GENERAL PROVISIONS
GP-4.01INTENT OF CONTRACT
the lines, grades, typical cross sections, dimensions, and other data shown on the Plans or as modified by written orders including the furnishing of all materials, implements, machinery, equipment, tools, supplies, transportation, labor, and all other things necessary to the satisfactory prosecution and completion of the project in full compliance with the Contract requirements.
and to describe the construction and completion of the work. Anything mentioned in the Specifications and not shown on the Contract drawings, or shown on the Contract drawing and not mentioned in the Specifications shall be of like effect as if it is shown or mentioned in both.
which are manifestly necessary to carry out the intent of the drawings and Specifications or which are customarily performed shall not relieve the Contractor from performing such omitted or misdescribed details of work, but they shall be performed as if fully and correctly set forth and described in the drawings and Specifications.
GP-4.02GENERAL PROVISIONS CONTROLLING
In the event of a conflict between these General Provisions and any other provision of the Contract Documents, these General Provisions shall prevail unless such other provision expressly provides to the contrary.
GP-4.03ENTIRE CONTRACT
The Contract Documents represent the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements either written or oral.
GP-4.04VARIATIONS IN ESTIMATED QUANTITIES
On Administration Contracts, in addition to GP-4.04 Variations in Estimated Quantities, TC-7.08 Eliminated Items shall apply. Where the quantity of a pay item in this Contract is an estimated quantity and where the actual quantity of such pay item varies more than 25 percent above or below the estimated quantity stated
in this Contract, an equitable adjustment in the Contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 125 percent or below 75 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the procurement officer shall, upon receipt of a written request for an extension of time within 10 days from the beginning of the delay, or within a further period of time which may be granted by the procurement officer before the date of final settlement of the Contract, ascertain the facts and make the adjustment for extending the completion date as in the procurement officer’s judgement the findings justify.
GP-4.05DIFFERING SITE CONDITIONS
procurement officer in writing of:
those indicated in this Contract; or
materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. The procurement officer shall promptly investigate the conditions, and if the procurement officer finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this Contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Contract modified in writing accordingly.
given the notice required in (a) above; provided however, the time prescribed therefore may be extended by the State.
asserted after final payment under this Contract.
GP-4.06CHANGES
any, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes:
interpretation or determination, from the procurement officer that causes any such change, shall be treated as a change order under this clause, provided that the Contractor gives the procurement officer written notice stating the date, circumstances, and source of the order and that the Contractor regards the order as a change order.
shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment hereunder.
in the Contractor's cost of, or the time required for, the performance of any part of the work under this Contract, whether or not changed by any order, an equitable adjustment shall be made and the Contract modified in writing accordingly. Provided, however, that except for claims based on defective specifications, no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor gives written notice as therein required; and provided further, that in the case of defective Specifications for which the State is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with such defective Specifications.
the Contractor shall, within 30 days after receipt of a written change order under (a) above or the furnishing of written notice under (b) above, submit to the procurement officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the State. The statement of claim hereunder may be included in the notice under (b) above.
to the prior written approval of the procurement officer and other appropriate authorities and to prior certification of the appropriate fiscal authority of fund availability and the effect of the modification or change order on the project budget or the total construction cost. If, according to the certification of the fiscal authority, the Contract modification or change order will cause an increase in cost that will exceed budgeted and available funds, the modification or change order may not be made unless sufficient additional funds are made available or the scope of the project is adjusted to permit its completion within the project budget.
asserted after final payment under this Contract.
GP-4.07NEGOTIATED PAYMENT PROVISION
If the Contractor is entitled to an equitable adjustment, the Contractor shall be allowed to add the following maximum percentages for overhead and profit to the Contractor’s costs for labor and materials:
performed by the Contractor’s own forces.
performed by the subcontractor; the Contractor may add an additional 5 percent of the subcontractor's costs for labor and materials.
negotiated prior to completion of the added or changed work and do not apply to work performed on a force account basis as provided for in Section GP-9.02 (On Administration Contracts TC-7.03 Force Account Work shall apply) or GP-4.04 Variations in Estimated Quantities.
GP-4.08UNAUTHORIZED WORK
Work done contrary to or regardless of the instructions of the procurement officer; work done beyond the lines and grades shown on the Contract Drawings, or as given; or any extra work done without written authority will be considered as unauthorized and at the expense of the Contractor and will not be measured or paid for. Work so done may be ordered removed and/or replaced at the Contractor's expense.
GP-4.09FINAL CLEAN UP
Upon completion of the work specified in the Contract and before final payment will be made, the construction area and all other adjoining areas, other than those owned by him, occupied by the Contractor during the construction of said Contract shall be cleaned of all surplus and discarded materials, spilled materials, excess materials left deposited on the permanent work as a result of the Contractor's operations, false work, and rubbish and temporary structures and buildings, that were placed thereon by the Contractor. The adjoining areas mentioned above, outside the normal pay limits for seeding, will be reshaped, seeded and mulched, or otherwise restored as directed by the procurement officer at the Contractor's expense.
GP-4.10WARRANTY OF CONSTRUCTION
On Administration Contracts GP-4.10 Warranty of Construction does not apply unless otherwise specified in the Contract Documents.
Contractor warrants for one year after final acceptance of the work, that work
performed under this Contract conforms to the Contract requirements and is free of any defect of equipment, material or design furnished, or workmanship performed by the Contractor or any of the Contractor’s subcontractors or suppliers at any tier. With respect to any part of the work which the State takes possession of prior to final acceptance, such warranty shall continue for a period of one year from the date the State takes possession. Under this warranty, the Contractor shall remedy at the Contractor’s own expense any such failure to conform or any such defect. In addition, the Contractor shall remedy at the Contractor’s own expense any damage to State owned or controlled real or personal property, when that damage is the result of the Contractor's failure to conform to Contract requirements or any such defect of equipment, material, workmanship, or design. The Contractor shall also restore any work damaged in fulfilling the terms of this clause. The Contractor's warranty with respect to work repaired or replaced hereunder will run for one year from the date of such repair or replacement.
discovery of any failure, defect, or damage.
above within a reasonable time after receipt of notice thereof, the State shall have the right to replace, repair, or otherwise remedy such failure, defect, or damage at the Contractor's expense.
manufacturers', and suppliers' warranties expressed or implied, respecting any work and materials shall, at the direction of the State, be enforced by the Contractor for the benefit of the State. In such case if the Contractor's warranty under (a) above has expired, any suit directed by the State to enforce a subcontractor's, manufacturer's or supplier's warranty shall be at the expense of the State. The Contractor shall obtain any warranties which the subcontractors, manufacturers, or suppliers would give in normal commercial practice.
to be executed in writing to the State.
the negligence of the Contractor or the Contractor’s subcontractors or suppliers at any tier, the Contractor shall not be liable for the repair or any defects of material or design furnished by the State nor for the repair of any damage which results from any such defect in State furnished material or design.
Acceptance for Maintenance clause of this Contract.
GENERAL PROVISIONS
GP-5.01AUTHORITY OF THE PROCUREMENT OFFICER
acceptability of materials furnished and work performed and as to the rate of progress of said work; all questions which may arise as to the interpretation of any or all Plans and Specifications; and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor.
and materials which are to be paid for under the Contract.
due to the failure of the Contractor to carry out provisions of the Contract.
GP-5.02CONFORMITY WITH CONTRACT REQUIREMENTS
All work performed and all materials furnished shall be in conformity with the Contract requirements. In the event the procurement officer finds the materials or the finished product in which the materials are used or the work performed are not in reasonably close conformity with the Contract requirements and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. In the event the procurement officer finds the materials or the finished product in which the materials are used are not in conformity with the Contract requirements but that acceptable work has been produced, the procurement officer shall then make a determination if the work shall be accepted. In this event, the procurement officer will document the basis of acceptance by a change order which will provide for an appropriate adjustment in the Contract price. Any action taken pursuant to this paragraph may not result in an increase of the Contract price.
GP-5.03DISCREPANCIES IN THE CONTRACT DOCUMENTS
In the event the Contractor discovers any discrepancies in the Contract Documents, the Contractor shall immediately notify the procurement officer. The procurement officer will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Contract. For governing order of Contract Documents, see TC-3.01.