HomeMy WebLinkAbout3 M G Elevated Water Tank Brown Road
Augusta Richmond GA
DOCUMENT NAME: 3 .N\, Cb E' \e..v'u-icd Watry 10. \\1 v, ~rown ~God
"l ~L '
DOCUMENT TYPE: CO \' fC.., r(A..C~
YEAR: OZ..
BOX NUMBER: II
FILE NUMBER: \ Co 475
NUMBER OF PAGES: \ Co~l
qdrlF Jty?~
AUGUSTA..,RICHMOND COUNTY COMMISSION-
~-~
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\30B Y (Hii\G
iVlay"r
STAFF ATTORNEYS
MICHAEL R. [hns
\'.-\"E55..\ FLOliHNOY
SI'ARTICli5 I-I EYWAHD
LEE I!E,IIW
TO~l~lY BOYLES
liL~lm BRIDGES
A,~/J\' CIIEE/o:
BOIlBY G. I L\,~/o:ERSO,~
WILLI'\~I B. KUIILKE. Jll.
11'.\1. "WILLIE" H. ~I'\Ys. III
5TEPIIE,~ E. SIIEP,\/W
~L\RI(),~ WI!.LI,\,\l5
JAMESB. 'VALL
CiTY ATTORNE,'
AUGUSTA LA W DEPARTivlENT
RICIIAIW L. COLCLOliGII
Mayor I'r(l Telll
GEORGE R. KOLB
Adlllinistrator
December 5, 2002
Plcase Reply to:
p,O 13o,~ 2125
Augusta. CiA 30903
(706) 821-2488
Fa,~ (706) 722-5984
.i lI'al/@co.ricl1lllond.ga.us
Mag Akpo-Sanni
Augusta Utilities Department
360 Bay Street, Suite 180
Augusta, Georgia 30901
RE: Bond Item # 10425; 3f.ilG Elevated Water Tank, Demolition Phase
Dear Mag:
~, Enclosed please find 5 executed copies of the contract between Augusta and
Empire Dismantlement Corporation. Please note that one copy was not signed by the Contractor.
By carbon copy of this Jettel:, 1 am forwarding a copy to Lena Bonner to be
included in the City's permanent records.
Thanking you, 1 am
Yours very truly,
(~
James B. Wall Ir<-fJ
.lBW/s.ip
Enclosures
cc: [vIs. Lena Bonner
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
"3 MG - ELEVATED WATER TANK - BROWN ROAD
DEMOLITION PHASE"
BOND ITEM NO. 10425
prepared for
AUGUSTA-RICHMOND COUNTY COMMISSION,
Augusta, Georgia
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prepared by
JOHNSON, LASCHOBER & ASSOCIATES, P.C.
+ ENGINEERS + DESIGNERS + CONSULTANTS +
1296 Broad Street, Augusta, GA 30901
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MAY 2002
JLA JOB No. 42.0005
-'e'
INVITATION TO BID
I Sealed Bids will be received in this ~ffi~e until1}:00 a.Ql., Tuesday, July 30,2002 for:
I Bid Item #02-146
3-MG Elevated Water Tank - Brown Rd. Demolition Phase for Augusta
Georgia Utilities Department
I Bids will be received by the City of Augusta Commission hereinafter referred to as the OWNER at the offices
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Geri A. Sams
The City of Augusta Purchasing Department
II Putth. 530 Greene Street - Room 605
asmg DePkugusta, Georgia 30911
At the tiine and place noted above the proposals will be publicly opened and read.
I Bidding documents may be obtained at the office of The City of Augusta Purchasing Department, 530 Greene
Street - Room 605, Augusta, GA 30911. Copies maybe obtained upon payment of $25.00 non-refundable
I per set. Bid documents may be examined during regular business hours at the offices of City of Augusta
Purchasing Department, F. W. Dodge Plan Room & Augusta Builders Exchange.
I A Mandatory Pre-Bid Conference will be conducted at 3:00 p.m. on Tuesday, July 16,2002 at the conference
room of the Purchasing Department, room 605.
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I Any objections to the specifications as set forth' should be fIled in writing prior to bid opening.
I YOU MUST SUBMIT 1 (ONE ) MARKED ORIGINALAND 2(TWO) COPY.
GERI A. SAMS, Purchasing Director
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It is the wish of the Owner that minority businesses are given the opportunity to bid on the various parts of
the work. This desire on the part of the Owner is ,not intended to restrict or limit competitive bidding or to
increase the cost of the work. The Owner supports a healthy free market system that seeks to include'
responsible businesses and provide ample opportunity for business growth and development. .
The Owners reserves the right to reject any or all bids and to waive technicalities and informalities. ~lease
mark Bid Item and Project Name on the outside of the envelope.
No Bid may be withdrawn for a period of 60 days after tie has been called on the date of opening. A 10%
bid bond is required to be submitted in a separate envelope so marked along with the bidders.
qualifications; a 100% performance bond and a 100% payment bond will be required for award.
Publish:
Augusta Chronicle
Augusta Focus
June 20, 27 & July 2,18, 2002
June 26, 2002
Walter Hornsby
Max Hicks . ,
Mag Akpo-BantJl .
Bob Davis
Augusta, Georgia Equal Opportunity
Augusta, 'Georgia Utilities Department
Augusta, Georgia CH2l'.i IE:I1 l.!..f,'{,'-h:eJ ~efJf
Augusta, Georgia CH2M Hill . , .
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Addendum No.1.
Date: July 19, 2002
3MG - Elevated Water Tank- Brown Road
Demolition Phase
Bond Item No. 10425
1. SECTION IB - INSTRUCTION TO BIDDERS: Revise Section IB-9
CONTRACT TIMES to read... " This p,foject shall be completed 90 days after
notice to proceed. '
2. SECTION 01010 - SUMMARY OF WORK: Under Section 1.2, paragraph C:
a. Add sub-paragraph 7. Miscellaneous equipment including old lime feeder,
pipe, hydrants, valves, valve boxes, and meter boxes lying loose on the
ground adjacent to and between the elevated and ground storage tanks;
above ground piping, valves, pumps, electrical panels within the existing
pump house; pipe and valves mounted on the side of the ground storage
tank; buried valves and piping indicated to be removed; above ground
mounted panels located under the elevated storage tank and miscellaneous
loose debris all located within the indicated project limits shall be
disposed of off-site by the Contractor as waste scrap. The Contractor shall
assume that some or all of the miscellaneous equipment has lead-
contained paint. Consequently, any recipient of these scrap materials shall
be notified by the Contractor of these materials having possible lead-
contained paint.
b. Add sub-paragraph 8. Tank mounted antennas and pumps in pump house
are intended to be salvaged by the Owner prior to Notice-To-Proceed. In
the event the tank mounted antennas are not removed prior to the Notice-
To-Proceed, the CONTRACTOR is directed to complete demolition of the
ground storage tank prior to demolition of the elevated tank. The antennas
are not to be removed, disabled, or otherwise disturbed by the
CONTRACTOR. The CONTRACTOR is advised that the OWNER may
conduct work on the project site concurrently with a third party to install a
new antenna.
c. Add sub-paragraph 9. Extend project limits to include removal of 4' to 5'
square wood shed structure located north of elevated storage tank inside
area circled "Not in Contract (Owned by COMCAST)". For Bid purposes
the Contractor shall assume that an inspection survey report will be
provided that indicates no asbestos containing material was found.
d. Add to sub-paragraph 1 to read " perimeter and center column pedestal
and footings may be removed in lieu of demolition of concrete pedestals to
a depth of one foot below existing grade".
3. LOCATION OF UNDERGROUND UTILITIES: The Contractor shall contact
the Utilities Protection Center (1-800-282-7411) three (3) working days before
commencing with any digging. .
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4. AS-BUILT DRAWINGS: The Contractor shall provide three (3) copies of
drawings marked as-built indicating limits of underground pipe removal and any
other underground features encountered.
5. BROWN ROAD LOAD LIMITATIONS: Brown Road has a posted load limit of
28 Tons. The Contractor shall be responsible for working within these limits or
attaining a special use permit from the appropriate authority.
6. ASBESTOS: \
a. Based on the referenced inspection survey report no asbestos containing
material was found in the existing pump house building to be demolished.
b. The existing pump house building has been inspected by an accredited
asbestos building inspector and found to contain no asbestos containing
materials. The contractor shall notify the State of Georgia via the "Project
Notification for. Asbestos Renovation, Encapsulation or Demolition
Project" form of the demolition date 14 days prior to scheduled
demolition. The notification submittal shall include a copy of the asbestos
survey, a copy of inspector training certificates to be provided by the
Owner Selected Testing Agency, and applicable fees.
c. Gaskets for pipe and tank fittings. Gasket materials have not been tested
for asbestos and for bid purposes the Contractor shall assume asbestos
containing materials are in gasket materials. The Contractor may choose
to isolate entire assemblages of pipe and tank fittings having possible
asbestos containing gasket materials by cutting out fittings. Any recipient
of these scrap materials shall be notified by the Contractor of the possible
asbestos containing material. If the Contractor disassembles fittings by
removing bolts, asbestos abatement shall occur by a licensed contractor or
sub-contractor.
7. UNDERGROUND STORAGE TANK (UST):
a. The Contractor shall remove and dispose of the eXIstmg UST in
accordance with State of Georgia rules and regulations following the
protocol established by API 1104. The Base Bid shall include removal of
up to 1,000 gallons of liquid or sludge in the UST. Liquid or sludge shall
be removed by pumping and properly disposed. Additional gallons of
liquid or sludge disposal shall be reimbursed on a unit price basis as listed
in the attached Bid Form.
b. For the purpose of bid, the Contractor shall assume there is no
contamination resulting from prior use of the UST system. All testing,
including initial testing for soil contamination shall be paid for under the
allowance for testing by the Owner Selected Testing Agency.
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c. The Contractor shall notify the Owner's Resident Project Representative
and the Owner Selected Testing Agency 48 hours before removal of the
tank.
d. If ground contamination is determined to exist from testing, work related
to further testing, excavation and remediation shall be outside the scope of
this contract.
e. The Contractor is responsible for submitting a notice of closure to the state
(see attached Georgia Underground Storage Tank (GUST) Closure
Activity Form). This form requires at least thirty (30) days notification
prior to tank closure (liquid removal and tank removal and disposal).
After notification, the UST would be pumped out, purged of vapors,
excavated and removed from the site. The Contractor shall render the tank
unusable (by cutting the ends out or crushing) and the soil sampled under
the excavated tank. The Contractor shall provide the engineer a
"Certificate of Destruction" for the removed tank.
f. If no soil contamination is found the excavated area shall be backfilled to
match adjacent grade similar to that specified for tank foundation removal
and mulched and the UST removal shall be complete. If contamination is
documented the Owner will either negotiate a change in scope to this
Contract or contract with a third party for additional testing, excavation
. and remediation as required by laws and regulations.
8. SECTION 02060-GROUND AND ELEVATED STORAGE TANK REMOVAL:
a. Add: Legal Removal, and Reclamation of Steel with Lead-Containing
Paint: The Contractor shall legally remove the steel (including the lead-
containing paint on the steel) from the site and reclaim the steel in
accordance with all Federal, State, and Local laws including but not
limited to OSHA, RCRA, Toxic Substance Control Act (TSCA),
Hazardous Materials Transportation Act (HMY A), USEP A, and Georgia
Department of Natural Resources HSRA regulations. The steel shall not
be disposed of as waste.
b. The Contractor shall perform work in a safe and responsible manner in
accordance with applicable federal and state laws and regulations intended
to safe guard workers, the public, and the environment, including public
and private lands. Through-out the contract documents and more
specifically in SECTIONS 02060 and 02065 references are made to lead
based paint abatement and prescribed methods of work, special protection
for workers, use of special equipment, etc. The Contractor, at his option,
may perform this work in an alternate manner within the laws and
regulations. The Contractor shall submit his work plan for approval with
the Bid noting all exceptions from the contract documents, certifying
compliance with all applicable federal and state laws and regulations. The
work plan shall demonstrate by submittal of supporting data from prior
experience that air standards have been met and employee health has been
protected.
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c. Revise Part 3-EXECUTION, Section 3.5 POLLUTION CONTROLS,
paragraph C.3 as follows:
1. If initial levels of lead in the soil are less than 400mg/kg and post
tank removal levels are less than 400 mg/kg no action is required
by the Contractor and remaining excavation work related to
specified foundation and underground pipe removal may proceed.
11. If initial levels are less than 400 mg/kg and post tank removal
levels are greater than 400 mg/kg soil remediation and re-testing
shall be .performed at no additional cost to the Owner to restore
lead levels equal to or below initial levels. This work shall be
completed prior to proceeding with removal of tank foundations
and underground pipe removal.
111. If initial levels of lead in the soil are greater than 400 mg/kg and
post tank removal levels are greater than 400 mg/kg the Contractor
shall remediate soil to levels below 400 mg/kg. The Contractor
shall be compensated for this work on a unit price basis as
presented in the Bid Form.
9. ALLOWANCE for OWNER SELECTED TESTING AGENCY: This allowance
shall be utilized by the Owner Selected Testing Agency to test for containments in
the air, at ground surface and in the soil as specified in the contract documents to
measure existing conditions and performance of the work in reference to
applicable state and federal laws and regulations. The allowance does not cover
testing and monitoring related to the Contractor's employees and their safety as
may be regulated and required by OSHA or other federal, state, and local laws
and regulations.
10. ATTACHMENTS:
a. See attachments test reports on lead and asbestos as follows for
information:
i. ACES 6/25/02 letter regarding asbestos inspection report on
existing pump house (3 pages).
11. ACES 7/12/02 letter regarding lead testing on exterior of existing
elevated storage tank (6 pages).
111. ACES 6/31/01 letter regarding lead testing on exterior of ground
storage tank (8 pages).
Note: The project shall be bid assmp.ing lead-containing interior
paint is present.
b. Project Notification for. Asbestos Renovation, Encapsulation or
Demolition Form (5 pages).
c. Georgia Underground Storage Tank (GUST) Closure Activity Form (1
page).
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d. BID FORM (See attached revised BID FORM (5 pages). Under unit
prices, page 0300-3 add:
ITEM
QUANTITY UNIT PRICE TOTAL PRICE
ADDITIONAL LIQUID or SLUDGE
DISPOSAL (Above 1,000
Gallons)
$
$
END OF ADDENDUM
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ALtERNATIVE CONSTRUCTION Cr
, ,
tNVIRONMENTALSOLUTIONSj INC.
.'
1450 Greene Street - Suite 510 . Augusta, GA 30901 '
Telephon~: 706-262-2000 . Facsimile: 706-262-3299 . E-mail: aces@kn6Iogy.net
June 25, 2002
Client:
. Johnson, Laschobor & Associates
P.O. Box 2103
. Augusta, Georgia 30903
ATTN: Mr. Brian Slater .
Project:
Bulk Sample Analy~is
PineHill-Brown'Road & Old.W,aynesboro Road
Rep.ortNumber:' 271-101-002
'OnJune 6, 2002,. a representative' .of Alternative Construction and Environmental
Solutions, Inc. (ACES) was present at the above referenced project. and collected three
bulk samples to be~rHilyzed by Polarized Light Microscopy Analysis. These s~mples '
'were submitted to a NISTfNVLAPaccredited laboratory for analysis.. The following is a.
, , '
summary .of the 'anal ysisresults..
/
. Lab Sample . Sample Description, ' ' Results
Number TD .' , ..
020603.79 PHA-1A Pump .House Roof-R9ofing Material' , No Asbestos Detected,
, . No Asbestos DeteCted
02060380 . 'PHA-IB' Pump House Roof-Roofing Material
02060381 PHA~IC " Pump House~Roof-Roofing Material No Asbestos Detected
. .
. SUMMARY OF ANALYSIS RESULTS
A copy of the .l~bonitory a~alysis' sheets i~ attached. This report w~s J~ep~~ed based on
, information' provided by the client and 'relates only to these samples'submitted.and
analyze'd: this report'.shall not bereproduced,'except in whole, and only with the written
. approval of lJternative Cc:nstniction and 'Environm ental Solutions; Inc .
_.......
Mark'E. HartZ
'. Vice President
MEH/lfm
'Attachments
Alternative ConstrUction & Environmental Solutions, Inc:
Report Number: 27H.oI-002
Page 1 of 1
AL TERNATlVE CcJNSTRUCTIVN &-
ENVIRON?vfENTAL SOLUTIVNS, INC. toJ
1450 GREENE STREET - SUITE 510 J\
AUGUSTA. GA 30901 L .
706-262-2000 ~
ASBESTOS BULK CHAIN OF CUSTODY RECORD ' .
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I PROJECT NAME: PI /r/;::- IIL~t.. .J? i!-o,Tcc7
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II PROJECT LOCATION: 1)E-ow Ai ~ cL
I I DATE SAMPLED: tJ& - ) I-tJ Z--
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I REMARKS:
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I Relinquished by:
I Relinquished by:
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10\ -C(j2-
LAB. NO. SAMPLE ID SAMPLE LOCATION SAMPLE DESCRIPTiON QUAL~TITY FfNF
&:c3f2f PIlIi Iii It PLt/17 ? (~U.5b ~o;:: !20,;; A g t .Pl/;..!t '1~ / JCJ I.. dp
n2>'6o Pit/) dJ.13 I ( ( ( If I( " ( /vIF
O~ ex I lfJ/lrJlC (c I' IT IC If //?
"'
Relinquished by:
z;; ~ Date:G:-:)!-O z.. Received by:
Date:
Date:
Received by:
Date:
Date:
Received by:
Date:
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ANALYTICAL ENVIRONMENTAL SERVICES, INC.
Bulk Sample Summary Report
[tD~~&~
Client Name:
Alternative Construction & Environmental Solutions
AES Job Number: ,10227
Monday, July 01,2002
A'L') :c~
.l::l:.L:.tw
Project Name: Pine Hill Project
Project Number: 271-101
Client 10
Comments
Location
PHA 01A 96231 Pump house roof - roojing
material
PHA 01B 96232 Pump house roof - rooting
material
PHA01C 96233 Pump house roof - roofing
material
Note: CH=chrysotile, AM=amosite. CR=crocidolite. AC=actinoJite, TR=tremolite. AN=anthophylite.
For comments on the samples, see the individual analysis sheets.
PLM is not consistently reliable in detecting small concentrations of asbestos in floor tiles and similar nonfriable materials. Quantitative TEM is
currently the only method that can be used to determine the conclusive asbestos content.
It is certified by the signatures below that the laboratory identified is accredited by the National Institute of Standards and Technology for Polarized
Light Microscopy (PLM) analysis under the EPA Interim Asbestos Bulk Sample Quality Assurance Program, Laboratory 102082-0. All percentages
given are by visually estimated volume. All analyses are performed in accordance with the EPA "Method for the Determination of Asbestos in Bulk
Building Materials, EPA/600/R-93/116. July 1993." This report must not be reproduced except in full with the approval of Analytical Environmental
Services, Inc. These test results apply only to the samples actually tested.
Microanalyst:
~ /.
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. . .)
:(: . -r ~1'~\J\. ..... .' .
. ...
QC Analyst:
/~~-1
Madiy Gendlin
Svetlana Arkhipov
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AL Tt'RNA TIVE CONSTRUCTION &
'ENVI'RONMENTA~ 'SOLUTIONS, INC.
1450 Greene Street - Suite 510 . Augusta, GA 30901
Telephone: 706-262-2000 . Facsimile: 706-262-3299 . E-mail: aces@knology.net
July 12, 2002
REC.E:I\~ ;'
. .' ~11!:::e,' V r:U .
Client:
Johnson, Laschobor& Associates
P.O. Box2103
Augusta, Georgia 30903
ATTN: Mr. Brian~Slater
JUL 15 !ooz
JLA
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Proj ecL
Leadin'Paint Chip Samples
-Pine Hill.P~ope.rty
Brown Road & Old Waynesboro Road
Report Number: 271-101-003
. On .June 11, 2002, a representative of Alternative Construction'.'& 'Environmental
. Solutions, Inc. (ACES) was present at'the above referenced facility to. collect three paint
samples. these ,samples w'ere taken in accordanoewith BUD guidelines, appendix 13.2'
and analyzed utilizing NIOSH 7082. The results of this analysis are doyumented'below.' .
This report relates only. to' the sample obtained and tested' and shall npt be reproduced;
except.inwho.le and.only with written consent of ACES.
.' MEH/lfm
, Total Lead in Paint Results
. .
Lab. # Sample Location Results '. Units LOD
ID- " I:
0207029'6 PBL-1 .Center Pipe-6' Hi[2;h .0.817. wt% 0.0147
02070297 PHL::-2.. 'West Side Leg-6' High ' 5.22 wt% 0.0889
02070298 PBL-3' North Side Leg-6' High 7.54 "wt% 0.114'
Alternative Construction & EnVironmental Solutions, Inc. .
Reptrt Number: 27i-lOl-003
Page lof)
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AL rrRNA TIVE CCJNST'R.U'. ~I()N &
fNVI'R.c0Nfv1fNTA L SOLUTIONS) INC.
1~5()GREr:NESTRFET-SUITE51() . , \/'\OU(
AUGUSTA. GA ]ll<)() [ eJ\..-\. T. \(. 0
7()Cl-2Cl2-2()()() .t?- .Zu 2>
LEAD IN PAINT CIIAIN OF ClISTODY RECORD
, ~'6C. oZo703}
lCLY..:hWU (',- PROJECT NUMBER: .;2/ J- 'OJ
I PROJECT NAME: f(A/C fI/L!. Pt.fJIEtTY
PROJECT LOCATION: 13bJrJI,J (G.d 0/- rtJL,.. j) Wfi'y'{l./E3 Bt:J~ fW '
I DATESAMLED: !Jt,-jJ-(/2
SAMPLED BY: e /J aLl
LIST OF SAMPLES' 7 '
LAB. NO.
SAMPLE 10
SAMPLE LOCATION
GRAB/AREA SAMPLED
c:rr SlOE
"J,{) ;2.TH S/ b c
, I
REMARKS:
Rcl;nqu;shcd' by' ~ }Ja//
Relinquished by:
<He:/ /L-{ cJ2... / q : I L
Date: r::c. ~
~i/.
D;ll~~CCCiV~d by:
Date: _ Received by:
Relinquished by:
Date:
Received by:
Date:
Relinquished by:
Date: ---.:..- Received by:
Date:
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-
AES
ANALYTICAL ENVIRONMENTAL SERVICES, INC.
July 03,2002
Raymond Ball
Alternative Construction & Env. Solutions, Inc.
1450 Greene Street
Suite 510
Augusta, GA 30901
TEL: (706) 262-2000
FAX (706) 262-3299
RE: Pine Hill Property
Dear Raymond Ball:
Order No.: 0207031
Analytical Environmental Servs, Inc. received 3 samples on 7/2/029:50:00 AM for the analyses
presented in the following report.
No problems were encountered during analyses. Additionally, all results for the associated
quality control samples were within EP A and/or AES established limits except where noted in
the project Case Narrative.
NELAClFlorida Certification number E87582 for analysis of Environmental Water,
soil/hazardous waste, and Drinking Water effective 07/01/01-06/30/02.
AIHA Certification number 505 for analysis of Air, Paint Chips, Soil, Dust Wipes effective
until 03/01/03.
These results relate only to the items tested.
This report shall not be reproduced except in full and with the permission of the laboratory.
If you have any questions regarding these test results, please feel free to call.
Sincerely,
3785 PRESIDENTIAL PARKWAY. ATLANTA, GWRGIA 30340 · T~L: (770) 457-8177. FAX: (770) 457-8188
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Analytical Environmental Servs, Inc.
Date: 03-Jul-02
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CLIENT:
Lab Order:
Project:
Lab ill:
A1te~ative Construction & Env. Solutions,
0207031
Pine Hill Property
020703l-001A
Client Sample ill: PHL 01
Tag Number:
Collection Date: 6/11/02
Matrix: PAINT
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Analyses
Result
Limit Qual Units
DF
Date Analyzed
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TOTAL METALS IN PAINT
Lead
PAINT
0.817 0.0147
wt%
2.52
Analyst: MM
7/3/029:03:00 AM
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Qualifiers:
BRL - Below Reporting Limit
J - Analyte detected below quantitation limits
B - Analyte detected in the associated Method Blank
· - Value exceeds Maximum Contaminant Level
S - Spike Recovery outside accepted recovery limits
R - RPD outside accepted recovery limits
E - Value above quantitation range
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Analytical Environmental Servs, Inc.
Date: 03-Jut-02
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CLIENT:
Lab Order:
Project:
Lab ill:
I
Alternative Construction & Env. Solutions,
0207031
Pine Hill Property
0207031-Q02A
Client Sample ill:
Tag Number:
Collection Date:
Matrix:
PHL 02
6/11/02
PAINT
Analyses
Date Analyzed
Result
Limit Qual Units
DF
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TOTAL METALS IN PAINT
Lead
PAINT
5.22 0.0889
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wt%
11.34
Analyst: MM
7/3/029:03:00 AM
Qualifiers:
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BRL - Below Reporting Limit
J - Analyte detected below quantitation limits
B - Analyte detected in the associated Method Blank.
* - Value exceeds Maximum Contaminant Level
S - Spike Recovery outside accepted recovery limits
R - RPD outside accepted recovery limits
E - Value above quantitation range
Page 2 of3
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. Analytical Environmental Servs, Inc.
Date: 03-Jut-02
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CLIENT: .
Lab Order:
Project:
Lab ill:
Alternative Construction & Env; Solutions,
0207031
Pine Hill Property
0207031-003A
Client Sample ill:
Tag Number:
Collection Date:
Matrix:
PHL 03
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6/11/02
PAINT
Analyses
Result
Limit Qual Units
DF
Date Analyzed .
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TOTAL METALS IN PAINT
Lead
PAINT
7.54 0.114
wt%
Analyst: MM
14.25. 7/3/029:03:00 AM
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Qualifiers:
BRL - Below Reporting Limit
J - Analyte detected below quantitation limits
B - Analyte detec'ted in the associated Method Blank
· - Value exceeds Maximum Contaminant Level
S - Spike Recovery outside accepted recovery limits
R - RPD outside accepted recovery limits
E - Value above quantitatiori range
1
Page 3 of3
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. ., )
A L TERNA TlVECONsTRucnoN. 6-
ENVIRONMENTAL SOLU710NS, INC.
'1450 Greene Street - Suite 510 . Augusta, GA 30901' '.
Telephone: 706-262-2000 . Facsimile: 706-262-3299 . .E-mail: aces@knology.net
December 31,2001
~,"'.::.-
.. ")'''-:'''': ',' "
: ,._ , _. ~it: '-'.. : ", ':,. ~~! '.""'
'. - ~. . .
Client:
Johnson, Laschober & Associates PC
1296 Broad Street
Augusta, GA 30901
Attn: Mr. Brian Slater
':';
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JAN 0'4 2002
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Project: '..
p'ine Hill Water Tank:
Brown Road- Augusta, GA
Report Number: 271-101-001
OhOctober 1, 2001,. a represent~tive of Alternative Con'struction & Environmental
Solutions, Inc. was present at the above referenced project to perform sampling of the
.pred~minate paint colors to determine if lead was present as well as the sampling of the
soil. . . .' . .
A total. of three, paint samples were .collected and submitted to the labo'ratory fof ami.lysis. .
The yerhaL results were given to the client on October 4, 200.1. A summary of the .results
. follows: .. . .
Sam pIe Sample Location. ' Results
rp Wt%
T.:.l . Nfimway Cover - SSW Side 9.68
. T-2. . I Side of tank: at outlet.:... WSW Side ! 0: 0949
I ---
'I ~
i . X-3 I Sideyfl'ank;- ESE Side . ! 8.06
r Altresults exceed the OSHAlevef requiri~g adherence to 29CFR 1926.62. .
. .
. .
Copie's of all chains of custody and' laboratory analysis sheet~ for the paint chip sampling
,and analxsis are included "with this' report. .
. In addition; the area under 'andarolmd the. tank was. identified in grids on the site plan and
soil samples taken from various locations. Thes~ location~ were marked o'n the grid and
.the sam.ples labeled accordingly. The samples are being retained ill" our office for
possible analysis in theJuture if project 'conditions warrant.
Alternative Construction & Environptental Solutions, Inc.
Report Nwnber: 271-101-DlH
Page 1 oi2
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If you should have any further questions, or require' any further information, please
advise.
oNMENrAL SOLUnoNs, INc.
. DDT/msb
Enclosures
. . . Alternative Construction & Environmental Solutions, loc.
ReportNumber: 271-101-DOl"
Page 2 oi2
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-. -.....
-
AES
AN AL YTICAL ENVIRONMENTAL SERVICES, INC.
October 04, 2001
Raymond Ball
Alternative Construction & Env. Solutions, Inc.
1450 Greene Street
Suite 510
Augusta, GA 30901
TEL: (706) 262-2000
FAX (706) 262-3299
,t;?
RE: Pine Hill Water Tank
Order No.: 0110020
Dear Raymond Ball:
Analytical Environmental Servs, Inc. received 3 samples on 10/2/01 10: 15 :00 A1'v1 for the
analyses presented in the following report.
No problems were encountered during analyses. Additionally, all results for the associated
quality control samples were within EP A and/or AES established limits except where noted in
the project Case Narrative.
If you have any questions regarding these test results, please feel free to call.
:;2%tiy
Jason Holloway
Project Manager
3781 PRESIDENTIAl. PARKWAY, SUITE 111 · ATLANTA, GEOR(;IA 30340. TEl.: (770) 457-8177. FAX: (770) 457-8188
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ALTERNATIVE CONSTRUL TION &
ENVIRON~ENTAL SOLUTIONS, INC.
I ~ 50 GREENE STREET - SUfTE 510
AUGUSTA. GA 30901
70{)-}/'i} - }O()O
LEAD TN PAINT CIIATN OF CUSTODY RECORD
I CLIENT: B~/l1d Sl.~ 't~ ;>z;:-:
I PROJECTNAl'v1E: 1>/101 E II; LL u),4 r~ rAJJJ<
o tl 0 0).-0
PROJECT NUMBER:
I PROJECT LOCATION: 73't-CiL") JJ fGd . 4/,(( {J >'t74- G If,
.
DA TE SAMLED: I (J I 61 .
SAMPLED BY:
J4 r/H/! fi0 c-. }SA L L
LIST OF SAMPLES
LAB. NO. SAMPLE ID SAMPLE LOCATION GRAB/ AREA SAMPLED
'7=; /(/IUlI t,/NI Cel/J,..~- .sSt"J .s ib6" t/ifUfJ5
'T-:2 <;'",' J)c R;= rA JJ K r;;l i'lufl..;:-'T W S' IA-' S'/DC 6kltJ3
T-3 'Ier.. ~ "r/7'rIv'/( - .r=- 5;:;;- $/ Dtc: ~E6b
REMARKS:
Relinquished by: e,,1.w..uI cfUoulC(p,/;,4/RCCC;ved b)': ~ r:;
Relinquished by: Date: _ Received by:
Dnre: J..d?l61 10 IS A!I\
D:lle:
Relinquished by:
Dme:
Received by:
D:lle:
Relinquishcd by:
D:1le: _ Rcceivcd by:
Dnle:
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Analytical Environmental Servs, Inc.
Date: 04-0ct-Ol
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CLIENT:
Lab Order:
Project:
Lab ill:
Alternative Construction & Env. Solutions,
0110020
Pine Hill Water Tank
0110020-001A
Client Sample ill: T-l
Tag Number: MANWAY COVER-SSW SIDE
Collection Date: 10/1/01
Matrix: PAINT
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Analyses
Date Analyzed
Result
DF
Limit Qual Units
TOTAL METALS IN PAINT
Lead
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PAINT
9.68 0.177
wt%
18.06
Analyst: COW
10/4/01 8:39:00 AM
Qualifiers:
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BRL - Not Detected at the Reporting Limit
J - AlIalyte detected below quantitation limits
B - Analyte detected in the associated Method Blank
* - Value exceeds Maximum Contaminant Level
S - Spike Recovery outside accepted recovery limits
R - RPD outside accepted recovery limits
E - Value above quantitation range
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Analytical Environmental Servs, Inc.
Date: 04-0ct-O 1
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CLIENT:
Lab Order:
Project:
Lab ill:
Alternative Construction & Env. Solutions,
0110020
Pine Hill Water Tank
0110020-002A
Client Sample ill: T-2
Tag Number: SIDE OF TANK@OUTLETW
Collection Date: 10/1/01
Matrix: PAINT
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Analyses
Result
Limit Qual Units
DF
Date Analyzed
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TOTAL METALS IN PAINT
Lead
PAINT
0.0949 0.00926
wt%
Analyst: COW
10/4/01 8:39:00 AM
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Qualifiers:
BRL - Not Detected at the Reporting Limit
J - Analyte detected below quantitation limits
B - Analyte detected in the associated Method Blank
<< - Value exceeds Maximum Contaminant Level
S - Spike RecoveIY outside accepted recovery limits
R - RPD outside accepted recoveIY limits
E - Value above quanti tation range
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Analytical Environmental Servs, Inc.
Date: 04-0ct-OI
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CLIENT:
Lab Order:
Project:
Lab ill:
Alternative Construction & Env. Solutions,
0110020
Pine Hill Water Tank
0110020-003A
Client Sample ill: T-3
Tag Number: SIDE OF TANK-ESE SIDE
Collection Date: 10/1/0 I
Matrix: PAINT
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Analyses
Result
Limit Qual Units
DF
Date Analyzed
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TOTAL METALS IN PAINT
Lead
PAINT
8.06 0.152
wt%
15.49
Analyst: COW
10/4/01 8:39:00 AM
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Qualifiers:
BRL - Not Detected at the Reporting Limit
] - Analyte detected below quantitation limits
B - Analyte detected in the associated Method Blank
S - Spike Recovery outside accepted recovery limits
R - RPD outside accepted recovery limits
E - Value above quantitation range
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'" - Value exceeds Maximum Contaminant Level
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I Analytical Environmental Servs, Inc.
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Client Name -frc ( 5
I Work Order Number () \ t () 6)..0
Sample Receipt Checklist
Checklist completed by
(Srt~f\. Fr,'e.(
{of tJ)oI
o Ie I
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Signature
~
Carrier name
I Shipping container/cooler in good condition?
Custody seals intact on shippping container/cooler?
I Custody seals intact on sample bottles?
Chain of custody present?
Yes B-
Yes 0
Yes ~
Li
Yes S-
Yes E'J'"
Yes ~
Yes ~
Yes IT
Yes E:1
Yes IT
Yes E:J
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Chain of custody signed when relinquished and received?
Chain of custody agrees with sample labels?
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Samples in proper container/bottle?
Sample containers intact?
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Sufficient sample volume for indicated test?
All samples received within holding time?
ContainerfTemp Blank temperature in compliance?
I Water - VOA vials have zero headspace?
Water - pH acceptable upon receipt?
No VOA vials submitted 2j"
..Yes 0
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Adjusted?
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Any No and/or NA (not applicable) response must be detailed in the comments section bel
- - - - - - - -.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --
Date and Time Received
lol()~OL ;:) Lo.'trj/t-JAl
Received by 6 ff
R";~ed by 11ll
~-"'I
IO/~JL
ale
NoD Not Presen n
'-'
NoD Not Presen rJ
No~ Not Presen ~
NoD
NoD
NoD
NoeJ
NoD
NoD
NoD
NoD
Yes 0 No 0
N~ /'IIA
Checked b
---------------------------------------------
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Client contacted
Date contacted:
Regarding
\f!iT L ~ { I .,.-\eJ (7"" -H--t. coC.
ft( I~ ... 1",-,( I\.t (-ti-
It\. v.J
Person contacted
Contacted by:
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Comments: No
. Ovv\, Ov ly %;-e
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lir ckQ;;j ~I\,
Y\.-l)'r~l itrf
f"e I v;)/ (} I,
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Corrective Action
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PROJECT NOTIFICATION
FOR
ASBESTOS RENOVATION, ENCAPSULATION OR DEMOLITION PROJECT
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EPD - Asbestos Fees
P. O. Box 101173
Atlanta, Georgia 30392
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Complete and return with fee check to:
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1. TYPE OF NOTIFICATION: Courtesy Notification ( ) Original Notification ( ) Demolition (
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II. FACILITY INFORMATION:
A. Owner of Project/Facility:
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Address:
City:
State:
Zip Code:
County:
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Contact Person or Owner:
Phone Number:
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B. Removal Contractor (Agent Name):
Removal Contracting Company:
License Number:
Expiration Date:
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Company Address:
City:
State:
Zip Code:
County:
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Contact Person For Contractor:
Phone Number:
C. Other Operator: (Subcontractor, General Contractor, etc.):
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Description of Job Sub-Contracted:
Sub-Contracting Company Name:
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Asbestos License Number (if applicable):
Expiration Date:
Address:
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City:
State:
Zip Code:
County:
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Contact Person for Sub-Contractor:
Phone Number:
Ill. PROJECTrrYPE OF OPERATION:
(Please Check One)
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A. Type of Project: Demolition Renovation
Emergency Renovation**
Emergency Demolition**
Encapsulation
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**Must submit a written letter from owner or owner's representative describing the nature of the emergency and submit
letter along with project fee and notification form.
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IV. IS ASBESTOS PRESENT IN BUILDING(S)? Yes:
(Friable:
NonFriable:_
V. DESCRIPTION OF FACILITY IN WHICH ABATEMENT IS PERFORMED:
A. Building Name:
Street Address:
City: State: Georgia Zip Code:
Nearest Major IntersectionlHighway
Size and Age of Building:
Number of Floors in Building:
County:
Number of Floors Abated and Floor Numbers:
Area Abated (Sq FtlLn Ft):
Specifice Location in Building of Abatement:
Present Use of Building:
Prior Use of Building:
C. Asbestos Consultant for Project (engineer, architect, etc.)
Consultant:
Consulting Finn:
Mailing Address:
City:
State:
Zip Code:
Phone Number:
Phone Number:
Description of Job:
D. Air Sampling Professional (ASP)
Air Sampling Professional Name:
ASP Address:
City:
Contact Person:
State:
Zip Code:
Phone Number:
E. Asbestos Survey Personnel: (Surveys must be performed before demolition)
Name of Person Surveying Building for Asbestos:
Business Name:
Phone Number:
State: Zip Code:
Address:
Course Certification Name for Asbestos Survey Training:
Course Certification Number:
Certification Expiration Date:
/
2
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VI. PLEASE DESCRIBE THE PROCEDURE, IF APPLICABLE, AND THE ANALYTICAL METHOD USED TO
DETECT THE PRESENCE OF ASBESTOS MATERIAL:
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VII. APPROXIMATE AMOUNT OF ASBESTOS, INCLUDING:
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RACM to be NonFriable Category I Category II Indicate Unit
Removed Asbestos of
Material Measurement
not to be Below
Removed
1. Regulated
ACM to be
removed
2. Category I
ACM not
removed
3. Category II
ACM not
removed
Pines LNFT: LNM
Surface Area SQFT: 8QM
Vol. RACM CUFT: CUM
Off
Facility
Component
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VIII. SCHEDULED DATES AND WORK HOURS FOR ASBESTOS REMOVAL:
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Start Date:
/
*
Completion Date:
Scheduled Work Hours:
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* Project notifications must be postmarked 10 days prior to start date
IX. SCHEDULED DATES AND WORK HOURS FOR DEMOLITION:
Start Date:
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*
Completion Date:
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Scheduled Work Hours:
* Project notifications must be postmarked 10 days prior to start date
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X. DESCRIPTION OF PLANNED DEMOLITION OR RENOVATION WORK, AND METHOD(S):
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XI. DESCRIPTION OF WORK PRACTICES AND ENGINEERING CONTROLS TO BE USED TO PREVENT
EMISSIONS OF ASBESTOS AT THE DEMOLITION AND RENOVATION SITE:
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XII. WASTE TRANSPORTER #1
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Company Name:
Company Address:
City:
State:
Zip Code:
County:
Contact Person:
Phone Number:
XIII. WASTE TRANSPORTER #2
Company Name:
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Company Address:
City:
State:
Zip Code:
County:
Contact Person:
Phone Number:
XIV. WASTE DISPOSAL SITE - PERMIT #:
Landfill Name: .
Landfill Address:
City:
Contact Person:
State:
Zip Code:
Phone Number:
County:
XV. IF DEMOLITION ORDERED BY A GOVERNMENT AGENCY, PLEASE PROVIDE INFORMATION:
Agency Name:
Authority:
Date of Condemnation Order:
Date Emergency Demolition to Begin:
Agency Contact Person:
Phone Number:
XVI.
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I CERTIFY THAT AN INDIVIDUAL TRAINED IN THE PROVISIONS OF FEDERAL REGULATION
(40 CFR PART 61, SUBPART M) WILL BE ON-SITE DURING THE DEMOLITION OR RENOVATION
AND EVIDENCE THAT THE REQUIRED TRAINING HAS BEEN ACCOMPLISHED BY THIS PERSON
WILL BE AVAILABLE FOR INSPECTION DURlNG THE NORMAL BUSINESS HOURS.
SIGNATURE OF CONTRACTOR (AGENT)
DATE
XVII. FEE NOTICE:
FEE CHECK SCHEDULE:
Removal Fee:
Minimum Fee:
Maximum Fee:
Maximum Fee:
Ten cents ($0.10) per linear or square foot of friable asbestos
$25.00 (any friable asbestos project)
$50.00 (residential friable asbestos project)
$1000.00 (other friable asbestos projects)
4
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REMOVAL AMOUNT:
Total Proposed Removal Amount in (Ln Ft / Sq Ft):
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Original Fee Check Amount: $
Check Number:
Total Revised Removal in (Ln Ft / Sq Ft):
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Adjusted Fee Check Amount: $
Check Number:
Please send Fee Check and Notification to:
EPD - Asbestos Fees
P. O. Box 1011 73
Atlanta, Georgia 30392
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State Use Only:
Received By:
Date Received:
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Check Number:
Fees Paid:
Actual Fees Due: $
Batch Number:
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Deposit Number:
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s: \as bestos\forms\proj ect.99
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Georgia Department of Natural Resources
EnVlTonmental Protection Division
Underground Storage Tank Management Program
4244 International Parkway, Suite 104, Atlanta, Georgia 30354
Lonice C. Barrett, Commissioner
Harold F. Reheis, Director
(404)362-2687
NOTICE DATE:
GEORGIA UNDERGROUND STORAGE TANK (GUST) CLOSURE ACTIVITY FORM
For underground storage tanks (USTs) which will be permanently closed by removal or in-place, this form should be
comvleted and submitted to the address above at least thirtv (30) davs prior to the proposed closure. This 30-day
notification is valid for only 90 days. Any UST not closed after 90 days will require new notification.
1.
FACILITY INFORMATION
Facility Name:
Contact Person:
Address (location; P. O. Box not acceptable):
City: County:
Facility ill:
Telephone:
Zip Code:
II.
UST INFORMATION ("Contents" refer to last product contained in UST system. )
Tank ill Tank Size Contents Type of Closure (check one) Date Last Used
(gallons) Removal In-Place Piping
/ /
..~~......................... ....................................... ......................... ........................ ..................... ..................... ..........................................
/ /
...................... ....................................... ......................... ....................... ..................... ..................... ..........................................
/ /
......................... ....................................... ......................... ....................... ..................... ..................... ...........................................
/ /
...................... ....................................... ......................... ....................... ..................... ..................... .........................................
/ /
m.
UST OWNER (Complete this section even ifit is the same as Section 1.)
UST Owner Name:
Contact Person: Telephone: (
Mailing Address;
City; State; Zip Code:
IV.
CONTRACTOR (Company secured to actually close UST system.)
Company or Organization Name:
Contractor Representative Name: Telphone: )
Address:
City: State: Zip Code:
v.
UST OWNER CERTIFICATION (Must be signed by UST Owner.)
As UST owner, I certify that the information concerning permanent closure of the UST system referenced on this
form is true to the best of my belief and knowledge; and that the requirements of Subpart G of Title 40 CFR Part
280 and the Georgia Environmental Protection Division Closure Guidance (GUST-9, as revised) will be met.
(Not valid without owner signature.)
Name (print):
Organization Name:
UST Owner Signature:
Title:
Telephone:
Date:
)
GUST-29
* * *UST Compliance - a Key to a Cleaner Environment * * *
7/99R
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
"3 MG - ELEVATED WATER TANK - BROWN ROAD
DEMOLITION PHASE"
BOND ITEM NO. 10425
prepared for
AUGUSTA-RICHMOND COUNTY COMMISSION
Augusta, Georgia
prepared by
JOHNSON, LASCHOBER & AsSOCIATES, P.C.
+ ENGINEERS + DESIGNERS + CONSULTANTS +
1296 Broad Street, Augusta, GA 30901
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MAY 2002
JLA JOB No. 42.0005
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3 MG - Elevated Water Tank - Brown Road
Demolition Phase
Bond Item No. 10425
Index to Specifications
Title
Invitation To Bid
Instruction To Bidders
Bid Form
Bid Bond
Agreement
General Conditions
Supplementary General Conditions
Notice of Award
Notice to Proceed
Performance Bond
Payment Bond
Application for Payment
Change Order
Certificate of Substantial Completion
Division 1
GENERAL REQUIREMENTS
01010
01200
01400
01700
Summary of Work
Project Meetings
Environmental Quality Control
Project Closeout
Division 2
SITEWORK
02060
02065
Ground Storage and Elevated Storage Tank Removal
Lead-Based Paint Abatement
1
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INVITATION TO BID
SEALED BIDS will be received at this office until for the demolition and
removal ofa 300,000 gallon ground storage tank, a 150,000 gallon elevated storage tank, pump house, and
underground fuel storage tank and appurtenances for:
"3 MG - Elevated Water Tank - Brown Road, Demolition Phase, Bond Item No. 10425" for Utilities
Department
Bids will be received by Augusta-Richmond County Commission hereinafter referred to as the OWNER at the
offices of:
Geri A. Sams
The City of Augusta Purchasing Department
530 Greene Street - Room 605
Augusta, GA 30911
At the time and place noted above the proposals will be publicly opened and read.
Bidding documents may be obtained at the office of The City of Augusta Purchasing Department, 530 Greene
Street - Room 605, Augusta, GA 30911. Copies maybe obtained upon payment of $25.00 per set (non
refundable). Documents may be examined during regular business hours at the offices of City of Augusta
Purchasing Department, Johnson Laschober and Associates, 1296 Broad Street, P.O. Box 2103, Augusta, GA,
and the Augusta Dodge Plan Room.
It is the wish of the Owner that minority businesses are given the opportunity to bid on the various parts of the
work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase
the cost of the work. The Owner supports a healthy free market system that seeks to include responsible
businesses and provide ample opportunity for business growth and development.
No bid may be withdrawn for a period of 60 days after time has been called on the date of opening. Bids must
be accompanied by a bid bond and in an amount not less than 10% of the base bid. Both a performance bond
and a payment bond will be required in an amount equal to 100% of the contract price.
The Owner reserves the right to reject any or all bids and to waive technicalities and informalities. Please mark
Bid Item # and Project Name on the outside of the envelope.
Any objections to the specifications as set forth should be filed in writing prior to bid opening.
GERI A. SAMS, Purchasing Director
cc:
Max Hicks
- City of Augusta Utilities Department
K:1420005\Admin\SpecsIDemoPhaseIGround and Elevated TankUNV.BID.DOC
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SECTION IB
INSTRUCTION TO BIDDERS
IB-01
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
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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 prebid documents will be made to any
bidder orally.
Every request for such interpretation should be in
writing addressed to the ENGINEER, and to be given
consideration must be received at least five 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 certified mail with return receipt
requested to all prospective bidders (at the respective
addresses furnished for such purposes), not later than three
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.
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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.
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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
REJECTION 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-3
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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 and/or 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.
IB-S
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BID FOR.J.V1 (Revised)
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PROJECT IDENTIFICATION: 3 MG - Elevated Water Tank -Brown Road, Demolition Phase, Bond Item
No. 10425
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CONTRACT IDENTIFICATION Al~l) NUMBER: Bid Item #
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TIllS BID IS SUBlYIITTED TO:
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Augusta-Richmond County Commission
Augusta-Richmond County Purchasing Department
530 Greene Street - Room 605
Augusta, GA 30911
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1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER
in the form included in the Bidding Documents to perform all \'lork as specified or indicated in the Bidding Documents
for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the
Bidding Documents.
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2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to
Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to
acceptance for 60 days after th~ Bid opening, or for such longer period of time that Bidder may agree to in writing upon
request of OWNER
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3.01In submitting this Bid, Bidder represents, as set forth in the Agreement, that:
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A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the
Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.
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Addendum No.
1
Addendum Date .
7/19/02
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B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site
conditions that may affect cost, progress, and performance of the Work.
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C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may
affect cost,. progress and performance of the Work.
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D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or
contiguous to the Site' and all drawings of physical conditions in: or relating to existing surface or
subsurface structures at or contiguous to the Site (except Underground Facilities) which have been
identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and
- (2) reports and drawings of a Hazardous Environmental Condition, if any. which has been identified in
the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.
E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or
supplementary examinations, investigations, explorations, tests, studies and data concerning conditions
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(surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Bidder, including applying the specific
means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding
Documents to be employed by Bidder, and safety precautions and programs incident thereto.
F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data
are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within
the times and in accordance with the other terms and conditions of the Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by O\Th"ER and others at the Site that
relates to the Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations obtained from visits
to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Bidding Documents.
1. Bidder has given ENGmEER written notice of all conflicts, errors, ambigt+ities, or discrepancies that
Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGillEER is
acceptabLe to Bidder.
J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for the performance of the Work for which this Bid is submitted.
4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any
undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group,
association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other
Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain
from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder
or over OWNER.
5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):
BASE BID$ Fifty Six Thousand Five Hundred Seven --95/100
Words
s56,507.95
Base Bid Includes:
1) $5000.00 (Five Thousand Dollars) allowance for paying Owner Selected Testing Agency as
required by Supplementary General Conditions.
UNIT PRlCES:
The Base Bid assumes that: 1) Water from lead-based paint from lead abatement activities-stripping waste, waste
water, and cleaning rags, mop heads, filters, etc., and 2) Tank components with lead-based paint coatings, may be
disposed of as non-hazardous solid waste in any approved landfill IF TCLP test results taken by the Testing Agency;
selected by the Owner, classify these materials as hazardous waste, the materials shall be disposed of as a hazardous
waste on a unit price basis.
For the purpose of adjusting the Base Bid, the Bidder shall provide unit prices for disposal of hazardous waste and
agrees to perform the extra work at the fonowing unit prices, including overl1ead and profit, provided such unit prices
are accepted by the Owner and incorporated in the agreement Payment will be based on actual quantities as
demonstrated by hazardous landfill dump receipts.
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ITEM
DISPOSAL
(paint Strippings, per 55 gal.
Drum, mcl. transportation.)
QUANITY
UNIT PRICE
$ 385.00
TOTAL PRICE
$ 3, 850. 00
10
DISPOSAL
(Liguid, per 55 gal. Drum,
Incl. transportation.)
$ 425.00
10
$ 4,250.00
WASTE PROFILE FEE
(One-time charge)
$ 2,000.00
$ 2, 000. 00
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SOIL REMOVAL & DISPOSAL 250
(Includes excavation & transportation,
and replace with select backfill
Price per cubic yard)
$ 84.00
21,000.00
$
ADDmON.Al LIQUID & SLUDGE
DISPOSAL (Above 1,000
Gallons) 1
2.05
$ 2.05
? )/1)1-,0)'
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87,610.00
$
TOTAL BID$
Eighty Seven Thousand Six Hundred Ten ----00/100 $
W orcls
Total Bid Includes: Base Bid and Total Price of unit prices.
6.01Bidder agrees that the Work will be substantially completed and completed and ready for final payment in
accordance with paragraph l4.07.B of the General Conditions on or before the dates or within the number of
calendar days indicated in the Agreement
6.02Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete
the Wark within ~e tlJ:nes specified aboye, :v?ic?shaIl be sta~d in the A~~t
7.01 The following documents are attached to and made a condition of this Bid.:
A. Required Bid security in the form of Certified Bid Bond;
B. Financial experience and equipment 5ta,tement per section IB-06 of Instructions to Bidders.
SUBMITTED on 25th July .W~.002
State Contractor License No. NI A ,
. (If applicable)
If Bidder is:
An Individual
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Name (typed or printed):
By:
(SEAL)
Doing business as:
Business address:
(Individual's signature)
Phone No.:
F.A.X No.:
A Partnership
Partnership Name:
(SEAL)
By:
(Signature oj general partner - attach evidence oj authority to sign)
Name (typed or printed):
Business' address:
Phone No.:
FAX No.:
A Corporation
Corporation Name'
State of Incorpo on:
Type (General
(SEAL)
By:
Name (typed or printed):
David M. Mazur
(CORPORA1E SEF-.L)-
78 awyer Avenue
New York 14150
447 9896-'
FAX No.: (71b) 44/-UZU~
10-5-00
Date of Qualification to do business is'
A Joint Venture .
Joint Venturer Name:
(SEAL)
By:
(Signature aJjoint venture parmer - attach evidence oj authority to sign)
Name (typed or printed):
Title:
.:.......";-;.:"
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Business address:
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Phone No.: FAX No.:
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Joint Venturer Name: (SEAL)
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By:
(Signature - attach evidence of authority to sign)
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Name (typed or printed):
Title:
Business address:
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Phone ~o.:
FAX No.:
Phone and FAX Number, and Address for receipt of official communications:
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(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is
a party to the joint venture should be in the manner indicated above.)
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year)
Empire Dismantlement Corp
CORPORATE RESOLUTION
Jacquelynn Brown Empire Dismantlement Corp_
I .Secretary of
a Corporation duly organized and operating under the laws of
New York
DO
HEREBY CERTIFY that the following is a true, correct and accurate copy of a
Resolution duly adopted al a meeting of the Board of Directors of such
Corporation. duly convened and held on January 3. 2002
. at which
meeting
a duly constituted quorum of the Board of DirectOrs was presem alia voted in favor of such
Resolution. I further CERTIFY that such Resolution has not been moctifi.ed., rescinded or
revoked since the date on which it was enacted., and it is at present in full force and effect:
RESOLVED: That the following Officers of this Corporation. or anyone them:
David M. Mazur. President
is empowered to execute and deliver in the name and on behalf of this Corporation
contracts, bids and other documents and are further authorized to affix the Corporate Seal
to such documents and to bind the Corporation to such contracts, bids and other documents.
IN WITNESS WHEREFORE, the undersigned has affixed his signature and
the Corporate Seal of the Corporation. this 25Th day of July .2002
(Oy) (month and
(Affix Corporate Seal Below)
cquelynn A. Brown
(T
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EMPIRE DISMANTLEMENT CORP.
7/30/02
The City of Augusta Purchasing Dept
530 Greere Street
Room 60:
Augusta, GA 30911
ATIEN1ION: GERI A. SAMS
Purchasing Director
Re: "3 MG - Elevated Water Tank-Brown Road, Demolition Phase, Bond Item No.
10425"
Dear Ms. Sams:
Please accept the following Modification to our Bid.
Increase (Ill! base bid by $32.000.00. which in turn will also increase our total bid by the
same amc unt
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~,~z' IS .,"&..... 'C~...;".,~
~il.~r
Attest:
Jar
78 S'UJJYer Avenue, TonCUDa.nd4, New York 14150 Plum.e: 716-447.9896 Fa:&: 716-447-0209
E.l1UJil address. ~J1ir~8r.com
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z:.ml'" .I. t'(r. v l.:1~l:\;" l w:.JlC".l. \...')1\
~VV_
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PENAL SUM FORM
BID BOl\'1>
BIDDER (Na::ne ~ess):
~ire tlEIIEnt Carp.
7~ Rmi
'] , NY 14150
7 Ira - 441- ~f'f'
SURE~e and Address of~cjpal Place of Business):
. ~ G.Erantv Ins..rran:e C<:np3ny
57r!E' ters Parkway
I'Ewitt, NY 13214
OWNER (Na::nc and Address):
~!r ~~~f~~'lt, 53) GreerE Street, I<<x:m ffd5
~ta-, GA 3:Ell
BID
BID DUE DATE: July::O, 2fJJ2
.FROJEer (EiriefDescription Including Location);
Bid ltan fu. 02-146, :M; ElevatErl W:lter' Tank Br:'c:Mn Rarl
TFtm 1 i ti m 1=h:1c;p PiTiI N1. 10+25
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BOND NUMBER:
DATE (Nothter1b.aD Bid due date): July 30. 2fJJ2 .
PENAL SUM: Ten p:!rCB1t of tl:e cm:unt of tl:e att:ach:d. bid
(Words)
10%
(Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subje:;t to the terms printed on
the rev~e side hereof, do each cause this Bid Bond to be duly executed on its behalf by its aufuoriz;ed officer,
agent, or rcprc:1ea.tative.
stJlUrrY
Note; (1)
(2)
Above addresses are to be used for giving n;~ notice.
ArJ.y singular :reference to Bidder, Surety, OWNER or other party sball be COIlSidered plural wher~
appIicable.. \
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EJCDC NO. 191O-28-C (1996 Edition)
00410-1
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I Notary Public
JOYCE M. MOORE
i:~*fctn~a:'-ce
ACKNOWLEDGEMENT OF PRINCIPAL
STATE OF NEW YORK
COUNTY OF ERIE
On the 30TH day of JULY, in the year 2002 before me personally came
DAVID M. MAZUR to me known, who, being by me duly sworn, did depose and say the
he/she/they reside(s) in GRAND ISLAND, NY that he/she/they (is) (are) the PRESIDENT
of the EMPIRE DISMANTLE1\'IENT CORP. the corporation described in and which
executed the above instrument; that he/she/they know(s) the seal of said corporation; that the
seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the
board of directors of said corporation; and that he/she/they signed his/her/their name(s)
thereto by like authority.
~f-i. f-I~
Notary Public
JOYCE M. MOORE
Nota~ Public, State of New York
Qualified in Erie County
Commission Expires: \ 1-0-1 .-c::,d-
ACKNOWLEDGEMENT OF SURETY
STATE OF NEW YORK
COUNTY OF ERIE
On this 30TH day of JULY , in the year 2002. before me personally came
BRADLEY J. HALL to me known, who, being by me duly sworn, did depose and say that
he/she/theyresides in ERIE COUNTY, NY; that he/she/they (is) (are) the Attorney-In-Fact
duly appointed of the FIDELITY AND GUARANTY INSURANCE COMPANY the
corporation described in and which executed the above instrument; that he/she/they know(s)
the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that
it was so affixed by authority of the board of directors of said corporatio~ and that
he/she/they signed hisJber/their name(s) thereto by like authority.
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TheStRtul
POWER OF ATTORNEY
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Scaboard Surety Company
St. Pau! Fit.c and :'-brinc Insurance Company
St. Paul Guardian Insurance Compan)'
St. Paul Mercury Insurance Company
United States Fidelit)' and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
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Power of Attorney No.
22772
Certificate No. 1319 6 41
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KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized unde: the laws of the State of New York. and that
St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. P~ul Mercury Insurance CORlpany are corporations duly organized under
the laws of the State of Minnesota. and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do
hereby make. constinlte and appoint
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Ralph 1. Vanner, Bradley J. Hall, Joyce M. Moore and James L. Derner
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Amherst
New York
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of the City of . State , their true and lawful Attomey(s"J-in-Fact.
each in their separate capacity if more than one is named above. to sign its name as surety to, and to execute, seal and acknowledge any and all bonds. undertakings.
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaraI'lteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guarallleemg bonds and undertakings required or permitted in any actions or proceedings allowed by law.
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IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and sealed this
5th
day of
October
2001
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Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
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United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
@ ~ :~'!::::::t,
--rLe.rI~
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State of Maryland
City of Baltimore
THOMAS E. HUIBREGTSE. Assistant Secretary
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On this 5th day of October 2001. before me, the undersigned officer. personally appeared John F. Phinney and
Thomas E. Huibregtse. who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul"Mercury Insurance Company, United States Fidelity and Guaranty Company. Fidelity and
Guaranty Insurance Company. and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
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My Commission expires the 13th day of July, 2002.
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In Witness Whereof, I hereunto set my hand and official seal.
" REBECCA EASLEY-ONOKALA, Notary Public
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86203 Rev. 7-2000 Printed in U.S.A.
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Financial Statement - December 31~ 2001
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Fidelity and Guaranty Insurance Company
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-A.s.se-t~-...-
qn._. ... _q____q__ .. qh -----,L.ia.bilities....$ur:plus-&Ot.l1.er. Fupds
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Bonds
Cash on HandlDeposlt
Short Tt:nn Investments
Accrued Int=rest &. Dlvid::nds
.$13.647:651
157
260,579
174,895
Otha- EJ.."'Pe.nses
Payable to Affiliates
,$ (99.508)
54.787
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TOTAL LIABn.ITIES
(44,721)
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Capital Paid Up
Surplus
5,000,000
9,128.004
SmplU5 as Regards Policyholders
'14.128,004
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lUlALA~~f..l:S
~1~.08"';..2.8.l
TOTAL LlABlLlTIES &: SURPWS Sl4.08~?_~
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Securities carried a.t 55.734,512 in the foregoing statc:ment. are depo~ted as required by law.
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5TAl'EOF MINNESOTA
5S
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COUNTY OF RAMSEY
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Sheila M.. BCllwn. Ass~bnt Vice Ptc:sidenr - Financ.ial Reporting. of the Fidclity :nul Guaumty Insu~ce Company. being chly
SWOn!, deposes ilnd sayi that she is the ",bove deScrib<:d officer of s~id company; that s.aid COTI1pilIlY is a corporation duly orgar.iz.ed,
o.istil; :md e~agiDg in bus:ocss as a surety company under and by virtue of the la."ys of the State: of IoWil. and has duly corq:h:::d
"With. all ~quire:lllents of the laws of said state ap?licable to said compa.oy 20d is duly qu.sIifu:d to ac! as surety un.d::r such b,,--s; that
the above is a true sc.temecr of Ihe assets 3t\d li<tbilitie:s of said COnlp.1.OY of the 31st day of Dcct:mba. 200 1.
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Subscribed a.nd swom to b~[on: me this 15th day of March. 2002.
~ '??:7~
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.,.......-.La "ft- B Vi . F' . Rcp .
.;u..u:;l !v..... rO";'."Il. Assistant lCe: PIcsidcut - mao.clal ortlng
~-
:'. or.
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M M. .DUBOIS
~T.lRY P\JElUC - UlNNESOTA
on' CCMMLSSIC>>f
E"/,PtR~SJAH. 3~, 2!lOS
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G:\fc:dlr\slat\depteomm\pauI\120 1 FGI C.doe:
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AGREEMENT
THIS AGREEMENT, made on the 'J1fh day of NO\} e.rf\bel2...
20~, by and between AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-
RICHMOND COUNTY COMMISSIO~, party of the first part, hereinafter
called' the OWNER, and Gmf1JI2eJ t\15rtl(ln-J.'etne,,J. Cb,p. , 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:
"3MG - Elevated Water Tank - Brown Road, Demolition Phase, Bond
Item 10425"
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 - 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 or the Contractor to proceed. All work shall be
completed within 90calendar 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.
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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 one
thousand ($l,OOO)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 of each
and every portion of this Contract and the specifications wherein a
definite portion and certain length of time is fixed for the
additional time is allowed for the completion of any work, the new
time limit fixed by extension shall be the essence of this
contract.
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 BID FORM 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 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 and/or the
Engineer. 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 under
the Contract.
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ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(A) Upon receipt of written notice that the work is
ready for final inspection acceptance, the Engineer shall within 10
days made 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 Engineer 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 Engineer, 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.
IN
Agreement in
an original,
WITNESS WHEREOF, the parties hereto have executed this
three (3) counterparts, each of which shall be deemed
in the year and day first~ m 'oned above.
AUGU T 0 A
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( SEAL)
ATTEST:
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CONTRACTOR: trnp';"e, ~1&l1)n r){/lemnJ..Ccip.
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(SEAL)
By:
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As 1 t s reSA e,(\o
Address :j~ Snll{je.p~ A\JeNtJ..L
lDr\awO--ndtL: tJ~w ynfz)L iLl/50
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September 19. 2000,
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 of clarifications of the Contract Documents which have been duly issued by
COUNTY 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.
Application for 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 3.4 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 of Unit Price Work).
Contract Time-The number of days (computed as provided in paragraph 17.2) 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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September 19, 2000
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 "substantiai(y 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 Oocl..!ments.
Work Directive Change-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 Directive
Change 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 Directive Change 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 normally dealing with the non-engineering
or nontechnical rather than strictly Work-related aspects of the Contract Documents.
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September 19, 2000
ARTICLE 2-PRELlMINARY 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 of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1)
complete set of the Contract Documents for execution of the 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 performed 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, effort, 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 PROJECT MANAGER 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 confirmed in writing by CONTRACTOR at
the time of submission.
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September 19, 2000
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 policy (and other evidence of insurance which COUNTY 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, Project
Manager, 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, 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 Project Manager 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
progr'ess payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to
Project Manager and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable
to Project Manager 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 finalized 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 form 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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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.
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3.2. It is the intent of the Contract Documents to describe a functionally complete Project (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.
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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 application 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.
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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 in 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 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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3.6.3. a Work Directive Change (pursuant to paragraph 10.4).
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 following ways:
3.7.1. a Field Order (pursuant to paragraph 9.5).
3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and
6.26), or
3.7.3. PROFESSIONAL's written interpretation or certification (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 oil 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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September 19, 2000
ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
A vailability of Lands:
4.1. OWNER shall furnish as indicated in the Contract Documents, the lands upon which the Work is
to be performed, rights-of-way and easements for access thereto, and such other lands which are designated
for the use of CONTRACTOR. 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.
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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 COUNTY 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 Project Manager 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 Project Manager and PROFESSIONAL shall recommend an
equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and
PROFESSIONAL determines 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 that no change in the
terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in
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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 information and data
furnished to OWNER or PROFESSIONAL by OWNERs 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 information and data. for locating all Underground
Facilities shown or indicated in the Contract Documents. for coordination of the Work with the OWNERs 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 performing 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 OWN ER
and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine he
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 could 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 layiDfl 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 COUNTY shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or
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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 property exposed thereto in connection with the Work at the site.
COUNTY shall not be responsible for any such materials brought to the site by CONTRACTOR,
Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible.
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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, if any, 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 Work is agreed by CONTRACTOR
to be resumed, either party may make a claim therefor as provided in Articles 11 and 12.
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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 COUNTY 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. COUNTY may have such deleted portion of the Work performed by COUNTY's own
forces or others in accordance with Article 8.
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.
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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 forms prescribed by Law or Reputation 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, U.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 and 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. If the surety on any Bond furnished by CONTRACTOR is declared a 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 acceptable 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 performed
or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of
them to perform 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
CONTRACTOR's employees;
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September 19, 2000
5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other
than CONTRACTOR's employees;
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 coverages and be written for not less
than the limits of liability and coverages provided in the Supplementary Conditions, or required by law,
whichever is greater. The comprehensive general liability insurance shall include completed operations
insurance. All of the policies of insurance so required to be purchased and maintained lot 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 final payment and one veal 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
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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). If not covered under the "all risk"
insurance 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 of the 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 additional insureds, and if the insurers require separate waiver forms to be signed by
PROFESSIONAL or PROFESSIONAL's consultant OWNER will obtain the same, arid if such waiver forms are
required of any Subcontractor, CONTRACTOR will ~btain the same.
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September 19, 2000
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 OWNER and made payable to OWNER as trustee for the insureds, as their interests may
appear, subject to the requirements 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.
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5.13. OWN ER 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 willing 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 finds 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 neces-
sitated 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 COUNTY, 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
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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 or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone
directly or indirectly employed by and 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 negl~gence or other fault of a party indemnified hereunder.
5.16.2. In any and all claims against COUNTY 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 harmless COUNTY and anyone directly or indirectly
employed by it from and against all claims, suits, demands, damages, losses expenses (including attorney's
fees) arising out of any infringement or 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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September 19, 2000
ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
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 whiten 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 Saturday, 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 m
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 to PROFESSIONAL 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.
Substitutes or "Or-Equal" Items:
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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 permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if
sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL 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 PROFESSIONAL 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 arid 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 of any 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 va~iations 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 Gen-
eral 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. CONTRACTOR 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.
6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or
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other persons or organizations including those who are to furnish the principal items of materials and
equipment} to be submitted to OWNER in advance of the specified date 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 falling 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 ,n 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.
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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 payor to 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.
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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 of the 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 of losses 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. CONTRAcrOR 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 of patent rights or copyrights incident to the use in the performance or 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. CONTRAcrOR 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, if any 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
furnishing 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 Regulatio~s.
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 appropria.te 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 by
CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable
during the performance 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 site 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 unreasonably 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 c1aims,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 contaminates 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.
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 pan of the Work or adjacent property to
stresses or pressures that will endanger them.
Record Documents:
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6.19. Contractor shall keep atthe 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 aU
changes made during the construction process, These sh.all be available to PROFESSIONAL and the Project
Manager and shall be submitted with the Application for Final Payment.
Sarety 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 of loss 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 joss 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, roadways, 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 of their 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 perform or furnish any 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),
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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 Directive Change 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 personal
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. CONTRACfOR will make any corrections required by
PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACfOR's stamp
of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and County 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 County staff.
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.
6,25.1. 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
21
Sepeember 19, 2000
with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents.
6,25.2. 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.
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6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and
samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of
the Project and for compliance with the information 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.
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6.27. 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 Project
Managery staff. 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.
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6.28, 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 submission and the Project
Manager 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.
6.29, 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 Worle
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 wilting.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and
other debris or contaminates 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.
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Indemnification:
6.32. To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and
hold harmless OWNER 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 PROFESSIONAls, architects, attorneys and other PROFESSIONAls and 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 pan 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 bya 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 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
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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 ailed 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 thereof will 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.
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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
pans 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 or' CONTRACTOR in said direct
contracts between OWNER and such utility owners and other contractors.
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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 contractors 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 RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, COUNIY shall issue all
communications to CONTRACTOR through the Project 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 appoint-
ment 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 subsurface
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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September 19, 2000
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ARTICLE 9---PROFESSIONAL'S STATUS DURING
CONSTRUCTION
Owners 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
of the Work and will endeavor to guard OWNER against defects and deAciencies in the Work.
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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.
C/ariffcations 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 Pricer 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 bc 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
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make a claim therefor as provided in Article 11 or 12.
Rejecting Defective Work:
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
determinations on such matters before rendering a whiten decision thereon (by recommendation of an
Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final 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 whiten notice of
intention to appeal from such a decision.
Decisions on Disputes:
9.11. PROFESSIONAL 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 m the
Contract Price or Contract Time will be referred initially to PROFESSIONAL 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 decisiQn 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
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Sepcember 19, 2000
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 ~ Responsibilities,'
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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,
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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.
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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 10--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 Project Manager 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 Project Manager 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 7. The effect of 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.
10.4. In the absence of an agreement as provided in 11.1.3, OWNER may, at its sole discretion issue
a Work Directive Change to CONTRACTOR. Pricing of the Work Directive Change will be in accordance with
Section 12.1.3. The Work Directive Change will specify a price, and if applicable a time extension, determined
to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Directive Change, 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 Construction 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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Sept:ember 19, 2000
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ARTICLE ll-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject 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 PROFESSIONAL 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 of the 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 accor-
dance 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.
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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) COt\ITRACTOR 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 defined
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 defined 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
30
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\ NOTIFY UTlUllES DEPARTMENT
\ 1 WEEK PRIOR TO DEMOUllON.
\ \ \ UTlUTlES DEPARTMENT WILL CLOSE I
\ \ tD ~\ \ VALVES AND DISCONNECT POWER,
, \ ';rj \\ ,\ ~ I
' \ 0 \\\\l ~ \ - N/F PERRY - REMOVE EXIST, 150,000 GAL. N/F PERRY'-I
\ \ ~ '"1 w (R.R. laJ, PO. 1217) ELEV. STORAGE TANK AND
\ ~ \\~ ~ '\ FOUNDATION, (R.R. ~ PO. 207)
, Z \\1 ' PLUG (BY UllUTY DEPT,) (REMOVE CONCRETE PEDESTALS TO OVERFLOW=S14.19 NOT IN CONTRACT
,\ ~ \ 12" BELOW EXISTING GRADE). PLUG . _ _ _ _ ~
\ \ \\ . 31....O,u ____ _ N 32'30:..90. E __ OlMIlK~7 -AL .. ____ ~6' _ .. ~. Ii ~R~E TA:.c._~~OWNED BY COMCAST)
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\ \ \, \ \ _a' V 17:i@'jW '-~ - :/-~:/-,/.. / \ STORAGE I .:::& '" \ ~-~'to.:l
' \ \/ \ \ 9'\ ,- .01~~ ,\PROPANETANK ABAN, DON /~*~* \. TANK / I _
, \ \ \ \ g\\ ,.... ~;-JO~~ %);LP PIPE,(D'P.-}--/ \LPLU>fKG *~~~.~_/ /_ ()).
\ \ \ \ \,. ot) //--" ,', J\"_.~ ./ REMOVE EXISTING
\ \ (j) \ \ ,\, . r ~ 1 ~ _------/:~:...:. - - - - - - -. \ UNDERGROUND FUEL
" \ \ 0 '\ "t,,'\ f:;;<'~-<-~-~" L-___~====-- --CHAIN UNK FENCE.? PROJECT LIMITS ..'~~-';-:-: .-':~ . I (GASOUNE) STORAGE
'" ~- ____ ___=-_______, . _~ ~~ (500-1.000 GAL)
REMOVE EXISTING 300.000 GAL.
GROUND STORAGE TANK & FOUNDATION.
(FOUNDATION - 3'loEEP X 24" 'MDE CONCRm RING,
NOlE: . " )
NO CORNER F'D.. TaEPHONE CO. 6 GRAVEL BED, 6 ~ SAND BED .
0) HAS CONSTRUCllON NEAR PROP. I
\ \. \ \ '-I': CORNER N/F UGH1FOOT - BOARD OF COMMISSIONERS
, \ \ \ \ 'iD. '0 <..I (RR. 2lllI, PG. 2115) BOUNDJRy MID TOPOGRJPHlC JIAP I AUGUSTA-RICHMOND COUNTY. GA.
, \ \ \ \ \8a 5~ /3 MG-ELEVATED WATER TANK-BROWN RD.
\ \ \ \ \ \fT\ ~ 01. FOR: :\ DEMOll1l0N PHASE - BOND ITEM NO. 10425
, \ \ \ \ ~ i d JOHNSON, LASCHOBER & ASSOCIATES : j ~
'\ \ \ g\ \ \~ i: ;;;M;~Dl~O~N;.~~RGIA iTOPOGRAPHIC SURVEY AND ~
\ \ ; \ \ W~ 0'" ~ I" _ 4(f II DEMOLITION PLAN ~
, \ \ ~ \ \ \J" ~~ DAlE: 7-11-2001 Ii -:;
, \ \ ~ 1 \ ~~ ~IOHNSON, LASCHOBER & ASSOCIATES, P.C. u
\ \ \ V\ \, ~ 1',1,296 BROAD STREET AUGUSTA, GEORGIA ~
CEORGE L CODJaN It JSSOCJATES g
, \ \ \ \ ~I __lNG_ .877 ENGINEERS _ SC:ALE DATE PROJECT NO. DRAWlNG NO. REV. ~
, \ \ \ \ ,~'IZ'Q.U'.Ill. =:"~_I.NG_'" DESIGNERS- I
-~- _<->73B-G1. - CONSUlTANlS- 11"=40' 05/02 42.0005 CO.l c;;:-
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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 Workas 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 final 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 based upon an analysis of the scope of CONTRACTOR's failure to
construct to plan or authorized dimensions.
Cost oTthe Work:
11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance 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 performance 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 transportation 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 snail 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 performed 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 determine, with the advice of
PROFESSIONAL, which bids will be accepted, If a 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 PROFESSIONAL's architects, testing
laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work.
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11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC-
TOR'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 performance 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 pans 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 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.
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11.4.5.4, Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
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11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or any-
one 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.
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11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise,
to the Work or otherwise sustained by CONTRACTOR in connection with the performance 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.
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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 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
partnership and sole proprietorships), general managers, PROFESSIONAls, architects, estimators, attorneys,
auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other
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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 l1.4.4--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 charge~ against CONTRACTOR for delinquent payments.
11.5.4. 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 11.4.5.9 above).
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 or' 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:
11.3:
11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and
11.6.2.4. 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 plus a deduction in CONTRAC-
TOR's Fee by an amount equal to ten percent of the net decrease: and
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September 19, 2000
11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON-
TRACTOR'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.
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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 next 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.
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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 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 final 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 of the 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.
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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 of Work 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 partes are unable to agree as to the amount
of any such increase.
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ARTICLE 12--CHANGE OF CONTRACT TIME
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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 Project Manager within
seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data
will be submitted to PROFESSIONAL and Project Manager within fifteen (15) calendar days after such
occurrence unless the Project Manager 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.
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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 Wode
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 firm(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 shall 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
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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.
13.7. Neither observations byPROFESSIONAL or Project Manager nor inspections, tests, or approvals
by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in
accordance with the requirements of the Contract Documents.
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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, expo-
sure, 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, 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 cause 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 01' DeTective 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,
or remove 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, all 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
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or damaged by the correction, removal, or replacement of the defective Work.
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One Year Correction Period:
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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 of time 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.
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Acceptance oT DeTective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER
(and, prior to PROFESSIONAL's recommendation of final payment, also 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
PROFESSIONAls, architects, attorneys and other PROFESSIONALs). If any such acceptance occurs prior to
PROFESSIONAL's recommendation of final 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, if the panics 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 and to correct defective Work or to remove and replace rejected Work as required by
PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in
accordance with the Contract Documents, or if CONTRACTOR falls 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 CON-
TRACTOR'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 con-
sequential 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
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Sepcember 19, 2000
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 PROFESSIONAls, 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 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 PROFESSIONAls shall be
identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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September 19, 2000
ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule oT 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.
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Application Tor 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 retainage with respect to progress payments
will be as stipulated in the Agreement.
CONTRACTORs Warranty oT 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 oT Applications Tor Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt 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
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whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the
Contract Documents, to a final 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 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 affinal 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 set-off
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 con-
sider the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons
therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and
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September 19, 4:000
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 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 wilting and so inform PROFESSIONAL
prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's afore-
said recommendation will be binding on OWNER and CONTRACTOR until final payment.
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14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWN ER 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 performance 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 permit OWNER to use any
such part of the 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. CONTRACTOR at any time may notify, OWNER and PROFESSIONAL in writing that
CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and
request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a
reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspec-
tion 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 o(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.
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
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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
will prepare a list of the items remaining to be completed or corrected thereon before final payment. If
CONTRACTOR do~s not object in writing to OWNER and PROFESSIONAL that such part of the Work is not
ready for separate operation by OWNER, PROFESSIONAL will finalize 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 final 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 of the 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 retainage subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed 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.
Final Application for Payment:
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, guarantees, 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 final 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 of
liens and as approved by County, 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 final payment will be accepted by OWNER until approved as-built
documents by CONTRACTOR are accepted and approved by PROFESSIONAL.
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September ~9, )000
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 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. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any
damages sustained including lost profits resulting from CONTRACTOR's failure or refusal to perform 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 final 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, final 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 corrected is less than the retainage stipulated in the Contract, and
if bonds 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.
CONTRACTORs Continuing Obligation,'
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. Neither recommendation of any progress or final 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
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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 of Work 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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September 19, :2000
Waiver or 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 terms 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 lS--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 thereof for a
period of not more than ninety days by notice in wilting 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;
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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September 19, 2000
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OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to
the extent permitted by Laws and Regulations, terminate the services of CONTRACfOR, exclude
CONTRACTOR from the site and take possession of the Work and of all CONTRACfOR'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 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 of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and arbitration
costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACfOR
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.
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Termination for Convenience
15.4. 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):
15.4.1. 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;
15.4.2. For expenses sustained prior to the effective date of termination 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 of loss 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.
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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 days after it is submitted, or OWNER has failed
for thirty-one calendar days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may
upon seven day's written notice to OWNER and PROFESSIONAL stop the Work until payment of all such
amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to
preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or
Contract Times 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.
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September 19, 2000
ARTICLE 16--DISPUTE RESOLUTION
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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 contractshall 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.
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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 w.aives any right to contest
same.
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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 firm
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 or 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 othervvise 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 final 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 of
five (5) years from the date of final completion or termin~tion 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.
53
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Sepr:ember 19, ]000
lIIIII
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.
-
-
-
-
-
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.
iiiiii
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 DELETED
PROGRAM MANAGER:
17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Augusta, GA 30909.
The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite
representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any
way responsible for those duties that belong to OWNER and / or the CONTRACTOR or other entities, and do
not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including,
but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the construction Contract
Documents and any health and safety precautions required by such construction work.
PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any conti-ol over any
construction contractor or other entity or their employees in connection with their work or any health or
safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or
safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM
MANAGER's own personnel.
The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to
OWNER a greater degree of confidence that the completed construction work will conform generally to the
construction documents and that the integrity of the design concept as reflected in the construction
documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER
neither guarantees the performance of the construction contractor(s) nor assumes responsibility for
construction contractor's failure to perform work in accordance with the,construction documents.
For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the
construction work, and construction contractors include manufacturers of materials incorporated into the
construction work
54
i'
I'
ACORD~
CERTIFICATE OF LIAEn~ITY INSURANCE
-.Q-~Q.:-\
,
OP 10 A '71 DATE (MM'DDIYYYY)
EMPI-25', 11/14/02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I INSURERS AFFORDING COVERAGE i NAIC #
I INSURER A Ace Property & Casualty Ins IC~04
i INSURER B: j
I INSURER C: I
I INSURER 0: I
~~~ I
PRODUCER
Lawley Service Inc
120 Delaware Avenue
Buffalo NY 14202
Phone: 716-849-8618
INSURED
Augusta, Georgia, By and
Through The Augusta-Richmond
County Commiss1on
530 Greene Street
Augusta GA 30911
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
~~ ~~~a TYPE OF INSURANCE I POLICY NUMBER I POLl%EFFECTIXE IPOLICVXPIRATIRN I LIMITS
DATE MM'DDIYY DATE MM'DDIYY
GENERAL LIABILITY ~ OCCURRENCE $2,000,000
- . I\\,~ I v_ "":N I t:u
A COMMERCIAL GENERAL LIABILITY PREMISES lEa occurence) $
I C~I,MS /o,1ADE D OCCUR MED EXP (Anyone person) $
~owners & Contract TO BE ASSIGNED 11/14/02 04/12/03 PERSONAL & ADV INJURY 1$
I GENERAL AGGREGATE 1$4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP'OP AGG I $
n PRO- n I
POLICY JECT LOC I
AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT I $
I--
ANY AUTO (Ea accidenl) I
I--
ALL OWNED AUTOS I BODILY INJURY Is
'---
SCHEDULED AUTOS (Per person)
"- I I
I HIRED AUTOS 1$
- I BODILY INJURY
NON-OWNED AUTOS , (Per accidenl)
- I
I n- I PROPERTY DAMAGE 1$
I (Per accident) I
I GARAGE LIABILITY I AUTO ONL Y - EA ACCIDENT ! $
R ANY AUTO I OTHER THAN EA ACC ! $
AUTO ONLY: AGG I S
S"""M""-~ "A."n I EACH OCCURRENCE !s
OCCUR 0 CLAIMS MADE AGGREGATE $
Is
DEDUCTIBLE 1$
I RETENTION $ Is
WORKERS COMPENSATION AND I I TORY LIMITS I IV~ltl
EMPLOYERS' LIABILITY I $
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER exCLUDED? E.L. DISEASE - EA EMPLOYEEI $
~~~MtS~~'l5.J:~16~s below E.L. DISEASE - POLICY LIMIT I $
OTHER,
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS
RE: 3 MG Elevated Water Tank, Brown Road, Demolition Phase
Contractor: Empire Dismantlement Corp.
. CERTIFICATE HOLDER
CANCELLATION
AUGU-02
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Augusta, Georgia, By and
Through The Augusta-Richmond
County Commission
530 Greene Street
Augusta GA ,30911
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
,'MPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTH 0 RE RE
~
ACORD 25 (2001/08)
@ ACORD CORPORATION 198
.r-;. ,- -!-to
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
ACORDN CERTIFICATE OF ~IASILITY INSURANCE OP 10 A~ DATE (MM/DDIYYYY)
EMPI-25 11/14/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lawley Service Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
120 Delaware Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Buffalo NY 14202 I I
I
Phone: 716-849-8618 i INSURERS AFFORDING COVERAGE i NAIC#
INSURED I INSURER A: Ace Property & Casualty Ins ICcB04
INSURER B: National Benefit Life I
Empire Dismantlement Corp. INSURER C: I
78 Sawyer Ave I INSURER 0: I
Tonawanda NY 14150 I
INSURER E: I
,~~
I
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSuRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
mS1FAllD.U I POLICY NUMBER I POLlC;~~EFFECTI~E IPOLlCY(~XPIRATlgN I LIMITS
L TR lNSRD TYPE OF INSURANCE DATE MMlDDIYY DATE MM'DDIYY
I GENERAL LIABILITY I EACH OCCURRENCE 1$ 1,000,000
- IUI\Ml(GFTCYRENTEu
A X COMMERCIAL GENERAL LIABILITY G21431874 04/12/02 04/12/03 I PREMISES lEa occurence) $100,000
I CLAIMS MADE [Xl OCCUR I MED EXP (Anyone person) $ 5,000
"---'
X PER PROJ AGG/BLKT PERSONAL & ADV INJURY 1$1,000,000
i GENERALAGGREGATE 1$2,000,000
- I PRODUCTS - COMP/OP AGG I $ 1, 000 , 000
GEN'L AGGREGATE LIMIT APPLIES PER: I
I rxl PRO- nLOC I I I --
POLICY X JECT I
~~!OMOBILE LIABILITY , COMBINED SINGLE LIMIT 1$1,000,000
A X I ANY AUTO H08062286 04/12/02 04/12/03 (Ea accldenl)
--i I
__J ALL OWNED AUTOS I BODILY INJURY
SCHEDULED AUTOS ' (Per person) IS
- I I
X HIRED AUTOS I 1$
- BODIL Y INJURY
X NON-OWNED AUTOS (Per accident)
I R PROPERTY DAMAGE 1$
(Per accldenl)
~~GH'M'~ I 1$
AUTO ONL Y -,EA ACCIDENT
=] ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG I $
~ESS/UMBRELLA LIABILITY , EACH OCCURRENCE 1$
~ 000", 0 "^,", "'" AGGREGATE $
I $
DEDUCTIBLE $
RETENTION $ 1$
I WORKERS COMPENSATION AND' ' I IT~~/L{M\i'S I IUEitl,
I EMPLOYERS' LIABILITY 1$
ANY PROPRIETOR/PARTNER/EXECUTIVE E,L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? I E.L. DISEASE - EA EMPLOYEE! $
I" pes, describe under
S ECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT i $
OTHER I
C NYS Disability 89100178320 11/17/00 11/17/03 Statutory
i I
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS
RE: 3 MG Elevated Water Tank, Brown Road, Demolition Phase
CERTIFICATE HOLDER
CANCELLATION
AUGU-02
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTH 0 RE RE
Augusta, Georgia, By and
Through The Augusta-Richmond
County Commission
530 Greene Street
Augusta GA 30911
@ ACORD CORPORATION 198
ACORD 25 (2001/08)
;. 'i
4~
,I
..
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
, require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
.The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
~" . ~ -,:-
rt .
~-., \.' ,.
SUPPLEMENTARY GENERAL CONDITIONS
SC-l. These supplementary conditions amend or supplement the Standard General Conditions of,the
Construction Contract and other provisions ofthe Contract Documents as indicated below. All
provisions which are not so amended or supplemented remain in full force and effect.
SC-2. The terms used in the supplementary condition which are defined in the Standard General
Conditions to the Construction Contract have the meanings assigned to them in the General
Conditions.
SC-3. Revise paragraph 2.7 in its entirety and insert the following.
Before any work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy
to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which
CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and
5.4.
SC-4. Amend paragraph 4.2.1
Add: Soil boring report is not available.
SC-5. The limits of llability for the insurance required by paragraph 5.3 of the General Conditions sl}all
provide coverage for not less than the following amounts or greater where required by Laws and
Regulations: . .,
a.
~
Policies, Certificates, Limits and Disposition of Documents. - The Contractor shall obtain at
his expense insurance with limits as shown hereinbelow unless the Contractor desires to
broaden the limits and obtain more protection.
~
[1]
- OWNER'S PROTECTIVE LIABILITY INSURANCE - Taken out in name of the
owner as insured. (See Invitation to Bid for exact legal name of owner.)
Bodily injury, including death -limits of $1,000,000.00 for each person and
$2,000,000.00 for each accident.
Property damage -limits of$500,000.00 for each accident and $1,000,000.00 for,
the aggregate of operations.
DISPOSITION: Original policy must be deposited with owner prior to
commencement of work.
CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE - Taken out in the
name ofthe Contractor.
Bodily injury, including death -limits of $1,000,000.00 for each person and
$2,000,000.00 for each accident.
Property damage -limits of$500,000.00 for each accident and $1,000,000.00 for
the aggregate of operations.
DISPOSITION: Certificate of insurance must be sent to owner prior to
commencement of work.
CONTRACTOR'S PUBLIC LIABILITY INSURANCE - Taken out in the name of
the Contractor.
Bodily injury, including death -limits of $1,000,000.00 for each person and
$2,000,000.00 for each accident.
[2]
[3]
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"w . ;.
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Property damage -limits of $500,000.00 for each accident and $1,000,000.00 for
the aggregate of operations.
DISPOSITION: Certificate of insurance must be sent to Owner prior to
conunencement of work.
[4] BUILDER'S RISK INSURANCE - Payable to the Contractor and Owner, as their
interests may appear, upon the entire structure and upon all materials in or adjacent
thereto which are to be made a part of the insured structure to 100% of the insurable
value thereof covering fire, extended coverage, vandalism and malicious mischief.
DISPOSITION: Original policy must be deposited with Owner prior to
conunencement of work.
b. Acceptability of Insurers to Owner. - No insurance will be acceptable unless written by a
company licensed by the State Insurance Conunissioner to do business in Georgia at the time
the policy is issued, and the company must in addition be acceptable to the Owner. To avoid
inconvenience, any general contractor or subcontractor must get in touch with the Owner to
determine whether the insurance company or companies he expects to use is or are acceptable
to the Owner. All policies and certificates must be signed or countersigned, as the case may
be, by resident Georgia agents.
c. Termination of Obligation to Insure. - Unless otherwise expressly provided to the contrary, the
obligation to insure as prescribed herein shall not terminate until the Engineer shall have
executed the [mal certificate.
d. Contractor shall purchase and maintain during the full course of construction "All Risk"
Builder's Risk Insurance coverage which names the Contractor, Owner and Engineer as co-
insured.
e. The Contractor will turn over areas completed for construction prior to substantial completion.
Contractor shall maintain insurance on work he performs within "battery limits".
SC-6. Add to paragraph 6.8.2.
The CONTRACTOR shall identify any SUBCONTRACTOR performing more than 20% of
the overall project costs, within two (2) days of being notified that the CONTRACTOR is
the apparent low bidder.
SC-7. Add paragraph 7.5
7.5. Should CONTRACTOR cause damage to the work or property of any separate
contractor at the site, or should any claim arising out of CONTRACTOR's
performance of the Work at the site be made by any separate contractor against
CONTRACTOR, OWNER, ENGINEER, the Construction Coordinator or any other
person, CONTRACTOR shall promptly attempt to settle with such other.con!r:actor
by agreement, or to otherwise resolve the dispute by arbitration or at law.
CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations,
indemnify and hold OWNER, ENGINEER and the Construction Coordinator
harmless from and against all claims, damages, losses and expenses (including, but
not limited to, fees of engineers, 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 separate contractor against OWNER,
ENGINEER, or the Construction Coordinator to the extent based on a claim arising
-2-
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out of CONTRACTOR's performance of the Work. Should a separate contractor
cause damage to the Work or property of CONTRACTOR or should the
performance of Work by any separate contractor at the site give rise to any other
claim, CONTRACTOR shall not institute any action, legal or equitable, against
OWNER, ENGINEER or the Construction Coordinator or permit any action against
any of them to be maintained and continued in its naine or for its benefit in any
court or before any arbiter which seeks to impose liability on or to recover damages
from OWNER, ENGINEER or the Construction Coordinator on account of any
such damage or claim. If CONTRACTOR is delayed at any time in performing or
furnishing Work by any act or neglect of a separate contractor and OWNER and
CONTRACTOR are unable to agree as to t he extent of any adjustment in Contract
Time attributable thereto, CONTRACTOR may make a claim for an extension of
time in accordance with Article 12. An extension of the Contract Time shall be
CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and
Construction Coordinator for any delay, disruption, interference or hindrance
caused by any separate contractor. This paragraph does not prevent recovery from
OWNER, ENGINEER or Construction Coordinator for activities that are their
respective responsibilities.
?;~
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NOTICE OF AWARD
Dated
[Certified Mail -- Return Receipt Requested]
TO:
(BIDDER)
ADDRESS:
Contract:
(Insert name of Contract as it appears in the Bidding Documents)
Project:
OWNER's Contract No.
You are notified that your Bid dated for the above Contract
has been considered. You are the apparent Successful Bidder and have been awarded a Contract for _
(Indicate total Work, alternates or sections or Work awarded)
The Contract Price of your Contract is
Dollars ($
).
[Insert appropriate data if Unit Prices are used. Change language for Cost-Plus contracts)
_ copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of
Award. _ sets of the Drawings will be delivered separately or otherwise made available to you
immediately.
You must comply with the following conditions precedent within 15 days of the date you receive this
Notice of Award.
1. Deliver to the OWNER _ fully executed counterparts of the Contract Documents. [Each of the
Contract Documents must bear your signature on ( )].
2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the
Instructions to Bidders (Article 20), [and] General Conditions (paragraph 5.01) [and Supplementary
Conditions (paragraph SC-5.01).]
EJCDC No. 1910-22 (1996 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of
America and the Construction Specifications Institute.
I
3. (List other conditions precedent).
.
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Failure to comply with these conditions within the time specified will entitle OWNER to consider your
Bid in default, to annul this Notice of Award and to declare your Bid security forfeited.
Within ten days after you comply with the above conditions, OWNER will return to you one fully
executed counterpart of the Contract Documents. '
(OWNER)
By:
(AUTHORIZED SIGNATURE)
(TITLE)
Copy to ENGINEER
(Use Certified Mail,
Return Receipt Requested)
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NOTICE TO PROCEED
Dated
TO:
(CONTRACTOR)
ADDRESS1:
Contract:
(Insert name of Contract as it appears 'in the Contract Documents)
Project:
OWNER'S CONTRACT NO.
You are notified that the Contract Times under the above contract will commence to run on
. By that date, you are to start performing your obligations under the Contract
Documents. In accordance with Article 4 of the Agreement the date of Substantial Completion is
and the date of readiness for final payment is
Before you may start any Work at the Site, paragraph 2.05.C of the General Conditions provides that
you and Owner must each deliver to the other (with copies to Engineer and other identified additional
insureds) certificates of insurance which each is required to purchase and maintain in accordance with the
Contract Documents.
Also, before you may start any Work at the Site, you must
(add other requirements)
(OWNER)
By:
(AUTHORIZED SIGNATURE)
(TITLE)
Copy to ENGINEER
(Use Certified Mail, Return Receipt Requested)
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Performance Bond
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Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
lONTRACTOR (Name and Address):
SURETY (Name and Address of Principal Place
of Business):
I
OWNER (Name and Address):
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I CON1RACT
i I Date:
Amount:
Description (Name and Location):
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i BOND
II Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:
:1
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IlISurety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
I .erformance Bond to be duly executed on its behalf by its authorized officer, agent or representative.
I
I.~ONTR_ACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company:
II Signature: Signature:
. Name and Title: Name and Title:
(Attach Power of Attorney)
\ .
il(space is provided below for signatures of additional parties, if required.)
(Corp. Seal)
\ICON1RACTOR AS PRINCIPAL
Company: (Corp. Seal)
SURETY
Company:
(Corp. Seal)
~ Signature:
II Name and Title:
Signature:
Name and Title:
ilEJCDC No. 1910-28-A (1996 Edition)
. Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General
Contractors of America, and the American Institute of Architects.
II
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1, The CONTRACTOR and the Surety, jointly and severally, bind themselves, their
heirs, executors, administrators, successors and assigns to the Owner for the
performance of the Contract, which is incorporated herein by reference.
2. If the CONTRAcrORperforms the Contract, the Surety and the CONTRAcrOR
have no obligation under this Bond, except to participate in conferences as provided
in paragraph 3,1.
3, If there is no OWNER Default, the Surety's obligation under this Bond shall arise
after:
3,1. The OWNER has notified the CONTRAcrOR and the Surety at the
addresses described in paragraph 10 below, that the OWNER is considering
declaring a CONTRAcrOR Default and has requested and attempted to arrange a
conference with the CONTRACTOR and the Surety to be held not later than fifteen
days after receipt of such notice to discuss methods of performing the Contract. If
the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be
allowed a reasonable time to perform the Contract, but such an agreement shall not
waive the OWNER's right, if any, subsequently to declare a CONTRACTOR
Default; and
3.2. The OWNER has declared a CONTRACTOR Default and formally
terminated the CONTRACTOR's right to complete the Contract. Such
CONTRACTOR Default shall not be declared earlier than twenty days after the
CONTRACTOR and the Surety have received notice as provided in paragraph 3,1;
and
3.3. The OWNER has agreed to pay the Balance of the Contract Price to:
3,3,1. The Surety in accordance with the terms of the Contract;
3.3,2 Another contractor selected pursuant to paragraph 4.3 to
perform the Contract.
4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall
promptly and at the Surety's expense take one of the following actions:
4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to
perform and complete the Contract; or
4,2, Undertake to perform and complete the Contract itself, through its agents
or through independent contractors; or
4.3, Obtain bids or negotiated proposals from qualified contractors acceptable
to the OWNER for a contract for performance and completion of the Contract,
arrange for a contract to be prepared for execution by the OWNER and the contractor
selected with the OWNER's concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the Bonds issued on the
Contract, and pay to the OWNER the amount of damages as described in paragraph
6 in excess of the Balance of the Contract Price incurred by the OWNER resulting
from the CONTRACTOR Default; or
4.4. Waive its right to perform and complete, arrange for completion, or
obtain a new contractor and with reasonable promptness under the circumstances;
4.4.1 After investigation, determine the amount for which it may
be liable to the OWNER and, as soon as practicable after the amoWlt is determined,
tender payment therefor to the OWNER; or
4.4.2 Deny liability in whole or in part and notify the OWNER
citing reasons therefor.
5, If the Surety does not proceed as provided in paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on this Bond fifteen days
after receipt of an additional written notice from the OWNER to the Surety
demanding that the Surety perform its obligations under this Bond, and the OWNER
shall be entitled to enforce any remedy available to the OWNER. If the Surety
proceeds as provided in paragraph 4.4, and the OWNER refuses the payment
tendered or the Surety has denied
pliability, in whole or in part, without further notice the OWNER shall be entitled to
enforce any remedy available to the OWNER.
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6. After the OWNER has terminated the CONTRACTOR's right to complete the
Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then
the responsibilities of the Surety to the OWNER shall not be greater than those of the
CONTRACTOR under the Contract, and the responsibilities of the OWNER to the
Surety shall not be greater than those of the OWNER under the Contract. To a limit
of the amount of this Bond, but subject to co=itment by the OWNER of the
Balance of the Contract Price to mitigation of costs and damages on the Contract, the
Surety is obligated without duplication for:
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6.1. The responsibilities of the CONTRACTOR for correction of defective
Work and completion of the Contract;
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6.2. Additional legal, design professional and delay costs resulting from the
CONTRACTOR's Default, and resulting from the actions or failure to act of the
Surety under paragraph 4; and
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6.3. Liquidated damages, or if no liquidated damages are specified in the
Contract, actual damages caused by delayed performance or non-performance of the
CONTRACTOR.
7. The Surety shall not be liable to the OWNER or others for obligations of the
CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract
Price shall not be reduced or set off on account of any such unrelated obligations,
No right of action shall accrue on this Bond to any person or entity other than the
OWNER or its heirs, executors, administrators, or successors.
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8. The Surety hereby waives notice of any change, including changes of time, to the
Contract or to related subcontracts, purchase orders and other obligations.
9, Any proceeding, legal or equitable, under this Bond may be instituted in any
court of competent jurisdiction in the location in which the Work or part of the Work
is located and shall be instituted within two years after CONTRACTOR Default or
within two years after the CONTRACTOR ceased working or within two years after
the Surety refuses or fails to perform its obligations under this Bond, whichever
occurs first. If the provisions of this paragraph are void or prohibited by law, the
minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or
delivered to the address shown on the signature page.
11, When this Bond has been furnished to comply with a statutory or other legal
requirement in the location where the Contract was be performed, any provision in
this Bond conflicting with said statutory or legal requirement shall be' deemed
deleted here from and provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. The intent is that this Bond shall
be construed as a statutory bond and not as a common law bond.
12. Definitions.
12.1 Balance of the Contract Price: The total amount payable by the OWNER
to the CONTRACTOR under the Contract after all proper adjustments have been
made, including allowance to the CONTRACTOR of any amounts received or to be
received by the OWNER in settlement of insurance or other Claims for damages to
which the CONTRACTOR is entitled, reduced by all valid and proper payments
made to or on behalf of the CONTRACTOR under the Contract.
12.2. Contract: The agreement between the OWNER and the CONTRACTOR
identified on the signature page, including all Contract Documents and changes
thereto.
12.3, CONTRACTOR Default: Failure of the CONTRACTOR, which has
neither been remedied nor waived, to perform or otherwise to comply with the terms
of the Contract,
12.4. OWNER Default: Failure of the OWNER, which has neither been
remedied nor waived, to pay the CONTRACTOR as required by the Contract or to
perform and complete or comply with the other terms thereof.
00610-2
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Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
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ItONTRACTOR (Name and Address):
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iloWNER (Name and Address):
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IloNTRACT
Date:
:1 Amount:
Description (Name and Location):
SURETY (Name and Address of Principal Place
of Business):
II
i BOND
II Date (Not earlier than Contract Date):
Amount:
I Modifications to this Bond Form:
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Ilsurety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
\ Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
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IICONTRACTOR AS PRINCIPAL
Company:
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'I Signature: Signature:
Name and Title: Name and Title:
{ (Attach Power of Attorney)
(I (Space is provided below for signatures of additional parties, if required.)
(Corp. Seal)
SURETY
Company:
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(Corp. Seal)
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'I CONTRACTOR AS PRINCIPAL
Company:
II S'
I Ignature:
Name and Title:
(Corp. Seal)
SURETY
Company:
" (Corp. Seal)
Signature:
Name and Title:
IIEJCDC No. 1910-28-B (1996 Edition)
, Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General
Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.
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00620-1
1. The CONTRACTOR and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the OWNER to pay
for labor, materials and equipment furnished for use in the performance of the
Contract, which is incorporated herein by reference.
2, With respect to the OWNER, this obligation shan be nun and void if the
CONTRACTOR:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2. Defends, indenmifies and holds harmless the OWNER from all claims,
demands, liens or suits by any person or entity who furnished labor, materials or
equipment for use in the perfonnance of the Contract, provided the OWNER has
promptly notified the CONTRACTOR and the Surety (at the addresses described
in paragraph 12) of any claims, demands, liens or suits and tendered defense of
such claims, demands, liens or suits to the CONTRACTOR and the Surety, and
provided there is no OWNER Default.
3, With respect to Claimants, this obligation shall be null and void if the
CONTRACTOR promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with the
CONTRACTOR have given notice to the Surety (at the addresses described in
paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a
claim is being made under this Bond and, with substantial accuracy, the amount of
the claim.
4.2. Claimants who do not have a direct contract with the CONTRACTOR:
1. Have furnished written notice to the CONTRACTOR and
sent a copy, or notice thereof, to the OWNER, within 90 days after having last
performed labor or last furnished materials or equipment included in the claim
stating, with substantial accuracy, the amount of the claim and the name of the
party to whom the materials were furnished or supplied or for whom the labor was
done or performed; and
2, Have either received a rejection in whole or in part from the
CONTRACTOR, or not received within 30 days of fumishing the above notice
any communication from the CONTRACTOR by which the CONTRACTOR had
indicated the claim will be paid directly or indirectly; and
3. Not having been paid within the above 30 days, have sent a
written notice to the Surety and sent a copy, or notice thereof, to the OWNER,
stating that a claim is being made under this Bond and enclosing a copy of the
previous written notice furnished to the CONTRACTOR.
5, If a notice required by paragraph 4 is given by the OWNER to the
CONTRACTOR or to the Surety, that is sufficient compliance.
6, When the Claimant has satisfied the conditions of paragraph 4, the Surety shall
promptly and at the Surety's expense take the following actions:
6.1. Send an answer to the Claimant, with a copy to the OWNER, within 45
days after receipt of the claim, stating the amounts that are undisputed and the
basis for challenging any amounts that are disputed.
6.2. Payor arrange for payment of any undisputed amounts.
7, The Surety's total obligation shall not exceed the amount of this Bond, and the
amount of this Bond shall be credited for any payments made in good faith by the
Surety,
8. Amounts owed by the OWNER to the CONTRACTOR under the Contract
shall be used for the performance of the Contract and to satisfy claims, if any,
under any Performance Bond, By the CONTRACTOR furnishing and the
OWNER accepting this Bond, they agree that all funds eamed by the
CONTRACTOR in the performance of the Contract are dedicated to satisfy
obligations of the CONTRACTOR and the Surety under this Bond, subject to the
OWNER's priority to use the funds for the completion of the Work.
9, The Surety shall not be liable to the OWNER, Claimants or others for
obligations of the CONTRACTOR that are unrelated to the Contract. The
OWNER shall not be liable for payment of any costs or expenses of any Claimant
under this Bond, and shall have under this Bond no obligations to make payments
to, give notices on behalf of, or otherwise have obligations to Claimants under this
Bond.
.
10. The Surety hereby waives notice of any change, including changes of time, to
the Contract or to related Subcontracts, purchase orders and other obligations.
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11. No suit or action shall be connnenced by a Claimant under this Bond other
than in a court of competent jurisdiction in the location in which the Work or part
of the Work is located or after the expiration of one year from the date (1) on
which the Claimant gave the notice required by paragraph 4,1 or paragraph 4.2,3,
or (2) on which the last labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under the Construction Contract,
whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
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12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or
delivered to the addresses shown on the signature page. Actual receipt of notice by
Surety, the OWNER or the CONTRACTOR, however accomplished, shall be
sufficient compliance as of the date received at the address shown on the signature
page.
.
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13, When this Bond has been furnished to comply with a statutory or other legal
requirement in the location where the Contract was to be performed, any provision
in this Bond conflicting with said statutory or legal requirement shall be deemed
deleted herefrom and provisions confonning to such statutory or other legal
requirement shall be deemed incorporated herein, The intent is, that this Bond
shall be construed as a statutory Bond and not as a connnon law bond.
14. Upon request of any person or entity appearing to be a potential beneficiary of
this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall
pennit a copy to be made.
15. DEFINITIONS
15,1. Claimant: An individual or entity having a direct contract with the
CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor,
materials or equipment for use in the perfonnance of the Contract. The intent of
this Bond shall be to include without limitation in the terms "labor, materials or
equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone
service or rental equipment used in the Contract, architectural and engineering
services required for perfonnance of the Work of the CONTRACTOR and the
CONTRACTO~s Subcontractors, and all other items for which a mechanic's lien
may be asserted in the jurisdiction where the labor, materials or equipment were
furnished.
15.2. Contract: The agreement between the OWNER and the
CONTRACTOR 'identified on the signature page, including all Contract
Documents and changes pthereto.
15.3, OWNER Default: Failure of the OWNER, which has neither been
remedied nor waived, to pay the CONTRACTOR as required by the Contract or to
perform and complete or comply with the other terms thereof
00620-2
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APPLICATION FOR PAYMENT NO.
To:
From:
Contract:
Project:
OWNER's Contract No.
For Work accomplished through the date of:
(OWNER)
(CONTRACTOR)
ENGINEER's Project No.
1.
2.
3.
4.
5.
Original Contract Price:
Net change by Change Orders and Written Amendments (+ or -):
Current Contract Price (1 plus 2):
Total completed and stored to date:
Retainage (per Agreement):
_ % of completed Work: $
_ % of stored material: $
Total Retainage:
Total completed and stored to date less retainage (4 minus 5):
Less previous Application for Payments:
DUE THIS APPLICATION (6 MINUS 7):
$
$
$
$
$
$
$
$
6.
7.
8.
Accompanying ,D ocumentation:
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that (1) all previous progress payments received from O\VNER on
account of Work done under the Contract referred to above have been applied on account to discharge
CONTRACTOR's legitimate obligations incurred in connection with Work covered by prior Applications for
Payment numbered 1 through_ inclusive; (2) title Of all Work, materials and equipment incorporated in said
Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment
free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to
OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered
by this Application for Payment is in accordance with the Contract Documents and not defective.
Dated
CONTRACTOR
State of
County of
Subscribed and sworn to before me this
day of
By:
Notary Public
My Commission expires:
Payment of the above AMOUNT DUE THIS APPLICATION is recommended.
Dated
ENGINEER
By:
EJCDCNo. 1910-8-E (1996 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification
Institute.
APPLICATION FOR PAYMENT
.
INSTRUCTIONS
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A. GENERAL INFORMATION
The sample form of Schedule of Values is intended as a guide only. Many projects require a more
extensive form with space for numerous items, descriptions of Change Orders, identification of variable
quantity adjustments, summary of materials and equipment stored at the site and other information. It is
expected that a separate form will be developed by Engineer and Contractor at the time Contractor's
Schedule of Values is fmalized. Note also that the format for retainage must be changed if the Contract
permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to
Article 14 of the General Conditions for provisions concerning payments to Contractor.
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B. CO~LETINGTHEFORM
The Schedule of Values, submitted and approved as provided in paragraphs 2.05.B.3 and 2.07 of the
General Conditions, should be reproduced as appropriate in the space indicated on the Application for
Payment form. Note that the cost of materials and equipment is often listed separately from the cost of
installation. Also, note that each Unit Price is deemed to include Contractor's overhead and profit.
.
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All Change Orders affecting the Contract Price should be identified and included in the Schedule 'of
Values as required for progress payments.
The form is suitable for use in the Final Application for Payment as well as for Progress Payments;
however, the required accompanying documentation is usually more extensive for final payment. All
accompanying documentation should be identified in the space provided on the form.
C. LEGAL REVIEW
All accompanying documentation of a legal nature, such as Lien waivers, should be reviewed by an
attorney, and Engineer should so advise Owner.
ITEM UNIT ESTIMATED SCHEDULE QUANTITY AMOUNT MATERIAL AMOUNT
PRICE QUANTITY OF VALUES COMPLETED % STORED COMPLETED
AMOUNT AND STORED
I. $ $ $ $ $
2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
16.
17.
18.
19.
20.
2l.
22.
23.
24.
25.
26.
27.
28.
29.
30.
TOTAL $ $ $ $
Note: Total Schedule of Values Amount should equal the current Contract Price.
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CHANGE ORDER
No,
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DATE OF ISSUANCE EFFECTNE DATE
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OWNER
CONTRACTOR
Contract:
Project:
OWNER's Contract No.
ENGINEER
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ENGINEER's Contract No.
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You are directed to make the following changes in the Contract Documents:
Description:
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Reason for Change Order:
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Attachments: (List documents supporting change)
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CHANGE IN CONTRACT PRICE:
Original Contract Price
$
Net Increase (Decrease) from previous Change Orders
No. - to - :
$
Contract Price prior to this Change Order:
$
Net increase (decrease) of this Change Order:
$
Contract Price with all approved Change Orders:
$
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RECOMtvfENDED:
APPROVED:
CHANGE IN CONTRACT TIMES:
Original Contract Times:
Substantial Completion:
Ready for final payment:
(days or dates)
Net change from previous Change Orders No. _ to
No. - :
Substantial Completion:
Ready for fmal payment:
(days)
Contract Times prior to this Change Order:
Substantial Completion:
Ready for final payment:
(days or dates)
Net increase (decrease) this Change Order:
Substantial Completion:
Ready for final payment:
(days)
Contract Times with all approved Change Orders:
Substantial Completion:
Ready for final payment:
(days or dates)
ACCEPTED:
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ENGINEER (Authorized Signature) OWNER (Authorized Signature)
Date:
Date:
.
By:
CONTRACTOR(Authorized Signature)
Date:
EJCDC 1910-8-B (1996 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute,
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CHANGE ORDER
INSTRUCTIONS
A. GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect Contract
Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated
into a subsequent Change Order if they affect Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The
practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes.
....
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IfMi1estones have been listed in the Agreement, any effect of a Change Order thereon should be addressed.
For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times,
a Field Order should be used.
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B. COMPLETING THE CHANGE ORDER FORM
Engineer normally initiates the form, including a description of the changes involved and attachments based
upon documents and proposals submitted by Contractor, or requests from Owner, or both.
Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval,
depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated
agreement for a previously performed change. After approval by one contracting party, all copies should be sent
to the other party for approval. Engineer should make distribution of executed copies after approval by both
parties.
If a change only applies to price or to times, cross out the part of the tabulation that does not apply.
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CERTIFICATE OF SUBSTANTIAL COMPLETION
DATE OF ISSUANCE
OWNER
CONTRACTOR
Contract:
Project:
OWNER's Contract No.
ENGINEER's Project No.
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following
specified parts thereof:
To
OWNER
And To
CONTRACTOR
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with
the Contract Documents on
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the
failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in
accordance with the Contract Documents. The items in the tentative list shall be completed .or corrected by
CONTRACTOR within days of the above date of Substantial Completion.
EJCDC No. 1910-8-D (1996 Edition)
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications
Institute.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties and guarantees shall be as follows:
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The following documents are attached to and made a part of this Certificate:
[For items to be attached see definition of Substantial Completion as supplemented and other
specifically noted conditions precedent to achieving Substantial Completion as required by Contract
Documents.}
.
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This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with
the Contract Documents.
Executed by ENGINEER on
Date
ENGINEER
By:
(Authorized Signature)
CONTRACTOR accepts this Certificate of Substantial Completion on
Date
CONTRACTOR
By:
(Authorized Signature)
OWNER accepts this Certificate of Substantial Completion on
Date
OWNER
By:
(Authorized Signature)
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SECTION 01010 - SUMMARY OF WORK
P ART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions ofthe Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 WORK COVERED BY CONTRACT DOCUMENTS
A. The Project consists of:
300,000 Gallon Ground Water Storage Tank Removal
150,000 Gallon Elevated Storage Tank Removal
Pump House Removal
Underground Gasoline Storage Tank Removal
1. Project Location: Brown Road, Augusta-Richmond County, Georgia
2.
Owner:
Augusta-Richmond County Board of Commissioners
c/o Augusta-Richmond County Utilities Department
360 Bay Street, Suite 180
Augusta, GA 30901
B. Contract Documents, dated May 2002 were prepared for the Project by:
Jolu:1son, Laschober & Associates, P.C.
1296 Broad Street
Augusta, Ga. 30901
C. The Work consists of:
1. Removal and disposal of existing 300,000 gallon ground storage tank and 150,000
gallon elevated storage tank, including lead based paint abatement, ground storage
tank concrete ring foundation, complete, and elevated storage tank concrete
perimeter and center column pedestal removal to a depth of one foot below existing
grade.
2. Removal of existing pump house including wood and CMU superstructure,
concrete slab and footings, pumps and valves, piping up to 5' west of west wall and
all piping between pump house and gound storage tank, electrical equipment,
conduit and lighting, etc.
3. Removal of existing pipe to indicated locations outside of existing tanks and
plugging of end of pipes as noted on plan.
4. Removal of existing 500 to 1,000 gallon underground gasoline storage tank and
SUMMARY OF WORK
01010 - 1
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appurtenances.
5. Filling below grade areas to match existing grade.
6. Soil erosion and sediment control- Silt fence and mulch.
D. The Work will be constructed under a single prime contract.
1.3 CONTRACTOR USE OF PREMISES
A. General: During the construction period the Contractor shall have full use of the premises
within the indicated battery limits for construction operations, including use ofthe site.
The Contractor's use ofthe premises is limited only by the Owner's right to perform work.
B. Use ofthe Site: Limit use ofthe premises to work in areas indicated. Confine operations
to areas within contract limits indicated. Do not disturb portions of the site beyond the
areas in which the Work is indicated.
PART 2 - PRODUCTS (Not Applicable)
P ART 3 - EXECUTION
A. Tank components shall be dismantled, lowered to and placed on the ground by the use of a
crane. No steel is to be dropped.
B. Due to the presence oflead-based coatings, all cutting by torch shall be done in full compliance
of OSHA Standard 29 CFR 1962.62, Lead Exposure in Construction. Lead abatement
operations shall be performed by trained and qualified personnel.
C. Air samples and soil samples will be performed and monitored by the Testing Agency approved
by the Owner. The Contractor shall engage and coordinate scheduling of Testing Agency to
acquire specified monitoring and/or sampling. Services of Testing Agency shall be paid from
the testing allowance in the base bid price.
END OF SECTION 01010
SUMMARY OF WORK
01010 - 2
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SECTION 01200 - PROJECT MEETINGS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, induding General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements for project meetings,
including, but not limited to, the following:
1. Preconstruction conferences.
2. Progress meetings.
3. Coordination meetings.
1.3 PRECONSTRUCTION CONFERENCE
A. Schedule a preconstruction conference before starting construction, at a time convenient
to the Owner and the Engineer, but no later than 15 days after execution of the
Agreement. Hold the conference at the Project Site or another convenient location.
Conduct the meeting to review responsibilities and personnel assignments.
B. Attendees: Authorized representatives ofthe Owner, Engineer, and their consultants; the
Contractor and his superintendent; major sub-contractors; manufacturers; suppliers; and
other concerned parties shall attend the conference. All participants at the conference
shall be familiar with the Proj ect and authorized to conclude matters relating to the Work.
C. Agenda: Discuss items of significance that could affect progress, including the following:
1. Tentative construction schedule.
2. Critical work sequencing.
3. Designation of responsible personnel.
4. Procedures for processing field decisions and Change Orders.
5. Procedures for processing Applications for Payment.
6. Distribution of Contract Documents.
7. Preparation of record documents.
8. Use ofthe premises.
9. Parking availability.
10. Office, work, and storage areas.
11. Equipment deliveries and priorities.
12. Safety procedures.
13. First aid.
PROJECT MEETINGS
01200 - 1
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14. Security.
15. Housekeeping.
16. Working hours.
1.4 PROGRESS MEETING
A. Conduct progress meeting at the Project Site at Mid-way through allotted demolition
schedule., Notify the Owner and the Engineer of Scheduled meeting date. Coordinate
date of meeting with preparation of the payment request.
B. Attendees: In addition to representatives of the Owner and the Engineer, each
subcontractor, supplier, or other entity concerned with current progress or involved in
planning, coordination, or performance of future activities shall be represented at this
meeting. All participants at the conference shall be familiar with the Project and
authorized to conclude matters relating to the Work.
C. Agenda: Review items of significance that could affect progress. include topics for
discussion as appropriate to the status of the Project.
1. Contractor's construction Schedule: Review progress. determine whether the
Contractor's Construction Schedule is on time or ahead or behind schedule.
Determine how construction behind schedule will be expedited; secure
commitments from parties involved to do so. Discuss whether schedule revisions
are required to insure that current and subsequent activities will be completed
within the Contract Time.
2. Review the present and future needs of each entity present, including the following:
a. Interface requirements
b. Time
c. Sequences
d. Access
e. Site utilization
f. Temporary facilities and service
g. Hours of work
h. Hazards and risks
1. Housekeeping
J. Quality and work standards
k. Change Orders
1. Documentation of information for payment requests.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
END OF SECTION 01200
PROJECT MEETINGS
01200 - 2
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SECTION 01400 - ENVIRONMENTAL QUALITY CONTROL
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to tbis Section.
1.2 SUMMARY
A. Tbis Section includes administrative and procedural requirements for environmental
quality-control services.
B. Environmental quality-control services include inspections, tests, and related actions,
including reports performed by Contractor, by the Testing Agency selected by the Owner,
and governing authorities. They do not include contract enforcement activities performed
by Engineer.
C. Inspection and testing services are required to verify compliance with requirements
specified or indicated. These services do not relieve Contractor of responsibility for
compliance with Contract Document requirements.
D. Requirements oftbis Section relate to customized fabrication and installation procedures,
not production of standard products.
1. Specific environmental quality-control requirements for individual construction
activities are specified in the Sections that specify those activities.
2. Specified inspections, tests, and related actions do not limit Contractor's
environmental quality-control procedures that facilitate compliance with Contract
Document requirements.
3. Requirements for Contractor to provide environmental quality-control services
required by Engineer, Owner, or authorities having jurisdiction are not limited by
provisions of this Section.
1.3 RESPONSIBILITIES
A. Contractor Responsibilities: Unless otherwise indicated as the responsibility of another
identified entity, Contractor shall provide inspections, tests, and other environmental
quality-control services specified elsewhere in the Contract Documents and required by
authorities having jurisdiction. Costs for these services are included in the Contract Sum.
1. Where individual Sections specifically indicate that certain inspections, tests, and
ENVIRONMENTAL QUALITY CONTROL
01400 - 1
other environmental quality-control services are required, the Owner will engage the
services of a qualified independent Testing Agency to perform those services.
Payment for these services will be made by the Contractor from the Inspection and
Testing Allowance as setup in the Bid Form. Contractor shall submit the invoice of
the Testing Agency with the Montbly Payment request and Waiver of Lien for the
previous months invoice of the Testing Agency
B. Retesting: The Contractor is responsible for retesting where results of inspections, tests, or
other environmental quality-control services prove unsatisfactory and indicate
noncompliance with Contract Document requirements, regardless of whether the original
test was Contractor's responsibility.
1. The cost of retesting construction, revised or replaced by the Contractor, is the
Contractor's responsibility where required tests performed on original construction
indicated noncompliance with Contract Document requirements.
C. Associated Services: Cooperate with agencies performing required inspections, tests, and
similar services, and provide reasonable auxiliary services as requested. Notify the agency
sufficiently in advance of operations to permit assigmnent of personnel. Auxiliary services
required include, but are not limited to, the following:
1. Provide access to the Work.
2. Furnish incidental labor and facilities necessary to facilitate inspections and tests.
3. Take adequate quantities of representative samples of materials that require testing or
assist the agency in taking samples.
D. Duties of the Testing Agency: The independent agency engaged to perform inspections,
sampling, and testing of materials and construction specified in individual Sections shall
cooperate with the Engineer and the Contractor in performance ofthe agency's duties. The
Testing Agency shall provide qualified personnel to perform required inspections and tests.
1. The agency shall notify the Engineer and the Contractor promptly of irregularities or
deficiencies observed in the Work during performance of its services.
2. The agency is not authorized to release, revoke, alter, or enlarge requirements ofthe
Contract Documents or approve or accept any portion of the Work.
3. The agency shall not perform any duties ofthe Contractor.
E. Coordination: Coordinate the sequence of activities to accommodate required services with
a minimum of delay. Coordinate activities to avoid the necessity of removing and
replacing construction to accommodate inspections and tests.
1. The Contractor is responsible for scheduling times for inspections, tests, taking
samples, and similar activities.
1.4 SUBI\.1ITT ALS
ENVIRONMENTAL QUALITY CONTROL
01400 - 2
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A. The independent Testing Agency shall submit a certified written report, in duplicate, of
each inspection, test, or similar service to the Engineer.
1. Submit additional copies of each written report directly to the governlng authority,
when the authority so directs.
2. Report Data: Written reports of each inspection, test, or similar service include, but
are not limited to, the following:
a. Date of issue.
b. Project title and number.
c. Name, address, and telephone number of Testing Agency;
d. Dates and locations of samples and tests or inspections.
e. Names of individuals making the inspection or test.
f. Designation of the Work and test method.
g. Identification of product and Specification Section.
h. Complete inspection or test data.
1. Test results and an interpretation oftest results.
J. Ambient conditions at the time of sample taking and testing.
k. Comments or professional opinion on whether inspected or tested Work
complies with Contract Document requirements.
1. Name and signature of laboratory inspector.
m. Recommendations on retesting.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 REPAIR AND PROTECTION
A. General: Upon completion of inspection, testing, sample taking and similar services, repair
damaged construction and restore substrates.
B. Protect construction exposed by or for environmental quality-control service activities, and
, protect repaired construction.
C. Repair and protection is Contractor's responsibility, regardless of the assignment of
responsibility for inspection, testing, or similar services.
END OF SECTION 01400
ENVIRONMENTAL QUALITY CONTROL
01400 - 3
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SECTION 01700 - PROJECT CLOSEOUT
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and Supplementary
Conditions and other Division.:. 1 Specification Sections, apply to this Section.
1.2 SUM:MARY
A. This Section specifies administrative and procedural requirements for project closeout,
including but not limited to:
1. Inspection procedures.
2. Project record document submittal.
3. Operating and maintenance manual submittal.
4. Submittal of warranties.
5. Final cleaning.
1.3 SUBSTANTIAL COMPLETION
A. Preliminary Procedures: Before requesting inspection for certification of Substantial
Completion, complete the following. List exceptions in the request.
1. In the Application for Payment that coincides with, or first follows, the date
Substantial Completion is claimed, show 100 percent completion for the portion of
the Work claimed as substantially complete. Include supporting documentation for
completion as indicated in these Contract Documents and a statement showing an
accounting of changes to the Contract Sum.
a. If 100 percent completion cannot be shown, include a list of incomplete
items, the value of incomplete construction, and reasons the Work is not
complete.
2. Submit final certifications and similar documents.
3. Obtain and submit releases enabling the Owner unrestricted use of the premises and
access to services and utilities.
4. Submit final record information.
5. Complete final clean up requirements and any repair and restoration of damaged
surfaces.
B. Inspection Procedures: On receipt of a request for inspection, the Engineer will either
proceed with inspection or advise the Contractor of unfilled requirements. The Engineer
will prepare the Certificate of Substantial Completion following inspection, or advise the
Contractor of construction that must be completed or corrected before the certificate will
be issued.
1. The Engineer will repeat inspection when requested and assured that the Work has
PROJECT CLOSEOUT
01700 - 1
1. Submit the final payment request with releases and supporting documentation not
previously submitted and accepted. Include certificates of insurance for products
and completed operations where required.
2. Submit an updated final statement, accounting for final additional changes to the
Contract Sum.
3. Submit a certified copy of the Engineer's final inspection list of items to be
completed or corrected, stating that each item has been completed or otherwise
resolved for acceptance, and the list has been endorsed and dated by the Engineer.
4. Submit a final liquidated damages settlement statement.
5. Submit evidence offinal, continuing insurance coverage complying with insurance
requirements.
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been substantially completed.
2. Results of the completed inspection will form the basis of requirements for final
acceptance.
1.4 FINAL ACCEPTANCE
A. Preliminary Procedures: Before requesting final inspection for certification of final
acceptance and final payment, complete the following. List exceptions in the request.
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B. Reinspection Procedure: The Engineer will reinspect the Work upon receipt of notice that
the Work, including inspection list items from earlier inspections, has been completed,
except items whose completion has been delayed because of circumstances acceptable to
the Engineer.
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1. Upon completion of reinspection, the Engineer will prepare a certificate of [mal
acceptance, or advise the Contractor of Work that is incomplete or of obligations
that have not been fulfilled but are required for final acceptance.
2. Ifnecessary, reinspection will be repeated.
1.5 RECORD DOCUMENT SUBMITTALS
A. General: Do not use record documents for construction purposes; protect from
deterioration and loss in a secure, fire-resistive location; provide access to record
documents for the Engineer's reference during normal working hours.
B. Record Specifications: Maintain one complete copy of the Project Manual, including
addenda, and one copy of other written construction documents such as Change Orders
and modifications issued in printed form during construction. Mark these documents to
show substantial variations in actual Work performed in comparison with the text of the
Specifications and modifications. Give particular attention to substitutions, selection of
options and similar information on elements that are concealed or cannot otherwise be
readily discerned later by direct observation.
1. Upon completion ofthe Work, submit record Specifications to the Engineer for the
Owner's records.
C. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements
PROJECT CLOSEOUT
01700-2
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of miscellaneous record-keeping and submittals in connection with actual performance of
the Work. Immediately prior to the date or dates of Substantial Completion, complete
miscellaneous records and place in good order, properly identified and bound or filed,
ready for continued use and reference. Submit to the Engineer for the Owner's records.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 FINAL CLEANING
A. General: General cleaning during construction is required by the General Conditions and
included in Section "Temporary Facilities".
B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean
each surface or unit to the condition expected in a normal, commercial building cleaning
and maintenance program. Comply with manufacturer's instructions.
1. Complete the following cleaning operations before requesting inspection for
Certification of Substantial Completion.
a. Clean the site, including landscape development areas, of rubbish, litter and
other foreign substances. Sweep paved areas broom clean; remove stains,
spills and other foreign deposits. Rake grounds that are neither paved nor
planted, to a smooth even-textured surface.
C. Removal of Protection: Remove temporary protection and facilities installed for
protection of the Work during construction.
D. Compliance: Comply with regulations of authorities having jurisdiction and safety
standards for cleaning. Do not bum waste materials. Do not bury debris or excess
materials on the Owner's property. Do not discharge volatile, harmful or dangerous
materials into drainage systems. Remove waste materials from the site and dispose ofin a
lawful marmer.
1. Where extra materials of value remaining after completion of associated Work have
become the Owner's property, arrange for disposition of these materials as directed.
END OF SECTION 01700
PROJECT CLOSEOUT
01700 - 3
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SECTION 02060 - GROUND AND ELEVATED STORAGE TANK REMOVAL
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Demolition and removal of ground storage tanks, including lead-based paint
abatement. Remove concrete ring foundation including gravel and sand bedding.
(Note: Sand bedding may be oiled).
2. Demolition and removal of elevated tank, attached antenna, including lead-based
paint abatement. Remove concrete perimeter columns and center column pedestal
foundations to a depth of l' below existing grade.
3. Disconnecting, removal and plugging of existing water lines to existing storage tanks
as noted in Appendix.
4. Filling of below grade areas with to match surrounding grade.
5. Install soil erosion and sediment control.
B. Related Sections: The following Sections contain requirements that relate to this Section:
1. Division 1 Section "Summary of Work ".
2. Division 1 Section "Project Meetings".
3 Division 1 Section "Contract Closeout" for record document requirements.
4. Division 2 Section 02065, "Abatement of Lead-Based Paint"
1.3 DEFINITIONS
A. Remove: Remove and legally dispose of indicated items.
B. Existing to Remain: Protect construction indicated to remain against damage and soiling
during demolition.
1.4 MATERIALS OWNERSHIP
A. Except for items indicated to remain on the Owner's property, demolished materials shall
become the Contractor's property and shall be removed from the site with further legal
disposition at the Contractor's option.
B. Demolished or removed components of ground storage tank and elevated storage tank -
bulb (tank), legs and riser contain lead-based paint. Contractor shall take precautions to
prevent contamination of surrounding soil by proposed dust control measures, protection of
the ground, storing and hauling demolished tank materials in enclosed containers and/or
GROUND AND ELEVATED STORAGE TANK REMOVAL
02060 - 1
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wrapping components in two layers of polyethylene plastic sheeting sealed with duct tape
and/or spray adhesive.
1.5 SUBMITTALS
A. General: Submit each item in this Article according to the Conditions ofthe Contract and
Division 1 Specification Sections, for information only, unless otherwise indicated.
B. Proposed dust-control measures.
C. Contractor may propose an alternate abatement method, other than those recommended in
Section 02065. The Contractor shall submit detailed plan of proposed alternate method.
The Contractor shall not begin abatement until the Engineer reviews the alternate plan.
D. A schedule of demolition activities indicating a detailed sequence of demolition and
removal work with starting and ending dates for each activity.
E. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining
construction and site improvements that might be misconstrued as damage caused by
demolition operations.
F. Landfill records for record purposes indicating receipt and acceptance of wastes by a
landfill facility licensed to accept wastes.
1.6 QUALITY ASSURANCE
A. Demolition Firm Qualifications: Engage an experienced firm that has successfully
completed demolition work similar to that indicated for this Project.
B. Regulatory Requirements: Comply with governing EP A notification regulations before
starting demolition. Comply with hauling and disposal regulations of authorities having
jurisdiction.
C. Pre-demolition Conference: Conduct conference at Project site to comply with pre-
installation conference requirements of Division 1 Section "Project Meetings."
1.7 PROJECT CONDITIONS
A. Owner assumes no responsibility for actual condition of elevated storage tank to be
demolished.
B. Lead: Lead is present in the structure to be demolished. A report on the presence oflead is
on file for review and use. Examine the report to become aware oflocations where lead is
present.
1. Lead abatement is specified in Section 2065 "Lead-Based Paint Abatement".
. 2. The condition of interior tank coating is unknown. The Contractor shall create an
access through top of tank to allow the Testing Agency selected by the Owner to
collect a sample for testing for total lead and to determine the extent of chipping,
GROUND AND ELEVATED STORAGE TANK REMOVAL
02060 - 2
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flaking, rusting, etc. Access will be made after the Contractor removes a one-foot
wide strip of lead paint to permit cutting. The Contractor shall not proceed with
further cutting until test results are known, and the Contractor is given notice to
proceed within the scope ofthe contract or to perform additional work prescribed by
the Owner.
C. Storage or sale of removed items or materials on-site will not be permitted.
1.8 SCHEDULlNG
A. Perform demolition and removal work within proposed schedule. Refer to requirements of
Division -1 Section "Summary of Work. "
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 EXAMlNATION
A. Verify the location of existing utilities within the project limits.
B. Survey the condition of the structure to determine whether removing any element might"
result in a structural deficiency or unplanned collapse of any portion of the structure or
adjacent structures during demolition.
C. Perform surveys as the work progresses to detect hazards resulting from demolition
activities.
3.2 UTILITY SERVICES
A. Maintain existing utilities in service and protect them against damage during demolition
operations.
B. Utility Requirements: Verify that existing storage tanks have been isolated (by Utilities
Department) from existing water line in service.
1. Owner will arrange to shut off indicated utilities when notified by Contractor.
3.3 PREPARATION
A. Conduct demolition operations and remove debris to ensure minimum interference with
roads, adjacent on-site facilities and adjacent off-site properties.
1. Do not close or obstruct streets, adjacent used facilities without permission from
Owner and authorities having jurisdiction except as noted in Division 1 Section
"Summary of Work." Provide alternate routes around closed or obstructed traffic
ways if required by governing regulations.
B. Conduct demolition operations to prevent injury to people and damage to adjacent
buildings and facilities to remain and adjacent off-site properties. Ensure safe passage of
GROUND AND ELEVATED STORAGE TANK REMOVAL
02060 - 3
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people around demolition area.
1. Protect existing site improvements and appurtenances.
C. Provide and maintain interior and exterior bracing, or structural support to preserve stability
and prevent movement, settlement, or collapse of structure to be demolished.
1. Strengthen or add new supports when required during progress of demolition.
3.4 EXPLOSIVES
A. Explosives: Use of explosives will not be permitted.
3.5 POLLUTION CONTROLS
A. Use water mist, temporary enclosures, and other suitable methods to limit the spread of dust
and dirt. Comply with governing environmental protection regulations.
1. Do not create hazardous or objectionable conditions, such as ice, flooding, and
pollution, when using water.
B. Remove and transport structural elements and debris in a manner that will prevent dropping
on adjacent surfaces and areas.
1. Remove structural elements and debris from elevated portions of structure by crane,
or other device that will convey structural elements to grade level.
C. Engage and Schedule the services ofthe Testing Agency selected by the Owner to collect and
analyze soil samples upon completion of the dismantling and removal of the ground and
elevated storage tank components.
A base line of lead content in the soil has been established by the collection of soil samples
. around the ground storage tank and around and under the elevated storage tank. These soil
samples have been randomly selected at the surface and I-foot below grade and located on a
grid and their locations labeled accordingly. These pre-demolition samples have been retained
at the Testing Agency's office and will be tested at the completion of the demolition work.
The Testing Agency shall:
1. Analyze all pre-demolition samples.
2. Upon completion of the dismantling and removal of ground and elevated storage tank
components and before concrete tank foundation removal, collect and analyze surface
and below grade samples at documented pre-demolition sample locations.
3. If post-tank remova11ead levels in soil exceed the base line levels established prior to
beginning the project, perform soil remediation to restore lead level at or below pre-
project level. Remediation and retesting shall be at no additional cost to the Owner.
4. Submit a proposed soil remediation plan to the Engineer for approval prior to
beginning soil remediation activity.
3.6 DEMOLITION
GROUND AND ELEVATED STORAGE TANK REMOVAL
02060 - 4
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A. Ground and Elevated Storage Tank Demolition: Demolish storage tank superstructures
completely and remove from the site. Use methods required to complete Work within
limitations of governing regulations and as follows:
1. Dispose of dismantled materials and debris promptly. On-site storage or sale of
removed items is prohibited.
2. Remove structural elements and lower to ground by method suitable to avoid free fall
and to prevent ground impact or dust generation. The ground shall be protected by
plastic sheeting until tank components are containerized or wrapped as previously
described and removed from site.
3. Tank shell and components shall be cut only within or on areas that have been abated
of lead-based paint.
B. On Grade and Below-Grade Construction:
1. Completely remove ground storage tank foundation.
2. Remove elevated storage tank foundation pedestals to within l' below existing grade.
C. Filling Below-Grade Areas: Fill foundation excavations with imported select backfill
material. Fill and compact in 8" lifts and compact to 95% standard proctor. Shape
disturbed earth to have positive downward slope to south. Maximum finish slope grades
shall be 1 to 5 or 20%.
D. Soil Erosion and Sediment Control: Place silt fence along low side of area to be disturbed.
After grading is complete apply minimum of 4" of organic mulch over disturbed area. Silt
fence shall remain in place at completion ofproject.
E. Damages: Promptly repair damages to adjacent facilities caused by demolition operations.
3.7 DISPOSAL OF DISMANTLED MATERIALS
A. General: Promptly dispose of dismantled materials and construction debris. Dismantled
materials and construction debris shall be removed immediately from site upon completion
of tank removal.
B. Disposal: Transport demolished materials off Owner's property and legally dispose of
demolished materials.
3.8 DEMOLITION SCHEDULE
A. Remove the following (See appended attachments):
1. Steel ground storage water tank and steel elevated storage tank with attached panel
boxes and antenna, including lead-based paint abatement.
2. Concrete tank foundations.
END OF SECTION 02060
GROUND AND ELEVATED STORAGE TANK REMOVAL
02060 - 5
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APPENDIX
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Tank site looking north
Ground Storage Tank looking south
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Ground Storage Tank looking north
Tank ID Plate
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Pump House looking south
Pump House looking north
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SECTION 02065 - LEAD-BASED PAINT ABATEMENT
PART 1 - GENERAL REQUlREMENTS
1.1 SCOPE OF WORK
A. Work involves the removal and disposal of lead-base paint (LBP) from an elevated and
ground water storage tame
B.. In addition, all construction debris and trash generated by LBP abatement shall be sealed
in polyethylene plastic sheeting, 6-milleak-tight disposal bags, and/or 55-gallon open-
head steel drums and placed in an enclosed truck or covered dumpster to be disposed of
as solid waste or hazardous waste, according to the results of Toxicity Characteristic
Leaching Procedure (TCLP) testing.
C, For bidding purposes, the Contractor shall assume that all waste generated by LBP
abatement shall be disposed of as non-hazardous waste. Cost for transportation and
disposal of hazardous waste shall be covered by an additive change order using unit
prices outlined on the Bid Form.
1.2 LEAD-BASED PAINT ABATEMENT PERSONNEL
A. LBP abatement supervisor shall be present at all times that lead-based paint abatement is
in progress. The supervisor must be lrnowledgeable in the hazards associated with LBP
abatement activities and the proper use, maintenance and fitting of all types of personal
protective equipment to be used on the proj ect.
B. Lead-based paint abatement workers shall be properly trained to perform LBP abatement
activity in accordance with Occupational Safety and Health Administration (OSHA)
standard 29 CFR 1926.62. Workers shall be instructed regarding the contents of the
standard, hazards associated with LBP abatement activities, the proper use, maintenance
and fitting of all types of personal protective equipment to be used on the project, and
engineering controls and work practices associated with LBP abatement.
C. The Contractor shall insure that all employees involved in LBP abatement are emolled in
a medical surveillance program as described in the standard.
1.3 DAMAGES
A. Damage caused to surrounding structures and/or facilities by the Contractor or his
personnel due to negligence or the use of unauthorized abatement methods shall be
repaired at the Contractor's expense.
1.4 REGULATORY COMPLIANCE
A. It is the intent of this section for the Contractor to comply fully with all Federal, State and
Local regulations and codes regarding removal and disposal oflead-based paint. Nothing
in this section should be interpreted to conflict with this intent.
LEAD-BASED P AIN'T ABATEMENT
02065 - 1
1.5 CONTRACTOR COMPLIANCE WITH OSHA SAFETY STANDARDS
A. Contractor is responsible to ensure worker safety complies with OSHA safety
requirements. Respirators, hard hats, eye goggles, gloves, safety belts, etc., shall be worn
when work tasks require this additional safety protection. The combination of wearing
respirators and working above ground level creates a working environment which
requires special safety considerations.
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B. No attempt has been made to specify all applicable Federal and/or State requirements
dealing with worker safety or public safety within the confines of these specifications.
This should not be construed as an abridgement of these requirements. As is always the
case, the Contractor has the responsibility to determine which non-specified requirements
apply to his work and the responsibility to initiate steps to comply with these non-
specified requirements on an as needed or required basis.
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PART 2 - PRODUCTS
2.1
TRISODIUM PHOSPHATE
A. Provide a detergent containing at least five (5) percent trisodium phosphate (TSP).
Ensure that workers carefully follow the specific manufacturer's instructions for the
proper use of the product, especially the recommended dilution ratio.
B. Provide waterproof gloves for workers to wear when applying TSP. Decontaminate
gloves after each shift or dispose of as contaminated waste.
2.2 POLYETHYLENE PLASTIC SHEETING
A. Provide polyethylene plastic sheeting in the largest sheet size possible to minimize seams,
4-mil and 6-mil thickness, clear, frosted and/or black, as required.
B. Provide reinforced polyethylene plastic sheeting in the largest sheet size possible to
minimize seams, 6-mil thickness, clear, frosted or black.
C. Polyethylene plastic sheeting shall be flame resistant and conform to the National Fire
Protection Association Standard 701, "Small-Scale Fire Test for Flame-Resistant Textiles
and Films."
2.3 ADHESIVES
A. Provide duct tape at least three inches wide with an adhesive formulated to stick
aggressively to polyethylene plastic sheeting.
B. Provide spray adhesive formulated to stick aggressively to polyethylene plastic sheeting.
2.4 DISPOSAL CONTAINERS
A. Provide 6-mil thick, leak-tight polyethylene plastic disposal bags.
B. Provide 55-gallon open-head, steel drums equipped with a locking ring.
LEAD-BASED PAINT ABATEMENT
02065 - 2
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2.5 HIGH EFFICIENCY PARTICULATE ABSOLUTE (REP A) FILTERS
A. Provide vacuum cleaners, air filtration machines, and respirators with lIEP A filters
capable of filtering particles of 0.3 microns or greater at 99.97% efficiency.
PART 3 - EXECUTION
3.1 EQUIPMENT
A. Personal Protection
1. Respirators. Provide workers with respirators that are the most comfortable and
affords the best seal and protection. Cartridge filters shall be approved for
respiratory protection against dusts, fumes and mists having a permissible
exposure limit ofless than 0.05 milligrams per cubic meter (a lIEPA filter). ,At a
minimum, workers shall be provided half-face, negative pressure respirators
equipped with a HEP A filter. A clean set of cartridge filters shall be provided
workers upon each entry into the regulated area. All individuals entering LBP
control area after the commencement of abatement work shall be required to wear
respiratory protection. Workers using the heat gun method of abatement shall
wear respirators equipped with both a lIEPA-filtered cartridge and an organic
vapor cartridge.
2. Protective Clothing. A sufficient number of disposable full body coveralls shall
be available to provide each worker two clean. suits upon each entry into the
regulated area.
B.
Ground Fault Protection
1. Equip all circuits for any purpose with ground fault circuit interrupters (GFCl).
Locate GFCI's so that all circuits are protected prior to entry into the regulated
area. Provide circuit breaker type GFCI equipped with test button and reset
switch for all circuits to be used for any purpose in the regulated area,
decontamination units, exterior, or as otherwise required by national electrical
code, OSHA or other authority. Locate the panel exterior to the regulated area.
2. Use only grounded extension cords; use "hard-service" cords where exposed to
abrasion and traffic. Use single lengths or use waterproof connectors to connect
separate lengths of electric cords, if single lengths will not reach areas of work.
3.2
DECONTAMINATION FACILITIES
A.
The Contractor shall provide a personnel decontamination station with separate facilities
for storing protective work clothing and equipment and worker's street clothes, and for
worker decontamination. Whenever feasible, employers should provide shower facilities
on site and ensure workers shower and shampoo before lunch and at the end of the shift.
This facility shall be conveniently located near the base of the elevated water tank but
outside the chain link: fence.
LEAD-BASED PAINT ABATEMENT
02065 - 3
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B.
A personnel decontamination station shall consist of:
1.
A three-stage decontamination unit consisting of a clean room, a shower and a
dirty room, OR
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An area where workers can change from street clothes to protective clothing prior
to entering the work area, and a wash station where workers shall wash hands,
face, respirator and other protective gear after leaving the regulated area.
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c.
As a minimum, require that all workers adhere to the following sequence when entering
or leaving the regulated area:
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1.
At the personnel decontamination station, worker removes street clothing, dons
two sets of clean disposable coveralls and a respirator. Worker proceeds to the
regulated area and puts on additional protective gear, as required.
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2. Before leaving the regulated area, worker removes all gross contamination and
debris from the outer set of coveralls, shoes, hard hat and other protective gear
with a HEP A vacuum. Remove the outer set of coveralls by rolling inward to
reduce creating airborne dust. Do not remove the respirator at this time.
3. The worker then proceeds to the personnel decontamination station and removes
additional protective gear, except the respirator. Decontaminate this equipment
with cleaning cloths soaked with TSP wash water and rinse with clear water.
4. Next the worker removes the second set of disposable coveralls in the same
manner as the outer set. While still wearing the respirator, use soap and water or
an approved disinfectant/sanitizer to wipe the outside of the respirator, remove it,
and continue thoroughly cleaning the respirator. Remove HEP A filters and
dispose of as contaminated waste.
5. The worker then proceeds to wash face, hands, arms, and fingernails with soap
and water, rinse thoroughly with clear water, and rinse or shampoo hair. Dress in
either two clean sets of disposable coveralls for another entry into the regulated
area, or street clothes if leaving the work site.
6. Place the coveralls in a polyethylene plastic bag, seal with duct tape and dispose
of as general construction debris.
3.3 REGULATED AREA PREPARATION
A. Establish a regulated area on the grounds surrounding the elevated tank by erecting
barriers a minimum of 25 feet from the perimeter chain link. fence. Use warning tape and
caution signs which will alert unprotected individuals and prevent them from accidently
entering the regulated area.
B. Barriers shall be erected using two (2) strands of warning tape between stanchions: the
first tape shall be twelve (12) inches from the ground, the second tape shall be no more
than forty-eight (48) inches from the ground. Caution signs shall be suspended between
the strands of warning tape no more than ten (10) feet apart.
LEAD-BASED PAINT ABATEMENT
02065 - 4
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C. Owner will remove all movable objects from the regulated area. Cover all objects
remaining in the regulated area with at least one layer of 4-mil polyethylene plastic
sheeting secured in place with duct tape and/or spray adhesive.
D. Spread one layer of 6-mil polyethylene plastic sheeting on the ground directly below the
elevated water tanle Sheeting shall extend a minimum of 15 feet in all directions from
the tanle Allow the polyethylene plastic to drape onto the ground and over any
shrubbery. This layer of plastic shall be weighted to prevent displacement by wind and
be turned up at the edges to prevent runoff of rain water or waste water. This layer of
plastic shall be decontaminated at the end of each shift. Repair holes and/or tears to
prevent waste water from seeping into soil underneath the barrier.
E. Do not conduct abatement work on the bulb if constant wind speed is greater than 20 '
miles per hour.
3.4 P AlNT STRIPPING PROCEDURES
A. Surfaces where cuts will be made, either by acetylene torch or other means, shall be
stripped of lead-based paint prior to cutting. A section one foot wide will be pre-cleaned
using a HEP A vacuum and TSP wet cleaning methods and then stripped of lead-based
paint.
B. The following removal methods are approved and recommended:
1. HEAT GUN. The use of heat guns is limited to electric-powered flameless guns
operating below 1,100 degrees Fahrenheit. Hold the nozzle of the heat gun three
to six inches from the surface. Allow the heat stream leaving the gun to merely
soften the paint. Do not allow the paint film to scorch or smoke. At the very first
sign of paint softening, blistering, or bubbling, discontinue the use of heat and
immediately scrape the loose paint off the surface. Under OSHA regulation 29
CFR 1926.150, a fully charged ABC-type 20-pound (minimum) fire extinguisher
must be available within 100 feet of work utilizing a heat gun. Respirators for
workers using the heat gun shall be equipped with both a HEP A-filtered cartridge
and an organic vapor cartridge.
2. REP A SANDING. This method uses traditional electric sanders such as disc,
orbital or vibrating sanders equipped with specially designed shrouds or
containment systems that are placed under local exhaust ventilation. All exhaust
air is passed through a HEP A filter using an ordinary HEP A vacuum to reduce the
amount of airborne particulate lead. Sanders equipped with a shroud must be in
constant contact with the work surface. Respirators equipped with HEP A-filtered
cartridges must be worn by workers using sanders.
3. WET SCRAPPING. This method of lead-based paint removal can be performed
using a spray bottle or sponge attached to a paint scraper. Wet scraping is often
used to remove loose and flaking paint prior to paint film stabilization or
encapsulation. Lightly mist the surface with water from a sprayer or sponge.
Loose material should be scraped from the surface and deposited on the
polyethylene plastic sheeting. Paint chips should be cleaned up as soon as
possible to prevent tracking them throughout the regulated area. Respirators
equipped with HEP A-filterd cartridges must be worn by workers wet scraping.
LEAD-BASED PAINT ABATEMENT
02065 - 5
4.
REP A VACUUM BLASTING. Vacuum blasting is appropriate for metal, brick,
concrete, and other masonry surfaces. Various blasting media can be used (e.g.,
alUlIlillum oxide, metal shot, walnut shells) depending on the type of substrate.
The blast head must remain in coninuous contact with the surface to avoid
dispersal of both the blast medium and particulate lead. Outfit the blasting
equipment with a device that separates the blast media from the paint in order to
reduce the volume of waste. Blast media may be decontaminated and reused.
Respirators equipped with REP A-filtered cartridges must be worn by workers
performing vacuum blasting.
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5.
REP A V ACUUM NEEDLE GUN. The needle gun is appropriate for metal
surfaces but may cause significant damage to masonry, wood, drywall and plaster.
Metal needles rapidly pound against the painted surface, dislodging the paint. A
REP A vacuum connected to the gun head draws paint chips and dust into the
vacuum minimizing the dispersion of lead dust. Losing shroud contact with the
surface can cause the deposition of significant amounts of chips on the
polyethylene plastic sheeting. Chips should be cleaned up as soon as possible.
Respirators equipped with REP A-filtered cartridges must be worn by workers
using the needle gun.
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C. Dry scraping and chemical paint removers are not approved for this project.
D. All waste materials generated by the stripping operation shall be segregated by type of
waste:
1. Stripping waste and paint chips shall be collected and placed in a 55-gallon open-
head steel drums equipped with a locking ring.
2. Waste water and personnel decontamination waste water shall be double filtered
and placed in 55-gallon open-head steel drums equipped with a locking ring.
3. Cleaning rags, mops, respirator filters, and filters from hand tools, shall be placed
in a 55-gallon open-head steel drums equipped with a locking ring.
4. Incidental polyethylene plastic sheeting, disposable suits, gloves, and other
personal protective items shall be decontaminated by REP A vacuum and/or wet
cleaning and disposed of as general construction debris.
3.5 REGULATED AREA CLEANING PROCEDURES
A. The Contractor shall REP A-vacuum and/or wet clean surfaces exposed by stripping
operations, and surfaces of polyethylene plastic sheeting installed as part of the
containment system, a minimum of two times before proceeding with the visual
inspection.
B. Start REP A-vacuuming at the highest point and work down.
C. After thorougWy REP A-vacuuming all surfaces exposed by stripping operations, all
surfaces, including polyethylene plastic sheeting installed as part of the containment
system, shall be thorougWy and completely cleaned by scrubbing with a 5-10 percent
TSP solution and rinsing with clean water.
D. Start TSP washing at the highest point and work down.
LEAD-BASED PAINT ABATEMENT
02065 - 6
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E. Allow sufficient time for the surface to dry thoroughly between the fIrst and second
cleaning.
3.6 VISUAL INSPECTION
A. The Owner's Representative shall visually inspect all surfaces exposed by stripping, and
surfaces of polyethylene plastic sheeting installed as part of the containment system, to
ensure:
1. All lead-based paint identifIed for removal has been stripped as previously
specifIed.
2. All surfaces exposed by stripping of the lead paint, and surfaces of polyethylene
plastic sheeting installed as part of the containment system, have been thoroughly
and completely fIEP A-vacuumed and wet cleaned.
3. There is no visible dust or debris remaining on the surfaces exposed by stripping,
nor surfaces of plastic sheeting installed as part of the containment system.
B. Once the Owner's Representative has confIrmed that all areas identifIed to be stripped of
lead-based paint have been properly cleaned, complete the "CertifIcation of Visual
Inspection" attached to this Section. Pinal payment will not be made until this certifIcate
is provided to the Owner.
3.7 _ DAILY AIR MONITORlNG
A. The Owner shall engage the services of an independent testing laboratory to perform air
sample collection and analysis to document lead dust levels during abatement. Cost of
these services shall be paid by the Owner and are not part of the Contractor's cost.
B. Personnel air monitoring to comply with OSHA regulation 29 CPR 1926.62 is the
responsibility of the Contractor and shall be performed at no additional cost to the Owner.
Personnel monitoring, if performed by the Owner, shall not be made available to fulfIll
the Contractor's OSHA requirement.
C. A minimum of four area air samples shall be collected and analyzed for total lead on a
daily basis:
1. One sample shall be collected up wind from the abatement activity. The sample
shall be collected on the same level as workers.
2. One sample shall be collected down wind from the abatement activity. The
sample shall be collected on the same level as workers.
3. One sample shall be collected from within the immediate area of the abatement
activity or on the ground below the abatement activity. A personal air sample
may be used for this purpose. If taken from a worker's breathing zone, this
sample will be for the Owner's use and does not relieve the Contractor from the
responsibility of performing his own OSHA personal air monitoring.
4. One field blank.
LEAD-BASED PAINT ABATEMENT
02065 - 7_.
PART 4 - WASTE DISPOSAL
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4.1 TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP) TEST
A. The Owner shall engage the services of an independent testing laboratory to collect and
analyze one sample of each type of waste generated by the LBP abatement activity.
Samples shall be analyzed using the Toxicity ,Characteristic Leaching Procedure (TCLP)
for heavy metals to determine if the waste is hazardous or non-hazardous.
B. As a minimum, one TCLP shall be conducted on each of the following:
1.
2.
3.
Stripping waste
Filtered TSP wash and rinse water, and personnel decontamination water.
Cleaning rags, mop heads, filters, etc.
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C. If TCLP test results show that any of the waste materials generated by the work contain
five parts per million (5 ppm) or greater total lead, the materials shall be disposed of as
hazardous waste.
4.2 SOLID WASTE (NON-HAZARDOUS) DISPOSAL
A. Waste which has been evaluated by TCLP and determined to contain less than 5 ppm
total lead can be disposed of as solid waste in an approved landfill.
B. Debris such as cleaning rags, mops, filters, etc., shall be disposed of in steel dnrms or
transferred to leak-tight, 6-mil polyethylene disposal bags.
4.3 HAZARDOUS WASTE DISPOSAL
A. Hazardous waste shall be disposed of at a hazardous waste disposal facility known as a
treatment, storage and disposal (TSD) facility. A TSD facility must have an EP A ill
number and authorization to operate. It is the responsibility of the Contractor to ensure
that the TSD facility meets all legal requirements.
B. Hazardous waste shall be transported to an approved TSD facility by a hazardous waste
transporter. Transporters must have an EPA ID number and must meet U.S. Department
of Transportation requirement for shipping containers.
C. The Contractor shall ensure that all methods and procedures utilized for solid or
hazardous waste disposal shall be in compliance with applicable EP A, OSHA, NIOSH,
State of Georgia guidelines; and the EP A's "Understanding the Small Quantity Generator
Hazardous Waste Rules" guidebook.
4.4 WASTE DISPOSAL SUBMITTALS
A. Prior to disposal of any waste generated by the LBP abatement activities, the Contractor
shall submit the following:
1. Copies of TCLP test results and chains of custody forms.
2. Copy of a letter from the Contractor to the solid waste landfill where the non-
hazardous waste will be disposed of describing the materials that will be
LEAD-BASED PAINT ABATEMENT
02065 - 8
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deposited in the landfill, their lead content, and the disposal procedures to be
utilized.
3. Copy of a letter from the solid waste landfill documenting they will accept the
non-hazardous waste described in the above letter.
4. Copy of a letter from the Contractor to the TSD facility where the hazardous
waste will be transported describing the materials, lead content, and the disposal
procedures to be utilized.
5. Copy of a letter from the TSD facility documenting they will accept the hazardous
waste described in the above letter and describing the disposal procedures to be to
be utilized.
6. Detailed procedures for the temporary storage, containerization, and
transportation of the non-hazardous waste.
7. Detailed procedures for the temporary storage, containerization, and
transportation of the hazardous waste.
B. Copies of the Uniform Hazardous Waste Manifest for hazardous waste disposal must be
included in post-abatement submittal packages.
PART 5-
PROJECT CLOSEOUT
5.1 DAMAGE REPAlRAND CLEANUP
A. Any damage or destruction caused to surrounding structures and/or facilities by the
Contractor or his personnel due to negligence or the use of unauthorized abatement
methods shall be repaired or replaced by the Contractor at no additional cost to the
Owner.
B. At the end of each shift, the Contractor shall execute a construction site clean-up to
remove all non-lead debris, waste,.trash, etc., generated by the Contractor's workers.
5.2 CLOSEOUT DOCUMENTATION AND REQUEST FOR PAYMENT
A. Contractor shall submit three bound volumes of the following documents to the
Consultant for approval:
1. Proof of insurance naming the Owner as additional certificate holder.
2. Verification of abatement supervisor's experience and training in lead-based paint
abatement.
3. Verification of worker experience and training in lead-based paint abatement.
LEAD-BASED PAINT ABATEMENT
02065 - 9
.
4.
Medical examination report and blood lead level tests for each employee of the
Contractor who was involved in the project. Blood lead level tests must have
been performed prior to start of abatement activity but within six months of start
of abatement activity and again following abatement activity but within 30 days
following abatement activity.
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5.
Respirator training for each employee of the Contractor who was involved in the
project.
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Copy of Material Safety Data Sheets for all products incorporated into the work.
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7. Copy of daily logs maintained by the Contractor's supervisor.
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Copy of release of lien for any suppliers or subcontractors used.
9. Copy of Uniform Hazardous Waste Manifest Form.
B. Documents shall be bound in three separate volumes and the cover labeled with the
project name and inclusive dates. Bound documents and three copies of Contractor's
request for payment shall be forwarded to the architect.
C. Once submittal package is reviewed and found to be in order, documents and request for
payment will be forwarded to the appropriate organization for payment.
END OF SECTION
LEAD-BASED PAINT ABATEMENT
02065 - 10
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Performance Bond
(
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:&xrl fu. STI257
&ecuta:l :in six C 6) a:unterp3rts.
luJy singulaI reference to ContractOt, Surety, Owner or other party shall be considered plural where applicable.
NTRACTOR (Name ant. Address): SURETY (NBI11e and Address of Principal Place
, ' k!nn-im Disrnnt.lara1t Corp. of Business):
.ul~'" 1411:J\ Fidelity ani <1laranty Imurarx:e 0:np3ny
I 78 Sawyer Rd., 'ltnamrila, NY .N
57?/) Widemters Parkmy
~WNER (Name and Addrel:s): __ ILwitt, NY 13214
I A1t,ousta, Q:mgia, BY ani 'll1ro.1g}:1
. tiE Augusta-Riclmni Carrn:i:ssim, 5:1) Greere Street, Augusta, GA DJll
- -"-. -CONTRACt
~IDate: CX::t:OCer 31, 2fJJ2
_~ Amount: c:::kE H..n::l!:cl Nireteen 'JlnJsarrl Six H.n:rlra:lThn ani 00/1(X}-C$119,610.oo)- "
~Description (Nam~mttLo!;atioIl)~Bid_ltan_l\b._02=146,:M; E1evata:l W:lter 'lank, :Br:u\n Rooi, D:nolitim Ih:lse
!' Pari fu. 10425
rg:> (Not cal"lier than CoIllra~t Date): CX::tob2r . 31, 2fJJ2 /1(X}-C$ll9 6' '0 00)
I ~oUl1t: c:::kE H.n:rlra:l Nireteen 'JlnJsarrl Six H.n:rlra:l Thn ani 00 , '.1: .
: Modifications to this Bond Form: :N:rle
SUrety and Contractor, iotendirlg to be legally boW1d hereby, subject to the terms printed OIl the reverse side hereof, do each caUSe this
pctfonnance d ~_be dul:' executed on its bebalfby ia authorized officer, agent or representative. ,
.,
CoNTRACTOR AS PRINClP AI..
: Company: (Cotp. Seal)
SURBTY
Company:
SURElY
: Fi.delity ani <1laranty (Corp. Seal)
Sigllature; ~ ~~ "::i!\ '\ -\ '; :
Name and~: . JaIBS L. D:ner, At~);j5~J?aCt ~ >;j
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(Coq):Sealt_ "
, Sil;I1ature:
Nathe a.n.d Title:
Si.gxJature:
Name and Title:
EJCDCNo. 1910-28-A(1995 Edition) .., , . '.. ,
~kilaUy prcpare4 tbrougb the joi1lt cffOfTS of tho Surety AUociation of America, EDginccf810iDt Con1l'lli:l Doc1lmCntll Commi~c. \be A3s0ciatcd GmleraJ
~~ctors of Aromca, and lIle Atlle1'iclIllmstitule of An:hi~cu. '
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I. The ('.Ql'fCMc:rO:'-. and the Surety, jaintly and sev....uy, Qind themselves. their '
bc.in. e.xc~ulal$, adlll;llisttatOI1l, succe$$OfS NlI1 a.G$iglU :a tho Own~ fot tho
per!onl:lUlce oftbc COI,tJaCl, ",lUch is ineorpo~tcd berem by reft:l'tncc,
2. Iflllo CONTRACi()R. pClfonus the Co~lfect. the Sl\l'ety IIld the CONTRActo~
lu'" JlO obligatial1 un(ccr this Boud, except to p~rti(;ipatil in <:ol\flll'= U pravil!ed
i.o parugrap1l3 ,I.
3, If !hrre i& ~o OWN3R Der,,1I11, lb" Surely'. abliga.tion r.lI\:lcr \his l:lolId.bi\l1 we
aft..:
3.l. The Owr-l!R lw notifi.d, the CON"ffiACTO:s. an:\. th, Swoty .t the
"ddto~G.:' described ;.~ pUI\?laph 10 b"l(lw, tbat the OwNER il oanzirlering
decl;u\~g . CONTfV>CrOR Dor.~vll and hu T'Cqucstccl (\I\d attolrllVtecI to a1't2llge ·
c"iuC\1uce with the C ONTRAC10lt anO the SI,lcty to be beld nOI1atCl' tban tifte."
da~ ~"cr receipt of l.llCh !lotic" to clisc~ methndi of pcr':'onnlng the Contrae'l. Tf
Ih~ OW\'lER. the COlfrRA.CIOR IlId Ihe Swet}ll;rce, the CONTRACTOR sball be
allOwcd a reuaDi,b\4 time to p.tfoIm Ihe Conlract, bllt ,uch om agrcCllle~,t shal1 not
w.ive tho OWNER'i tigllt, if lllIY, subnqucl1tly 10 dc"lllre a CONTIL,-CTOR
Default; :uu1
'.1. -rhe OW~R ha:: dccl,lttd a CONTR^crOR Default and formally
terminated the CC NTRACTOR's right to ~0\'(\plet8 the Contract. Sud1
CQN"mAC1'O'R Dc::'~lt 5M1l tlOt 1,\c declAred ewlicr th:Ul 'tWenty ~ys ..fler the
coN1':I,l.ACTOR m<llht Surtty bve received. uotioc III p~ovided iA parngrapD 3,1;
and
J,), The Qw-ffiI\.lw llgr.ed to JIlIY the Balance orm. Col1tral;t PTicc 10:
J,~ ,1. The Surety i,l ac,or>1llnoe with 1he:mtll oftbc CoI1\To1a1;
),: .'1 Molllet ,onttal:1l)( sel~teQ pu:rsWllll to \l~ 403 to
perform the CoI1tr;\ct.
4, Wb~ tho OWl'ER has s~tl~ncd the conditiOIlS of JW1IeTilph 3, thll Stu.~ s~1
plon1plly me! st the Surety's CltllOOSt take one oCtile following I'tiOlU:
4.1. MlIlIgt for the CONTRACTOR. with I;(>nlcut of tho OWNER. to
pcrl'ortJ'lIld compl"lt the Colltnc;t; lll"
4.'2.. TJlldm: ,k.!l to perfonu IWl ~omploto the Cannet i\Se1f, ~\li~ ,its agents
or IlIfOllgn illdcpen 1aIt ,ontt~IOtl; or
4.3, Obtsin bids or negol"tw pfopapl, frOlll qualifi~ ooulrlletors a~tlltabl.
10 the ovrnllR f'jr & contn<ct ror flCTt'omwu;e ;l~d campletion (If tho Conmc~,
lll'tal1ge for a cO!1tl'LcI to be prepared far ~"cution by the OWNeR :tJ\:\.lbe C01\trAClor
selecled with the: OWNER'I ~ol'Cllll'encc, 10 be 5C(:1I(td with pcrfonNID~ ~d
pa)'n'.nt bonds Cl\~~ by a o,ualU\ed suretY equinlC1\'; 10 lb. Bow issued on the
Contla.ct, Slid pa)! to \be OWl'f'SR. th8 :unounl of dam"SelI u described in p~h
6 il' cxcesS ot' d!.. Bol~ oC \lie Contner PriC4 inellmd bylhc OWNER. nsultiuc
[!'Om the COl"nACTOR Da!ault; 01
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4.4. Wa.i,V( i~ right 10 perform and COIIlpletc. .il1'tlll1&e . for mmpletioll, or
Obtai!! a (lCW cont:actor and with reuo~ble PlDlllp~~:~.~,~o .CilCUllUit;\l\cea;
4.1,.1 AAer !tIVcstigatian, dctenu.illC eo unOUtlt for whi~ it m~Y
~ l~'olc to !he C'WNER. and, " soon as practicable aflct the IlI1\OWl~,ia ,e!etc~
tendu payment tltetefor ta llle OWNER; or "
't'. ;
4.U Deny liability in whole or in pari alld notify the OWNER
citin, rt:l..Ollli rll.:tll!ol. "
5, If the Surely docs nol placted .~ provicle4 ill ?~gnpb 4 with rtaSo~blc
prompll\C1S, the SloIIety lhilll be deemcd 10 bIl in derilllt on this Bondfiftl= ~ys
aim recc\pt of ~ additional writtlm !lOti.. trom the OWNER. to thll Surety
d.m:b\din& that lit Suret)l pc:rrom Its obligations \llIdcr thh Bond, l5Ildlh'l OWNn
sl1~ll be entitlec, 10 cn1'orce IIllY rClUCdY available to tile OWNER, If the Surety
'prucccda as P'l,.,idc4 in pUlleraph 4.4, ~d thc CWNal reNses thcpilytUllUl
te\'ldcrcd or the :;urcty bu dCllied . -
pliability. ill ...hole ar il\ pan. withoutl\u'thcr Ilociee the OWNF.R~hllll be ~llcd II.
eDfcme my relllOOy "vailable to the OWNER.
6. After \be OWNER br.s ~mW:l~tcd the CONTRACTOR', ri~hI 10 colllplcte II.
Contract, Uld if Ihe Suret'J clCl:ts to act \\lIdr:r p~ph 4.1, 4.2, or 4.3 above, the,
the Icsponribilities of lbe S1IICIY 10 the OWNER shtll UClt be grCi.ter than thou of th
CONTRACTOR '!Weier w Collttilet, ;\lid the respau:si'oilit\es af the oWNER ta tl:
Sl!tety Bha\lllot ~ ~ealG1 QQn !base of the OWNERllllOer lbe COlltn't, To a tin>
nf the ilIIIO\lllt ar lJolis Solid, but subjecl to oomtIlitrnCllt by rhe OWNF.R of tl
Balilllce of the COtltracll'rl~ to mitigation of casts CIld d.am~41 011 the Contract. I)
Sv,~ty Ii obiif>,lUcd without dUl'lic:ltinn Cor:
6.'. Tb'I r<::\lOtlSibilitics of lhe CONTRACTOR. for correction of defect;
Wark ud completion oftl,IC Coo,,~er;
6.'2.. Addltlolla\ leilal. dtsign plofcssicual md delay co~u resultiA~ !lorn 1
CQN'l'PJ.CTOR'i Default. ,Ir.d rCilllling frout the IIc4(1!l!l or f;\iluro 10 acl of :
~ety Meler par.gcal'b 4; and
6.3. Liq\lidt.tcd dilrll~gCli. Of if ua liClui~td damilg!S ale lpceified in
Conttaet, ac\uOll damBg<lS causcd by de~)'ed pcrfonnancc O( nCIl-perfomw\ce of
CONTRACTOR.
7. 'IlIe Swe~ sball DOt be lii>ble to the OWNER or otht.!~ ior o\iligauolll of
CONTRACTOR t1ut :l:'e ~ln.tcd to \he Contract, lIJld the BalallCC or ~ CollI
Priec Ib;.U not be !educed or ,et on 011 ac~unt of MY such IIUrclated oblig;>li<
No right of a~Ol1 shall .= aD lhis Baod ta my ptrJOll Or entity other th:m
OWto."ER. 01 Wi heirs, Clte.....IO~, adzrti~lors, 01 SUCCClsorS.
8, '('be S~JY hereby waives lIotice of :illY chMse, including clmngcs oC lillle. to
Q)ntracl o'i'bl ro14144 subt;allt=ts. pwcbue orden lIolld other e>bliSJLMIIS.
9, Any pt~editlg, leg..1 or equitable. II{\l1cr Chis 130ud milY be iltstituted in
caurt of co~telltjwisdlction ill the laealiotl ill which the Work Or part ofthc \
is located. t\od sball be iAstir..t(Cd within two yew a1\cr CON1IV.C10R Defat"
within two YClU1/ after \he CONTRACTOR ceased WOtldnZ 01 within t'NO y-..m
l1\c S\II'ety rct'us'ls 01 falls to pe.tfonn i~ o\)ligatioltS UIlder this Bone!, whiel
occurs fltst If \be pravisio,lS of thiJ pDt'~tmpb are void ar prahibi:ed by )lI;
rninimuJ\\ period of limitation ~vaibllle to ~cties 1$ a c1cfen.~c in tb.e juris<lioti
the suit shall be I-ppliCOlbl..
10. Nat\ulO the SWllty, the OWNl:R or the CON1'1\AC'TOR. shall be alail
cIclivut:d to \he addreSs shown on the rilllllltUl* pagc.
II. Wben t\I il BOlld hLs been fumishcO to ",lllply with a sbtlllory or Oth',
lequiremel'll ill the IQcation where lite Canll'act Wil$ \,lC perfurmed, ....y pravis
this Bond cot1ftil:tinS with SI,id slAIIltotY or 1~8a1 rcqu\rtmCllt shall be d
dele led here from and ptovisio1'l5 conronoin~ to iUch Statu.lOr)' or othcr
r8quitelQeIrt s~'l be deemed incQtpanled berein. The in~r.t is !hat this Ball,
be collStrUed as a liCItulOry bond tnd oor u a common law tx.Dd.
1:1.. Ilelil1itiolU.
11. \ Balante of the Conttacr Price; The t'Otal artlOlmI payable QY the 0
CO the CONTRACTOR under the CQntr1ll;1 after all pt'Opc:r lId.jU6llXleufS Ila\'
tJ\adc. iIJcludiug allowance to tho CONnActOl. ohllY llIlIo()\IlIls received (
received by the OWNER m scttletu/lnt of inllln1lc:e Dr gill... Claim.s far dam
wl1ic:h the COl>rmActOl\ is en\itled. reduced by'au valid &lid propel' p"
ltIOde to or on behalf of !be COJI/TRACTOR under the: C:lntCl'ClL
12,l. Con~t; The Ill'eeracnt betweca tN: OWN~ a:Ild the CONtR
idootiJi..d on the sienatun page. il'cludin& IIll Contr'lDt DQCUlllellts BIld
thereto.
12,3. CONTRACTOR Default: Failure of tile CONTllACTOR. w~
llelthcr hem ~~diecl nOr waived, to perf'onn 01 otherwise to comply with I
of the COl:ltrnc\.
1 'lA, OWNER Defwl: F&l1uIe of the OwNER. wbic:lt l1a$ ueill
r=cdied. nor waived. lQ pay the CONTRACTOR II rt~u!:rcd by the Conti
pcnoltllllDl1 cOlllPlelt Qf ealllply wilh the other tcIm:I tIIereoC.
00610-2
Pt:n:l N:>. STI257 Payment Bond
&ea1ta:l in six (6) COJI1teq:arts. ,
Any singular ref >rCDce to Cont-actor, Surety, OWDtr or other patty shall bc considered plural whero applicable,
'--.-.----.
.."-,--
JNTRACTOR (J\'amc aud Add4ess):
Hrp:ire Dismntlerent Cmp. ' "
78 Sawyer Real, Tcn::1mrrla, NY 14150
VNER (Name alld Address)
Auoousta, Calrgia, By arrl Thrcx.JgJ1 t:lE
Auoousta"Ridm:n:l O:mrrissim, 530 Greere Street,
Augusta, GA JBll
lJ\rrRACT
ate: CCt:ol:Er' 31, '2fJJ2
mOlUl(: <::x:e H..n:1rai Nireteen 'lloJsarrl Six H..n:1rai 1En arrl 00/1CD--($119,610.00)- ..
cscriptioIl (Name and LoCaltOc): Bid ltan N:>. Q2-146, :M; Elevata:l vater Tank, Br:'c:w1 Real, D:mllitim Ihlse
lhrl N:>. 1~25
SURETY (Name and Address ofPriucipal Place
of Busiuess):
Fidelity arrl GJaranty In<3uraJ:"re Carpmy
5786 ~ters Parkway
Iavitt, NY 13214
'NTI ,
eN t I, .1..__ "-n'" .t D t), CCt:ol:Er' 31, '2fJJ2 .~:
<'ote 0 ellr ler U>4U '^' ...aL a e . / ($119' 610 (0)
mount: <::x:e I!nrlre:l Nireteen TInusarrl Six H..n:1rai 1En arrl 00 1CD-- , . -
ocli!ications to this Bond Fcrm; N:rE.
e~y and CODlractor, inrendiI: g to be legally bound hereby, subject to the terms prmted on the reverse slde hereof, do each cause thi.~
mcnt Bond to be duly execllted on its behalf by its autho:i.zed ()!'ficer, agellt, or representative,
SURETY
Company: F.idelity arrl GJaranty (Corp, Seal) ~ _ '.
~~l~mp:my e.\:v: (,.
SignalUle: ~~, tf!~ ,_ ~':,--,,-::._:,...;; '.
Name and itle; Jares L. Lffier, Att-~""':'I.n:-:E8Ct. --.'"' ":", --:;
.........--J:/- ~ ,
(Attaeh Power of Attom.ey) ; ;: :' ":'~ /"
- c.. /:I -.....~..... ~ :=: -=:::~ '"
-;. ~ ,'4'_ '~v.'~, ~ . :: ", - ~ 'C'\
ace'!is p,r6v!dcd bei,ow:.(of'Si-~tures ofadditional,puties, ifrcquired.) "" ".' :'~ ~;;.. v.,
......? ,"':,~" ---...--:~~,' ....~, ,.~ ":' /". ..........
--.....-'1-: ";.7C". \.. -:\,',,,..... ................;:. . . ,_:,,~ ...... ,r
.-,..". .. ...,\ :"I."" - --:., r7' .......
')o-~,.,,,,, ..... C
" "./;". :
NTRACTOR AS PRINCIPAL
1ll1pany:
(Corp, Seal)
SURF.TY
Company:
'.... .
(Corp. Seal)
~ature:
une and Title:
Signature:
Name and Title:
:DCNo,1910.28-B(1996I:dition)" ,
iaally prepared through the jllintll~'Oru ot the Surety Association of America. EneiA"" Joi,;t Cootnet Documcn'.$ Committee, the AsJociatcd'CXnerd!
r:lClDr~ of America. the AmcnC.1n !nstitute of Architects, tbe Amencar. Sllb60o.ir~tQTS Aslocilltian, lltld the AS$oci~tcd Special~ Cofltractors,
00520-1
1. The CONTRACTOR iIIld th~ S~rely, joil:ltly aud severaUy, bind them.~ve:;,
their'hciIs, eMCllloni, admini~lrators, successOrS and assigns to the OWNER to pay
for labor, mall:rials ll1ld equil/m~t tumlshcd for use in the pmbl'lmnce or Ille
CoII\net, wllkh ill mcOtpOtlltM herein b}' ref'erCl1Ce.
2, Willi respect to Iht: 0 WH'HR, this obli~l:io[l .llllll be null and void if the
CONrRACTOR:
2.1. Prnmptly ma\oc$ 1"\)'IMUt. du:t;tly or illdiltctly, for aU .I1m. due
c."'\aill1l'llts, au<3 '
2.2. Defends, inclemniii:s and holds humlw: the OWNER frOm aU elaitm,
demanOs, liens or 8uif8 by an:' pm;or. or elllity who furnished labor, !l1lIteria18 or
equIpment far usc l.n t1\c per!c n\llll1ce of thl: Conlnlct. provided the OWNER has
!lromptly notified the CONTIl ~CTOR Ql\d me Sut't:)' (at the addre:;~ d=nbed
in pUllgrnpn 12) of an>" ell;"'" c1crnsl'(js, liens or suit$ J.t\d ttuden:d defense of
such cl,\ims, detnands. liens ~: suits to the CON"P..Ac.:TOR ~nd the SWllty, and
pt(lVidc..'i there is no OWNER J..!aulL
J. With res,cet to C:lainw!.S, this obHr.etiou shAn be null m'.d void if thc
CONTRACTOR prompUy ma.':<lli payment, directly or indircct~y, for a\l SUIIlS due.
4, The Surety shall h.\veno otlig:ltion to Cl~ltl\allts under WI Bond until:
4.1. Ciaimanll! who 11(0; employed 1>y or havt n d~t co'lltmet willl thot
c(.'NTRACTOR have given wtiee f41ltlC Surety (at ttle addresses desm'bed in
l'L'gtapl1 12) anti set\t n COp". or notice thereof, to the O'W"N6R, ~ting lI1ar Q
~lilim>> being nwdo under thi: Bond 'and. with substantial accwacy, the amolIrtt of
t:-..sc;laim. '
4.41, C!(IitnnnlS who do 110t have It d~et ClInln.et with the CONTRACTOR:
1. l:-{ave tilrnished wriuen notice to the CONTRACTOR II'Id
$lmt a copy. or lIOtice thcreol, to the OWN'!::R, within 90 cl~ys a..'Wr having last
prnorme<l \:Il)Qr or last {umil bed maumatJ or equipmmt inelu4ed tn lJIe olalm
swllli. wid! sUIlSWltialllccur,lcy, tile lImount of the el~lm and the name or the
party to whom the I'l'llItoriab W:lTO furnished Qf" sUjlplied or for wnom!he labor WlIS
done or pcnormed; and
2, Ha"e eil.bcrreccived a rejeelion in whole aT in. part from ~
CONTRACTOR, or not re~i ',ed wil.'\in 30 (fIlY' of !\lmiShing the, .1>ove notice
any co=icarion from the 1,:ON11l.ACTOR. by wnlch the CONTRACTOR. had
it,d:cated U~ claim WIll be pai.l dim:tiy or indirectly; lnd
3. No! hl\ in! been paid within the abcvc 30 d:l.ys, have $Cnt 11
writttn llQti~ to !he S\ll'ety ~:1d sent ;I copy, Or noli<<: thmIof, to the OWNllt,
sblting that a eWm is being I~e under thj, Bond :\1\<1 entlosing a cop)' or the:
previoU$lNrittm notic: tiJrnlil:ed to d1c C01>CTR.ACTOR.
5, Ie a notice rcq~itetl b)' pMlgr;1pb 4 u given by th~ OWNER to !he
CONTRACTOR Dr to the Surl'ty, that Is 5u4'lcilll1t eomplillllClC.
6. WMn the Clalmant ha.:l sl1Hsfic:d the coii<ll~onsofplll1l~1'1l4. tl\e SlJ.r'el)' Shall
p:Oll'll'llyalld lit the Surcty'3 e; :pauc tah the folloWing BCli01lJl:
6.1. Send an all$Wcr to ::l1e C1:1imant, with a copy lQ .the 9WNER, withil14~
d~ys aftet' receipt of the cl~m, atating !he aJDOW)ts !hit me, un(I(sp\lttd llnd the
b~i3 for ~lenging my amo rots tl1at am disputed.
6.2. I'ay or lllTl1nec: for ;ll\ymcnt of MY undisputed lll'lOUIlU.
7. The Surety's tobl oWgalilin sh:1l1 not ClCCel:d tile amount of lhis Boad. :\I1d the
:llwunl of !his Bond shall be ;redited for illY payments made in.good f:litll by the
Surety.
g, Amoun~ oWGd by the: CWNER to the CONTRACTOR undcr thc COl\ll'c\et
sh:..ll be u..'lCd fo: the petfon:l~'U\Ce of the Contri\et and. to satisfy claims. if IllY,
\Jntier any Performance BOI~d. By the CONTRACTOR t\trnlsbine at\d the
OWNER Sl:ccptU\& Ihi.i B )tlO, they ngree thnt llll tilIul.s c:amed by t!te
CONTRACTOR in !he perlormance or the Co=t ue dedi~d to SAtisfY
c I)liBati01"S of the CONTRAC:TOR lIrId th. S1.ltOCy uader this BOtld, subject !tr the
IJWNKR.'s priority !D use the :\Jnr:\$ for tlIc c!,!mpletiOf\ oithe Work
9, The Sun::ty s}:1all not be liable to the OWNER, Cla!m:ll1t5 ()1 ctACTi for
obli!l:ltlollS of the CONTRAC'rOR that :ll'e umeli1led !tr tl:1e COOfat:L n.
O~R shall not be liable (or p:lyn=t of any costs or e~c::i of allY Claimant
IIl)lSer 1his Bond. and sb:lll have under tWs Bond no obliillllioll~ to _lee p?o}men~
to, give Dodoes 011 behal! of. Or otherwise bave obligations to ClairnanQ; undcr thi~
Boo<l.
10. The SUrety hereby waives notlce of any clIange. including ~h.'Ulgl:8 of time. 10
the Contnet Dr to related S\lbc;o:1~t;. purchase Orders aJ:ld other oblieatlons.
11. No luit or :sctiQll shall b. commenced by n ClallTlil1lt I.:lIdcr this 3lmd other
tIl'lr. In a court of compc!l;nt juri~dictioll in the l~tion in which the Worle 0' pat'!
of the Work is located or st.t:r the /:xpirution of ODe YC3l: from the dati: (I) On
which the Clllm~nt gave the notice: requu'ed by plll'e.grapb 4.1 or par.:lgnp/\ 4,2.3,
or 0.) en whlell the !.ast !.abCIT' or service WtIS p~formed by anyone or the 111s1
materials ~I equipmct'lt were furnished by anYO'lc Ulldct' t1\e Cunstrucann Contract,
whichever of (I) or (2) first ooe\l111. If ~ ~rovisions of t.>us par~graph U'C void or
prohibited by law, the lrinimum period of limitation i1"ailablc to s~retiel as i1
deft!llSe in the jUl'i$(Iiclion of the ~uit wJ1 be applicGble.
l2. Notice to the Surety, the O'NNER or the CONTRACTOR shallllc mailed Or
delivered to the addresses shown on the sijpl:\llIre p:lge. Ac:l\la! receipt of1l0lice by
Surety, the OWNER or thc CONTRACTOR. however accomplishet~. &hall be
sufficicmt eompl;ar\ce as of the date received at the ~~ shoWn en the sigllature
page,
13. When thu Bond b:Is beeu furnished to eO\fll)1y with a stlItulOry OT otbeT legal
requirement in the locatioQ wtr:re 1he ConltaCI was to be performed, my pTovisic)l\
in this 600d conlli~ willl ~ll.ill ~tUlOty Or legal requiIemc:nt shall be deemed
deleted hcrefiQm alld provision:; confomlln& to S1lCh s\lUlJ lOJy or other lcgal
reqUin:mllnl .!tall be deemed incozpomted herein. The inlcnt is, tllllt this Bond
slulll be eOallrUcO as a SI1l\ltory Bond and \lOt d 1 eommon Ilw bon",
14. Uponr~uestofany~On Or entity appearing tg oe apolCtlti3t beneficiary of
Ibis Bond. lhe CONTR.<\CTOR. s~ promptly fuI'l\isb a copy of this Bc:.nd or ~1Ia1l
permit a copy to be m3de.
1.5. OBFINTI10NS
15.1, C\.1imant: Iu1 individual or emlty havUIg. a di1ect cOntn!ct with the
CONTRACTOR or with a Subeontracltlr oCthe CONTRAcroR to furnish ~'oor,
material. or "'Iuipmc:llt fo, use in the perfcmlAllce of the CO\lwc:t The intent of
Ibis Bond sh~11 be to include without limitation in the terms "labor, material, or
e.quipmeat" that part of WIlle(. ~as, power. light, heat, oil. gasoline. u:lephone
sctVic:ll or n:ula1aquiprnent used in the COnlrl(;t, lIlChiteetunl! ICtd cnginceriIlg
stTVi~ requued for pclformanoc of the Work of the CONI'RACTOR lllId the
CONTRACTOR', SUbcor,traeton, and all otl:1cr items fur which a mechanic's lic:n
l'Nly be weTted in thl; j\lrtsdiction wh~ the labor. malc:rials or equipment ~
furnished. .
15.2. Coolnct TIll; aglecmcnl between the OWNER md the
CON1'I(AC"TOR 'identified on, thc" Jigllatuyc page, ineludini all Contrar;t
Docu=t1ts and changcs pthereto: '.., ... "
lS,3. OWNER Default: Pailure of 1he OWNER, whieh bn.s neither been
remedied nor waiv9d. to pay the CONTRACTOR. lIS required by the Cc,n1fll.l:! or to
pcrfrmn and oomplc:t1: or comrly with the other tcml5 thereof
00620-2
ACKNOWLEDGEMENT OF PRINCIPAL
STATE OF NEW YORK
COUNTY OF ERIE
On the 31ST day of OCTOBER, in Ule year 2002 before me personally came
DAVID M. MAZUR to me known, who, being by me duly sworn, did depose and say Ule
he/she/they reside{s) in GRAND ISLAND, NY Ulat he/she/uley (is) (are) Ule PRESIDENT of
Ule EMPIRE DISMANILEMENT CORP. t1le corporation described in and which executed
the above instrument; t1lat he/she/Ulcy know(s) Uleseal of said corporation; t1lat Ule seal alExcd
to said instrumcnt is .such corporate seal; t1lat it was so aflixcd by auulority of t1IC board of
dircctors of said corporation; and t1lat he/she/Uley signed his/hcr/ulcir name(s) Ulereto by likc
auUlOrity.
Notary Public
Cp.-p;- H. H~
JOYCE M. MOORE
Notary Public, State of New York
, Qualified in Erie County
Commission Expires: 1\-c51-dJ>
ACKNOWLEDGEMENT OF SURETY
STA'TE OF NEW YORK
COUNTY OF ERIE
On ulis 31ST day of OCTOBER, in Ule year 2002, before me pcrsonally camc
, JAMES L. DEMER to me known, who, being by mc duly sworn, did dcposc and say Ulat
he/she/t1ley resides in NIAGARA COUNTY, NY; t1lat hc/shc/t1lcy (is) (arc) UIC Attorney-In-
Fact duly appointed of Ule FIDEIlTY AND GUARANTY INSURANCE COMPANY Ule
corporation described in and which cxecuted t1le above instrument; t1lat hc/shc/they know(s)
the seal of said corporation; Ulat UIC. scal affixcd to said instrument is such corporate scal; that it
was so affixed by aut1lOrity of UIC board of directors of said corporation, and t1lat hc/she/t1ley
signed his/her/their name(s) dlcreto by likc aut1lOrity.
~.
~(!LH.H~
Notary Public
JOYCE M. MOORE
Notary Pf;I~lic,. State of New York
Qua"f'e~ '':' Erie County
Commission Expires: I \-CS1-Clo
TheStPdul
POWER OF ATTORNEY
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company'
Fidelity and Guaranty Insurance Company
Fidelity' and Guaranty Insurance Underwriters, Inc.
Power of Attorney No.
22772
Certificate No. 1319 9 7 5
KNOW ALL MEN BY THESE PRESENTS: That Seahoard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and Sl. P,:ul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc, is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called ,he "Companies "), and that the Companies do
hereby make, constitute and appoint
Ralph J. Vanner, Bradley J. Hall, Joyce M. Moore and James L. Derner
Amherst
New York
of the City of . State . their true and lawful Attomey(s).in-Fact,
each in their separate capacity if more than one is named above. to sign its namc as surcty to, and to execute. seal and acknowledge any and all bonds, undertakings.
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing honds and undcrtakings rcquircd or pcrmitted in any actions or proceedings allowed hy law,
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this
5th
day of
October
2001
Seaboard Surety Cnmpany
St. Paul Fire and Marine Insurance Company'
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Cnmpany
United States Fidelity and Guaranty Company'
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
B
~l
\(~.f ~
~
~
(lJAh< r; ~
dl/ -. - JOHN F. PHINNEY. Vice President
~er/~
State of Maryland
City of Baltimore
THOMAS E. HUIBREGTSE. Assistant Secretary
On this 5th day of October 2001. before me. the undersigned officer. personally appeared John F. Phinney and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary. respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company. and Fidelity and Guaranty Insurance Underwriters. Inc.; and Ihat thc seals affixed to the foregoing instrument arc the corporate seals of
said Companies: and that they. as such, being authorized so to do. executed the foregoing instrument for the purposes therein containcd by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal.
~~~.~
My Commission expires the 13th day of July, 2002.
REBECCA EASLEY-ONO!<ALA. t-I."tary Public
"-\:- .
"\ .-',.---.
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~
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.~
86203 Rev. 7-2000 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, S1. Paul
Fire and Marine Insurance Company. S1. Paul Guardian Insurance Company, S1. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranly Insurance Company. and Fidelity and Guaranty Insurance Underwriters. Inc. on September 2. 1998. which resolutions are now in full foree and
effect. reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds. undertakings. contracts and other instruments relating
to said business may be signed, executed. and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and un behalf of the Company may and shall be executed in the name and on behalf of the
Company. either by the Chairman. or the President, or any Vice President. or an Assistant Vice President, jointly with the Secretary or ail Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, printed or lithographed, The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Faet for purposes
only of executing and attesting honds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached: and
RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority. and, in any case, subject to the terms and limitations of the Power of
Attorney issued them. to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings. and other
writings obligatory in the nature thereof. and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and scaled and attested to by the Secretary of the Company.
I. Thomas E, Huibregtse. Assistant Secretary of Seaboard Surety Company, S1. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company,
SI. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company. and Fidelity and Guaranty Insurance
Underwriters. Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is in full force
and effect and has not been revoked,
IN TESTIMONY WHEREOF, I hereunto set my hand this
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Thomas E. Huibregtse. As~istant Secretary
To verify the authenticity of this Power of Attomey, call /-800-421-3880 and ask for the Power of Attomey clerk. Please refer to the Power of A ttom ey number,
the above-named indi..iduals and the details of the bond to ,...hich the power is attached.
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Financial Statement - December 31~ 2001
Fidelity and Guaranty Insurance Company
Assets
Liabilities. Surplus & Other Funds
Bonds,
Cash on HandIDeposit
Short Term Investments
Accrued Interest & Dividends
$13,647,651 i,
157
260,579
174.895
, Other Expenses
Payable to Affiliates
$ ,(99,508)
54.787,
TOTAL LIABILITIES
(44,721)
Capital Paid Up
Surplus
5,000,000
9.128.004
Surplus as Regards Policyholders
14.128.004
TOTAL ASSETS
$14.083.283
TOTAL LIABILITIES & SURPLUS $14.083.283
Securities carried at $5,734,512 in the foregoing statement, are deposited as required by law.
STATE OF MINNESOTA
SS
COUNTY OF RAMSEY
Sheila M. Brown, Assistant Vice President.,.. Financial Reporting, of the Fidelity and Guaranty Insurance Company, being duly
sworn, deposes and says that she is the above described officer of said company; that said company is a corporation duly organized,
existing and engaging in business as a surety company under and by virtue of the laws of the State of Iowa, and has duly complied
with all requirements of the laws of said state applicable to said company and is duly qualified to aetas surety under sLlch laws; that
the above is a true statement of the assets and liabilities of said co~pany of the 31st day of December, 200 I.
Subscribed and sworn to before me this 15th day of March. 2002.
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S~Br~:n~A~sistant Vice President - Financial Reporting
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M 'M DUBOIS
NOTAAY PUBlIC . UlNNESOTA
MY COMMISSION
EXPIRES JAN. 31, 2005
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