Albion Armory Specification 3 of 15.pdf

STATE OF MICHIGAN ( OWNER AND CONTRACTOR ) GENERAL CONDITIONS

Sheets (SDS), and to provide training for employees who work with these chemicals and develop a written hazard communications program.

*7.11.2. Provisions of the Michigan Right-to-Know Law may be found in those sections of the Michigan Occupational Safety and Health Act (MIOSHA), which contain Right-to-Know provisions, and the Federal Hazard Community Standard, which is part of the MIOSHA Right-to-Know Law through adoption. The Act, rules and standards should be reviewed for additional requirements.

*7.11.3. The Michigan Right-to-Know Law also provides for specific employee rights, including the right to be notified of the location of SDS and to be notified at the site of new or revised SDS within five (5) Business Days after receipt and to request SDS copies from their employers. The Contractor , employer or Subcontractor shall post and update these notices at the site.

*7.12 Nondiscrimination:

*7.12.1. The Contractor and each Subcontractor and Supplier covenants to comply with the following requirements:

*7.12.1.1. Not to discriminate against any employee or employment applicant because of race, religion, color, national origin, age, sex (as defined in Executive Directive 2019-09) , height, weight, marital status, or a physical or mental disability that is unrelated to the individual’s ability to perform the duties of the particular job or position.

*7.12.1.2. To take action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, age, sex, height, weight, marital status, or a physical or mental disability that is unrelated to the individual’s ability to perform the duties of the particular job or position. Such action shall include, but is not limited to employment upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship;

*7.12.1.3. To state, in all solicitations or advertisements for employees, that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, sex, height, weight, marital status, or a physical or mental disability that is unrelated to the individual’s ability to perform the duties of the particular job or position;

*7.12.1.4. To send, or have its collective bargaining representative send, each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising that labor union or worker’s representative of commitments under this provision;

*7.12.1.5. To comply with the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201 et seq.; the Michigan Persons With Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq.; Executive Directive 2019-09 ; and all published rules, regulations, directives and orders of the Michigan Civil Rights Commission which may be in effect on or before the date of Bid opening.

*7.12.1.6. A breach of the covenants set forth in paragraphs 7.12.1.1 through 7.12.1.5 shall be regarded as a material breach of the Contract.

*7.12.2. The Contractor shall furnish and file compliance reports within the times, and using the forms, prescribed by the Michigan Civil Rights Commission. Compliance report forms may also elicit information as to the practices, policies, programs, and employment statistics of the Contractor and Subcontractors. The Contractor shall permit access to Records by the Michigan Civil Rights Commission and its agent for the purposes of ascertaining compliance with the Contract Documents and with rules, regulations and orders of the Michigan Civil Rights Commission.

*7.12.3. If, after a hearing held pursuant to its rules, the Michigan Civil Rights Commission finds that the Contractor has not complied with the nondiscrimination requirements of the Contract Documents, the Michigan Civil Rights Commission may, as part of its order, certify said findings to the Board . Upon receipt of certification, the Board may order the cancellation of the Contract and/or declare the Contractor ineligible for future contracts with the State, until the Contractor complies with said order of the Michigan Civil Rights Commission.

*7.13 Michigan Residency for Employees:

*7.13.1. Fifty percent (50%) of the persons employed on the Work by the Contractor shall have been residents of the State of Michigan for not less than one year before beginning employment on the Work. This residency requirement may be reduced or omitted in writing, at the sole discretion of the Owner , to the extent that Michigan residents are not available or to the extent necessary to comply with federal Law concerning federal funds used for the Project. A breach of this requirement shall be considered a material breach of the Contract.

*7.13.2. This residency requirement shall not apply to the Contractor or to any Subcontractor if the Contractor or any such Subcontractor is signatory to collective bargaining agreements which allow for the portability of employees on an interstate basis (The Management and Budget Act, 1984 PA 431, as amended, MCL 18.1241a).

*7.14 Prevailing Wages:

*7.14.1. The term “the Contractor ”, as used in this paragraph, shall include the Contractor and all the Contractor’s Subcontractors and their respective lower tier Subcontractors and all construction persons (whether general contractors, prime contractors, project managers or trade contractors) in privity of contract with any of them.

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*7.14.2. To the extent applicable, Contractor will comply with federal or local prevailing wage requirements.

ARTICLE 8 PROSECUTION; SUBSTANTIAL COMPLETION

8.1 Starting the Work:

8.1.1. Within fifteen (15) Calendar Days after the Owner

executes the Section 00500 Agreement, a pre-construction conference will be held. The conference will be intended, without limitation, to (a) review the Contractor's Schedule of Shop Drawing submissions; (b) review the qualifications of key Contractor personnel; (c) review the Contractor's proposed normal working hours and plans for laydown, staging, construction traffic, access to the site, parking and other similar matters; (d) review procedures for Submittals, clarifications and interpretations (including reasonable times for response turnaround), Change Orders, Change Authorizations and Record Documents; and (e) exchange twenty-four (24) hour emergency telephone numbers for key personnel.

8.1.2. The Contractor shall start the Work on the Date of

Commencement of the Contract Time. No Work shall be started at the site before such is allowed by the Contract Documents.

8.2 Revision 0 (Rev. 0) Schedule and Cost Submittals:

8.2.1. The Contractor shall deliver the interim Rev. 0

Progress Schedule, Schedule of Shop Drawing submissions and Rev. 0 Progress Schedule as required in the Contract Documents. The Contractor shall correct and adjust any Rev.

0 Submittal returned for revision. The finalized Revision 0 As-Planned Schedule shall be the Progress Schedule from which Revision Schedules shall be developed and used by the Contractor when making proposals or claims for adjustments in Contract Time and/or Contract Price.

8.3 Compliance with Contract Time Requirements:

8.3.1. The Contractor shall prosecute the Work with the

diligence necessary to ensure its completion within the Contract Times. The Contractor shall provide sufficient management, supervision, labor, materials and equipment, and the Contractor shall undertake appropriate action promptly to recover schedule when necessary to comply with the Contract Times.

8.3.2. Unless disallowed by any Law or modified in

another Section of the Specifications, a daily schedule from 06:00 AM to 06:00 PM, during Business Days, shall be normal working hours. Except in an Emergency, or as may be required by the Contractor's safety and protection obligations, or as the Owner and Contractor may otherwise agree, all Work at the site shall take place during normal working hours.

The Contractor shall provide written notice to the Owner at least twenty-four (24) hours and up to seventy-two (72) hours if so noted for projects specific requirements such as Correctional Facilities, before performing Work outside of normal working hours.

8.3.3. Unless otherwise agreed in writing by the Owner , for any Work actually performed outside of normal working hours, the Contractor shall reimburse the Owner any related increases in costs the Owner incurs, provided those costs are costs which the Contractor could reasonably have foreseen and which are not offset through the earlier completion of the Work resulting from working outside of normal working hours.

Examples of Owner costs include, but are not limited to, overtime charges of the Professional and payments for custodial and security personnel.

8.3.4. Early Dates in the Progress Schedule shall be

based on proceeding with all or part of the Work exactly on the date when the corresponding Contract Time commences to run. Late Dates shall be based on completing all or part of the Work exactly on the corresponding Contract Time, regardless of whether the Contractor anticipates early completion or not.

If sequences of Work are indicated in or required by the Contract Documents, the Progress Schedule shall show in sufficient detail the Contractor's approach to conforming with those sequences.

8.3.5. The Progress Schedule shall reflect the

Contractor's approach to Work remaining, be employed when reporting on progress or schedule recovery and facilitate the evaluation of Requests for Payment, as provided in the Contract Documents.

8.3.6. The Contractor shall carry on the Work with due

diligence during all disputes or disagreements with the Owner.

No Work shall be delayed or postponed pending resolution of any disputes or disagreements. The Contractor shall exercise reasonable precautions, efforts and measures to avoid or mitigate situations that would cause Delays.

8.4 Substantial Completion:

8.4.1. The Contractor shall conduct inspections of the

Work to verify the extent of completion. The Contractor shall provide to the Owner a list of items to be completed or corrected resulting from the inspections whenever the Contractor, upon completing all pre-requisite testing of the Work, considers that the Work, or any portion of the Work designated in the Contract Documents as having a separate, specified Substantial Completion, has progressed to the point that it is substantially complete.

8.4.2. Within a reasonable time after receiving the

Contractor’s list of items to be completed or corrected, the Owner , Professional and Contractor shall jointly conduct a Substantial Completion inspection. If, after consulting with the Owner , the Professional does not consider the Work, or portion of the Work inspected, substantially complete, the Professional , within twenty (20) Calendar Days after the inspection, will deliver to the Owner and Contractor a list of incomplete or Defective Work sufficient to demonstrate the basis for that determination.

8.4.3. If the Professional and Owner agree that the

entire Work, or that the portion of the Work inspected, is substantially complete, the Professional will deliver to the Owner and Contractor a certificate of Substantial Completion with a Punch List.

The certificate shall (a) fix a reasonable date of Substantial Completion, (b) fix a date for completion of the Punch List to the satisfaction of the Professional , and (c) recommend the

MICHSPEC ™ DTMB 00700 − 16 (Rev. 03/21) division of responsibilities between the Owner and Contractor . Neither the Work, nor any portion of the Work inspected, shall be substantially complete, unless the Owner can use the Work, or designated portion of the Work inspected, for the use intended.

8.4.4. Upon Substantial Completion of the Work, or

designated part of the Work on which separate Substantial Completion and Contract Price are specified, payment may be made in full subject to (a) a withholding of two hundred percent (200%) of the value of any uncompleted Work, as determined by the Professional , and (b) any other deductions as the Professional may recommend or the Owner may withhold to cover Defective Work, liquidated damages and the fair value of any other items entitling the Owner to a withholding.

8.4.5. To the extent Owner training is required before

Substantial Completion, the Contractor will provide the Owner copies of all related operating and maintenance (O&M) documentation before the start of training. Where Owner training for a portion of the Work is not required before Substantial Completion, the related O&M documentation will be provided no later than Substantial Completion. Final O&M documentation (with revisions made after Substantial Completion), will be furnished by the Contractor to the Owner before the request for final payment.

8.5 Partial Use:

8.5.1. Before Substantial Completion of the entire Work, the Owner may, at its sole option, use any portion of the Work for which a separate Substantial Completion has been specified in the Contract Documents. Before Substantial Completion of the entire Work, the Owner may, at its sole option, use any portion of the Work considered by the Owner , Professional and Contractor to be separately functioning Work that can be used without significant interference with the Contractor’s completion of the balance of the Work, even though a Substantial Completion for such Work is not specified in the Contract Documents.

8.5.2. If the Owner decides to use any portion of the

Work, it shall inform the Contractor in writing. Unless such portion of the Work has undergone a Substantial Completion inspection under paragraph 8.4.2, within a reasonable time after receipt of the notice, the Owner , Contractor and Professional shall jointly make an inspection to determine the extent of completion. If the portion of the Work inspected is substantially complete, the provisions of paragraph 8.4.3 shall be followed by the Owner , Professional and Contractor . If the portion of the Work inspected is not substantially complete, the Professional will prepare a list of items remaining to be completed or corrected before that portion of the Work is considered substantially complete. Upon completing the list, the Professional will deliver the prepared list of items to the Owner and Contractor .

8.5.3. There shall be attached to the list a written

recommendation about the division of responsibilities between the Owner and Contractor for those matters enumerated in paragraph 8.6.1 with respect to that portion of the Work, pending Substantial Completion of that portion of the Work and the entire Work. During Partial Use, and before Substantial Completion of the portion of the Work under Partial Use, the Owner shall allow the Contractor reasonable access to complete or correct listed items and to complete other Work.

The Owner will not start any Partial Use unless the property insurer, by endorsement or like acceptable procedure, has acknowledged receipt of notice of and consent to Partial Use.

8.6 Division of Responsibilities:

8.6.1. A certificate of Substantial Completion will include

the Professional’s recommendation about the division of responsibilities between the Owner and Contractor for utilities, security, safety, insurance, maintenance, etc. The Owner and Contractor will accept the division of responsibilities recommended by the Professional or shall negotiate a mutually agreeable split of responsibilities, which shall bind the Owner and Contractor when the Owner starts Partial Use.

8.7 Suspension of Work:

8.7.1. Suspension of Work Order − The Owner may, at

any time, order the Contractor in writing to defer, stop, slow down, suspend or interrupt all or any part of the Work for such period as the Owner may determine appropriate for its convenience. If any such written order Delays performance for an unreasonable period, the Owner will amend the Contract Documents to provide for a corresponding adjustment in Contract Time and/or Contract Price (excluding Fee under paragraph 11.11).

8.7.2. Constructive Suspension of Work − If performance

of all or any part of the Work is, for an unreasonable period, deferred, stopped, slowed down, suspended or interrupted by any other act or failure to act of the Owner or Professional , or act or event attributable to the Owner under the Contract Documents, the Owner will negotiate with the Contractor or authorize an adjustment in Contract Time and/or Contract Price (excluding Fee under paragraph 11.11.1) for any increase in the time required to complete the Work and/or the Contractor's cost of performance.

8.7.3. Suspension of Work Limitation − No adjustment in

Contract Price under paragraphs 8.7.1 or 8.7.2 shall be made to the extent performance is delayed by any other cause, including any act or omission within the control of the Contractor . Further, no suspension of Work shall justify an increase in Contract Price or Contract Time unless the resulting Delay exceeds the time allowed in the Contract Documents for the act or failure to act.

8.7.4. If the Contractor believes a suspension of Work

justifies an increase in Contract Price or Contract Time, the Contractor shall give prompt written notice to the Owner and submit a written proposal promptly after the extent of the Delay becomes known. However, no proposal or claim by the Contractor on account of a suspension of Work shall be allowed (a) for any Delay or costs incurred more than thirty

(30) Calendar Days before the Contractor gives written notice (except for written orders under paragraph 8.7.1), or (b) if made after final payment.

8.8 Sharing of Total Float On Non − Critical Paths:

8.8.1. The Progress Schedule shall be in the form of a

Critical Path Schedule, Total Float on non-Critical Paths shall be available to the Owner , to the extent the Owner’s use is reasonable given the Total Float remaining for the Work affected. If any such Owner’s use of Total Float causes Delay which materially increases the Contractor’s cost to complete the Work affected, and the Contractor notifies the Owner in writing and proceeds to support the assertion to the Owner’s satisfaction, the Owner will correspondingly adjust Contract Price for any such material changes in the Contractor’s cost to complete the Work.

8.8.2. The amount of Total Float available in the

Progress Schedule shall not be artificially reduced by suppressing Total Float merely for the sake of voiding Total Float. Total Float hidden through the use of such techniques as preferential sequencing; slow or late starts of follow-on trades; restraining a Contract Time by Work actually required for a later Contract Time; the use of small crews, extended durations, imposed dates; and so forth, shall be Total Float otherwise available for sharing with the Owner under the provisions of paragraph 8.8.1.

ARTICLE 9 WARRANTY; TESTS, INSPECTIONS AND

APPROVALS; CORRECTION OF WORK

9.1 Warranty:

9.1.1. The Contractor warrants to the Owner that all

Work will conform to the Contract Documents and will not be Defective. Reasonably prompt notice of Defective Work of which the Owner or Professional has actual knowledge shall be given to the Contractor , but failure to do so will not void the Contractor's warranty unless actual prejudice results from such untimely notice. The Contractor’s warranty excludes defect or damage caused by (a) abuse, modification by others, insufficient or improper operation or maintenance, or (b) normal wear and tear under normal usage.

9.1.2. Manufacturer warranties for materials and

equipment received by the Contractor shall be assigned and promptly delivered to the Owner . Manufacturer warranties shall be in full force and effect for the entire duration of the Correction Period.

9.2 Tests, Inspections and Approvals:

9.2.1. The Owner , Professional , their representatives

and consultants, testing agencies and those State agencies and Political Subdivisions with jurisdiction shall be permitted access to the Work at reasonable times while the Work is in progress for On-Site Inspection and/or inspection, testing or approval. The Contractor shall provide proper and safe conditions for such access. The Contractor shall give the Professional timely notice whenever any Work is ready for inspections, tests or approvals, so that the Professional may observe such inspections, tests or approvals. Tests, inspections or approvals shall not in any way relieve the Contractor from the Contractor's obligations to perform the Work in accordance with the Contract Documents or warrant the Work as provided in the Contract Documents.

9.2.2. Unless otherwise provided in Section 00800

Supplementary Conditions, the Owner will retain a testing agency, directly or through the Professional , to perform inspections, tests or approvals required by the Contract Documents. The Owner will pay the charges of the testing agency, except if related to tests, inspections or approvals required by Law or otherwise charged to the Contractor under the provisions of paragraph 9.2.4 or 9.3.

9.2.3. The Contractor shall assume full responsibility for

any testing, inspection or approval (a) required by Law, (b) indicated in or required by the Contract Documents, or (c) required for the Professional's acceptance of a Supplier, materials or equipment or mix designs submitted for prior approval by the Contractor . The Contractor shall (a) pay all related costs, except costs assumed by the Owner under paragraph 9.2.2, (b) schedule related activities, and (c) secure and furnish to the Professional the required certificates of inspection, testing or approval.

9.2.4. The Contractor shall be responsible for any

testing, inspection or approval that reveals Defective Work, including an appropriate portion of the Delay and costs occasioned by such discovery of Defective Work. Examples of such costs assumed by the Contractor include, but are not limited to, charges of the Professional for repeated On-Site Inspections and, to the extent designated in the pertinent Specification, repeat testing, inspection or approval charges by testing agencies.

9.3 Uncovering Work:

9.3.1. Any Work covered without the Professional's

prior written concurrence shall, when requested by the Professional , be uncovered, exposed or otherwise made available for On-Site Inspection, testing, inspection or approval as the Professional may require, and replaced, if necessary.

This requirement applies to Work, which requires On-Site Inspection by the Professional , based on the Contract Documents or on specific On-Site Inspection procedures of which the Professional notifies the Contractor in advance.

This requirement also applies to Work, which is to be inspected, tested or approved by others. The Contractor shall be responsible for any such uncovering, exposure, On-Site Inspection, testing, inspection and satisfactory reconstruction, including an appropriate portion of the Delay and costs, unless the Contractor gave the Professiona l timely written notice of the Contractor’s intentions to cover such Work and the Professional failed to act with reasonable promptness in response to such written notice.

9.3.2. The Contractor , at the Professional's request, shall uncover, expose or otherwise make available for On-Site Inspection, inspection, testing or approval any covered Work otherwise not required to be observed or inspected, tested or approved before covering, if the Professional determines that such covered Work shall be on-site inspected by the Professional or inspected, tested or approved by others. The Contractor shall be responsible for any such uncovering, exposure, On-Site Inspection, inspection, testing and satisfactory reconstruction, including an appropriate portion of the Delay costs, whenever any such uncovered Work is found to be Defective. If, however, any such Work uncovered at the Professional's request is not found Defective, the Owner will amend the Contract Documents to provide for a corresponding adjustment in Contract Price and/or Contract Time.

9.4 Correction of Work:

9.4.1. Before the Correction Period − If required by the

Professional , the Contractor shall correct all Defective Work, whether fabricated, installed or completed or not. If any Work is rejected by the Professional or if any testing, inspection or approval reveals Defective Work, the Contractor shall promptly, as directed, remove the Defective Work from the site and replace it with non-Defective Work. The Contractor shall bear responsibility for its proportionate share of the Delay and costs resulting from the correction and/or the removal and replacement of Defective Work.

9.4.1.1. If the Contractor , within reasonable time after

receipt of written notice, (a) fails to correct Defective Work or remove and replace rejected Work, or (b) fails to correct or complete items on any Punch List, or (c) fails to perform Work in accordance with the Contract Documents, or (d) fails to comply with any other provision of the Contract Documents, the Owner , after seven (7) Calendar Days' written notice to the Contractor , may correct and remedy the deficiency. To the extent necessary to correct and remedy such deficiency, the Owner shall be allowed to exclude the Contractor from all or part of the site; take possession of all or part of the Work and stop related operations of the Contractor ; take possession of the Contractor's tools, plant and office and construction equipment at the site; and incorporate into the Work materials and equipment for which the Owner has paid the Contractor .

The Contractor shall allow the Owner and Professional access to the site as the Owner may require to complete corrective and remedial action. The Owner shall be entitled to an appropriate decrease in Contract Price for all claims, costs, losses, damages and Delay incurred or sustained by the Owner which are attributable to the Contractor . Costs assumed by the Contractor under this provision include, without limitation, costs of correction or removal and replacement of Defective Work, costs of repair and replacement of other work destroyed or damaged by the action and related charges of the Professional .

9.4.1.2. Instead of requiring correction or removal and

replacement of any Defective Work, the Owner , with the advice of the Professional , may prefer to accept any Defective Work. In any such case, the Contractor shall bear its proportionate share of the Delay and costs associated with the Owner’s determination to accept the Defective Work. If the Owner's acceptance of the Defective Work takes place before the Professional’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and the Contract Price shall be adjusted accordingly.

9.4.2. Correction Period − The Contract Documents

provide for one Correction Period for the entire Work, whether Partial Use of any portion of the Work is designated as eligible by the Contract Documents or not. The Correction Period shall start on the date of Substantial Completion of the Work, or on a later date, if so provided in the Contract Documents. The Correction Period shall last one year, or longer, if so specified in the Contract Documents.

9.4.3. Correction of Work During the Correction Period −

The Contractor shall correct Defective Work or, if rejected by the Owner , remove from the site and replace any Defective Work with non-Defective Work. The Contractor’s corrective action shall be in accordance with the Owner's written instructions, and shall be accomplished at the Contractor’s sole expense. If the Defective Work causes an Emergency or unacceptable risk of loss or damage, the Contractor shall take immediate action to correct or remove and replace the Defective Work.

9.4.3.1. If the Contractor fails to take corrective action in accordance with the terms of any such Owner written instruction, the Owner , directly or through others under contract with the Owner , may correct or remove and replace the Defective Work. In any such case, the Contractor shall bear its proportionate share of all resulting claims, costs, losses and damages. If the Owner and the Contractor are unable to agree as to the amounts due by the Contractor to the Owner under the provisions of this paragraph, the Owner may deliver a claim, in accordance with the procedures and within the deadlines set forth in Article 15. If the discovery of the Defective Work takes place after final payment and the Contractor fails to pay the Owner any of the amounts due under the provisions of this paragraph, the Owner shall demand due performance under Section 00610 Performance Bond and Article 14 or deliver a claim, in accordance with the procedures and within the deadlines set forth in Article 15, or both.

9.4.4 After the Correction Perio d − Until the period of

limitation provided by Michigan Law, the Contractor shall promptly correct Defective Work upon receipt of written notice from the Owner . If appropriate under the circumstances or, in the event of an Emergency or unacceptable risk of loss or damage, the Owner , directly or through others under contract with the Owner , may correct or remove and replace the Defective Work.

9.4.5. It is not the intent of paragraph 9.4 or paragraph

9.5 to establish a period of limitations for the Contractor’s warranty or to limit the obligations of the Contractor to warrant that the Work will not be Defective. The specified correction of Work requirements relate only to the specific obligation of the Contractor to correct or remove and replace Defective Work.

The specified correction of Work requirements have no limitation on the rights of the Owner to have Defective Work corrected or removed and replaced, if rejected, except as otherwise provided by Michigan Law.

9.5 Special Correction Period Requirements:

9.5.1. Whenever the Owner undertakes Partial Use of

any portion of the Work specifically designated as eligible for Partial Use in the Contract Documents, the warranties for all materials and equipment incorporated into that portion of the Work shall remain in full force and effect between the start of such Partial Use and the date when the Correction Period starts. If no separate price for such special correction period was requested in Section 00300 Bid Form and made part of the Contract Documents, the Owner will appropriately adjust the Contract Price.

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9.5.2. Whenever the Owner undertakes Partial Use of

any portion of the Work because any act or omission within the control of the Contractor Delays completion of the Work, or any portion of the Work, within a designated Contract Time, the warranties for all materials and equipment incorporated into that portion of the Work shall, at no adjustment in Contract Price, be maintained in full force and effect between the beginning date of such Partial Use and the date when the Correction Period stars.

9.5.3. The correction period for any Defective Work that

is corrected or rejected and replaced within the last three (3) months of the Correction Period shall be extended by an additional six (6) months, starting on the date such Work was made non-Defective.

9.5.4. The Contract Documents may require the

Correction Period to start on a date later than the date of Substantial Completion of the entire Work. If such is the case, and the Owner advances or defers the start of the Correction Period, the Contractor shall maintain the warranties for materials and equipment until the revised starting date of the Correction Period. If no separate price for such advance or deferment was requested in Section 00300 Bid Form and made part of the Contract Documents, the Owner will amend the Contract Documents to appropriately adjust the Contract Price.

9.6 Special Maintenance Requirements:

9.6.1. If the Contract Documents specify that the entire

Work, or a portion of the Work, upon reaching Substantial Completion, shall not be placed in use by the Owner , the Contractor shall maintain the Work, or specified part of the Work, in good order and proper working condition and shall take all other actions necessary for its protection between the certified date of Substantial Completion and the date when the Work, or designated part of the Work, is placed in use.

9.6.2. If no separate price for such special maintenance

period was requested in Section 00300 Bid Form and made part of the Contract Documents, the Owner will amend the Contract Documents to appropriately increase the Contract Price.

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ARTICLE 10 CHANGES

10.1 Changes in the Work:

10.1.1. Changes in the Work − The Owner is entitled to

make changes within the general scope of the Work consisting of (a) additions, deletions or other revisions in the Specifications and Drawings, any Means and Methods or the Owner -furnished lands, equipment, materials or services, or

(b) directing acceleration of the Work. Changes in the Work may be accomplished through negotiated, bilateral Change Orders or unilateral Change Orders or result from any other properly authorized written order from the Owner or Professional which represents a constructive change.

10.1.2. Negotiated Changes − The Owner may negotiate

changes in the Work by directing the Professional to prepare a Bulletin in numerical sequence describing the change being considered. Upon receiving a Bulletin, the Contractor (with the appropriate Subcontractors) shall evaluate the described change and quote the Bulletin. In estimating adjustments in Contract Price and/or Contract Time, the Contractor shall follow the provisions, including the breakdown requirements, specified in Article 11.

10.1.3. Constructive Changes − Any written order

(including instruction, interpretation, determination, authorization or approval) from the Owner or Professional that causes a change in the Contract Documents shall constitute a change in the Work, provided the Contractor or the Owner gives prompt, written notice of a change to the other (with copy to the Professional ) stating the date, circumstances and source of the change.

10.1.3.1. Upon receipt and evaluation of the written

notice, if the Owner agrees, with the Professional’s advice, that a change within the general scope of the Work has been ordered, the Owner shall, by Change Order or Change Authorization, correspondingly amend the Contract Documents. If the Owner finds that a change within the general scope of the Work has not been ordered, and the Contractor disagrees, the Contractor may deliver notice of a claim and a claim Submittal in accordance with the procedures and within the deadlines set forth in Article 15.

10.1.3.2. No proposal or claim by the Contractor on

account of changes under paragraphs 3.2.1, 10.1.3 or any other matter for which Contractor asserts added cost or time shall be allowed unless initiated by written notice of such proposal or claim to the Professional and Owner within 21 days after the occurrence of the event giving rise to such proposal or claim or within 21 days after the contractor first recognizes the condition giving rise to the proposal or claim . A full and detailed breakdown of cost and time requested, with supporting documentation, if not provided with initial notice shall be delivered to Professional and Owner within 15 days of the notice, as noted in article 11.1.2, unless otherwise agreed in writing, by the Owner prior to expiriation of such time.

10.1.4. Unilateral Changes − If, in negotiations, the

Owner and Contractor are unable to agree on the adjustment in Contract Price or Contract Time corresponding to any change in the Work, the Owner may issue a unilateral Change Order. Upon receiving any such Change Order, the Contractor shall promptly proceed or continue with the Work Involved as required by the Change Order.

10.1.4.1. Unilateral Change Orders may adjust Contract

Price and/or Contract Time, as the Owner , with the advice of the Professional , may determine appropriate. Contract Price may be adjusted on a lump sum basis or an actual cost , not to exceed basis. If the Contractor disagrees with the extent of the adjustments in Contract Price and/or Contract Time made by any such unilateral Change Order, the Contractor may deliver notice of a claim and a claim Submittal in accordance with the procedures and within the deadlines set forth in Article 15.

10.2 Differing Subsurface or Physical Site Conditions:

10.2.1. The Contract Documents make available

Authorized Technical Data concerning subsurface site conditions and physical conditions of existing surface and subsurface facilities at the site. Consistent with Section 00100 Instructions to Bidders, except for reasonable reliance on the accuracy of Authorized Technical Data, the Owner does not warrant that Authorized Technical Data is necessarily sufficient and complete for the purposes of selecting Means and Methods, initiating, maintaining and supervising safety precautions and programs or discharging any other obligation assumed by the Contractor under the Contract Documents.

10.2.2. The Contractor or Owner shall notify the other in

writing if the Contractor or Owner , respectively, discovers that

(I) actual subsurface conditions or latent physical conditions of existing surface and subsurface facilities encountered at the site differ materially from those shown or indicated in the Contract Documents, or (II) unknown subsurface conditions or unknown physical conditions of existing surface and subsurface facilities encountered at the site, of an unusual nature, differ materially from those ordinarily encountered and recognized as inherent in work similar in character to the Work.

A written notice from the Contractor shall be delivered promptly before the conditions are disturbed and before proceeding with the affected Work. A written notice from the Owner shall be delivered promptly after the Owner has knowledge of the differing subsurface or physical conditions.

10.2.2.1. Upon receipt or delivery of any such notice, the

Owner shall investigate the differing conditions asserted. If, with the Professional's advice, the Owner determines that conditions on which the Contractor is entitled to rely do differ materially, the Owner will amend the Contract Documents to provide for any changes in the Work and adjustments in Contract Price and Contract Time made necessary by the differing conditions and any resulting Delay which is not reasonably anticipatable under the circumstances and which is attributable to the Owner and/or Professional. Unless the Owner and Contractor otherwise agree, no increase in Contract Time shall be made for any suspension of Work made necessary by any differing subsurface conditions, if the suspension of Work lasts less than ten (10) Calendar Days.

10.2.2.2. If the Owner determines that the actual

conditions encountered and those conditions on which the Contractor is entitled to rely do not differ materially, and the

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Contractor disagrees with the Owner’s determination, the Contractor may deliver notice of a claim and a claim Submittal in accordance with the procedures and within the deadlines set forth in Article 15.

10.2.2.3. No proposal or claim by the Contractor due to

differing site conditions shall be allowed (a) if the Contractor knew of their existence before submitting its Bid or if those conditions could have been discovered by any reasonable examinations for which the Contractor , as Bidder, was made responsible under the Bidding Requirements, and/or (b) unless the Contractor’s written notice is provided within not more than 21 days after the contractor first

MICHSPEC ™ DTMB 00700 − 19 (Rev. 03/21) recognizes the condition giving rise to the proposal or claim and gives the Owner adequate opportunity to investigate the asserted differing site conditions . A full and detailed breakdown of cost and time requested, with supporting documentation, if not provided with initial notice shall be delivered to Professional and Owner within 15 days of the notice, as noted in article 11.1.2, unless otherwise agreed in writing, by the Owner prior to expiriation of such time.

10.2.3. The provisions of paragraph 10.2.2 through

10.2.2.3 also shall apply to situations where the Contractor or Owner discovers that any reference points provided by the Owner need correction to enable the Contractor to proceed with the Work.

10.3 Responsibilities for Underground Utilities:

10.3.1. The Contractor shall comply with 1974 PA 53, as amended, MCL 460.701 et seq ., and all other Laws concerning Underground Utilities. In addition, the Contractor shall be responsible for immediately notifying the Owner of any contact with or damage to Underground Utilities, and for the safety, protection of and repairing of any damage done to any Work and any surface and subsurface facilities. Except as provided under 1974 PA 53, as amended, MCL 460.701 et seq ., paragraph 10.3.2 or by any Allowance specific to Underground Utilities, the Contractor shall bear an appropriate portion of the Delay and costs relating to the obligations set forth in this paragraph.

10.3.2. Shown or Indicated − If the Contractor

encounters Underground Utilities shown or indicated (whether in the Contract Documents or those documents itemized in Section 00210 Information for Bidders) that are inaccurately shown or are inaccurately located, responsibility for any damage shall be as provided in MCL 460.701 et seq . To the extent the Drawings and/or Specifications inaccurately show or locate, through error or omission, the actual physical conditions and/or location of existing Underground Utilities (when compared with the information and data provided by the owners of such Underground Utilities), the Owner will amend the Contract Documents to provide for a corresponding adjustment in Contract Price and/or Contract Time.

10.3.3. Not Previously Located − If the Contractor

encounters not previously located Underground Utilities, which could not reasonably have been foreseen, the Owner will amend the Contract Documents to provide for any changes in the Work and corresponding adjustments in Contract Price and/or Contract Time made necessary by such changes in the Work and by any resulting Delay which is not reasonably anticipatable under the circumstances and which is attributable to the Owner and/or Professional.

10.4 Hazardous Material Conditions:

10.4.1. The Contractor shall use, handle, store, dispose

of, process, transport and transfer any material considered a Hazardous Material in accordance with all federal, State and local Laws. If the Contractor encounters material reasonably believed to be a Hazardous Material and which may present a substantial danger, the Contractor shall immediately stop all affected Work, give written notice to the Owner of the conditions encountered, and take appropriate health and safety precautions.

10.4.2. Upon receipt of the written notice, the Owner will

investigate the conditions. If (a) the material is a Hazardous Material that may present a substantial danger and which was not described in the Drawings and/or Specifications, or identified in the Contract Documents as Work under the Contract Documents, and (b) the Hazardous Material was not brought to the site by the Contractor , or does not result in whole or in part from any violation by the Contractor of any Laws covering the use, handling, storage, disposal of, processing, transport and transfer of Hazardous Materials, the Owner shall order a suspension of Work in writing. The Owner shall proceed to have the Hazardous Material removed or rendered harmless by negotiating a change in the Work with the Contractor , by means of separate contract or as the Owner may deem otherwise expedient. In the alternative, the Owner shall terminate the affected Work or the Contract for the Owner's convenience.

10.4.3. Once the Hazardous Material has been removed

or rendered harmless by any of the means outlined in paragraph 10.4.2, the affected Work shall be resumed as directed in writing by the Owner . Any determination by the Michigan Department of Health & Humans Services and/or the Michigan Department of Environment, Great Lakes, and Energy (whichever is applicable) that the Hazardous Material has either been removed or rendered harmless shall be binding upon the Owner and Contractor for the purposes of resuming the Work. If any such incident with Hazardous Material results in Delay not reasonable anticipatable under the circumstances and which is attributable to the Owner or Professional , the Owner will amend the Contract Documents to provide for a corresponding adjustment in Contract Price or Contract Time, or both, made necessary by such Delay.

10.4.4. If the Hazardous Material was brought to the site

by the Contractor , or results in whole or in part from any violation by the Contractor of any Law covering the use, handling, storage, disposal of, processing, transport and transfer of Hazardous Materials or from any other act or omission within its control, the Contractor shall bear its proportionate share of the Delay and costs involved in cleaning up the site and removing and rendering harmless the Hazardous Material to the satisfaction of the Owner , State and all Political Subdivisions with jurisdiction. If the Contractor fails to proceed with due diligence to take appropriate action pursuant to applicable Law and consistent with the Owner requirements, the Owner may act accordingly, in which case the Contractor shall defend, indemnify and hold harmless the Owner from and against all claims, as construed in paragraph 1.4, arising from the Owner's exercise of such appropriate action.

10.5 Incidents with Archaeological Features:

10.5.1. The Contractor shall at once notify in writing the

Owner of any Archaeological Feature deposits that are encountered or unearthed during the execution of the Work.

The Contractor shall protect the deposits in a satisfactory manner and no further disturbance of the Archaeological Features shall take place until Work is allowed to be resumed in the affected areas.

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10.5.2. If the Owner , with the advice of the

Professional , concludes that the Contract Documents require changes because of Archaeological Features encountered, the Owner will amend the Contract Documents to provide for any changes in the Work and corresponding adjustment in Contract Price and/or Contract Time made necessary by the changes due to the Archaeological Features encountered and by any resulting Delay which is not reasonably anticipatable under the circumstances, and which is attributable to the Owner and/or Professional

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10.6 Unit Price Work:

10.6.1. If the Contract Documents specify Unit Price

Work, the Contract Price shall contain the sum of each unit price times its estimated quantity. The Contractor shall be responsible for completing, within the Contract Times, one hundred twenty (120%) of the estimated quantities of Specified Unit Price Work and reasonable quantities of Contingent Unit Price Work.

10.6.2. The Contractor shall promptly, before

proceeding with any affected Unit Price Work , deliver a written notice to the Professional (a) whenever actual quantities for an item of Specified Unit Price Work differs materially from those estimated and request an adjustment in the estimated quantity, or (b) requesting authorization to provide any or differing quantities of any item of Contingent Unit Price Work. The Contractor or the Owner shall submit to the other and the Professional , a proposal for adjusting that item's unit price and/or the Contract Time. The proposal shall be properly substantiated.

10.6.2.1. Promptly after being notified by the Contractor , the Professional will evaluate the affected Unit Price Work and provide its determination to the Owner and Contractor . If the Owner adjusts the estimated quantity of Specified Unit Price Work or authorizes any, or any additional, quantities of Contingent Unit Price Work, the Contractor shall proceed with that Unit Price Work as directed by the Professional. The Contractor shall proceed with the Unit Price Work regardless of whether the Owner , after conferring with the Professional determines that a variation in quantity justifies an adjustment in the unit price, or that the existing unit price is valid for the additional or reduced quantities, or that no adjustment in the Contract Time is warranted. In the event the Contractor disagrees with any such determination, the Contractor shall deliver a notice of claim and a claim submittal in accordance with the procedures and within the deadlines set forth in Article 15.

10.6.2.2. Any adjusted Unit Price agreed upon by the

Owner will only apply to the actual quantities above one hundred twenty percent (120%) or to the actual quantities less than eighty percent (80%) of the estimated quantity. For additional quantities over one hundred twenty percent (120%) or reduced quantities below eighty percent (80%) of the estimated quantity, the Owner may negotiate a Unit Price with the Contractor , or direct a unilateral change as provided by Article 10, or rebid that Work. In no case however, will a Unit Price change resulting from a reduction in quantity be renegotiated such that the changed Unit Price produces a modified Bid Price for any line item that exceeds the initial Bid Price for that line item.

10.6.3. No adjustment due to quantity variations shall be

allowed (a) unless the Contractor met the notice requirements of paragraph 10.6.2, (b) to the extent that the Bid Price for a line item will increase due to reduced quantities at a higher unit, (c) for under runs in any quantities of Contingent Unit Price Work, unless the unit price times the estimated quantity exceeds the lesser of $50,000.00 or…