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SECTION 3 – CONSTRUCTION PHASE
PART 2 – CHANGES TO THE WORK
compensable time extension. The Contractor, in its sole discretion, shall be responsible for allocating the Time Dependent
Overhead Costs among its affected subcontractors and itself. Owner’s payment of the Time Dependent Overhead Costs to the
Contractor, and Contractor’s allocation thereof, shall constitute the only monetary compensation the Contractor and
subcontractors shall be entitled to receive as reimbursement for Time Dependent Overhead Costs incurred as a result of any
compensable delay to the Project.
3.2.13 Release of Claims. The execution by the Contractor of a Change Order shall be and operate as a release to the
Owner of all claims by the Contractor and of all liability owing to the Contractor for all things done or furnished in connection with
the Work described in the Change Order. The execution of any Change Order by the Owner shall not be an acceptance of any
Work or materials not in accordance with the Contract Documents, nor shall it relieve the Contractor of responsibility for faulty
materials or workmanship or operate to release the Contractor or his surety from any obligation arising under the Contract or the
Performance Bond or Payment Bond.
3.2.14
Sole Source Designation for Change Order Work.
3.2.16.1 Definition of Sole Source. As used in this Article 3.2.16, “Sole Source” means a Trade Contractor or Supplier
or Subcontractor specified by name in a Bulletin as the exclusive source from which conforming goods or services may
be obtained. Designation of goods or services by reference to a named source accompanied by the qualification “or
equal” or similar language is not a designation of a Sole Source as that term is defined herein.
3.2.16.2 Limitations. This Article 3.2.16 applies only to Bulletins referenced in a proposed Change Order that
designates a Sole Source that was not designated in the Bidding Documents. Except as stated in this Article, the
Contractor’s inability to obtain payment and performance bonds from Sole Source Subcontractors or warranties from
Subcontractors, as required under the Bidding Documents for this Contract, shall not otherwise excuse the Contractor
from its bonding and warranty obligations under this Contract.
3.2.16.3 Sole Source as Grounds for Rejection of a Change Order. If a Change Order is submitted to Contractor for
the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor is
required to procure goods or services necessary to perform the Work, which Sole Source has not been designated
previously, Contractor shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to
provide to Contractor the warranties, bonds, terms or schedule required under the Contract Documents, including any
warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event,
Contractor shall give written notice to the Owner rejecting the proposed Change Order and, if possible, shall accompany
said written notice with a proposal from Contractor for changes or modifications to the Bulletin so as to eliminate the
Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the
Design Professional to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation
of Contractor's proposal or otherwise. Upon revision of the Bulletin by the Design Professional and approval thereof by
the Owner, the Owner shall again submit to the Contractor a proposed Change Order for the purpose of adding the
revised Bulletin to this Contract. If the Owner decides to retain the Sole Source in the Change Order and Contractor
cannot acquire the full contractually required warranties from the Sole Source, Contractor shall be held only to the
warranty terms and schedule obtainable from the Sole Source.
3.2.16.4 No Excuse Without Notice. If Contractor accepts a proposed Change Order adding a Bulletin to this Contract
that designates a Sole Source without invoking this Article and putting the Owner on notice, Contractor shall not be
excused from its obligations with respect to the described Work by reason of the refusal of a designated Sole Source to
provide warranties as required under this Contract.
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SHORT FORM DESIGN-BID-BUILD CONTRACT
GENERAL CONDITIONS
MARCH 15, 2010