General Conditions of the Contract for Construction

1 STATE OF CALIFORNIA DEPARTMENT OF General SERVICES REAL ESTATE SERVICES DIVISION Document 00 72 00 General Conditions of the Contract for Construction October 2011 Edition General Conditions OF THE Contract FOR Construction October 2011 Edition 00 72 00 - i Table of Articles page 1. General PROVISIONS 1 Definitions Execution. Correlation and Intent Use of the State s Drawings, Project Manual and other Documents Capitalization Conflicts in the Contract Documents Requests for Information, Clarifications or Additional Instructions 2.

2 ADMINISTRATION OF THE Contract 5 Information and/or Services Required of the State Administration of the Contract Breaches, Defaults and Termination for Cause Termination for the State s Convenience Suspension by the State for Convenience 3. CONTRACTOR 7 Review of Contract Documents and Field Conditions by the Contractor Supervision and Construction Procedures Labor and Materials Nondiscrimination Clause Guarantee Taxes Permits, Fees and Notices 3 8 Allowances Superintendent Contractor s Progress Schedule Documents and Samples at the Project Site Shop Drawings, Product Data and Samples (Submittals) Tests and Inspections Use of Project Site Cutting and Patching Cleaning Up Access to Work Royalties and Patents Indemnification Air Pollution Certification by Contractor of Recycled Content Unfair Business Practices Child Support Compliance Act NOT USED Contractor Required Notification of Changes General Conditions OF THE Contract FOR Construction October 2011 Edition 00 72 00 - ii Table of Articles page 4.

3 SUBCONTRACTORS 16 Subletting and Subcontracting Subcontractual Relations Disabled Veteran Business Enterprise Program Contract Assignments 5. Construction BY THE STATE OR BY SEPARATE CONTRACTORS 17 State s Right to Perform Construction and to Award Separate Contracts Mutual Responsibility State s Right to Clean Up 6. CHANGES IN THE WORK 18 General Change Order Acceptance of Change Orders Effect on Sureties 7. TIME 21 Notice to Proceed Contract Time Liquidated Damages Time Extensions Delays in Completion of the Work Acceleration 8. PAYMENTS AND COMPLETION 23 Schedule of Values Timeliness of Payments Retentions Assignment of Contract Funds Occupancy by the State Prior to Completion of the Work Acceptance of the Work and Final Payment Interest 9.

4 DISPUTES AND CLAIMS 24 Dispute and Claim Procedures Audit and Access to Records General Conditions OF THE Contract FOR Construction October 2011 Edition 00 72 00 - iii Table of Articles page 10. PROTECTION OF PERSONS AND PROPERTY 26 Safety of Persons and Property Emergencies Drug-Free Workplace 11. INSURANCE AND BONDS 28 Contractor's Insurance No Personal Liability Performance Bond and Payment Bond 12.

5 UNCOVERING AND CORRECTION OF WORK 30 Uncovering and Correction of Work Correction of Work Acceptance of Nonconforming Work 13. MISCELLANEOUS PROVISIONS 31 Governing Law Successors and Assigns Written Notice Contractor s Use of Computer Software Independent Contractor Unenforceable Provisions Expatriate Corporations Domestic Partners Air or Water Pollution Violation Certification by Contractor of Disabled Veteran Business Enterprise/Small Business

6 Participation General Conditions OF THE Contract FOR Construction October 2011 Edition 00 72 00 - 1 DOCUMENT 00 72 00 - General Conditions OF THE Contract FOR Construction ARTICLE 1 - General PROVISIONS DEFINITIONS: When the following terms appear in the Contract , they shall have the following meaning: Acceptance of the Work: Written acceptance of the Work by the Director of the Department of General Services, State of California, or the Director s designee. Act of God: An Act of God shall include only the following occurrences or Conditions and effects: .1 Earthquakes in excess of a magnitude of on the Richter Scale; or .2 Tidal waves. Addendum (Addenda): A document issued by the State during the bidding period which modifies, supersedes or supplements the Contract Documents.

7 Alternative: Refer to Approved Equal and Substitution. Applicable Codes: Include, but are not limited to, applicable laws, statutes, regulations, rules, building and other codes, ordinances, rulings, and lawful orders of all public authorities having jurisdiction over the State, the Contractor, Subcontractors, the Project, the Work, or the execution of the Work. Approved Equal: Material, equipment, or method approved by the State for use in the Work, as being acceptable as an equivalent in essential attributes to the material, equipment, or method specified in the Contract Documents. Agreement: The written and executed document known as Document 00 52 00, Agreement. Architect or Engineer: The State, or the State's consultant listed in the Contract Documents as the designer of record responsible for the preparation and coordination of the Drawings and technical sections of the Project Manual.

8 Beneficial Occupancy: Occupancy and use by the State of all, or part, or parts, of the Work as selected by the State, prior to Completion. Bidder: Any individual, partnership, corporation, association, joint venture, or any combination thereof, submitting a Bid Form for the Work. Change Order: A written order issued by the State used to determine adjustments in the Contract based on: .1 a change in the Work, .2 the amount of the adjustment in the Contract Sum, and .3 the extent of the adjustment in the Contract Time. Claim: An unresolved Dispute arising under or relating to the performance of the Contract which can only be filed after Acceptance of the Work and the final statement to the Contractor.

9 Completion: When the entire Work has been performed in accordance with the Contract requirements as delineated in the Contract Documents and Project Manual. Completion of the Work occurs when the State s final inspection has been made and all Construction , services and deliverables have been fully executed as determined by the State s Representative, including but not limited to completion of all punch-list items and delivery of as-built drawings, operation & maintenance manuals, guaranties, warranties, spare parts, reports and certifications as noted in the Project Manual, Section 01 77 00. Contract : The Contract Documents form the Contract for Construction . The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral.

10 The Contract may be amended or modified by a Change Order. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the State and the Contractor. General Conditions OF THE Contract FOR Construction October 2011 Edition 00 72 00 - 2 Contract Documents: The Contract Documents consist of the Agreement between the State and Contractor, Payment and Performance Bonds; the Conditions of the Contract , including General , Supplementary and other Conditions ; Drawings, Specifications, Addenda and Change Orders. Contract Sum: The Contract Sum is stated in the Agreement and, including authorized adjustments by Change Order, is the total amount payable by the State to the Contractor for performance of the Work under the Contract Documents.