HomeMy WebLinkAbout108811 NEENAN CO - CONTRACT - RFP - P812 SECOND SHEET OF ICE AT EPIC (2)Note: A marginal arrow in these General Conditions indicates a paragraph or
section that has been revised or added to in the Supplementary Conditions,
and is shown for the convenience of the reader only. Any use of these
General Conditions must include the complete interrelationship with the
Supplementary Conditions and the Contract Documents.
GENERAL CONDITIONS
ARTICLE 1--DEFINITIONS
1.01 Defined Terms
A. Wherever used in these General Conditions or
in the other Contract Documents the following terms
have the meanings indicated which are applicable to
both the singular and plural thereof:
I. Addenda --Written or graphic instruments
issued prior to the opening of Proposals which
clarify, correct or change the Request for Proposals
or the Contract Documents.
2. Agreement --The written contract between
OWNER and DESIGNBUILDER covering the
Work; other Contract Documents are attached to
_._ the Agreement and made a part thereof as provided
therein,
3. Application for Payment --The form which is
to be used by DESIGNBUILDER in requesting
progress or final payments and which is to be
accompanied by such supporting documentation as
is required by the Contract Documents.
4. Asbestos --Any material that contains more
than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current
action levels established by the United States
Occupational Safety and Health Administration.
5. Bonds --Performance and payment bonds
and other instruments of security,
6. Cash Flow Projection --A schedule prepared
by DESIGNBUILDER estimating that portion of
the Contract Price to be due during each month of
performance.
7. Change Order --A written order which is
signed by DESIGNBUILDER and OWNER
which authorizes an addition, deletion or revision in
the Work or an adjustment in the Contract Price
or the Contract Times, issued on or after the
Effective Date of the Agreement.
8• Conceptual Doluments--The
specifications and/or other graphic drawings
t written
OWNials, criteria and ER's reinformation requirements for Project,, suchtas design objectives and constraints, space, capacity
and performance requirements, flexibility and
expandability, including those items enumerated in
the Request for Proposals which show or describe
the character and scope of, or relate to, the Work
to be performed or furnished and which have been
prepared by or for OWNER.
9. Construction --The performing or furnishing
Of labor, the furnishing and incorporating of
materials and equipment into the Work and the
furnishing of services (other than Design
Professional Services) and documents, all as
required by the Contract Documents.
10. Construction Subagreemenr--A written
agreement between DESIGNBUILDER and a
construction contractor for provision of
Construction.
IL Contract Documents --The Agreement, the
Conceptual Documents, Addenda (which pertain to
the Contract Documents), DESIGNBUILDER's
Proposal, the Notice to Proceed, the Bonds, these
General Conditions, the Supplementary Conditions,
the Specifications and the Drawings together with
III Work Change Directives, Change Orders, Written Amendments, and Field Orders, issued on or after the Effective Date of the Agreement. The
Contract Documents also include those documents
specifically identified by the OWNER in the
Request for Proposals.
12. Contract Price --The moneys payable by
OWNER to DESIGNBUILDER for completion of
the Work in accordance with the Contract
Documents.
13. Contract Times --The numbers of days or
he dates stated in the Agreement (i) to achieve
Substantial Completion, and (ii) to complete the
Work so that it is ready for final payment in
accordance with paragraph 13.08.A.
ec14. defective --An adjective which when
odifying the term Construction refers to
onstructio❑ that is unsatisfactory, faulty or'
deficient, in that it does not conform to the
Contract Documents, or does not meet the
requirements of any inspection, reference standard,
test or approval referred to in the Contract
Documents, or has been damaged prior to
OWNER'S final payment (unless responsibility for
the protection thereof has been assumed by
OWNER at Substantial Completion).
15. DESIGN/BUILDER--The individual or
entity with whom OWNER has entered into the
Agreement.
16. Design Subagreement--A written agreement
between DESIGNBUILDER and a design
professional for provision of Design Professional
Services.
17. Design Professional Services --Services
related to the preparation of Drawings,
Specifications, and other design submittals specified
by the Contract Documents and required to be
performed by licensed design professionals, as well
as services provided by or for licensed design
professionals during Bidding/Negotiating,
Construction, or Operational phases.
18. Drawings --Those portions of the Contract
Documents prepared by or for DESIGNBUILDER
and approved by OWNER consisting of drawings,
diagrams; illustrations, schedules and other data
which show the scope, extent, and character of the
Work.
19. Effective Date of the Agreement --The date
indicated in the Agreement on which it becomes
effective, but if no such date is indicated it means
the date on which the Agreement is signed and
delivered by the last of the two parties to sign and
deliver.
20. Engineer --A duly licensed individual or
entity designated by DESIGN/BUILDER to
perform or furnish specified Design Professional
Services in connection with the Work.
21. Field Order --A written order issued by
OWNER which orders minor changes in the Work
but which does not involve a change in the
Contract Price or the Contract Times.
22. Hazardous Condition —The presence at the
Site of Asbestos, Hazardous Waste, PCBs,
Petroleum Products or Radioactive Materials in
such quantities or circumstances that there is a
danger to persons or property.
e123. Hazardous Woste--The term Hazardous
Waste shall have the meaning provided in Section
004 of the Solid Waste Disposal Act (42 USC
Section 6903).
24. Laws and Regulations Laws orRegulations—
Any and all applicable laws, rules, regulations,
ordinances, codes and orders of any and all
governmental bodies, agencies, authorities and
courts having jurisdiction.
25. Liens --Charges, security interests or
encumbrances upon real property or personal
property.
26. Milestone --A principal event specified in the
Contract Documents relating to an intermediate
completion date or time prior to Substantial
Completion of all the Work.
27. Notice of Award --The written notice by
OWNER to the successful proposer stating that
upon compliance by the successful proposer with
the conditions precedent enumerated therein,
within the time specified, OWNER will sign and
deliver the Agreement.
2
28. Notice to Proceed --A written notice given by
OWNER to DESIGNBUILDERfixingthe dateon
which the Contract Times will commence to run.
29, OWNER --The public body, or authority,
individual or entity with whom
OESIGN/BUILAgreement D enteredER has
andfor whom the Work tisoto the
provided.
30, OWNER's Consultant --An individual or
entity having a contract with OWNER to furnish
servicesas OWNER's consultantwith respect to the
Project and who is identified as such in the
Supplementary Conditions.
31, OWNER's Representative --A person
designated in writing to act as OWNER's
representative with respect to
DESIGNBUI DER's performance of the Work.
Such person shall have complete authority to
transmit instructions, receive information, interpret
and define OWNER's policies, make decisions with
respect to performance of the Work, and provide
such other services as may be agreed upon,
32. Partial Utilization --Use by OWNER of a
substantially completed part of the Work for the
.purpose for which it is intended (or a related
Purpose) prior to Substantial Completion of all the
Work.
33. PCBs --Polychlorinated biphenyls.
34. Petroleum --Petroleum, including crude oil
or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees
Fahrenheit and 14.7 pounds per square inch
absolute), such as oil, petroleum, fuel oil, oil
sludge, oil refuse, gasoline, kerosene, and oil mixed
with other non -Hazardous Wastes and crude oils.
35, Project --The total construction of which the
Construction to be provided under the Contract
Documents may be the whole, or a part as
indicated elsewhere in the Contract Documents.
36. Proposal --The documents submitted by
DESI,GNBUILDER in response to the Request
for Proposals setting forth the design concepts,
proposed prices, and other conditions for the Work
to be performed.
37. Radioactive Material --Source, special
nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011
et seq.) as amended from time to time.
38. Request for Proposals --The document
prepared by or, for OWNER specifying and
describing OWNER's objectives and the procedure
to be followed in preparing and submitting a
Proposal and awarding a contract.
39. Resident Project Representative --The
authorized representative of OWNER who may be
assigned to the Site or any part thereof.
40. Schedule of Values --A schedule prepared by
DESIGNBUILDER and acceptable to OWNER
indicating that portion of the Contract Price to be
paid for each major component of the Work.
41, Sue --Lands or other areas designated in the Contract Documents as being furnished by
OWNER for the performance of the Construction,
storage, or access.
42• Specifications --Those portions of the
Contract Documents prepared by or for
DESIGNBUILDER and approved by OWNER
consisting of written technical descriptions of
materials, equipment, construction systems,
standards and workmanship as applied the
Construction and certain administrative details
applicable thereto.
43. Subcontractor --An individual or entity other
than a Supplier or Engineer having a direct
contract with DESIGNBUILDER or with any
other Subcontractor for the performance of a part
of the Work.
44. Submittal --A written or graphic document
prepared by or for DESIGNBUILDER which is
3
required by the Contract Documents to be
submitted to OWNER by DESIGNBUILDER.
Submittals may include Drawings, Specifications,
progress schedules, shop drawings, samples, Cash
Flow Projections, and Schedules of Values.
Submittals other than Drawings and Specifications
are not Contact Documents.
45. Substantial Completion --The time at which
the Construction (or a specified part) has
progressed to the point where it is sufficiently
complete, in accordance with the Contract
Documents, so that the Construction (or a specified
part) can be utilized for the purposes for which it is
intended. The terms "substantially complete" and
"substantially completed" as applied to all or part of
the Construction refer to Substantial Completion
thereof.
46. Supplementary Conditions --The part of the
Contract Documents which amends or supplements
these General Conditions.
47. Supplier --A manufacturer, fabricator,
supplier, distributor, materialman or vendor having
a direct contract with DESIGNBUILDER or with
any Subcontractor to furnish materials or
equipment to be incorporated in the Work by
DESIGNBUILDER or any Subcontractor.
48. Unit Price Work --Work to be paid for on
the basis of unit prices.
49. Work --The entire completed construction or
the various separately identifiable parts thereof
required to be performed or furnished under the
Contact Documents. Work includes and is the
result of performing or furnishing Design
Professional Services and Construction required by
the Contract Documents.
50. Work Change Directive --A written directive
to DESIGNBUILDER, issued on or after the
Effective Date of the Agreement and signed by
OWNER ordering an addition, deletion or revision
in the Work, or responding to differing site
conditions under which the Work is to be
performed as provided in paragraph 4.02 or to
emergencies under paragraph 6.15. A Work
Change Directive will not change the Contract
Price or the Contract Times, but is evidence that
the parties expect that the change directed or
documented by a Work Change Directive will be
incorporated in a subsequently issued Change
Order following negotiations by the parties as to its
effect, if any, on the Contract Price or Contract
Times.
51. Written Amendment --A written amendment
of the Contract Documents, signed by OWNER
and DESIGNBUILDER on or after the Effective
Date of the Agreement and normally dealing with
the nonengineering or nontechnical rather than
strictly design or construction -related aspects of the
Contract Documents.
ARTICLE 2--PRELEVIINARY MATTERS
2.01 Delivery of Bonds
A. When DESIGNBUILDER delivers the
executed Agreements to OWNER,
DESIGNBUILDER shall also deliver to OWNER
such Bonds as DESIGN/ BUILDER may be required
to furnish in accordance with paragraph 5.01.A.
2.02 Commencement of Contract Timer Notice to
Proceed
A. The Contract Times will commence to run on
the thirtieth day after the Effective Date of the
Agreement, or,.if a Notice to Proceed is given, on the
day indicated in the Notice to Proceed. A Notice to
Proceed may given at any time within thirty days
after the Effective Date of the Agreement. in as @4 elti
Will the Goal -- ---
'e -
2.03 Starting the Work
A. DESIGNBUILDER shall start to perform the
Work on the date when the Contract Times ence
o run. comm
2 04 Before Stav ng Construction
ItA DESIGN/BUILDER shall submit the following
for review within ten days after commencement of the
Contract Times:
I. A preliminary progress schedule indicating
the times (numbers of days or dates) for starting
and completing the various stages of the Work
including each Milestone specified in the Contract
Documents;
2. A preliminary schedule of required
Submittals and the times for submitting, reviewing
and processing each Submittal;
3. A preliminary Schedule of Values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts sufficient detail to serve as the basis for proin
ss Payments during performance of the Work gre
Such
prices will include a pro rasa amount of overhead
and profit applicable to each item of Work; and
4. A Preliminary Cash Flow projection.
B.
to the er, with copies to addition
identifiediat lementa each
ured
of insurance and of ry s,certificates
vi e of insurance which
either of them o
reasonably r st) which DESItonal insured may
OW respectively are required to ut and
. P and
2.05 Initial Conference
A Within twenty days after the Contract Times
start to run a conference attended by OWNER and
DESIGN/BUILDER and others as appropriate will be
held to establish a working understanding among the
parties as to the Work and to discuss the design
concepts, schedules referred to in paragraph 2s, process.04. procedures for handling Submittals,
Applications for Payment, maintaining required
records, items required pursuant to paragraph 8.0I.A.6
and other matters.
2.06 Initially Acceptable Schedules
�-94- DESIGNBUILDER shall have an additiona:
ten days to make corrections and adjustments and to
complete and resubmit the schedules. No progress
Payment shall be made to DESIGNBUILDER until
the schedules are submitted to and acceptable to
OWNER as provided below. The progress schedule
Will be acceptable to OWNER as providing an orderly
Progression of the Work to completion within. any
specified Milestones and the Contract Times, but such
acceptance will neither impose on OWNER
responsibility for the sequencing, scheduling Progress of the Work nor interfere with or relieve
DESIGNBUILDER from DESIGNBUILDER's fun
responsibility therefor. The format and structure of
the progress schedule will be as set forth in the
Contract Documents. OWNER's acceptance shall not
be deemed to confirm that the schedule is a reasonable
plan for performing the Work. DESIGNBUILDER's
schedule of Submittals will be acceptable to OWNER
as providing a workable arrangement for reviewing and
processing the required Submittals.
DESIGNBUILDER's Schedule of Values and Cash
Flow Projection will be acceptable to OWNER as to
form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
A. The Contract Documents comprise the entire
agreementbetween OWNER and DESIGNBUILDER
concerning the Work. The Contract Documents are
complementary; what is called for by one is as binding
as if called for by all. The Contract Documents will be
construed in accordance with the law of the place of
the Project.
B. It is the intent of the Contract Documents to
describe a functionally complete Project (or pari
thereof) to be designed and constructed in accordance
with the Contract Documents. Any Work, materials or
equipment that may reasonably be inferred from the
Contract Documents or from prevailing custom or
trade usage as being required to produce the intended
result will be furnished and performed whether or not
specifically called for. When words or phrases which
have a well-known technical or construction industry or
trade meaning are used to describe work, materials or
equipment, such words or phrases shall be interpreted
in 4taccordance with that meaning.
.02 References
A. Reference to standards, specifications, manuals or
codes of any technical society, organization or
association, or to the Laws or Regulations of any
governmental authority, whether such reference be
specific or by implication, shall mean the latest
standard, specification, manual, code or Laws or
Regulations is 499e; en the jest do) fei jeeeik,! OF
B. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.03.A , the provisions
of the Contract Documents shall take precedence in
resolving any conflict, error, ambiguity or discrepancy
between the provisions of the Contract Documents
and:
I. the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
2. the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation).
C. No provision of any such standard, specification,
manual, code or instruction shall be effective to change
the duties and responsibilities of OWNER,
DESIGNBUILDER or any of their subcontractors,
consultants, agents, or employees from those set forth
in the Contract Documents, nor shall it be effective to
assign to OWNER any duty or authority to supervise
or direct the furnishing or performance of the Work or
any duty or authority to undertake responsibility
inconsistent with the provisions of paragraph 8.02 or
eany other provision of the Contract Documents.
3.03 Amending and Supplementing Contract
Documents
A. The Contract Documents may be amended to
provide for additions, deletions and revisions in the
Work or to modify the terms and conditions thereof in
one or more of the following ways:
1. OWNE'R's approval of required Submittals
(pursuant to paragraph 6.16.13);
2. A Work Change Directive;
3. A Change Order•,
4. A formal Written Amendment; or
5. A Field Order.
3.04 Reuse of Documents
A. All documents including Drawings and
Specifications prepared or furnished by
DESIGNBUILDER pursuant to this Agreement are
instruments of service in respect of the Project and
DESIGNBUILDER shall retain an ownership and
property interest therein whether or not the Project is
completed. OWNER may make and retain copies for
information and reference in connection with the use
and occupancy of the Project by OWNER and others;
however, such documents are not intended or
represented to be suitable for reuse by OWNER or
others on extensions of the Project or on any other
Project. Any reuse without written verification or
adaptation by DESIGNBUILDER for the specific
Purpose intended will be at OWNER's sole risk and
without liability or legal exposure to
DESIGNBUILDER and OWNER shall indemnify and
hold harmless DESIGNBUILDER, Subcontractors,
and Engineer from all claims, damages, losses and
expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or
adaptation will entitle DESIGNBUILDER to further
compensation. at rates to be agreed upon by OWNER
and DESIGNBUILDER.
RTICLE 4--AVAILABILITY OF
tDIFFERDVG SITE CONDITIONS; LANDS;
DINTS; HAZARDOUS CONDITIONSNCE
4.01 Availability of Lands
A. OWNER shall furnish, as indicated in the
Contract Documents, the lands upon which the
Construction is to . be performed, rights -of -way and
easements for access thereto, and such other lands
which are designated for the use of
DESIGNBUILDER.
cord legal title and le a
the ]ands u on, tption of
P the truction is to be
Performed and p ' s inte erein as necessary
for giI- ue of'o I filing a mechanic aoa;n ,
OWNER shall identify any encumbrances
or restrictions not of general application but
specifically related to use of lands so furnished with
which DESIGNBUILDER will have to comply in
Performing the Work. Easements for permanent
structures or permanent changes in existing facilities
will be obtained and paid for by OWNER, unless
otherwise provided in the Contract Documents. If
DESIGNBUILDER and OWNER are unable to agree
on entitlement to or the amount or extent of any
adjustments in the Contract Price or the Contract
Times as a result of any delay in OWNER'S furnishing
these lands, rigbts-of•way or easements,
DESIGNBUILDER may make a claim therefor as
provided in Article 9.
C. DESIGNBUILDER shall provide for all
additional lands and access thereto that may be
required for temporary construction facilities or storage
of materials and equipment.
4.02 Differing Site Conditions
NER of (i) subsurface or latent physical ct
at t Site which differ materially from those i
in the on[ract Documents, or (ii) unknown
conditio at the Site, of an unusual natyy��
differmate 'ally from tbose ordina.iiv, ,, 1_.
generally
character
B. OWNER
promptly after re,
do materially so
decrease in the D
time required for,
whether or not cb
an equitable adjt
clause and the
writing by Clip e
:d as inhering in
by the Contract Iy
, which
red and
of the
�r investigat the site conditions
:eivi the ice. If the conditions
differ a cause an increase or
ESIGN ILDER's cost of, or the
per min any part of the Work,
an d as a re It of the conditions,
ment shall b made under this
mtract Price or es modified in
Order in accordant with Article 9.
C. N request by DESIGN/BUILD
equita an
a adjustment under paragraph 4A2 fall be
all? d unless DESIGNBUILDER has give the
wr' ten notice required; provided that the t e
.t _:L_J. n- _
4.03 Reference Points
A. DESIGNBUILDER shall be responsible for
laying out the construction and shall protect and
preserve the reference points established by OWNER
pursuant to paragraph 8.01.A.6.e and shall make no
changes or relocations without the prior written
approval of OWNER. DESIGNBUILDER shall
report to OWNER whenever any reference point or
property monument is lost or destroyed or requires
relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points or
property monuments by professionally qualified
personnel.
4.04 Hazardous Conditions
idbktified in the Contract Documents to be within e
sco of the Work. OWNER shall not be respo ble
for m erials creating a Hazardous Condition b ught
to the "te by DESIGN/BUILDER, Subco actors,
Supplie or anyone else fo whom
DESIGN/BIVILDER is responsible.
B. DESIG BUILDER and any affected
Subcontractor all neimmediate - (i) stop all
Construction in ction wi such Hazardous
Condition and in any rea affe ed thereby (except in
an emergency as requir by aragraph 6.15), and (ii)
notify OWNER (and the ter confirm such notice in
writing). OWNER sh romptly determine the
necessity of retaining qua' ied expert to evaluate
such Hazardous Con ion or t e corrective action, if
BU
any. DESIGNDER shall of be required to
resume Constr ion in tonne ion with such
Hazardous Co ttion or in any such a ected area until
after OWN has obtained any re ired permits
related they to and delivered to DESIG UILDER
special tten notice (i) specifying at such
Hazard s Condition and any affected area or has
been ndered safe for the resumption of Constr tion,
or 1) specifying any special conditions under ich
s h Construction may be resumed safely. If OWN
s ecial conditions under which Construction is agre d
b DESIGNBUILDER to be resumed, either p ty
ma make a claim therefor as provided in Article
C. If after receipt of such special written notice
DESI BUILDER does not agree to resume
Constru lion based on a reasonable belief it ' unsafe,
or does n t agree to resume such Construe on. under
such speci conditions, then OWNER ma order such
portion oft e Work that is related [o su Hazardous
Condition or 'n such affected area to b deleted from
the Work. OWNER and DESI NBUILDER
cannot agree a to entitlement too the amount or
extent of an adl stment, if any, in utract Price or
Contract Times a a result of dele ' g such portion of
the Work, then eit r party may ke a claim therefor
as provided in Arti le 9. OW R may have such
deleted portion of th Work pe ormed by OWNER's
own forces or others i actor In
with Article 7.
D. To the fullest ex n permitted by Laws and
Regulations, OWNER 11 indemnify and hold
harmless DESIGNBU DER, Subcontractors,
Suppliers, Engineers d the officers, directors,
employees, agents, oth consultants and
subcontractors of ea and a y of them from and
against all claims, cos s, losses a damages (including
but not limited to fees and c arges of engineers,
architects, attorne and other p fessionals and all
court or arbitrati n or other disput resolution costs)
arising out of r resulting from uch Hazardous
Condition, pro ded that (i) any such laim, cost, loss
or damage is attributable to bodily
oi 'ury, sickness,
disease or ath, or to injury to or struction of
tangible pr erty (other than completed onstruction
Services), ' eluding the loss of use resulting herefrom,
and (ii) thing in this paragraph 4.04.D sha obligate
OWNE to indemnify any individual or en 'ty from
and a inst the consequences of that individ al's or
entity s own negligence or willful misconduct.
. The provisions of paragraph 4.02 are of
in ended to apply to materials uncovered or revea d
the Site which are or could be a Hazardo
r J �vacn�mr:r
ARTICLE 5..130NDS AND INSURANCE
5.01 Performance, Payment and Other Bonds
A. DESIGNBUILDER shall furnish performance
and payment Bonds, each in an amount at least equal
to the Contract Price as security for the faithful
performance and payment of allDESIGN/BUILDER'S
obligations to furnish, provide and pay for Construction
and related materials under the Contract Documents,
These Bonds shall remain in effect at least until one
year after the date when final payment becomes due,
except as provided otherwise by Laws or Regulations
or by the Contract Documents. DESIGNBUILDER
shall also furnish such other Bonds as are required by
the Supplementary Conditions. All Bonds shall bein
the form prescribed by the Contract Documents except
as provided otherwise by Laws or Regulations, and
shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds
and as Acceptable Reinsuring Companies" as published
in Circular 570 (amended) by the Audit Staff, Bureau
Of Government Financial Operations, U.S. Treasury
Department, All Bonds signed by an agent must be
accompanied by a certified copy of such a
authority to act. gent's
eB. If the surety on any Bond furnished by
beESIGNBUILDER is declared a bankrupt or
comes insolvent or its right to do business is
terminated in any state where any part of the Project
is located or it ceases to meet the requirements of
Paragraph 5.01.A, DESIGNBUILDER shall within
thirty days thereafter substitute another Bond and
surety meeting the requirements of paragraphs 5.01.A and 5.09.
5.02 DES7GN1BU1LDER's Liability Insurance
A. DESIGNBUILDER shall purchase and
maintain such Comprehensiveor Commercial General
Liability (subject to customary exclusions in respect of
professional liability), Automobile Liability and
Worker's Compensation insurance as is appropriate for
the Work being performed and furnished and as will
provide protection from claims set forth below which
may arise out of or result from DESIGNBUILDER's
performance and furnishing of [he Work and
DESIGNBUILDER's other obligations under the
Contract Documents, whether it is to be performed or
furnished by DESIGNBUILDER, any Subcontractor
or Supplier,
directly indirectly
employed by any of them to perform or furnish any of
the Work, or by anyone for whose acts any of them
may be liable:
L Claims under workers' compensation, disability benefits and other similar employee
benefit acts;
2. Claims for damages because of bodily
injury, occupational sickness or disease, or death of
DESIGNBUILDER's employees;
3. Claims for damages because of bodily
injury, sickness of disease, or death of any person
other than DESIGN/BUILDER's employees;
rzo^'
sustaine i son a
directly or ' e ate a _ Offense
o merit of
5. Claims for damages, other than to the
Work itself, because of injury to or destruction of
tangible property wherever located, including loss
of use resulting therefrom; and
6. Claims for damages because of bodily injury
or death of any person or property damage arising
out of the ownership, maintenance or use of any
motor vehicle.
B. Thepoliciesofinsurance requiredby paragraph
5.02.A shall:
1• With respect to insurance required by
paragraphs 5.02.A.3 through 5.02.A.6 inclusive,
include as additional insureds OWNER and
OWNER's Consultants and any other persons or
entities indicated in the Supplementary Conditions,
all of whom shall be listed as additional insureds,
and include coverage for the respective officers and
employees of all such additional insureds;
2. Include at least the specific coverages and
be written for not less than the limits of liability
provided in the Supplementary Conditions or
required by Laws or Regulations, whichever is
greater;
it3. Include completed operations insurance;
4. Include contractual liability insurance
covering DESIGN/BUILDER'S indemnity
obligations under paragraphs 6.06, 6.10 and 6.19;
S. Contain a provision or endorsement that
the coverage afforded will not be cancelled,
materially changed or renewal refused until at least
30 days prior written notice has been given to
OWNER and each other additional insured
indicated in the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
certificates of insurance furnished .by the
DESIGNBBUILDER pursuant to paragraph 5.09.13
will so provide);
6. Remain in effect at least until final
payment and at all times thereafter when
DESIGNBUILDER may be correcting, removing
or replacing defective Construction in accordance
with paragraphs 12.06 and 12.07; and
7. With respect to completed operations
insurance, and any other insurance coveragewritten
on a claims -made basis, remain in effect for at least
two years after final payment (and
DESIGNBUILDER shall furnish OWNER and
each other additional insured indicated in the
Supplementary Conditions to whom a certificate of
ingi—nce has been issued evidence satisfactory to
OWNER and any such additional insured of
continuation of such insurance at final payment and
tO3OTTWER's
ne year thereafter).
Liability Insurance
A. In addition to the insurance required to be
provided by DESIGNBUILDER under paragraph
5.02, OWNER, at OWNER's option, may purchase
and maintain at OWNER's expense OWNER's own
liability insurance as will protect OWNER against
claims which may arise from operations under the
Contract Documents.
5.04 Property Insurance
-uusp
p perty insurance upon the Construction at
in Ve amount of the full replacement cost
(sub ct to such deductible amounts as
provi din the Supplementary Conditions or
by La and Regulations). This insurance wi:
1. Nnclude the interests of WNER,
DESIG BUILDER, Subcontractors, and any
other p sons or entities indica d in the
Suppleme\1n
Conditions, each f whom is
deemed toe an insurable inter t and shall be
listed as aured oradditional' cured:
2. Be writt on a B
open peril or spec l cause
shall at least includ 'nsura
damage to the Cons ucti
falsework and all
transit, and shall
following perils or
extended coverage,
mischief, earthqua
demolition occasio
Regulations, war
or causes of loss s
the SUDDlemen ary
uilde s Risk "all-risk" or
s of oss policy form that
n for physical loss and
o , temporary buildings,
als and equipment in
against at least the
of loss: fire, lightning,
th/ft, Nlpdalism and malicious
coil se, debris removal,
d by eaf cement of Laws and
damage, an such other perils
may be spec ically required by
Conditions;
3. Incl 96e expenses incurred in the repair or
replacemej of any insured property (t cluding but
not limitr to fees and charges of en 'neers and
4. Cover materials and equipment sto ed at
the ite or at another location that was agre d to
in ruing by OWNER prior to being incorpor ed
i the Construction, provided that such materi s
10
'NER and DESIGN/BUILDER with thirty da
ten notice to each other additional insured o
m a certificate of insurance has been Is
III
6. Allow partial ut Hzation in accorda/e with
gra h 5.08.
B. OW R
boiler and ma in
insurance as m
Conditions or La
the interests o
Subcontractors, an
indicated in the S
whom is deemed to
be listed as an insu
shall purchase and
b7einsurance or adc
brequired by the
s and Regulations wi
OWNER, DESI13 JJ
any other indivjfluais or entities
/ditions, each of
interest and shall
insured.
an
ain such
property
will include
C. A11 the po&ci of insurance (and the
certificates or other evid ce hereof) required to be
Purchased and maintained OWNER in accordance
With paragraph 5.04 will contain a provision or
endorsement that the cov r e afforded will not be
cancelled or materially an d or renewal refused
until at least 30 days' rior tten notice has been
given to DESIGNS IL DER and to each other
additional insured to hom a ce ificate of insurance
has been issued and '11 contain fiver provisions in
accordance with pa agraph 5.OS.A
D. OWNE shall not be r
purchasing aad aintaiain an spoasible for
Protect the interests of y proper insurance to
Subcthe
ontracto ,Suppliers, Engineers or fiefs In
Work to the extent of any deductible amou is that are
identified i the Supplementary Conditions. The risk
of loss wi in such identified deductible am unt, will
be born by DESIGNBUILDER, Subconit for or
Others ffering any such loss and if any of them ishes
prope y insurance coverage within the limits o such
amo is, each may purchase and maintain it at the
pur aser's own expense.
E. f DEr'tS'INGauNcB�UI_L_DER requests iIl witing th`
94
ESIGNBUILDER by appropriate Change Order r itten Amendment. Prior to commencement of e
Wo k at the Site, OWNER shall in writing a ise
DE GNBUILDER whether or not such insura ce has been procured by OWNER. they
5.05 fiver of Rights
A- O ER and DESIGNBUILDE intend that
all policies urchased in accordance wi paragraph
5.04 will p tect OWNER, DESI
Engineers
Su BUILDER,
ntractors, and all oth individuals or
entities indicate in the Supplement Conditions to
be listed as insu ads or additiona insureds in such
Policies and will pr vide primary cq erage for all losses
and damages caus by the pens or causes of loss
covered thereby, such licies shall contain
provisions to the effec that in a event of payment of
any loss or damage the 'nsur s will have no rights of
recovery against any o th insureds or additional
insureds thereund
DESIGNBUII DER waiv OWNER a n d
aginst each th at
and their respective offi rs,ll tractors,aemploy es and
agents for all losses and ama s caused by, arising out
of or resulting from a of the erils or causes of loss
covered by such p icies and any other property
insurance applicabl to the Wo and, in addition,
waive all such righ against Sub co ractors, Suppliers,
Engineersandall therindividuaIso entities indicated
in the Supple entary Conditions o be listed as
insureds or ad tional insureds under ch policies for
losses and d ages so caused. None of the above
waivers shall xtend to the rights that any arty making
such waive may have to the proceeds insurance
held by O NER as trustee or otherwise pa ble under
any poll so issued. In addition, OWNER aives all
rights ainst DESIGNBUILDER
Eng n e, Subcon actors,
rs and Suppliers and the officers, di ctors,
empl yees and agents of any of them for bu 'ness
inte ruption, loss of use of OWNER's property an ny
of r consequential damages caused by, arising out of
o resulting from any of such insured perils or caus
11
5.06 Receipt and Application of Proceeds
A. Any insured loss under the policies of
insurance required by paragraph 5.04 will be adjusted
With OWNER and made payable to OWNER as
fiduciary for the insureds, as their interests may
appear, subject to the requirements of any applicable
mortgage clause and of paragraph 5.06.B. OWNER
shall deposit in a separate account any money so
received, and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no
other special agreement is reached the damaged Work
shall be repaired or replaced, the moneys so received
applied on account thereof and the Work and the cost
thereof covered by an appropriate Change Order or
Written Amendment.
B. OWNER as fiduciary shall have power to
adjust and settle any loss with the insurers unless one
of the parties in interest shall object in writing within
fifteen days after the occurrence of loss to OWNER's
exercise of this power. If such objection,be made,
OWNER as fiduciary shall make settlement with the
insurers in accordance with such agreement as the
parties in interest may reach. If no such agreement
among the parties in interest is reached, OWNER as
fiduciary shall adjust and settle the loss with the
insurers as ;squiFsd_ L
ia;eFest
---- � -r -
5.07 Acceptance of Bonds and Insurance; Option to
Replace
or rance required to be purchased and MainWIed
by the o r party in accordance with Artic on the
bass of th ' not complying wit e Contract
Documents, the ecting part all so notify the
other party in writing i n days after receipt of
the certificates (or othe t ce requested) required
by paragraph ,04.B. OWNER and
DESIGNBU ER shall each provt to the other
such ad onal information in respect o ' surance
pro ' ed as the other may reasonably reque . If
the of the Work, or of such failure t r ntain
prior to any a in the required c� age. Without
prejudice to any othe t t medy, the other party
may elect to obtain a onds or insurance to
protect such r parry's interests a expense of
the o was supposed to providesuc ra¢e,
5.08 Partial Utilization --Property Insurance
A. If OWNER finds it necessary to occupy or use
a portion or portions of the Work prior to Substantial
Completion of all the Construction, such use or
occupancy may be accomplished in accordance with
paragraph 13.06; provided that no such use or
occupancy shall commence before the insurers
providing the property insurance have acknowledged
notice thereof and in writing effected any changes in
coverage necessitated thereby. The insurers providing
the property insurance shall consent by endorsement
on the policy or policies, but the property insurance
shall not be cancelled or permitted to lapse on account
of any such partial use or occupancy.
5.09 Licensed Sureties and Insurers; Certificates of
Insurance
A. All Bonds and insurance required by the
Contract Documents to be purchased. and maintained
by OWNER or DESIGN/BUILDER shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds or insurance policies
for the limits and coverages so required. Such surety
and insurance companies shall also meet such
additional requirements and qualifications as may be
provided in the Supplementary Conditions.
B. DESIGNBUILDER shall deliver to OWNER,
with copies to each additional insured indicated in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
OWNER or any other additional insured) which
DESIGNBUILDER is required to purchase and
maintain in accordance with paragraph 5.02.A.
12
3
' c--Sc--aad�.actd;ticaa�yysy�.' '
Supplem onditions, certificat
(and other evidence surance
DESIG rance requested by
or any other a sured)
ARTICLE 6--DESIGN/BUILDER'S
RESPONSIBILITIES
6.01 Design Professional Services
A. Standard of Care. DESIGNBBUILDER shall
perform or furnish Design Professional Services and
related services in all phases of the project. The
standard of care for all such services performed or
furnished under this Agreement will be the care and
skill ordinarily used by members of the engineering
profession practicing under similar conditions at the
same time and locality.
B. Preliminary Design Phase. After the Contract
Times commence to run, DESIGNBUILDER shall:
I. Consult with OWNER to understand
OWNER's requirements for the Project and review
available data.
2. Advise OWNER as to the necessity of
OWNER's providing or obtaining from others
additional reports, data or services of the types
provided in paragraph 8.0l.A.6.a-f and assist
OWNER in obtaining such reports, data, or
services.
3. Identify and analyze requirements of
_governmental authorities having jurisdiction to
approve the portions of the Project designed or
specified by DESIGNBUILDER with whom
consultation is to be undertaken in connection with
the Project.
4. Obtain such additional geotechnical and
related information which it deems necessary for
Performance of the Work.
5. On the basis of th� nceptual Documents
and DESIGNBUILDER'sA Proposal, prepare
preliminary design documents consisting of final
design criteria, preliminary drawings, outline
specifications, and written descriptions of the
Project.
6. Furnish the preliminary design documents
to and review them with OWNER within the time
indicated in the schedules described in paragraph
2.06.A.
C. Final Design Phase; After written acceptance by
OWNER of the preliminary design phase documents
DESIGNBUILDER shall:
I. On the basis of the accepted Preliminary
Design Phase documents, prepare final Drawings
showing the scope, extent, and character of the
Construction to be performed and furnished by
DESIGNBUILDER and Specifications (which will
be prepared, where appropriate, in general
conformance with the sixteen division format of the
Construction Specifications Institute).
2. Provide technical criteria, written
descriptions and design data required for obtaining
approvals of such governmental authorities as have
jurisdiction to review or approve the final design of
the Project, and assist OWNER in consultations
With appropriate authorities.
3. Furnish the above documents, Drawings
and Specifications to and review them with
OWNER within the time indicated in the schedules
described in paragraphs 2.04.A and 2.06.A.
D.Operational Phase. During the Operational
Phase, DESIGNBUILDER shall:
I. Provide assistance in connection with the
start-up, testing, refining and adjusting of any
equipment or system.
2. Assist OWNER in training staff to operate
and maintain the Project.
13