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
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CONTRACT DOCUMENTS
FOR
ARCHIBALD W. BUTT
MEMORIAL BRIDGE
FOUNDATION REPAIR
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PROJECT NO.:
323-04-200823130
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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
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Supplementary Conditions
SC-I thru SC-2
Proposal
P-I thru P-3
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(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
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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
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~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.
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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.
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MINORITY AND ECONOMICALL Y DISADVANTAGED BUSINESS SUPPOR'(
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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.
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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
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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
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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.
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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~
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I "I! ! . -1(4., .;: . ':~ AU:GUSTA-RICHMOND COUNTY
,,; : y ~ ~ COMMIS!f;t- OUNen.
~ ~ \, f~ L.. 1 (Owner)
'fill \ -- .:'.J it
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SEALf. , ............; By:
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Attes ~. ".., ..~., h' ..... .....,.....,.:.:.;~~Tltle: Mavor 0 Augusta- e Qnd- oun~
C.. . C '1
omml~Slon ounel . _.,. _, .~_.~..,~....
CONTRACTOR: 61~II(~"~dO~~64It~c-
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SE.AL Title: ~1"; m,l2.
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ecrecary
).;j1L... >> .JJJI
Wimess
Address: z,!.:('" ~~ILO~
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Art/de
Number Tille
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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 ......,.,.,......................................
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10
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32
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INDEX TO GENERAL CONDmONS
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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
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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.::
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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
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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
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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.
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, :
(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-
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1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to the Owner 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".
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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'
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N(nl~H AMERICA~' SPEC'.iJ\iLTy':INSUR,ANCE_' -dOMPA'~Y,
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KNOW ALL MEN BY THESE .PRESENTS. TH.A:r THE .NORTWArvlERICAN SPECIALTYrlNSURANCE C.OMPANY, :acolporation dUly,;-Qrganized and
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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 .:. ": _ -, - -'. . . _ - .
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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
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'. -: '.'. 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. . .:: . ,.~: '" ;~..' . ,
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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. <.: .-." ".
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- 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~~.,.' .:.',_.;.... :.,
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-: 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
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~ ." _ RQbert M: 51)1~~tc ..p_r,!~~flert:~nd'Chlef ~~~rating.'p~f;.!~'r . ._y 'JF1'~~t.;
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State' of Ohio
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. 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
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Notary Public - Stale of OhiO. . ..
-1 My-commission 'expires May 6, 2003 . .
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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, . .:.>>>. ;. : .:. ;,'_' :~'. :~':.~ >'_'. .'>::''"._ ~. . -::. > - _.' '..:' ..
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I hereto_set my hand andaflixe~:~hese~r:Of S~i~/compa~yt~is_,,_ i> ~..."'.~: ::::':-/;;''-;R''':~ .:,:.:
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.:-...~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- '.
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James Z!olo, N~tar.y Public
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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.
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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.
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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.
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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. .
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Supplementary ConditionS-The pan: of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
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Supplier-A manufacturer. fabric:ltor, supplier. distributor.
matenaiman or vendor.
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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,
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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.
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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.
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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
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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
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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.
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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:
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3.4.1. a fonnal Written Amendment.
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3.4.2. a Change Order (pursuant to pazagraph 10.4).
or
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~.4.J. a Work Directive Change (pursuant to para_
graph 10.1).
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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.
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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:
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j.S .1. a Field Order (pursuant to paragraph 9 .S).
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3.S.2. ENOINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and6.11l. or
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3.5.3. ENGINEER's Wntten interpretation or clarifi-
cation tpursuant to paragrapit 9..n.
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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.
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ARnCI.E 4-" V All.ABIUTY OF LANDS: PHYSICAL
CONOlnONS: REFaENCE POINTS
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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
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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.
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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.
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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.
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~,~,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~.
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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:
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J...3.1.1. OWNER and ENGINEER shall not be
responsible for [he 3CCU/':1CY or completeness of any
such iniormation or data; and.
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~.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.
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~.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
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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
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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..
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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:
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5.3.1. Claims under workers' or workmen's compc:a-
sation. disability bene:nts and other similar employee beD-
ent acts:
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5,3.':. Claims (or damages because of bodily injury.
occupationat sickness or disease. or death of CONTRAC.
TOR's employees:
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5.3.3. Claims (or damqes because: or bodily injury.
sickness or disease. or death of any person other thaa
CONTRACTOR's employees:
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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:
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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:
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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
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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:.
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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
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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.
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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
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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.
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ARTICLE 6-CONTRACTOR'S RESPONSIBILmES
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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place of me Project which are applicable during the perfor-
mance of the Work.
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(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-
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pletion or" the Worle. these record documents. samples and
Shop Druwings will be delivered to ENG IN EER for OWN ER.
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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:
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(;,~O.I. all employees on the Work and other persons
and organizations who may be alTected thcrcby:
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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
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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.
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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.
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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.
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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
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each Shop Drawing submitled to ENGINEER Cor review
and approval of c:acb such variation.
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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.
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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.
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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.
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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.
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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.
.
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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.
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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-
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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.
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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.
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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.
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:~RTICLE S-QWNER'S ~ESPONSIBILlTIES
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8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
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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.
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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.
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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-
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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:.
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ARTICLE IO-CHANGES IN THE WORK
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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),
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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:.
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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.
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10.-1., OWN ER and CONTRACTOR shiUl e.'tccute appro-
priate Change Orders lor Written AmendmentsJ cuvering:
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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:
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10A.Z. changes in the Contract Price or Cuntract Timc
which are ay.reeu to b~' the parties: and
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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).
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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).
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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).
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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:
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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.
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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.
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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
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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.
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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
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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.
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11.~.5. 7. The cost uf utilities. fuel and sanitary
facilitics at (he site.
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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.
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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:
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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.
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II.5.Z. E.'tpenses I~f CONTRACTOR's prinCipal and
branch offices uther than CONTRACTOR's ut'lice at the
site.
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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.
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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,.
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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.
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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.
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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
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aUowances. No demand for additional payment on ac:coum
of any men:of wiu be valid.
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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.
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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.
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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.
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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.
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.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
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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.
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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
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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).
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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).
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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.
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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.
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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. .
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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
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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
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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
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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.
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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.
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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:
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1~.7.1. the Work is defeC'ri\'e. or completed Work has
been damage~ reqUiring correction or replacement.
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ten .o\mendmcnt or Change Order.
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(..l.7.3. OWNER has been required to correct defee'.
rin' Work or complete Work in accordance with parograph
13.14. or
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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.
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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
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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-
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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Wail'"'' of Claims:
1~.16. The making ;tnd acceptance of final payment will
constitute:
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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
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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
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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):
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15.2.7. if CONTRACTOR diSregards laws or Rep-
lations of any public body having jurisdiction:
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15.2.8. if CONTRACTOR disregards the authority of
ENGINEER: or
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15.2.9. if CONTRACTOR otherwisc violates in any
subswniaJ way any provisions of the Contract Docu-
ments:
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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.
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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.
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ARTICLE 16-ARBITRATI01.'f
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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'.)
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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.
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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
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1.8
1.9
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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
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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.
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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.
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ames Parnell.
Project Manager
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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.
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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.
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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".
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concnrre within or nearly within die cxiatin. geometry of die structure.
8. ^DClic~ble ~c:a~iremenrs,
DC!imatioQ
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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.
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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~
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!NCIMEnJm 1tESlQRA~OWS. rIJ:'!. ...
Contractor
8~LL
Title: PRO.lECT tt......GEIl
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Address: 23.5 BUFORD DRIVE
------... .
Due Allril 5. 2UOU
LAW'R!RCEVILLI. GA 3004S
* See Nt::K-r
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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.
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James par"e".
Proiecl Maneoer
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