HomeMy WebLinkAboutQUALITY STORM WATER SOLUTIONS
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
GOSHEN INDUSTRIAL LIFT STATION MODIFICATIONS
Augusta, Georgia
Augusta-Richmond County Commission
The Honorable Deke Copenhaver
Mayor
Betty Beard
Corey Johnson
Joe Bowles
Alvin Mason
Calvin Holland
Joe Jackson
Jerry Brigham
Jimmy Smith
J, R. Hatney
Don Grantham
Clifford (Drew) Goins
Interim Director, Augusta Utilities Department
Augusta Utilities Department
360 Bay Street
Suite 180
Augusta, Georgia
FEBRUARY 12, 2009
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FROM:
All Bidders
Phyllis Mills, Quality Assurance Analyst
Drew Goins, Utilities Department
Geri Sams /J2.1-Z p:trn
Procurement Director
TO:
DATE:
SUBJ:
BID ITEM:
BID DATE:
March 25, 2009
Clarifications to Specifications
09-082 Goshen Industrial Sanitary Lift Station
Tuesday, April 7, 2009 at 3:00 P.M.
ADDENDUM NO.1
THE FOLLOWING CHANGES ARE HEREBY MADE TO THE BID DOCUMENTS.
Chanqe From:
All work shall be completed within Twenty-one (21) calendar
days
All work shall be completed within Thirtv (30) calendar
days
1. Replace Section P - Proposal with the attached
Chanoe To:
2, Replace Section A - Agreement with the attached (Page A-1)
Please acknowledge addendum in your submittal
END ADDENDUM
Room 605 - 530 Green Street, Augusta Georgia 30911
(706) 821-2422 _ Fax (706) 821-2811 Addendum 1 Bid Item #09-082
Page 1 of4
www.augustaga.gov
Register at www.demandstar.com/supplier for automatic bid notification
SECTION P
PROPOSAL
DATE:
Gentlemen:
In compliance with you invitation for bids, the undersigned hereby proposes to furnish all labor,
equipment and materials, and perform all work for the project referred to herein as:
GOSHEN INDUSTRIAL LIFT STATION MODIFICATIONS
In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid
schedule attached hereto and totaling:
and
/100 dollars (
).
The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days
of receipt of such notice execute a formal contract agreement with the Owner, and that he will provide
the bond or guarantees required by the contract documentS.
The undersigned hereby agrees that, if awarded the contract, he will commence the work within
Ten (10) calendar days after the date of written notice to proceed, and that he will complete the work
within Thirty (30) calendar days after the date of such notice.
The undersigned acknowledges receipt of the following addenda:
Addendum No. Addendum Date
Enclosed is a bid guarantee consisting of
amount of
in the
Respectfully Submitted,
Firm
Address
BY:
TITLE:
Addendum 1 Bid Item #09-082
Page 2of4
BID SCHEDULE
TO ACCOMPANY THE PROPOSAL OF
BIDDER:
ADDRESS:
THE DESIGN ENGINEER MUST ADD THE PROJECT SPECIFIC BID SCHEDULE AND
THE AUD MEASUREMENT AND PAYMENT SECTION AT THIS POINT.
Addendum 1 Bid Item #09-082
Page 3 of4
Section A
Agreement
THIS AGREEMENT, made on the _ day of , 20---, by and between
AUGUST A, GEORGIA, BY AND THROUGH THE AUGUST A-RICHMOND COUNTY COMMISSION,
party of the first part, hereinafter called the OWNER, and
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the CONTRACTOR and the OWNER, for the considerations hereinafter
named, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and
labor necessary, and to perform all of the work shown on the plans and described in the specifications for the
project entitled:
GOSHEN INDUSTRIAL LIFT STATION MODIFICAITONS
and in accordance with the requirements and provisions of the Contract Documents as defined in the General
and Special Conditions hereto attached, which are hereby made a part of this agreement.
ARTICLE 11- TIME OF COMPLETION/LIQUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within 10 calendar days
after the date of written notice by the OWNER to the CONTRACTOR to proceed. All work shall be
completed within Thirty (30) calendar days with all such extensions of time as are provided for in the General
Conditions.
It is hereby understood and mutually agreed, by and between the CONTRACTOR and the
OWNER, that the date of beginning, rate of progress and the time for completion of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract. CONTRACTOR agrees that said work shall be
prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion
thereof within the time specified. It is expressly understood and agreed by and between the CONTRACTOR
and the OWNER, that the time for completion of the work described herein is a reasonable time for
completion of the same, taking into consideration the average climatic range and construction conditions
prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK
WITHIN THE TIME HEREIN SPECIFIED, then the CONTRACTOR does hereby agree, as a part of the
consideration for the awarding of this contract, to pay the OWNER the sum of two hundred and fifty and
no/lOOs ($250.00) Dollars, not as a penalty, but as liquidated damages for such breach of contract as
hereinafter set forth, for each and every calendar day that the CONTRACTOR shall be in default after the
time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the CONTRACTOR and the
'OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages
the OWNER would, in such event, sustain, and said amounts shall be retained from time to time by the
Owner from current periodical estimates.
It is further agreed that time is of the essence for each and every portion of this Contract, and
the specifications wherein a definite portion and certain length of time is fixed, if additional time is allowed
for the completion of any work, the new time limit fixed by extension shall be the essence of this contract.
A-I
Addendum 1 Bid Item #09-082
Page 4 of 4
SECTION
IB
P
BB
A
NA
NP
CO
PB
GC
SC-O
SC
TS-O
TS
TABLE OF CONTENTS
TITLE
# OF PAGES
3
7
2
3
1
1
1
5
51
1
8
1
8
Instructions to Bidders
Proposal
Bid Bond
Agreement
Notice of Award
Notice to Proceed
Change Order
Performance and Payment Bonds
General Conditions
Index to Special Conditions
Special Conditions
Index to Technical Specifications
Technical Specifications
SECTION IB
INSTRUCTION TO BIDQERS
IB-Ol GENERAL
All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal must
be filed with the OWNER on or before the time stated in the invitation for bids. Mailed proposals will
be treated in every respect as though filed in person and will be subject to the same requirements.
Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated
any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for
a period of sixty (60) days after bids have been opened, pending the execution of contract with the
successful bidder.
IB-02 EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work; the
conformation of the ground; the character, quality and quantity of the facilities needed preliminary to
and during the prosecution of the work; the general and local conditions; and all other matters which
can in any way affect the work or the cost thereof under the contract. No oral agreement or
conversation with any officer, agent, or employee of the OWNER, either before or after the execution of
the contract, shall affect or modify any of the terms or obligations therein.
IB-03 ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to
any bidder orally.
Every request for such interpretation should be in writing addressed to the Geri A. Sams, Director of
Purchasing; Purchasing Deparbnent; Room 605; 530 Greene Street; Augusta, GA 30911 and to be given
consideration must be received at least ten days prior to the date fixed for the opening of bids. Any
and all such interpretations and any supplemental instructions will be in the form of written addenda
to the specifications which, if issued, will be sent by facsimile or U.s, mail to all prospective bidders
(at the respective addresses furnished for such purposes), not later than five days prior to the date
fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation
shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued
shall become part of the Contract Documents.
IB-04 PREP ARA TION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made on bid forms should be initialed by the person signing
the bid.
Bidders must quote on all items appearing on the bid forms, unless specific directions in the
advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote
on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert
the words "no bid" where appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if
submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be
submitted as such, and shall not reveal the total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all OWNERs. Bids of
corporations will be signed by an officer of the firm and his signature attested by the secretary thereof
18-1
who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-05 BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended, which will include and cover the
furnishing of all material and the performance of all labor requisite or proper, and completing of all the
work called for under the accompanying contract, and in the manner set forth and described in the
specifications.
Where estimated quantities are included in certain items of the proposal, they are for the purpose of
comparing bids. While they are believed to be close approximations, they are not guaranteed, It is the
responsibility of the CONTRACTOR to check all items of construction. In case of error in extension of
prices in a proposal, unit bid prices shall govern.
IB-06 BIDDER'S QUALIFICATIONS
No proposal will be received from any bidder unless he can present satisfactory evidence that he is
skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all
obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a
separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable
information as to working capital available, plant equipment, and his experience and general
qualifications. The OWNER may make such investigations as are deemed necessary to determine the
ability of the bidder to perform the work and the bidder shall furnish to him all such additional
information and data for this purpose as may be requested. The OWNER reserves the right to reject
any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the OWNER that
such bidder is properly qualified to carry out the obligations of the contract and to complete the work
contemplated therein. Part of the evidence required above shall consist of a list of the names and
addresses of not less than five (5) firms or corporations for which the bidder has done similar work.
IB-07 PERFORMANCE BOND
At the time of entering into the contract, the CONTRACTOR shall give bond to the OWNER for the use
of the OWNER and all persons doing work or furnishing skill, tools, machinery or materials under or
for the purpose of such contract, conditional for the payment as they become due, of all just claims for
such work, tools, machinery, skill and terms, for saving the OWNER harmless from all cost and charges
that may accrue on account of the doing of the work specified, and for compliance with the laws
pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the OWNER and
authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated
copy of the power of attorney.
IB-08 RETECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as soon as practicable, provided
satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to
reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed
to be in the best interest of the OWNER.
IB-09 PROGRAM MANAGER
Augusta Utilities department is the Program Manager for the project described herein; address is 360
Bay Street, Suite 180, Augusta, GA 30901
IB-2
IB-lO MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified:
minority and economically disadvantaged businesses in the contracted work of County Government.
In an effort to support this intention, this project is offered to all qualified firms. The bids will be
evaluated based on qualifications, price and construction time. With all other items being considered
equal, the contract, if awarded, will be awarded to a minority and economically disadvantaged firm or
a firm that has included such firms as subCONTRACTORs on this project.
The bidders shall include with their bid a statement of qualification for themselves
andlor any qualified subCONTRACTORs explaining why they should be considered a minority or
economically disadvantaged firm. If the firm does not fall into this category, no information is
necessary.
18-3
..
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SECTION P
PROPOSAL
Jt...;,':.:~_::._.J' ".
DATE;
S-{ f 4-/ Oq
Gentlemen.:
In compliance with you inviiation for bids, the undersigned hereby propOSC$ to furnish all labor,
~pment and materials, and peIfonn an work for the project referred to hetein as:
GOSHEN INDUS'l'lUAL UFf STA110N MODlFlCA110NS
In strict accord.am:e with the Contract Documents and in consideration of the amounts shown OJ'! the bid
schedule attached hereto and tQtalinlr-
'lH-lf..,y f\J, IV t: lttou.s~t--.li\. ~\ t ~\)N~lc:li, ~ I YT\ tl&ttl
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/100dollar9( 3<:1.. (f)(oB.~ ).
and
00
The Wldersigned hereby agtee5 that upon written ac~ of this bid.. he will 'Within 10 days
of receipt of such notke execute a fomW contract agreement 'With the OWner, and dlat he 'Will provide
the bond ot guarantees required. by the contract documents.
The undersigned hereby agrees tha~ if .Wltt'ded the contract, he will commeru:e the work within
Ten (10) ca1endat days after the date of wri~ notice to proceed, and that he will complete the work
witfthl Thitiy (M) calendar days after the date of such notice.
The undersigned acknowledga receipt of the following addenda.;
Addendum No, Addendum Date
*\ ~
Enclosed i$ a bid ~ consisling of "$ l {) 1; ot-..J VJ in the
amoWltQi Mt'E:E-r\-\-ouS""'IYl:\) N\~e: +\\J~i)i6^\) ~l tTr:-~,'I 0o~~S ; er:/oo.
Respectfully Submitted,
QVI4L\-n' ~lW'\ \a\A;~ ~LUTlClIo-JS , U-C....
.
Firm
4-3"1 ~\M~~,~e:- Cdl.) MI4-t'l.T1N.cZ-La."" >0'101
Addre9S
BY: ~ 7lt<<"....., :;~"I'
TITLE~ PIkJ;, v!JC.vT
Addendum 1 Bkllt.em m>9-082
Page 2 or...
BID SCHEDULE
TO ACCOMPANY TIm PROPOSAL OF
BIDVER: 0\J~\..\(\ ~i.1(YI \uy\-~ ~OL..VT\O~S LL.C
,
ADDRESS: ~'S\: e~WhQ,t? '~bE. 0.,1'2-.
W\~i'T'\ t-J'E"L.. (),J4 3o~al
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THE DESIGN ENGINEIiR MUST ADD THE PIl0)'BCJ' SPECIFIC BID SCHEDULE AN'[)
TIlE AUD MEASUREMENT AND PAYMENT SECIlON AT TInS POINT.
Addendum 1 BId 1f8m /109.082
Page 3 of 4
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FEBRUARY 12, 2009
:....,-. I
AUGUSTA UTILITIES DEPARTMENT - PROJECT
SANITARY SEWER STANDARD BID SCHEDULE
,!~:{f~~Y:~~~0~O~;b"",,\j~~;c~~,i~;,~~02~~:':~',,~:' "0 '::~'~;;=~":::~t1::~:~~ ':;~;;~~,>:.oo ,""tot,
SANITARY SEWER
W-2B 8" diameter ductile iron water transmission main Class 350, 82 LF S:> .00 4\OD.~
standard joint
W-2E 14" diameter ductile iron water transmission main Class 20 LF 1>>.00 3oCQo. c.!S!..
350, standard joint
W-10B 8" in-line gate valve, including valve box, installed, 3 EA J eoqz.. ,06 s-ol~.~
complete, open right/left
W-14 Check valve and vault with X" bypass fine 2 EA (~'\1 ~6 31G.o\,~
W-f3 Miscellaneous pipe fittings and connections(incl. Bauer 1425 LBS 4.~ ~412...~
model #100-7003)
S-32 Cut and plug existing manhole, diameter and depth varies 1 EA 231~.G Z31S-:~
MISCELLANEOUS
M-6 Valve Vault - 4,000 psi concrete installed complete as 1 EA (o~co,CtC> (oqoo."~
shown on plans
M-7 Aluminum hatch (USF APD300) 48"x72" installed in valve 1 EA \ <1Sb .0'" Iq,>-'b.~
vault
M-7 Aluminum hatch (USF APD300) 48"x72" retrofit install in 1 EA IZ5Z.- ( ZS-z..22-
top of existing wet well. AUD to provide hatch,
LUMP SUM
LS-1 Lump sum construction (includes but is not limited to the
listing continued below)
LS '\'eo8.~ 4808.~
04-810ITEMS.DOC
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FEBRUARY 12. 2~_,
. -
Lump Sum Construction
. Lift Station Modifications: complete per plans
. Mobilization, Demobilization
. Bonds. Insurance
. Remove and reset fences, All types
. Remove and reset gates. All types
. X" <material> drain pipe
. Remove and reconnect water services, complete
. Remove and reset water valve, size varies
. Remove and reset yard lamps, Type varies
. Remove and reset mailboxes, Type varies
. Erosion and sediment control (temporary grassing, construction exits, rip-rap, misc.
erosion control structures)
. Silt fence, Type . A"
. Miscellaneous grading
. Permanent Grassing
. Raise manholes and valves boxes to grade
NOTE TO BIDDERS: FOR A COMPLETE DESCRIPTION OF BID ITEMS, REFER TO
THE TECHNICAL SPECIFICATIONS.
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04.810 ITEMS.DOC
30F3
FEBRUARY 1~. ~uu~
AUGUSTA UTILITIES DEPARTMENT
SANITARY SEWER PROJECT. MEASUREMENT AND PAYMENT
SANITARY SEWER
ITEM S-32 _ Cut and plug manholes shall be measured individually (each) and shall include costs for
cutting of existing manholes, plugging of existing manholes, excavation, dewatering,
asphalt/ concrete cutting, and normal backfill. No additional payment shall be made for these items.
ITEMS W-1A through W-3T - All piping line items shall be measured in linear feet and shall include
costs for piping and installation, trench excavation, trench box, dewatering, asphalt cutting, normal
joints and gaskets, normal backfill, pressure and leakage testing, pipe sterilization, bacteriological
testing, and flushing. No additional payment shall be made for these items.
ITEM W-6 _ Miscellaneous pipe fittings and connections shall be measured in pounds and include
costs for all fittings and installation including normal joints and gaskets, mechanical joint restraint,
etc., regardless of material. No additional payment shall be made for these items.
ITEMS W-9A through W-12 - All valve line items shall be measured individually (each) and shall
include costs for valves, valve boxes/vaults, manholes, valve extensions, excavation, dewatering,
asphalt/ concrete cutting, all associated fittings, installation, normal backfill, and testing, No
additional payment shall be made for these items.
ITEM W-14 - Check valves and vaults shall be measured individually (each) and shall include costs
for valves, valve boxes/vaults, manholes, valve extensions, excavation, dewatering, asphalt/ concrete
cutting, all associated pipe and fittings, installation, normal backfill, and testing. No additional
payment shall be made for these items.
MISCELLANEOUS
ITEM M-6 - Concrete vault items shall be measured individually (each) and shall include costs for
the pre-cast reinforced concrete using 3,000 psi concrete and #4 rebar and gravel foundation. Vault
floors shall be no less than 4" thick with 3,000 psi concrete and #4 rebar.
ITEM M-7 _ Aluminum access hatch shall be measured individually (each) and shall include costs for
the access hatch (unless otherwise noted), installation of the hatch, including all mounting hardware.
LUMP SUM CONSTRUCTION
ITEM LS-1- Lump sum construction includes, but is not limited to, the items described in the bid
schedule. No separate or additional payment shall be made for these items.
05-SAN SEWER MEASURE & PMT.DOC
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Ma~ 11 2009 2:15PM
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5ECTION BB
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the
Quali ty Storm Water Solutions, LLC as Principal, Western Surety Company and as Surety,
are hereby held and firmly bound unto the Augusta-Richmond County Commission of Augusta,
Georgia as Owner in the penal sum of
10% of the attached Bid
lor the payment of which, well and truly to be made, we hereby
jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.
Signed this
13th
day of May
.20~.
The condition ot the above obligation is such that whereas the Principal has submitted to the
Augusta-Richmond County Commission of Augusta, Georgia, a certain Bid, attached hereto and
hereby made a part hereof to enter into a contract in writing for I:h.e Goshen Industrial Lift Station
Modifications, for Augusta, Georgia in accordance with plans and specifications of the AUGUSTA
UTILITIES DEPARTMENT.
NOW, THEREFORE,
(a) If said Bid shall be rejected,. or in the alternate..
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(b) If said Bid shall be accepted and the Principal shaD execute and deliver a conuact in
the Form of Contract attached hereto (properly completed in accordance with said
Bid) and shall furnish a bond for his faithful performance of said contrillct, and for
the payment of all persons performing labor or furnishing materials in connection
therewith.. and shaD in all other respects perform the agreement created by the
acceptance of said Bid, then this obligation shall be void. oiherwise the same shall
remain in force and effect; it being expressly understood and agreed that the liability
of the Surety for any and all claims hereunder shall, in no event, exceed the penal
amount of this obligation as herein stated.
BB-I
M~~ 11 2009 2:15PM
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The Surety, for value receive, hereby stipulates and agrees that the obligations of said Surety
and its bond shall be in no way impaired or affected by any extension of the time within which
the Owner may accept such Bid; and said Surety does hereby waive notice of any such
extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and
seals, and such of them as are corporations have caused their corporate seals to be hereto
affixed and these presents to be signed by their proper officers, the day and year first set
forth above,
Signed and sealed this 13
May
A. D. 20~.
day of
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(Seal)
Attest
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(Seal)
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Witness
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Attest ~~ ~
By AH ()Fr'l PY'-;""- Fuc t(Seal)
(Title)
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Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
BondNa.
15279719
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly org8Ilized and existing under the laws
of the State of South Dakota, and b.avine its principal oflice in Sioux Falls, South Dakota (the ~CompllIlY"), does by these presents mBke,
constitute and appoint D'#IGHT D BAGWELL
its true and lawful attorney(s)-in-fact, with full power and authorif<Y hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: Quality Storm Water Solutions, LLC
Obligee: Ci ty of Augusta
Amount: $500,000.00
and to bind the ComplUlY thereby lIB fully and to the same extent as if such bODds were signed by the Senior Vice Prerident, sealed with
the corporate seal of the Compa:oy and duly attllllted by its Secretary, hereby rati1;ying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western. Surety
Company which rmnains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assi!tant Secretary, 'l'reasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not DeCllSsary for the validity of any bonds, policies, undertakiugs, Powers of Attorney or other obligatiOIlll of the
corporation. The 1Iilllature of llIIY such officer IlJld the corporate seal may be printed by fitcsimile."
All authority hereby comerred shall expire and terminate, witnout notice, unless used before midnight of
2009 , but UJ1lj} such time shall be irrevocable and in full force and effect.
July 7
In Witness Whereof, Western Surety Company bas caused these presents to be signed by its Semor Vice President, Paul T. Bruflat,
and its cor~~;p to be affixed. this 7th da.v of Aor il 2009
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On tbis 7 trr day of Apr i 1 ,in the year 2009 , before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
+~",.._---+ ~
S D. KRELL $ A J
~NOIaFl\' PU.L1C~ .
~80\Fl'H ~ , otary Public - South Dakota
, ,
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My Commission Expires November 30, 2012
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony .whereat: I have hereunto set my hand and seal of Western. Surety Company this
April ,2009.
Paul. T. B
. or Vice President
7th
day of
COMPANY
emor Vice President
Form F630&-9-2006
CNA
4/2/2009 11:21 AM VAUc
0/000
tax berver
:} .
} ACKNOWLEDGMENT OF SURETY
STATE OF Georgia (A' F )
ss ttorney-m- act
COUNTY OF Richmond
On this I '3 . day of 60p Ll . v~r~ 1 ,before me, a notary public in
and for said County, personally appeared DWIGHT 'if G T~,
to me personally known and being by me duly sworn, did say, that he is the Attorney.in.Fact of WESTERN SURETY COMPANY,
a corporation of Sioux FaIls, South Dakota, created, organized and existing under and by virtue of the laW!! of the State of South
Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that
the said DWIGHT D BAGWELL
acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument
without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at
AUQusta Georqia. the day and year last above written.
Bond No.
15279719
I, 'f()\ (j?' /'1 I ;g. f~ c.l/r/u/)_L~~
\ .. ~"7 I: t. -- V Notary Public
My commission expires
MARY 6. BftlGVVELL ,."!~'
Fonn 106-4-2000 N(.rrAf~V F'UDUC
F~ir;hmond County
Stf.ltt~ (,)f Georgia
My Cornm. E){pires Aug. 1, 2010
Section A
A~eement
"7:tt... 'h I 'I.s ; .
THIS AGREEMENT, made on the-~~y of J\"~\:I5"I" , 20fB by and between
AUGUST A, GEORGIA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION,
party of the first part, hereinafter called the OWNER, and
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the CONTRACTOR and the OWNER, for the considerations hereinafter
named, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and
labor necessary, and to perform all of the work shown on the plans and described in the specifications for the
project entitled:
GOSHEN INDUSTRIAL LIFT STATION MODIFICAITONS
and in accordance with the requirements and provisions of the Contract Documents as defined in the General
and Special Conditions hereto attached, which are hereby made a part of this agreement.
ARTICLE II - TIME OF COMPLETION /LIQUIDA TED DAMAGES
The work to be performed under this Contract shall be commenced within 10 calendar days
after the date of written notice by the OWNER to the CONTRACTOR to proceed. All work shall be
completed within l'We:IL~'h~ (21~ calendar days with all such extensions of time as are provided for in the
General Conditions~\ l!.o) .~.L "\
Cfte: v-\M~ \ J
It is hereby understood and mutually agreed, by and between the CONTRACTOR and the
OWNER, that the date of beginning, rate of progress and the time for completion of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract CONTRACTOR agrees that said work shall be
prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion
thereof within the time specified. It is expressly understood and agreed by and between the CONTRACTOR
and the OWNER, that the time for completion of the work described herein is a reasonable time for
completion of the same, taking into consideration the average climatic range and construction conditions
prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK
WITHIN THE TIME HEREIN SPECIFIED, then the CONTRACTOR does hereby agree, as a part of the
consideration for the awarding of this contract, to pay the OWNER the sum of two hundred and fifty and
no/lOOs ($250.00) Dollars, not as a penalty, but as liquidated damages for such breach of contract as
hereinafter set forth, for each and every calendar day that the CONTRACTOR shall be in default after the
time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the CONTRACTOR and the
OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages
the OWNER would, in such event, sustain, and said amounts shall be retained from time to time by the
Owner from current periodical estimates.
It is further agreed that time is of the essence for each and every portion of this Contract, and
the specifications wherein a definite portion and certain length of time is fixed, if additional time is allowed
for the completion of any work, the new time limit fixed by extension shall be the essence of this contract.
A-I
ARTICLE III - PAYMENT
(A) The Contract Sum
The OWNER shall pay to the CONTRACTOR for the performance of the Contract the amount
as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth
in the specifications attached hereto.
(B) Progress Payment
On no later than the fifth day of every month, the Contractor shall submit to the OWNER's
Engineer (hereinafter called, the PROFESSIONAL) an estimate covering the percentage of the total amount of
the Contract which has been completed from the start of the job up to and including the last working day of
the preceding month, together with such supporting evidence as may be required by the Owner andf or the
Professional. This estimate shall include only the quantities in place and at the unit prices as set forth in the
Bid Schedule.
On the vendor run following approval of the invoice for payment, the OWNER shall after
deducting previous payments made, pay to the CONTRACTOR 90% of the amount of the estimate on units
accepted in place. The 10% retained percentage may be held by the OWNER until the final completion and
acceptance of all work tinder the Contract
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(A) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Professional shall within 10 days make such inspection, and when he
finds the work acceptable under the Contract and the Contract fully performed, he
will promptly issue a final certificate, over his own signature, stating that the work
required by this Contract has been completed and is accepted by him under the
terms and conditions thereof, and the entire balance found to be due the
CONTRACTOR, including the retained percentage, shall be paid to the
CONTRACTOR by the OWNER within 15 days after the date of said final certificate.
(B) Before final payment is due, the CONTRACTOR shall submit evidence satisfactory to
the Professional that all payrolls, material bills, and other indebtedness connected with work have been paid,
except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts
when adjudicated in cases where such payment has not already been guaranteed by surety bond.
(C) The making and acceptance of the final payment shall constitute a waiver of all
claims by the OWNER, other than those arising from unsettled liens, from faulty work appearing within 12
months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It
shall also constitute a waiver of all claims by the CONTRACTOR except those previously made and still
unsettled.
(D) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the CONTRACTOR, and the Professional, so certifies, the OWNER
shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance
due for that portion of the work fully completed and accepted.
Each payment shall be made under the terms and conditions governing final payment, except
that it shall not constitute a waiver of claims.
A-2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an origillal, in the year and day first mentioned above.
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ATTEST:
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Secretary
~r"'r-IL
OWNER:
AUGUSTA, GEORGIA
By: cfl.::t?f .f-
As its Mayor
t~~
CONTRACT~'i
~: ~l
As its n~slt1t;fU1
?M;
Address: 437 t.J416b/J~c ell.
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A-3
-
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NOTICE OF AWARD
CONTRACTOR:
ADDRESS:
City
State
PROJECT: Goshen Industrial Lift Station Modification
PROJECT NO:
DATE:
Zip Code
At a meeting of the
you were awarded the Contract for the following Project:
held on (Date)
Enclosed please find 5
copies of the Contract Documents for your execution. Please complete the
pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to this office
10 days from the date of this letter, excluding Legal Holidays.
The Certificate of Insurance must be complete.
Power of Attorney must be submitted in triplicate; an original and two copies is permissible.
Very truly yours,
Augusta Program Management Team
t.
Project Engineer
Reciept of this NOTICE OF AWARD is hereby acknowledged this, the
day of
Contractor By
Please sign and return one copy of this Notice of Award Acknowledgement to:
Augusta Utilities Department
Attn: Program Managers
360 Bay Street, Suite 180
Augusta, GA 30901
2009
Title
.~.~~~~~~.
.m
OR
NOTICE TO PROCEED
DATE:
TO:
Attn:
Address1 :
City: State:
ZIP:
PROJECT: Goshen Industrial Lift Station Modifications
PROJECT NO:
You are hereby notified to commence WORK in accordance with the Agreement dated
on or before
, and you are to complete the WORK within
consecutive calendar days thereafter. The date of completion of all WORK is therefore
Very truly yours,
Augusta Program Management Team
Project Engineer
Receipt of this NOTICE TO PROCEED is hereby acknowledged
This, the
day of
, 2009
Contractor:
By:
Title:
Please sign and return one copy of this Notice to Proceed Acknowledgement to:
Augusta Utilities Department
Attn: Program Managers
360 Bay Street, Suite 180
Augusta, GA 30901
CONSTRUCTION CONTRACT CHANGE ORDER
co NUMBER
BID ITEM
DATE
PROJECT TITLE Goshen Industrial Lift Station Modifications
ORIGINAL CONTRACT DATE _ PROJECT NUMBER
OWNER AUGUSTA-RICHMOND COUNTYCOMMISSION PO NUMBER
The following change is hereby made to the contract for the above project:
Description of Change (for a more detailed description see attached proposal):
PAYEE
TOTAL AMOUNT OF THIS CHANGE ORDER
$
The contract time will be INCREASED by Q calendar days as a result of this change.
ORIGINAL CONTRACT AMOUNT $
PREVIOUS CHANGE ORDER (INCREASE) $
THIS CHANGE ORDER (INCREASE) $
TOTAL REVISED CONTRACT AMOUNT WITH CHANGE ORDER $
FUNDING NUMBER/ACCOUNT NUMBER
PROPOSED BY: DATE:
CONTRACTOR
REQUESTED BY: DATE:
ENGINEER
i DATE:
SUBMITTED BY:
DEPARTMENT HEAD
FINANCE ENDORSEMENT: DATE:
COMPTROllER
RECOMMENDED BY: DATE:
ADMINISTRATOR
APPROVED BY: DATE:
MAYOR
Jul 28 2009 9:38AM
HP LASERJET FAX
p.2
SECTION PB
PERFOIDvlANCI;..BOND
(NOTE :
THIS BOND IS ISSUED SIMULT ANEOUSL Y WITH PAYMENT BOND ,ON PAGE
PB-3, IN FA V.oR ,OF THE .oWNER CONDmQNED F.oR THE PAYMENT .oF
LABOR AND MATERIAL.)
KNQW ALL MEN BY THESE PRESENTS:
That
Oualitv Storm Water Solutions ToToe
as Principal
hereinafter called Contractor, and
Western Surety Company
a corporation organized and existing under the laws of the State of
South Dakota
,with
its principal office in the City of Sioux Falls State of South Dakota. as Surety,
hereinafter called Surety, are held and firmly bound unto AUGUST A, GE.oRGIA BY AND
THROUGH THE AUGUSTA COMMISSION as Obligee, hereinafter called the Owner, in the
penal amount of thirty nine thousand six hundred sixty eight Dollars ($ 36,668 ) for
the payment whereof Coptractor and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents for the
faithful performance of a certain written agreement
WHEREAS, Contractor has by said. written agreement dated 08/03/2009
entered into a contract with Owner for the Goshen Industrial Lift Station Modifications in
accordance with the drawings and specifications issued by the Augusta Utilities Department and
the Augusta-Richmond County Commission, which contract is by reference made a part hereof,
and is hereinafter referred to as the the CONTRACT .
I NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly
and faithfully pel'form said CONTRACT, then this obligation shall be null and void; otherwise it
shall remain in full force and effect
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the
CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may
promptly lemedy the default, or shall promptly
(1) Complete the CONTRACT in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects,
upon determination by the Owner and the Swety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and Owner, and make available as Work
progresses (even though there should be a default a succession of
PB-I
Jul 28 2009 9:38AM
HP LASER JET FAX
10.3
defaults under the contract or contracts of completion arranged under this paragraph} :'"
sufficient funds to pay the cost of completion less the balance of the contract price; but not
exceeding, including other costs and damages for which the Surety may be liable hereunder,
the amount set forth in the first paragraph hereof. The term I'balance of the contract price," as
used in this paragraph, shall mean the total amount payable by Owner to Contractor under the
Contract and anyamendments thereto, less the amount properly paid by O\vner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years
from the date on which final payment under the CONTRACT falls due.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than the Owner named herein or the heirs, executors, administrators or
successors of the Owner.
Signed and sealed this
3rd
day of
August
A D, 20~
Witne'4::<?~~L
\ "'
'i
(Seal)
ontTactor)
Attest
w.J<~
XB;
PReS J L\ (')..Tr'
(Title)
(Seal)
Witness r~ t-~
(Seal)
Attest -W~ ~rt
BY~ /~c"7 -/ ~ -~?{~al)
I'
, (Title)
, ifl>r;.-
M,"',RY 8. l'L.t\,GWELL
r-'J~)Tl.;::{ ''f'
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My
PB-2
Jul 28 2009 9:38AM
HP LASERJET FAX
p.4
SECTION PB
LABOR AND MATERIAL P A YMENT..BOND
NOTE:
THIS BOND IS ISSUED SIMUL T ANEOUSL Y WITH PERFORMANCE BOND
ON PAGE PB-I, IN FAVOR OF THE OVv'NER CONDITIONED FOR THE
PERFORMANCE OF THE WORK.)
KNOW ALL MEN BY THESE PRESENlS:
That
Quality Storm Water Solutions, LLC
as Principal,
hereinafter called Contractor, and
Western Surety Company
a corporation organized and existing under the laws of the State of
South Dakota
with
its principal office in the City of Sioux Falls . State of South Dakota as
Surety, hereinafter called Surety, axe held and firmly bound unto AUGUSTA, GEORGIA BY
AND THROUGH mE AUGUSTA-RICHMOND COUNTY COMMISSION, as Obligee,
hereinaftercalled the Owner, for the use and benefit of claimants as hereinbelow defined in the
amount of thirty nine thousand six hundred sixty eight Dollars ($ 39,668 )
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators" successors, and assigns, jointly and severally, firmly by these presents.
VVHEREAS, Contractor has by written agreernentdated 08/03/2009 entered
into a contract with Owner for the Goshen Indusmal Lift Station Modifications in accordance with
drawings and specifications issued by the Augusta Utilities Department and Augusta-Richmond
County Commission, which contract is by reference made a part hereof, and is hereinafter referred' to
as the CONTRACT ,
I NOW, THEREFORE, the condition of this obligation is such that, if the Contractor
shall promptly make payment to all claimants as hereinafter defined, for all labor and material used
or reasonably required to use in the performance of the CONTRACI, then this obligation shall be
void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:
(1) A daimantis defined as one having a direct contract "'lith the Contractor or with a
subcontractor of the Contractor for labor, material, or both, used or reasonably
required for use in the performance of the contract, labor and material being
construed as to include that part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental of equipment directly applicable to the CONTRACT ,
(2) The above named Contractor and Surety hereby jointly and severally agree with the
Owner that every claimant as herein defined, who has not been paid in full before
the expiration of a period of ninety (90) days after the date on which the last of such
PB-3
Jul 28 2009 9:38AM
HP LASERJET FAX
p.5
claimant's work or labor was done or performed, or materials were furnished by such
claimant, may sue on this bond for the use of such claimant, prosecute the suit to.; .-
final judgement for such sum or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable for the payment of any costs or
expenses of any such suit.
(3) No suit or action shall be commenced hereunder by any claimant,
(a) Unless claiInant, other than one having a direct contract with the Contractor,
shall have given written notice to any two of the following: The Contractor,
the Owner, or the Surety above named, within ninety (90) days after such
claimant did or performed the last of the work or labor, or furnished the last
of the materials for which said claim is made, stating with substantial
accuracy the amount claimed and the name of the party to whom the
materials were furnished, or for whom the work or labor was done or
performed. Such notice shall be served by mailing the same by registered
mail or certified mail, postage prepaid, in an envelope addressed to the
Contractor, Owner or Surety, at any place where an office regularly
maintained for the transaction of business, or served in any manner in which
legal process may be served in the state in which the aforesaid project is
located, save that such service need not be made by a public officer .
(b) After the expiration of one ( I) year following the date on which Contractor
ceased work on said CONTRACT, it being understood, however, that if any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof, such limitation shall be deemed to be amended so as to
be equal to the minimum period of limitation permitted by such law.
(c)
f
Other than in a state court of competent jurisdiction in and for the county or
. other political subdivision of the state in which the project, or any part
thereof, is situated, or in the United States District Court for the district in
whi<:=h the project, or any part thereof, is situated, and not elsewhere,
(4) The amount of this bond shall be reduced by and to the extent of any payment or
payments made in good faith hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against said improvement, whether or
not claim for the amount of such lien be presented under and against this bond.
,
PB-4
Jul 28 2009 9:38AM
Attest
HP LASERJET FAX
Signed and sealed this 3 rd
,1 ;7
~)"'-GVk hn1
WitnesS_~A.. ~
Attest
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MAR~ .~'. B/\GWffLt.
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PB-5
10.6
day of August
A. D, 20~:
/ 4
(Seal)
"P~c5: iA€Al'7-
(Title)
(Seal)
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By !l:!J4"jVel-v-- rk"'~Seal)
(Title)
(Seal)
CNA
7/31/2009 3:40:06 PM
PAGE
3/004
Fax Server
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No.
15336527
Know All Men By The,e Presents, that WESTERl-l SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South D3kota, and having its prmcipal office in SiolL'< Falls, South D3kota (the "Company"), does by these presents m3ke,
emstitute and appoint DWIGHT D BAGWELL
its true and lawful attorney(s).in-fact. \\ith full power and authority hereby conferred, to execute, acknowledge and deliver for and on it.
behalf as Surety, bond, for:
Principal: Quality Storm Water Solutions, LLC
Obligee: Augusta-R:..chmond County Comrr.ission
Amonnt: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifYing and confirming all that the said attorney(s)-in-fact
may do within the abc.ve stated limitatiom. Said appointment is made tmder and by authority of the foll.,wing bylaw of Western Surety
C.,mpany which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be .oxccuted in the
cc.rporate name cf the Company by the President, Secretary, any Assist:mt Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the nmne ofthe Company.
The corporate seal is not necessary for the validity of any bonds, policies, l.mdertakings, Powers of Attorney or other obligations of the
corporat.ion. Th" signat.llr" of ;my such offi""r ;mn t.he mrporat.? seal may he print."n by r"c,imile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of
? () 1 0 , but until such time shall be iITevocable and in full force and e:ffect.
January 1
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat,
and its cor ~~ to be affixed this 28th day of Jul V 2009
,~7c.~ E r\1~:::.,J;.:
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On this 28th day of Ju 1 y , ill Lhe year 2009 , LeflOre me, a lluLary public, pel',ullally appear'ed
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
"''ESTERN SURETY C01.1P ANY :md acknowledged said instrument b be the volunt3l'Y act :md deed of said corporation.
..................................~......~....+ ~
~ D. KRELL ! /) J
$~NorARY PUBLlC~~ . ,
'~SOUTH DAKOT.\~ otary PublIc. South Dakota
, I
+.......,....................................... .
My Commission Expires November 30.2012
I the undersigncd officcr of Western Surcty Compnny, a steck corporation of the State of South Dalwta, do hcreby certify that thc
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Secticn 7 of the bylaws of the Company as
spt. fnrt.h in thp Pow~r of At.torn"y j, now in fo,",,~
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this
July 2009
28th
day of
COMPANY
nior Vice President
Form F530S-S.2006
CNA
7/31/2009 3:40:06 PM PAGE
4/004
Fax Server
ACKNOWLEDGMENT OF SURETY
STATE OF Georgia } ss (Attocney-in-FacL) Eond No. 15336527
COUNTY OF Kichmond "
On this ) r) day of ..A lit, fA S.f- ~ (/09, before me, a notary public in
and for said County, personally appeared D",r GHT D BAGWELL
to me personally known and being by me duly sworn, did say, that he is the Attorney.in.Fact of WESTERN SURETY COMPANY,
a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South
Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that
t.he said DWH:;HT D BAGWELL
acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument
without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my official seal at
J\uqusta Georgia " the day and year last above written.
fHfrmriS~i~hexPires
(\ ~-'\~
r:J ;:-:Jcte:- fO (}___~.J
l~ I (d (J-I. .I' J . ,
. Notary Public
Form 1004-2000
MARY B. BAGWELL
f\JOT/\fW puauc
i-llchrnond County
State of G(~orgja
My Gomrn. F.:xpires Aug. 1,2010
Revision Date
August 2001
GENERAL CONDITIONS
ARTICLE I--DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings
indicated, which are applicable to both the singular and plural thereof:
Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by OWNER to
prospective Bidders prior to the time of opening of Bids.
Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other
Contract Documents are attached to the Agreement and made a part thereof as provided therein.
Applicationfor Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such supporting documentation as is required by the Contract
Documents.
Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be
performed.
Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR and its
Surety in accordance with the Contract Documents.
Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and OWNER, and
authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time,
issued on or after the Effective Date of the Agreement.
Contract Documents-The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's Bid
(including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the Supplementary
Conditions; the Plans, Specifications and the Drawings as the same are more specifically identified in the Agreement;
Certificates of Insurance; Notice of Award; and Change Order duly delivered after execution of Contract together with all
amendments, modifications and supplements issued pursuant to paragraphs 3.3 and 3.5 or after the Effective Date of the
Agreement.
Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.9.1 in the case ofUmt Price Work),
Contract Time-The number of days (computed a:s provided in paragraph 17.2.1) or the date stated in the Agreement for
the completion of the Work.
CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement.
COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the Augusta-
Richmond County Commission, and its authorized designees, agents, or employees.
Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal
holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King Day,
Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day.
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Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or deficient,
does not conform to the Contract DocumentS, or does not meet the requirements of any inspection, reference standard,
test or approval referred to in the Contract Documents, or has been damaged prior to PROFESSIONAL's
recommendation of fmal payment, unless responsibility for the protection thereof has been assumed by OWNER at
Substantial Completion (in accordance with paragraph 14.8 or 14.10).
Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared
or approved by PROFESSIONAL and are referred to in the Contract Documents.
Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date
is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia.
Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which does not
involve a change in the Contract Price or the Contract Time.
General Requirements-Sections of Division I of the Specifications.
Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders.
Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon compliance by the
apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will
sign and deliver the Agreement.
Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing the
date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRAC-
TOR'S obligations under the Contract Documents.
OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission.
Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a related
purpose) before reaching Substantial Completion for all the Work.
PROFESSIONAL-the ArchitecturaVEngineering firm or individual or in-house licensed person designated to perfonn
the design and/or resident engineer services for the Work.
PROGRAM MANAGER - The professional firm or individual designated as the representative or the OWNER who
shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is part of an
OWNER designated program.
Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a
part, as indicated elsewhere in the Contract Documents.
Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be
constructed in whole or in part under this Contract.
Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his successor,
or any other person or persons, employed by said OWNER, for the purpose of directing or having in charge the work
embraced in this Contract.
Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM MANAGER who is
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assigned to the site or any part thereof.
Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for
CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perfo11llance
charts, instructions, diagrams and other info11llation prepared by a Supplier and submitted by CONTRACTOR to
illustrate material or equipment for some portion of the Work.
Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials,
equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details
applicable thereto.
Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other
SUBCONTRACTOR for the performance of a part of the Work at the site.
Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of
PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is sufficiently
complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes
for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph
14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial
Completion thereof.
Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions.
Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor.
Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish
any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other
communications, cable television, sewage and drainage removal, traffic or other control systems, or water.
Unit Price Work-Work to be paid for on the basis of unit prices.
Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under
the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating
materials and equipment into the construction, and furnishing documents, all as required by the Contract Documents.
Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or revision in the Work,
or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change Directive may not change the Contract
Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work
Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to
its effect, if any, on the Contract Price or Contract Time as provided in Article 10.
Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and n011llally dealing with the non-engineering or non-technical rather than
strictly Work-related aspects of the Contract Documents.
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ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these Contract Documents.
Copies of Documents:
2.2. After the award ofthe Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1) complete set of
the Contract Documents for execution ofthe work. Additional sets of the project manual and drawings and/or individual
pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at
CONTRACTOR's expense, which will be OWNER's standard charges for printing and reproduction.
Commencement of Contract Time, Notice to Proceed:
2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be
given at any time after the Effective Date of the Contract.
Starting the Project:
2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall be done
prior to the date on which the Contract Time commences. Any Work petformed by CONTRACTOR prior to date on
which Contract Time commences shall be at the sole risk of CONTRACTOR.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown thereon and all applicable field measurements.
CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error, ambiguity, or discrepancy
which CONTRACTOR may discover and shall obtain a written interpretation or clarification from PROFESSIONAL
before proceeding with any Work affected thereby. CONTRACTOR shall be liable to OWNER for failure to report any
conflict, error, ambiguity or discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have
known thereof.
2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review:
2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the
Work:
2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and
2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis
for progress payments during construction. Such prices will include an appropriate amount of overhead and profit
applicable to each item of Work which will be confmned in writing by CONTRACTOR at the time of submission.
2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to each
additional insured identified in the Supplementary Conditions, an original policy or certified copies of each insurance
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August 2001
policy (and other evidence of insurance which OWNER may reasonably request) which CONTRACTOR is required to
purchase and maintain in accordance with Article 5.
Pre-construction Conference:
2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER,
PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties as to the
Work and to discuss the schedules referred to in 2.6 as well as procedures for handling Shop Drawings and other
submittals, processing applications for payment and maintaining required records.
Finalizing Schedules:
2.9. At least ten days before submission of the fIrst Application for Payment, a conference attended by
CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the schedules
submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10) calendar days to make
corrections and adjustments and to complete and resubmit the schedules, No progress payment shall be made to
CONTRACTOR until the schedules are submitted and acceptable to OWNER and PROFESSIONAL as provided below.
The finalized progress schedule will be acceptable to OWNER and PROFESSIONAL as providing an orderly
progression of the Work to completion within any specifIed Milestones and the Contract Time, but such acceptance will
neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere
with or relieve CONTRACTOR from full responsibility therefor. The fmalized schedule of Shop Drawing submissions
and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing and
processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to fonn and
substance,
CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining
the schedule, including updating schedule. Schedule updates shall include progression of work as compared to scheduled
progress on work. Schedule updates shall accompany each pay request.
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Revision Date
August 2001
ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning
the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all.
The Contract Documents will be construed in accordance with the law of the State of Georgia.
3.2. It is the intent of the Contract Documents to describe a functionally complete Proj ect ( or part thereof) to be
constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be
inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended
result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical
or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be
interpreted in accordance with that meaning.
3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or
supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall
take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract
Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not
specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations
applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents
would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall
be issued by PROFESSIONAL as provided in paragraph 9.4.
3.4, Reference to standards, specifications, manuals or codes of any technical society, organization or
association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by
implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of
opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise
specifically stated i? the Contract Documents.
3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or
!. discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or
Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any
instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to PROFESSIONAL in writing at once
and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from
PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report
any conflict, error, ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge
thereof or should reasonably have known thereof.
Amending and Supplementing Contract Documents:
3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or
to modifY the terms and conditions thereof in one or more of the following ways:
3.6.1. a formal Written Amendment,
3.6.2. a Change Order (pursuant to paragraph 10.3), or
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August 2001
3.6.3. a Work Change Directive (pursuant to paragraph lOA).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or
a Written Amendment.
3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work may be authorized in one or more of the followiTI.g ways:
3.7.1. a Field Order (pursuant to paragraph 9.5).
3.7,2. PROFESSIONAL's approval ofa Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or
3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4).
Reuse of documents:
3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or
OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or
bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall not reuse such Drawings,
Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without
written consent of OWNER and PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL.
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Page 7 of 51
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August 2001
ARTICLE 4-A V AILABILITY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be per-
formed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CON-
TRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be borne by OWNER. If
CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the
Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or
easements, the CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR
shall provide for all additional lands and access thereto that may be required for temporary construction facilities or
storage of materials and equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing
the Contract Documents and those drawings of physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground Facilities) that have been utilized in preparing the Contract
Documents.
4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and
drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such
"technical data," CONTRACTOR may not rely upon or make any claim against OWNER, PROFESSIONAL, or any of
PROFESSIONAL's Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but not limited
to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs incident thereto, or
4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in
such drawings, or
{
4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data,
interpretations, opinions or information.
4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2)
unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then
CONTRACTOR shall give OWNER notice thereof promptly before conditions are disturbed and in no event later than
48 hours after first observance of the conditions.
4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they differ
materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part
of the Work, the OWNER and PROFESSIONAL shall recommend an equitable adjustment in the Contract Price or
Contract Time, or both. If the OWNER and PROFESSIONAL determine that the conditions at the Site are not materially
different from those indicated in the Contract Documents or are not materially different from those ordinarily found and
GC-8
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Revision Date
August 2001
that no change in the tenns of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the
detennination in writing. The Work shall be performed after direction is provided by the PROFESSIONAL.
Physical Conditions-Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the site is based on infonnation and data furnished to OWNER or
PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is otherwise expressly provided
in the Supplementary Conditions:
4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of any such
information or data; and
4.3.1,2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have
full responsibility for reviewing and checking all such infonnation and data for locating all Underground Facilities shown
or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of such Underground Facilities
during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto
resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price.
4.3 .2. Not Shown or Indicated, If an Underground Facility is uncovered or revealed at or contiguous to the site
which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been
expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before perfonning any Work
affected thereby except in an emergency as permitted by paragraph 6.22, identify the OWNER of such Underground
Facility and give written notice thereof to that OWNER and to OWNER and PROFESSIONAL. PROFESSIONAL will
promptly review the Underground Facility to detennine the extent to which the Contract Documents should be modified
to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will
be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the
safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an
increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the
existence of any Underground Facility that was not shown or indicated in the Contract Documents and which
CONTRACTOR c~)Uld not reasonably have been expected to be aware of. If the parties are unable to agree as to the
amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
Reference Points:
4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in
PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall
be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and
preserve the established reference points and shall make no changes or relocations without the prior written approval of
OWNER. CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or
requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate
replacement or relocation of such reference points by professionally qualified personnel.
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive
Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or
GC-9
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Revision Date
August 2001
property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such
materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is
responsible.
4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and PROFESSIONAL
(and thereafter confirm such notice in writing). OWNER shall promptly consult with PROFESSIONAL concerning the
necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, ifany.
CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR
special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the
resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If
OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in
Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Wark is
agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12,
4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then
CONTRACTOR may order such portion of the Work that is in connection with such hazardous conditions or in such
affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the
Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have deleted such
portion of the Work performed by OWNER's own forces or others in accordance with Article 7.
4.7,1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste
or Radioactive Material uncovered or revealed at the site.
I"
GC-10
Page 10 of 51
Revision Date
August 2001
ARTICLE 5-BONDS AND INSURANCE
,
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the
Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment
becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall
also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the fonns
prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the
current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable
Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, D.S, Treasury
Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act.
Licensed Sureties and Insurers; Certificates of Insurance
5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by
CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of
Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must
be accompanied by a certified copy of authority to act. Such surety arid insurance companies shall also meet such
additional requirements and qualifications as may be provided in the Supplementary Conditions,
5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in 5.3, an
original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other
evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to
purchase and maintain in accordance with 5.3.
5.2.3. lfthe surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements
of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which
must be acceptabl~ to OWNER.
CONTRACTOR's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to be perfonned or furnished by CONTRACTOR, by any
Subcontractor, by anyone directly or indirectly employed by any of them to perfonn or furnish any of the Work, or by
anyone for whose acts any of them may be liable:
5.3 .1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit
acts;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRAC-
TOR's employees;
5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than
CONTRACTOR's employees;
GC-11
Page 11 of 51
Revision Date
August 200~
5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as
a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any
other person for any other reason;
5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting therefrom;
5.3.6, Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of
any person or for damage to property; and
5.3,7. Claims for damages because of bodily injury or death of any person or property damage arising out of the
OWNERSHIP, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less than the
limits of liability and coverage's provided in the Supplementary Conditions, or required by law, whichever is greater.
The comprehensive general liability insurance shall include completed operations insurance. All ofthe policies of insur-
ance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision
or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty
days prior written notice has been given to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail.
All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be
correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR
shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with
evidence of continuation of such insurance at fmal payment and one year thereafter.
Contractual Liability Insurance:
5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability
insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33.
OWNER's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance, and/or
Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER
against claims which may arise from operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain
property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as
may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include
the interests of OWNER, CONTRACTOR, Subcontractors, PROGRAM MANAGER, PROFESSIONAL and
PROFESSIONAL's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall
insure against the perils of fire and extended coverage and shall include" all risk" insurance for physical loss and damage
including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided
in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any
insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges
of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). Ifnot covered under the "all risk" insurance
GC-12
Page 12 of 51
p --,'
Revision Date
August 2001
or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property
insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be
included in an Application for Payment.
5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance
as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of
OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of
whom shall be listed as insured or additional insured parties.
5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and
maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the
coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days prior written
notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with
paragraph of 5 .11.2.
5,9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the
Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are
provided in the Supplementary Conditions. The risk of loss within the deductible amount will be borne by
CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes property insurance coverage
within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance
policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by
appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in
writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER.
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by
any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5,7 and other property
insurance applicable to the Work, and also waive all such rights against the Subcontractors, PROFESSIONAL,
PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused.
As required by paragraph 6.11, each subcontract betWeen CONTRACTOR and a Subcontractor will contain similar
waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's
consultants and all other parties named as insureds, None of the above waivers shall extend to the rights that any of the
insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy
so issued,
5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and 5.7 shall
protect all ofthe parties insured and provide primary coverage for all losses and damages caused by the perils covered
thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or
damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds,
and if the insurers require separate waiver forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant,
OWNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain
the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with
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OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money
so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other
special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on
account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment.
Receipt and Application of Insurance Proceeds
5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this
power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers in accordance with such
agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall,
upon the occurrence of an insured loss, give bond for the proper performance of such duties.
Acceptance of Insurance:
5,14, If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to
be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not
complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the
date of delivery of such certificates to OWNER in accordance with paragraph 2.7, If CONTRACTOR has any objection
to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by
OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents,
CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery, of such certificates to
CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such
additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER
or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such
insurance purchased by the other as complying with the Contract Documents.
Partial Utilization-Property Insurance:
5.15. If OWNER frods it necessary to occupy or use a portion or portions of the Work prior to Substantial
Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10 provided
that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged
notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property
insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse
on account of any such partial use or occupancy.
Indemnification
5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its
employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including
attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit,
demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction
of tangible property, including the loss of use resulting therefrom and (b) is caused in whole orin part by an act or
omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for
whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault ofa
party indemnified hereunder.
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5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of
CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose
acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any
way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any
SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or other employee benefit acts,
5.16.3. CONTRACTOR shall indemnify and hold hannless OWNER and anyone directly or indirectly
employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys' fees) arising
out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any
alleged infringement of such rights.
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ARTICLE 6--CONTRACTOR'S RESPONSffiILITIES
6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract
Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures
of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of
a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies
accurately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident
superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except under
extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to
CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the Work and
perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or
adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed
during regular working hours, and CONTRACTOR will not permit evening work or the performance of Work on Sat-
urday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to
PROFESSIONAL.
6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full
responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and
incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the
Work as required by the Contract Documents.
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract
Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence (including reports of
required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied,
installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier
except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to
assign to PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority to
supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility
contrary to the provisions of paragraph 9.14 or 9.15.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit toPROFESSIONAL for acceptance to the extent indicated in paragraph 2.9
adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to
the progress schedule then in effect and additionally will comply with any provisions of the General Requirements
applicable thereto.
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Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the
name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type,
function and quality required. Unless the name is followed by words indicating that no substitution is pennitted, materials
or equipment of other Suppliers may be accepted by PROFESSIONAL if sufficient information is submitted by
CONTRACTOR to allow PROFES SIONAL to determine that the material or equipment proposed is equivalent or equal
to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General
Requirements. Requests for review of substitute items of material and equipment will not be accepted by PROF-
ESSIONAL from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of
material or equipment, CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof,
certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the
general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The
application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's
achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will
require a change in any of the Contract Documents (or in the provisions ofany other direct contract with OWNER for
work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the
substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed
substitute from that specified will be identified in the application and available maintenance, repair and replacement
service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or
. indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the
resulting change, all of which shall be considered by PROFESSIONAL. In evaluating the proposed substitute,
PROFESSIONAL may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the
proposed substitute.
6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required
by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or
procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits sufficient information to allow
PROFESSIONAL to determine that the substitute proposed is equivalent to that indicated or required by the Contract
Documents. The procedure for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied
by PROFESSIONAL and as may be supplemented in the General Requirements.
(
6.7.3, PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed substitute.
PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or utilized without
PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense, a special performance
guarantee or other surety with respect to any substitute. PROFESSIONAL will record time required by PROFESSIONAL
and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed substitute, CON-
TRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for
evaluating each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including
those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially or as a substitute,
against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to
employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection.
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6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons
or organizations including those who are to furnish the principal items of materials and equipment to be submitted to
OWNER prior to the Effective Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if
CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or
PROFESSIONAL's acceptance (either in writing or by failing to make written objection thereto by the date indicated for
acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or
other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in
which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference,
and the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment
signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person or
organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and omissions of
the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a
direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts
and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or
PROFESSIONAL and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation
on the part of OWNER or PROFESSIONAL to pay orto see to the payment of any moneys due any such Subcontractor,
Supplier or other person or organization except as may otherwise be required by Laws and Regulations.
6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by
any specific trade.
6,11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and
conditions ofthe Contract Documents for the benefit of OWNER and PROFESSIONAL and contains waiver provisions
as required by paragraph 5,11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account oflosses under policies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is
the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and hold harmless OWNER
and PROFESSIONAL and anyone directly or indirectly employed by either of them from and against all claims,
damages, losses and expenses including attorneys' fees and court and arbitration costs arising out of any infringement on
patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the
Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all
such claims in connection with any alleged infringement of such rights.
Permits:
6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges and
inspection fees, and all public utility charges which are applicable and necessary for the execution of the Work. All
permit costs shall be included in the base bid. Permits, ifany, that are provided and paid for by OWNER are listed in the
Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only
and no damages or additional compensation for delay will be allowed.
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Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur-
nishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations,
neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's compliance with any Laws
or Regulations.
6.14.2, If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws, rules,
and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then be adjusted by
an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should have known to be contrary
to such laws, ordinances, rules, and regulations and without such notice to the Project Manager, it shall bear all related
costs,
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in
accordance with the Laws and Regulations of the place of the Project which are applicable during the petformance of the
Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the
operations of workers to the Project ~ite and land and areas identified in and permitted by the Contract Documents and
other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements. CONTRACTOR shall
not umeasonably encumber the premises with construction equipment or other materials or equipment. Any loss or
damage to CONTRACTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR.
CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant
thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be
made against OWNER or PROFESSIONAL by any such OWNER or occupant because of the performance of the Work,
CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by
arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold
OWNER harmless- from and against all claims, damages, losses and expenses (including, but not limited to, fees of
PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising directly,
indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the
extent based on a claim arising out of CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of
waste materials, rubbish and other debris or contaminants resulting from the Work. At the completion of the Work,
CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools,
appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for
occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by
the Contract Documents.
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August 2001
6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or
pressures that will endanger them.
Record Documents:
6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents and all
Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during
the construction process. These shall be available to PROFESSIONAL and the Project Manager and shall be submitted
with the Application for Final Payment.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work. CONTRACTOR shall assume all risk ofloss for stored equipment or materials,
irrespective of whether CONTRACTOR has transferred the title of the stored equipment or materials to OWNER.
CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
6.20.1. all employees on the Work and other persons and organizations who may be affected thereby;
6.20.2, all the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site; and
6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road-
ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course
of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent property and of
Underground Facilities and utility OWNERs when prosecution of the Work may affect them, and shall cooperate with
them in the protection, removal, relocation and replacement oftheir property. All damage, injury or loss to any property
referred to in paragraph 6.20,2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perrorm or
furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR
(except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or
PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be liable, and not
attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's
duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is
completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph
14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).
6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the prevention of
accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by
CONTRACTOR to the Project Manager.
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Emergencies:
6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER, is obligated to
act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROFESSIONAL prompt written notice if
CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been
caused thereby. If PROFESSIONAL determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Work Change Directive or Change Order be issued to document the
consequences of the changes or variations.
6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any
person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written
report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the
occurrence.
6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because of the
action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to document the
consequences of such action.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to
PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and samples
required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the
approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown on or with the submittals
will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable
PROFESSIONAL to review the submittal as required. At the time of each submission, CONTRACTOR shall give notice
to PROFESSIONAL of all deviations that the submittal or sample may have from the requirements of the Contract
Documents.
6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and approval
shall be only for conformance with the design concept of the Project and compliance with the information given in the
Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the
item functions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required
number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall
constitute its representation to PROFESSIONAL and OWNER that CONTRACTOR has determined and verified all
quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each submittal or
sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents.
6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has been
approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good
order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any delays associated
with the submittal process will be considered for time extensions only, and no damages or additional compensation for
delay will be allowed,
6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and
verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop
Drawings and samples and with the requirements of the Work and the Contract Documents.
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6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written notice of
each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in
addition, shall cause a specific notation to be made on each Shop Drawing submitted to PROFESSIONAL for review and
approval of each such variation.
6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples, but
PROFESSIONAL's review and approval will be only for confonnance with the design concept of the Project and for
compliance with the infonnation given in the Contract Documents and shall not extend to means, methods, techniques,
sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of
construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto.
The review and approval of a separate item as such will not indicate approval of the assembly in which the item
functions.
6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing,
called PROFESSIONAL's attention to each such variation at the time of sub mission and the OWNER has given written
approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve CONTRACTOR from
responsibility for errors or omissions in the submittals.
6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings
and sample submissions accepted by PROFESSIONAL as required, any related work performed prior to
PROFESSIONAL's review and approval of the pertinent submittal will be at the sole expense and responsibility of
CONTRACTOR.
Continuing the Work:
6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree in
writing.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and other
debris or contaminants resulting from the work on a daily basis or as required. At the completion of the work,
CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools, construction
equipment and machinery, and surplus materials and will leave the Site clean and ready for occupancy by OWNER. All
disposal shall be in accordance with applicable Laws and Regulations. In addition to any other rights available to
OWNER under the Contract Documents, CONTRACTOR's failure to maintain the site may result in withholding of any
amounts due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not
designated for alteration by the Contract Documents.
Indemnification:
6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and employees from
and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees
and charges of PROGRAM MANAGER, PROFESSIONALs, architects, attorneys and other PROFESSIONALs and
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court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim,
damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in
part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be
liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law
and Regulations regardless of the negligence of any such party.
6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of their
consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization
directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of
them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such
Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or
other employee benefit acts.
6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of
PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval of
maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications.
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ARTICLE 7---0THER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other
work performed by aided OWNERs or let other direct contracts therefor which shall contain General Conditions similar
to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice
thereofwill be given to CONTRACTOR prior to starting any such other work, and, if CONTRACTOR believes that such
performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to
agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a direct
contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and safe access to
the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of
such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting
and patching of the Work that may be required to make its several parts come together properly and integrate with such
other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their
work and will only cut or alter their work with the written consent of PROFESSIONAL and the others whose work will
be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility
OWNERs and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in
said direct contracts between OWNER and such utility OWNERs and other contractors.
7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such
other contractor or utility OWNER (or OWNER), CONTRACTOR shall inspect and promptly report to
PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for
such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work
as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in
the other work.
Coordination:
7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the person or
organization who will have authority and responsibility for coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and
responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Supplementary
Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall
have any authority or responsibility in respect of such coordination.
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ARTICLE 8---0WNER'S RESPONSffiILITIES
8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to
CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a PROFESSIONAL
against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that
of the former PROFESSIONAL. Any dispute in connection with such appointment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall
make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys to
establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and
making available to CONTRACTOR copies of reports of explorations and tests of subSUlface conditions at the site and in
existing structures which have been utilized by PROFESSIONAL in preparing the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set
forth in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3.
8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances.
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ARTICLE 9---PROFESSIONAL'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and
responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during construction are
set forth in the Contract Documents and shall not be extended without written consent of OWNER and
PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction
to observe the premises and quality of the executed Work and to determine, in general, if the Work is proceeding in
accordance with the Contract Documents. PROFESSIONAL will not be required to make exhaustive or continuous
on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's efforts will be directed toward
providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents.
On the basis of such visits and on-site observations as an experienced and qualified design PROFESSIONAL,
PROFESSIONAL will keep OWNER informed of the progress ofthe Work and will endeavor to guard OWNER against
defects and deficiencies in the Work.
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project Representative
to assist PROFESSIONAL in observing the performance of the Work. The duties, responsibilities and limitations of
authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions.
If OWNER designates another agent to represent OWNER at the site who is not PROFESSIONAL's agent or employee,
the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary
Conditions.
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract Documents (in
the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by CONTRACTOR,
which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents, If
CONTRACTOR believes that a written clarification and interpretation entitles it to an increase in the Contract Price
and/or Contract Time, CONTRACTOR may make a claim as provided for in Articles 11 or 12.
Authorized Variations in Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the
overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER
and also on CONTRACTOR who shall perform the Work involved promptly, If CONTRACTOR believes that a Field
Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree
as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12.
Rejecting Defective Work:
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9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes to be
defective and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9,
whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see paragraphs 6.23
through 6.29 inclusive.
9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10,11 and 12.
9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc" see
Article 14.
Determinations for Unit Prices:
9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work performed
by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary
detenninations on such matters before rendering a written decision thereon (by recommendation of an Application for
Payment or otherwise). PROFESSIONAL's written decisions thereon will be fmal and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers
to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a decision.
Decisions on Disputes:
9.11. PROFES SIONAL will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work
or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the
Work and claims under Articles 11 and 12 in respect of changes to the Contract Price or Contract Time will be referred
initially to PROFE'SSIONAL in writing with a request for a formal decision in accordance with this paragraph, which
PROFESSIONAL will render in writing within a reasonable time. Written notice of each such claim, dispute and other
matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no
event later than thirty days after the occurrence of the event giving rise thereto) and written supporting data will be
submitted to PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL
allows an additional period of time to ascertain more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL will not
show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9.10
and 9.11. with respect to any such claim, dispute or other matter (except any which have been waived by the making or
acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or
CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or
Regulations in respect of any such claim, dispute or other matter.
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Limitations on PROFESSIONAL's Responsibilities:
9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract Documents nor
any decision made in good faith to exercise such authority shall give rise to any duty or responsibility of
PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees.
9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques, sequences, or
procedures or the safety precautions and programs used. PROFESSIONAL shall not be responsible for
CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.
9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any
Subcontractors, any agents or employees, or any other persons performing any of the Work.
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ARTICLE lO--CHANGES IN THE WORK
10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions,
deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request, identifying the
Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the
changed work prepared in accordance with Articles 11 and 12. If the proposal request calls only for the deletion of
Work, the OWNER may order the partial suspension of any Work related to the proposed deletion, in which case
CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on
deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents.
10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle
CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an
emergency as provided in Article 6. The effect ot-this paragraph shall remain paramount and shall prevail irrespective of
any conflicting provisions contained in these Contract Documents.
10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as
provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price,
PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and
submitted to OWNER for approval.
lOA. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a Work
Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with Section 11.3.
The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by
OWNER. If CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR may submit a claim in
accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully perform the work as
directed by the Work Change Directive.
10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to
be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
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ARTICLE ll-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subj ect to written authorized adjustments) payable
to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by
CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price.
11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for
an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to
the other party and to PRO FES SIONAL promptly (but in no event later than thirty days) after the occurrence of the event
giving rise to the claim and stating the general nature of the claim. Notice of the amount ofthe claim with supporting data
shall be delivered within sixty days after such occurrence (unless PROFESSIONAL allows an additional period of time to
ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the
amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result
of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL
in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No
claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price
will be determined by the following procedures:
11.3 .1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and acknowledge that
the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by
OWNER for bid purposes and that the actual compensation payable to CONTRACTOR for the utilization of such items
is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required
to complete the Work as originally defmed in the Contract Documents.
11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined in these
Contract Documents, is required and affects the quantities required for items designed in the Bid Proposal as unit price
items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items
shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the
Bid Proposal to the quantity of the unit price item required to complete the Work as defmed in the Contract Documents.
11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and
CONTRACTOR may establish unit prices as agreed on by Change Order.
11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work is
required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or
decrease in the lump sum price shall be established by mutual agreement of the parties.
11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree on a price
for the changed work, a reasonable price for the same shall be established by OWNER in accordance with 11.4 and 11.5.
OWNER shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.4
through 11.6. CONTRACTOR shall perform the Work as directed in the Change Order.
11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the
specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to OWNER;
acceptance at no pay; or acceptance at reduced fmal pay quantity or reduced unit price, all at the discretion of OWNER.
Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by OWNER
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based upon an analysis of the scope of CONTRACTOR's failure to construct to plan or authorized dimensions.
Cost of the Work:
11.4. The tenn Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR
in the proper perfonnance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be
in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
11.4,1. Payroll costs for employees in the direct employ of CONTRACTOR in the perfonnance of the Work
under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement
benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents
and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal
holidays, shall be included in the above to the extent authorized by OWNER.
11.4,2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of trans-
portation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which
case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds and all returns from sale of surplus
materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work perfonned by Subcontractors. If
required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR
and shall deliver such bids to OWNER who then determines, with the advice of PROFESSIONAL, which bids will be
accepted. Ifa subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the
Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All
subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable,
11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, sur-
veyors, attorneys and accountants) employed for services specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery,
appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the
perfonnance of the Work, and cost less market value of such items used but not consumed which remain the property of
CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of
PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof-all in
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accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when
the use thereof is no longer necessary for the Work.
1104.504. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations,
11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone
directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and
fees for permits and licenses.
1104.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work
or otherwise sustained by CONTRACTOR in connection with the perfonnance and furnishing of the Work (except losses
and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph
5.6) provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include
settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or
damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and
premiums of property insurance coverage within the limits of the deductible amounts established by OWNER in
accordance with paragraph 5.6.
11.5. The term Cost of the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partner -
ship and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants,
purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR
whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically
covered by paragraph 11.4A-all of which are to be considered administrative costs covered by CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office at the
site.
11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital used for
the Change Order Work and charges against CONTRACTOR for delinquent payments.
11.504. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph
1104.5.9 above).
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11.5 .5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly,
employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of
defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property.
11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as
follows:
11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon;
11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen percent,
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a
subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of
overhead and profit of all Subcontractors shall be fifteen percent,
11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.3,
11.6,2.4. the amount of creditto be allowed by CONTRACTOR to OWNER for any such change which results
in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's Fee by an
amount equal to ten percent of the net decrease, and
11.6.2.5. .when both additions and credits are involved in anyone change, the adjustment in CONTRACTOR's
Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive.
11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with supporting data
in such detail and form as prescribed by the Project Manager. When a credit is due, the amount of credit to be allowed
by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the
actual net decrease in direct cost as determined by the Project Manager, plus the applicable reduction in overhead and
profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated
on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization
of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden,
equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs
specifically itemized, plus the overhead and profit markup.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such
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sums within the limit of the allowances as may be acceptable to PROFESSIONAL CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials
and equipment required by the allowances to be delivered at the site and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit
and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances.
No demand for additional payment on account of any thereof will be valid.
Prior to fmal payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to reflect
actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be
correspondingly adjusted.
Unit Price Work:
11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit
prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract Price. Determinations ofthe actual quantities and classifications
of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph
9.10.
11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each separately identified item.
11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially
and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding
adjustment with respect to any other item ofW ork and if CONTRACTOR believes that CONTRACTOR has incurred
additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in
accordance with Article 11 if the parties are unable to agree as to the amount of any such increase.
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ARTICLE l2--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract
Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7) calendar days of the
occurrence first happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and
OWNER within fifteen (15) calendar days after such occurrence unless the OWNER allows additional time. All claims
submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes of
the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or completion of
the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or by any separate
CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor disputes, fire, unavoidable
casualties, utility conflicts which could not have been identified or foreseen by CONTRACTOR using reasonable
diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract Time shall be extended by Change
Order for such reasonable time as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for
such causes only for the number of days of delay which OWNER may determine to be due solely to such causes and only
to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have
strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in
the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the
performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which
OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to
perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole and
exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any aspect of the
Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein.
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ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13 .1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless
otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or
defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals
referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of
the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety
requirements shall be considered defective. Notice of all defects shall be given to CONTRACTOR by
PROFESSIONAL. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in
this Article.
Access to Work:
13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated representatives
of OWNER, and authorized representatives of any regulatory agency shall at all times be given access to the Work.
CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection
or testing by others.
Tests and Inspections:
13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than CONTRACTOR,
CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore.
13.4. The testing fmn(s) (if assigned by OWNER to this Work) and all such inspections, tests, or approvals
provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other inspections,
tests or approvals sp.all be at CONTRACTOR's expense including additional expenses for inspection and tests required
as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week. For all required inspections,
tests, and approvals on any Work prepared, performed, or assembled away from the site, CONTRACTOR will furnish
PROFESSIONAL with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance
with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as
may be required by law or the Contract Documents. Materials or Work in place that fail to pass acceptability tests shall
be retested at the direction of PROFESSIONAL and at CONTRACTOR's expense,
13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body
having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by
PROFESSIONAL if so specified).
13.6, If any Work (including the work of others) that is to be inspected, tested or approved is covered without
written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for observation. Such
uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of
CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in
response to such notice.
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13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals by
persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perlonn the Work in accordance
with the requirements of the Contract Documents.
Uncovering Work:
13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written
approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the Work shall, if
requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and replaced at
CONTRACTOR's expense.
13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by
PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover,
expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that portion
of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective,
CONTRACTOR shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and
testing and of satisfactory reconstruction (including but not limited to fees and charges of PROFESSIONALs, architects,
attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price
and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article
11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract
Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation,
inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
OWNER May Stop the Work:
13.10, When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or suitable
materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if
CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR to stop the
Work until the cau!!e for such order has been eliminated. However, this right of OWNER to stop the Work shall not give
rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party.
CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a
stop work order under this paragraph.
Correction or Removal of Defective Work:
13 .11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as
specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed, orremove
it from the site and replace it with non-defective Work. If CONTRACTOR does not correct such defective Work or
remove and replace such defective Work within a reasonable time, as specified in a written notice from
PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect costs of such correction shall be
paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of
correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or
replacement of the defective Work.
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One Year Correction Period:
13.12, If, after approval of final payment and prior to the expiration of one year after the date of substantial
completion or such longer period oftime as may be prescribed by law or by the terms of any applicable special guarantee
required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in
accordance with the Contract Documents, CONTRACTOR shall promptly, without cost to OWNER and in accordance
with OWNER's written instructions, either correct such defective Work or if it has been rejected by OWNER, remove it
from the Site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of
such instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct, indirect and
consequential costs of such removal and replacement (including but not limited to fees and charges of engineers,
architects, attorneys and other professionals) will be paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to
PROFESSIONAL's recommendation of fmal payment, PROFESSIONAL) prefers to accept it, OWNER may do so.
CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and
determination to accept such defective Work (such costs to be approved by PROFESSIONAL as to reasonableness and to
include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such
acceptance occurs prior to PROFESSIONAL's reconimendation of fmal payment, a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled
to an appropriate decrease in the Contract Price, and, ifthe parties are unable to agree as to the amount thereof, OWNER
may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13 .14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to
correct defective Work or to remove and replace rejected Work as required by PROFES SIONAL in accordance with
paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if
CONTRACTOR f~lls to comply with any other provision of the Contract Documents, OWNER may, after seven days'
written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under
this paragraph, OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and
suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for
which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER,
OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to
exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in
exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness
by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and,
if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11.
Such direct, indirect and consequential costs will include, but not be limited to, fees and charges of engineers, architects,
attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or
damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be
allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise
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by OWNER of OWNER's rights and remedies hereunder.
Neglected Work by CONTRACTOR
13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents, including
any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and
take specific corrective actions including, but not limited to, employing additional workmen and/or equipment, and
working extended hours and additional days, all at no cost to OWNER in order to put the Work back on schedule. If
CONTRACTOR fails to correct the deficiency or take appropriate corrective action, OWNER may terminate the contract
or CONTRACTOR's right to proceed with that portion of Work and have the Work done by others. The cost of
completion under such procedure shall be charged against CONTRACTOR. A Change Order shall be issued
incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract
Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the
difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs to
OWNER of associated inspection, construction management and resident engineers shall be identified to
CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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ARTICLE 14-P AYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress payments and
will be incorporated into a form of application for Payment acceptable to Project Manager. Progress payments on
account of Unit Price Work will be based on the number of units completed.
Application for Progress Payment:
14,2, At least twenty (20) calendar days before the date established for each progress payment (but not more
often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment filled
out and signed by CONTRACTOR covering the work completed as of the date of the application and accompanied by
such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location
agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence
that the materials and equipment are covered by appropriate property insurance and other arrangements to protect
OWNER's interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%)
retainage that will be held until the final payment or acceptance by OWNER. The amount of retain age with respect to
progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of
payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. PROFES SION AL will, within ten (10) calendar days afterreceipt of each Application for Payment, either
indicate in writing a recommendation of payment and present the application to OWNER, or return the application to
CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter
case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty-one
calendar days of presentation to him of the application for payment with PROFESSIONAL's recommendation of the
amount for payment, pay CONTRACTOR amount recommended.
14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will
constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations of the
Work in progress as an experienced and qualified design PROFESSIONAL and on PROFESSIONAL's review of the
Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated;
that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of the Work is in accordance with
the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the Contract Documents, to a fmal determination of
quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the
recommendation; and that CONTRACTOR is entitled to payment of the amount recommended. However, by
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recommending any such payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or
continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other
matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER
to withhold payment to CONTRACTOR.
14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation by
PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set
forth in paragraph 14.13 have been fulfilled.
14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in
PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL may also
refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent
inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in
PROFESSIONAL's opinion to protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement.
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order.
14.7.3, OWNER has been required to correct defective Work or complete Work in accordance with paragraph
13.14. or
14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims have been
made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed
in connection with the Work or there are other items entitling OWNER to a off-set against the amount recommended, but
OWNER must give CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for
such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify
OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of Substantial
Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make an
inspection of the Work to determine the status of completion. If PROFESSIONAL does not consider the Work
substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If
PROF~SSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and deliver to OWNER a
tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached
to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any
provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes that the
Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's,
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objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen
days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as
PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time of delivery of the
tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with
respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so infonn PROFESSIONAL prior to PROFESSIONAL's issuing the
definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be binding on
OWNER and CONTRACTOR until fmal payment.
14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative
list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i) has
specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR agree
constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose
without significant interference with CONTRACTOR's perfonnance of the remainder of the Work, may be accomplished
prior to Substantial Completion of all the Work subject to the following:
14.10.1. OWNER at any time may request CONTRACTOR in writing to pennit OWNER to use any such part
ofthe Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR
agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work is substantially
complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and PROFES SIONAL in writing that CONTRACTOR considers any such
part ofthe Work ready for its intended use and substantially complete and request PROFESSIONAL to issue a certificate
of Substantial COIppletion for that part of the Work. Within a reasonable time after either such request, OWNER,
CONTRACTOR and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of
completion. If PROFESSIONAL does not consider that part of the Work to be substantially complete, PROFESSIONAL
, will notify OWNER and CONTRACTOR, in writing, giving the reasons therefor. If PROFESSIONAL considers that part
of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and
access thereto.
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14.10.2. OWNER may at any time request CONTRACTOR, in writing, to permit OWNER to take over
operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to
PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall make
an inspection of that part of the Work to determine its status of completion, and PROFESSIONAL will prepare a list of
the items remaining to be completed or corrected thereon before fmal payment. If CONTRACTOR does not object in
writing to OWNER and PROFESSIONAL that such part of the Work is not ready for separate operation by OWNER,
PROFESSIONAL will fml!-lize the list of items to be completed or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation as to the division of responsibilities pending fmal payment
between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance,
warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at
the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed
PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall
allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work.
14.10.3, No occupancy or separate operation of part ofthe Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property insurance,
14.10.4. OWNER, may at its discretion, reduce the amount of retain age subject to Beneficial Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is
complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify
CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective.
CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies.
FinalApplicationforPaymen~
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL and
OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions,
schedules, guarant~es, bonds, certificates or other evidence of insurance required by 5.2, certificates of inspection,
marked-up record documents and other documents, CONTRACTOR may make application for final payment following
the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously
delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of
insurance required, (ii) consent of the surety, if any, to fmal payment, and (iii) complete and legally effective releases or
waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases
or waivers ofliens and as approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit
of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a lien
could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for
which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied, If any
Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other
collateral satisfactory to OWNER to indemnify OWNER against any lien.
14.12.1. No application for fmal payment will be accepted by OWNER until approved as-built documents by
CONTRACTOR are accepted and approved by PROFESSIONAL.
14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and
PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor, laborer
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or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. Such
parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him, CONTRACTOR agrees to
defend and resolve all claims made by Subcontractors, indemnifying OWNER and PROFESSIONAL for all claims
arising from or resulting from Subcontractor or supplier or material men or laborer services in connection with this
project.
14.12,3. Generallndemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any damages
sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to petform the work required by these
contract documents.
Final Payment and Acceptance:
14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final inspection
and PROFESSIONAL's review of the fmal Application for Payment and accompanying documentation as required by the
Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been fulfilled, PROFESSIONAL will, within ten (10) working days after
receipt of the final Application for Payment, indicate in writing PROFESSIONAL's recommendation of payment and
present the Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice to
OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6. Otherwise,
PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the reasons for refusing to
recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the
Application. After the presentation to OWNER of the application and accompanying documentation, in appropriate form
and substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by
PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, fmal completion of the Work is significantly delayed and if
PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and
recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully
completed or correyted is less than the retainage stipulated in the Contract and ifbonds have been furnished as required in
Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed
and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such
payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a
waiver of claims.
CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to petform and complete the Work in accordance with the Contract
Documents shall be absolute. Neither recommendation of any progress or fmal payment by
PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by
OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or
any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any
review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of
acceptability by PROFESSIONAL pursuant to paragraph 14.13, nor any correction of defective Work
by OWNER will constitute an acceptance ofW ork not in accordance with the Contract Documents or a
release of CONTRACTOR's obligation to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.16).
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Waiver of Claims:
14.16. The making and acceptance of final payment will constitute:
14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled
liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply with the Contract
Documents or the tenns of any special guarantees specified therein, or from CONTRACTOR's continuing obligations
under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in
writing and still unsettled.
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ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereoffor a period of not
more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix the date on which
Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an
adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if
CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12.
Termination For Cause:
15.2. Upon the occurrence of anyone or more of the following events:
15,2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11,
United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a
petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency;
15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency;
15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors;
15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under
contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a
Lien against such property or for the purpose of general administration of such property for the benefit of
CONTRACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due;
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent
pemritted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site
and take possession ofthe Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR
for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER
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15,2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including,
but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the
progress schedule established under paragraph 2.9 as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;
15.2.8, if CONTRACTOR disregards the authority of PROFESSIONAL; or
15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents,
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has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but
not limited to fees and charges ofPROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and
arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to
reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies
under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed.
15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially determined that
there was no cause for termination, the termination for convenience provision will be the means for disposition of the
balance of the contract obligations.
T.ermination for Convenience
1504. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may,
without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such
case, CONTRACTOR shall be paid (without duplication of any items):
1504.1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the
effective date of termination, including fair and reasonable sums for overhead and profit on such Work;
1504.2. For expenses sustained prior to the effective date oftermination in performing services and furnishing
labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and
reasonable sums for overhead and profit on such expenses;
15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account ofloss of anticipated profits or revenue or other economic loss arising out
of or resulting from such termination.
15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect
any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention
or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability,
CONTRACTOR May Stop Work or Terminate:
15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety
calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails to act on any
Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to pay
CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days' written
notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such suspension
or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in
15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROFESSIONAL has
failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty-one
GC-47
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Revision Date
August 2001
calendar days after it is submitted to pay CONTRACTOR any sum fmally determined to be due, CONTRACTOR may
upon seven days' written notice to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such
amounts due CONTRACTOR, including interest thereon. The provisions ofthis paragraph are not intended to preclude
CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time or
otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this
paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to
carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with
OWNER.
GC-48
Page 48 of 51
Revision Date
August 2001
ARTICLE 16-DISPUTE RESOLUTION
16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra
work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the
dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shall be filed in
quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in
sufficient detail to identify the claim, together with its character and scope. In the meantime, CONTRACTOR shall
proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be
deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given
within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10)
working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be
mailed to CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out
of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court
of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to jurisdiction and venue in the
Superior Court of Richmond County, Georgia, and waives any right to contest same,
GC-49
Page 49 of 51
Revision Date
August 2001
ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to the individual or to a member of the finn or to an officer of
the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday
or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a
day.
General:
17,3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error,
omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other
party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance
of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of
the provisions of any applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations
imposed upon CONTRACTOR by paragraphs 6.32,13.1,13.12,13.14,14.3 and 15.2 and all of the rights and remedies
available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not to be construed in any way as a
limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or
Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of
this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular
duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the
Contract Documents will survive fmal payment and termination or completion of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this Work and
Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum offive (5) years from the
date offinal completion or termination of this Contract. OWNER shall have the right to audit, inspect, and copy all such
records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of
five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours.
OWNER, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at
the direction of CONTRACTOR as concerns the aforesaid records and supporting documentation.
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions of the
Georgia Prompt Pay Act, O,C.G.A. Section 13-11-1, et seq. In the event any provision of the Contract Documents are
inconsistent with any provision of the Prompt Pay Act, this provision of the Contract Documents shall control.
GC-50
Page 50 of 51
Revision Date
August 2001
17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due
Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR specifically waives
any claim to same.
Substitutions:
17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of materials
that are not determined to be equivalent to those indicated or required in the contract documents without an amendment
to the contract. .
Sanitary Sewer Overflow Prevention:
17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction:
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the
State is a violation of Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This plan will
include a list of key personnel with 24-hour contact information who will respond during an emergency situation. The
ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency
Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and
supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the
bypass, All bypass systems will include complete redundancy in pumping systems, iffailure of the primary pumping
system could result in a discharge of untreated wastewater to waters of the State.
17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and
maintenance if the failure ofthe bypass pump could result in the discharge of untreated wastewater to waters of the State.
17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following actions:
1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater.
2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT
REPRESENTATIVE (contact information will be provided at the preconstruction conference).
3. Maintain a chronicle of relevant information regarding the incident including specific actions taken by the
CONTRACTOR and estimates of the discharge volume.
17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia
Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if appropriate.
17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the
CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department will
undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the
CONTRACTOR.
17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the
Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR.
GC-51
Page 51 of 51
SECTION
SC-Ol
SC-02
SC-03
SC-04
SC-05
SC-06
SC-07
SC-08
SC-09
SC-lO
SC-ll
SC-12
SC-13
SC-14
SC-15
SC-16
SC-17
SC-18
SC-19
SC-20
SC-21
SC-22
SC-23
SC-24
SC-25
SC-26
SC-27
SC-28
SECTION SC-O
INDEX TO SUPPLEMENTARY CONDITIONS
Scope of the Work
List of Drawings
Bonds
Contractor's Liability Insurance
Protection of the Environment
Temporary Toilets
Plans and Specifications Furnished
Record Drawings
Shop Drawings
Existing Structures
Salvage Material
Referenced Specifications
Traffic Control
Surveys
Construction Order and Schedule
Consulting Engineers
Inspection and Testing of Work
Site Access
Tree Save
Georgia Prompt Pay Act
City Acceptance
Disputes
Specified Materials
Interest Not Earned on Retainage
Basis of Payment
Compliance with Laws, Codes, Regulations, Etc.
Equivalent Materials
After Hours Inspection
SECTION SC
SUPPLEMENTARY CONDITIONS
-01. SCOPE OF THE WORK:
The project referred to in the Agreement shall consist of the furnishing all materials (unless otherwise
noted on the plans). Labor, machinery, etc. necessary to install 8" ductile iron pipe and valves, concrete
valve vault, access hatches, 14"ductile iron pipe.
-02. LIST OF DRAWINGS:
The following drawings, prepared by The Augusta Utilities Department comprise the plans for the
project.
SHEET NO,
TITLE
DATE
ORIGINAL REVISED REVISED
C-1
C-2
C-3
Cover Sheet
Plan & Profile
Details
02/12/09
02/12/09
02/12/09
-03. BONDS:
The Contractor will include in the lump sum payment for Lump Sum Construction the cost of his
performance and payment bonds.
-04. CONTRACTOR'S LIABILITY INSURANCE:
Insurance shall be written with limits ofliability shown below or as required by law, whichever is greater:
Commercial General Liability (per occurrence) Each Occurrence $ 1,000,000
General Aggregate $ 2,000,000
Products $ 2,000,000
Personal & Adv injury $ 1,000,000
Fire Damage $ 500,000
Automobile Liability (any auto) Combined Single Limit $ 1,000,000
Excess Liability (any auto) Each Occurrence $ 5,000,000
Workers Compensation Statutory Limits
Employer Liability $ 1,000,000
-06. PROTECTION OF THE ENVIRONMENT:
The Contractor will carefully schedule his work so that a minimum amount of the exposed earth will be
subject to erosion by rainfall or wind, and he will provide means satisfactory to the Engineer to minimize
the transportation of silt and other deleterious material from the project area onto adjacent properties or
into adjacent water courses.
All chemicals used during project construction or furnished for project operation, whether herbicide,
pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EP A or
USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed
instructions.
-06. TEMPORARY TOILETS:
Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction
work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and
sanitary condition. Workmen shall be required to use only these toilets. At completion of the work,
toilets used by Contractor shall be removed and premises left in the condition required by the Contract.
-07. PLANS AND SPECIFICATIONS FURNISHED:
The Contractor will be furnished, free of charge, by the Owner up to five (5) sets of direct black line
prints together with a like number of complete bound specifications for construction purposes. Additional
sets of plans and/or specifications will be furnished to the Contractor at the cost of reproduction upon his
written request.
-08. RECORD DRAWINGS:
The Contractor will maintain in his office one complete set of drawings (including any supplemental
sketches) pertaining to the project upon which, at the end of each day's work any deviations from the
construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red
pencil. If necessary, supplemental drawings will be made to show details of deviations or changes, and
these will be kept with the marked set. The drawings will be available to the Engineer for inspection
during construction and at the completion of construction. Prior to submitting his estimate for fmal
payment, as-built drawings are to be prepared and submitted by the contractor to the engineer. As-built
drawings shall include tap locations and manholes located to a minimum of two separate surface features.
-09. SHOP DRAWINGS:
The Contractor shall submit to the Engineer for his review shop drawings, cuts, diagrams, bar lists, steel
details and other descriptive data on every item, where shown on the drawings or specified herein. The
Contractor shall check all submittals and so indicate on each copy thereof. Five copies of such shop
drawings shall be submitted to the Engineer before ordering of the material. Submittals which have not
been checked by the Contractor will not be reviewed by the Engineer, Reviews by the Engineer of
submittals will cover only general conformity with the project requirements, while responsibility for
detailed conformity shall remain with the Contractor. The Contractor will be notified by mail of the
results of the submittal reviews within ten (10) days of the receipt by the Engineer thereof.
-010. EXISTING STRUCTURES:
Where sidewalks, street signs, private signs, walls, sidewalks, fences, pipelines, etc. are removed in
accomplishing the work, each and every item will be replaced in the same or better manner or condition
than that in which it was before construction began. The Contractor will protect and hold harmless the
Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private
property,
-011. SALVAGE MATERIAL:
All existing installations to be removed, including but not limited to masonry and concrete rubble,
asphalt, pipe, etc. will be disposed of at an approved location by the Contractor. Owner shall direct
Contractor as to materials desired to be retained by Owner,
-012. REFERENCED SPECIFICATIONS:
Where specifications or standards of trade organizations and other groups are referenced in these
specifications, they are made as much a part of these specifications as if the entire standard or
specification were reprinted herein. The inclusion of the latest edition or revision of the referenced
specification or standard is intended.
-013. TRAFFIC CONTROL:
Traffic control shall cOliform to the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal
Highway Administration, latest edition. The Contractor shall give prior written notification to and shall
obtain the approval of the Augusta Fire Department, Police Department, Emergency Medical Services,
and the Augusta Traffic Engineering Department of any street closures.
-014. SURVEYS:
The Engineer has established base lines for locating the principal component parts of the work, together
with a suitable number of bench marks adjacent to the work. From the information thus provided, the
Contractor shall develop and make all detail surveys needed for construction lines and elevations. The
Contractor shall employ only Registered Land Surveyors or Registered Professional Engineer to perform
all detail surveys. The Contractor will diligently preserve and maintain the position of all stakes,
reference points and bench marks after they are set and, in case of willful or careless destruction, he shall
be charged with the resulting expense and shall be responsible for any mistakes that may be caused by
their unnecessary loss or disturbance.
-015. CONSTRUCTION ORDER AND SCHEDULE:
A. The Contractor shall be responsible for the detailed order, schedule, and methods of construction
activities within the general guidelines specified for maintenance and protection of highway and
pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified.
B. After no!ice to proceed and prior to the first payment on the contract the Contractor shall submit
the following for review:
(1) Breakdown of contract price into units of cost for each item required to complete the total
work; this breakdown will be the basis for judging the percentage complete at any time.
(2) A statement of the order of procedure to be followed that will result in the required protection
and completion of the work within the overall contract time.
(3) A bar chart showing the percentage of each item schedules against time and so scheduled that
Contractor's order of construction is clearly shown.
C. With each request for payment the Contractor shall submit two copies of the bar chart clearly
marked to show the work completed at the date of the payment requested.
D. Progress Schedule Requirements
(1) Bar Chart Schedule: Prepare on maximum 11 inch by 17 inch sheet size for each separate
stage of Work as specified and shown, to include at least:
(a) Identification and listing in chronological order of those activities reasonably
required to complete work, including, but not limited to, subcontract work, major
"
equipment design, factory testing and startup activities, project close out and
cleanup and specified work sequences, constraints, and milestones, including
Substantial Completion date(s). Listings to be identified by Specification section
number.
(b) Identify: (i) horizontal time frame by year, month, and week, (ii) duration, early-
start, and completion of each activity and sub-activity and (iii) critical activities
and Project float.
(c) Provide sub-schedules to further defme critical portions of the work.
(d) Monthly schedule submissions: show overall percent complete, projected and
actual, and completion progress by listed activity and sub-activity.
(e) Identify the critical path on the schedule.
(2) General:
(a) Schedule(s) shall reflect work logic sequences, restraints, delivery windows,
review times, contract times and milestones set forth in the Agreement, and shall
begin with the date of Notice to Proceed and conclude with the date of Final
Completion.
(b) The schedule requirement herein is the minimum required. Contractor may
prepare a more sophisticated schedule if such work will aid Contractor in
execution and timely completion of work.
(c) Base schedule on standard 5-day work week.
(d) When bar chart or network analysis schedules are specified, use Primavera
Project Planner, latest version, SureTrak latest version or a compatible and
approved software.
(e) Adjust or confirm schedules on a monthly basis as follows:
Contractor shall submit to Engineer for acceptance proposed adjustments in the
progress schedule that will not change the contract times (or milestones). Such
adjustments will conform generally to the progress schedule then if effect and
additionally will comply with any provisions of the General
Requirements applicable thereto.
Proposed adjustments in the progress scheduled that will change the contract
times (or milestones) may only be a Change Order.
Use of float suppression techniques such as preferential sequencing or logic,
specialleadllag logic restraints, and extended activity times are prohibited, and
use of float time disclosed or implied by use of alternate float-suppression
techniques shall be shared to proportionate benefits to Owner and Contractor.
Pursuant to above float-sharing requirement, no time extensions will be granted
nor delay damages paid until a delay occurs which (i) impacts project's critical
path, (ii) extends work beyond contract completion date.
-016. CONSULTING ENGINEERS:
The Owner has engaged consulting engineers to assist the Director of Utilities, defmed herein as the
Engineer, by preparing plans and specifications for the work and by providing certain services during the
bidding and construction phases of the project. The Director of Utilities remains the fmal authority
hereunder and is the "Engineer" as used throughout the Contract Documents.
For this Agreement only, construction sites include places of manufacture for materials incorporated into
the construction work, and construction contractors include manufacturers or materials incorporated into
the construction work.
-017. INSPECTION AND TESTING OF WORK:
The Owner shall provide sufficient competent engineering personnel for the technical observation and
testing of the work. The Engineer and his representatives shall at all times have access to the work
whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such
access, and for inspections.
Inspectors shall have the power to stop work on account of a workman's incompetency, drunkenness, or
willful negligence or disregard of orders. An inspector may stop the work entirely if there is not a
sufficient quantity of suitable and approved materials or equipment on the ground to carry it out properly
or for any good and sufficient cause. Inspectors may not accept on behalf of the Owner any material or
workmanship which does not conform fully to the requirements of the contract and they shall give no
orders or directions under any possible circumstances not in accordance with the Specifications. The
Contractor shall furnish the inspector with all required assistance to facilitate thorough inspection or the
culling over or removal of defective materials or for any other purpose requiring discharge of their duties
for which service no additional allowance shall be made. The inspector shall, at all times, have full
permission to take samples of the materials that mayor may not be used in the work.
Any inspection provided by the Engineers is for the purpose of determining compliance with provisions
of the contract specifications and is in no way a guarantee of the methods or appliances use by the
Contractor, nor for the safety of the job.
The Owner will employ a qualified materials testing laboratory, hereinafter referred to as the Laboratory,
to monitor more fully on the Owner's behalf the quality of materials and work, and to perform such tests
as may be required under the Contract Documents as conditions for acceptance of materials and work.
The Laboratory will be solely responsible to and paid separately by the Owner. The timing of the work of
the Laboratory will be coordinated by the Engineer through his duly authorized inspector.
The Owner will bear the cost of testing a particular material or area of the work once. Where retesting is
required following corrective measures or under other circumstances, the Contractor shall reimburse the
Owner for the cost of additional testing.
If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any
work to be specially tested or approved, the Contractor shall give the Engineer tiInely notice of its
readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed
for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the
source of supply. If any work should be covered up without review or consent of the Engineer, it must, if
required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.
Re-examination of any work maybe ordered by the Engineer, and, if so ordered, the work must be
uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the
Owner shall pay the cost of re-examination and replacement. If such work is not in accordance with the
Contract Documents, the Contractor shall pay such cost.
-018. SITE ACCESS:
In order to minimize damage to existing paving and landscaping, access to the site for the contractor's
personnel and equipment will be restricted to the routes designated by the Owner. The contractor will be
required to use on those routes unless written approval is given by the owner.
-019. TREE SAVE:
Prior to beginning grading operations, the Contractor is to notify the Owner and the Engineer so that
those trees which are to be saved can be marked in the field. Once these trees are marked, the Contractor
shall take every precaution, including tree protection fence, to save these trees.
-020. GEORGIA PROMPT PAY ACT:
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement
shall control.
-021. CITY ACCEPTANCE:
Notwithstanding any other obligations of the Contractor, he shall complete the work to the full
satisfaction of the Augusta Utilities Department and the Engineer. This provision shall not relieve the
Contractor of his responsibilities for guarantees.
-022. DISPUTES:
All claims, disputes and other matters in question between the Owner and the Contractor arising out
of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to
venue in Richmond County and waives any right to contest the venue in the Superior Court of
Richmond County, Georgia.
-023. SPECIFIED MATERIALS:
Attention is drawn to the specification of certain brands or manufacturers of construction materials
on the drawings. Unless the phrase "or equal" appears in the specification thereon, no substitution or
deviation from the product specified will be allowed. Notwithstanding any provision of the general
conditions, there shall be no substitution of materials that are not determined to be equivalent to those
indicated or required in the contract documents without an amendment to the contract.
-024. INTEREST NOT EARNED ON RETAINAGE:
Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be
due to the Contractor on any sum held as retainage pursuant to this Agreement and Contractor
specifically waives any claim to same.
-025. BASIS OF PAYMENT:
As explained in the section "Instructions to Bidders" and paragraphs 11.91, 11.92 and 11.93 of the
General Conditions, payment for all items of construction will be made at the total of the actual
number of units installed at the unit prices stated in the Bid Schedule to the Proposal. Partial
payments will be made based on the actual number of units of work completed during the month and
in-place at the unit prices stated in the Bid Schedule.
-026. COMPLIANCE WITH LAWS. CODES. REGULATIONS. ETC.:
Supplementing the provision of the GENERAL CONDITIONS, the successful bidder awarded this
contract by signing the contract acknowledges the following, however, this is not to be construed as all
inclusive or being these only:
I. Underground Gas Pipe Law:
The Contractor signing the contract acknowledges that he is fully aware of the contents and
requirements of "Georgia Laws 1969, Pages 50 and the following, and any amendments and
regulations pursuant thereto", and the Contractor shall comply therewith.
2. High Voltage Act:
The Contractor by signing the contract acknowledges that he is fully aware of the contents and
requirements of "Act No. 525, Georgia law 1960, and any amendments thereto, and Rules and
Regulations of the commissioner of Labor pursuant thereto" (the preceding requirements within
quotation marks being hereinafter referred to as the "high voltage act"), and the Contractor shall
comply therewith. The signing of Contract shall also conftrm on behalf of the Contractor that he:
A. has visited the premises and has taken into consideration the location of all electrical power
lines on and adjacent to all areas onto which the contract documents require to permit the
Cont,ract either to work, to store materials, or to stage operations, and
B. that the Contractor has obtained from the Owner of the aforesaid electric power lines advice
in writing as to the amount of voltage carried by the aforesaid lines.
The Contractor agrees that he is the "person or persons responsible for the work to be done"
as referred to in the high voltage act and that accordingly the Contractor is solely "responsible
for the completion of the safety measures which are required by Section 3 of the high voltage
act before proceeding with any work." The Contractor agrees that prior to the completion of
precautionary measures required by the high voltage act he will neither bring nor permit the
bringing of any equipment onto the site (or onto any area or areas onto which the contract
documents require or permit the Contractor to work, to store materials, or to stage operations)
with which it is possible to come within eight feet of any high voltage line or lines pursuant
to operations arising out of performance of the Contract. The foregoing provisions apply to
power lines located (a) on the site and (b) on any area or areas onto which the contract
documents require or permit the Contractor either to work, to store materials, or to stage
operations, or (c) within working distance for equipment or materials, being used on (a) and
(b) above. These provisions of the Contract do not limit or reduce the duty of the Contractor
otherwise owed to the Owner, to other parties, or to both. The Contractor agrees that the
foregoing provisions supplement provisions of the General Conditions. The Contractor
agrees and acknowledges that any failure on his part to adhere to the high voltage act shall
not only be a violation of law but shall also be a breach of contract and specific violation of
the provisions of the General Conditions which pertains to safety precautions.
3. Occupational Safety & Health Act:
The Contractor by signing the contract acknowledges that he is fully aware of the provisions of
the Williams-Steiger Occupational Safety and Health Act of 1970 and he shall comply therewith.
-027. EQUIVALENT MATERIALS:
Notwithstanding any provision of the general conditions, there shall be no substitution of materials
that are not determined to be equivalent to those indicated or required in the contract documents
without an amendment to the contract.
-028. AFTER HOURS INSPECTION:
If the Contractor opts to work before or after normal working hours, 8 a.m. to 5 p.m., Monday through
Friday, or on Augusta, Georgia Legal Holidays, then the Contractor must pay for the cost of inspection by
the City of Augusta, Georgia and follow all necessary procedures listed in "Section 15, Right-of-way
Encroachment Guidelines, Part E, Outside of Normal Working Hours," of the Augusta-Richmond County
Planning Commission Development Documents dated September, 1999, or latest version. If inspectors of
Augusta-Richmond County are needed to work outside normal business hours, Augusta-Richmond
County needs to be notified in advance.
SECTION TS-O
INDEX TO TECHNICAL SPECIFICATIONS
SECTION
SECTION 330501.02
DUCTILE IRON PIPE AND FITTINGS
Refer to the Augusta Utilities Standards and Specifications entitled:
WATER and SANITARY SEWER SYSTEMS GUIDELINES -latest revision.
AUGUSTA UTILITIES DEPARTMENT
STANDARD TECHNICAL SPECIFICATIONS
SECTION 33 05 01.02
DUCTILE IRON PIPE AND FITTINGS
PART 1 GENERAL
1.01 REFERENCES
A. The following is a list of standards that may be referenced in this section:
1. American Association of State Highway and Transportation Officials
(AASHTO):
a. T99, Standard Specification for the Moisture-Density Relations of
Soils Using a 2.5 kg (5.5LB) Hammer and a 30Smm (12 in.)
Drop.
2. American Water Works Association (A WW A):
a. CI04,Cement-Mortar Lining for Ductile Iron Pipe and Fittings
for Water.
b. CI05, Polyethylene Encasement for Ductile Iron Pipe Systems.
c. CII0, Ductile Iron and Grey Iron-Fittings, 3-inch through
48-inch.
d. Clll, Rubber-Gasket Joints for Ductile Iron Pressure Pipe and
Fittings.
e. C115, Flanged Ductile Iron Pipe with Ductile Iron and Grey Iron
Fittings.
f. C150, Thickness Design of Ductile-Iron Pipe.
g. C151, Ductile-Iron Pipe. Centrifugally Cast, for Water.
h. C153, Ductile Iron Compact Fittings, 3-inch through 24-inch and
54-inch through 64-inch for Water Service.
1. C207, Steel Pipe Flanges for Waterworks Service, Sizes 4-inch
Through 144-inch (100mm through 3600mm).
J. C600, Installation of Ductile-Iron Water Mains and Their
Appurtenances.
k. C606, Grooved End, Shouldered Joints.
3, ASTM International (ASTM)
a. A307, Standard Specification for Carbon Steel Bolts and Studs,
60,000 psi Tensile Strength.
b. A563, Standard Specification for Carbon and Alloy Steel Nuts.
c. BI6.21, Standard Specification for Nonmetallic Flat Gaskets for
Pipe Flanges.
d. D882, Standard Test Method for Tensile Properties of Thin Plastic
Sheeting.
e. D1330, Standard Specification for Rubber Sheet Gaskets.
33 0501.02
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DUCTILE IRON PIPE AND FITTINGS
1
AUGUSTA UTILITIES DEPARTMENT
STANDARD TECHNICAL SPECIFICATIONS
f. D1922, Standard Test Method for Propagation Tear Resistance of
Plastic Film and Thin Sheeting by Pendulum Method.
g. D2000, Standard Classification System for Rubber Products in
Automotive Applications.
h. D4976, Standard Specification for Polyethylene Plastics Molding
and Extrusion Materials.
4. Ductile Iron Pipe Research Institute (DIPRA).
1.02 SUBMITTALS
A. Action Submittals:
1. Shop Drawings: Marking plan and details of standard pipe section
showing dimensions, pipe joints, fitting and special fitting pressure
rating and thickness, size, coating and lining data.
B. Informational Submittals:
I. Field Hydrostatic Testing Plan: Submit at least 15 days prior to testing
and at minimum, include the following:
a. Testing dates.
b. Piping systems and section(s) to be tested.
c. Method of isolation.
d. Method of conveying water from source to system being tested.
e. Calculation of maximum allowable leakage for piping section(s)
to be tested.
2. Certifications of Calibration: Approved testing laboratory certificate if
pressure gauge for hydrostatic test has been previously used. If pressure
gauge is new, no certificate is required.
3. Test documentation form and results.
2
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PART 2 PRODUCTS
2.01 MATERIALS
A. Pipe:
1. General:
a. Centrifugally cast, grade 60-42-10 iron.
b. Meet requirements of AWWA C150, Cl53 and Clll.
c. Lined and coated as specified.
2. Pressure rating of pipe as shown on drawings.
3. Pipe wall thickness of threaded pipe for a flanged pipe end shall be
minimum special thickness Class 53 from 12-inch to 54-inch diameter
pipe in accordance with AWWA C115.
DUCTILE IRON PIPE AND FITTINGS
AUGUSTA UTILITIES DEPARTMENT
STANDARD TECHNICAL SPECIFICATIONS
4. Grooved end pipe, for all pipe diameters, shall be minimum Special
Class 53.
5. Pipe shall be new and recently manufactured. Refurbished pipe shall not
be provided.
B. Joints:
1. Push-On Joint: Rated at minimum working pressure equal to pipe
material design.
2. Restrained Joint:
a. Manufactured proprietary joint that mechanically restrains pipe to
adjoining pipe.
b. Manufacturers and Products:
I) American Cast Iron Pipe; Flex-Ring and Lok-Ring.
2) U.S. Pipe; TR Flex.
3) Or approved equal.
3. Mechanical Wedge Action Type Joint:
a. Use only in areas where adjoining to fixed points where laying
length is determined in field.
b. Prior to purchase and installation, type and application of this joint
shall be approved by Engineer.
c. Manufacturers arid Products:
1) EBAA Iron; Mega-Lug
4. Flanged Joint: Threaded 250 psi working pressure ductile iron flanges
conforming to A WW A C115.
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DUCTILE IRON PIPE AND FITTINGS
C. Fittings:
1. Ductile Iron, Push-On, Flanged or Restrained Joint: In accordance with
A WW A Cll 0, at 250 psi minimum working pressure for 3- to 24-inch
fittings and 150 psi minimum working pressure for 30- to 48-inch
fittings.
2. Mechanical Joint Fittings: In accordance with A WW A Cl11.
3. Fittings shall be new and recently manufactured. Refurbished fittings
will not be accepted.
D. Welded Outlet: Only weld to pipe in manufacturer's shop.
E. Lining:
1. Pipe and fittings for clean water applications shall be cement-lined and
asphaltic seal coated in accordance with A WW A Cl 04.
2. Pipe and fittings for wastewater applications shall be lined with 40-mil
ceramic epoxy, as manufactured by Induron.
3
AUGUSTA UTILITIES DEPARTMENT
STANDARD TECHNICAL SPECIFICATIONS
F. Coating: Asphaltic type, I mil thick, in accordance with A WW A CIS1, C11S,
ClIO and ClS3.
G. Polyethylene Encasement:
1. Virgin polyethylene raw material conforming to requirements of
ASTM D4976.
2. Elongation: 800 percent, minimum, in machine and transverse direction
(ASTM D882).
3. Tensile Strength: 3,600 psi, minimum.
4. Dielectric Strength: 800V per mil-thickness, minimum.
S. Propagation Tear Resistance: 2,SSO-grams force (gt), minimum, in
machine and transverse direction (ASTM DI922).
6. Tube form, conforming to A WW A CIOS.
7. Film shall have minimum thickness of 0.008 inch (8 ml).
H. Bolting:
1. Bolts for flanged connections shall be carbon steel, ASTM A307,
Grade A hex bolts and ASTM AS63, Grade A hex head nuts.
2. Bolts for grooved end connections shall be manufacturer's standard.
1. Gaskets:
4
33 OS 01.02
REVISION JANUARY 2008
1. Gaskets for flat faced 150 and 2S0 psi working pressure flanges shall be
1/8 inch thick, red rubber (SBR), hardness 80 (Shore A), rated to
200 degrees F, conforming to ASME B 16.21, A WW A C207, and
ASTM D1330, Grades 1 and 2.
2. Gaskets for grooved end joints shall be Halogenated butyl, conforming
to ASTM D2000 and A WW A C606.
..
2.02 SOURCE QUALITY CONTROL
A. Factory Tests: In accordance with A WW A C104, ClOS, Cll 0, C 111, CllS,
CIS0, CIS1, CIS3 and C606.
PART 3 EXECUTION
3.01 EXAMINATION
A. Inspect pipe and fittings to ensure no cracked, broken, or otherwise defective
materials are being used.
3.02 PREPARATION
A. Trench Grade:
DUCTILE IRON PIPE AND FITTINGS
AUGUSTA UTILITIES DEPARTMENT
STANDARD TECHNICAL SPECIFICATIONS
1. Grade bottom of trench by hand to specified line and grade, with proper
allowance for pipe thickness and pipe base, when specified. Trench
bottom shall form a continuous and uniform bearing and support for
pipe between bell holes.
2. Before laying each section of pipe, check grade and correct irregularities
found. Grade may be disturbed for removal oflifting tackle.
B. Bell (Joint) Holes: At each joint, dig bell holes of ample dimensions in bottom
of trench, and at sides where necessary, to permit joint to be made properly
and to permit easy visual inspection of entire joint.
3.03 INSTALLATION
A. General:
1. Provide and use proper implements, tools, and facilities for safe and
proper prosecution of Work.
2. Lower pipe, fittings, and appurtenances into trench, piece by piece, by
means of a crane, slings, or other suitable tools and equipment, in such a
manner as to prevent damage to pipe materials, protective coatings and
linings.
3. Do not drop or dump pipe materials into trench.
B. Cleaning Pipe and Fittings:
1. Remove lumps, blisters, and excess coal tar coating from bell and spigot
ends of each pipe. Wire brush outside of spigot and inside of bell and
wipe clean, dry, and free from oil and grease before pipe is laid.
2. Wipe ends of mechanical joint pipe and fittings and of rubber gasket
joint pipe and fittings clean of dirt, grease, and foreign matter.
C. Laying Pipe:
1. Direction of Laying: Lay pipe with bell end facing in direction of
laying. For lines on an appreciable slope, face bells upgrade at
discretion of Engineer.
2. Mechanical Joint, Push-On Joint, and Restrained Joint Pipe: After first
length of pipe is installed in trench, secure pipe in place with approved
backfill material tamped under and along sides to prevent movement.
Keep ends clear of backfill. After each section is jointed, place backfill
as specified to prevent movement.
3. Take precautions necessary to prevent floating of pipe prior to
completion of backfill operation.
4. When using movable trench shield, take necessary precautions to
prevent pipe joints from pulling apart when moving shield ahead.
33 05 01.02
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DUCTILE IRON PIPE AND FITTINGS
5
AUGUSTA UTILITIES DEPARTMENT
STANDARD TECHNICAL SPECIFICATIONS
5. Do not allow foreign material to enter pipe while it is being placed in
trench.
6. Close and block open end oflast laid section of pipe to prevent entry of
foreign material or creep of gasketed joints when laying operations are
not in progress, at close of day's work, or whenever workers are absent
from job.
D. Joining Push-On Joint Pipe and Mechanical Joint Fittings:
1. Join pipe with push-on joints and mechanical joint fittings in strict
accordance with manufacturer's recommendations.
2. Provide special tools and devices, such as, special jacks, chokers, and
similar items required for installation.
3. Lubricate pipe gaskets using lubricant furnished by pipe manufacturer.
No substitutes will be permitted.
4. Clean ends of fittings of dirt, mud, and foreign matter by washing with
water and scrubbing with a wire brush, after which, slip gland and
gasket on plain end of pipe. If necessary, lubricate end of pipe to
facilitate sliding gasket in place, then guide fitting onto spigot of pipe
previously laid.
E. Cutting Pipe:
1. General: Cut pipe for inserting valves, fittings, or closure pieces in a
neat and workmanlike manner without damaging pipe or lining and so
as to leave a smooth end, at right angles to axis of pipe.
2. Pipe: Cut pipe with milling type cutter or saw. Do not flame cut.
3. Dressing Cut Ends: Dress cut end of mechanical j oint pipe to remove
sharp edges or projections, which may damage rubber gasket. Dress cut
ends of push-on joint pipe by beveling, as recommended by
manufacturer.
F. Field Welding:
1. Use offield welded outlets will not be allowed. Welding for outlets
shall be performed only in pipe manufacturer's shop.
2. Field installed outlets may be installed with saddle approved by
Engineer. Opening in pipe shall be machined cut and not with cutting
torch.
3. Field welding of bars for restrained joint systems will not be allowed.
All welding shall be performed in pipe manufacturer's shop.
G. Line and Grade:
1. Minimum Pipe Cover: 4 feet, unless otherwise indicated.
2. No high points will be allowed between air valves.
6
33 05 01.02
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DUCTILE IRON PIPE AND FITTINGS
AUGUSTA UTILITIES DEPARTMENT
STANDARD TECHNICAL SPECIFICATIONS
3. Maintain pipe grade between invert elevations to provide minimum
clearance at air valve locations of 4 feet from existing ground surface to
top of pipe.
4. Install air valves as shown and field verify intervening low points.
When field conditions warrant, exceptions may be made upon approval
of Engineer.
5. Deviations exceeding 6 inches from specified line or 1 inch from
specified grade will not be allowed without express approval of
Engineer.
6. Pipeline sections that are not installed to elevations shown or installed
as approved by Engineer shall be reinstalled to proper elevation.
H. Thrust Restraint:
1. Restrained joints. Use of thrust blocking will not be allowed.
1. Polyethylene Encasement:
1. Encase pipe, fittings, and valves where specified in accordance with
AWWA CI05, Method A.
2. Cut polyethylene tube approximately 2 feet longer than pipe length.
3. Slip tube around pipe, centering to provide I-foot overlap on each
adjacent section.
4. Pull encasement to take out slack and wrap snug around pipe.
5. Secure overlap in place and fold at quarter points of pipe length.
6. Wrap and tape encasement snug around fittings and valves.
3.04 HYDROSTATIC TESTING
A. Pipeline Hydrostatic Test:
1. General:
a. Notify Engineer in writing 5 days in advance oftesting. Perform
testing in presence of Engineer
b. Test newly installed pipelines. Using water as test medium, pipes
shall successfully pass a leakage test prior to acceptance.
c. Furnish testing equipment and perform tests in manner
satisfactory to Engineer. Testing equipment shall provide
observable and accurate measurements ofleakage under specified
conditions.
d. Isolate new pipelines that are connected to existing pipelines.
e. Conduct tests on entire pipeline after trench has been backfilled.
Testing may be done prior to placement of asphaltic concrete or
roadway structural section.
33 05 01.02
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DUCTILE IRON PIPE AND FITTINGS
7
AUGUSTA UTILITIES DEPARTMENT
STANDARD TECHNICAL SPECIFICATIONS
f. Contractor may, if field conditions permit and as determined by
Engineer, partially backfill trench and leave joints open for
inspection and conduct an initial service leak test. Hydrostatic test
shall not, however, be conducted until backfilling has been
completed.
2. Procedure:
a. Maximum filling velocity shall not exceed 0.25 foot per second,
calculated based on the full area of pipe.
b. Expel air from pipe system during filling. Expel air through air
release valve or through corporation stop installed at high points
and other strategic points.
c. Test pressure shall be one and a halftimes system operating
pressure, but in no case less than 200 psi as measured at low point
of pipeline.
d. Apply and maintain specified test pressure with hydraulic force
pump. Valve off piping system when test pressure is reached.
e. Maintain hydrostatic test pressure continuously for 2 hours
minimum, adding additional make-up water only as necessary to
restore test pressure.
f. Determine actual leakage by measuring quantity of water
necessary to maintain specified test pressure for duration oftest.
g. If measured leakage exceeds allowable leakage or if leaks are
visible, repair defective pipe section and repeat hydrostatic test.
3. Allowable Leakage: Maximum allowable leakage shall not exceed
amount stated in A WW A C600.
END OF SECTION
DUCTILE IRON PIPE AND FITTINGS
8
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