The Dirty Dozen (Owner’s RFP and General Conditions)

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July 19, 2018

1. The Bidder further declares that he/she has carefully examined the Contract Documents for the construction of the project, has personally inspected the site, is satisfied as to the quantities involved, including materials and equipment, and the conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according to the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal.

2. Each Bidder must be aware of the conditions relating to the execution of the work, must inspect the site, and must become thoroughly familiar with all the Contract Documents. Failure to do so will not relieve the successful Bidder of the obligation to enter into a Contract and complete the contemplated work in strict accordance with the Contract Documents. It shall be the Bidder’s obligation to verify all information concerning site and subsurface conditions.

3. Investigations conducted by the Engineer of subsurface conditions were made for the purpose of study and design, and neither the Owner nor the Engineer assumes any responsibility whatsoever with respect to the sufficiency or accuracy of borings, or of the logs of test borings, or of other investigations that  have been made, or of the interpretations made thereof, and there is no warranty or guarantee, either expressed or implied, that the conditions indicated by such
investigations are representative of those existing throughout such area, or any part thereof, or that unforeseen developments may not occur.

4. Logs of test borings, geotechnical reports, or topographic maps showing a record of the data obtained by the Engineer’s investigations of surface and subsurface conditions that are made available shall not be considered a part of the Contract Documents, said logs representing only the opinion of the Engineer as to the character of the materials encountered, and are available only for the convenience of the Bidders. Information derived from inspection of logs of test
borings, or pits, geotechnical reports, topographic maps, or from Drawings showing location of utilities and structures will not in any way relieve the Contractor from any risk or from properly examining the site and making additional investigations, or from properly fulfilling all the terms of the Contract Documents.

5. The Contractor agrees to bind every Subcontractor and every Subcontractor shall agree to be bound by the terms of this Agreement and the Contract Documents, and All Subcontractors shall agree to submit to the Contractor applications for payment in such form and in such reasonable time as to enable the Contractor to apply for payment under the terms of this Agreement.

6. All Subcontractors shall agree to make all claims for extras, for extensions of time, and for damages for delays or otherwise, to the Contractor in the manner provided in the Agreement and General Conditions for like claims by the Contractor, except that the time limit for making claims for extra cost or extra time is one (1) week. Failure to adhere to these time frames waives
Subcontractor/Contractor rights to submit claims.

7. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans, specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications.

8. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner’s design and estimating purposes only. Such information has been made available for the convenience of all bidders.

9. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions.

10. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection.

11. Contractor shall notify the Engineer in writing of intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation.

12. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within seven (7) calendar days, submit written claim to the Engineer, who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor’s right to dispute
final payment based on differences in measurements or computations.


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