GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION.docx

1、GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTIONDOCUMENT 00700GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTIONARTICLE 1 - GENERAL PROVISIONS1.1 DEFINITIONS: When the following terms appear in the Contract, they shall have the following meaning:Acceptance of the Work: Written acceptance of the

2、Work by the Acting Director of the Office of Court Construction and Management of the Judicial Council of California/Administrative Office of the Courts, State of California, or the Directors designee.Act of God: An Act of God shall include only the following occurrences or conditions and effects: .

3、1 Earthquakes in excess of a magnitude of 3.5 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.Alternative: Refer to Approved Equal and Substitution.Applicable Codes:

4、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 prosecution of the Work.Approve

5、d 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 Form: The written and fully executed State Standard Agreement Form which

6、 is attached to and incorporated by reference to the Contract Documents.Architect or Engineer: The State, or the States 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.

7、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 writt

8、en order issued by the State on a State Standard Agreement Form and signed by both the State and the Contractor which alters the Contract Documents and identifies the following, as applicable: .1 a change in the Work, .2 a change in the Contract Sum, .3 the extent of the adjustment in the Contract T

9、ime, and/or.4 an adjustment to the Contract terms. Claim: An unresolved Dispute arising under or relating to the performance of the Contract that can only be filed after the final statement to the Contractor.Completion: When the entire Work is completed in accordance with all Contract requirements,

10、as determined by the State.Contract: The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended

11、 or modified by a Change Order executed by both parties. 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. Contract Documents: The Contract Documents include the Agreement Form and t

12、hese General Conditions of the Contract for Construction as well as any other documents referred to therein, and also includes any Payment and Performance Bonds; any Change Orders referred to herein that are authorized hereunder and any documents referred to under such Change Orders.Contract Sum: Th

13、e Contract Sum is stated on the face of the Agreement Form 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. Contract Time: Unless otherwise provided, the Contract Time is the period of ti

14、me, including authorized adjustments, allotted in the Contract for Completion of the Work.Contractor: The individual, partnership, corporation, association, joint venture, or any combination thereof, who has entered into a contract with the State to do the Work, identified as such in the Contract, a

15、nd referred to throughout the Contract as if singular in number. The term Contractor means the Contractor or the Contractors representative.Day: Calendar day, unless otherwise specifically defined.Department or OCCM: The Office of Court Construction and Management of the Judicial Council of Californ

16、ia/Administrative Office of the Courts, State of California.Director: The Acting Director of the Office of Court Construction and Management of the Judicial Council of California/Administrative Office of the Courts, State of California, or the Directors designee.Dispute: A demand during performance

17、of the Work seeking adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. A Dispute is not a Claim.Drawings: The graphic and pictorial portions of the Contract Documents, illustrating the design, location and di

18、mensions of the Work, generally including but not limited to, plans, elevations, sections, details, schedules and diagrams.Emergency: A sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, prop

19、erty, or essential public services.General Notes: The written instructions, provisions, conditions or other requirements appearing on the Drawings, and so identified thereon, which pertain to the performance of the Work.Guarantee: The Contractors assurance that the Project complies with the requirem

20、ents of the Contract Documents.Official Progress Schedule: The Contractors baseline schedule and updates accepted by the State. Or Equal: Refer to Approved Equal.Owner: The State of California. Product Data: Illustrations, standard schedules, performance charts, instructions, brochures, diagrams and

21、 other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.Project: The total construction of which the Work performed under the Contract may be the whole or a part.Project Manual: The volume(s) assembled for the Work which includes the Introduct

22、ory Information, Bidding Requirements, Contracting Requirements, Specifications, and other information as may be listed in the Project Manual Table of Contents.Request for Information (RFI): A written request by the Contractor submitted in a State provided format for information regarding Project sp

23、ecific issues. Retention: A percentage of the Contract Sum held back upon completion of the Work, or any portion of the Work, to cover outstanding liabilities, contingencies, and the like, as specified in the Contract Documents.Samples: Physical examples which illustrate materials, equipment or work

24、manship and establish standards by which the Work will be judged.Schedule of Values: A document furnished by the Contractor to the State reflecting the portions of the Contract sum allotted for the various parts of the Work, and used as the basis for reviewing the Contractors applications for progre

25、ss payments.Shop Drawings: Drawings, diagrams, schedules, and other data specially issued for the Work by the Contractor or a Subcontractor, Sub-subcontractor, and material suppliers to illustrate some portion of the Work.Specifications: That portion of the Contract Documents consisting of the writt

26、en requirements for materials, standards, equipment, construction systems, and standards of workmanship for the Work, and performance of related services.State or AOC: The State of California acting through the Judicial Council of California/Administrative Office of the Courts.State Construction Sup

27、ervisor/Inspector: The person(s) authorized by the State to provide inspection services, field coordination and quality control during construction.States Representative: Person(s) authorized by the State to act on behalf of the State for the Project.Subcontractor: An individual, partnership, corpor

28、ation, association, joint venture, or any combination thereof, who has a direct contract with the Contractor to perform work or labor or render service in or about the Work. The term Subcontractor is referred to as if singular in number and means a Subcontractor or a representative of the Subcontrac

29、tor. The term Subcontractor shall not include those who supply materials only or a separate contractor or subcontractors of a separate contractor.Sub-subcontractor: A person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the work. The term Sub-subcontrac

30、tor is referred to as if singular in number and means a Sub-subcontractor or a representative of the Sub-subcontractor. Substantial Completion: The stage in the progress of the Work or designated portion of the Work when it is sufficiently complete in accordance with the Contract Documents, so the S

31、tate can occupy or utilize the Work for its intended use. Substantial Completion does not mean Completion of the Work or Acceptance of the Work.Substitution: A material and/or process offered by the Contractor in lieu of the specified material and/or process, and accepted by the State in writing as

32、being equivalent (equal) to the specified material and/or process.Warranty: A Contractors, manufacturers or material suppliers assurance that products and services provided meet the requirements of the Contract Documents.Work: Construction and services required by the Contract Documents, including all labor, materials, equipment and services as well as other Deliverables provided, or to be provided, by the Contractor to fulfill the Contractors obligations under the Contract. 1.2 EXECUTION, CORRELATION AND INTENT1.2.1 The Contract will not be binding on t