25-4627_BIDDING DOCUMENTS_02-28-2025_reduced.pdf

Project title:

Owner:

Date:

DDGi Project No.:

Designer:

Phone:

Fax:

Document No. GCC201 Contract Type: General Conditions for Construction for the following PROJECT:

Grandstand Maintenance Escanaba Area Public Schools Escanaba, Michigan

THE OWNER:

Escanaba Area Public Schools 1500 Ludington Street Escanaba, Michigan

THE ARCHITECT/ENGINEER:

Dynamic Design Group, inc.

900 1st Avenue South, Suite A Escanaba, MI 49829

TABLE OF ARTICLES

1 GENERAL PROVISIONS

2 OWNER

3 CONTRACTOR

4 ARCHITECT/ENGINEER

5 SUBCONTRACTORS

6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

7 CHANGES IN THE WORK

8 TIME

9 PAYMENTS AND COMPLETION

10 PROTECTION OF PERSONS AND PROPERTY

11 INSURANCE AND BONDS

12 UNCOVERING AND CORRECTION OF WORK

13 MISCELLANEOUS PROVISIONS

14 TERMINATION OR SUSPENSION OF THE CONTRACT

15 CLAIMS AND DISPUTES

Contract Type: General Conditions for Construction Page 2 of 44

INDEX

(Numbers and Topics preceded with '*' are Section Headings)

Acceptance of Nonconforming Work:

9.6.6, 9.9.3, 12.3 Acceptance of Work:

9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work:

3.16, 6.2.1, 12.1 Accident Prevention:

Acts and Omissions:

3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7.1, 14.1,15.2 Addenda:

1.1.1, 3.11.1 Additional Costs, Claims for:

3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3,15.1.4 Additional Inspections and Testing:

9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for:

3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2,15.1.5 Administration of the Contract:

3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid:

1.1.1 Aesthetic Effect:

4.2.13 Allowances:

3.8, 7.3.8 All-risk Insurance:

11.3.1, 11.3.1.1 Applications for Payment:

4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.10, 11.1.3 Approvals:

2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1 Arbitration:

8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4

ARCHITECT/ENGINEER:

Architect/Engineer, Definition of:

4.1.1 Architect/Engineer, Extent of Authority:

2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3.1, 7.1.2, 7.3.7, 7.4, 9.2.1, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect/Engineer, Limitations of Authority and Responsibility: 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4.1, 9.4.2, 9.5.3, 9.6.4,15.1.3, 15.2 Architect/Engineer's Additional Services and Expenses:

Architect/Engineer's Administration of the Contract:

3.1.3, 4.2, 3.7.4,15.2, 9.4.1, 9.5 Architect/Engineer's Approvals:

2.4.1, 3.1.3, 3.5.1, 3.10.2, 4.2.7 Architect/Engineer's Authority to Reject Work:

3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect/Engineer's Copyright:

1.1.7,1.5 Architect/Engineer's Decisions:

3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3.1,7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2.1, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2,15.3 Architect/Engineer's Inspections:

3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1,13.5 Architect/Engineer's Instructions:

3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect/Engineer's Interpretations:

4.2.11,4.2.12 Architect/Engineer's Project Representative:

4.2.10 Architect/Engineer's Relationship with Contractor:

1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4,3.3.1,3.4.2, 3.5.1, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Architect/Engineer's Relationship with Subcontractors:

1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect/Engineer's Representations:

9.4.2, 9.5.1, 9.10.1 Architect/Engineer’s Site Visits:

3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1,13.5 Asbestos:

10.3.1 Attorneys' Fees:

3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts:

6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work:

5.2 Basic Definitions:

1.1 Bidding Requirements:

1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution:

9.7.1, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1 Boiler and Machinery Insurance:

11.3.2 Bonds, Lien:

7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment:

7.3.6.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Building Permit:

Contract Type: General Conditions for Construction Page 3 of 44

2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 3.7.1 Capitalization 1.3

Certificate of Substantial Completion:

9.8.3, 9.8.4, 9.8.5 Certificates for Payment:

4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, 9.10.3, 14.1.1.3. 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval:

13.5.4 Certificates of Insurance:

9.10.2, 11.1.3 Change Orders:

1.1.1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2,11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of:

7.2.1

CHANGES IN THE WORK:

2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 7.4.1, 8.3.1, 9.3.1.1, 11.3.9 Claims, Definition of:

15.1.1

CLAIMS AND DISPUTES:

3.2.4, 6.1.1, 6.3.1, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims:

15.4.1 Claims for Additional Cost:

3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time:

3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for:

3.7.4 Claims for Damages:

3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4,15.1.6 Claims Subject to Arbitration:

15.3.1. 15.4.1 Cleaning Up:

3.15, 6.3 Commencement of the Work, Conditions Relating to:

2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1 15.1.4 Commencement of the Work, Definition of:

8.1.2 Communications Facilitating Contract Administration:

3.9.1, 4.2.4 Completion, Conditions Relating to:

3.4.1, 3.11, 3.15, 4.2.2, 4.2.9. 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2

COMPLETION, PAYMENTS AND:

Completion, Substantial:

Compliance with Laws:

1.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions:

3.7.4, 4.2.8. 8.3.1, 10.3 Conditions of the Contract:

1.1.1, 6.1.1, 6.1.4 Consent, Written:

3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2., 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Consolidation or Joinder 15.4.4

CONSTRUCTION BY OWNER OR BY SEPARATE

CONTRACTORS:

1.1.4, 6 Construction Change Directive, Definition of:

7.3.1 Construction Change Directives:

1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules. Contractor's:

3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts:

5.4, 14.2.2.2 Continuing Contract Performance:

15.1.3 Contract, Definition of:

1.1.2

CONTRACT, TERMINATION OR SUSPENSION OF

THE:

5.4.1.1, 11.3.9, 14 Contract Administration:

3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to:

3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, The:

1.1.1 Contract Documents, Copies Furnished and Use of:

1.5.2, 2.2.5, 5.3 Contract Documents, Definition of:

1.1.1 Contract Sum:

3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4.

9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Sum, Definition of:

9.1 Contract Time:

3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7.1, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of:

Contract Type: General Conditions for Construction Page 4 of 44

4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7

8.1.1

CONTRACTOR:

Contractor, Definition of:

3.1, 6.1.2

Contractor's Construction Schedules:

3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor's Employees:

3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6. 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1, Contractor's Liability Insurance:

11.1 Contractor's Relationship with Separate Contractors and Owner's Forces:

3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors:

1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor's Relationship with the Architect/Engineer:

1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9.

10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor's Representations:

3.2.1, 3.2.2, 3.5.1, 3.12.6, 6.2.2, 8.2.1. 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work:

3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1,10.2.8 Contractor's Review of Contract Documents:

3.2 Contractor's Right to Stop the Work:

9.7 Contractor's Right to Terminate the Contract:

14.1, 15.1.6 Contractor's Submittals:

3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor's Superintendent:

3.9, 10.2.6 Contractor's Supervision and Construction Procedures:

1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance:

11.1.1.8, 11.2 Coordination and Correlation:

1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications:

1.5, 2.2.5, 3.11 Copyrights:

1.5, 3.17 Correction of Work:

2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, Correlation and Intent of the Contract Documents:

1.2

Damage to Construction of Owner or Separate Contractors:

3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work:

3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4 Damages. Claims for:

3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1,

11.3.5. 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay:

6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of:

8.1.2 Date of Substantial Completion, Definition of:

8.1.3 Day, Definition of:

8.1.4 Decisions of the Architect/Engineer:

3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2.1, 9.4, 9.5.1, 9.8.4, 9.9.1,13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification:

9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of:

2.3.1, 2.4.1, 3.5.1, 4.2.6. 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Defective Work, Definition of:

3.5.1 Definitions:

1.1, 2.1.1, 3.1.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1. 8.1, 9.1. 9.8.1 Delays and Extensions of Time:

3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Disputes:

6.3.1, 7.3.9, 15.1, 15.2 Documents and Samples at the Site:

3.11 Drawings, Definition of:

1.1.5 Drawings and Specifications, Use and Ownership of:

3.11 Effective Date of Insurance:

8.2.2, 11.1.2 Emergencies:

10.6, 14.1.1.2, 15.1.4 Employees, Contractor’s:

3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Equipment, Labor, Materials or:

1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13.1, Contract Type: General Conditions for Construction Page 5 of 44

Cost, Definition of:

7.3.7 Costs:

2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1. 6.2.3, 7.3.3.3, 7.3.7, 7.3.8,7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching:

3.14, 6.2.5

3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7. 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work:

1.1.3, 1.2.1, I.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1,3.4.1, 3.5.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3

Extensions of Time:

3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4.1, 9.5.1, 9.7.1, 10.3.2, 10.4.1. 14.3, 15.1.5, 15.2.5 Failure of Payment:

9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2, Faulty Work:

(See Defective or Nonconforming Work) Final Completion and Final Payment:

4.2.1, 4.2.9, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3.1, 14.2.4, 14.4.3 Financial Arrangements, Owner's:

2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance:

11.4

GENERAL PROVISIONS:

Governing Law:

13.1 Guarantees (See Warranty) Hazardous Materials:

10.2.4, 10.3 Identification of Subcontractors and Suppliers:

5.2.1 Indemnification:

3.17.1, 3.18, 9.10.2, 10.3.3,10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner:

2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2.1, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision:

15.2 Initial Decision Maker, Definition of :

1.1.8 Initial Decision Maker, Decisions:

14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority:

14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property:

10.2.8, 10.4.1 Inspections:

3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders:

1.1.1 Instructions to the Contractor:

3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Instruments of Service, Definition of:

Insurance, Loss of Use:

11.3.3 Insurance, Owner’s Liability:

11.2 Insurance, Property:

10.2.5, 11.3 Insurance, Stored Materials:

9.3.2, 11.4.1.4

INSURANCE AND BONDS

Insurance Companies, Consent to Partial Occupancy:

9.9.1, 11.4.1.5 Insurance Companies, Settlement with:

11.4.10 Intent of the Contract Documents:

1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest:

13.6 Interpretation:

1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written:

4.2.11, 4.2.12, 15.1.4 Judgment on Final Award:

15.4.2 Labor and Materials, Equipment:

1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes:

8.3.1 Laws and Regulations:

1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13.1, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 13.6.1, 14, 15.2.8, 15.4 Liens:

2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of:

12.2.5, 13.7, 15.4.1.1 Limitations of Liability:

2.3.1, 3.2.2, 3.5.1, 3.12.10, 3.17.1, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2.1, 11.3.7, 12.2.5, 13.4.2 Limitations of Time:

2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5,3.15.1, 4.2.7, 5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2.1, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.71, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5,11.3.6,11.3.10,12.2,13.5,13.7,14,15 Loss of Use Insurance:

Contract Type: General Conditions for Construction Page 6 of 44

1.1.7 Insurance:

3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery:

11.3.2 Insurance, Contractor’s Liability:

11.1 Insurance Effective Date of 8.2.2, 11.1.2

11.4.3 Material Suppliers:

1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous:

10.2.4, 10.3 Materials, Labor, Equipment and:

1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5.1. 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2,

9.3.3. 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2

Means, Methods. Techniques, Sequences and Procedures of Construction:

3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien:

2.1.2, 15.2.8 Mediation:

8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1 Minor Changes in the Work:

1.1.1, 3.12.8, 4.2.8, 7.1, 7.4

MISCELLANEOUS PROVISIONS:

Modifications, Definition of:

1.1.1 Modifications to the Contract:

1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7.1, 10.3.2, 11.3.1 Mutual Responsibility:

6.2 Nonconforming Work, Acceptance of:

9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of:

2.3.1, 2.4.1, 3.5.1, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice:

2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7.1, 9.10, 10.2.2, 11.1.3, 11.4.6, 12.2.2.1, 13.3.

13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 Notice, Written:

2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9. 3.12.10, 5.2.1, 9.7.1, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3.7.4, 4.5, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections:

13.5.1, 13.5.2 Observations, Contractor's:

3.2, 3.7.4 Occupancy:

2.2.2, 9.6.6, 9.8, 11.3.1.5 Orders, Written:

1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1

OWNER:

Owner, Definition of:

2.1.1

Owner's Financial Capability:

2.2.1, 13.2.2, 14.1.1.4 Owner's Liability Insurance:

11.2 Owner's Loss of Use Insurance:

11.3.3 Owner's Relationship with Subcontractors:

1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work:

2.4, 14.2.2 Owner's Right to Clean Up:

6.3 Owner's Right to Perform Construction and to Award Separate Contracts:

6.1 Owner's Right to Stop the Work:

2.3 Owner's Right to Suspend the Work:

14.3 Owner's Right to Terminate the Contract:

14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service:

1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, .3.2.2, 3.11.1, 3.17.1, 4.2.12, 5.3.1 Partial Occupancy or Use:

9.6.6, 9.9, 11.3.1.5 Patching, Cutting and:

3.14, 6.2.5 Patents:

3.17 Payment, Applications for:

4.2.5, 7.3.9, 9.2.1, 9.3, 9.4, 9.5, 9.6.3, 9.7.1, 9.8.5.

9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for:

4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of:

9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2, Payment, Final:

4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3. 11.4.1, 11.4.5, 12.3.1, 13.7, 14.2.4. 14.4.3 Payment Bond, Performance Bond and:

7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4 Payments, Progress:

9.3. 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3

PAYMENTS AND COMPLETION:

Contract Type: General Conditions for Construction Page 7 of 44

Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1,9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2.1, 11.3,13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner's Authority:

1.5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3.1, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7

Payments to Subcontractors:

5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 11.4.8, 14.2.1.2

PCB:

10.3.1 Performance Bond and Payment Bond:

7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.4 Permits, Fees and Notices and Compliance with Laws:

2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2

PERSONS AND PROPERTY, PROTECTION OF:

Polychlorinated Biphenyl:

10.3.1 Product Data, Definition of:

3.12.2 Product Data and Samples, Shop Drawings:

3.1 1 , 3.12, 4.2.7 Progress and Completion:

4.2.2, 8.2, 9.8, 9.9.1, 14.1.4,15.1.3 Progress Payments:

9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of the:

1.1.4 Project Representatives:

4.2.10 Property Insurance:

10.2.5, 11.3

PROTECTION OF PERSONS AND PROPERTY:

Regulations and Laws:

1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.4.1, 9.6.4, 9.9.1, 10.2.2, 11.1,11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Rejection of Work:

3.5.1, 4.2.6, 12.2.1 Releases and Waivers of Liens:

9.10.2 Representations:

3.2.1, 3.5.1, 3.12.6, 6.2.2. 8.2.1, 9.3.3, 9.4.2, 9.5.1.

9.8.2, 9.10.1 Representatives:

2.1.1, 3.1.1,3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work:

3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage:

9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect/Engineer:

3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2, Review of Shop Drawings, Product Data and

Safety Precautions and Programs:

3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.4 Samples, Definition of:

3.12.3 Samples, Shop Drawings, Product Data and:

3.11, 3.12, 4.2.7 Samples at the Site, Documents and:

3.11 Schedule of Values:

9.2, 9.3.1 Schedules, Construction:

1.4.1.2, 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors:

1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 11.4.7, 12.1.2 Shop Drawings, Definition of:

3.12.1 Shop Drawings, Product Data and Samples:

3.11, 3.12, 4.2.7 Site, Use of:

3.13, 6.1.1, 6.2.1 Site Inspections:

3.2.2, 3.3.3, 3.7.1, 4.2, 9.4.2, 9.10.1,13.5 Site Visits, Architect/Engineer's:

3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing:

4.2.6, 12.2.1, 13.5 Specifications, Definition of the:

1.1.6 Specifications, The:

1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Statute of Limitations:

13.7, 15.4.1.1 Stopping the Work:

2.3, 9.7, 10.3, 14.1 Stored Materials:

6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Subcontractor, Definition of:

5.1.1

SUBCONTRACTORS:

Subcontractors, Work by:

1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Sub contractual Relations:

Contract Type: General Conditions for Construction Page 8 of 44

Samples by Contractor 3.12 Rights and Remedies:

1.1.2, 2.3, 2.4, 3.5.1, 3.7.4, 3.15.2, 4.2.6, 4.5, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4. 13.4, 14, 15.4 Royalties, Patents and Copyrights:

3.17 Rules and Notices for Arbitration:

15.4.1 Safety of Persons and Property:

10.2, 10.4

5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 11.4.7, 11.4.8, 14.1, 14.2.1 Submittals:

3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittals Schedule:

3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of:

6.1.1, 11.4.5, 11.3.7 Substantial Completion:

4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3,

12.2. 13.7

Substantial Completion, Definition of:

9.8.1 Substitution of Subcontractors:

5.2.3, 5.2.4 Substitution of Architect/Engineer:

4.1.3 Substitutions of Materials:

3.4.2, 3.5.1, 7.3.8 Sub-subcontractor, Definition of:

5.1.2 Subsurface Conditions:

3.7.4 Successors and Assigns:

13.2 Superintendent:

3.9, 10.2.6 Supervision and Construction Procedures:

1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety:

5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2,15.2.7 Surety, Consent of:

9.10.2, 9.10.3 Surveys:

2.2.3 Suspension by the Owner for Convenience:

14.3 Suspension of the Work:

5.4.2, 14.3 Suspension or Termination of the Contract:

5.4.1.1, 11.4.9, 14 Taxes:

3.6, 3.8.2.1, 7.3.6.4 Termination by the Contractor:

14.1, 15.1.6 Termination by the Owner for Cause:

5.4.1.1, 14.2, 15.1.6 Termination by Owner for Convenience:

14.4 Termination of the Architect/Engineer:

4.1.3 Termination of the Contractor:

14.2.2

Time Limits:

2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 4.4, 4.5, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4 Time Limits on Claims:

3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work:

9.3.2, 9.3.3 Transmission of Data in Digital Form:

1.6

UNCOVERING AND CORRECTION OF WORK:

Uncovering of Work:

12.1 Unforeseen Conditions, Concealed or Unknown:

3.7.4, 8.3.1, 10.3 Unit Prices:

7.3.3.2, 7.3.4 Use of Documents:

1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site:

3.13, 6.1.1. 6.2.1 Values, Schedule of:

9.2, 9.3.1 Waiver of Claims by the Architect/Engineer:

13.4.2 Waiver of Claims by the Contractor:

9.10.5, 11.4.7, 13.4.2, 15.1.6 Waiver of Claims by the Owner:

9.9.3, 9.10.3, 9.10.4, 11.4.3. 11.4.5, 11.4.7, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages:

14.2.4, 15.1.6 Waiver of Liens:

9.10.2, 9.10.4 Waivers of Subrogation:

6.1.1. 11.4.5, 11.3.7 Warranty:

3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2,13.7.1 Weather Delays:

15.1.5.2

Contract Type: General Conditions for Construction Page 9 of 44

TERMINATION OR SUSPENSION OF THE

CONTRACT:

Tests and Inspections:

3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5

TIME:

Time, Delays and Extensions of:

3.2.4, 3.74, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5

Work, Definition of:

1.1.3 Written Consent:

1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations:

4.2.11, 4.2.12, Written Notice:

2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders:

1.1.1, 2.3, 3.9, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2

Contract Type: General Conditions for Construction Page 10 of 44

ARTICLE 1 GENERAL PROVISIONS

§ 1.1 BASIC DEFINITIONS

§ 1.1.1 THE CONTRACT DOCUMENTS

The Contract Documents are enumerated in the Agreement between Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions). Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect/Engineer. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding requirements.

1.1.1.1 ARCHITECT/ENGINEER

Architect/Engineer shall mean Architect, Engineer or Designer that is the Registered Design Professional either Engineer or Architect licensed in the state the work is performed. For the purpose of the Construction and Contract Documents the terms Architect, Engineer or Designer may be used interchangeably to mean the Registered Design Professional.

§ 1.1.2 THE CONTRACT

The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect/Engineer or the Architect/Engineer’s consultants, (2) between the Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and Architect/Engineer or the Architect/Engineer’s consultants or (4) between any persons or entities other than the Owner and Contractor. The Architect/Engineer shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect/Engineer's duties.

§ 1.1.3 THE WORK

The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.

§ 1.1.4 THE PROJECT

The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors.

§ 1.1.5 THE DRAWINGS

The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

§ 1.1.6 THE SPECIFICATIONS

The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

§ 1.1.7 INSTRUMENTS OF SERVICE

Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect/Engineer and the Architect/Engineer’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials.

Contract Type: General Conditions for Construction Page 11 of 44

§ 1.1.8 INITIAL DECISION MAKER

The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2.

§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.

SECTION 1.2.1.1 In the case of conflicts or discrepancies between Drawings and Divisions 2-49 of the Specifications, or within or among the Contract Documents and not clarified by Addendum, the Architect/Engineer will determine which takes precedence in accordance with Sections 4.2.11, 4.2.12, and 4.2.13.

§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

§ 1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

§ 1.3 CAPITALIZATION

Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architect/Engineers.

§ 1.3.1 CONTRACTOR

Terms Contractor in these General Conditions or in the Contract Documents references Prime Contractor under contract with the Owner.

§ 1.4 INTERPRETATION

In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

§ 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF

SERVICE

§ 1.5.1 The Architect/Engineer and the Architect/Engineer’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect/Engineer’s or Architect/Engineer’s consultants’ reserved rights.

§ 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects of for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect/Engineer and the Architect/Engineer’s consultants.

Contract Type: General Conditions for Construction Page 12 of 44

§ 1.6 TRANSMISSION OF DATA IN DIGITAL FORM

If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents.

ARTICLE 2 OWNER

§ 2.1 GENERAL

§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect/Engineer does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative.

§ 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein.

§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

§ 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor.

§ 2.2.2 Except for permits and fees, that are the responsibility of the Contractor under the Contract Documents, including those required under section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities.

§ 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work.

§ 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services.

§ 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.

2.2.5 The Owner shall furnish the Contractor ___1___ copy of the Contract Documents. The Contractor may purchase additional copies at the cost of reproduction, postage and handling.

§ 2.3 OWNER'S RIGHT TO STOP THE WORK

If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3.

Contract Type: General Conditions for Construction Page 13 of 44

§ 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect/Engineer's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect/Engineer. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

ARTICLE 3 CONTRACTOR

§ 3.1 GENERAL

§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means Prime Contractor the Contractor or the Contractor’s authorized representative.

§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.

§ 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect/Engineer in the Architect/Engineer's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor.

§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contact Documents; however, the Contractor shall promptly report to the Architect/Engineer any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect/Engineer may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents.

§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect/Engineer any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect/Engineer may require.

§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect/Engineer issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect/Engineer

Contract Type: General Conditions for Construction Page 14 of 44 for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful order of public authorities.

3.2.5 The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect/Engineer for evaluating and responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where the requested information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation.

§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention.

The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect/Engineer and shall not proceed with that portion of the Work without further written instructions from the Architect/Engineer. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences or procedures.

§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors.

§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work.

§ 3.4 LABOR AND MATERIALS

§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

§ 3.4.2 Except in the case of minor changes in the Work authorized by the Architect/Engineer in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect/Engineer and in accordance with a Change Order or Construction Directive.

The Owner shall be entitled to reimbursement from the Contractor for amounts paid to the Architect/Engineer for reviewing the Contractor’s proposed substitutions and making agreed-upon changes in the Drawings and Specifications resulting from such substitutions.

3.4.2.1 After the Contract has been executed, the Owner and Architect/Engineer will consider requests for the substitution of products in place of those specified only under the conditions set forth in the General Requirements (Division 1 of the Specifications). By making requests for substitutions, the Contractor:

1) represents that it has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified;

2) represents that it will provide the same warranty for the substitution as it would have provided for the product specified;

Contract Type: General Conditions for Construction Page 15 of 44

3) certifies that the cost data presented is complete and includes all related costs for the substituted product and for Work that must be changed as a result of the substitution, except for the Engineer’s redesign costs, and waives all claims for additional costs related to the substitution that subsequently become apparent; and

4) shall coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects.

3.4.2.2 The Owner shall be entitled to reimbursement from the Contractor for amounts paid to the Engineer for reviewing the Contractor’s proposed substitutions and making agreed-upon changes in the Drawings and Specifications resulting from such substitutions.

§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them.

§ 3.5 WARRANTY

The Contractor warrants to the Owner and Architect/Engineer that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.

The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require of permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect/Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

§ 3.6 TAXES

The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.

§ 3.7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS

§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded.

§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work.

§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction.

§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are

(1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect/Engineer before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect/Engineer will promptly investigate such conditions and, if the Architect/Engineer determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect/Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect/Engineer shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect/Engineer’s determination or recommendation, that party may proceed as provided in Article 15.

Contract Type: General Conditions for Construction Page 16 of 44

§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall…