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HomeMy WebLinkAboutArchibald W. Butt Memorial Bridge Foundation Repair Augusta Richmond GA DOCUMENT NAME:o..XC.:~"\\'m.'d. W" "o..J:j:j:j "('("\eIT'(X\(}\ 'on ckJe- fu.A\'O.at\CX\ '(~l\( DOCUMENT TYPE: c.t::nt(ac...-\- YEAR: c:::r:\ BOX NUMBER: \ \ FILE NUMBER: \~Ddd NUMBER OF PAGES: 53 I I I I I I I I I I I I I I I I I I I CONTRACT DOCUMENTS FOR ARCHIBALD W. BUTT MEMORIAL BRIDGE FOUNDATION REPAIR . . I PROJECT NO.: 323-04-200823130 , .~ '. I , r I- I . I I I I I I I I I I I I I I I I I I .- - r . LIST OF PROn:cr DOCUMENT~ ARCHIBALD W. BUTT ~~qJYAL BRIDGE FQ~~TI9~ ~AIR Project Number: 323-G4-XXXXXXXXX SECTION PAGES Georgia Prompt Pay Act PPA-I Minority and Economically Disadvantaged. Business Support ME-I Agreement A-I thru A-4 General Conditions I tbru 33 Supplementary Conditions SC-I thru SC-2 Proposal P-I thru P-3 .. I I I I I I I I I I I I 1 I I I I I I ..'r -- (Rev. 6/3/99) GEORGIA PROMPT PAY ACT This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O. C. G. A. Section 13-11-1, et seg. In the event any provision of this Contract is inconsistent with any provision of the Prompt Pay Act, the provision of this contract shall control. All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 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 this Agreement and Contractor specifically waives any claim to same. NOTICE All references in this document, which includes all papers, writings, drawings, plans or photographs to be used in connection with this document, to "Richmond County Board of Commissioners" shall be deemed to mean "Augusta-Richmond County Commission- Council" and all references to "Chainnan" shall be deemed to mean "Mayor". DISPOSALS ... Prior to any material from this project being wasted or otherwise disposed of outside the project limits the Contractor shall furnish the Engineer a copy of written permission, signed by the property owner (or his authorized agent) describing the estimated amount and type of material to be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other such materials are to be wasted on the property, a copy of the owner's inert landfill permit, issued by the Environmental Protection Division shall be furnished to the Engineer prior to any such waste being removed from the project. In all cases, regardless of the material being wasted, a grading permit issued by Augusta- Richmond County must be furnished to the Engineer. PPA-l .-.. ........ .'~ . .....:.. I I I I I I I I I I I I I I I I I I I ,,- i ~RE1ig~~ lNe. W olterprooling Ie Restoration - Structural Ie Architoctural 2Ul Buf"rd Drivl: · I..lwrc:n,""vm". C;"'ll');iol ;;CXWS (7711) M100ft.-\tl F;" (770) lt82-o.&Q~ Apn1S.2000 Mr. Douglas A. Cheek. P .E. Augusta Public Works and Engineering Department Room 701 530 Greene Street Augusta. GA 30911 Phone 706-821-1706 FAX 706-821-1708 Dear Mr. Cheek: Engineered Restorations, Inc. is pleased to provide this proposal for the repair of lhe deteriorated foundation (or substructure) of the Archibald W. Butt Memorial Bridge. We have attached your bid schedule dated 3/31/00 and request the following be incorporated into the same. We inspected the structure on this date of 414/00 and have developed a general scope as shown on Ihe attached sketch. We have designated the east bent as "A" and lhe west bent as "S-. Each pIer is numbered from 1 thru 13 on each bent from north to south. Also shown on [he attached is the size at the repair areas on each pier. Our case oid as shown on your proposal form is based upon these areas. The cnreria we used in determining these areas is generally any areas where loose and deteriorated concrete of a depth greater than one inch is evident. Areas of concrete requiring repairs of less than one inc;, in depth have been addressed as "Option # 1, Surlace qepair". In addirlon we have Included a price tor MOption :I 2, epoxy Injaction of Cracks" iYi per your request. .. We propose the fallowing repair sequence for this work. ~) BASE BID - Heavily deteriorated areas (over 1" deep). 1) Pump out ponding water under bridge. Dig out remairing dirt and mud not removed by City forces. Also remove rematn;ng tormWOrk to expose foundations. 2) Shore sections where repairs will be full depth. at this time thought to be j:)ier #; A3 thru itA. 7. use 2 shores at each location with timber crassbrace. 3) Remove by Chipping all areas of deteriorated concrete. Remove until sound concrete is encountered (min. of 4") 4) Saw cut perimeter of repair areas at least 1/2" deep and square up. 5) Install # 4 deformed bar on 12" centers both ways. Sar to have a minimum 4" embedment in epoxy gel. I I I I I I I I I I I I 1 I I I I I I . '. . .. " , (' r .. MINORITY AND ECONOMICALL Y DISADVANTAGED BUSINESS SUPPOR'( . . It is the intent of the Augusta-Richmond County-Council 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 ill.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 infonnation is necessary. ME-I I I I I I I I I I I I I 1 I I I I I I " THIS AGREEMENT. made on the ~day 0~~J...... AUlZUsta-Richmond County Commission-Councii SECTION A AGREEMENT .2MJ , is. _ by and between party of the first part. hereinafter called the OWNE~ and party of the second part. hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter names, 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 perfonn all of the work shown on the plans and described in the specifications for the project entitled: ARCHIBALD W. BUTT MEMORIAL BRIDGE FOUNDATION REPAIR Project Number: 323-04-XXXJGOOOCX 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 0 f this agreement. ARTICLE IT - TIME OF COMPLETION - LIOUTDA TED DAlVfAGES The work to be performed under this Contract shall be commenced immediately ~ upon receipt of written notice by the Owner to the Contractor to proceed. 'AlI work shall be completed no later than April 30. 2000, with 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 executed regularly. diligently, and uninterruptedly at such rate of progress as will insure 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 A-I . . . , . . I . .. I I I I I I I I I I I I I I I I I I - ( construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE 'IDv[E.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 Five Hundred Dollars ($500), 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 CUlTent periodical estimates. It is funher agreed that ~me is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and cenain length of time is fixed for the additional time is allowed for the completion of a 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 Proposal and Schedule ofItems. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Proeress Pavrnent 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 proceeding 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 A-2 t': , . .1 I I I I I I I I I I I I I I I I I I "-.. a..iIed 0/1/99 ARTICLE IV -ACCEPTANCE ANDFTNAL PAYMENT (a) Upon receipt of written 'notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days, make such inspection and when he finds the work acceptable under the contract and the contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the owner within IS 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 wor~ fully completed and accepted. (e) Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques, sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Document, without an Amendment to the Contract.. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A-3 I I I I I I I I I I I I I I I I I I I .....~.... ( IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) coun~erped~~~g,.Of'~~~l\~~ be deemed an original, in the year and day first mentlon CWl!iIv:~....-,. ~ "':. 'I 'i~ .44 ....~'T' ....CZ,1)ue,;..tJo. ........ ~~" ;' ~'? _"or. ...., "". ..~ . . , ;f; o. ~ ~c:: l ~ I "I! ! . -1(4., .;: . ':~ AU:GUSTA-RICHMOND COUNTY ,,; : y ~ ~ COMMIS!f;t- OUNen. ~ ~ \, f~ L.. 1 (Owner) 'fill \ -- .:'.J it , \... I.~, .- iJ!I I ~ _ . ..."'.0" vv SEALf. , ............; By: 1.',;, '\\\~~G~~" . ., ~- .,:: . f Ri hm C Attes ~. ".., ..~., h' ..... .....,.....,.:.:.;~~Tltle: Mavor 0 Augusta- e Qnd- oun~ C.. . C '1 omml~Slon ounel . _.,. _, .~_.~..,~.... CONTRACTOR: 61~II(~"~dO~~64It~c- B~ SE.AL Title: ~1"; m,l2. ~ ecrecary ).;j1L... >> .JJJI Wimess Address: z,!.:('" ~~ILO~ .. .~~ ~~(.$11, "'\.~ 119 ~ 1)0 c{ '$,1;':,,-' .:: A;"~ .".~ ~~.' ~.. ,;.n ~ ~.\..,.. --:Q ~ $..~ /;;.~ . " ~ ~ {~; . ~~.. -- - ..:...... .... ...... i ~:..:.;;; _........ -: t ~. oj, '. '$./' ~ _ ~>:-f..~ ";-' ~".':s)'.-. - ~~""....:,... .- 7~J~~' f ~ ;- '". " ~ . f. . .~ A-4 .. ... . f , . I .. . . I I I I I I I I I I I I I I I I I I I (- r. GENERAL CONDITIONS .. . I I I I I I I I I I I I I I I I . I . - - . . r' TABLE OF CONTENTS OF GENERAL CONDITIONS Art/de Number Tille ., DEFINITIONS...................,........,........................ . PRELI~lINARY MAITERS ....................,.......,...... ..... CONTRACT DOCUMENTS: I~TE~T. A~IENDING AND REUSE ........... ............ ........ A VAIL.ABILITY OF L.ANDS: PHYSICAL. CO~DITIONS: REFERENCE POINTS...................................,.,.,...... BONDS AN D INSURANCE ........................................ CONTRACTOR'S RESPONSIBILITIES ................ ,.. ..... .... OTHER \VORK ....................,.....,.......................... OWN ER'S RESPONSIBILITIES.................................... ENGINEER'S STATUS DURING CONSTRUCTION .............. CHA~GES 1:"1 THE WORK ......................................... CHA~GE OF CONTRACT PRICE ....,.........,..............,.... CH.o\NGE OF CONTRACT TIME ...... ......... ........ ............ W,~RR.~NTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION, REMOV At OR ACCEPTANCE OF DEFECTIVE WORK........................... P.~ YMENTS TO CONTR.-\CTOR .-\N D COMPL.ETION ,.........., SCSPENSION OF WORK AND TER~IINATION ....... .......... ARB ITRA TION .......,...........................,......,.......... MISCELL..~N EOUS ......,.,.,...................................... 3 ~ 5 6 7 S 9 10 II I! 13 I~ 15 16 17 J . .' Pa,e 7 8 9 10 II 14 18 19 19 ~I ~I ~~ .. ~4 Z6 29 31 32 I I INDEX TO GENERAL CONDmONS I tVride Dr I'fIrtl,rrzph NIImb~ Acce;nance of Insurance ,......... . . ... .. .. .. . . . .. ... 5.13 Access to [be Worle .....,............................ 13.2 ,~ddenda-(fennition of (see definition of S pecinc:l.tlons I ...,................ .. . .. .. . .. .. .. . .. ... 1 Agreement~ennition of ................... ... .......... 1 All Risle !nsu~ce ..................................... 5.6 Amendment. W linen ,..,......................... 1. J .1.1 Application for Pa yment~eiinition of .................. 1 Application for Payment. Final ...................... 14.12 .~pplication for ?regress ~ymcnt .................... 14.2 Application for Progress Paymcnr-rev;cw of .... 14."-14.7 .o\rblU'ation ............................................. 16 Authonzc:d Vanauon in Wort ......................... 9.S .~ ...ailaciIity of !...ands ..................... .. .. .. . .. .... 4.1 .~ward. Notice ot~erinc:d ........... ............. ...... I I I I I 3ctore Stan:in~ConstruC".ion ...................... :.$.2.i 9 id~ennitlon of ....................................... 1 30nas and Insur:1ncc_n ge:1cr:U ........................ S 3onds-ienntuon of . . . . . . . . . . . . . . . ....... . . ....... .. . . " 1 3oncis. Delivery of ............................. _ :.1. S.I 30nds. Performance and Otber .................... !.I.S.:: I I C.1Sh Allowances .................,................... II.S C:,angc Order-.iennition of ............................. 1 ~ange Orders-;:o be cxeco.lted ...................... IO..t. C:,anges in the W orle ................................... 10 C:aims. Waiver of -on Final ?:lyment ............... 14.16 C:annc::mons ane: lntel"i'rerauons ...................... 9.oi C:canlng .....................................,.:..... 6.1 i Comple~ion . . . . . . . . . , . . . . . . . . . . . . , . . . . . . . . . . .. " .. . . , . .. loS Comoie~lon. Suostantial ......................... I ~.8-1./.. 9 CJnfere:1c:e. P:-e:onstruc:lon ............,............. :.3 CJnnic:. :~or. Oisc:repancy~llntractor ,0 Report .......,.................,. . . . . . . . . . , . :~. j.j CJnstruc:lon Machinery. Equipment. Ctc. ............. 6.4 ContinUIng Wort.: ..................................... 6..:9 . CJntl"3c: Documents-amending iUld supplemenung ................................... j..a.j.S Contra.ct Documents-dennition or" .................... ~. I Contr:1c: Documents-intent ...................... j.l.j.3 Cantr:1C:: Documents-Reuse or" ........,............,. j.6 Contr:lc: Pnc:e. Change of ......,....................... II Contr:lc:t Price-iennition ............,...............,., I ClJntr:1c: Time. C~:1nge of .............................. I:: Contr:1ct Time. Cllmmencemc:nr of .................... :.3 Contr:1ct Time--:tennition of ............................ I . Contr:1ctor~erinition of ................,... ....... ..... 1 Contr:1ctor May Stop Wort or Tenninare ............. lS.S Concr:1ctor's Concinuing Oblisarion .................. 14, U Conrr:1ctor's Duty co Report Discrepancy in Documencs .,...................,............ :..5.3.: CQncr:1ctor's Fee-Cost Plus '" 11.4.".6.11.".1.11.6-11.7 Contr:lctor's Li:lbilicy Insurance ....................... j.J ConU':1ctor's Responsibilities-in general ................ 6 I I I I~ I I I I I I Concra.ctor's WlllT'3Dry of Tide ... ........ ............. 14.3 ConU'ac:tOrs-lther ...................................... 7. ConU'acnW Uabiliry lnsur.anc:e ........................ 5.4 Coordinacing Conuactor~elinitioD of ................ 7.4 CoordinaLion .........,........ ......... ........ ....... 7.4 Copies or" Documen:s ..,........ .......... ............. l.: Corr=tion or Removal of Defcctive Work ........... 13.11 COm:ctlon Period. One Year ............ ............ 13.1% Com::t1on. Removal or Acc:e;nance oCDcfective WOrle-in genera! ........................... Il.ll-IJ.I4 Cost-oet decrease ................................. 11.6.Z Cost of Worle ..,....,........... ................. 11.4-11..5 COStS. Supplemcnw .................. .............. 11.4.S Day--1ennition of ....................................... 1 D~/~C'ri"t--dennicion of ................................. 1 D~f~C'tl,,~ Work. Acc:..~canc: or" ...................... 13.13 Dt!/~C'ri\'t! Worle. COlTCc:lon or Removal of .......... ll. 11 ' Dt!/~C'ri"t! Work-tn genera! ............... ll. 14.7. 14.11 De/~C'rlv~ Work.. Rcjec:tng ............................. 9.6 Deiiniuons .............,...............,................ 1 Delivery of 3oi1ds ..............................,...... ~.I Detemunation for t.J' nic ?:ic:es .... .. . .. .. . .. .. .. .. .... 9.10 Disputes. Decisions by Engineer ................. 9.11.9.12 Documencs. Copies of ................................. l.:: Documents. Rec:ord .................................. 6.19 Documencs. Reuse .................................... 3.6 Drawlngs--.iennition or ................................. 1 Easemencs .......................,.................,.. ~,l ~ffe:tive dace of ,",gree:nent-ieiiniuon of...... ... .. .... I ::ner;enc:es .................... .... ... ...... ........ 6.':::: ~ngineer--.1ennicion of ..,............................... I :nllneer's DeCIsions ............................ 9,10-9.12 E:'IlZinecr's-Nocice Worle is Acc:otable ............. 14.13 ~~c=r's Recommenaauon or"~yment ...... 14.4. 14.13 Enllnec:r's Responsibilities. LialiwiQns on ................. 6.6,9.11,9.13-9.16,lB.2 Engineer's Status Durinl ConsttUcuo~n ac:nera.l .,. . .. 9 Equipmenc. ucor. Macerials and... .. .....,..... " 6.3-6.6 EquiValent Malenals and Equipment .........,........ 6.7 E,lDlol1lUOnS of pnysic:aJ condicions ...............,... 4.:: Fee. Contrac:tor. s-COSts Plus........................ 11.6 Field Orderoooodeiinicion of ............................... I Fic:ld Order-issuc:d by Engineer ................ 3..5.1. 9.S nnal Applicacion for Payment ....................... 14.1% FinaJ Inspection ..................................... 14.11 Final Payment iUld Acceptance ...................... 14.13 Final P3 ymenc. Recommc:naauon of ........... 14.13-14.14 Cenera.1 Provisions ,...................... ....... 11.3-li.4 Ccner:1l Requiremerlls-dennition or . . . . . . . . . . . . . . . . : . . .. 1 Ccncr:ll RequiremenCs-principaJ _ references to ...,...,......... %.6. 4.4. 6.4. 6.6-6.7. 6.:3 J, I I: .:~. I I I I. I I I I I I I' I I I I I I Giving Notice ............... ......................... 17.1 Cuat':1ntee or" WOrk-by Contl'3Ctar ................... 13.1 Indemniiicuion . . . . . .. . . .. . . .. .. . .. .. . .. .. .. 6.3Q.6.32. 7.5 wpection. Final .................................... 14.11 Iaspection. TestS and ................................. 13.3 Insur.lllce. Boneis and-in genen! ....................... 5 Insurance. C en:iftC:lles of ........................... Z. 7. 5 Insurance-.:ompleu:d oper:uions .................... .. 5.3 [nsur.lllce. Contractor's Liability ...................... 5.3 [nsur.llIce. CllntraCtua! liability ....................... 5.4 Insurance. Owner's liability.......................... S.j InsUr:1l1ce. Property .............................. S.6-5.13 [nsut:lnce-Waiver of Rights ......................... 5.11 Intent or" Conuact Documents ................... 3.3.9.14 Intel'l'retations and Clarifications ...................... 9,4 Investigations or physiCal conditions .......,........... ~.! Ubor. ~ateriaJs and Equipment .................. 6.3-6,S taws and Reguiations-deiinition of ..................... I ~ws and Reguiation5-!eneruJ ....................... 0.14 uability rnsurance-Contractor's ..............,...... S,3 Liability [nsurance-owner's ......................... 5.j Liens--dennitions or" ................................ l4.! umit:lttons on Engineer's Responsibilities ..................... 6.6, 9. il. 9.13-9.16 Materials and equipment-fumishc:d by Contractor .... 6.3 ~ateri:1is and equipment-oot incol'l'orated in Work .............................. 14.1 ~terials or equipment--:quivaJent .. .... ,... ...... .... 6.7 ~scel1aneous Provisions ............................... 17 ~ulti-prime contrac:s ....... .. . , ... . . .... .. '" ... ....... i Notice. Giving or ..................................... li.l Notice or Acce;nabiIity of Project ......,............ 14.13 Notice of .-\ward-ieiinition of ........................., I Notice co Proceeci-ierinition or ......................... 1 Notice to ?roceeci~ving of .......................... ~.J "Or.Equ:1i" Items...... ............................... 6. i Other contr:lctors .............. . . . . . . . . . .... .. . . . . . . .. .. i Other work .. . . . . . . . . . . . . . . . . .. . . . . . . . ....... .. . . . . . ..... i Oven:ime Work-prohibition of ........................ 6.3 Owner-ielinition or .....,.. .....,. .........,..... ... ... I Owner May COlTect Deiecrive Worle ,............., .. 13.14 Owner May Stop Worle .............................. 13.10 Owner May Suspend worle. Terminate .......... 1:S.I-IS.~ Owner's Duty to Execute Change Orders .......,..... 11.3 Owner's Liability Insurance ........................... S.S Owner's Re;2reSentative-Engineer co serve:1S ......., 9,1 Owner's Responsibilities-in genera! .,.,..........,..... 3 Owner's Separate: Representative :u site ............... 9.3 P3n:iaJ Utilization ..................."............... 14.10 P3n:i:1i Utiliz:ltion-iennition of ,........................ I Pan:i:1i Ucilization-Property Insurance ............... 5,1.s Patent F'o::es :1nd Royalties ............................ 6.1: P:lyments. Recommend:ltiun of ......,.... 14.4-1~.7'. 14.13 Payments to C"ntractor-in gener:1J .................... I~ ~-, i Payments to ContraclOr-whClll due ........... 14.4. 14.13 P:l ymencs to Contnctar-widlholdial ................ 14.7 Perf'ormance and odler Boads ..................... 5.1-5.1 PenDitS ,................ .... .......... ................. 6.13 Physic:1l Conditions ................... ................ 4.2 Physic:U Conditions-Engiaeer.s review ............. 4.%.4 Physic:U Conditions.-existiDI saucturc:s ............. 4.2.2 Physic:1i ConditiOlU-explonaQons aad ~rts ....... 4.2.1 Ph ysic:U Conditions-possible documeat dlauge ..... 4.2.5 Physic:U Conditions-price and time adjuscmentS .... ~.!j Ph ysic:1l C onditions-repart of cWfc:ring ............. 4.2.3 Physic:u Conditions-Underground Facilities.......... 4.3 Prec:onstruction Conference ........................... 2.8 Preliminary Matters ,.............,...................... 2 Premises. Use of ........... ........... .......... 6.16-6.18 Price:. Change of Contr.ICt .............................. 11 Price-C ontract-dc:iinition ui ............................ I Progress Payment. AppHc::uions for..... .............. 14.2 ProgreSS Paymcnt--rc:rainqc: ......................... 14.2 Progress schedule ............... 2.6.1.9.6.6. 6.2!1. 15.1.6 Project-ieiiniuon oi .................................... 1 Project Re!'resenratioD-pr'Qvision for ................. 9.3 Project Re!'I'Csenrativc. ResidClllt-deiinitioa of .......... 1 Project. St:1l'tinlJ che ................................... 2.4 Property Insurance .,............................. 5.6-5.13 Property Cnsurance-PartiaJ Utilization ............... 5.1S Property Cnsur:1l1ce-Receipt and AppliQuon of Proceeds ................................... S.12-S .13 Protection. Saiety :lnd ........................... 6.20-6.21 Puncn list ...,....................................... 14.11 Recommendation or" P3.yment .................. 14.~. 14.13 Record DocumentS ..........................,...,.... 6.19 Reference Points .................................. _... 4.4 Regulations. uws and ............................... 6.14 Rejec:ing Defecrive Worle ............................. 9.6 Related Worle at Site .............................. 7.1-7.3 Remedies Not E;tclusive ............................. 17A Remov;u or COlTectton of De;ecrive Worle .....,..... 13.11 Resident Project Represenwive-ierinition or ........... I Resident Project Re;2resentative-provision for.. ...... 9.3 Responsibilities. Contr:lCtor's-in gencnU ............... 6 Responsibilities. Engineer's.-4n gener:1J ................. 9 Responsibilities. Owner's-in gencr.1J ..............,..... 8 Ret:1lnage ............................................ 14,1 Reuse of Documents ..,............................... j.5 Rights of Way .,....................,.....,....."..... J, I Royalties. P3tent Fees and ........................... 6.1:! Safety and Protection....... 6.20-6.21, l8 .l-L8. 2 Samples ......................................... 6.~-6.~S Schedule of progress ,....... ::.6.2.3-2.9.6.6. 6.:9. 1.S.~.6 Schedule of Shop Drawing submissions ...................... 2.6. 2.8-2.9. 6.~. 14.1 Schedule or values ...................... 1.6. 2.8-2.9. 14.1 Schedules. Fin:1iizing .................................. 2.9 Shop Drawings and Samples ..................... 6.23-6.18 Shop Drawin~erinition of ....... ............ .......... I Shop Drawings. use to approve " substitutions .......................... . . . . . . . . .. .. 6.7.3 5 I I Site. Visits to-by Enliaccr ........................... 9.2 Speciftc:ations-deftnition of ............................. I Starting ConsU'Uction. Before ...................... 2..5.2.8 Starting the Projcct ..................................... 2.4 Stopping Work.....oy Contractor....................... 15.5 Stopping WOrk-by Owner .......................:.. 13.10 SubcoaU'aCtOr-definition of ............................. 1 SubconU'actors-in genmd ....................... 6.8-6.11 SubconU'aCtS-required provisions ............ 5.11.1.6.11 11.4.3 Substantial Completion-ccrtificatioa of .............. 14.8 Substantial CompletiOn-detinition of. ........ " . ........ I Substitute or "Or-Equal" Items ....................... 6.7 Subsurface Conditions. . . . . . " . .. . .. ............ ... 4.2~.3 Supplemenw costs.................. ............... 11.4.5 Supplementary Conditions-deftnition of ................ 1 Supplementary Conditions-principal references to .. :.2.4.2. 5.1. 5.3. 5.6-5.8. 6.3. 6.13. 6.23. 7,4. 9.3 Supplementinl Contrac:t Documents ............... 3.....3.5 Supptier--delinition oi . , . . . . .. . . . ........ '" . .... . . . . .... 1 Supplier-principal references to '" 3.6.6.5.6.7.0.9.6.20. 6.24. 9.13. 9.16. U.8. 13.4. 14.12 Surety-consent to payment .................. 14.12.14.14 Surety-Engineer has no duty to ....... .. .. . .. .. . .. .. 9.13 Surety-notic: to .......................... 10.1. 10.5. 15.2 Surcty~ualiftc:ation of ........................... 5.1-5.2 Suspending Work. by Owner ......................... !.S.1 Suspension of Work and Termination-in genenl ....... !.S Superintendent-ConU'actor's ......................... 6.2 SuperviSion and Superintendence .................. 6.1-6.2 I I I I I I I I I Taxes-Payment by ConU'ac:tor ... . ................... 6.15 Termination-by Contr.1c:tor .......................... 15.5 Termination-by Owne:' ......................... IS.2-!.S,4 T c:rmination. Suspension of Work and-in general ...... IS Tests and Inspections ........................... {j.3.13.7 Time. Change of ClJnU'aCt .............................. 12 I I I I JJ I I I I Time. Computation of ........ ........................ 17.1 Tune. Contrac:t--definition of ............................ 1 Uncovering Work .......... ............ ......... 13.8-13.9 Underground Facilities-deftnition of .................... 1 U ndergraund Facilitics-not shown or indic:a1ed ..... 4.3.1 Underground Faci1ities-prot=ion of ...... ~. ... 4.3. 6.20 Underground Fac:ilities-shown or indicated ......... 4.3.1 U nit Price W ork-deftnition of .......................... 1 U nit Price W ork-sencra1 ....... .. .. .. . ... 11.9. 14.1. 14.5 Unit Prices.................. ....................... 11.3.1 U nit Prices. Detenninations for..... .. .. . .. .. . .. .. . ... 9.10 Use of Premises ................................. 6.16-6.18 Utility owners .......................... 6.13.6.20.7.2-7.3 Values. ScheduJe of . ........................ 2.6.2.9. 14.1 Variations in W ork-A uthorized ............ 6.2S. 6.27. 9,5 Visits to Site-by Engineer ............................ 9.2 Waiver of CIaims-on Fina! Payment ................ 14.16. Waiver of Rights by insured panies ............. 5.10.6.11 Warrar,ty and uuarantee-oy ConU3Ctor ............. 13.1 Watr:1ntv of Title. Contrac:tor's ....................... 14.3 Work. ..\ccess to ..................................... 13.2 Worle-bv others ........................................ 7 Work Co~tinuing During Disputes .................... 6.29 Work. Cost of ....,.............................. 11.4.11..5 W orlc-deftnition of ..................................... 1 Work Directive Change-deiinition of ................... 1 Work Directive Change-principaJ references to ............................ 3.4.3. 10.1- 10.2 Work. Neglected by Contractor ..................... 13.14 Work. Stopping by Contractor........................ 15.5 Work. Stopping by Owner....................... 15.1-15,4 Written Amendment--deiinition of ...................... 1 Written Amendment-principal references to ..................... j.4.I. 10, I. 11.:. 1:.1 6 I GENERAL CONDlTIONS I. ARTICLE I-DEFINITIONS I Wherever used in these GeneruJ Cundilions ur in the olher COnlr:1Cl Documents Ihe following lerms hllve the me:lni~gs indicllted which are applic:lble to bOlh Ihe singulllr and plur:1! I hereof: I AddemJtt-\''lritten or graphic inslromenlS issued prior to the Ilpening of Bidll which clarify. CO~t ur change the bidding llocuments or the Cuntr:1Cl Documenls. I A rtreemelll- The written agreement bel ween OWN ER and CONTRACTOR covering the Work 10 be perT'ormed: other Cuntract Documents are :1Ullched to the ,.),greement and made a part Ihereor as provided therein. I I Applkmilllt IrJr Pa.\'Iltelll- The form accepted by ENGI- =" EER which is 10 be used by CONTRACTOR in requesting progress ur rinal payments and which IS to include such sup- porting JocumenllltlOn as is required by the CUnlr:1Ct Documents. I Bid-The urfer or proposal of Ihe bidder submitted un Ihe prescribed form setting iorth the prices lor Ihe Work ro be pert'ormed. I Bonds-Bid. pert"ormance and pll~'ment bonds and other instruments of security. I Clrange Order-A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition. lieletion ur revision in the Work. ur an adjustment in the COntr:1ct Price ur Ihe Contract Time. issued on or aiter the Effective Date oi Ihe Agreement. I I Crurtrcrct Oo(.tml"'n(s_ The ,~greement. Addenda I which per- tain to the Cuntr:1ct Documentsl, CO~TR.-\CTOR's Bid (including documentiltion accompanying the Bid and any post- Bid documentation submilted prior to the Notfce uf ..),ward) when attached as an c::(hibit to the ,~greement. the Bonds. these Gc:ner:11 Cunditions. the Supplementary Cunditions. the Specificiltions and Ihe Drawings as the same are more spe- citiC:1lly identitied in the ,~greement, together with all amend- ments. modificiltions anli supplements issued purSUilnt 11.1 par:1gr:1phs JA and 3.5 ~ln or aiter the Effective Date or' the Agreement. I I I C ulrtrctc'r Pri('e- The moneys payable by OWN ER to CON- TRACTOR under the Cuntr:1ct Documents as stilted in the Agreement Isubject to the provisions ur'plltagr:1ph 11.9.1 in the Cilse or' Unit Price Wllrkl. I I Ccmm""t Time-The number ot' liilYS Icomputed :IS provided in par:1gr:1ph 17 .~) ur the liate stated in the Agreement for the completion Ill' the Work. I CONTR.~CTOR- The person. lirm or c:urpor-,nion with whom OWN ER has enten:d into Ihe Agreemenl. I defet.ti,'e-An adjective which when modifying the word Work refers co Worle that is unsatistacEory. faultY or deficienE. or does not conform to the Contract Documenls. or does not meet the requirements of any inspection. reference standard. test or approvaj referred to in the Conuact Documents. or has been damaged prior to ENGlNEER's recommendation of final payment I unless responsibility for the protecEion thereof has been assumed by OWNER at Subslanlial Completion in accordilnce with paragraph 14.8 Ilr 14.10). Drt''''ing.f_ The dr:1wings which show the chlU':lCter:utd scope of che Work to be performed and which have been prepared or approved by ENGINEER and are rer'crred to in the Con- tract Documents. EfJec.t;I'e Dme of fire .i.lfree'/!'rem- The date indicated in the ,-\greemem on which it becomes effectivc. but if no such dille is indicilted il means the dilte on which the Agreement is signed and delivered by the last of the two parties 10 sign and deli vcr. E.VG1N EER- The person. firm or corporalion named as such in the Agreement. Field Order-A written order issued by ENGINEER which orders minor changes in Ihe Work in accordance with para- graph 9.5 but which does not involve a change in che Contract Price or the Contract Time. Ge/leral Requir/!'menrs-Sections of Division I of the Speci- fic:1tions. l.aws and Regulatiuns: l.em's or Regulations-Laws. roles. regulalions. Ilrdinances. codes and/or orders. SUfi('e uf .~I\"{/rd-Thc written notice by OWNER 10 the apparent successful bidder stating thilt upon compliance by Ihe apparent successful bidder with rhe condilions precedent enumer:lted therein. within Ihe time specified. OWNER will "ign and deliver che Agreement. Su/ice fC} ProC'eed-A written nocice given by OWNER to CONTRACTO R (wilh a copy to ENG IN EERI ti:ting thc date on which rhe Cllntr:1CE Time will commence to ron and on which CO~TRACTOR shall start to ~ert'orm CONTRAC- TOR'S obligations under the Contr:1ct Documents. OWNeR-The public body or auchority. corporalion. asso- cialion. rirm I.lr person wich whom CONTRACTOR has entcred into the Agreement and for whom the Work is to be provided. Pcmial Urili:cttiQlI-Placing a portion of the Work in service for che purpose for which ic is intended for a relaled purpose) before real:hing Substantial CompleEion for all the Work. Prujecr- The tOlal constroclion of which the Work to be provided under che COnlr:1ct Documents may be Ihe \\o'hole. or a'parE ali im.1ic:uc\J elsewhere in rhe ConEract Documents. Rttsidellt Projec.t Rc.pre,femttti"e-The aUlhorized represen- ralive of E~GINEER who is assigned to the silc or an)' part thereof. 7 .. THE Al\~RICAN INSTITUTE OF AR( ~ITECTS . BOND NUMBER: 166790 AlA Document A3l2 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where,applicable, CONTRACTOR (Name and Address): Engineered Restorations, Inc. 201 Buford Drive Lawrenceville, GA 30045 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 400 Northridge Road, Suite 130 Atlanta, GA 30350 OWNER (Name and Address): Augusta-Richmond County Commission-Council Public Works and Engineering Department Room 701,530 Greene Street Augusta, GA 30911 CONSTRUCTION CONTRACT Date: Amount: $86,782.50 Description (Name and Location): Archibald W. Butt Memorial Bridge Foundation Repair Project Number: 323-04-XXXXXXXXX Augusta, GA BOND Date (Not earlier than Construction Contract Date): Amount: $86,782.50 Modifications to this Bond: ~one o See Page 3 CONTRACTORASProNC~AL Company: ,Engineered Restorations, Inc. SURETY (Corporate Seal) Company: North American Specialty Insurance Company (Corporate Seal) Signature: 7h:-., 77 7fa;,JJ;f Name and Title: Kevin M. Neidert, Attomc:y-in-Fact (Any additional signatures appear on page 3) , (FOR INFORMATION ONLY-Name, Address and Telephone) , AGENT or BROKER: Yates Insurance Agency P.O. Drawer 95806 Atlanta, GA 30347 (404) 633-4321 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA iIll I THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 ~ THIRD PRINTING. MARCH 1987 ..f\312-1984 I- - - - . Ii 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 Construction Contract, which is incorporated herein by reference, 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 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 Contractor and the Surety at its address desaibecl in Paragraph 10 below that the OWner is considering declaring a Contractor 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 Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The 0M1er has dedaed a Ca1Iic:K:Ior Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contracta' and the Surety have received notice as provided in Sub- paragrapIl3.1; and 3.3 The OWner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the tenns of the Construction COntract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Under1ake to perform a1d amp/ete the Construc- Contract itself, through its agents or through inde- pendent 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 Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owrier"s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount d damages as desaibecl in Paragraph 6 in ex- cess d the BaIaJ'1a) d the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arran9.e for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, fender payment therefor to the Owner; or ,2 Deny liability in whole or in part and notify the Owrier 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 defau~ on this Bond fifteen ~ after receipt d 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 Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enfOrce any remedy available to the OWner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagragh 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 Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the 0M1er under the C6nslruction Contiact. To the rmit ri the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Cootract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal. design professional and delay costs resulting from the Contractor's Default, and re- sulting from ttie actions or failure to act of the Surety under Paragraph 4; and 6.3 Uquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance 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 C0n- struction Contract, and the Balance of the Contract Price shall not be reducecl 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 sua:essors. 8 The Surety hereby waives notice of any change, indud- ing changes of time, to the Construction Contract or to refated subcontracts, purchase orders and other obliga- tions. . I 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 isi 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 oc- curs first. If the provisions of this. Paragraph are; void or prohibited by law, the minimum period of IimitatioF) avail-. AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMEM' BOND. DECEMBER 1984 ED. . A1A@. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W,. WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 2 ;. able 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 sig- nature page. 11 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. Tfle intent is that this Bond shall be construed as a statutory bond and not as a common law bone!. 12 DEFINITIONS 12.1 Balance Of the Contract Price: The total amount ~Ie by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOllOWS: tractor 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, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per-form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to .pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: SURETY (Corporate Seal) Company: (Corporate Seal) I Signature: Name and Title: Address: Signature: Name and Title: Address: AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . A1A@ __ lHE AMERICAN INSTInJTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 lHlRD PRINTING. MARCH 1987 '':'".-..:i A312-1984 3 THE M_'-::RICAN INSTITUTE OF AR( ]TECTS . BOND NUMBER: 166790 AlA Document A3 J 2 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, CONTRACTOR (Name and Address): Engineered Restorations, Inc. 201 Buford Drive Lawrenceville, GA 30045 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 400 Northridge Road, Suite 130 Atlanta, GA 30350 OWNER (Name and Address): Augusta-Richmond County Commission-Council Public Works and Engineering Department Room 701,530 Greene Street Augusta, GA 30911 CONSTRUCTION CONTRACT Date: Amount: $86,782.50 Description (Name and Location): Archibald W. Butt Memorial Bridge Foundation Repair Project Number: 323-04-XXXXXXXXX Augusta, GA BOND Date (Not earlier than Construction Contract Date): Amount: $86,782.50 Modifications to this Bond: l8INone o See Page 6 CONTRACTOR AS PRINCIPAL Company: Engineered Restorations, Inc. (CoIporate Seal) SURETY Company: North American Specialty Insurance Company (CoIporate Seal) Signa 0...~ ~:~ Name~ (Any additional signatures appear on page 6) Signature: ~ // 7~~ Name and Title: Kevin M. Neidert, Attorney-in-Fact. " ! i , : (FOR INFORMA TION ONLY-Name, Address and Telephone) ~ AGENT or BROKER: Yates Insurance Agency P.O, Drawer 95806 Atlanta, GA 30347 (404) 633-4321 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AlA DOCUMENT AJI1" PERFORMANCE BOND AND PAYMENT BOND "DECEMBER 1984 ED." AIAlIO THE AMERICAN INSTITUTE OF ARCHITECTS. t7JS NEW YORK AVE., N. W., WASHINGTON, D.C. 20006 : THIRD PRINTING" MARCH 1987 A312,.1984 4- .. 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 ~uipment fumished for use in the perfor- mance of the Construction Contract, which is incorpor- ated herein by reference, 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds hannless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished fa' use in the perforrT1a'Ioo d the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address desaibed 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 pay- ment, 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 address desaibed in Paragraph 12) and sent a copy, or notice IL-hereof, to the Owner, stating that a claim is being made under this Bond and, witFI substantial accuracy, the amount d the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have fumished written notice to the Con- tractor and sent a copy, or notice thereof, 10 the 0Mler, wilhin 90 ~ after ~ last performed labor or last fUmished materials or equipment included in the claim stating, wiIh substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or fa' whom the labor was dorle or perfonT1ed; 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 no- tice any communication from the Contractor by which the Contractor has 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 (at the address desaibedin Paragraph 12) and sent a ropy, or notice thereof, to the OiNner, stating that a claim is being made under this Bond- and enclosing a copy of the previous' written nab furnished 10 the Caltractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient 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 atter 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 aedited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any-, under any Construction Performance Bond. By the Contractor furniShing and the Owner accepting this Bond, they agree that alT funds earned by the Contractor in the perfonnance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under thiS Bona, subject to the Owner's prior- ity to use file 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 unrela- ted to the Construction Contract. The Owner shall not be liable for payrT!ent of any costs or expenses (!f any Claim- ant under thIS Bond, and shall have under this I3a1cf no obli- gations 10 make payments 10, give notices on behaJf 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 Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction 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 Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was perfonned by anyone or the last mate- rials or eguipment were furnished _ rYf ~ under the Carr slruclion contract, whichever of (1) or (2) first ooo.JlS. If the provisions of this Paragraph are void or prohibited by law, the minimum ~ of limitation available to sureties as a defense in the Jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address 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. . 13 When this Bond has been fumished: to comply with a statutory or other legal requirement in the location where the construction was to be performed. any provision in this Bond conflicting with said statutory or regal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED, . AJA(ij) THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 . : A312-1984- 5". - .,~. . Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity 8Ilpearing to be a potential berieficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant hi individual a entity havina a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance ci the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipmenf' that part of water, gas, povver, light heat, oil, ~ine, telephone service or rental equipment used In the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor'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 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner ,which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. CONTRACTOR AS PRINCIPAL Company: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) , ! SURETY (G~rporate Seal) Company: I. I'.:. ., Signature: Name and Title: Address: (Corporate Seal) Signature: Name and Title: Address: AlA DOCUMENT A312. PERFORMANCEBONDANDPAYMEmBOND- DECEMBER 1984 ED. -A1A@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 . A312-1984 6' . . ~ . . '. :' .~. . .':': .'. . '. '..o.:,,~:. N(nl~H AMERICA~' SPEC'.iJ\iLTy':INSUR,ANCE_' -dOMPA'~Y, "'/:}"t.':-:<";.:- \......... '.:' .' ~ . '.. ..,' . . ~' '. ./ ._.<>":r;;~:\.: :'~ :, ~..t. . < . . .. . '.' :'. . L': ,~.:GENERAL.POWEROF,ATTORNE:y .. ." "" . .' . . ::.' .,:: :.; . . ~,,-:: '.::..: '. .. . '.' . : ~ '. . '. . ~ '.. : . i; '." '.': :. .. .... KNOW ALL MEN BY THESE .PRESENTS. TH.A:r THE .NORTWArvlERICAN SPECIALTYrlNSURANCE C.OMPANY, :acolporation dUly,;-Qrganized and .. ..... . "'. .. ...... .. '.. ..... . . existing under !ilWS f)f the: Stilt~ of .Nbv. Hampslllre. an,;! J1i'ivjng-lls,princiea.1 o(fj~~\i!)the City' 01 fv1ancl1ester,:'Ne~ Hampshire.has.made: CQristiluted and appou'lted, and by these presents_ does make. constitute:and appoint .:. ": _ -, - -'. . . _ - . . '. . .' . .' .~ '.. : ~. .' ; p~ D. Yates,.Jr.,.P~ D. Yates III; Karen A. Maynard, Michael L. Angel, '. Michael S. Brickner, Emmett.H. Hall, Kevii'1M. Neidert, Tamara Hendrix; Brian' K. Hughes,. Aaron M. Hill, Betsy J. Holmes,. - ,..jpintIYl or severally" and_all ot:Atla~ta, GA . . .r,~:' ;'..: . -.::}:-'o. :: .' . ." .. . '... .... '.' ~ ..':'. ..... .,'.' ",:: ~:. '.; .: .:. ;::.: ~ '. -: '.'. its true a:ld lawful Altorr",y-i~-Fac::t. IO!1:1ske. exee~te, seal. ana de.jiver fC)r~ a.nd on .itsbeh~1f ~I!!Cl as'its act and,~eed bonds or other writin~s obligator/, in IhenatUle of a pond on oehalf of said -Company. as surety, iionds,uli.dertakings and_cPhtr$!CIS of suretyship' to'be givel:'\to i'lnobligees,p~ovided that no . . bond or ulldElrtakillg or cQfltr<"lt:t .0.1: suretyship emcuted:!Ji1C1er this.,authonty, shaH .~xceep. in the amot,lnl of. . .:: . ,.~: '" ;~..' . , . .~ '.' '; .;.\ ~:.:' ..... .... :: ....< '.. " . ~.~ .. ~ ~~.., ':. :'" '.. ,": ." ".... .' Sl)(rVIILLI,ON(p;6oo;ooo.OO):l?QL~'A~S.'. " ,. .;,' . :.:. . ...:' :0.........:. .:. .>.~.' . :.: " ~". .::..~..' ;...........'.~. .~.~. .....~: .~.:>_. . The. RONer 01 Attor'1ey is' gr.anted and is sigI1ed.i'lnd seal~d.,0y;iac~imile,~lld~r-ari(f by the auth0(i~'.,ol ti1e 'ifijlowihg' R~SQluti0t1,ad9~led by the Board of":Direciors c' North .t.\rpericsn:t.3pecililllY .il1s_urance COl'!1pany al. E'i'meelip9 duly .~alJed:!lrrc;l"I~:etqpn the 24t1i= 91 April;:.;19.85. <.: .-." ". ,;i,.- :.:.:: . :-":: .: :t;:~: ::.:' . -')/;1. <:.~:.~-.. .::.::' ...>'-.~'~~~;:":'> ,;,t:/ '.;Jr"!-il:'~' t('> <:.' :l)';{::="" :.~.> :~.<; :~{;~~/' ....' . - i-;.' " ~RESO'-VF.D. that the PrF,lSirlpnt, i'_n~-'\I'ica PrestdP.rtt, an!',,Ao;si$tant Vipe'.P'~:3idenrQf. any..'lJecrelaiy be~)d.,each .q(any 01 theru:~,erel;>:J is. autJ:jprized . tv exer,1,Jle PUWEl(of,Allomey qw,iilfy.t')g'ihe i:lttorney narn';;~il~ rlE-'giy~i;'.P<J\llIf;lr-of I\ttojn~~.:to-execute on b?halfof Nortl1:Amencan SR'~claltY:.lnsurance Company bOlll:!s'..,un~ertakil'l~~;>ai1;1"all conlrac~~,pf su;etY.l,,_.!).rl(.tJhflt.::~~ch-Qf "'1y,iPfJl)~n;Y8ereby is a~!horized;to a!t~~tIO\~h.e executiOl'l",9taIW SllCh Power .~ . 01 Alto!.ney and to attach fl~rEHo th1 S:.~I,:0~Jh~:~9omp?-~y.~.I:t,nd':j':' ~ .~h.::' ,-. }'1"" .:~\~.~ .:), ::-"?L:/"':::.:;'~_:, ;'" .- -:V/_'. = . ~_: . F.URTI-lER flE.3()LIJ~D. thai t~e sjg~~lure '_Q:l ::uC;h ~t(ic.;efs ~iifHhe seai;,or Ihe:9QmP~ft.Ytina(pe.a:mxed.to anY;;$uch Pi:>w~(of Alt~rciey or 1p any = :,:.' qertitic~te r.e~1ing IMreio:-bY;,!&7~i~i1e. a~CI an~~p~h P~w~r. Of. Atl0-,.n~_ or Cer~~fj~a~:'9~aring such !~sio/iile sign~!Hr~so: J.~csil))jf~~S~~I~~6all be binding up~':" tM'C.ompany whe~l so.,af,tll<e':l.,an,~ ,!~,t~e future wub regarrf.~J any bond. une~rl~~!~.g:~r.;9.onlract of su~ety tOW~J9h.lt~!~},~~t~checl~~.,.' .:.',_.;.... :., ..;: . .'; ..:......~. .-'. "- .... '....':.'; .. .~.";':~. ~h~..t..,...;..-.~'~.~ '.:..' .:~;~~~..,~.. "~.:;' ,"":-.:. -:..'(.:::... .:;..:..~. -: In Wit~ess Whereof; No~_ttl.A~nEl!ican $pecia!ty,,1:1surancE Gump.uny h~s caused it~:o!ficial ~~?llo'l?~,berel;mto affixes!, and lhese pre~eri~'io be_'signed ~.; ..,by lt~ Pra!?Ir::t~nt ano attestG~ .by (}n~ oi It~"~ssiitl'l~tViae Pr~I(;Ient~ on :/1e'l~tJ:l ~I p~pembet(J9~; ,.,::.t ,. ,- - : ;'.,. ,.:. _ ...~' .;,' ..... .'.' ':.' ':.'. ~ ',.: "."V" ." ~. :.~. .....~.. -:,-:~ .,~.:..~:~.:~' ~~..'. .:::..::(~.:::;. : ".'': ...)...; .......~~ .. '. .. l\.<~' -t;~.. ..:.~;...~ ..' '"; ,".'; . . ":;'-. . ,.,-.,: .::.\{~)r-""'''''~~.~tY ":~~;:.-. . .-' ,'\ ~"y:.~.::;-. -'.~ I':>\k~~,~~;;;):'~') Lf.::':':~. -,S .'.' . . -. '''JV?' ':'" .',r'. . . '. :':" :~.... ..~::.,.:-'::;; ~.<.:;r' :<"<=:.SY' - . . ,~,. · ':.-. . -_ .:< ~~. . ~:. 'BY:-':;'" ~ ." _ RQbert M: 51)1~~tc ..p_r,!~~flert:~nd'Chlef ~~~rating.'p~f;.!~'r . ._y 'JF1'~~t.; ....:",. ,~. ..(-:~. <;',;>,,' :",;i'-' :-t:",.;, '-'.;;;:.:r:::l~,,~~d2;r ..... , ;' = " . ; '''';. . State' of Ohio , :.: coufi~.:(iCuyah6ga' 59; :".. ..,;_' "..' . . <_: . ',,' ~ '...: :2Y:>:';':, _,. . "" /: ::~y, ,', " w, ..~.':,: ;~~~:. .,:'.:,. ...,. '~" ;'~);';::':'" ":~.J..".::/ :.,~, ".(. ",.' /J.~'e~: (~.' ":'. : :Li~::,: ',.,.;. '," ~<:~~.. "'" _'_"" ',.: _'_,'_ ~~.'~~.. ,...:.....:.. .~...:.-. ~:.~=.~., :..... :'.. ~ ....... .~;~. ......;..'..--=:,:-:...... ...~.....',(.":..?;:~,. ".' . On this December f4. 1998, be.fofeme, a Notary Public per$onal.ly app'~~red Robe-(tM._l?olilfo and Steven E.. HolzwEirt persqllalltkno~vn~to' (ll~_,.'I,1Iho being . by-'me duly:sworr., al;knowl~?ged-t!;al tM~ sig,ned t~~..above::'P9.,.v~r-.Of"'A~orney a~,:?fficer.sof said NORTH A~'~~t~ANS~~Ci~,~TY,:'(fsisU~Af:.JCE ,. ~~:A:o'""acl<''''''''''''''' ,.",.,,'o,..otl.be1h....O".Ia<1I.;a:".d.deed ""M"o~7~'" .' . '. ":'?f:_'-.'. ,:'~:'..'~.'.' :/'...:-<.......::: Notary Public - Stale of OhiO. . .. -1 My-commission 'expires May 6, 2003 . . ':. .. , . . . . '" .. . -"Sle\l~{1 E.H6!z~",f.~- A~,sitl.iaril\Jice .l?rE:'5j~en( " .~ <:' ..j .~: .~; ~:..:;:. '". i"~ '.~}~~:' ..~J~~" ,..;. ~~~/:~ \;",\-:,:. {:,~:.;.;_:}:~> :4ih> ,'~;. .;,.';.:: ,:;:;~~:.,_.,; .':~: -^ :=. . ': - .,;' 7.:"~ . ' I. R. Scott liptaK,Assisianl Vice Preside(lt, of NORTH AMERICAN SPECIALTY INSURANCE- COMPANY. do hereby certify that tbe above .and ,Ioregoing is a.irue and correct copy 01 a Power cfAllorney by said NORTH ~MERICAN SPECIAlTY'INSURANCE COMPANY, which is still infulllon:;e'and etlec~. .INWITNESSWHEREOF, . .:.>>>. ;. : .:. ;,'_' :~'. :~':.~ >'_'. .'>::''"._ ~. . -::. > - _.' '..:' .. . .:' ~ ~:' : '. .. '.. /. ...:.. .....'~; ~. I hereto_set my hand andaflixe~:~hese~r:Of S~i~/compa~yt~is_,,_ i> ~..."'.~: ::::':-/;;''-;R''':~ .:,:.: ..... :;',:i,X ", h~::- ,~. '- ,.. - ~ .~ ''':-.', .. ,'.>.r...;,:.::;t:" .)'_~~ ,.,':.y.:..t 'i;:.((i?'~)' /1':::1\;,\ .;',:" ,-:-<.~',_-\;:;:.:' >.l;,}':_> "'" , ' _ - ~"'" ......... . (i'. '.II\: "",} n "." '-.' 'u.. .. , .,' " . . .',." .:-...~ND 11.~~~J (r~~. 1 ~9) ~:.:A~'}~{;,;". "':','. - ,tl< '.' :. :r.;::1i~j;i~J/' ;;.~~::~r~~:~j.;.i~";._l:_. .,'- :,,::.:: \~-:' R: 'S,~?~'t:,ii?l~k, ,~.SSiS~~h~Y~9~;~~esi~~~I- '. :;~. ..~ i.!~ ':.: ~~:. ':::'@~~~. ~~:.t;: ..~J.::'~.::;~(.:;i;/~:)f::~' /~~'(: .t~\~~;t'.i~~:'. ': :~~ /"~~: ".::: ~~/'{f, .~:~y .: :~.~:..~ James Z!olo, N~tar.y Public - . ':~.::;;; .H..'="":' '; ~..,.. iiil =:!,~ '; =; IIi".; ~ lWIlJ:; '.!.1 ~ L"I ....~.U'H.,~ 1 ~ ." I I Shop DI'aw;n,S-AU drawings. diagrams. i1JusuatioDs. schedules and oUler dam which are spccUic:ally pn:pved by or for CONTRAcrOR to illustrau: some portion of the Work and all illuscraQons. brochums. scaadard schedules. perfor- mance c:hans. insauctions.. diagrams and other informaDOD prepaRd by a Supplier and submitted by CONTRACTOR to illustrate materia! or equipment for some portion of the Work. I I Specificarions_ Those portions of the Conuact Documenu consisting of written technical descriptions of materials. equipment. constnJction sYStems. standards and wor1cmaa_ ship as applied to the Work and certain administrative details applicable thereto. I I Subcontractor_An individual. linn or co~oration haVing a direct conuact wiUl CONTRACTOR or with any other Sub- conU'aCtor for the periormance of a pan: of the Worle at the site. I Substantial Complerio_ The Worle (ora specified pan: thcn:af) has progressed to the point where. in the opinion of ENGI- NEER as evidenced by ENGINEER's dennitive certificate or Substantia! Completion. it is sui'ftciently complete. in accordance with the Conuact Documents. so that the Worle (or specified pan) Qn be utilized for the purposes for which it is intended: or if there be no such certifica.te issued. when lina! payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted" as applied to any Worle refer to Substantial Comple- tion thereor. . I I I Supplementary ConditionS-The pan: of the Contract Docu- ments which amends or supplements these General Condi- tions. I I Supplier-A manufacturer. fabric:ltor, supplier. distributor. matenaiman or vendor. I Underrrollnd Facilities-AJl pipelines. conduits. ducts. cables. wires. manholes. .vaults. tanks. tunnels or other such facilities or attachments. and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity, gases. steam. liquid petroleum products. telephone or other communica- tions. cable television. sewage and drainage removal. trafftc or other control systems or water, I I I Un;t Pric~ Work-Work to be paid for on the basis of unit pnces. Work-The entire completed construction or the various sep- arately identifiable pan:s thereof required to be furnished under the Contnlct Documents. Worle is the resulc of per- fanning services. fumishinglabor and furniShing and incor- porating materials and equipment ineo the constnlction. all as requin:d by the Contract Documents. I I Wo'* D;rect;lI~ Chan,~A. wriaen directive to CONTRAC- TOR. issued on or after the Effective Dace of the Agreement and signed by OW~ER. and recommended by ENGINEER. I ordering an addition. deletion or revisioa ill the Wort. or rcsponding to differing or unforeseen physical conditions WIder which the Work is to be perfonned as provided ill parafJl'aph 4,2 or 4.3 or to emergencies UDder p;nsrapb 6.22. A Wortc Directive Change may not change tJle Conaact Price or the Contract Time. but is evidence dw the panics expect thu the change directed or doc:umealCd by a Work Direcdve Change wiU be incorpOrated in a subsequently issued Chaap Order following negotiations by me parties as to its eff=. if any. on the Conuact Price or Comn.c:t lune as provided ill patagr.lph 10.2. Wrill~n Am~ndm~1ft_A. written amendment of the COfttracl Documents. signed by OWNER and CONTRACTOR OD or after the Etfective Date of the Agreement and normally deal- ing wim the nonengineering or nontccbnical r:uber Ulan stricay Work-related aspectS of the ConU'aCt Documents. ARTICLE 1-PREtL.~ARY MAnas DtI/illfl"1 of Bonds: 1.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may oe required to fumis;; in accordance with PlU'agrap1l S .1. Copitls of DocWfttllUS: 1.:. OWNER shall furnisn to CONTRACTOR up to ten copies (unless otherwise specified in the Supplemenrary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies wiD be furnished. upon request. at the cost of reproduction. CommflnCfl1lUl1ll of ContrtU:I rime: NOtit:fllD PrtJcefld: 1.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any . . time within thirty days after the Effective Date of the Agree- ment. [n no eVent will the Contract Time commence to run later than the seventy-fifth day after the day of Bid ol'ening or the thirtieth day after the Effective Dale of the Agreement. whichever date is earlier. SlIIninr 1M p,."jftl: 1.4. CONTRACTOR shaJl stan: to perfonn the Work on the date when the Contract Time commences to nzn. but no Work shaJl be done at the site prior to the dale on which the Contract Time commences to run. B_/on SIIII'tinr COIUII'IIClillII: 1.5. Before undertakin; each pan of the Work_ CON- TRACTOR shaJl carefully study and compare the Contract Documents and check llnd verify penincnt figures shown 8 I I I I I I I I I I I I I I I I I I I . . thereon and aU applicable /ield measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conftict. error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER Derore proceeding with any Work atfected thereby: however. CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for tililure to report any conrtic:t. error or discrepancy in the Contnlct Documents. unless CONTR.-\CTOR had actual knowledge thereor' or should reasonably have known thereof. ::.6. Within ten days after the Effective Date of the Agree- ment I unless otherwise specified in the General Require- ments,. CONTR.-\CTOR shall submit to E:-JGI="EER for review: ~.6.1. an estimated progress schedule indicating the starting and completion \Jates of the various stages of the Work: ~.6,!. a preliminary schedule or' Shop Dnlwing sub- missions: and ::.6.3. a preliminary ;chedule or' values for all of the Work which will include quantities and prices of items aggregaung the Contract Price and will subdivide the Work into ..:omponent parts in sufficient detail to serve as the basis for progress payments dunng construction. Such prices will include an appropriate amount ot overhead and profit applic:l.ble to e:l.ch item of Work whic:h \....ill be con- firmed in writing by CONTR.-\CTOR ilt the time of sub- miSSion. 'l. 7. Before any Work at the site is started. CONTRAC- TOR shall deliver to OWNER. with a copy to ENGINEER. certificates I and other evidence of insunlnce requested by OWNERI which CONTRACTOR is required to purchase and maintain in a..:cordanc:: With panlgnlpns :.3 and SA. and OWNER shail deliver to CONTRACTOR certiric:l.tes land other evidence or insunlnce ,equested by CONTRACTORI which OWNER is reqUIred to purchase and maintain in accordance with par:1gr.1phs 5.6 and 5.7. Pr!consrruction C onfennc!: :.8. Within twenty days aftcr Ihe Effective Date of the Agreement. but before CONTRACTOR starts the Work :1t the site. a ~onrerence attended by CONTRACTOR. ENGI- NEER and ,.'then as appropriate will be held to discuss the schedulcs reti:rred to in paragraph 'l.b. to discuss procedures for handling Shop Dmwings and other subminals and for processing Applications tor P:l.yment. and to establish a working understanding among the parties as to the Work. Finali:inr Sc/'!du/.s: ::.9. At le:1st ten du~'s before submission oflhe: first Appli- c:uiun for Parment " ~onference attended by CONTRAC- TOR. ENGI~EER and uthel'5 as appropriate will b.: held 10 finalize the ~~hedules submitted in acconJance: with PUr-ol- graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing 3ft orderly progression of the Work to completion within the Cunuact Time. but Such acceptance will neither impose on ENGINEER responsibility for the progress ur scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized ~chedule of Shop Dmwing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The fin:llized schedule ut'values will be accept:lble to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUME="TS: INTENT. AMENDING. REUSE lm.nt: 3.1. The Contract Documents comprise Ihe entire agree- ment between OWN ER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is caUed for by one is as binding as if called for by all. The Contnlct Documents will be construed in accordance with the law or" the place of the Project. 3.::. It is the intent of the Contracl Documents to describe a functionally complete Project (or part thereol) to be con- structed in accordance with the Contract Documents. Any Work. m:lterials or equipment that nlay reasonably be infetTed from the Cuntract Documents as being required to produce che incended result will be supplied whether or not specifically called for. When words which have a well.known technic:l.J or trade me:lning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that me:1ning. Reference to standard specifications. manuals or codes or" any technic:l.1 society. organization or association. or to the L:l.wS or Regulations or' any governmental authority. whether such reterence be specific or by implication. shall mean the latest standard specificauon. manual. ~ode or Laws or Regulations in ctTect at the time of opening ui Bids lor, on the Effective Date of the .~reement if there were no Bids'. e:<cept as ma.y be otherwise specific:1l1y st:ued. However. no provision of any referenced standard specification, manual orcode I whether or not specifically incorporated by rererence in the Contract Documents, shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER. or any of their consuitants. agents or cmploy- ees from those set forth in the Contnlct Documents. nor shall it be etTective to assign to ENGINEER. or any of ENGI- NEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance of Ihe Work or any duty or authority to undenake responsi- bility contnlry 10 Ihe provisions uf panlgr:lph 9.15 ur 9.16. Clarifica.tions and interpretations of the Contract Documents ~hal1 be issued by ENGIN EER as provided in paragraph 9.4. 3.3. If. during the performance of the Work. CONTRAC. TOR finds a conrtict. error or discrepancy in the Contract Documents. CONTRACTOR shall so report to ENGINEER in writing at once and betore proceeding with the Work :ufected chereby sh:111 obtain a written interpret:&tion ur clarilication 9 1 I from ENOINEER.: however. CONTRACI'OR shall nOI be Liable to OWNER or ENOINEER for failure to report any conJtict. erTOr or discrqlancy in the Contnct OocwnCftlS unless CONTRAcroR had acaw knowledge thlnOf or should n:asOnably have Imown mereof. I I AlrWlIIlin, fIIUI S""iMlrWruia, CIIIIII'rICt DOt:ll1MlIU: 3.4. The ConlZ"ac:t Documencs may be amended to pro- vide for additions. deletions and revisions in me Work or to modify the terms and conditions thereof in one or more of the followins ways: I 3.4.1. a fonnal Written Amendment. I 3.4.2. a Change Order (pursuant to pazagraph 10.4). or I ~.4.J. a Work Directive Change (pursuant to para_ graph 10.1). I As indic::l1ed in paragraphs II.: and 12. I. Contract Price and Contract Time may only be ;:hanged by a Change Order or a Written Amendment. I j.S. In addition. the requirements of the Contract Docu- ments may be supplemented. and minor variations and devia- tions in the WQrk may De authorized. in one or more of me foUowing ways: I j.S .1. a Field Order (pursuant to paragraph 9 .S). I 3.S.2. ENOINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and6.11l. or I 3.5.3. ENGINEER's Wntten interpretation or clarifi- cation tpursuant to paragrapit 9..n. I Reuse of Docum."a: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or fur- nIShing any or" the Wane under il direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings. Specifications. or other docu- ments lor copies of any thereoO prepared by or bearing the sea! of ENOINEER: ilnd they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ~"OINEER and specific written verification or adaptation by ENOINE!R. 1 I I ARnCI.E 4-" V All.ABIUTY OF LANDS: PHYSICAL CONOlnONS: REFaENCE POINTS I I AWlilllbiJiq 1I1l.iuuU: 4.1. OWNER shall fumish. as indic:aced in the Conmu:t Documents. the lands upon which the Work is to be per_ fanned. righcs-of.way and easements for access thcn:lo. and I such other lands which are desigmited for the use or CON- TRACTOR. Easements for pennanent strUctUres or perma- nent changes in existing facilities will be obtained and paid for by OWNER. unless otherwise provided in the COIIU'ICt Documenrs. If CONTRACTOR believes thar any detay in OWNER's fumishing these lands. righrs-of-way or ease- menrs entitles CONTRACTOR to an extension of the C0n- tract Time. CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR sha11.provide for aD additional lands and access thereto that may be required for temporary constructior: facilities or storage of materials and equipment. Phys"aJ CondiJiDns: 4.2.1. uplorarions and R~po"s: Reference is made to the Supplemen~ Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENOINEER in prep. OU"ation of the Contract Documents. CONTR.-\CTOR may rely upon the accuracy of the technical data contained in such reports. but not upon nontechnical data. inte."reta_. tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Excepr as indi- cated in the immediately preceding sentence ilnd in para_ gnpn 4.1.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the SIte. 4,2.:. Ezisring Srrucrur~s: Reference is made to the Supplementary Conditions for identification of those dr.s.wings of physical conditions in or relating to existing surface and subsurface structures iexce;n Underground P'acilities referred to in paragraph 4.3) which 3n: at or contiguous to the site that have been utilized by ENOl. NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the complete- ness thereof for CONTRACTOR's pUl'l'oses. Except as indicated in the Immediately preceding sentence and in PlI"qraph 4.1.6. CONTRACTOR shat! have iwll respon- sibility with respect to physical conditions in or relating to such structures, 4.2.3. R~pon oj Differing Condirions: If CONTR.'\C- TOR believes that: 4.2.3.1. anv technical data on which CONTRAC. TOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.1 is inaccurate. or 4.2.3.2. any physical condition uncovered or revea!ed at the site differs materially from that indi- cated. reftec:ted or referred to in the Contract Docu. menrs. CONTRACTOR shall. promptly after becoming.aware: thereof and before performing any Worle in connection therewith (except in an emergency as pennitted by par.a- graph 6.2:!). notify OWNER and ENOINEER in writins about the inaccuracy or difference. 10 I I 4,104. ENGINeER'.f R~";~'I': E!'IGINEER will prompdy review lhe pertinenl cundilions. \Jetermine the necessitY of obtaining 3dditional e:,~plor:llions or teSts with respect thereto and 3dvise OWN ER in wriling (Wilh 3 copy to CONTRACTORI of ENGINEER's findings 3nd con- clusions. I I 4.2.5. P(1.f.fih/~ D"('''m~nt Clltlnfl~: If ENGINEER conclu\Jes that there is 3 material e:rror in the Contruct Documents or that beci1usc: or' ne:wly discuve:red condi- tions 3 chl1nge in the CUnt/':1Ct Documents is required. a Work Direclive Change or 3 Change Order will be issued as provided in Article 10 to rel1ect and uocument lhe consequences or' the inaccu/':1cy I.lr difference. I I ~,~,6. Po.uih/~ Pr;('(! /lml Tillie ,~dj"st"'~lIIs: In each such Ci1se. I1n increase or decre:1Se in the Cont/':1ct Price or an e."ttension ur shortening of the Cont/':1ct Time. or any combination lhereor'. will be 311uwable to lhe extent that thel' are attnbutable [0 3ny ~uch inaccuracy or aitTerence. If OWN ER and CONTRACTOR 3re unable [0 agree :u to the i1mount or length [herear'. 3 claim may be made therefor i1S provided in Articles II :lnd I~. I I I Physical C onditions-l. '"derground F aci[ilies: J..3.1. SIIolI'n or II/rJi,'al~d: The informalion and data shown or indici1ted in the COnt/':1Ct Doc:::r.e:us with respect to existing Underground Facilities at or COntiguous to the site is based on infonnation and d:lIafumished to OWNER or ENG IN EER by [he owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplemenlary Conditions: I I J...3.1.1. OWNER and ENGINEER shall not be responsible for [he 3CCU/':1CY or completeness of any such iniormation or data; and. I i ~.3.1.:. CONTRACTOR shall have full responsi- bility for reviewing 3nd checking all such infannation and data. for loc:mng all 11 nder'iround Facilities shown or indicated in the Contract Documents. for coordina- tion of the Work with the owners of such Underground Facilities during construction. for Ihe safety Clnd pro- tection thereof as provided in paragraph 6.~0 and repairing 3ny di1mage thereto resulting from the Work. the COSt of all oi which will be considered ClS having been included in the Contract Price. I I ~.3.1. .VIII 51111I1'" ",. I"dit-uted. If an Underground Facility is uncovered or reve31ed :11 or contiguous to the site which WClS not shown or inuicated in [he Contract Documents and which CONTRACTOR coulu not reason- ably have been expected 10 be aware of. CONTRACTOR shall. promptly aft~r becomlOg aware rhereof and before pertorming any Wurk CltTected thereby (except in an emer- gency as permitted by paragraph o,~~l. identify the OWndr of such U nUdl'!fOun\J F:u:ility and give written notice thereof to that ownc:r and I~ OWN ER and ENGIN EER. ENGI- NEER will promptly review rhe Unuerground Facility to I I I I determine the extent to which the Contract Documents should be molJified to redect and doc:ument the conse- quences of the existence of the Underground Facility. and the Contract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC_ TOR shall be responsible for the safety and protection of such Underground Facility:lS provided in paragraph 6.20. CONTRACTOR shall be a.Ilowed an increase in the Con- tract Price or O1n extension of the Cont/':1ct Time. or both. to the extent that [hey are altnbutable 10 the e,istence- of any Underground Fi1cility that was not shown or indicated in the Contr:1ct Documdnts and which CONTRACTOR could nOt rei1sonably have been e."tpected ro be aware of. ffthe parties are unable to Clgree:1S to the ClmOUnt or length thereof. CONTRACTOR may make a claim therefor as provided in Articles II anu I~. R~/~nnc. Poinu: ~.~. OWN ER shClI! provide en~inecring surveys to estab- lish reference points for construction which in ENGINEER's judgment are n~essary [0 enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responSible for lay. ing out the Work lunless otherwise spe:cified in the Ge:neral Requirements I, shall protect Clnd preserve the established rererence points :And shClI! make no changes or relocations without the prior written approval of OWN ER. CONTRAC- TOR shall re!'ort [0 ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon- sible ror the accurate replacement or relocation of such ref. erenCe points by prOfessionally qualified personnel. ARTICLE 5-BONDS AND INSt:R.-\NCE Performance and Oth,,. Bonds: 5.1. CONTRACTOR shal! furnish pen'ormance and pay- ment Bonds. .:ach in an amount at least equal to the Contract Price as security for the f:Ulhful pert'ormance and payment of :111 CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shClI! remain in cifect at least until one year O1iter the date when final payment becomes due. except O1S otherwise provided by Law or Regulation or by the Con- tr::lct Documents. CONTRACTOR shall 31so rurnish such other Bonds O1S are required by the Supplementi1ry Condi- tions. All Bonds shall be in the forms prescribed by UW or Regulation or by the Contract Documents 3nd be executed bv such sureties as :u-e named in the: current list of "Com- p~nies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and clS Acceptable Reinsuring Com- panies" :u publiShed in Circular 570 (amendedl by the Audit StatY Bureau of Accounts. U ,S. Treasury Department. .-\11 Bonds signed by an agent must be Clccompanied by a certined copy of the authority to aCt. oW 5,:!. If the suren' on anv Bund furnished by CONTRAC- TOR is uc:clared a bankrupt or becomes insolvent or its right [0 do business is henninateu in any state where any part of 11 I I the Project is located or it ccasc:s to mc:c:t the requiremc:alS of ~ph 5.1. CONTRACTOR shall within ftve days thc:n:aite:r substitute anothe:r Sand and Surety. both of which must be acceptable to OWNER.. I COIlll'al:tD"1 LiDbiJiq llUruruu:e: 5.3. CONTRACTOR shall purchase and maintain such comprehensive genenlJ UabiJity and olher insurance: as is appropriate: far the Work being pc:rt'ormed and furnished and as WIU provide prolection from claims set (o\'tJ1 be:low wbicil may arise: out of or mwt from CONTRACTOR's perfor- mance and furnishing or the Work and CONTRACTOR's other obligations under the ConU'3.Ct Documents. wlu:lber it is to be: periormed or furnisiled by CONTRACTOR. by any Subcontractor. by anyone c1ircctJy or indirectly employed by any of them to perform or fumish any of the Work. or by anyone: for whose acts any of them may be liable: I I I I 5.3.1. Claims under workers' or workmen's compc:a- sation. disability bene:nts and other similar employee beD- ent acts: I 5,3.':. Claims (or damages because of bodily injury. occupationat sickness or disease. or death of CONTRAC. TOR's employees: I 5.3.3. Claims (or damqes because: or bodily injury. sickness or disease. or death of any person other thaa CONTRACTOR's employees: I S.3A. Claims for damages insured by personal injury liabililY coverage which are 5u$[ained lal by any person as a. result of an off'ense directly or inciir:ctly related to the employment of such ~erson by CONTRACTOR. or lbl by any olher person for any other reason: I I 5,3.:. Claims for damages. other than to the Worle itself. because of injury to or destruction of tangible prop- erty wherever located. inClUding loss of use reswting ther:efrom: I 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bOdily injury or dc:u:h of any person or for damage to property: and I I 5.3.7. Claims for damages because ofbedily injury or death of any perso~ or property damage arising OUt of the: ownership. maintenance or use of any motor vehicle:. I 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 Supplemen- tary Conditions. or required by law. whichever is greater. The comprehensive genenlJ liability insurance shall inclUde completed operations insurance. AU of the policies of insur- ance so required to be purchased and maintained lor me certificates or other evidence thereof) shail contain a pro";' sian or endorsement that the coverage atrorded will not be canceUe:d. materiallY,changed orrenc:wal refused until atlc:ast I . - thifty days. prior written notice has been given to OWNER and ENGINEER. by c:c:rtmed mail. AU sucll insurance sbaJ1 remain in effect until final payment and at all limes thereaacr whc:a CONTRACTOR may be correctiag. removinc or replacing dtlfet:ti,,~ Work in accordance with paragrapb l3.1%. In addition. CONTRACTOR shall maintain such completed operations insurance: for at least two years alter final paymc:at :1nd furnish OWNER with evidence of continuatioa of suc:b insurance at final payment and one year thc:rcaiter. ColIII'fU:tZuI/. Li4biJiq llUruruu:6: 5.4. The comprehensive genera! liability insurance required by paragraph 5.3 will include contrllctual liability insurance applicable to CONTRACTOR's obligations under Paragraphs 6.30 and 6.31. Owru"s UailiJiq lrururuu:e: 5.5. OWNER shall be responsible for purchasing and maintainIng 0 WNER' s own liability insurance and. at OWNER's option. may purchase and maintain such insur- ance: as will protect OWNER against claims which may arise from operations under the Contract Documents. P""Pflrry I nSUITZ1ICfl: 5.6. Unless Otherwise provided in .the Supplementary Conditions. OWNER shall purchase and maintain property insurance upon the Worle at the site to the fwl insurable value: thereof (subject to such deductible amounlS as may be pro- vided in the Supplementary Conditions or required by uws and Reszulations). This insurance shall include the interestS of OwNER. CONTRACTOR. Subcontractors. E~GINEER and ENGINEER's consultants in the Work. all of whom shall be listed as insureds or additional insured parties. shall insure ap,inst the perils of lire and extended coverage and shall include "all risk" insurance for physica! loss and damage including theft. vandalism and malicious mIschief. collapse and Water daml1le. and such other perils as may be provided in the Supplementary Conditions. and shall include damages. losses :1nd expenses arising OUI of or resulting from any insured loss or incurred in the repair or replacement of any insured property lincluding but not limiled to fees and charges of engineers. architects. attorneys and other professionalS). If nOI covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Condilions. CONTRACTOR shall purchase and mainUlin similar property insurance on portions of the Work slored on and oirthe sile or in transit when such ponions of the Worle are to be included in an Application for Payment. S.7. OWNER shaU purchase and maintain such boile:rand machinery insurance or addilional property insurance as may be required by the Supplemencary Conditions or Laws and Regulations which will include the interesu of OWNER. CONTRACTOR. Subcontractors. ENGINEER AND ENGINEER.s consult:1nts in the Work. aU of whom shaU be listed as insured or additional insured parties. 12 I I I I I I I I I I I I I I I I I I I I , 5.8. All the policies of insumnce lor the certific:ues or other evidence thereon required to be purchased and main. tained by OWNER in :1Ccordance with Plll"llgr.lphs 5.6 and 5.1 will contain a provision or endorsement that the coverage atfortfed will not be cancelled or m:lleri:1lly changed or renewal refused until at least thirty dllys' prior written notice has been given to CONTRACTOR by certilied mail and will contain waiver provisions in accordance with paragraph 5.11,2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontmctors or others in the Worle to the e:<eent of any deductible 3mOunts that :u'C provided in the Supplementary Conditions. The risk of loss within the deductible amount. will be borne by CONTRACTOR. Sub. contractor or others suffering any such loss and ifany orthem wishes property insumnce covemge within the limits of such amounts. each may purchase and maintain it at the purchas. er's own expense. 5.10. If CONTRACTOR requeSts in writing chat other special insumnce be included in the property insurance pol. icy. OWNER shall. if pOSSible. include such insurance. and the cost chereor will be charged to CONTRACTOR by appro. priate Change Order or Written :\mendment. Prior to com- mencement of the Work at the site. OWNER shall in writing adVise CONTRACTOR ..\Ihethe~ or not such other insurance has been procured by OWN ER. WaiVl!'r oj Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for JII losses and damages ':3used by any of the perils covered by the pOlicies of insurance provided in response (0 paragraphs 5.6 and 5. i .1Od any other property insurance 3pplicable to the Work. and also waive J.II such rights against the Subcontractors. ENGl- :-lEER. ENGIN EER.s consultants and all othe~ parties named as insureds in such policies for losses and damages so caused. .-\s required by paragraph 6.11. each subcon- tract between "tONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER. CONTRACTOR. ENGINEER. ENGI- N EER' s consultants and aH other parries named as insureds. ~one of the above waivers shall extend to the rights that any of the insured p:lrties may have to the proceeds of insurance held by OWNER as trustee or othcrwise par- J.ble under any policy so issued. 5.11.~. OWNER J.nd CONTRACTOR intend that any policies provided in response: to parolgraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary cove:mge for all losses and damages caused by the perils co\'e:red thcrcby. Accordingly, all such policies shall con. tain provisiuns to the etfect that in Ihe eVent uf payment or any loss or damage: the: insurer will have: no rights ur recovery against any of the parties named as insureds or :llJuitiunal insureds. and if Ihe insurers require sepamtl: wai\'er forms to be signed by ENGINEER ur ENGI- NEER's cunliult:mt OWNER will ubrain the lOame. and if such waiver fonns arc required of any Subcontractor. CONTRACTOR will obtain the same. Rllellip, and Applil:tMiDfI of Prot:ll,fb: 5.12. ."ny insured loss under the policies of insurance required by paragraphs 5.6 and 5,1 will be adjusted with OWNER and made payable to OWNER as tnmee for the insureds. as their interests may appear. subject to the require- ments of any applicable mortgage clause and of paragraph 5.13, OWNER shall deposit in a separate account any money so received. and shall distribute it in accordance with suclt agreement as the parties in interest may reach. If no otlter spccial agreement is reached the damaged Work shall be repaired or replaced. che moneys so received applied on account thereof and [he Work and the cost thereof covered by an appropriate Change Order or Written Amendment. . 5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the partics in interest shall object in writing within fifteen days after" the Ilccurrence of loss to OWNER's exercise of this power. If such objection be made. OW~ER as trustee shall make: set- tlement with the insurers in accordance with such agreement as the parties 10 interest may reach. If required in writing by any party in interest. OW~ER as trustee shall. upon che occurrence of an insured loss. give bond for the proper per- formance of such duties. Accllp,ancl!' oj Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance reqt:ired to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5A on che basis of its not complying with the Contract Documents. OWNER shall notify CON- TRACTOR in writing [hereof within ten days III the date of delivery Ilr such certlllCates [0 OWNER in accordance with paragraph ~.i. 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 S.i on the basis of their no~ complying with the Contract Documents. CON. TRACTOR shaU nOtify OWNER in writing thereof within ten davs or' the date of l1eliverv of such certificates to CON- TRACTOR in accordance: with paragraph ~.i. OWNER and CONTRACTOR shall each provide to the other such addi. tional 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 insur. ance purChased by the othe:r as complying with the Contract Documents. . Panilzl (.'tili:Jltiofl-l'roplln, Insuranc,: ),15, If OWNER finds it necessary to occupy"or use a portion or portions ul' the Wurk prior to Substantial Comple- tion of all the Work. such use or occupancy may be ac:com- plishell in acc:ordam:e with paragraph 14.10: provided that no 13 I I such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereat and in writing effected the changes in coverage ncccs- sitaled thercby, The insurers providing the property insur- ance shall consent by endorsement on the policy or policies. but the property insurance shaJJ not be cancelled or lapse on account of any such partial use or occupancy. I I I ARTICLE 6-CONTRACTOR'S RESPONSIBILmES I Sllpef"lisiD" anti S up.rilUlruUllce: 6.1. CONTRACTOR shall supervise and direct the Work competently and effl!:ienuy. devoting suctt attcntion themo and applying such skills and expertise as may be necessary to perform the Work in :lCcordance with thc Contract Doc- uments. CONTRACTOR shal1 be solely responsible for the means. methods. techniques. sequences and procedures or construction. but CONTRACTOR shall not be rcsponsible for the negligence of others in the design or selection of a specific mc:uts. method. technique. sequence or procedW'C of construction which is indicated in and required by tbe Contract Documcnts. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. I I I I 6.~. CONTRACTOR shall keep on the Work at all times dunng its progress a competent reSident superintendent. who shall not oe replaced without written notice to OWNER and E1'ICiINEER except under elttr.1ordinary ctrcumstanc::s. The superintendent will be CONTRACiOR's iepresentative at the site and shall have authonty to act on behalf of CON- TRACTOR. .-\H communac.:uions given to the superintendent shall be as binding as if given to CONTRACTOR. I I LUOf'. Mtllerilzis and Equipment: 6.3. CONTRACTOR shall provide..c:ompetent. suitably qualified personnel to survey and layout the Work ana per- form construction as required oy the Contr:lct Documents. CONTRACTOR shail at all times maintain good discipline and order at the site. Except in connection Wilh the safety or protectlon of persons or the Work or property al the site or adjacent thereto, and except as otherwise Indicated in the Contract Documents. aU Worle althe site shall be performed during regular working hours. and CONTRACTOR will not permit ovcrtime work or the pert.ormance of Work on Sat- urc1ay, Sunclay or any legal hOliday without OWNER's writ- ten conSent given after prior writtcn notice to ENGINEER. I I I I 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor, transportation. construction equipment and machinery. tools. appliances. fuel. power. light. heal. telephone. water. sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furniShing. performance. testing. scan-up ana_completion of the Work. I I I 6.5. All materials and equip~ent shaJl be of good quality and new. except as otherwise proviaed in the ConU"llCt Doc- uments. It required by ENCiINEER.. CONTRACTOR sball furnish satisfactOry eviaence (inCluding reporu of required tests) as to the kind and quality of materials and equipmenL All materials ana equipment shall be appliea. installed. con- nected. erected. used. c:Jcaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instructions will be effective to assign to ENGIN EER. or any or ENCiINEER.s consultants. ~ents or employees. any duty or authority to supervise or direct the fUrniShing or performance of the Worle or any duty or author- ity to undertake responsibility conuvy to the provisions of PlWgmph 9.15 or 9. 16. Adjusting Prorms Schetiw.: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance Ito the extent indicated in paragraph ~.91 adjUSt- ments in the progress schedule to rerlect the impact thereon of new developments: these win confonn generally to the progress scheauie then in effect and aaditionally will comply with any provisions of the General Requirements applicable thereto. Substizllles or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a panicular Supplier the naming of the item is intended to establish [he type. function and quality required. Unless the name is followed by words indicating that no substitution is ;Jermitted. materials or equipment of other Suppliers may"be accepted by ENGINEER if sutncient information is suomitted by CONTRACTOR to allow ENGINEER to determine thai the material or equipment proposed is equivalent or equal [0 that named. rne procedure for reView by ENGrNEER will include the fOllowmg as supplemented in lhe General Requirements. Requests for rcview of substitute items of material and equipment wiJI not be accepted by ENCl- NEER from anyone other than CONTRACTOR. lfCON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTR.o\CTOR shall make writ- len application to ENGINEER for acceptance thereof. certifying that the proposed substitute will pert.onn ade- quately the functions and achieve the results called for by the general design. be similar ana of equal substance to that specified and be suitea to the same use as thai SPCl;- ified. The application will state that the evallWion and acceptance of the proposed substitute will not prejudice CONTRACTOR's achicvement of Substantial Comple- tion on time. whether or not acceptance of the substitute for. use in the Worle will require a change in any of the ConU'aCt Documents (or in the provisions of any other direct contract with OWN ER for worle on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in conncction with the Worle is subject to payment of any license fee or 14 I I royalty. All variations or' the propo~e\! substitute from that speciftet.l will :'e iuentilieu in the applic:lliun and available maintenance. repair ant.l replacement service will be indi- c:ued. The applic:llion will al5u contain an itemized esti- mate uf all Cust5 that will result din:ctly ur indirectly from acceptance of such substitute. incluuing custs uf redesign .:1nd claims of oJther contrJ.ctor5 affecteu by the resulting change. all uf which ~hall be cunsi\!eret.l by ENGIN EER in evalu:uing the propose\! .~ubstilU[e. ENG I~ EER may require CONTR.-\CTOR tu furnish at CONTRACTOR's e:<pense additiunal data aboutlhe propuse\! sub5titute. I I I 6. i.Z. If i1 specific means. methu\!. teChnique. sequence ur prucedure uf con5truction IS in\!ic:lled in ur required by the Cuntract Documents. CONTRACTOR may lurnish or utilize a ,>ub511lute means. methud. sequence. technique or proceuure ui construction acceptable tu E~GINEER. if CONTRACTOR submits suificient information to ilJlow ENGINEER to determine that the subStitute proposed is equivalent to that indicated or required by the Cuntract Documents. The proceuure lor n:Vlew by E~GINEER wiil be similar to lhat orovlued in pal"l1graph 6. -;. I as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. I I I I 6.7.j. E~GI~EER will be alluwed a reasonable time within which tu cvaluate c:lcn proposed subStitute. E~GI- ~EER Will be the soie judge oi acceptability. and no substitute will be ordered. installed or utilized without E:-IG IN EER' s prior written acceptance which will be e\'i- denced by either a Change Order or an apprOved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's c.'tpense a ~pecial performance guarantee ur other surety with respect to any substitute. ENGINEER will record time ~eQuired by E~GiNEER and E~GINEER's cunsult.:1nts in e'la:uating sub~titutions proposed by CONTRACTOR .and in making .:hanges in the Cuntracc Documents occasioned thereby. \Vhether or not ENGINEER acce;m a ~rop05cd substitute. CON. TRACTOR shall reImburse OW:--SER for the charges of E:-SGINEER and ENGINEER's consultants for .:valuat~ ing c::1(:h proposed substitute. I I I I I Conceming Subcontractors. Supplierr and Others: 6.8.1. CONTRACTOR si1:lil not employ :1nr Subcon- t!':lctor. Supplier or Olher person or organization I including those acceptable to OWNER anu E!'lGINEER as indi- ~ated in purJ.graph b.:t~l. whether initially or ;\s a'iubsti- tute. against whom OWNER or ENGINEER may ha\'e re::uonable oi:ljection. CONTRACTOR shail not i:le required to c:mploy :lny Subcuntl"l1ctor. Supplier or other person ur organization tu furnish or perform any of the Work against whom CONTRACTOR has reasonable objectivn. 6.:tZ. It' the Supplementary Conuitions require the identity of certain Subcontl':1ctol'!l. Suppliers \lr other per- sons ur urganizatiuns I inclu\!ing those who are to furnish the principal items of materials and ~quipmen[) to be sut!- mineu to OWN ER in advance of the specified date privr tu the EtTective Date: of the Agreement fur acce:ptunce t!r I I - - OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Cunditions. OWNER's or ENGINEER'saccept_ ance (either in writing or by failing to make written objec- tion thereto by the uate indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcont/':\ctor. 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 incr::ued by the difference in the cost occasiuned by such substitution and an appropriate: Change Order will be iSSued or Written .'\mendment signed. No acceptance by OWNER or ENGINEER of :lny such Subcontractor. Supplier or other person or organization shall constitute a wai ver of any right of OWN ER or ENGI- NEER to reject defet'fi\'1f Wurk. 6.9. CONTRACTOR shilJl be tully responsible to OWNER :lnd ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and uther penons and organizatIons per- forming or rurnishing any of the Work under a \!irect or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. ~othing in the Contract Documents shall cre:lle any COntl':1ctual relationship between OWNER or E~GINEER and any such Subconcractor. Supplier or other penon or organization. nor shall it create any obligation on the part of OWNER or ENGINEER to payor to see to the payment of any moneys due any such Subcontl"l1ctor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6. 10. The divisions and sections of the Specific:ltions and the identificacions of any DraWings shall not control CON- TRACTOR in diviuing che Work among Subcontractors or Suppliers or deline:lting the Work 10 be periormed by any specific trade. 6.11. All Work pen'ormed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTR."CTOR and the Subcontl"l1ctor which spe- cifically binds the Subcontractor to the applic:lble terms and conditions of the Cuntl"l1Ct Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by pal':lgraph 5.11. CONTRACTOR sh:lIl pay e::1ch Subcontractur a just share ot' any insurance moneys received by CONTRACTOR on account onosses under pol- icies issue\! pursuant to parolgraphs 5.6 and 5.7. Pal.nl Feel and Ro.,altiel: 6.12. CONTR.~CTOR shall pay all license fees and roy- lllties and assume all costs incident to the use in the perfor- mance of the Work or the incol'l'or:uion in the Work of any invention. liesign. process. product or device which is the subject of patent rights or copyrights helu by othel'5. If II purtic:ular invention. desi~n. process. product or device is specified in the ClIntract Documents tor use in the pert'or- mance uf the Work and if to the actual knowh:dge ufOWN ER 15 I I or ENGINEER. its USe is subject to plUCat rilJhts orcopyriiDts cafling for me paymc:at ofaDY license fee or royalty to orDers. the existence of such riBllts sball be disclosed by OWNER. ill the Contract Documc:ats. CONTRACTOR shall indemaify and hold bannless OWNER. and ENGINEER and anyone dim:tly or indin:ctly employed by eirDCf' of them from and against aJJ claims. damaps. losses and expenses (including anomeys' fees and coun and arbitrauon costs) arising Out of any infringement of patent rigbts or copyrilJhts incideat to the use ia the performance of me Work or resulting from the incor,::oralion in me Work of any invenuon. deSIgn. process. product or device nOt specified in me Contract Documcats. and shall defend aJJ such daims in connection with any aJJcged infringement of such rigbts. I I I I Ptrmil:l: 6.13. Unless otherwise provided in me Supplemenrary Conditions. CONTRACTOR shall obtain and pay for aJJ con- StnlCtlon permits and licenses. OWNER shaJJ assist CON. TRACTOR. when necessary. ia obtainins such permits and licenses. CONTRACTOR sha.l1 pay aU govemmenw charles and inspection fees necessary ier me prosecuuon or the Work. which are applicable:1.l the time of opening of Bids. or if then: are no Bids on the Effective Date of the Agreement. CON- TRACTOR sha.l1 pay aU charges of utility owners for con- nections to the Work. and OWNER shall pay all charges of such utility owners for capita! COStS related thereto such as plant investment fees. I I I I I l.4wr aNi Refu.lazioru: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Reguiations applicable to fur. nishing and pe".ormance of the Work. E.'tcept when: oth- erwise expressly required by applicable L.1ws and Regu. lations. nelthe:-OWNERnor E:-SGINEER shall be respon- sible for monitoring CONTRACTOR's compiiance with any Laws or Regulations. I I 6.14.:. If CONTRACTOR observes that the Spec:ifi- C:ltions or Drawings are at variance with any Laws or Regulauons. CONTRACTOR shall give ENGINEER. prompt written notice thereoi. and any necessary changes will be authorized by one of the methods indicated in paragraph j,.~. If CONTRACTOR periorms any Work knowing or having reason to know that it is contrary to such L.aws or Rcgulations. and without such notice to ENGINEER. CONTRACTOR shall bear all costs arisinl therefrom: however. it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Spec:ific:uions and Drawings are in accon1ance with such L.a.ws and Regulations. I I I I Tazer: 6.15. CONTRACTOR shall pay all salcs. consumer. use and other similar taXes required to be paid by CONTRAC. TOR in accordancc with the [.aws and Rcgulations of the I I place of me Project which are applicable during the perfor- mance of the Work. . . (Jr. of P""mUn: 6.16. CONTRACTOR shall contine conmuCQon equip- ment. the storage of materials and equipment and the oper- ations of workcrs to the Project site and land and areas idea- Med in and permittcd by the Contract Documents and odlCf' land and areas permitted by Laws and ReguJations. rights- of-way. permits and easements. and shall not unreasonably encumber the premises with construction equipment or othCf' materials or equipment. CONTRACTOR shall assume fW1 responsibility for any damage to any SUCD land or area. or to thc owner or occupant thereof or of any land or areas conug- uous thereto. resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work. CONTRACTOR shall promptly anempt to seale with such other party by agrecmcnt or otherwise resolve the claim by arbItration or at law. CONTRACTOR sha.l1. to the fullest extent permitted by Laws and Regulations. indemnity and hold OWNER and ENGINEER. harmless from and apinst aU claims. damages. losses and expenses (inclUding. but not limited to. fees of engineers. architects. attorneys and other professionals and COUrt and arbitration costS) ansmg directly. inciirec:ly or consequentially out or any action. Ic~ or equi- table. brought by any such other i'arty against OWNER or ENGINEER. to the extent based on a claim arising out of CONTRACTOR's performance or the Work. 6.li. During the progress ofthc Work. CONTRACTOR shall keep the premises free from accumulations of waste matcrials. l'".1bbish and other debns resulting irom the Work. At the completion of the Work CONTRACTOR shall remove all waste materiiUs. rubbish and debris irom and about the premIses as well as all tools. appliances. construction equip- ment and machinery. and sUl1'ius matcrials. and shall leave the site clean and re~y for OCCupancy by OWNER. CON- 1"RAcrOR sha.l1 restore to onpnai condition all property not dc:signated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part ofany structure to be loadcd in any mannerthat will endanger the structure. nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record DoclllMlUI: 6.19. CONTRACTOR shall maintain in a safe place at the site onc record copy of all Drawings. Specifications. Addenda. Written Amendments. Changc Orders. Work Directive Changes. Field Orders and written inter'l'reuWons and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during con- stnlction. These: record documcnts together with all approved samples and a counterpart of aJj approved Shop Drawings will be available to ENGINEER for refen:ncc. Upon com- 16 'I I.' pletion or" the Worle. these record documents. samples and Shop Druwings will be delivered to ENG IN EER for OWN ER. 1 Sa!." and Prot.r:tion: 6.20. CONTRACTOR shall be responsible for initiating. maintaining and supervising aU safety precautions and pro- grams in connection with the Wurk. CONTRACTOR shall take all necessary precautions for the safety of. and shaH provide the neccssary i'rotection to prevent \!amage. injury 01' loss to: 1 1 (;,~O.I. all employees on the Work and other persons and organizations who may be alTected thcrcby: '1 6.:0.Z. all the Work and materiiUs and equipment to be incol'l'orated thereIn. whether in storuge on or off the site: and 1 6.:0.3. other property at the site or adjacent thereto. including trees. shruos. lawns. walks. pavements. road- ways. structures. utilities and Underground Facilities not desigmue:d for removal. relocation or replacement in the: course of construction. 1 1 CONTRACTOR shall comply with all applicable Laws and Regulatlons of any public hody haVIng jurisdiction for the safety of persons or property or to protect them from damage. injury or loss: and shall ~rect and maintain all necessary safeguards for such saiety and protection. CONTRACTOR shall notify owners oi adjacent property and of l." nderground Facilities and utility owne:'S when prosecution or' the Work may affect them. ilnd snail couperate with them in the pro- tection. removal. relocation and repiacement oi their prop- erty. .\11 l1amage. injury or loss to any property referred to in par:1graph ';.:0.: ur r,.:!U ';:luseti. directly 1,)1' indirectly. in Whole: \)r in part. by CO:-.lTRACTOR. lny Subcontractor. Supplier 01' any other person or orgamzation directly or indi- rectly employed by any or" them to pert'orm or furnish any ur the Work oranl"one r'orwilosc acts any Of them may be liable. shall be remedied by CONTRACTOR le:<c::pt damage or loss attnbutable to the fault oi Drawings or Specii1c;uiuns or to. . the acts or omissions of OWN ER or ENG IN EER or anyone emplo~'ed by e:ither ur them or :lnyone for whose: actscithcr uf them may bc liable. an\! not attributablc. dircl:tly or indi- rec:I~'. in whoic ur in part. to the fault ur negligen~e: of CON- TRACTOR). CONTRACTOR's uuties ilnu respunsibilities for the: safety :\nd protcction uf the Work shall cuntinue until such time as all the Wurk is completeu ilnd E:--lGI~EER has issue\! a nutice to OWNER an\! CONTRACTOR in accord- ance with par:\graph 1~.13 that the Work is accept:lble le:<!:cpt as otherwise e!tpressly provi\!ed in conncction with Substan- tial Completiunl. I 1 I I 1 1 I 1 6.:1. CONTRACTOR sh:lil \!esignate a resp,-'nsible rep. resentative :11 the site whOJiC duty shall be the pre:"entiun loll' acci\!ents. This penun shall be CONTRACTOR's superin- te:ndcnt unless otherwis.: uesignated in writinl,: by CON- TR.-\CTOR to OWN ER. 1 I Em.".ncil$: 6.Z2. In emergencies affecting the safety or protection or persons or the Work 01' property at the site or adjacent thereto. CONTRACTOR. without special instructionoraurhorization from ENGINEER or OWNER. is obligated to :lct to preVent threatened damage. injury 01' loss. CONTRACTOR shaff give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Worle ur variations from the Contract Documents have been caused thereby. IfENGI. =" EER uetermines that a change in the Contruct Documents is required because of the action taken in response to an emergency. a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawing$ and Sampltts: 6.:3. After checking and venfying all field measurements and after' compiying with applic:lble procedures specified in the General Requirements. CONTRACTOR shall submit to E:-SGINEER for review and approval in :lccordance with the accepted schedule of Shop Drawing submissions Isee para.. graph :.9). or ior other appropriate action if so indicatcd in the Supplementary Conditions. live copies lunlcss otherwise specified in the Genel"l11 Requirements! of all Shop Dl"l1wings. which will bear a stamp or specific written indication that CONTRACTOR "as satisried CONTRACTOR's responsi. bilities under the Contract Documcnts with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities. dimen. sions. specified periormance and design c:iteria. materiafs and similar data to .:nable E:-IGINEER to revicw the infor- mation as requlrcd. 6.14. CONTRACTOR shall also submit to ENGI~EER for review and approval with such promptness as [0 cause no delay in Work. all samples require\! b~' the Contract Doc- uments. All samples will have been cneckeu by and accom- panied by a specific written indic:1tionJhat CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified Clearly as to material. S4pplier. pertinent data such as catalog numbers and the use for which intended. 6.:S.1. Before submission of e:ach Shop Drawing or sample CONTRACTOR shall ha\'e determined and veri- fied all 4uantities. dimensions. specified pert'ormance cri- teria. installatiun requirements. materials. catalog num. bers and similar \!ata with respect thereto and reviewed or coordinate\! each Shop Drawing or si&ll1ple with other Shop Drawings and sample:s and with the requirements of the Work and the: Contract Documents. 6.Z'.:. At the time: of each submissiun. CONTRAC- TOR shall give ENGIN EER speciric written notice uf each variatiun that thc Shop Druwings or samples may have from the: requircments loll' the Contract Ducuments. and. in addition. shall causc ;1 spccific notatiun tu be ma\!e: un 17 I I each Shop Drawing submitled to ENGINEER Cor review and approval of c:acb such variation. I 6.26. ENGINEER will review and approve with reason. able promptness Shop Drawings and samples. but ENGI. NEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the infonnation given in the Contract Documents and shall not extend to means. methods. techniques. sequences or procedures of consuuction I except where a specific means. method. technique. sequence or proceaure of consuuction 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 indjc:ate approval of the assembly in which the item functions. CON. TRACTOR shall make com:c:tions required by ENGINEER. and shall return the required number of COn'CCted copies of Shop Drawings and submit as required new samples iCr review and approvaJ. CONTRACTOR shall direct specific attentioa in writing to revisions other than Ute corrections caJled Cor' by ENGINEE..lt on previous submittals. I I I I I 6..!7. ENGINEER's review and approv:u of Shop Draw. ings or samples shall not relieve CONTRACTOR from responsibility for :u1y '1ariation irom the requirements of Ute Contract Documents unless CONTRACTOR has in writing caJled ENGINEER's attention to e3Ch such vanation at the time of submission as required by parqraph b.:5.Z and ENGINEER has given written approval of each such varia. tion by a specific written notation thereor incorponlled in or accompanying the Shop Drawing or sample approval; nor wiD any approval by ENGINEER relieve CONTR.-\CTOR from responsibility ior ::rrors or omissions in the Shop Draw. ings or from responsibiiity for having complied with the pro- visions or paragraph 6.!S .1. I I 1 I 6..!S. Where :l Shop DraWing or sample is required by the Specifications. any related Work pen"onned pnor to ENGI- N EE..~' s review and approvaj or the pertinent SUbmIssion wiD be the sole expense and responsibility of CONTRACTOR. I CQlUinuinf the Work: 6.:!9. CONTRACTOR shall c::uT'Y on the Work :u1d adhere to the progress schedule during all disputes or disagreements' with OWNER. No Work shall be delayed or postponed pend. ing resolution or any disputes or disagreements. e;'(cept as pennmed by paragraph IS.S or as CONTRACTOR ana OWNER may otherwise agree in writing. I I I. / NJ.mllifU:lIIiIIlI: 6.30. To the fullest eXtent permitted by Laws and Regu. lations CONTRACTOR shall inaemnify and hold hannless OWNER ana ENGINEER 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 engineers. architects. anomeys and other professionals and court and arbitration costs) aris- ing out of or resulting from the performance of the Work. . . provided that any such daim. damap. loss or eapense (a) is attributable to bodily injury. siclc:nc:ss. disc:asc: or dcada. orto injury to or desuuction of tangible property (other thaa die Work itseln inClUding the loss of use resulting therefiooaund (b) is caused in whole or in pan by any negiipar act or omission of CONTRACTOR. any Subcontractor. any person or orpnization ciin:ct1y or indirec:t.ly emplOYed by any of'tban to perfonn or furnish any of the: Work or anyone for whose acts any of tbem may be liable. regardless or whether or nOl it is caused in part by a party indemnified hereunder or arises by or is imposc:ci by Law and Rc:suJations repnlless of the: negligence of any such party. 6.3 I. In any and all claims apinst OWNER or ENGI- NEER or any of their consultantS_ agents or employees. by any employee or CONTRACTOR. any Subcontractor. any person or organiz:l.tion directly or indirec:tly employed by auy of them to pedo"" or furnish any of the Work or auyone for whose acts any of them may be: liable. the indemnific:alioa obligation under paragraph 6.30 shall not be limited in auy way by any limitation on the amount or type of damages. . compensation or benefits payable by or for CONTRACI'OR or any suc:h Subcontractor or ome:" person or organizaQon under wOr1ccrs' or workmen's compensation acts. disability benefit acts or other employec benefit acts. 6.32. The obligations of CONTRACTOR under pam_ ~h 6..30 shall not extend to the liability of ENGL'lEER. E."lGINEE.~'s consultants. agents or empioyees arising out of the preparation or approval of maps. drawings. opinions. reportS. surveys. Change Orders. designs or specific:ations. ARTICLE i-ordER WORK Reliued Wo,.Jc ill Sileo' i .1. OWNER may pert"onn other work related to the Proj- ect at the site by OWNER's own forccs. have other worle performed by utility owners or let otherdin:ct contracts therefor which shall contain General Conditions similar to these. If the faCt that such other work is to be perfonned 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 perfor- mancc wiD involve additional expense to CONTRACTOR or requires additional time and the parties are unable to qrec as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. ~ 7.2. CONTRACTOR shall aff'ord each utility owner and other conD'aCtor who is a party to such a direct contract (or OWNER. if OWNER is perfonning me additional work with OWNER's employees) proper and safe access to the she and a reasonable opportunity for the introduction and storage of l1WCrials and equipment and the execution of such work. and shall property connect and coordinau: the Work with theirs_ CONTRACTOR shall do all cuaing. ftrring and pau:JUng of the Work that may be required to!ftake itS SCycr.U pans come together property and intqnlte with such omer work. CON- 18 I ... ." I TRACTOR ~haJl not cnd:1ngcr any work of others by cutting. Cxc:lvating or otherwisc altering their work anu will only cut or alter thcir work with the written consent of ENGINEER and the others whose work will be affected. The \!uties and responsibilities of CONTRACTOR undcr this p:1ragMlph are for :he bcncfit of such utility owners and other contMlctors to the extent that there are comparable provisions for the bencrit or' CONTRACTOR in said direct contracts between OWN ER and such utility owners :1nd other contractors. I I I 7.3. If any part ~f CONTRACTOR's Work depends for proper e.'tecution or results upon the work of any such Other contMlctor or utility owner (or OWNER). CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays. defects or deficiencies in such work that rendcr it unavaii:1ble or unsuitable for such proper .e.'tecution an\! results. CONTRACTOR's failurc so to report Will constitute an acceptance of the other work as fit :lnd proper for integr:1- tion with CONTRACTOR's Work except for latent or non- :1pparent dcfects and deficIencies in the other work. I I I C oordinfllion: i.~. [f OWNER contracts with others for the perfor- mancc of other work on the Project :1t the site. thc person or org:lniZiltion who will have authority and responsibility for COOrdination of the activities among the various prime con- :rac:ors '~ilI be identified in the Supplementary Conditions. and the specific matters :0 ce covcred by such :luthority and responsibility will be itemiz:d. and the .extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions. neither OW~ ER nor ENG rNEER shall have any authonty or responsibility tn respect of such coordination. I I I I :~RTICLE S-QWNER'S ~ESPONSIBILlTIES I 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. I 8.:. [n case of termination of the employment of ENCl-. . NEER. OWNER shail appoint an cngineer against whom CONTRACTOR makes no reasonable objection. whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. I 8.j. OWNER $hall furnish the data required ot"OWNER under the ContMlct Documcnts promptly :1nd shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs I~A and [4.13. I I 8.~. OWNER's duties in respect of providing lands ilnd e:lSements and providing engineering surveys to. establish reference points are set iorth in parugMlphs 4.1 and 4.4. P-J.Ml- gr:1ph ~.1 refers to OWNER's identifying and m:1king avail- able to CONTRACTOR copies of repurts of explorations and tests of sub~un'ace con\!itions at the site :lI1d in existing Struc- I I lures which have been utilized by ENOlNEER in Preparinl the Orawings and Specific:aUons. 8.S. OWNER's responsibilities in respect of purehasins and maintaining liability and property insurance are set forth in panlgruphs S.S through 5.8. 8.6. OWNER is obligatect to execute Change Orders as indicated in P:ll'llgnlph lOA. 8.7. OWN ER's responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 13.~. 8.8. [n connection with OWNER's right to StOp Work or suspend Work. see paragraphs IJ.IOand Ij.1. Paragraph IS.! deaJs with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9-ENGIN EER 'S STATUS DURING CONSTRUCTION Own.rs R'pns.nllllill': 9.1. E~GINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities :1nd the limitations of authority of ENGlNEER;1s OWNER's representative during construction are set fonh in .he Ciin- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Vi.riu tD Sil,: 9.2. ENGINEER will make visits to the site :1t intervals appropri:ue to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine. in gcnerilJ. if the Work is proceeding in accord:1llce with the Contract Documents. E:-.rGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of t.he Work. ENGINEER's cffortS will be directed toward providing for OWN ER a gre:lter desree of conridence 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 profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER :lgainst defects and deficiencies in the Work. P,."j'CI R.pn,.ntcuiDn: 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties. responsibilities and limitations of authorit~. of :lI1Y $uch Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates :inother agent to represent OWN ER at the site who is not ENGINEER's asent or employee. the duties. responsibilities and limitations of :authority of such other person will be as provide\! in the SupplementlU'y Conditions. 19 I I C~IU_/~IU: 9.4. ENGINEER will issue with reasonable prompmess such wrinen clarific:uions or inter,rewions of the require. ments of the Contract Documents (in the fonn of Drawings or otherwise; as ENOlNEER may determine necessary. wtlicb shail be consistent with or reasonably inferable from the OVenUl intent of the Contract Documents. ItCONTRACTOR believes that a wrinen clarific:uion or inter,retation jusUfies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to qree to the amount or extent thereof. CONTRACTOR may make: a cJaim therefor as provided in Article 11 or Article 12. I I I I I AlllhDriud Vr.ciD1U ill Work: 9.S. ENGINEER may authorize minor variations in the Wone from the requirements of the Contnel: Documents whidl 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 accomplisbed by a Field Order and will be binding on OWNER. and also on CONTRACTOR who shaJJ perfonn the Work involved prom~uy. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 11 or 12. I I I Rejecrinf De!ectiv~ Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGlNEER believes to be dej'eclive. and will also have :luthonty to require speCIal inspection or testing of the Work as provided in paragraph 13,9, whether or not the Work is fabric.:lled. installed or completed. I I Shop Drawings. Ciuurg~ Of'fU1'f and Ptqmenu: 9.i. [n connection with ENGINEE..lt.s responsibility for Shop Orawings and sampies. see paragraphs 6.:3 through 6.29 inclUSive. I I 9.8. [n connection with ENGINEER's responsibilities as to Chanle Orders. see Anicles 10. II and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applic.:ltions for Payment. etc.. see Article 14. I DcunniNllillIU!or Unil Prit:es: 9.10. ENGINEER wiD determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary detenninations on such maacn before rendering a written decision thereon (by recommen. dation of an ApplicaUon for Payment or otherwisel. ENOl. N EER' s written decisions thereon will be final and bindina upon OWNER and CONTRACTOR. unless. within ten days after the dale of any such decision. either OWNER or CON- TRACTOR delive~ to the other party to the Agreement and I I - to ENOlNEER wrinen notice of intention to appeal from such a decision. D.t:isiD1U Oil DisplllU: 9.11. ENGINEER will be the initia! intCll'reter of the requirements of the Contract Doc:umc:nts and judp 0( the acc:cptability of the Wone thereunder. Claims. disputes and other matters relating to the accc:ptability 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 I ~ in respect of changes ill the Contract Price or Contract Time will be referred initially to ENOINEER in writing with a request for a formal decisioa in accordance with this PlU'aIr.1ph. which E..~GINEER will render in writing witltin a reasonable time. Written notice of each such claim. dispute and other maner will be delivered by the claimant to ENGINEER and the other party to the Agreement i'rompuy (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 ENGINEER and the other party within sixty days alter such occurrence unless ENGINEER allows an additional period or time to ascertain more accurate data in support of the claim. 9.11. When functioning as interpreter and judge under paragr.1phs 9. iO and 9.11. ENGINEER will not show par- tiality to OWNER or CONTR.~CTOR and will not be liable in connection with any inter,retation or decision rendered ia good iaith in such Clpacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 .~th respect to any such claim. dispute or other matter (except any which have been waived by the making or acceptance or final pay- ment as provided in paragr.1ph 14.16) will be a condition precedent to any e:cerc:se by OWNER or CONTR.o\CTOR 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. LinriulliDru on ENGINEER's RilspDruibilili~s: 9.13. Neither ENGINEER's authority to aCI under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENG IN EER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor, any Supplier, or any other person or organizaIion perfonning any of the Work. or to any surety for any of them. 9.14. Whenever in the Contract Documents the tenns"as ordered". "as directed". "3$ required". "as allowed". "as approved" or tenns of like etTect or import are used. or the adjectives "reasonable". "suitable", "acc:cptable". "proper" or "satisfactory" or adjectives of like etTect or import are used to describe a requirement. direction. review or judgment of ENGINEER as to the Work. it is intended that such requirement. direction. review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (uniess there is a specific statement indicating other- wisel. The use of any such lenn or adjective shall not be 20 I I effectivc to assign to ENGlN EER any duty or authority to supervise or dircct thc furnishing or pcrfonnance of thc Work or any duty or authority to undcrtake responsibility contrary to the provisions of Paragruph 9.15 or 9.16. I 9.15. ENGINEER will not be rcsponsible for CON- TRACTOR's means. mcthods. techniques. sequences or pro- cedures of construction. or the safety precautions and pro- grams incident thereto. and ENGINEER will not be respon- siblc for CONTRACTOR's failure to peri'onn or furnish the Work in accordance with the Contr:lct Documents. I I 9.16. ENGI~EER will not be responsiblc for the acts or omissions of CONTRACTOR or or" any Subcontractor. any Supplier. or of any other person or organization pcrt'orming or furnishing any of thc Wori:. I I ARTICLE IO-CHANGES IN THE WORK I 10.1. Without invalidating the Agreemcnt and withcut notice to anv suretv. OWNER mav. at anv time or irom time to time. . order ~dditions. deleti'ons or ~evisions in thc Work: these will be authorized by a Written Amendment. a Change Ordcr. ora Work Directive C~ange. Upon receipt of any such document. CONTR.A.CTOR shall promptly proceed with thc Work involved which will be performed under the applicablc conditions or the Contract Documents lexcept as otherwise specifically provided), I I I 10.1. IfOW~ER and CONTRACTOR are unable to agree as to the extent. if any. or an increase or decre:lse in the Contract Price or an cxtension or shortening or' the Contract Time that should be allowed :lS a result of a Work Directive Change. a claim may be madc therefor as provided in Article II or Article I:. I I 10.3. CONTRACTOR shall not be entittt:d to an increasc in the Cuntract Price or an cxtension of the Contr:lct Time with respect to any Work performed that is not rcquired b~' [he Contract Documents as amended. modified and supple- mented as provided in paragraphs 3A and 3.5. except in the case or" an emergency as provided in paragr:lph 6.~ an\! except in the case of uncovering Work as providc\! in para- graph U.9. I I 10.-1., OWN ER and CONTRACTOR shiUl e.'tccute appro- priate Change Orders lor Written AmendmentsJ cuvering: I 10.-1..1. changcs in the Work which are ordered b~' OWN ER pursuant to paragraph 10.1. arc require\! because of acceptanl:c of drJitc.ti\'~ Work under paragr:lph 13,1~ ur com:cting d('fect;,'e Work un\!er paragr:lph 13.1-1.. or arc agreed to br the Pattics: I ~ 10A.Z. changes in the Contract Price or Cuntract Timc which are ay.reeu to b~' the parties: and - - 10.4.3. changes in the Contr:lCt Price or Contract Time which embOdy the substancc of any written decision ren- dered by ENGINEER pursuant to parqraph 9.11: provided that. in Iicu of cxccuting ilny such ChanlC Order. an appe:al may bc taJccn from any such decision in accordancc with thc provisions of the Contract Documents and applicable laws and Regulations. but during any such appeal. CON- TRACTOR shall carry on the Work an\! adhere to the prog- ress schedule as provided in paragruph 6.29. 10.5. rf notice of any Change :ltTecting the general scope of the Work or the provisions or' the Contract Documents (inClUding, but not limited to. Contract Price or Cuntract Time) is requircd by the provisions of any Bond to bc given to a surety. the giving of any such notice will be CONTRAC- TOR's responsibility. and the amount of each applicilble Bond will bc adjusted acconiing.ly. ARTICLE II-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compen- sation (subject to authorized adjustmentsJ paYilble (0 CON- TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR ~hall be at his expense without change in the Contr:1ct Price. (I.Z. The Contract Price may only be changed by a Change Order or by a Written .-\mendment. .-\ny claim for an increase or decrease in the Contr:lct Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER 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 or the claim. Notice of the :lmount of the claim with supporting data. shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of lime to ascertain more accuratc data in suPPOrt of the claimJ and shall be accompanied by claimant's written statement that the a.mount claimed covers iUI known amounts (direct. indirect and con- sequential) to which the claimant is entitled i1S a result of the occurrence of said eVent. All claims for adjustment in thc Contract Price shall be detennined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACT~R cannot otherwise a2ree on thc amount involved. No chum for an adjustment i~ the Contract Pric:: will be valid if not submitted in accordance with this paragr:lph II.Z. 11.3. The value of any Work covered by a Change Order or of any claim for an incre:1se or decrease in the Cuntract Price shall be determined in one of the following ways: . 11,3.1. Where the Work involved is covered by unit prices contained in the Contruct Documents. by: applica- tion of unit prices to the quantities of the items Involved (subject to the provisions uf paragraphs 11.9. I. through 11.9.3. inclusive). 21 I I 11..3.2. By mutUal acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.:!.1). I 11..3..3. On the basis of the Cost of the Worle (dcter- mined as providec in paragraphs 11.4 and II..S) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragr:lphs 11.6 and 11.7). I I CQ61 01 th. Wort: 11.4. The tenn Cost of the Worle means [he sum of aJI costs necessarily incurred and paid by CONTRACTOR in the proper "erfonnance of the Worle. Except as .Jtherwise may be a@t'eed to in writin~ by OWNER. such COSts shaJl be in amounts no higher than those prevailing in the 10c1iity of the Project. sha1l include only the following items and shall not include any of the costs itemiZed in paragraph 11.5: I I 11.4.1. P:lyroU COSts for employees in the direct employ of CONTRACTOR in the perfonnance or" the Worle under schedules of job classific:ltions a!Jt'eeci upon by OWNER and CONTRACTOR. ?3yroll COSts for empioyees not employed full time on the Work sha1l be apportioned on the basis of their time spent on the Work. Payroll Costs shall include. out not :,e limited to. salaries and wages plus the COSt of fringe :,enents which shaIJ include socia! security contributions. unemployment. excise and payroll taXes. workers' or woricmen"s compensation. ne:Uth and retirement benefits. bonuses. sick leave. vacation and hol- iday pay appiic::1bie ther:to. Such employees shall inc!ude supenntencients and iore:nen at the site. The expenses of pen'orming Work aiter ~:guiar working hours. on Satur- day. Sunday or legal hOiidays. shaU be included in the above to the extent authonzed by OWNER. I I I I I IIA.Z. COSt of all materials and equipment furnished and incorporated in the Work. including COSts of trans- ponation and storage ther:of. and Suppiiers' field services required in connection therewith. AU cash discounts shall accrue to CONTRACTOR unless OWNER deposilS funds with CONTRACTOR with which to make payments. in which case the cash discounts shall accrue to OWNER. AU trade discounts. rebates and refunds and all returns from sale of surplus malenals and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. I I I I 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work perfonned by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of ENGINEER. which bids will be accepted. If a subcontract provides that the SubcontractOr is to bc 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 CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject I I . - . n to the other provisions of the Contract Documcnts insofar as applicable. 11.4.4. COSts of special consultants (including but not limited to engineers. architects. testing laboratories. sur- veyors. auorneys and accountants) employed for services specifically related to the Work. 11.4..$. Supplemental COSts inClUding the fOllOwing: 11.4.5.1. The proportion of necessary transporta- tion. travel and subsistence expcnses of CONTRAC- TOR's cmployees incurTCd in discharge of duties con- nected with the Work. 11.4.5.:. Cost. inClUding transportation and main- tenancc. of all materials. supplies. equipment. machin- ery. appliances. office and temporary facilities at the site and hand tools not owned by the workers. which arc: consumed in the performance of the Work. and COst less market value of such items used but not consumcci which remain [he property of CONTRACTOR. 11.4.5..3. Rcntals 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 E.'lGINEER. and the COStS of transportation. lOading. unloading. instaUation. dismantling and removal thereof-ail in accordance with [enns of said rental agreements. The rental of any such equipment. machin- ery orpans shall cease when the use thereor"is no longer necessary ior the Work. 11.4.5..;. Sales. consumer. use or similar taxes related [0 [he Work. and for which CONTRACTOR is liable. imposed by Laws and Regulations. .. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTR.'\CTOR. any Subcontractor or any- one directly or indirectly cmployed by any of them or for whose acts any of them may be liable. and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenseSI. not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furniShing of the Worle (except losses and damages within the deductible amounts of property insurance cstablishcci by OWNER in accordance with paragraph 5.9). pro- vided they have resulted from causes other than the negligence of CONTRACTOR. any Subcontractor. or anyone directly or indin:cdy cmployed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the ':l'riaen conscnt and approval of OWNER. No such losses. damages and expenses shall be included in the Cost of the Work for the purpose of determining CONT'RAC- TOR's Fee. If. howcver. any such loss or damap I I requircs r~unstructiun and CONTRACTOR is placed in charge thereoi. CONTR.-\CTOR ~hall be paid for services a fe:e: propurtionate to that stateu in paragraph 11.6.1. I 11.~.5. 7. The cost uf utilities. fuel and sanitary facilitics at (he site. I 11.~.5.8. ~linor expenses such as te:legrams. lonl distance telephone calls. [elephune )Ci\'lce at the site. e.'tpressage an\! similar petty cash items in connection with the Wurk. I IIA.5.9. Cust of premiums for a\!uitional Bonds anu insurance required because: ufchan!;es in the Wurk anu premiums for property insurance CUVeral!:e within [he limits uf the de\!uctible amounts .:stablished b\' OWNER in accordance with paragraph 5.9. . 11.5. The term Cost of the Work shall not incluue any of the following: I I I 11.5.1. Payroll costs and othercumpensation of CON. TRACTOR' 5 Ilrficers. executi"'es. principals luf partner- ship and sole propnetorshipsI. general managers. engi- neers, architects. estim:uors. actorneys. auditors. accoun- tants. purchasing and contracting agents, expeditors. timekeepers. clerks and other personnel employed by CONTR.-\CTOR whether :It the site or in CONTRAC- TOR's principal or a branch office for general administra- tion oithe Work and not speclficallv incluued in the alU'eed upon schedule of job classificatio~s referred to in para- graph II.~.I or speCIfically covered by paragraph II.~.~ ail of whIch are :0 ;'e conSIdered administrative COStS covered by the CONTRACTOR's Fee. I I I II.5.Z. E.'tpenses I~f CONTRACTOR's prinCipal and branch offices uther than CONTRACTOR's ut'lice at the site. I 11.5.3. .\ny part ur'CONTRACTOR's capital e.'tpenses. inClUding int.:rest on CONTRACTOR'S capital cmployed for the Work ilnd charges against CONTRACTOR fur delinquent payments. I I II.5A. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required ~y the Contract Documcnts to purchase and mnintain the same lexcept for the cost uf premiums covered by sub. paragraph IIA.5.9 a!:tove,. I 11.5.5. Custs \!uc to thc negligence of CONTRAC. TOR. any Subcontrn~tor. or anyone directlY or indirec:tl\' empluyed tJy any of !::.:m ur for \Vho~e act~ "m.. of the~ may b.: li:LtJle: in.:I'.Iuinlt but nut limite:u to. the ~orrection of "e,fi.'( ii,. ',"urk. Jispos.al ,\f rnatc:rials or equipmcnt wrongly ~Ur ~.I i~. ~ "'ak:l'!Y ~uuu any damtlgc to prop- erty. I I I 11.5.6. Other u\'e:rhead or general expense custs of any kind an\! the costs uf any item nut ~pccilically and e.'\pressly in\:lude\! in purayr.lph II A. I CONTRACTOR's F,,: 11.6. The CONTRACTOR's Fee allowed to CONTRAC- TOR 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.Z. a fee based on the tal/owing percentages of the various portIons of the Cost of the Work: 11.6.Z.I. for costs incurTed unuer parngraphs II.~.I and I U.:. thc CONTR.~CTOR's Fee shilJl be fifteen percent: 11.6.~.1. forccsts incurred under paragraph 11.~.3. the CONTRACTOR's Fee shaH be f.ve percent: and if a subcontract is on the basis of Cost of the Worlc Plus a Fee. the maximum allOwable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.Z.j. no fee shall be payable on the basis of costs itemized unuer paragraphs II..H. 11.~.5 and 11.5: 11.6.~A. the amount of credit to be allowed bv CONTR.-\CTOR [0 OWNER tor any such change which results in a net decrease in cost will be [he :lmount of the actuilJ net decre:l.se plus a deduction in CONTRAC- TOR's Fee by al1 amount o:qual to ten percent of the net decrease: and 11.6.Z.!. 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 11.6.1.1 through 11.6.Z.~. inclusive. II. i. Whenever the cost of any Work is to be determined pursuant to paragraph II A or 11.5. CONTRACTOR will submit in tAlrm acceptable [0 ENGINEER an itemized cost breakdown together with supporting data. Cruh Allowances: 11.8. I[ is understood that CONTRACTOR has included in the Contl"l1ct Price all alluwances so named in the Cuntract Documents and shall causc the Work so covered to be done by such Subcontractors or Suppliers and tor such sums within the limit of [he allowances as may be acceptabh: to ENGI- NEER. CONTRACTOR agrees [hat: 11.8. I. The allowances include the cost [0 CON. TRACTOR lless any applicable trade discountsl of mate- rials and equipment required by the allowances to be \!eliv. ered at the sileo and all .applicable taxes: and 11.8.:. CONTRACTOR's costs tor unloading and handlins on the site. 111bur. installation custs. overhc:ld. profit anu other .:xpenscs contemplated tor the alluwances have been include\! in [he Cuntract Price and nut in the 13 I I aUowances. No demand for additional payment on ac:coum of any men:of wiu be valid. I Prior to tinaL payment. aD appropriate Change Order wiD be issued as recommended by ENGINEER to reftect actual amounts due CONTRACTOR on account of Work covered by aUowances. and me CanU'aCt Price shatl be cOrTCSpaad. ing,ty adjusted. I I 0,," Pric. Wort: 11.9.1. Where me Contract Documents provide that all or pan of me Work is to be Unit Price Work. initially the Contract Price will be deemed to include for aU Unit Price Work an amount equat to me sum of the established unit prices for each sqJar.ltely identified item of Unit Price Work times me estimated quantity of each item as indi. cated in me Agreement. The estimatea quantities of items of Unit Price Work are not guaranteed ana are solely for me pUrpose of companson of Bids and determminc aD initial ConU':lct Price. Determinations of the 3Ctuat quan- tities ana classifications of Unit Price Work periormed by CONTRACTOR wiD be made by ENGINEER in accor- dance with P:1ragr.lph 9.10. I I I I 11.9.2. Each unit price will be deemed to incluae an amount considered by CONTRACTOR [0 be :ulequarc to Cover CONTRACTOR' s overhead ana profit for each sep- arately identified item. I 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materiaUy :1I1a signific:uttiy from me estimated quantity of such item inaic:1ted in the Agreement 3nd mere is no corresponding adjustment With respect :0 any omer item of Work and if CONTRACTOR believes that CONTR.-\CTOR has inc:1lTed additional expense 3S a result thereof. CON. TRACTOR may make a cla&m for an increase in the Con. tract Price in accordance '''''ith Article II if the: panies are unable: to agree :IS to the 3mOUnt of any such increase. I I I I I I .A.RTICLE 11-cHANGE OF CONTRACT TIME 12.1. The Contract Tunc may only be changed by a Cbaqe Oraer or a Written Amendment. Any claim for an extension or Shortening of the Contract TIme shaU be based on written notice delivered by the party malUng me claim to the: other pany and to ENGINEER. promptly (but in no event later than mirty daysl after the occurrence: of the eVent givinl rise to me claim and stating me general nature of the claim. Notice of the extent of the: claim with supponing data shall be deliv. ered within sixty days after such occummce (unless ENGI. NEER allows aD additional periOd of time to ascertain more accurate data in suppon of the claim) and shaU be: 3CCOm. paaied by me claimant's written SWement that the adjust. ment claimed is the entire adjustment to which the claimant has reason to beJieve it is entitled as a result of me OCCUrT'CftCC of said event. Al1 claims for adjustment in the Contract rune I I . . "-... sball be detcnuincd by ENOINEER. in accordance with PlU'a- grapb 9.11 if OWNER. and CONTRACI'OR cannot otJJlnlise acree. No claim fQr an adjusunem in tbe CantnICt rUDe will be valid if' not submitted in accordance with the requiremeall of tDis paragraph 12.1. III The Contract Time will be c:xu:ndcd in an amount equat to time lost due to delays beyond the contrOl of CON. TRACTOR if a c:laim is made therefor as provided in pva_ graph 12..1. Such delays 'hat! inclUde. but not be limited to. acts or negiect by OWNER or others perf'onning additional work as contemplated by Article 7. or to tires. ftoods. labor disputes. epidemics. abnOrmal weather conditions or acts of Gad. 12.3. AU time limits stated in the ConQ"lCt Documents are of tbe essence of the Agreement. The provisions 0( tDis Article 12 shat! not exclude recovery for damages (including but not limited to fees ana charges of cngiaeers. ardUtc:cts. attomeys and other professionals and cOurt and arbiU'Uion costs) for delay by either party, ARTICLE 13-W ARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION . REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WlImIIIq and GUIIITIIIU.: 13.1. CONTRACTOR warrants and guarantees to OWNER. and ENGINEER that all Work will be in accor- dance with the Contract Documents and will not be d~f~t:tiv~. Prompt notice of ilJl defects shall be given to CONTRAC- TOR. All d~frt:tivr Work. whether or not in place. may be rejected. corrected or acceptea as provided in this Article 13. ... A~ UJ Wort: IJ.~ ENGINEER. and ENGINEER's representatives. other rCl'resentatives of OWNER. testing agencies and gov. ernmental a,enc:ies withjurisdictionai interests will have access [0 the Worku reasonable times for their obseMfation. inspecting and testing. CONTRACTOR shaJJ proviae proper and safe conditions for such access. Tau lIIfIll1upcctiDlU: 13.3. CONTRACTOR shaJJ give ENGINEER timeiy notice of reacliness of the Work for all requirea inspections. tests or approvals. 13.4. It Laws or Regulations of any public body having juriSdiction require any Work lor part thereoO to specificaUy be inspected_ testea or approved. CONTRACTOR shall assume fWJ responsibility therefor. pay all costs in connection merewidl and fumish ENGINEER. the required certificates of inspection. testing or approval. CONTRACTOR shall also 24 I I be responsible ror and shall pay iUl costs in connection with any inspection or testing required in connection with OWN- ER's or ENGINEER's acceptance ofa Supplier of matcrials or equipment proposed to be inco."oratcd in the Work. or of matcnals or equipment submiuet.l for approval prior to CON- TRACTOR's purchase thereofforinco",oMltion in thc Work. The cost or" iUl inspections. tests and approvals in addition to thc above which are required by the Contract Documents shall be paid by OWNER (unlcss otherwise specified). I I I 13.05. All inspections. tests or Jpprovals othcr than those ~~ui~ed. by Laws or Regulations of any public body havin!J Junsdlctton shall be pcrformed by organizations acceptable to OWNER and CONTRACTOR lor by ENGI='EER if so specified). I 13.6. If any Work (includin!J the work of others I that is to be inspected. tCSted or approved is covered without wriuen concurrence t)f ENGIN EER. it must. if requested by ENGI- N EER. be uncovered for observation. Such unco\'erinl shall be at CONTRACTOR's e:<pense unless CONTRACTOR has given E~G[NEER timely notice ofCONTRACTOR's inten- tion to cover the same and E:-SGI='IEER has not acted with reasonable promptness in response to such notice. I I I 13.i. :-Ieither observations by E~GINEER nor inspec- tions. tests or approvals by Others shall relieve CONTRAC- TOR from CO~TRACTOR's obligations to perform [he Work in accordance with the Contract Documents. I I Unco"f!rinf Work: U .8. If any Work is .::overc:d COntl"l1ry to the written request of E~GINEER. it must. if requested by E~GI~EER. be uncOvered :or E~G I~ EER' s observation and ieciaced at CONTRACTOR's c:<pense. . I I 13.9. If E:-SGINEER considers it necessarY ur advisablc thl1l covered Work be observed by ENGINEER ur inspected or tested by uthers. CO~TRACTOR. at ENGINEER's reqUest. shall uncover. e:<pu,e ur utherwise make available. . for observation. inspection ~r testing as ENGI:-';EER ml1~' requirc. [hat portion uf [he Work in question. furnishing all neccssary labor. matcrial and equipment. If it i:i iound that such Work is "~ff!('ril't'. CONTRACTOR shl1l1 bear all direct. indirect and ~unsequential costs ui ~uch uncO\r'cnng. expo- sure. observation. inspcction :lnd testing and uf ~.uistactory reconstruction. linclu\!ing but not limited to fees and Charges of engineen. architects, attorneys and other profcssional:u. an\! OWNER shall be cntitled to an appropriate \!ccreasc in the Cuntract Price. anu. if the parties arc unublc to agree as to the amuunt thereuf. m.l~ make a claim thcrefor a:; providcd in Article II. If, hu\\ c\ cr. such WI)I"I.: is nut f\lund to l-e c/e,ti!l"ril'('. CO~TRA(,'TOR ~hull be "lIuweu an increase in thc C untr'J.\:t Pri..1. .: i" ..1\ 1.:\:l:nsiun uf the Cuntr:.l~t Time. \lr both. \!irectlr .mril.'lut.lbl!: Iv such uncovering. e:<p05urc. obser\':uiun. inlipc:ctiun. testing and recunstruCti\ln: an\!. if the p.lrties arc unablc 10 i!!;ree as tu Ihe amuunt ur cxtent I I I I I I thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. 0",,,.,. May Stop lh. Work: 13.10. If the Work is d~/~cril", or CONTRACTOR fails to supply sufficicnt skilled workers or suitable materials or equipment. or fails to rumish or perfonn the Work in such a way that the completed Work will confonn to the Contract Documents, OWNER may order CONTRACTOR to s~op the Work. or any portion thereof. until the cause for such order has bcen eliminated: however.. this right of OWNER to stop the Work shaJl not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. COn'f!cmm 0,. R,mo"a/. 0/ D./,cci". Wort: 13.11. If required by E:-lGINEER. CONTRACTORshaJI promptly. as directed. either correct all d'/'Clil" Work. whether or not fabricated. installed or completed. or. if the Work has been rejected by ENGINEER. remove it from the site and replace it with nond,j,clil'e Work. CONTRACTOR shal! bear all direct. indirec: and .:onsequential costs of such correction or removallincludinl but not limited to fees and charges of cngineers. architects. attorneys and other proies- sionals) made necessary thereby. On. Yf!ar CUn'f!crion P,riod: 13.IZ. If within one year after the date of Substantial Completion or such longer periOd of lime as may be pre- scnbed by L:lwS or Regulations or by the terms of any appli- cable special guarantee required by the Contrnct Documents or by any specific provision of the Contract Documents. any Work is found to be c/eleC'ril'e. CONTR.-\CTOR shall promptly. without COSt to OWNER and in accordan.::e with OWNER's written instructions. cither correct such c/f!/"tc'ril'e Work. or. if it has been rejected by OWNER. remove it from the site and replace it with "ondf!t~c:ri"e Worle. If CONTRACTOR does not promptly comply ~ith the terms of such instructions. or in an emergency where delay would cause serious risk of loss or damage. OWN ER may have the de/"tC'ri,'e Work cor- rected or the rejected Wurk removed and replaced. and all direct. indirect and consequential COSts of such removal and replacement (including but not limited to fees and charges of engineers. architects. auornc:ys and other professionals) will be pai\! by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous scrvice betore Substantial Completion of iUl the Work. the correction pcriod for that item may start to run from an c:arlier date if so provided in the Specifications or by Written Amen\!ment. Acc,ptllnc. o/Of!/,en". Work: 13.13. Ir, instead of' requiring correction or removnl and replacement of defet'ril'e Work. OWNER land.' prior to ENGIN EER's recommenuation uf final payment. iUso ENGIN EER) preti:rs tu accept it. OWN ER may do so. CON- TRACTO R ..hall bear all \!irect. inuirect anu I:onsequential !5 I I I I I I I I I I I I .. I I I I I . - - - Costs actributable to OWNER's evaluation of and determi- nacion to accept such d~;~t:tiv~ W orlc I such costs to be approved by ENCiINEER as to reasonableness and to include bUl not be limited to fees and charges. of enginc:crs. architects. ma.... neys and other professiOnals I. If any such accCptance occurs pnor to ENGINEER's recommendation of final payment. a Chan,e Order wiU be issued incorporatin, the necessary revi- sions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contr.lct Pricc. and. if the parties are unable to agree as to the amount thereof. OWNER may maJcc a claim therefor as provided in Article II. II the acce~tance Occ:un after such recommendation. an appropriate amount will be paid by CONTRACTOR to OWNE.~. OWNER .'dtq COl"IYct Dflf~t:liw Wort: 13.14, II CONTRACTOR fails within a re:uonable time aftcr written notice of ENGINEE.~ to proceed to correct and to COlTCCt d~J~t:tiv~ Work or to remOve and replace rejected Worle as required by ENGINEER in accordance with para- graph 13.11. or if CONTRACTOR fails to pcrform [he Worle in accordance with the Contract Documents. or if CON- 'LaACTOR fails [0 comply with any other provision of the Contract Documents. OWNER may. after seven days' writ- ten notice to CONTRAC"iOR. correct and rcmedy any such deficiency. In exel"Clsing the rights and remedies under this Paragraph OWNER shall proceed expeditiously. To the extent neccssary 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- TIt"CTOR's se:vices .-elated thereto. take possession of CONTRACTOR's tools. appliances, constrUction equipment and machinery at the site and incorporate in the Worle all matenais and equipment stored at the sitc or ior which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall a.Jlow OWNER. OWNER's represcn- cauves. agents and employees such access to the site as may be ncccssary to enable OWNER to exercise the rights and rcmedies under this paragraph. All direct. indirect and con- scquential COSts of OWNER in cxercising such rights and remedies will be charged ap,inst CONTRACTOR in an amount approved as to re:uonableness by ENGINEER. and a Changc Order will be issued incorporating the necessary revisions in the Contract Documcnts with respect to the Worle: and OWNER shall bc entitJed to an appropriatc decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. OWNER may malee a claim therefor as provided in .o\nicle 11. Such direct. indircc:t and consequen- tial costs will include but not be limited to fees and charges of engineen. architects. attomeys and other professionals. all court and arbitration costs and aU costs of repair and replaccment of worle of others destroyed or damaged by correction. removal or rc:placement of CONTRACTOR's d~f~t:tiv~ Worle. CONTRACTOR shall not be allowed an extension of the Contr.lct Time because of any delay in per- formance of the Work attributable to the exercise by OWNER of OWN ER . s rilbts and remedies hereunder. AR11CL.E I4-PA YMENTS TO CONTRACTOR AND COMPL.mON S~ oIVabu$: 14.1. The schedule of values established as provided in Panl8r:lph Z.9 will serve as the basis for prosn=ss payments and will be incorporated into a form of Applic::uion for Pay- ment acceptable to ENGINEER. ProgreSS payments on account of Unit Price Worle will be based on the number of units completed. App/iazziQ" lor Prtlfre:rs PfZ1m~1Il: 14.2. At least twenty days before cach progress paymenl is scheduled (but not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACI'OR. covering the Worle completed as of the dale oithe Applic:atioa and accompanied by such supportinl documentation as is required by the ConU':lct Documents. If payment is requested on the basis of materials and equipment not incorporared in the Work but dclivered and suitably stored at the site or al another location agreed to in writing, the Application for P:J.yment shall :Usa be accompanied by a bill of sa.Je. invoice or other documentation warranting that O~ER has rcc:cived . the materials and equipment free and clear of aJIlie:'ls. chlqeS. security interests and encumbrances (which are hereinafter in these Geaeral Conditions reielTCd to as "Liens") and evidence that the materials and equipment arc covered by appropriate property insurance and other a.rnngements to protect OWNER's interest therein. i1JI of which will be sat- isfactory to OWNER. The amount of rewnage with reSJ'Cct to progress payments will be as stipulated in the Agreement. CONTRAcrOR'r Wamur" ofTiJUr: 14.3. CONTRACTOR Warrants and guarantees that titJe to a.J1 Work. materials and equipment covered by any Appli- canon for Payment. whether incorporated in the Project or not. will pass to OWNER no later than the time of payment free and clc:ll' of aJIliens. R."y,., o{ Applil:Jz:iDru {or P1'Ofrft$ PrzymfltU: 14.4. ENCiINEER will. within ten days after rcceipt 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 indi- cating in writing ENCiINEER's reasons for refUSing to rec- ommend payment. In the latter case. CONTRACTOR may maJce the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENCiINEER's recommendation. the amount rec- ommended will I subject to the provisions of me last sentence of paragraph 14,7) become due and when due will be ~d by OWNER to CONTRACTOR. 14,05. ENCiINEER's recommendation of any paymcm requested in an Application for hymenl will constilUte a 26 .1 I reprellent:uion by ENGIN EER to OWNER. ba.~ct.l on ENGI- NEER's on-~ile observaliuns oflhe Work in progress as an experienced and qualified uellign protessional and on ENGI- NEER'li review of the Application for Payment ilnd the accumpanying data and schedules that lhe Work has pro- gressed to the point indicatcd: th:u. to the best at' ENGI- NEER'>; knowledge. inform:uion and belief. the quality of the Work is in accordance with the Contract Documents I liubject to iln evaluation of [he Work as a functioning whole prior to or upon Substantial Completion. to the results of any subsequent tests called for in the Contract Documents. to a final determination of quantities and classiftc:uions for Unit Price Work under pamgraph 9.10. and to any other qualifi- c:llions ~t:lled in the recommendation I: and that CONTRAC. TOR is entitled 10 payment of the :lmount recommended. However. by recommending any ~uch payment ENGINEER will not thereby be ueemed to have represented that exhaus- tive or continuous on-site inspections have been made to check [he quilJity or the quantity of the Work beyond the responsibilities speciriCilJly assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that mi~ht entitlc CONTR.-\C. TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 1 1 1 I 1 1 I 14.6. ENGINE~R's recommendation of linal payment will constitute an additional repreS~ntation by E~GINEER to OWNER that the conditions precedent to CONTRAC. TOR's being entitled to final payment as set forth in paragraph 14.13 have been iulfilled. I 14. i. ENGINEER may refuse to recommend the whole or any part uf any payment if. in ENGINEER's opinion. it would be incorrect to make such representations to OWN ER. ENGINEER may also refuse to recommend any such pay- ment. or. because of subsequently discovered cvidence or the results ot' subsequent inspections or tests. nullify any such payment preViously recommended. to such extent as may be necessary in ENGINEER's opanion 10 protect OWNER from loss because: I I I .. 1~.7.1. the Work is defeC'ri\'e. or completed Work has been damage~ reqUiring correction or replacement. I I~. 7.Z. the Contl"l1ct Price has been reuuceu by Writ- ten .o\mendmcnt or Change Order. I (..l.7.3. OWNER has been required to correct defee'. rin' Work or complete Work in accordance with parograph 13.14. or I 14.i.4. uf ENGINEER's actual knowlcuge of the uccurrence of any of lhe eVents enumerate\! in paragmphs 15.Z.1 through 15.1.9 inclusive. I OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made: against OWNER on accuunt ofCONTRACTOR's per- formance or furnishing of the Work or Liens have been ftle\! in connection wilh the Wurk ur there an: uther itcmll entitling I . . OWN ER to a set.off against the amount n:c:ommended. but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEERI stating the reasons for such action. S"b,UlntiDi Completion: 14.8. When CONTRACTOR considers the entire Work re::ldy for its intende\! usc CONTRACTOR shall nOtify OWN ER and ENGIN EER in writing Ihatthe entire Work is substantially complete lexcept for items specificilJly listed by CONTRACTOR as incomplete) and request that ENGI- ~ EER issue a certificate of Substantial Completion. Within a reasonable time there::lfter. OWNER. CONTRACTOR and ENGIN EER shall make an inspection or' lhe Work to deter- mine the status of completion. If ENGIN EER does not Con- sider the Work substantially complete. ENGINEER will notify CONTR.'\CTOR in writing giving the reasons Iherefor. [f ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date or Substantial Completion. There shall be attached to the certific::lte a lentative list of items to be completed or cor- rected before rinal payment. OWNER shall have seven days 'liter receipt of the tentative certificate during which to make writlen objection to ENGI:--SEER as to any provisions of the certificate or attached list. If. after considering such objec- tions. ENGINEER concludes that the Work is not substan- tially complete. E:-SGINEER will within fourteen days after submission of the tentative certiiic:lte to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If. aiter consideration of OWNER's Objections. ENGINEER considers the Work substantially complete. ENGINEER will within said fourteen days e.'tecute and deliver to OWNER and CONTRACTOR a derinitive certificate of Substantial Cumpletion I with a revised tentative list of items to be com- plcted orcorrectedl rerlecting such changes from the tentative cel"tiftcate as ENGIN EER believes justified after consider- ation of any objections from OWN ER. At the time or'delivery of the tentative cel"tliic:lle uf SubstantiilJ Complction ENGI- NEER will deliver to OWNER and CONTRACTOR a wnlten recommendation as to division of responsibilities pendins final payment between OWNER and CONTRACTOR with respect tu security. operation. safety. maintenance. heat. utilities. insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior tu ENGINEER's issuing Ihe deiinitive certificate of Substantial Completion. ENGINEER's afore- said recommendatiun will be binding on OWNER a~d CON- TRACTOR until final payment. 1~.9. OWNER shall have the right to exclude CON- TRACTOR from the Work after the uate of Subs(antial Cum- pletion. but OWN ER shall allow CONTRACTOR re::lsuna~le access to complete or correct items on the tentative list. Paniai UtiJi:Jllion: 14.10. Use by OWNER ot'any finished pllrt of the Work. which has specificall~' bl:~n identilied in the Contr:1ct DO\:u- 27 I I ments. or which OWNER. ENGINEER and CONTRAC. TOR agrc:c: constitutes a separately functioning and usable pan of tbe Work that c:u'I be used by OWNER witbout sig. nmcant interference with CONTRACTOR's perronnaace of the r=nainder of the Worle. may be accomplished prior to SubswuiaJ Completion of all the Worle subject to tbe follow. ing: I I 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such pan of the Work which OWNER believes to be ready for its intended use and sUbstantiaJly complete. If CON. TRACTOR~. CONTRACTOR wUlcertify to OWNER and ENGINEER that said part of the Worle is substantially complete and request ENGINEER to issue a certific:ue of Substantial Completion for that part of the Work. CON. TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR conside~ any such part of the Work ready for its intended use and substan- tially complete and request ENGINEE.'lt to issue a cenif- icate of SubstantiaJ Completion for that pan of the Work.. Within a reasonable time after eithersuc:" requcst. OWNER. CONTRACTOR and ENGINEER shaJl make an inspec- tion of that pan ot the Work to determine Its s,atus of completion. If ENGINEER does not consider that part of the Work to be substantially complete. :::-IGINEER w;U notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that pan of the Work to be substantially complete. the prOvisions of para. gr:l!,hs 14.8 and 14.9 will apply with respect to ccrtiiic:uion of SubstantiaJ Completion or that pan of the Work and the division of responsibility in iespeCt thereof and access thereto. I I I I I I I 14.10.Z. OWNER may at any time request CON- TRACTOR in writing to pennit OWNER [0 take over operation of any such pan or the Worle althou~h it is not substantially complet:. .0\ ::opy of suc:, request will be sent to ENGINEER and within a reasonable time there- after OWNER. CONTRACTOR and ENGINEER shaJl make an ins!,ectlon or that pan of [he Work to detennine its status of compietion and wilt prepare a list of the items remaining to be compieted or cOlTeCted thereon before finaJ payment. {fCONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER. ENGINEER 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 finaJ payment between OWNER and CONTRACTOR with respect to security. operation. safety. maintenance. utilities. insur. ance. .warranties and guarantees for that part of the Work which will became binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation (unless they shail have otherwise agreed in writ- ing and so infonned ENGINEER). Durin!; such operation and prior to SubstantiaJ Completion of such pan of tbe Work. OWNER shall ilJlow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Worle. I I I I I I I . 14.10.3. No occupancy or SepanIC operation of pan of tbe Work will be accomplished prior to compliance willi tbe requirements of Paragraph S.lS in respect of propc:ny insurance. FbuU Jrup.cdDn: 14.11. Upon written notice from CONTRACTOR thattbe entire Work or an agreed portion tbereofis complete. ENGI- NEER will make a final inspection w;th OWNER and CON- TRACTOR and will notify CONTRACTOR. in writing of aU particulars in wltich this inspection reveais that the Work is incomplete or defecrive. CONTRACTOR shall immedialc1y take such measures as arc necessary to rcmedy sucJl de1i- ciencies. FbuU Applil:iztiDn fof' PrqmetU: 14.12. After CONTRACTOR has complcted all such cor- rections to the satisfaction of E.'IIIGINEER and delivered aU maintenance and oper.lting instrUctions. schedules. guaran_ tees. Bonds. certificates of ins!,ection. marked-up reco~ documents (as provided in paragraph 6.19) and other docu- ments-all as required by the Contract Documents. and after ENGINEER has indicated that the Worle is acc::ptable (sub- ject to the provisions of paragraph 14.16), CONTRACTOR may make application for final payment iOllowing the pro- cedure {or progrcss paymcnts. The finaJ Application for Pay- ment shall be accompanied by all documentation ca.lled for in the Conaact Documents. together w;th compietc and legally effective releases or waive~ (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR. may furnish receipts or relC3ses in full: an affidavit of CON- TRACTOR that the relC3Ses and rec:ipts include all labor. scrvices. material and equipment for which a Licn could be filcd. and that ilJl payrolls. materiaJ and equipment bills. and other indebtedness connected with the Work for which OWNERorOWNER's property might inany way be respon- sible. have been paid or otherwise satisfied: and consent of . the surety. if any. [0 final payment. If any Subcontractor or Supplier fails to furnish a release or' receipt in full. CON. . TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER apinst any Lien. F ilUli P aymtllll aNi A. CCtlpUUlCtl: 14.13. If. on the basis of ENGINEER's observation of the Work during construction and finaJ inspcction. and ENGINEER's review of the final Application for Payment and accompanying documentation-all as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contr.lct Documents have been fulfilled. ENGI- NEER will. within ten days after receipt of the final Appli- cation for Payment. indicate in writing ENGINEER's rec- ommendation of payment and present the Applic:a&ion to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. 28 I I Otherwise. ENGINEER will return the Applic:uion to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment. in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- c:uion. Thirty days after presentation to OWNER of the Applic:ltion and accompanying documentation. in appropri- ate form and substance. and with ENGINEER's recommen- dation and notice of acceptability. the amount recommended by ENGIN EER will become due and will be paid by OWNER to CONTRACTOR. I I I 14.14. If. through no fault of CONTRACTOR. final com- pletion of the Work is ~ignificantly delayed and if ENGI- ~EER so confirms. OWNER shall. upon receipt of CON- TRACTOR's final Application for P:J.yment and recommen- dation of ENGINEER. and without terminating the .-\gree. mente 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 complered orcolTected is less than the rc:tain:J.ge stipulated in the Agree- ment. and if Bonds have been furnished as required in para- gr:1ph 5. I. the written consent of the surety to the payment of the balance due for that portion of the Work fUlly com- pleted and accepted shilJl be submitted by CONTRACTOR to ENG IN EER with the Application ior such payment. Such payment shall be made under the terms and conditions g~v- e:ming final payment. except th:J.t it shall not constitute a w:J.iver of claims. I I I I I ConlractDr'r Continuinf Obli,anon: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Cuntract Documents shall be absolutc. :--Scither recommendation of any progress or final p:J.yment by ENGIN EER. nor the issuance of:J. cere tiikatc of Substantial Completion. nor any payment by OWNER to CONTRACTOR under the Contl"l1ct Documents. nor any USe or occupancy of the Work or any part thereof by OW~ER. nor any act of acceptance by OWNER nor an~' failurc to do so. nor any review and approval of a Shop DraWIng or sample submIssion. nor the issuance ot'''a notice of acceptability by ENGINEER pursuant to paragr:1ph 1~.13. nor :1ny cOlTection of clefer:ril'e Work by OWNER will con- . . sritute an acceptance: u[ Work not in accordance: with the Contr:lct Documents or a rele:1Se of CONTR.~CTOR's obli- ~ation to pe:rt'orm the Work in accordance with the Contract Documcnts lexcept as provided in pumgmph 14.161. I I I I I Wail'"'' of Claims: 1~.16. The making ;tnd acceptance of final payment will constitute: I 1~.16,1. a waivcr of all claim!! b~' OWNER against CO~TRACTOR. cxcept claims "rising from unscttled Liens. from cle/,'c'ri,'" Wurk appearing after tinoli inspc:c. ti~'n pursuant to PlIr:l!.U'aph 14.11 ur from failure: t~l comply with thc ConU-olct Ducuments or the herms of ;uty special !:uarantce:s spccilie:u thcrcin: howcvcr. it will nut consti- tute a w:liver hy OWN ER of an~' rishts in rc:sp~ct uf I I - CONTRACTOR's continuing obliplions under tile Con- tract Documents: and 14,/6'.2. a waiver of all claims by CONTRACTOR against OWN ER other than those previOUSly made in writ- ing and still unsettled. ARTICLE IS-SUSPENSrON OF WORK AND TERMINATION Own.I',way Susp.nd wo,.k: IS.I. OWN ER may, at any time and without cause. sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGIN EER which will fix the date on which Work wiU be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both. directly attributable to any suspension if CONTRACTOR makes an approved claim thereior as provided in Anicles II and I!. Own.,. Jlay TenninaU: 15.2. Upon the OCculTence of anyone or more of the fOllOwing eVents: IS.!.!. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code /Title II. United States Code I. as now or hereaiter in effect. or if CON- TRACTOR takes any cquivalent or similar action by filing a petition or otherwise under :lny other iedel"l11 or state law in etfect at such time relating to the bankruptcy or inSOlvency: 15.1.Z. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereaiter in ctTect 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 dfect at the time relating to bankruptcy or insolvency.: IS.Z.3. if CONTRACTOR makes a general assignment for the benefit of creditors: IS.ZA. if a trustee. receiver. custodian or agent of CONTR.-\CTOR is appointed under applicable law or under contr:1ct. whose appointment or authority to take charge of propeny of CONTR.-\CTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit ofCONTRACTOR's crc\!itors: IS.Z.5. ifCONTRAc'''TOR admits in writing an inabil- ity to pay its uebts gencr.lIly as they become uue: IS.Z.6. if CONTRACTOR persistently tails to pert"orm the Wurk in accurdance: with the Contmct Documents 19 I I Cinc:Judinl. but not limited to. failure to supply suiftcient skilled workers or suitable materials or equipment or failure to adhc:n: to the progras schedwe established under panJlnlpb 2.9 as rcvised from time to time): I 15.2.7. if CONTRACTOR diSregards laws or Rep- lations of any public body having jurisdiction: I 15.2.8. if CONTRACTOR disregards the authority of ENGINEER: or I 15.2.9. if CONTRACTOR otherwisc violates in any subswniaJ way any provisions of the Contract Docu- ments: I OWNER may. after giving CONTRACTOR (and the surety. if thcre be one) seven days' written notice and to the extcnt permitted by laws and Regulations. terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and taXe possession of the Work and orail CONTRACTOR's tools. appliances. constrUction equipment and machincry at the site and use the samc to the fuil extent they could be used by CONTR.-\CTOR (without liability to CONTR.~CTOR for trespass or conversion I. incol1'orate In the Work ail materials and equipmcnt stored at the site or for which OWNER has paid CONTRACTOR but which arc stored elsewhere. and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any furthcr payment until the Work is finished. [f the unpaid balance of the Contract Price exceeds the direct. indirect and consequcntial costs of completing the Work (including but not limitcd to fees and charges of engineers. Jtcititects. attor- neys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs ~xceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approvcd as to reasonableness by ENGINEER and incor. porated in i1 Change Order. but whcn exercising any rights orremedics underthis paragraph OWNER sha.tl not bc required to obtain the low cst price for ,he Work pen.ormed. I I I I I I I I I 15.3. Whcre CONTRACTOR's services havc bcca SO tcrminated by OWNER. thc termination will not affect any rightS or remedies of OWN ER apiasl CONTRACTOR tba existing or which may thcre:aftcr accruc. Any retention or paymcnt of moneys due CONTRACTOR by OWNER will not relc:ue CONTRACTOR from liability. 15.4. Upon scvcn days' written notice to CONTRAC- TOR and ENGINEER. OWNER may. without Quse and without prejudice to any other right or remedy. elect to aban- don thc Work and terminate the Agreement. In such case. CONTRACTOR shall be paid for a.tI Work executed and any expense sustained plus reasonablc termination expenses. which will include. but not be limited to. direct. indirect and con- sequential COSts iincluding. but not limited to. fees and charges of engineers. architects. attomcys and other professionals and court and arbitration costs). COtUl'fll:tD,. .+1111 SlDp Wort 0,. T~nrriIu1I6: IS.S. rf. through no act or fault of CONTRACTOR. the Work is ~uspended for a periOd of more than ninety days by OWNER or under an order of court or other public authority. or ENGINEER fails to act on any Application ior Payment within thirty days alter it is submitted. or OWNER fails fol' thirty days to pay CONTRACTOR any sum finally deter- mined [0 be dUe. then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER. terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement. if ENGINEER has failed to act on an Appli- ca.tion for Pa.yment or OWNER has failed to maXe any pay_ ment as aforesaid. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragr:1ph shall not relieve CONTRACTOR of the obligations under paragraph 6.:9 to carrion the Work in accordance with the progress schedule and without delay dunng disputes and disagreements with OWNER. .. I . [The remaindel' of this page was left blank intentionally.] I I I 30 I I I I I I I I I I I I I I I I I I I r ARTICLE 16-ARBITRATI01.'f { . , 1.6.1 All cla1ms, disputes and other matters in question betveen O'WNER and COl'fTRACTOR arising out of, or relating to, the Cotrtrac:t Docu- ments or the breach thereof shall be decided under Georgia Law 1n the Superior Court ot Richmcnd. Cowrty, Georgia. (The remainder ot this page '49 left blank 1ntentional.l3'.) ~ 31 I I I I I I I I I I I I I I I I ." .. . .. . . c. (Th1s page was left blank 1n1:en't1o~.) .. 32 ._~ " -, .--. ...-.-. I I I I I I I I I I I I I I I I I .. . - - - _0'-'" ; ARnCLE 17_'dISCEIJ..ANEOUS Glrilrw Noda: 17.1. Whenever any provision of the Contract Docu- ments requires the givinl of wrilten notice_ it will be deemed to have been validly given if deliver= in penon to the indi- vidual or to a member of the linn or to an oftlcer of the corporation for whom it is intended_ or if deliver= at or SC1lt by rqisten:d or certified mail. poscap prepaid. to the last business address known to the giver of the notice. COIIIpIlllllio" o/r..: 17.2.1. When any period of time is refem:d to in the Connce Documents by days. it will be computed to exclude the tint and include the last day of sucb period. II the last day of any such period falls on a Sacurday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the compwa- tion. 17.2..2. A c:alendarday oftwenty-fourhours measured from midnight to the next midnigbt shaU constitute a. day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error. omis- r sion or act of the other party or of any of the odler party's employees or agents or others for whose acts the ocher party is lelJlll1Y liable. claim will be IDIde in writial to the other party within a reasonable time of the first observance oC such injury or damage. The provisions of this parqraph 17.3 shall not be CODSaued as a substitute for or a waiver oC the pro- visions of any applicable stalUte of limiwions or repose. 17.4. The duties and obliptions imposed by these Gen- eral Conditions and the rights aad remedies available here- under to the parties hereto. and. in particular but without IimiWion. the warranties. guaranrees and obligacions imposed upon CONTRACTOR by p~bs 6.30. 13.1. 13. l~. 13.14. 14.3 and 1'.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder. are in addition to. and are not to be construed in any way as a limitation of. any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or ReguWions. by special wamncy or suarantee or by other provisions of the Contract Documents. and the provisions of this p&rqraph will be as etl'ec:tive as if repeated Specifically in the Contract Documents in connection with eacb particular duty. obliga- tion. right and remedy to which they apply. Alll'Cl'resenca- cions. warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement. 33 .. . I I I I I I I I I I I I I I I I SUPPLEMENTARY CONDITIONS 1.1 OWNER'S LIABILITY & PROPERTY INSURANCE: Section 5.5,5.6,5,7,5.8,5.9,5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by Augusta- Richmond Country for this project. Current insurance coverages will remain in effect for the life of this Contract. 1.2 CONTRACTOR'S LIABILITY: As indicated under Section 5.3 of the General Conditions, the Contractor's Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone person, and subject to the same limit for each person, in an amount not less than S500,000 on account of one accident, and Contractor's Propeny Damage Insurance in an amount not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit of liability of not less than S200,000 for any such damage sustained by two or more persons in anyone accident. The contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance 0 f the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 1.3 SPECIAL HAZARDS: ... The contractor's and his Subcontractor's Liability and Propeny-Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Augusta-Richmond County Road System. (b) Work within easements granted by property Owners in connection with the construction of the project. . (c ) Work in close proximity to existing water lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site - SC-l -.... - .. . . . " I I I I I I I I I I I I I I I I I I . . . l . . .. 1.8 1.9 ,- t 1.4 TESTING LABORATQRY: - All testing and laboratorY 'worlCin"'conneCtioiftnerewitli will not be the responsibility of the contractor. 1.S INTENTIONALL Y LEFT BL~ 1.6 PROGRESS P A YMEN1:: Section 14.2 of the General Conditions shall be amended as follows: The Contractor may submit monthly estimate for worle Completed and materials properly stored as approved By the Engineer. When an' estimate includes materials stored, a bill of sale, invoice or other documentation warranting that the Owner is receiving the material free and clear of all liens, charges, security interest and of all liens, charges, security interest and other encumbrances shall be attached to the payment request. 1.7 ENGINEER: All references to "Engineer" shall be interpreted to mean the Augusta Richmond County Public Works Director, or his official designee. UNDERGROUND UTILITIES: (References 4.3, 1.4,3.2) .. The Contractor shall coordinate with all utility companies through the "One Call" method or other appropriate steps to locate and avoid damage to all utilities that may affect or be affected by the Contractor's work. SAFETY: (Reference 6.20) The Contractor shall use certified flagmen, barricades and signs as necessary to notify the public, in particular, those persons driving in the vicinity of the projec~ of the construction and its affect on traffic. SC.2 .. .. , ~ .. I . . . d ,. I I I I I I I I I I I I I I I I I I ..~ 00_ ....8. P..'; ~..~ &'l ENGINEERED ~RESTORATIONS INc. Waterproofing &c Restoration - Structural Ie Architectural 2m lJ"f"l'd OriVI: · LOlwfl:na:",,'ilh,. c.:wl'Jlil1 ~l' (71tI) "112-0":;0 F;'lJ& (170) (,82-o.w.1 6) Waterb/ast (3500 psi) all surfaces from the cap dawn inclUding repair areas. Repeat steps 3 thru 6 if any addjtional neavily deteriorated (,.. +) areas are detected. Install form and preplaced aggregate concrete in acccrdance with ACl Standard 304 (1997). After initial cure, remove forms and rub surfaces to ac.::eptable finish. 7} 8) B) OPtion "A" - Surface Repairs (under 1" deep) 1} Saw cut perimeters of repair areas 112" deep. 2) Remove all deteriorated concrete by chipping. 3) Watert)/ast (3500 psi) all areas to be repaired. 4) Place. finish, and cure Master Builders Emaco Sea in accordance with manufacturers written instructions. C) OPticn "8" - Epoxy Injection ot Cracks 1) Crill 5/8" diameter port holes aE a 4511 angle to intercept the crack plane at a depth of at least 12". Overdrill holes a minimum ot 6" atter passing crack. Drill hOles on i 2" canters. 2) Flush holes and crack with water/acid solution to remove debris and ciJntaminates. 3) Install ~ 4 rebar full depth into holes and secure mechanical injectors. 4) Seal crack surfaces with fast set epoxy gel. 5) Inject cracks wirh ?rime Resins Prime Rez 1000 in acc'ordance with manufacturers written instructions. 6) Remove injectors and fill slots with epoxy gel. The (Ol/owing is our price quotations for both options: .-\) Option "A" - sea.gO per S.F. repaired. . We estimate a lolai of 200 SF within the scope area. B) Option "8" - 52.890.00 Lump sum based on 3 cracks at the following locations. · Above A 1 -2 · Above A12-13 · Above S 1 -2 . Engineered Restorations, Inc. will provide all labor, equipment. and materials to complete the work outlined in the Sase Bid and the 2 Options per the prices quoted. We do. however, exclude the following items: 1) Any required engineering or testing. We do however wish to have input into the developmenr of the mix design. I I I I I I I I I I I I I I I I I I I .' .' - -- --- ....... P. Et<4 .. r--. (- ( I\. ENGiNEEREo . .RESTORATIONS INc. W~terproofin8. Restoration. Structural &: Architectural 1I1l Buh,rd Ori\l~ · Lawrenccville. C~rP ~c; (1'70) fi82.Q6.~ Fax (170) '82-Q4Q.'1 2) Any permit$. It has been our experience from past projects that tne City and County do no1 require permits for repair projects at this type. They do, normally like 10 nave a copy of the methods, procedures, etc., on file, which will be furnished as requated. Engineered Restorations. Inc. recognizes the importance 01 completing thj.s project by 4129/00 We are committed to accomplishing this provided a Notice to Proceed is given on or before 417/00. We appreciate the opportunity to provide you with our propasaJ and hope to work with you on . this prOJect. Sincerely. ENGINEERED AESTORA TrONS. INC. ~2 ...:.--- ames Parnell. Project Manager ~ .. .. .... ~~ a......~ - 0.:6_ r ~ - . ~ G . B1 CD m z -4 . ~ A2 G A4 HI !i I a} . I J 82 I J B3 I J B4 r J I J I n % ~ - c 0 c: ~ e . g ~ z ~ ~ ~ ~ ~ ~ ! ~ AS r I AI P'-_ I , r I AI A7 BS I . I I I . I f Be 87 sa :D m ~ :> it > :a ~ ~ rn G; ~ ~ 5 z en A9 89 f I .. I t o A10 B10 .-- I .'11 I I B11 I J A12 812 ,.- J A13 . r . I 8131 . ".I r"... ; . "-"'" to' . I I I I I I I I I I I I I' I I I I I I .. . . , . .- . ~ --=-2 .4.~ . . 1> _ eos. r REPAIR QUANTITIES REcurRED AT EACH LOCATION (Preplaced aggregate concrete) A-1 3 sides Total of 15 C.F. A-2 4 sides Total of 49 C.F. A-3 4 sides FuJI depth Talal of 80 C.F. A-4 4 sides Full depth Total of 80 C.F. A-S 4 sides Full depth Total of 80 C.F. A-6 4 sides Full depth Total of 80 C.F. A-7 4 sides Full depth Total of 80 C.F. A-a 4 sides Total of 40 C.F. A-9 2 sides Total of 24 C.F. A-l0 1 side Total at 12 C.F. A-l1 1 side Total at 12 C.F. A-12 1 side 'Total at 4 C.F. A-13 1 side Total of 10 C.r:. 8-1 2 sides Total ot 50 C.F. B-2 2 sides j otal at 32 C. F. B-3 4 sides Total at 32 C.F. 8-4 1 side Total ot 12 C.F. B-5 2 sides Total of 9 C.F. 8-6 4 sides Total at 80 C.F. B-7 4 sides Total of 40 C.F. B-a 4 sides Total of 60 C.F. 8-9 4. sides Total at 60 C.F. 8-10 4 sides Total of 72 C.F. 8-11 4 sides Total of 72 C.F. 8-12 4 sides Total of 60 C.F. 8-13 2 sides Total of 20 C.F. .. ~ .-.- ".. . . -' ..:- ,. I .. .... ,- 0' ... Ii I I I I I I I I I I I I I I I I I - I ,"..oj "63';: e..e3 ? ~:.t'" Bid Package Archibald W. Butt Memorial Bridge FaundaliOll Repair March 31. 2000 I. General Augusta-Richmond County is soliciting bids from qualified conQ"actQf3 for foundation repairs to deteriorated concrete supporting rhe BUtt Memorial Bridge on Fifteenrh Street. 2. BacklZ'l'Dun~ The bridic was built in about 1913 or 1914. It is a poured in piKe con-=retc: arch strUc.'tUre with decorative elements extending over the Auguara Carlal. The bridge is historic for its commemorative features and its early concrete conaructian. The Augusta Canal fUmi:Jhca hYdropower for industry. It is currently drained for the conscrucnon af a pipeline project in the SQuth canal bank a.c1jacertt ta the bridge sire. The c:ana1 will be drained through April 30, 2000. The: c.;ry bec::une aware of the dctcrionucd foundation in the: two center benu ""low the water line during this period of draining. J. En lrine~ The COWlty engineer for this project is Douglas A. Cheek, assistcd by consulting enginem. Cranston. Robertson & Whitehurst. P.C. Telephone numbers are (706) 821-1706 and (706) 722-1588. resp=:ively. 4. Tesril1i ~ .. Con:~ arc: being cut by a iCOtechnica1 consultant from each of the bents today. They will be testc:d for compressive strength. pett'Ographic analysis. and analysis of cementicious material For content. Results w;1J be available withift one week. including. n:commendatiaft of a grout mix that will be compatible in strength md composition with the existing concrete. S. Scone of Renai~ A. CiencraJ The deteriorated concrete foundation wiU be repaired and reston:d from the :\lISUmed pile cap (or footins) in the bed orth. C8fta1 up to the bottom arthe osee car jusr lmder \he bearing \C"f'cl for the arch beams. The repairs will be made uain, prc-P'acecl .81'0". ,I .' II'~. .. . I ,. ". .. " .. I \ I I I I I I I I I I I I I I I - - . . '"" ......... liJ4lit3 ..... .- concnrre within or nearly within die cxiatin. geometry of die structure. 8. ^DClic~ble ~c:a~iremenrs, DC!imatioQ ~ Guide for the Use ofPra-Placcd Agppre Coacrere for Strw:mral ancl Mass Conc:rere Applic:aQOftS, American Concrete lnsrilUte. Preservation of Historic C~or..~ Problems met Oc:nara1 Approac:ha. NatiODal Park Sir/ice. ACt 304.1 R-92 (Re- approved (991) Preservation arid 15 c. Clean concrete surfaces. D. Staae work and/or shon: up SUUCture IS needed. E. Removc unsound c:oncrctc u and where nc:cc:smy. It least 4 inches deep, fanDing squared cavities.. F. Clean md epoxy coat any exposed reinforcing steel G. Place reinforcing steel in cavity It least No.4 bars at 12 inches an center. dowelcd into cximng concrete. H_ Form and 1'lac:e pre-placed aggregate concrete and grout under pressure using a mix chat is compatible with cxistinl concrete in strength IIId composition. .a I. Complete job and clc:aa up site. 6. Main~en3nc:e ofTr3ffiti .;a The repairs win be made under roadway traffic. unless other uranpmc:nrs are made. 1. Time ofComnletion The canal is schecluJed to be refilled on April 30, 2000. .." ... '~"... -~ I p'. . ". ., .1, ~ I I I I I I I I I I I I I I I I I I ., . ..- .~"- ""''''4-=' ~:J ..'i~ 8. ~runo5DI Foml Submit the following bid fonn. completed. to the: Augusln-Richmond County Puhlic Works and engineering Department, Ann: Dougtas A. Chec:k,IJ.E., Municipal BuiluinKo Suir..: 70 I. 530 Greene Strc:e\, Augusta, Cieol'Kiil 30911 by AprilS, 2000. A tiaxcci Proposal will b~ a~C:,""l~ at (706) 821-1708. A. Base 'liJi To perform all work described above, or as necesslUY ror a comp'~tlt repair jab, finished by April 29, 2000, assuming a notice: to proc.=.! is given un ur before April 1. 2000. * Lurnp Sum S 85..500.00 S. A Itcml1tive Bid To perrorm .1111 worle described above or necessary ror il con1ple1c repair jab within 1 (quote time) wecks, assuminl a notice 10 proceed is Kivell an or before April 7. 2000. ?f-Lump Sum S 8S,SOO.co 'J. LiCJuiu:Sh:d Damatles Liquidutcd uumagC$ in the amount ofSSOO.OO per d:lY will be accessed lor cilch dllY that [Iu: Wl>rk is 110t completed by the mutuillly agreed upon completion dille. Submined by~ ~ !NCIMEnJm 1tESlQRA~OWS. rIJ:'!. ... Contractor 8~LL Title: PRO.lECT tt......GEIl ---------.... e Address: 23.5 BUFORD DRIVE ------... . Due Allril 5. 2UOU LAW'R!RCEVILLI. GA 3004S * See Nt::K-r / - ~/Tt7C . I -:.'.. . ." ,. \ ~ I I I I I I I I I I I I I I I I I I .~.I _. - -- - -.. . - at..." aN 4. P.02 ......1 ': ' '" ."..!!! ~ -...... { . Q Cl""nt'ftml . t.CIflliUtt.."" ENGINEERED · {J RESTORA nONS lNe. W.ltarptooilns 1& KlIlilOnnon - Structural. Architectur:aJ :at II...r..,1ol Oriv~ . La""tm.;lI"d..... GaU'JlCi.. Jl'AU.," {11m NlZ~~ F.'!. {1'm, IWZ-IJW:J Apn'6,2000 Mr. Douglas A. Cheek. p.e. .~u;usta PUblic WOrks ar.~ ;nglneerlng Oepartment RcOl!\ 701 . SJO Glcane Slraer Augu_ra. CA :3091 j. . Phone 7Ca-a2 i .1 i06 FAX 706-821 -1708 RE: Archibald Bun Bridge Foundation Repairs Dear .\,tr. Cheek: Alii PtI, our conversation ot thie date. Engineered Restorations, Inc. can provide payment and panarmance banas tar the above referenced project. in orOer to be compensate~ Jor the cost incurred. our Bas. Bid Price will Change from ~is~.::)uo.uO to $86,182.50.~ If you have any questions. ptease contact me. Sincerely. ENGINE~~5STORAT10NS. INC. ~_. ~ - "',"- j~ James par"e". Proiecl Maneoer ..