}ete-, Work ready for its intended use and substan-
iR a i tially complete and request ENGINEER to issue
} ,�nl }five a certificate of Substantial Completion for that
ser fixate- e# -Su#ste ia�-SeFR#etieR (With a reused part of the Work . Within a reasonable time
t$Rta aaplel:ed-el=-ser4:&C4ed4 after either such request, OWNER,
fe#lesb entat e-esr 44Gate CONTRACTOR , and ENGINEER shall make
^ & nl EE-R-be}iev9&4ust#}ed a#eF ensader-atierl-e# an inspection of that part of the Work to
any-ebjestises-#reaa--9WWF.= R . ^—,-,+ '1hP_ t`r419- ef deWGry determine its status of completion . If
of-the 4entatve-semi#irate-o# a+ bsta4ai Se rrDAoR ENGINEER does not consider that part of the
ENGINEERw4l4 - IAF tG Qk ,�N#�- and-(; QN 1 , AG- Work to be substantially complete , ENGINEER
R F9GGPRPPeR4at}s4--awill notify OWNER and CONTRACTOR in
4.8.5- aal--paye+eRt- between writing giving the reasons therefor . If
CANNIER @Rd mow} ENGINEER considers that part of the Work to
epeFatiGRI safetyr--and proteGtiOR Gf th9 be substantially complete , the provisions of
4:Raiwl 1 se;andAma4aRties paragraph 14 . 04 will apply with respect to
and —g6afiaRtees . --444ess--- F= R arab certification of Substantial Completion of that
part of the Work and the division of
GGo i ^ wFi+ i . ^ ; r4n� +o � E=: lsK; IN=F1= R ' rU responsibility in respect thereof and access
issa staRtial Qemp}e- thereto .
t ., GntrinlG � o _^r�FeSa+de69tkn
} 2 . No occupancy or separate operation
of part of the Work may occur prior to
compliance with the requirements of paragraph
B . OWNER shall have the right to exclude 5 . 10 regarding property insurance .
CONTRACTOR from the Site after the date of
Substantial Completion , but OWNER shall allow CON -
00700 - General Conditions REV 04-07.doc
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FAEngineering\Special Projects\Eagle Trace Phase 2\Contract Documents\Eagle Trace Subdivision Phase II\00700 - General Conditions REV 04-07.doc
14 . 06 Final Inspection
B . Review of Application and Acceptance
A. Upon written notice from CONTRACTOR that
the entire Work or an agreed portion thereof is 1 . If, on the basis of ENGINEER' s
complete , ENGINEER will promptly make a final observation of the Work during construction
inspection with OWNER and CONTRACTOR and will and final inspection , and ENGINEER Is review
notify CONTRACTOR in writing of all particulars in of the final Application for Payment and
which this inspection reveals that the Work is accompanying documentation as required by
incomplete or defective . CONTRACTOR shall the Contract Documents , ENGINEER is
immediately take such measures as are necessary to satisfied that the Work has been completed
complete such Work or remedy such deficiencies . and CONTRACTOR's other obligations under
the Contract Documents have been fulfilled ,
14 . 07 Final Payment ENGINEER will , within ten days after receipt of
the final Application for Payment, indicate in
A . Application for Payment writing ENGINEER' s recommendation of
payment and present the Application for
1 . After CONTRACTOR has , in the Payment to OWNER for payment . . At the same
opinion of ENGINEER , satisfactorily completed time ENGINEER will also give written notice to
all corrections identified during the final OWNER and CONTRACTOR that the Work is
inspection and has delivered , in accordance acceptable subject to the provisions of
with the Contract Documents , all maintenance paragraph 14 . 09 , Otherwise , ENGINEER will
and operating instructions , schedules , guaran - return the Application for Payment to
tees , Bonds , certificates or other evidence of CONTRACTOR , indicating in writing the
insurance certificates of inspection , marked -up reasons for refusing to recommend final
record documents ( as provided in paragraph payment , in which case CONTRACTOR shall
6 . 12 ) , and other documents , CONTRACTOR make the necessary corrections and resubmit
may make application for final payment follow- the Application for Payment .
ing the procedure for progress payments .
C . Payment Becomes Due
2 . The final Application for Payment
shall be accompanied ( except as previously 1 . Thirty days after the presentation to
delivered ) by: ( i ) all documentation called for in OWNER of the Application for Payment and
the Contract Documents , including but not accompanying documentation , the amount
limited to the evidence of insurance required by recommended by ENGINEER will become due
subparagraph 5 . 04 . 8 . 7 ; ( ii ) consent of the and , when due , will be paid by OWNER to
surety, if any, to final payment; and ( iii ) CONTRACTOR .
complete and legally effective releases or
waivers ( satisfactory to OWNER) of all Lien 14 . 08 Final Completion Delayed
rights arising out of or Liens filed in connection
with the Work . A. If, through no fault of CONTRACTOR , final
completion of the Work is significantly delayed , and if
3 . In lieu of the releases or waivers of ENGINEER so confirms , OWNER shall , upon receipt
Liens specified in paragraph 14A7 . A . 2 and as of CONTRACTOR' s final Application for Payment and
approved by OWNER, CONTRACTOR may recommendation of ENGINEER , and without terminat-
furnish receipts or releases in full and an ing the Agreement , make payment of the balance due
affidavit of CONTRACTOR that : ( i ) the releases for that portion of the Work fully completed and
and receipts include all labor , services , accepted . If the remaining balance to be held by
material , and equipment for which a Lien could OWNER for Work not fully completed or corrected is
be filed ; and ( ii ) all payrolls , material and less than the retainage stipulated in the Agreement,
equipment bills , and other indebtedness and if Bonds have been furnished as required in
connected with the Work for which OWNER or paragraph 5 . 01 , the written consent of the surety to
OWNER's property might in any way be the payment of the balance due for that portion of the
responsible have been paid or otherwise satis- Work fully completed and accepted shall be submitted
fied . If any Subcontractor or Supplier fails to by CONTRACTOR to ENGINEER with the Application
furnish such a release or receipt in full , CON- for such payment . Such payment shall be
made
TRACTOR may furnish a Bond or other under the terms and conditions governing final
collateral satisfactory to OWNER to indemnify payment , except that it shall not constitute a waiver of
OWNER against any Lien . Claims .
00700 - General Conditions REV 04-07 .doc
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FAEngineering\Special Projects\Eagle Trace Phase 2\Contract Documents\Eagle Trace Subdivision Phase 11\00700 General Conditions REV 04-07.doc
3 . CONTRACTOR's disregard of the
14 . 09 Waiver of Claims authority of ENGINEER ; or
A , The making and acceptance of final payment 4 . CONTRACTOR's violation in any
will constitute : substantial way of any provisions of the
Contract Documents .
1 . a waiver of all Claims by OWNER
against CONTRACTOR, except Claims arising B . If one or more of the events identified in
from unsettled Liens , from defective Work paragraph 15 . 02 .A occur, OWNER may, after giving
appearing after final inspection pursuant to CONTRACTOR ( and the surety, if any) seven days
paragraph 14 . 06 , from failure to comply with the written notice , terminate the services of
Contract Documents or the terms of any special CONTRACTOR , exclude CONTRACTOR from the
guarantees specified therein , or from Site , and take possession of the Work and of all
CONTRACTOR' s continuing obligations under CONTRACTOR' s tools , appliances , construction
the Contract Documents ; and equipment, and machinery at the Site , and use the
same to the full extent they could be used by
2 . a waiver of all Claims by CONTRAC- CONTRACTOR (without liability to CONTRACTOR for
TOR against OWNER other than those trespass or conversion ) , incorporate in the Work all
previously made in writing which are still materials and equipment stored at the Site or for
unsettled . which OWNER has paid CONTRACTOR but which
are stored elsewhere , and finish the Work as OWNER
may deem expedient. In such case , CONTRACTOR
ARTICLE 15 - SUSPENSION OF WORK AND shall not be entitled to receive any further payment
TERMINATION 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
15 . 01 OWNER May Suspend Work charges of engineers , architects , attorneys , and other
professionals and all court or arbitration or other
A . At any time and without cause , OWNER may dispute resolution costs ) sustained by OWNER arising
suspend the Work or any portion thereof for a period out of or relating to completing the Work, such excess
of not more than 90 consecutive days by notice in will be paid to CONTRACTOR . If such claims , costs ,
writing to CONTRACTOR and ENGINEER which will losses , and damages exceed such unpaid balance ,
fix the date on which Work will be resumed . CON- CONTRACTOR shall pay the difference to OWNER.
TRACTOR shall resume the Work on the date so Such claims , costs , losses , and damages incurred by
fixed . CONTRACTOR shall be allowed an adjustment OWNER will be reviewed by ENGINEER as to their
in the Contract Price or an extension of the Contract reasonableness and , when so approved by
Times , or both , directly attributable to any such ENGINEER, incorporated in a Change Order . When
suspension if CONTRACTOR makes a Claim therefor exercising any rights or remedies under this
as provided in paragraph 10 . 05 . paragraph OWNER shall not be required to obtain the
lowest price for the Work performed .
15 . 02 OWNER May Terminate for Cause
C . Where CONTRACTOR' s services have been
A. The occurrence of any one or more of the so terminated by OWNER, the termination will
not ,
following events will justify termination for cause : affect any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
1 . CONTRACTOR's persistent failure accrue . Any retention or payment of moneys due
to perform the Work in accordance with the CONTRACTOR by OWNER will not release CON-
Contract Documents ( including , but not limited TRACTOR from liability.
to , failure to supply sufficient skilled workers or
suitable materials or equipment or failure to 15 . 03 OWNER May Terminate For Convenience
adhere to the progress schedule established
under paragraph 2 . 07 as adjusted from time to A. Upon seven days written notice to CON-
time pursuant to paragraph 6 . 04) ; TRACTOR and ENGINEER, OWNER may, without
cause and without prejudice to any other right or
2 . CONTRACTOR's disregard of Laws remedy of OWNER , elect to terminate the Contract.
or Regulations of any public body having In such case , CONTRACTOR shall be paid (without
jurisdiction ; duplication of any items ) :
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1 . for completed and acceptable Work or Contract Times or otherwise for expenses or
executed in accordance with the Contract damage directly attributable to CONTRACTOR ' s
Documents prior to the effective date of stopping the Work as permitted by this paragraph .
termination , including fair and reasonable sums
for overhead and profit on such Work ;
2 . for expenses sustained prior to the ARTICLE 16 - DISPUTE RESOLUTION
effective date of termination in performing
services and furnishing labor, materials , or 16 . 01 Methods and Procedures
equipment as required by the Contract
Documents in connection with uncompleted A . Dispute resolution methods and procedures , if
Work, plus fair and reasonable sums for any, shall be as set forth in the Supplementary
overhead and profit on such expenses ; Conditions . If no method and procedure has been set
forth , and subject to the provisions of paragraphs 9 . 09'
3 . for all claims , costs , losses , and and 10 . 05 , OWNER and CONTRACTOR may
damages ( including but not limited to all fees exercise such rights or remedies as either may
and charges of engineers , architects , attorneys , otherwise have under the Contract Documents or by
and other professionals and all court or Laws or Regulations in respect of any dispute .
arbitration or other dispute resolution costs ) in-
curred in settlement of terminated contracts
with Subcontractors , Suppliers , and others ; and ARTICLE 17 - MISCELLANEOUS
4 . for reasonable expenses directly
attributable to termination . 17 . 01 Giving Notice
B . CONTRACTOR shall not be paid on account A . Whenever any provision of the Contract
of loss of anticipated profits or revenue or other eco- Documents requires the giving of written notice , it
will
nomic loss arising out of or resulting from such be deemed to have been validly given if delivered in
termination . person to the individual or to a member of the firm or
to an officer of the corporation for whom it is intended ,
Term CONTRACTOR May Stop Work or or if delivered at or sent by registered or certified mail ,
Terminate postage prepaid , to the last business address known
A . If, through no act or fault of CONTRACTORto the giver of the notice .,
the Work is suspended for more than 90 consecutive 17 . 02 Computation of Times
days by OWNER or under an order of court or other
public authority, or ENGINEER fails to act on any A. When any period of time is referred to in
the
Application for Payment within 30 days after it is Contract Documents by days , it will be computed
to
submitted , or OWNER fails for 30 days to pay CON- exclude the first and include the last day
of such
TRACTOR any sum finally determined to be due , then period . If the last day of any such period falls on
a
CONTRACTOR may, upon seven days written notice Saturday or Sunday or on a day made a legal holiday
to OWNER and ENGINEER, and provided OWNER by the law of the applicable jurisdiction , such day will
or ENGINEER do not remedy such suspension or be omitted from the computation .
failure within that time, terminate the Contract and
recover from OWNER payment on the same terms as 17 . 03 Cumulative Remedies
provided in paragraph 15 . 03 . In lieu of terminating the
Contract and without prejudice to any other right or A . The duties and obligations imposed by these
remedy, if ENGINEER has failed to act on an General Conditions and the rights and remedies avail-
Application for Payment within 30 days after it is able hereunder to the parties hereto are in addition
to ,
submitted , or OWNER has failed for 30 , days to pay and are not to be construed in any way as a limitation
CONTRACTOR any sum finally determined to be due , of, any rights and remedies available to any or all of
CONTRACTOR may, seven days after written notice them which are otherwise imposed or available by
to OWNER and ENGINEER , stop the Work until Laws or Regulations , by special warranty or
payment is made of all such amounts due guarantee , or by other provisions of the Contract
CONTRACTOR, including interest thereon . The Documents , and the provisions of this paragraph will
provisions of this paragraph 15 . 04 are not intended to be as effective as if repeated specifically in the
preclude CONTRACTOR from making a Claim under Contract Documents in connection with each
paragraph 10 . 05 for an adjustment in Contract Price
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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 Article Number
Introduction SC - 1 . 00
Defined Terms SC — 1 . 01
Before Starting Construction SC —2 . 05
Preconstruction Conference SC — 2 . 06
Coordination of Plans , Specifications , and Special Provisions SC — 3 . 06
Performance , Payment and Other Bonds SC — 5 . 01
Certificates of Insurance SC — 5 . 03
CONTRACTOR' S Liability Insurance SC — 5 . 04
OWNER' s Liability Insurance SC — 5 . 05
Property Insurance SC — 5 . 06
Waiver of Rights SC — 5 . 07
Receipt and Application of Insurance Proceeds SC — 5 . 08
Labor; Working Hours SC — 6 . 02
Concerning Subcontractors , Suppliers and Others SC — 6 . 06
Permits d SC — 6 . 08
Taxes SC — 6 . 10
Test and Inspections SC — 13 . 03
OWNER May Stop the Work SC — 13 . 05
Progress Payments SC — 14 . 02
Mediation SC — 16 . 02
Miscellaneous SC — 17 . 00
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L
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
r 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 All A. 20 Add the following language at the end of GC- 1 . 01 .A. 20 :
ENGINEER'S CONSULTANT: Name William B . Zentz & Associates , Inc.
Address 684 Old Dixie Highway
City , State , Zip Vero Beach , Florida 32960
Phone (772) 567-7552
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 discuss and coordinate work.
SC-3.06 Coordination of Plans, Specifications, and Special Provisions
SC4 . 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
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2 . Addenda
3 . Specifications
4 . Supplementary Conditions to the General Conditions
5 . General Conditions
6 . Approved Shop Drawings
7 . Drawings
8 . Referenced Standards .
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 ,r
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. +I
SC - 5 . 04 CONTRACTOR ' s Liability Insurance
SC- 5 . 04 Add the following new paragraphs immediately after paragraph GC- 5. 04 . 8:
C . 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
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- 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
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 Is
liability insurance policies :
a . NONE
b ;
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SC -5 . 05 OWNER ' s Liability Insurance
SC- 5 . 05 Delete paragraph GC- 5. 05. A in its entirety.
SC -5 . 06 Property Insurance
SC-5 . 06 Delete paragraphs GC- 5. 06. A, B, 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 ri
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 :
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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
SC -5. 07 Waiver of Rights
Delete GC-5. 07 (paragraphs A, B, and C) in its entirety.
SC 5 . 07
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 . 8 . 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' s 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.
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SC-6 . 08 Permits
SC-6 . 08 Add the following paragraph immediately after paragraph GC-6 . 08 .A:
B . 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 material and
equipment .
SC -13 . 03 Test and Inspections
SC- 13 . 03 . 13 . Delete paragraph GC43. 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 . 13 shall be paid as provided in said paragraph 13 . 04 . 13 ;
3 , tests otherwise specifically provided in the Contract Documents .
13 .05 OWNER May Stop the Work
SCA 3 . 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 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 .
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14. 02 Progress Payments
SC- 14 . 02 . 13 . 5 . Delete paragraph GC44. 02. B. 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 .
r
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.
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
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. 048:
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SC- 14 . 0413 Add the following new paragraph immediately after paragraph GC 14. 048:
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 -16 DISPUTE RESOLUTION
SC -16 . 02 Mediation
SC- 16 Add the following new paragraph immediately after paragraph GC- 16. 01 .
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
No .
DATE OF ISSUANCE : EFFECTIVE DATE :
OWNER : Indian River County
CONTRACTOR
Contract :
Project :
OWNER' s Contract No . ENGINEER' s Contract No ,
ENGINEER
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 : CHANGE IN CONTRACT TIMES
Description Amount Description Ti7dates )
Original Contract Price $ Original Contract Time : (d
Substantial Completion :
Final Completion :
Net Increase ( Decrease ) from $ Net change from previous Change
previous Change Orders No . Orders No . to ( days )
to Substantial Completion :
Final Completion :
Contract Price prior to this $ Contract Time prior to this Change
Change Order : Order : ( days or dates )
Substantial Completion :
Final Completion :
Net increase ( decrease ) of this $ Net increase ( decrease) this
Change Order: Change Order : ( days or dates )
Substantial Completion :
Final Completion : ..
Contract Price with all approved $ Contract Time with all approved
Change Orders : Change Orders : ( days or dates )
Substantial Completion :
Final Completion :
ACCEPTED : RECOMMENDED : APPROVED :
By :
By : By :
CONTRACTOR ( Signature ) ENGINEER ( Signature ) OWNER ( Signature )
Date : Date :
Date :
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SECTION 00946 - Field Order Form
Field Change No . :
DATE OF ISSUANCE : EFFECTIVE DATE :
OWNER : Indian River County
CONTRACTOR
Contract :
Project :
OWNER' s Contract No . ENGINEER' s Contract No .
ENGINEER :
Field Activity Description :
Reason for Change :
Recommended Disposition :
Field Operations Officer / Engineer ( Signature ) Date
Disposition :
Contractor' s Onsite Supervisor ( Signature ) Date
Distribution : Field Operations Officer Others as Required :
On -site Supervisor
Project File
* * END OF SECTION
00946 - Field Order Form REV 04-07 .doc
FAEngineering\Special Projects\Eagle Trace Phase 2\Contract Documents\Eagle Trace Subdivision Phase 11\00946 - Field Order
Form REV 04-07 . doc
SECTION 00948 - Work Change Directive
No .
EFFECTIVE DATE :
DATE OF ISSUANCE :
OWNER : Indian River County
CONTRACTOR :
Contract :
Project :
OWNER ' s Contract No . ENGINEER' s Contract No .
ENGINEER :
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 Method of determining change in
Contract Prices : Contract Times
II Unit Prices II Contractor' s Records
II Lump Sum ❑ Engineer' s Records
II Other : ❑ Other :
j� By Change Order : By Change Order:
Estimated increase ( decrease ) in Contract Price : Estimated increase ( decrease ) in Contract Times :
$ Substantial Completion : days ;
Ready for Final Completion : days .
If the change involves an increase , the estimated If the change involves an increase , the estimated
amount is not to be exceeded without further time is not to be exceeded without further
authorization . authorization .
RECOMMENDED : AUTHORIZED :
By : By :
ENGINEER (Authorized Signature ) OWNER (Authorized Signature )
Date : Date :
* * END OF SECTION
F:\Engineering\Special Projects\Eagle Trace Phase 2\Contract Documents\Eagle Trace Subdivision Phase II\00948 - Work Change
Directive REV 04-07 .doc
DIVISION 1
GENERAL REQUIREMENTS
FAEngineering\Special Projects\Eagle Trace Phase 2\Contract Documents\Eagle Trace Subdivision Phase II\DIVISION 1
Cover Sheet.doc