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Home My WebLink AboutAugusta Canal Service Bridge Rehabilitation Augusta Richmond GA DOCUMENT NAME: 1'\ 11''3 \J S T 4 Q..1l. tV A- L- <be: ll-'-' Ie.". IS {l- \ .~ 'j G. ~ ~ t-t. A- P.> ;Lt 'r A- T"o N DOCUMENT TYPE: Co,vTRAC, YEAR: ;) DO ~ BOX NUMBER: ) C( FILE NUMBER: J It 5 <6- ~ NUMBER OF PAGES: l ')S- I I I I I I I I I I I I I I I I I I I -# CONTRACT DOCU~fENTS AND SPECIFICATIONS FOR AUGUSTA CANAL SERVICE BRIDGE REHABILITATION Augusta, Georgia Prepared for AUGUSTA-RICHlVIOND COUNTY COMLVIISSION ^ Prepared by - Cranston, Robertson & Whitehurst, P.C. ENGINEERS - PLA1~'NERS - SURVEYORS P.O. Box 2546 - 452 Ellis Street Augusta, Georgia 30901 I I If June 21, 2002 Revised August 8, 2002 2000-044 I I I I I I I I I I I I I I I I I I I CONTRACT DOCUMENTS AND SPECIFICATIONS FOR Augusta Canal Service Bridge Rehabilitation Augusta, Georgia AUGUSTA-RICHMOND COUNTY COMMISSION The Honorable Bob Young Mayor Lee Beard Tommy Boyles Ulmer Bridges Richard Colclough Bobby Hankerson William B. Kuhlke William H. Mays. III Stephen Shepard Marion Williams Andy Cheek Max Hicks Director, Augusta Utilities Department Cranston, Robertson & Whitehurst. P.C. Engineers - Planners - Surveyors Augusta, Georgia June 2 L 2002 Revised August 8, 2002 .. I I I I I I I I I I I I I I I I I I I SECTION I IE P BB CA NA A PB NP GC SC-O SC TS-O TS .. T ABLE OF CONTENTS TITLE NO. OF PAGES Invitation for Bids Instructions to Bidders Proposal Bid Bond Certificate of Owner's Attorney Notice of Award Agreement Performance and Payment Bonds Notice to Proceed General Conditions Index to Special Conditions Special Conditions Index to Technical Specifications Technical Specifications .., .J 2 2 .., .J 5 89 2 16 .... .J RECEIVED: 8/21/02 9:49; ->CH2M HILL; #808; PAGE 4 I I I I I I I I I I I I I I I I I I. I AUG-20-2002 23:05 ARC PURCHRSING IN V 11 A 11Ul'J 1 U D.lU P.04/04 Sealed Bids will be received in this office until 3:00 p.m., Tuesday, October 15, 2002 ) ITEM #02-182 Augusta Canal Service Bridge for, Augusta, Georgia Utilities Bids will be received by the City of Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Augusta,Georgia Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 At the time and place noted above the bids will be publicly opened and read. Bidding documents may be obtained at the office of The City of Augusta Purchasing Department, 530 Greene Street - Room 605, Augusta, GA 3091 L Copies maybe obtained upon payment of$25.00.non refundable for each set. Documents may be exam:ined during regular business hours at the offices of City of Augusta Purchasing Department, Augusta, Georgia Utilities Department 360 Bay Street, Suite 180, Augusta, GA 30901, Augusta Dodge Plan Room, and Augusta Builder's Exchange. A MANDATORY Pre-Bid' Conference will be held on Tuesday, October1,:2002@JO:OOam. in Room 605 of the Purchasing Department. '. . It is the wish of the Owner that minority businesses are given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of tht;: work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% bid bond is }uired to be submitted in a separate envelope so marked along with the bidders qualifications; a 100% performance bond a.nd a 100% payment bond will be required for award. The Owners reserves the right to reject any or all bids and to waive technicalities and informalities. Please mark Bid Item number and Project Name on the outside of the envelope. Any objections to the specifications as set forth should be filed in writing.prior to bid opening. YOU MUST Srm,MIT A MARKED ORIGINAL AND i(TWO) COPIES OF SuBMITTAL -' . GERI A. SAMS, Pmchasing Director . Publish: Augusta Chronicle Augusta Focus cc: Walter Hornsby Max Hicks -J\U~3?~:l~eptember 5,12,19,2002 - September 4, 2002 . .. . -Augusta, Georgia Equal Opportunity -Augusta, Georgia Utilities TOTAL .P.04 I I I I I I I I I I I I I I I I I I I SECTION IB INSTRUCTION TO BIDDERS 18-01 GENER,C\L All proposals l11ustbe presented in a sealed envelope. addressed to the Owner. The proposal must be tiled \vith the Owner on or before the time stated in the invitation for bids. ~vlailed proposals will be treated in every respect as though filed in person and will be subject to the same req UI re 111 e n ts. Proposals recei \fed subsequent to the time stated wi II be returned unopened. Prior to lhe time stated any proposal may be withdrawn at the discretion of the biclcler. but no proposal may be \vithdrawn tl)r a period of sixty (60) days after bids have been opened. pending the executiun of contract with the successful bidder. 18-02 EXAi'vILNA TION OF WORK Each bidder shall. by careful examination. satisfy himselfas to the nature and location of the work. the conformation of the ground, the character. quality and quantity of the t~1Cilities needed preliminaI"): to and during the prosecution of the work. the general and local conditions. and all other matters \vhich can in any way affect the work or the cost thereof under the contract. No oral ~lgreement or cOl1\'ersation with any officer. agent. or employee of the Owner. either before or after the execution of the contract. shall affect or modify any of the terms or obligations therein. 18-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans. specitications or other prebid documents will be made to an\' bidder orallv. . . I:very request fc.)r such interpretation should be in \vTiting addressed to the Director of Cranston. Robertson & Whitehurst. P.c., 452 Ellis Street. AUl(usta. Georl(ia 30901. and to be given consiclerationmLlst be received at least five days prior to the c1ate lixed for [he opening o,'bids. :\ny ancl all such interpretations and any supplemental instructions will be in the form of \\Titten ,lddenda to the specifications which. if issued. will be sent by certitiedmail with return receipt requested to ~111 prospective bidders (at the respective addresses "urnished tl)r such purposes). not later than three clays prior to the clate tixed for the opening of bids. Failure of any bidder to receive ,lilY such addendum or interpretation shall not relieve sUl:h bidder I'rom ~lIlY oblig,1tionunder his bid as submitted. All addenda so issued shall become part of the Contract Documents. 18-04 PREPARATION or 1110S 13ids shall be submitted on the forms provided and must be signed hy the bidder or his authorized representative. .'\ny corrections to entries made on bid forms should be initialed by the person signing the hid, 18-1 I I I I I I I I I I I I I I I I I I I Bidders must quote on all items appearing on the bid forms. unless speciflt directions in the advertisement on the bid form. or in the special specitications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required. bidders shall insert the words "no bid" where appropriate. Alternative bids \villnot be considered unless specitically called for. Telegraphic bids will not be considered. ~vloditications to bids already submitted will be allo\ved if subm i tted by telegraph prior to the time tixed in the I n vi tation for 13 ids. ivlad i ficarions shall be submitted as such. and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the tirm and his signature attested by the secretary thereof who wi II affix the corporate seal to the proposal. NOTE: A 10<% Bid Bond is required in all cases. 1S-05 B,-\SIS OF AWARD The bids \vill he compared on the basis of unit prices. as e:\tended. which will include and cover the furnishing of all material and the performance of all labor requisite or proper. and com pleti ng of all the work called for under the accompanyi ng c('lntmcl. and in the manner set forth and described in the specitications. 'vVhere estimated quantities are included in certain items of the proposal. they are for the purpose of comparing bids. While they are beliewd to he close appro:\im~ltions. they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in e:\tension of prices in a proposal. unit bid prices shall go\ern. IB-06 BIDDER'S OUALlFICA TIONS No proposal will be received from any biclckr unless he can present satisfzlCtory evidence that he is skilled in work ofa similar naQlre to that covered bv the contract and has sunicient assets to meet ;:111 obligations to be incurred in can-ying out the work. He shall submit with his proposal. sealed in a separ~l[(: envelope. a FI:-i.-\;\CI.~\L EXPERIENCE /\NO EQUIPMENT ST ATEiVlENT. giving reliable information as to \\.orking capital a\.ailable. plant equipment. and his experience and general qualitications. The O\mer may make such in\.estigations as are lkemed necessary to determine the ability of the bidder to perform the \\ork and the bidder shall furnish to him all such additional information and data for this purpose as Illay he requested. The Owner reserves the right to reject any bid if the evidence submitted hy the bickleI' or il1\'estigation of him fails to satisfy the Owner that such bidder is properly qualitied to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a I ist of the names and addresses 0 f' not less than ti w ( :,") ti rills or corporzltions !<lr wh ieh the hillcler has done similar work. IB-2 I I I I I I I I I I I I I I I I I I I fB-07 PERFORMANCE BOND .. At the time of entering into the contract, the Contractor shal' give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill. tools. machinery or materials under or for the purpose of such contract. conditional for the payment as they become due. 0 f all just claims for such work. tools. machinery, skill and terms. for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specitied. and for compliance with the la".s pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Ov,;ner and authorized by lav,; to do business in the State of Georgia. Attorneys-in-fact who sign bonds must tile with each copy thereof a certil.ied and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith. and awards will be made as soon as practicable. provided satisfactory bids are received. The right is reserved. however to waive any informalities in bidding. to reject any and all proposals. or to accept :1 bid other than the lowest submitted if such action is deemed to be in the best interest of the Ov,;ner. IB-09 MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County Commission to increase the in H)I vement 0 fqu::lI i tiedmi nori ty and economically disadvantaged businesses in the contracted work nf Count" Government. In an effort to support this intention. this project is otfered to all qualified firms. The bids wi II be evaluated based on q ualitications, price and construction ti me. Wi th all other items being considered equal. the contract. if awarded will be awarded to a minority and economically disadvantaged tirm or a tirm that has included such firms as subcontractors on this project. The bidders shall include with their bid a statement of LjuaJitication for themselves and/or any qual i tied subcon trnctors explaining why they should be cons idered n m i nori ty or .:conomie<t1ly disad,.antaged '.irm. I f the tirm does not fall into this cCltegory. no information is necessar\' . !B-3 ~~ , , , , I I I I I I I I I I I I I I I ~ SECTION P PROPOSAL DATE: to - 14 - 0 z. Gen tlemen.: III compliance with your invitation for bids: the undersigned hereby proposes to furnish all labor, equipment and materials. and to perform all work for the project referred to herein as: AUGUSTA CANAL SERVICE BRIDGE REHABILITATION in strict accordance vvith the Comract Documents and in consideration of the amounts sho\,vn on the bid schedule attached hereto and totaling: #W.~~~~ ,and~ /100 dOIlars(9~ 50(). 06) The undersigned hereby agrees that, upon written acceptance of this bid, he will \vithin 10 days of receipt of such notice execute a formal contract agreement vvith the Owner. and that he will provide the bond or guarantees required by the contract documents. The undersigned hereby agrees that: if awarded the contract. he wi I] commence the \.I/ork within ~ (lQ) calendar days after the date of written notice to proceed. and that he will complete the work within one hundred twentv (120) calendar days after the date of such notice. The undersigned acknowledges receipt of the following addenda: ~l Enclosed is a bid guarantee, consisting of in the 3moum of 10% of ~h-<- b;d. 6,'J Bond Respectfully submitted. SCOTT BRIDGE COMPANY, INC. FIRM N A'R-ff BOX 2000 OPEUKA, AL 36803-2000 BY: BUSINESS ADDRESS ~1UMijJ TITLE: v. Pre,s, P-l 1 II' I I I I I I I I I I I I I I I I I I BID SCHEDULE TO ACCOMPANY THE PROPOSAl OF BIDDER: ADDRESS: ITEM NO. I. I. ') .., .1. 4. II. I. SCOTT BRIDGE COMPANY, INC. P.O. BOX 2000 OPEUKA, AL 36803-2000 DESCRIPTION. OUANTITY. C~IT..:\: UNIT PRICE BRIDGE RETROFIT Demolition & Removal Lump Sum Structural Steel [nc1. Paim, Angles. Harc\\Jre. e~..:. Lump Sum Timber Nail Laminated Deck rnel. Beam :\"ailers. Curb <11~,i ./-fandrail & Associated Hardware Lump Sum Timber Brace Replacement rne!. HarC:W2.f:: Lump Sum iYI [SCELLANEOUS JVlobiJization (lncluding Performance Bond Premilll~l) Lump Sum Subtotal GHAND TOT.'-\L p.! ~ .-\!vIOUNT ,I I :/ ,f ;1 il ., s 9000.00 s JA 000.00 , ~qOO.OO s l7,oco.oo , s 10 ooC). 0 6 , s 98. SOO. 0 "0 . <;;~ 6Q:?OO .. I I I I 11 JI I I I I I I I I I I I I I ,I .. -I SECTION BB BID BOND K!\70\V ALL .MEN BY THESE PRESENTS, that we, the r,...,.,.,......~_ I St. Paul Fire and '-^.IllljJCJ.J.1 y , nc . as Principal, and Insuranc-.e C,orrpmy Scott Bridge Marine as Surety, are hereby held and firmly bound unto the Augusta-Richmond County Commission of Augusta, Georgia as Ten Percent (10%) of the amount bid--- Owner in the penal sum of for the payment of which, well and truly to be made. \Ve hereby jointly and several1y bind ourselves. our heirs, executors, administrators, Successors and assigns. Signed this 15th da\' of October .20 02. The condition of the above obligation is such that \vhereas the Principal has submitted to the Augusta-Richmond County' Commission of Augusta, Georgia, a certain Bid, attached hereto and hereby made a pan hereof to enter into a contract in writing for AUQusra Canal Service BridQe Rehabiliriation, for Augusta, Georgia in accordance with plans and specifications of the Augusta Utilities Department. NOW, THEREFORE, (a) If said Bid shaJ1 be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewi th, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety. for value receive, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within \",'hich the Owner may accept sllch Bid: and said Surety does hereby waive notice of any such extension. BB-l I I I II I :1 I I I I I I I I I I I I I ,\ .. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be here~o affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed and sealed this 15th A.D. 20 02. O:.tober day of Wi tness ~~c ~ Scott Bridge Company, Inc. (Seal) (Principal) Attest 4 ): p- -~ By (Seal) - (Title) . '~"5. Witnes~~~ Betty S. Cox St. Paul Fire and Marine Insurance Company (Seal) (S urety) B)~ Thomas J. Gentile, Attorney in Fact (Seal) BB-2 I TheStRlol POWER OF AITORNEY ~ r' Seaboard Surety Company SL Paul Fire and Marine Insurance Company SL Paul Guardian Insurance Company SL Paul Mercury Insurance Company United Slates Fidelit~. and Guaranl~' Compan~' Fidelity and Guaranty Insurance Company Fidelit~. and Guaranty Insurance Underwrilers. Inc.' I I I Power of .....llorney :-10. 22879 Cenilicale .'io. 12 8 91 8 8 I I Renee Ellis. Paul B. Scott. Jr.. Joseph M. Walker, Jr., Thomas J. Gentile. Billie Jo Sanders and David J. Durden I I nl the City of Montgomery . State Alabama . their Irue and lawful,-\norneYIS!-in_Facl. each in their 'eparate cupacilY if more chan one is named above. co sign its name as surety co. and 10 execute. seal und acknOwledge any und all bonds. undertakings. conlraCts and other wrilten inslrumems in the nalure Ihereof on behalf of the Companies in rheir business 01 guarameemg che tide/ity 01 persons. guarameeing the performaoce of camraClS amj execuling or guaranteeing bonds and underukings required or permined in any actions <Jr proceedings allowed by law. I IN WITNESS WHEREOF. [he Companies hal'e caused lhis inslrumem 10 be ,igned and sealed this 30th dav \1t' November 2001 i I If I II Seaboard Surely Company St. Paul Fire and .Vlarine Insurance Company SI. Paul Guardian Insurance Company 51. Paul "Iereur~' Insurance Company Uniled States Fidelity and Guaranty Cnmpany Fidelit~. and Guaranty Insurance Company Fidelity and Guaranl~' Insurance Underwriters. Inc. .~,~!'''~~f~~ k;to.'o..'t:"~ ~. - '~l -;\.SEllL/oal ~.:-.._<~'.+J .'~; @ - I :~ :<N~' L€r/~ I Slatc of ;'vlaryland Ciry of Baltimore II II I ~ I On this 30th day of November 2001. before me. [he undersigned officer. personally appeared John F. Phinney and Thomas E. Huibregrse. who acknowledged chemsclves to he Che Vice President and Assistant SecrelaI;-'. respecril'cly. of Seaboard Surely Company. Sl. Paul Fire and :Vlarine Insurance Company. SI. Paul Guardian Insurance Company, SI. Paul :VlercuI;-' Insurance Company. l'nited States Fidelicy and Guarantv Cumpany. Fidelity and Guaranty Insurance CJmpany. Jnd Fidelity and GuaranlY Insurance Underwrirers. rnc.: and Ihal the ,eal._ aftix~d 10 Ihe foregoing instrument are the corporate seals of .alll Cumpani~s: and that rhe\'. as ,uch. h~rng JUlh"f1zed '0 10 UO. executed che loregoing instrumenr for rhe pUrposes therein conlain~d hy ,igning rhe names of rhe :"rp"rauons hy [h~m.'elves as uuly aUlhorized offic~rs. THO.\IAS E. HUtBREGTSE. Assi,,""c Secrecary In Witness Whereof. I bereullIo ,et my hand and oltlclal 'ea!. ~jp~.~ REBECC\ EASLEY.(),\lOKAL.'I. :"incar,. Public I I I , I I i I I I :vlv C"lllmi.'''''n expires [he 13th day of July. ~002. I I ~6203 R" 7-2000 Po""" '0 U.SA i I I ) I I I I I I I I II I II ~ I I I ~ I I , II 'I 1 This Power of Allome:, is granted under and by the authority of the following resolulions adopted by the Boards of Directors of Seaboard Surety Company. SI. Paul Fire anr: .vlarine Insurance Company. SI. Paul Guardian Insurance Company. SI. Paul .\1ercury Insurance Company. Umled States Fidelity and Guaranty Company. Ftdelity and Guarant\ Insurance Company. and Fidelity and Guaranty [nsur.mce Underwriters. Inc, on September 2. 1998. which resolutions are now in full force and dTecr. reading as follows: RESOLVED. that 10 connection '.\.ith the ridclit~ and surery in.lurance business "fthe Company, ~ll bonds. undertakings. contracts ~nd other inslruments relating to .,aid business may be 3igned. ':.,ecuted. and acknowledged by persons or entities appointed as AllomeYls)-in-Fact pursuant ro a Power of Arromey issued in accordance with these reSOlutIOns. Said Powensl of Arromey for and nn behalf of rhe Company may and shall be e.,eculed in rhe name and on behalf of the Company. ~ilher ~\ the Challman. elr the Pre>ldent. or any Vice PreSident. ur an Assislant Vice President. jointly with the Secrerary or an AssistJnI Secretary, under theIr respectl\.e designalions. The signature of such officers may be engraved. printed or lithographed. The signature of each of the foregoing officers and rhe,eal of rhe Company may be atTi.,ed by facsimile to any Power of A,ttomey or to any certificate relating thereto appointing ,-\tromeyisJ-in-Fact tor purposes only of executing and arresting bonds Jnd undertakings and olher wrrtings obligarory in the nature rhereof. and subjecr to any limitalions set forth therem. any ,uch Power of .-\rromey or certificate bearing such racsimlle signature or faCSimIle ,eal shall be valid and binding upon rhe Company, and any such pOwer so executed and certlried by ,uch faCSimile signalUre and tacsimile ,cal shall be valid and binding upon rhe Company with respecl ro any bond or undertaking to which il is \'alidl" arrached: and RESOLVED FI.;RTHER. lhac ,.\rtomeYlsJ-in-Fact ,hall have the power and "ulhoritv, and. in any case. .iubject to rhe rerms "nd limitations or' the Power of ,~Ilomey issued {hem. 10 e,eCUle and Jeliver ,1n behalf uf (he Cumpany and co allach the seal of the Company to any and all bonds and undertakings. and other wnrings ublig:ltory 111 the nature thereor'. and Jnv such inslrument e.,ecuted by such ,-\llomeyrsJ-in-Fact shall be as binding upon the Company as if' signed bv an E~ecutive Ofticer and sealed and allested fO by Ihe Secr~tary of the Company. I. Thoma" E, Huibregcse, .~ssisralll Secrerarv or' Seaboard Surery Company, SL Paul Fire Jnd .vlanne Insurance Company. SL Paul Guardian Insurance Company. SL Paul Ylercury Insurance Company. Cnited States Fidelily and Guarant\' Cumpan\'. Fidelity and Guaranty Insurance Cumpany. and Fidelity and Guaranty Insurance L'nderwrirers. Inc. Jo hereby certlr'y that the abo\ e and foregoing is a Inte and correct copy or' (he Power nr' ,-\Ilomey e.,ecured by said Companies. which is in full force ~nd effect and has nOI heen re\'okeJ. fN TESTI:\fONY WHEREOF. I hereunto ,et my hand rhis 15th October Jay or' 2002 @ --;;'~€.'!L. Ou_7- 1951 ~ Thomas E. HUibregtse. Assistant S~cretary To ,'erify the uuthell/iciry of this Power ofAllomey. call 1.8{)()..J2 J .3880 and ask for the Power ofAl/orney clerk. Please refer to the Power ofAl/orney number. the above-named individuals and the de/ails of the bond to which the power is attached. J I I I I I I I I I I I I I I I I I I I CERTIFICATE OF OWNER'S ATTORNEY .. I. the undersigned .James Bo Wall, the duly authorized and acting legal representative of Au!..!usta. Georuia. do hereby certify as follows: I haw examined the attached Contract(s) and surety bonds and the manner of execution thereof. and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives: that said representatives ha,oe full power and authori ty to execute said agreements on behal f of the respecti ve parties named thereon: and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms. conditions and provisions thereof DATE: CA-I I I I I I I I I I I I I I I I I I I I ~ NOnCEOFAWARD DATE: 01/06/2003 CONTRACTOR: Scott Bridge Company, Inc. ADDRESS: P.O. Box 2000 Opelika City AL 36803 State Zip Code PROJECT: Raw Water Pump Station Access Bridge PROJECT NO: 10260 At a meeting of the Augusta Commission you were awarded the Contract for the following Project: held on (Date) 12/03/2002 Raw Water Pump Station Access Bridge Rehabilitation Enclosed please find 5 copies of the Contract Documents for your execution. Please complete the pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to this office 10 days from the date of this letter, excluding Legal Holidays. The Certificate of Insurance must be complete. Power of Attorney must be submitted in triplicate; an original and two copies is permissible. Very truly yours, Augusta Program Management Team Project Engineer Reclept of this NOTICE OF AWARD is hereby acknowledged this, the /1) day of ~ SCOTT BRIDGE COMPANY, INC. ~~ 1/p. P.O. BOX 2000 'AJJJ OPEUKA, ~b~803-2000 By Title Please sign and return one copy of this Notice of Award Acknpwledgement to: 2003 CH2M HILL Attn: Program Management Team 360 Bay Street; Suite 100 Augusta, GA 30901 I I I I I I I I I I I I I I I I I I I SI!:CTION A AGREEMENT THIS AGREEMENT. made on the '3rd of J)ecEM3eR. . 10 02 . by and between AUGUSTA. GEORGIA BY AND THROUGH THE AUGUSTA.-RICI-llvlOND COUNTY COMMISSION. party of the first part. hereinafter called the OWNER. and Sc.6'TT B~\Q(;e (' ^",,-PAtJV I :tNC. . parry of the second pan. hereinafter called the CONTRACTOR. WITNESSETH. that the Contractor and the O\vner. for the considerations hereinafter named. agree as follows: ARTICLE [ - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and ,III 0 f the eq u i pment and labor necessary. and to perform all of the work shown on the plans descri bed in the speci tications for the project entitled: AUGUSTA CANAL SERVICE BRIDGE REHABILIT.-\TION and in accordance \vith the requirements and provisions of the Contract Documents as detined in the General and Special Conditions hereto attached which are hereby made a pan or' this agreement. ARTICLE [I - TllvlE OF COMPLETION -- LIOUIDA TED DAMAGES The work to be performed under this Contract shall be commenced within ten (lQ) calendar cbys after the date of written notice by the O\vner to the Contractor to proceed. The work shall be completed within One Hundred Twentv (120) calendar days afterrhe date of such notice and with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed. by and bet\veen the Cnntractor amI the (hvner. that the date of beginning. rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said worK shall be prosecuted regularly. diligently. and uninterruptedly at such rate of progress as will insure full completion there of within the time specified. It is expressly understood ,md agreed hy and between the Contractor and the Owner. that the time for the completion 0 I' the \\'ork descri bed herei n is a reasonable time for the completion of the same. taking into consideration the :Iverage climatic range and construction conditions prevailing in this Joc::llity. IF THE CONTRA.CTOR SHALL NEGLECT. FAIL OR REFUSE TO COrvlPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED. then the Contractor does hereby agree. as a part of the consideration for the awarding of this contract. to pay to the Omll'r the sUllllifTwo Hundred Dollars ($200.00). not as a penalty, but as liquidated damages for such hreach of contract as hereinafter set forth. for each and every calendar day that the Contractor shall be in debult after the time stipulated in the contract for completing the \\'ork. A-I I I I I I I I I I I I I I I I I I I I .. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticabil ity and extreme difficulty of tixing and ascertaining the actual damages the Owner would, in such event. sustain. and said amounts shall be retained from time to ti me by the O\vner from current periodical estimates. I tis t't.lrther agreed that time is of the essence ofeach and every portion of this contract and the specitications \V'herein a definite portion and certain length of time is tixed for the performance of any act whatsoever: and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of the Contract. ARTICLE III - PA Yl'vIENT (A) THE CONTRACT SUM The Owner shall pay to the Contractor for the performance 0 fthe Contract the amount ,1S stated in the Proposal and Schedule ofItems, No variations shall be macle in the o.mount except as set forth in the specitications attached hereto. (8) PROGRESS PA YMENTS On no later than thelifth day of every month. the Contractor sho.lI submit to the Owner an estimate covering the percentage of the total amount of [he Contract which has been completed from the start of the job up to and including the last working day or' the preceding month. together with such supporting evidence as may be required by the Owner o.nd/or the Engineer. This estimate shall include only quo.ntities in place and at the unit prices set forth in the bid schedule. On [he \'endor run following approval of the invoice for payment. the Owner shall a !'tel' ded ucti ng pre\'ious payments made. pay to the Contractor 90% 0 f the o.mount of the esti mo.te on units accepted in place. The 10(% retained percentage may be held by the ()\vner until the t.inal completion o.ncl o.cceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PA YMENT (;\ ) ( I pon recei pt 0 hvri tten notice that the \\urk is ready ,'or Ii nal inspection ancl ,lcceptance. the Engineer shall within 10 days make such inspection. ancl when he I.incls the work acceptable ulllh::r the Contract and the Contract fully performed he \vill ,mJmptly issue a rinal certiticate. over his own signature. stating that the work required by the 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 reto.inecl percentage. shall be paid to the Contro.ctor by the Owner within 15 dm's aner the date a" said tinal certiticate. (B) I3dore tinal payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls. material bills. ancl other indebtedness wnnected with the work have been paid. except that in case of disputed indebtedness of liens of evidence o",xlyment of all such disputed amounts \\'hen adjudicated in cases where such payment has not already been guaranteed hy surety hond, A-2 ..1 I I I I I I I I I I I I I I I I I I .. (C) The making and acceptance of the final payment shall constitute a waiver of all claims by the O'Nner other than those arising from unsettled liens. from bulty \\.ork appearing \vithin 12 months after tinal payment. from requirements of the specitications. or from manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (0) Ifafter the work has been substantially completed. full completion thereofis materially delayed through no fault of the Contractor. and the Engineer. so certities. the O\vner shall upon certitication of the Engineer. and \vithout temlinating the Contract. make payment of the balance due for that portion of the work fully completed and accepted. Each payment shall be made underthe terms and conditions glncrning tinal payment. except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, the panies hereto ha\.e executed this Agreement in three (3) counterparts. eac h of \Vh ic h shall be deemed an original. in the ~.ear and day ti rst mentioned above. (SEAL) ri ~TT ST~ ~,~ I rk 7J(k1J' tJ YnBkltU1.d. ~ Wi tness (S EA [1.- - ~-~' '-:\_-(?~~- - -t TTf'~ , C' 4, .- "~.,,'~/M' ~ _S~~~_ Witness By: co~~ ~\ .-\s its . ... .-\ddress: SCOTT BRIDGE COMPANY. !NC P.O. BOX 2000 OPELlKA, AL 36803-2000 A-3 ~. ~ ~ ~ ~ ~ ~ " ~ ,I ~ .,., ,I ~ II "" ,I II '! II .JI II .JJ -- .' ~ SECTION PB PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PA YivlENT BOND ON PAGE PB-3, IN FA VOR OF THE OWNER CONDITIONED FOR THE PA YMENT OF LABOR AND MATERIAL.) KNO\V ALL MEN BY THESE PRESENTS: That Scott Bridge CcrrVt!r:y, Inc., Opelika, Alabama as Principal. hereinafter called Contractor. and St; ,.Paul Fire and Marine Insurance Company ,I corporation organized and existing under the laws of the State of Minnesota . with its principal office in the City of St. Paul . State of Minnesota . as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA. GEORGIA BY AND THROUGH THE AUGUSTA-RICHMON!? CO~TY COMMISSIO~ as Obligee. ~el~AIY1:6~):__ called the Owner. in the penal amount of N1nety-E1ght Thousand, F1ve Hundred LrJ[)ITars ($ 98,500.00 ) for the payment whereof Contractor and Surety bind themselves. their heirs, executors. administrators. successors, and assigns,jointly and severally. firmly by these presents for the faithful performance of a certain written agreement. \VHEREAS, Contractor has by said written agreement dated December 18, 2002 entered into a contract with Ovmer for the construction of Augusta Canal Service Bridge Rehabilitation, Augusta, Georgia, in accordance with the drawings and specitications issued by the Augusta Utilities Department and the Augusta-Richmond County Commission. which contract is by reference made a part hereof and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that. if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null anel \'oid~ othenvise it shall remain in full force and effect. Owner. The Surety hereby waives notice of any alteration or extension of time made hy the Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default. or shall promptly (I) Complete the CONTRACT in accordance with its terms and conditions. or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and' conditions, and upon determination by Surety of the lowest responsible bidder. or, if the Owner elects, upon determination by the Owner nnd the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner. and make available as Work progresses (even though there should be a default or a PB-I ~. . . . . . . II . II . II . . ,. '- . . . . succession of defaults under the contract or contracts .of CO!llpletion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price: but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph. shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto. less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration oft\VO (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the Lise of any person or corporation other than the Owner named herein or the heirs. executors. administrators or successors of the Owner. Si~ned and sealed this 8th ~~9U1-- day 0 f January A.D. 2003 . SCOTT BRIIX;E COMPANY, INC. (Seal) (Contractor) Attest d~ S-'At-r ./ By ~ (Seal) V.P~. (Title) Witness e? .~~ St. Paul Fire and Marine Insurance Company (Seal) (Surety) Renee Ellis I~~~ Billie Jo Sanders, Attorn~yiti~ Fact Attest PB-2 I. II I I I , II III , , , , , , -- II II . II SECTION PB LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMUL T ANEOUSL Y WITH PERFORMANCE BOND ON PAGE PB-l, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE WORK.) KNOW ALL MEN BY THESE PRESENTS: That Scott Bridge Company, Inc., Opelika, Alabama as Principal, hereinafter called Contractor, and St. Paul Fire and Marine Insurance Company a corporation organized and existing under the laws of the State of Minnesota , with its principal office in the City of St.. Paul , State of Minnesota , as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in ~he amount of _ Ninety-Eight Thousand, Five Htmdred and no/l00--- Dollars ($ 98,500.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated December 18, 200~ntered into a contract with Owner for the Augusta Canal Service Bridge Rehabilitation, in accordance with drawings and specifications issued by the Augusta Utilities Department and Augusta-Richmond County Commission, which contract is by reference made a part hereof, and is hereinafter referred . to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defmed, for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT. (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furn.ished by such PB-3 I, I I I - II II fl II II I I I I I I I I I (4) claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant. and have execution thereon. The OVll1er shall not be liable for the payment of any costs or expenses of any such suit. (3 ) No suit or nction shall be commenced hereunder by any claimanl. (a) Unless claimnnt. other than one having ,\ direct contract with th~ Contractor. shall have given written notice to any two of the lollo\\'ing: The Contractor. the Owner. or the Surety above named. within ninety (90) cbys nfkr such claimant did or performed the lnst of the \vork or !nbor. or furnisheclthe last of the materials tor which said claim is made. stnting \vith substal1tinl accLlrncy the nmount claimed and the name of the P,1rty to whom the materials \\'ere . furnished, or for 'whom the work or !nbor was done or performed. Such notice sl18ll be served l;>y mail ing the snme by reg isteredmai I or certi ti edn1<li 1. postage prepnid, in an envelope addressed to the Contractor. Owner or Surety. at any place where an office regulmly maintaincd lor the transaction of business. or served in any manner in which legal process may be served in the state in \vhich the aforesaid project is located. save that such service need not be made by a public officer. (b) After the expiration of one (I) year tollowing the date on which Contractor ceased \.vork on said CONTRACT. it being understood. howe,.er. thm if any limitation embodied in this bond is prohibited by any 1,1\\. controlling the construction hereof, such limitation shall be deemed to he amended so as to be equal to the minimum period of limitation permitted by such la\\'. (c) Other than in a state court of competent jurisdiction in ,1I1e! tor the county or other political subdivision of the state in which the project. or any part thereof. is situated, or in the United States District Court/()r the district in which the project, or any part thereot: is situated. and not else\\'here. The amount of this bond shall be reduced by ancl to the extent of any payment or payments macle in good faith hereunder. inclusive of the p~l:;ment by Surety of mechanics' liens which may be filed of record agninst said illljJrO\'ement. whether or not claim for the amount of such lien be presented uncleI' and against this bond. PB-4 I. I I I I , , , , , , , - II - - II II II 8th Signed and sealed this Wi tness ~-U' I=-l.. ~'1 ~W Attest Witness ~~ c!~ Betty S x AUest _~~ Renee Ellis PB-5 day of January A.D. 2003. scarr BRIIGE OJMPANY, INC. (Seal) (Contractor) ~y ~~ (Seal) v.(JAJJ- (Titk) St. Paul Fire and Marine Insurance Company (Seal) (Surety) ~. (Title) Billie Jo Sanders, Attorney in FaS:t I TheStRlul I I I Power of Attorney No. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. 22879 Certificate No. 15 5 4 2 31 I KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that SI. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint I Renee Ellis, Paul B. Scott, Jr., Joseph M. Walker, Jr., Thomas 1. Gentile, Billie Jo Sanders and David J. Durden I I ofibe City of Montgomery , State Alabama , their true and lawful Attorney(s)-in-Fact, each in their separate~pacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, ~ contracts and other wriften instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the ; performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. I ~~ WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 25th day of October 2002 I .. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity aUlI Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. I @ mER W. C"MAN, v,~ "",'do"' ~erl~ I State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary I On this 25th day of October 2002 ,before me, the undersigned officer, personally appeared Peter W Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, SI. Paul Fire and Marine Insurance Company, S1. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. I I In Witness Whereof, ] hereunto set my hand and official seal. ~,t~.~ I My Commission expires the 1st day of July, 2006. REBECCA EASLEY-ONOKALA, Notary Public I I I 86203 Rev, 7-2002 Printed in U.S.A. I This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions arc now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary. under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company. and any such power so executed and certified by such facsimilc signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and I I I RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach thc seal of the Company to any and all bonds and undertakings. and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I I I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, SI. Paul Fire and Marine Insurance Company. SI. Paul Guardian Insurance Company. SI. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is in full force and effect and has not been revoked. I January 2003 ,. I e @ ~I:!!~"::t:- I To verifY the authenticity of this Power of Attorney, call 1-800-421-3880 and ask for the Power of Attorney clerk. Plea.~e refer to the Power of Attorney number, the above-named individuals and the details of the bond to which the power is attached. 8th day of IN TESTIMONY WHEREOF, I hereunto set my hand this I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .. SECTION NP NOTICE TO PROCEED DATE TO SUBJECT: PROJECT: NOTICE TO PROCEED AUGUSTA CANAL SERVICE BRIDGE REHABlLlT ATION C;entlemen: You are hereby notified to commence work in accordance with the Agreement. w-ithin Ten CUD calendar days following the date first written above. and you are to complete the work within one hundred twentv (120) consecutive calendar days after the date of this notice_ The c1ate set for completion of all work is therefore BY: TITLE: *** ACCEPTANCE OF NOTICE *** Receipt of the above NOTICE OF A WARD is hereby acknowledged by Jay of ,20_ Ihis the BY: TITLE: NP-I I I I I I I I I I I I I I I I I I I I .. GENERAL CONDITIONS ARTICLE [--DEFINITIONS \Vheren:r used in these General C ond i tions or in the other Contract Documents the 1'0 Ilowi ng terms have the meanings indicated which are applicable to both the singular ~ll1d plural thereof: ...Jcldendu-Any clwnges. revisions of clarifications of the Contract Documents which have been duly isslled by COl.iNTY to prospective Bidders prior to the time of opening of Bids. AgreelJlenl- The written agreement between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement ~lI1d m~lde a part thereof as provided therein. .-lppliculiol7 .fiJl' j1u)'lJIcnt-The form accepted by PROFESSIONAL \.vhich is to be used by CONTRACTOR in requesting progress or final payments and which is to include sllch supporting documentation as is required by the Contract Documents. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) /(11' the \Vork to bt' pertl1rmecl. /Joncl.l'-l3id. performance ~lI1d payment bonds and other instruments or' security furnished hv CO!\iTR,\CTOR and its SurL'ty in accordance with the Contract Docllments. ('/lUnge (}/'(/cr--.-I documcnt recommended by PROFESSION!\!.. which is signee! by CONTRACTOR and O\Vi\[R ane! authorizes an addition. deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time. issued on or after the Efkctive Date of the Agreement. GC-l I I I I I I I I I I I I I I I I I I I .j COnlract Document.\'- The Agreement Addenda (which pertain to the Contract Documents). CONTRACTOR's Bid (including documentation accompanying' the Bid and an)' post-Bid documentation submitted prior to the Notice of A\\'ard) \\.hen attached as an exhibit to the Agreement. the Bonds. these General Conditions. the Supplementary Conditions. the Plans. Specifications and the Drawings as the same are more specitically idenritied in the Agreement. Certificates of Insurance. Notice of Award. and Change Order duly deli\.ered after execution of Contract. together with all amendments. modifications and supplements issued pursuant to paragraphs 3.-J. and 3.5 or after the E ffecti ve Date of the .-\greement. ( 'on/roct Price-The moneys payable by O\VNER to CO:-:TRA CTOR under the C~)Iltract Documents as stated in the Agreement (subject to the pro\'isions of paragraph 11,9.1 in the case of Unit Price Work). ('OJ7{mCf Time-The number of days (computed as jJro\'ided in paragraph 17.;") ur the date st~Hed in the Agreement for the completion of the Work. CONTR.-JCTOR-The person. firm or corporation \\'ith \\'hom OW~ER has entered into the Agreement. ('OUVTJ'-Richmond County. Georgia. or Augusta. Georgia. politic::li subdivisions of the State of Georgia. the Augusta-Richmond County Commission. and its authorized designees. agents. or employees. f)ay-Either a working day or calendar day as specitied in the bid documents. II' ~l c~llenclar d~IY shall fall on a legal holiday that day \vill be omitted from the computJtion. Leg~li Ilolidays: Nc\\' Ycar's Day. :vlartin Luther King Day. Memorial Day. -+th of July. Labor D~1Y. \.ctcr~lI1s f)~lY. Thanksgiving Day and the 1'011\)\\ ing Friday. and Christmas Day. f)ejectil'e-An adjective which when modifYing the \\'ord \\"ork refers l~) \\.lH'k lh~lt is unsatisfactory. 1'~llIltv or ddicient. or does not conform to the Contract Docull1ents. nr docs not ll1eet the GC-::: I I I I I I I I I I I I I I I I I I I .. requirements of any inspection, reference standard, test or approval referred to in the Contract Documents. or h3s been damaged prior to PROFESSIONAL's recommendation of tinal payment. unless responsibility for the protection thereof has been assumed bv OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drawing.\'- The dr~1\vings which show the character and scope of the Work to be performed and which have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents. E/kcrin' DOle II/the .-lg,.eelllcl1l- The date indicated in the Agreement on which i r becomes eftecrive. but if no such dare is indicated it means the date on which the Agreement is signed by the iVI~lyor of rhe Augusta. Georgia. Field O,.der-A written order issued by PROFESSIONAL that modi ties Dra\vings and Specifications. but which does not involve a change in the Contract Price or the Contract Time. (;enerul Re(!uirclllcl7ls-Sections of Division I of the Specitications. LCfHI.\' ond Regulations: Lows or Regulations-Laws. rules. regulations. ordinances. codes and/or mders. .Votin' 1I(./1mr(/- The written notice by OWNER to the apparent successful biciLlcr stating that upon compliance hy the apparent successful bidder with the conditions precedent enumerated therein, within the time speci lied. OWNER will sign and deliver the Agreement. Yilt ice III !'l'IIcecc!-!\ written notice given by OWNER to CONTRACTOR (with a cnpy to PROFESSIONAL) fixing the date on vvhich the Contract Time will commence to run and on which CONTR. \CT()R sl1<l11 st~lrr to perfl1rl1l CONTRACTOR'S obligations under the Contract Documents. ()WNER- .'\ugUSt<I. Georgia. and the Augusta-Richmond County Commission. GC-3 I I I I I I I I I I I I I I I I I I I . Partial Clilizaliol1-Placing a portion of the Work in service for the purpose for which it is intended for a related purpose) before reaching Substantial Completion for all the \Vork. Prolessio17ul- The ArchitecturalfEngineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services tar the Work. Pmjeel-The toral construction ohvhich the Work to be provided under the Contract Documents may he the whole. or a part as indicated elsewhere in the Contract Documents. ('mjeel .-1 reo- The area \vithin \vhich are the specitied Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. PmjeCl .\/o17(/ger-The professional in charge. serving COUNTY \vith architectural or engineering services. his successor. or any other person or persons. employed by said COUNTY, ['or the purpose ot' directing or ha\.ing in charge the \Vork embraced in this Contract. Residen/ Pmjeel Represel?/u/il'e- The authorized representative of PROFESS rON A L who is assigned to the site or any part thereof. Shop Dmll'ings-A II drawi ngs. diagrams. illustrations. schedules and other data wh ich are speci tically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, hrochures, st<lndard scheduks, pert(mllanCe charts. instructions, diagrams and other information prepared hy a S uppl i er and su hm i tted by CONTRACTO R to illustrate material or eq ui pment j.() I' some portion of the Work. .\fJ('c(jieLlI if J/7s-Those portions L) frhe Contract Documents consisti ng 0" \vri tten tec hn ical desc ri ptions ol'materials. equipment. crlnstruction systems, standards and \\orkmanship as applied to the Work and certain administrative details applicable thereto. GC-4 I I I I I I I I I I I I I I I I I I I ... Subcontractor-An individual. firm or corporation having a direct contract with CONTRACTOR or \vith any other SUBCONTRACTOR for the performance of a parr of rhe Work ~lt the site, SuhsfUi1Iiul Comple/iol1-The Work (or a specified part thereof) has progressed rn rhe point \\'here. in the opinion of PROFESSIONAL as evidenced by PROFESSIOi\:\L's delini(i\'e certiticate of Substantial Completion. it is sufficiently complete. in accordance \virh rhe Contr~lct Documents. so that the Work (or specitied part) can be used for the purposes fllr \\'hich ir is inll'nded. or ifrhere be no such certiticate issued. when tinal payment is due in accordance \\'ith paragraph 1-1-.13, The renns "subsranrially complete" ancl "substantially completed" as applied to any \\'ork rder to Suhstantial Completion thereof .\'upplel77el1/m:l' ('ol1di/iol1s- The parr of the Contract Documents \vhich amends l)J" supplemenrs these General Cond i tions, Supp/ier-/-\ manuti:1cturer. bbricator. supplier. distributor. materialman or \'enc!or, C'nderg/'!J/1/1d Fuci Ii/ies-A II pi pelines. conduits. ducts. cables. \\'i res. man ho Ies, \~llIlts. tan ks. tunnels or other such ti:1ci I i ties or attachments. and any encasement containing such faci I i ties \vhich have been installed underground to furnish any of the following services or materials. electricity. gases. steam. I iquid petroleum products. telephone or other communications. cable tele\'ision. se\\'age and drJinage remOVJI. trJtric or other control systems or water, G'l7i/ Price IF(i/'k- \Vork to be paid for on the basis of unit prices, I /i( wk- The enti re com pleted construction or the various separate I y idem i tiabk parts thereof req u ired to be furnished under the Contract Documents, Work is the result of performing services. furnishing labor and furnishing and i ncorporati ng materials and eq ui pment into the construct i on. and furn ishi ng documents. all as required by the Contract Documents. GC-5 I I I I I I I I I I I I I I I I I I I .. Work Direcrh'e ('jwnge-A wri tten directive to CONTRACTOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROFESSIONAL. ordering an addition. deletion or revision in the Work, or responding to dit1ering or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4,2 or 4,3 or to emergencies under paragraph 6,2:2, A Work Directive Change may not change the Contract Price or the Contract Time. but is evidence that the parties expect that the change directed or documented by a Work Directi\'e Change will be incorporated in a subsequently issued Change Order follpwing negotiations hy the parries as to its effect. ifany. on the Contract Price or Contract Time as provided in Artick 10, IFrillel7 Amendment-A written amendment of the Contract Docllments. signed by OWNER and CONTRACTOR on or after the EtTective Date of the Agreement and normallv dealing with the non- - . - . engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents, GC-6 I I I I I I I I I I I I I I I I I I I .j ARTICLE 2-PRELIMINARY MATTERS De/ive/:v of Rom/s: ~,I, When CONTRACTOR delivers the executed A,greements to O\V~ER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRA,CTOR may he required to furnish in accordance with these Contract Documents, Copies (~lDoclll11el/ts: 2,~, After the award of the Contract. OWNER shall furnish CONTR.-\CTOR.;}t no cost. one (1) complete set of the Contract Documents for execution of the work, Additional sets of the project manual and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY upon CONTRACTOR's request and at CONTR,L\CTOR's expense. which will be OvVNER's standard charges for priming and reproduction, Commel/cemel/t (~l COl/tract Time, Notice to Proceed: 2,], The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the Effecti\'e Dak of the Contract. Startil/g tI,e Project: ':,-t, C()~TR,.\CT()R shall begin the Work on the date the Contract Time commences, No Work sh~t11 be done prior to the elate on \vhich the Contract Time commences, :\I1~' Work performed hy CONTRACTOR prior to date on which Contract Time commences shall he at the sole risk of CONTRACTOR, GC-7 I I I I I I I I I I I I I I I I I I I ~ Before Startillg COllstruetion: 2,), Before undertaking each pm1 of the Work. CONTRACTOR shall carefully study and compare the Contract Documents and check and verify perrinel1l tigures sho\\'n thereon and all applicable tield measurements, CONTRACTOR shall promptly report in \\'Titing to PROFESSIONAL any contlict. error. ambiguity. or discrepancy \vhich CONTRACTOR may discover and shall obtain a written interpretation or claritication from PROFESSIONAL hdore proceeding with any Work affected thereby, CONTRACTOR shall be liable!l) OWNER for I~lilure to report any conilict. effort. ambiguity or discrepancy in the Cnnlract Documents. if CONTRACTOR knew or reasonably should have known thereof 2,6, Within ten days after the Effective Date of the Agreement unless otherwise speci lied in the General Requirements). CONTRACTOR shall submit to PROFESSIONt\L AND PROJECT ivIANr\(jER for review: 2,6,1. an estimated progress schedule indicating the starting ~lI1d completion dates of the various stages of the Work: 2,6,:2. a preliminary schedule of Shop Drawing and Sample submissions: and 2'()'], ~l preliminary schedule of values for all of the Work \\'hich will include quantities Jnd prices of items aggregating the Contract Price and will subdivide the \Vork into component parts in sullicienl detailtu :-.el'\'c as the basis for progress payments dming constructinn, Such prices will inc Imk an appropriate amount of overhead and pro tit applicable to each item of \Vork which will be contirmed in \vTiting by CUNTRACTOR at the time of submission, 2,7, Before any Work ~1l the site is started. CONTRACTOR shall deliver to OWNER. with copies to each additional insured identified in the Supplementary Conditions. an original policy or cerritied copies of each insurance policy (and other evidence of insurJnce \\'hich COUNT'{ may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article ), GC-8 I I I I I I I I I I I I I I I I I I I ... Pre-construction Conference: l.8, Before any Work at the site is started. a conference attended by CONTRACTOR. Project \/fanager. Professional and others as appropriate will be held to establish a working understanding ~1mong the parries as to the Work Jnd to discuss the schedules referred to in 2,6. procedures for handling Shop Dra\\ings and other submittals. processing applications I()!" payment and maintaining required records, Finalizing Schedules: 2,9, At least ten days before submission of the tirst Application for Payment a conference ~lttended by CONTRACTOR. PROFESSIONAL and Project iVIJnager and others as appropriatewill he held to tinalize the schedules submitted in accordance with paragraph 2,6, CONTRACTOR shall have an additional ten ( 10) calendar days to make cOITections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to Project Manager and PROFESSIONAL as provided below, The tinalized progress schedule wi II be acceptable to Project [..'lanager and PROFESS I ON AL as providing an orderly progression of the Work to completion within any specitied f'vlilestones and the Contract Time. but such acceptance will neither impose onPROFESSIONAL responsibility forrhe sequencing. scheduling or progress of the Work nor interfere with or relieve CONTRACTOR tl'om full responsi bi I i ty therefor. The ti nal ized schedule of Shop Drawing submissions and Sample subm issions will be acceptable to PROFESSIONAL as providing a workJble arrangement for reviewing and processing the suhmissions, CONTRACTOR's schedule of valuL's shall be approved by PROFESSIO:\,-\L as to form and suhstance, CONTRACTOR. in addition to preparing an initially acceptable schedule. shall be responsible I()r m~lintaining the schedule. including updating schedule, Schedule updatesshall include progression of work as compared to scheduled progress on work, Schedule updates shall accompnny each pay request. GC-9 I I I I I I I I I I I I I I I I I I I -# ARTICLE 3-CONTRACT DOCC;\,IE~TS: Ii'lTE:\lT, AMENDIl\G, RECSE Intent: ':;,1, The Contract Documents compnse the entlre agreement bel\\cen OWNER and CONTRACTOR concerning the Work, The Contract Documents mC' C()mplenlenl~lry: what is called for by one is as binding as ii' called for by all. The Contract Documents \\'ill he construed in accordance wi th the Ia\V 0 f the State 0 f Georgia, 3,:2, [t is the intent of the Contract Documents to describe a functionally complete Prnjec.t (or part thereat) to be constructed in accordance with the Contract DocumeIlls, !\ny Work. materials or equipment that may reasonably be infelTed from the Contract D(1cumenrs or from prc\'~liling custom or trade usage as being required to produce the intended rC'sult \\'ill be supplied \vhether or not speci I'ically called tor. \Vhen words or phrases \\'hich ha\'e a \\ell-knl)\\'n tec h n ical or construction industry or trade meaning arc used to describe Work. mJterials or equipment. such words shall be interpreted in accordance with that meaning, .:;,.:;, Except as othel"\\'ise speciticaIly stated in the COlllrJct Documents or as may be prlwided by amendment or supplement thereto issued by one of the methods indicated in ':;,6 or 3,7. the provisions of the Contract Documents shall take precedence in resolving ~lIlY conl1 ict. error. ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard. specitication. manual. code or instruction (\\'hethcT or not speciliGllly incorporated hy reference in the Con tract Documents land the pro\'isions 0 f any suc h LI\\'s llr Rl'g ul ations appl ication to the performance of the Work (unless such an interpretatipn pi' the pro\'isil1ns of the Cpntract Documents would result in violation of such Law or Regulatil)nl. C1ari tications ~lIld interprclLItions of the Contract Documents shall be issued by PROFESSIO:\,-\L as IJI'O\'ided in paragraph 9.-t, GC-IO I I I I I I I I I I I I I I I I I I I -l 3.4, Reference to standards. specifications. manuals or codes of any technical society. oru:anization or association. or to the Laws or Regulations of anv u:overnmental authoritv. whether ~ ~ - ~ - such reference be specitic or by implication. shall mean the latest standard. specilication. manual. code or Lmvs or Regulations in etfect at the time of opening of Bids (or. on the Efkctive Date of the .-\greement if there \\'ere no Bids). except as may be othenvise specilically stared in the Colltract Documents, J,), If. during the performance of the Work, CONTRACTOR discO\-eI"s ~IIlY contlicl. error. ~lI11biguity or discrepancy within the Contract Documents or between the Contr~lct Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard. specilication. manual or code or of any instruction of any Supplier referred to in 6,7. CONTRACTOR shall so report to PROFESSIONAL in writing at once and before proceeding \\'ith the Work atTected thereby shall obtain a written interpretation or claritication from PROFESSIONAL: however. CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any contlict. error ambiguity or discrepancy in the Contract Documellts unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: ~,(), The Contract Documents may be' amended to provide for additions, deletions and re\'isions in the Work or to modify the terms and conditions thereofin one or more of the following wavs: 3,(LI, a 11)1"111 a I Writtcn/\mendment. },6,:2, a Change Order (pursuant to paragraph 10.3). or J,6,3, a \-\fork DireCli\"e Change (pursuant to par~lgraph 11),-1-), GC-II I I I I I I I I I I I I I I I I I I I ... As indicated in paragraphs 11,2 and 12.1. Contract Price and Contract Time may only be changed by a Chan:;e Order or a Written Amendment. ],7, In addition, the requirements of the Contract Documents may be supplemented. and minor \'ariations and deviations in the Work may be authorized. in one or more of the follo\ving ways: ],7,1, a Field Order (pursuant to paragraph 9,5), :',7,2, PROFESSIONAL's approval of a Shop Dr~l\ving or sample (pursuant to paragraphs (),24 and 6,26). or 3,7,3. PROFESSIONAL's \vritten interpretation or certitication (pursuant to paragraph 9.4), Reuse (~lrl()clll11el1ls: :"S, Neithel' CONTR:\CTOR nor any Subconrractor or Supplier or other person or organization performing 01' I'urnishing any of the Work uncler a direct or indirect contract with O\VNER shall have or acquire any ti tie to or o\vnership rights in any of the Drawi ngs. Speci tications or other documents (or copies oil any thereat) prepared by or bearing the seal 01' PROFESSIONAL or PROFESSIONAL's consultant: and they shall not reuse such Drawings. Speci I~cations or other documents (or copies of any thereot) on extensions of the Project or any other project without written consent o1'OWNER and PROFESSIONAL and specitic \\Tilten veriticalion or adaptation by PROFESS IOi\:\L. GC-12 I I I I I I I I I I I I I I I I I I I .1 ARTICLE 4-A V AILABILITY OF LANDS, PHYSICAL CONDITIONS; REFERENCE POINTS ,..:j vailahili~l' (~l [a/lds: -1-.1, OWNER shall furnish as indicated in the Contract Documents. the lands upon which the \\lork is to be performed. rights-of-way and easements for access thereto. and such ,1ther lands which are designated for the use of CONTRACTOR, Necessary easements or rights-of-\vJY will be obtained and expenses will be borne by OWNER, TfCONTR:\CTOR and O\\'\!ER are ulwhle to agree on entitlement to or the amount or extent of any adjustments in the ('t1l1tract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands. rights-of-\vay or easements. the CONTRACTOR may make a claim therefor as IJro\ickd in Articles II and I~, The CONTR.-\CTOR shall provide for all additional lands and access thereto that may be required for temporary construction bcilities or storage of materials Jnd equipment. Physical CO/lditio/ls: 4,:2,\, Explorarions (lml Reports: Reference is made to the Supplementary Conditions for identitication of those reports of explorations and tests of subsurface conditiolls at or contiguous to the site that have been utilized in preparing the Contract Documents. and those dr:l\Vings of physical conditions in or relating to -::--:isting surface or subsurface structures at or cOlltiguous to the site (e,\cept l'mlcrgruund Facilities) that have been utilized in prepJring the Contr~lCt Documents, -1-.:2,2, CONTRACTOR may rely upon the general accuracy ot"rhe "tecl1nic:d clata" contained in such reporrs and drawings, Such "technical data" is identi lied in the Supplementary Conditions. [xcept for such reliance on such "technical data." CONTRACTOR m~IY 11l1l l'l'!y upon or lllakc any cl~lim ag~linst O\V:-JER. PROFESSIONAL. or an) of PROFESSIO'\', \ 1.\ ('(lnsultants \\'ith rcspect to: GC-13 I I' I I I I I I I I I I I I I I I I I ... 4.2,2.1, the completeness of such reports and drawings for CONTRACTOR's purposes. including. but not limited to. any aspects of the means. methods. techniques. sequences and procedures of construction to be employed by CONTRACTOR and safety precllItions and programs incident thereto. or -1-.2.2,2, other dam. interpretations. opinions and information contained in such reports or shovm or indicatecl in such drawings. or -J.,2,2,,), any CONT~r\CTOR interpretation of arc one Ius ion drawn from any "technical daw" or any such data. interpretations. opinions or information, 4,2,3. I f conditions are encountered, excluding existing utilities. at the site which ~Ire (1) subsurtilee or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature. which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities nfthe character provided for in the Contract Documents. then CONTRACTOR shall give CO UNTY notice the reo f prom pt! y before conditions are disturbed and in no even t later than 4~ hours after tirst obsen'~lnce of the conditions. 4,2,4, The Project ivlanager and PROFESSIONAL shall promptly investigate such conditions. and. i fthey di tIer materially and cause an increase or decrease in CONTRACTO R 's cost of. or limc rcquired lor. pertormance of any part of the Work. the Project Manager and PROFESS I ON i\ L shall recommend an equitable adjustment in the Contract Price or Contract Time. (lI' hoth, I I"the Project i\'lanagcr and PROFESSIONAL determines that the conditions at the Site are not materi~llly different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justitied. the PROFESSIONAL shall notit)' CONTRACTOR of the determination in writing, The Work shall be pertormcd atter direction is provided by the PROFESSIONAL, GC-14 I I I I I I I I I I I I I I I I I I I ... Physical Conditions-Underground Facilities: ..L~,l, Sho\\n or lndicnted: The infomlation and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to O\VNER or PROFESSlON:\L hy O\\'\iERS ol'such Underground Facilities or bv others. Unless it is otherwise expressly provided in the Supplementary Conditions: ..L~,l,l, OWNER and PROFESSI01\.-i..L shall not he responsible 1\)1' the accur~lCV or completeness of any such information or da.ta.: and -+,3,1,2, The cost of all of the follo\\'ing \\'ill be' included in the Contract Price ~lI1d CONTRACTOR shall have full responsibility for re\'ie\\'ing and checking all such information and data. j'(lr locating all Underground Facilities ShO\\"Jl or indicated in the Contract Documents, for coordination ot' the Work with the OVv'NERS of such l;nderground Facilities during construction, ror the safety and protection thereofas provided in pa.ragraph 6,20 and repairing ~1I1Y damage thereto resulting from the Work. the cost orall of\\'hich \\'ill be considered as ha\'ing been included in the Contract Price. 4,3,2. Not Shown or Il1dicC//ed. If an l'nderground Facility is uncovered or revealed at or contiguous to the site \,vhich was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. CONTRACTOR shall. promptly after becoming aware thereof and before performing any Work affected thereby except in an emergency as perm i tted by paragraph 6,22). identi fy the O\\'I1er 0 f suc h U nclerground f aci I i ty and give written notice thcrcofto that owner and to 0\\ :-':ER and PROFES~I()\:"\L. PROFESSI< )NAL will promptly review the Underground Facility to determine' 111;: e.\tcnt to \\hich the Cllntract Documents should be modified to ret1ect and document the consequences Ill' the e.\istence of the Underground Facility. and tlK' Contract Documents will be amended or supplemented to the extent necessary, During such time. CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6,20, CO\iTR:-\CTOR shall be allo\\'l::d an increase in the Contract Price or an extension of the Contract Time. or both. to the extent that they GC -15 I I I I I I I I I I I I I I I I I I I .. are attributable to the existence of any Underground Facility that \\'(1S not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably haw been expected to be a\vare of. [fthe parties are unable to agree as to the amount or length thereoL cO\iTRACTOR may make a claim therefor as pro\'ided in Articles II and 12, Reference Points: .+,-L 0 W\TE R shall provide Engineering surveys to eSI~lhl i sh I'e fcr..:-nc,-' 1'0 i nts fllr cons[ ruct ion which in PROFESSIONAL's.iudgment are necessary to enable CO~TR,-\CTOR tn proceed with the Work. CONTRA.CTOR shall be responsible for laying out the Work (unless ntherwise speci lied in the General Requirements). shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER, CONTRACTOR shall report to PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be responsihle I'i)r the accurate replacement or relocation of such reference points by professionally qualitied personnel. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: .+,=, COL ~TY shall be responsible for any Asbestos. PCBs. Petroleum. Hazardous \V~lste or Radioacti\e :vbterial unco\'ered or revealed at the site which was not 5ho\vn or indicakd in Drawings or Specitications or identi lied in the Contract Documents tn he \\ithin thl:' sc()!,e Ill' thc Work and \vhich may present a substantial danger to persons or propert~' exposed theretn in connection \\'ith the Work at the site, COUNT'{ shall not be responsible for any such materials brought to the site by CONTRACTOR. Subcontractor. Suppliers or anyone else for \\'hom CONTRACTOR is responsible. ,+,() CONTRACTOR shall immediately: (i) stop all \\'ork in connection \\'ith sLlch hazardous condition and in any area affected thereby (except in an emergency as requircd by 6,21). and (ii) GC-16 I I I I I I I I I I I I I I I I I I I .. notify OWNER and PROFESSIONAL (and thereaftercontirnl such notice in writing), OWNER shall promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take cOlTective action. ifany. CONTRACTOR shall not be required to resume Work in connection \\'ith such hazardous condition or in any such affected area until after OWNER has obtained any required permits related theretn ~lI1d delivered to CONTRACTOR special written notice (i) specifying thm such condition and any affected area is or has been rendered sat~ for the resumption of Work. or (ii) specitYing ~lIlY special conditions under which such Work may be resumed safely, If OWNER and CONTR,~\CTOR CLlIlnot agree as to entitlement to or the amount or extent of an adjustment. if any. in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRJ.\CTOR to be resumed. either party may make a claim therefor as prmided in Arricles II and 12, ,.f,7 r ~'after receipt of such special written notice. CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe. or does not agree to resume such Work LInder such special conditions. then CONTRACTOR may order such portion o~. the Work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work, If COUNTY and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment. ifany. in Contract Price or Contract Times as a result of deleting such portion of the Work. then either party may mJke a claim therefor as pro\'ided in Articles II and 12, COUNTY may have such deleted portion of the Work performed by COLTNT'{' s 0\\'11 forces or others in accordance with Article g, 4,7,1 The provisions of4,2 and4.3 are not intended to Jpply to :\sbestos. PCBs. Petroleum. l-bzardollS Waste or Radioactive Material unco\'ered or re\'ealed at the site, GC -17 'I I I I I I I I I I I I I I I I I I I . ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5,1, CONTRACTOR shall furnish perfomlance and payment Bonds. ~~lch in an amount at least equal to the Contract Price as Security for the bithful performance ~lI1d payment of all CONTRACTOR's obligarions under the Contract Documents, These 130nds sl1~111 remain in effect at least until one year atter the date when tinal payment becomes due. e\cept as other\vise provided hy Law or Regulation or by the Contract Documents, COl\TR.-\CTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. ,\11 Bonds shall be in the forms prescribed by Law or Reputation or by the Contract Documents and be e\ecuted by such sureties as are named in the current list of "Companies Holding Certiticates of.-\uthority as Acceptable Sureties on Federal Bonds. and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U,S, Treasury Department. ,-\11 Bonds signed hy an Jgent must be accompanied by a certitied copy of the authority to act. Licensed Sureties and Insurers; Certificates of Insurance ),2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies Ii)!" the limits and coverages so req 1I ired, f\ II hl1nds si gned by an agent must he accomlxlIl ied hy ~l certi tied copy of authority to JCl. Such surety ~lI1d insurance companies 511011 also meet such additional requirements and qualitications as may be provided in the SupplementJry Conditions. 5,2.2. CONTRACTOR shall deliver to o W:..: ER. \\'ith copies to each additional insured ilkntilicd in 5,3. an uriginal Dr a certitied copy of the complete insurance policy lor each policy required. ct'rtijic~ltes of insurance (and other evidence of insurance requested by OWNER or any GC - 18 I I I I I I I I I I I I I I I I I I I .. other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with 5,::;, ' 5,1.::;, fr the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within live days thereafter substitute another Bond and Surety. both ot'\vhich must be acceptable to OWNER, CONTRACTOR's Liability Insurance: ),3, CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance ~lS is appropriate for the Work being performed and furnished and as \vill provide protection from cl~lims set forth below which may arise oU[ of or result from CONTRACTOR's performance and furnishing of the \Vork and CONTRACTOR's other obi igations under the Contract Documents. whether it is to be pertormed or furnished by CONTRACTOR. by any Subcontractor. by anyone directly or indirectly employed by any of them to perform or furnish any of the Work. or by anyone tor whose acts any of them may be liable: ) ,.:; ,I, Claims under workers' or workmen's compensmion, disabi I i ty bendi ts and other similar employee henclit acts: 5,':; ,2, C lai ms lor damages because ofbodi ly jnj ury. occupational sickness or cI isease. or death of CONTRACTOR's employees: 5,':; ,.), C \ai ms tl)r damages because 0 fbodi ly i nj ury. sick ness or disease. or dl';llh 0 fany person other than CONTRACTOR's employees: GC-19 I I I I I I I I I I I I I I I I I I I .. ),3.4, Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an otfense directly or indirectly related to the employment of such person by CONTRACTOR. or (b) by any other person for any other reason: ),],), Claims for damages. other than to the Work itself. because ofin.iury to or destruction of tangible property wherever located. including loss of use resulting theretl'om: 5,~.6, Claims arising out of operation of Laws or Regulations flir dam~lges because 01' bodily injury or death of ~lIlY person or !'Clr damage to property: ancl 5,3.7, Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership. maintenance or use of any motor vehicle, The insurance required by this paragraph ),3 shall include the specitic coverages and be written for not less thJn the limits of liability Jnd coverages provided in the Supplementary Conditions. or required by la\\'. whichever is greater. The comprehensive general liability insurance shall include completed operations insurance, All of the policies of insurance so required to be purchased and maintai nedlot the certi ticates or other evidence thereat) shall contain a provision or endorsemen t that the co\'erage afforded will not be canceled, materially changed or renewal refused until at least thirty dJYs' prior \\'I'itten notice has been given to OWNER. PROGRAM MANAGER. and PRO FESS I ONA L hy certi lied mai I, All such insurance shall remain in effect unti II'inal payment and ;It ;111 times lhere~ll"rer when CONTRf.\CTOR may be correcting. reml1\'ing or replacing ddective WorK in ;lCcorclancc \\ith paragraph 13.12, In addition. CONTRACTOR shall maintain such completed o[1lTations insurance for at least two years after linal payment and furnish OWNER with evidence of continuation of such insurance at tinal payment and one \'ealthereafter. COlltractual Liabili~)lII1Sllrallce: 5,4, The cOll1prehensi\'e gelll:ralliability insurance required by pmagraph ),J will include contractualliabil ity insurance applicable to CONTRACTOR's obi igations under paragraphs 6,32 and 6,33, GC-20 :1 I I I I I I I I I I I I I I I I I I -# Owner's Liability Insurance: ),), O\VNER shall be responsible for purchasing and maintaining OWNER's own liability insurance. and/or Risk Retention Program. and. at OWNER's option. may purchase and maintain such insurance as \vill protect OWNER against claims which may arise from operations under the Contract Documents, Proper~Jllnsurance: ),6, Unless otherwise provided in the Supplementary Conditions. O\VNER shelll purchase ~lI1d maintain property insurance upon the Work at the site to the full insurable value thereof(subject to such deductible amounts JS may be provided in the Supplementary Conditions or required hy Laws and Regulations), This insurance shall include the interests of OWNER. CONTRACTOR. Subcontractors. PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work. all ot'\vhom shall be listed as insureds or additional insured parties. shall insure against the perils of tire and extended coverage and shall include "all risk" insurance for physical loss and damage i nc ludi ng thett. vandal ism and malicious mischiet~ collapse and \\ater damage, and sllch other perils as may be provided in the Supplementary Conditions. and shall include damages. losses and expenses arising our ufor resulting from any insured loss or incurred in the repair or replacement of any insured property (incl uding but not limited to fees and charges of PROFESS I ON f\ Ls. architects. attorneys and other PROFESS I ONALs), I f not covered under the "all risk" i nsur:lIlce or otherwise provided in the Supplementary Conditions. CONTRACTOR shall purchase and maintain similar property insllrance on portions of the Work stored on and off the site or in transit when such portions of the Work arc to be included in an Application for Payment. ),7,0 WN ER shall purchase and maintain such boiler and machinery insurance or adcli tional property insurance as may be required by the Supplementary Conditions or Laws and Regulations GC-2 I I I I I I I I I I I I I I I I I I I I ... which wiIl include the interests of OWNER, CONTRACTOR. Subcontractors. PROFESSIONAL AND PROFESSIONAL's consultants in the Work, all of whom shall be I isted as insured or additional insured parties, ),8, All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs ),6 and ),7 \vill contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or rene\val refused until at least thirty days prior written notice has been given [0 CONTRACTOR by certitied mail and will contain waiver provisions in accordance with paragraph of ),11,], ), t), 0 WN ER shall not be responsible for purchasing andmaintaini ng any property insurance to protect the Interests of CONTRACTOR. Subcontractors or others in the \Vnrk to the e.'\tent of any deductible amounts that are provided in the Supplementary Conditions, The risk of loss within the deducti ble ::tmount. wi II be borne by CONTRACTO R. Subcontractor or others sufferi ng any such loss and ifany of them wishes property insurance coverage within the limits of such amounts. each may purchase ::tnclmaintain it at the purchaser's own expense, ),10, If CONTRi-\.CTOR requests in writing that other special insurance be included in the property i nsur:mce po I icy. 0 WNE R shall. if possi ble. incl ude such insurance. and the cost thereo f wi II he charged to CONTRA.CTOR by appropriate Change Order or Written Amendment. Prior to com- mencement of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or not slIch other insurance has been procured by OWNER, Waiver (?( Rights: ),11,1, OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs ),6 and ),7 and other property insurance ::tpplicable to the Work. and also waive all such rights against the Subcontractors. PROFESSIONAL PROFESSIONAL's consultants and all other parties named as insureds in such policies for losses and damages so caused, :\s required by paragraph GC-2:2 I I I I I I I I I I I I I I I I I I I ... 6,11. each subcontract between CONTRACTOR and a Subcontrilctor \vill contain similar waiver provisions by the Subcontractor in favor of OWNER. CONTR.'-\.CTOR. PROFESSIONAL. PROF- ESSIONAL's consultants and all other parties named as insureds, None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds 0 f insurance held by O\VNER as trustee or otherwise payable under any policy so issued, 5,1 1.:2, O\VNER and CONTRACTOR intend that policies pro\'ided in response to paragrilphs 5.6 and 5,7 shall protect all of the parties insured and pro\'ide primary coverage 1<11" all losses and damages caused by the peri Is covered thereby, Accord i ngl:. all such po I ic ies sha II cllntai n provisions to the effect that in the event of payment of any k~ss or damage the insurer will h~1\'t~ no rights of recovery against any of the parties named as insureds additioml insureds. and if the insurers require separate waiver forms to be signed by PROFESSIO:'\,-\L or PROFESSIONAL's consultant OWNER will obtain the same. and if such wai\'er forms are required of tiny Subcontractor. CONTRACTOR \vill obtain the same, Receipt and Application of Proceeds: 5.1:2, Any insured loss under the policies of insurance required by paragraphs 5,6 and 5,7 wi II he adjusted with 0 'vVNER and made payable to O\VNER as trustee for the insureds. as their interests may appear. subject to the requirements of any applicable mortgage clause and of paragraph 5,13, OWNER shall deposit in a separate account any money so recei\"ed. ~lI1d shall distribute it in accordance with such agreement as the parties in interestnwy reach, Il'no 1.1thel' special agreement is reached the damaged Work shall be repaired or repLlCt'cl. the monL'YS so received applied on accollnt thereof and the Work and the cost thereof CO\'(Ted hy an aJ1l)r(1pri~He Change Order or W ri tten i\ mendment. GC-23 I I I I I I I I I I I I I I I I I I I ... Receipt al1d Applicatiol1 of Il1surance Proceeds 5.1], OWNER as trustee shall have power to adjust and setlle any loss \\'ith the insurers unless one of the parties in interest shall object in writing \\'ithin tifteen days after the occurrence of loss to OW'NER's exercise of this power. ffsuch objection be made. OWNER as trustee shall make settlement with the insurers ill accordance with such agreement as the parties in interest may reach, lfrequired in willing by ~lI1Y p~lrty in interest. OWNER as trustee shall. uponlhc' occurrence nfan insured loss. gi\'e hand for the proper performance of such duties, Acceptal1ce of Il1sural1ce: 5,14, I f OWNER hJS any objection to the cO\'erage afforded by or other provisions 01' the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5,3 and 5.4 on the basis of its not complying with the Contract Documents. OWN ER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certiticates to O\VNER in accordance with paragraph 2.7, ffCONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by O'vVNER in accordance with paragraphs 5,6 and 5.7 on the basis of their not complying with the Contract Documents. CONTRACTO R shall notify 0 W); ER ill \\Titi Il),! thc'reoh\'i th i Il tell days of the date ofdeli\'lT:. o/'such certi licates to CONTRf~CTOR in accnrdance \\'ith p~lragr~lph "}., 7, OWNER ~lIlcl CONTRACTOR shall each provide to the other such additinl1~1i il1fnrm~llion in respect nf insurance III"O\'ided by e~lch as the other may reasonably request. F;lilmc hy OWNFR nr CONTRACTOR to give any such notice of objection within the time 1II"00'ided shall constitute acceptance of such insurance purchased by the other as complying \\"ith the Clll1lr~lct Documents. GC -24 I I I I I I I I I I I I I I I I I I I .. Partial Utilizatiol1-Property Insurance: ),15. If OWNER tinds it necessary to occupy or use a pOl1ion or portions of the Work prior to Substantial Completion of all the Work. such use or occupancy may be accomplished in accordance with paragraph 1-+,10: provided that no such use or occupancy shall commence before the insurers providing the property insurance have ackno\vledgecl notice thereof and in writing effected the changes in coverage necessitated thereby, The insurers providing the property insurance shall consent by endorsement on the policy or policies. but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy, Il1de/1111 ificatiol1 5, J 6,), CONTRACTOR shall indemnitY and hold harmless COl:NTY. PROGRAM MANAGER. and its employees and agents from and against all liabilities. claims. suits. demands. damages. losses. and expenses. including attorneys' fees. arising out of or resulting from the performance of its Work. provided that any such liability. claim. suit. demand. damage. loss, or expense (a) is attributable to bodily injury. sickness. disease or death. or injury to or destruction of tangible properry. including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission ofCONTRA.CTOR. any Subcontractor. anyone di rectly or indirectly employed by and of them. or anyone for whose acts any of them may be liable. \vhether or not it is caused in whole or in part by the negligence or other fault of a party inclemnitied hereunder, ),16,]', In any and all claims against COUNTY or any of its agents l)r employees hy any employee nfCONTR:\CTOR. any SUBCONTRACTOR. anyone directly or indirectly employed by any ofthcm. or anyone for whose acts any of them may be liable. the i ndemni j'ication obi igation under the previous paragraph shall not be limited in any way as to the amount or type of damages. compensatioll or bendits payahle by or for CONTRACTOR or any Sl JI3CONTRACTOR under workmen's compensation acts. disability benetit acts. or other employee bendit acts, GC -25 I I I I I I I I I I I I I I I I I I I ... ),16,:;, CONTRACTOR shall indemnify and hold harmless COUNTY ;:lI1d anyone directly or indirectly ~mployed by it from and against all claims. suits. demands. damages. losses expenses (including attorney's fees) arising out of any infringement or pate11l or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. ( GC-26 I I I I I I I I I I I I I I I I I I I .. ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES (),J, CONTRA..CTOR shall supervise and direct the Work competently and etIiciently. devoting such arrention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRi-\CTOR shall be solely responsible 1'l..lr the means. methods. techn iq ues. sequences and procedures 0 f construction. bu t CONTRA. CTO R shall not be responsible for the negligence of others in the design or specitication ofa specific means. method. technique. sequence or procedure of construction which is shown or indic<1ted in and expressly required by the Contract Documents, CONTRACTOR shall be responsible to see that the linished Work complies accurately \vith the Contract Documents, 6,2, CONTRACTOR shall keep on the Work at all times during its progress j competent resident superintendent. \vho shall not be replaced without \:vhiten notice to OWNER ;1I1d PROFESSrONAL except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have <1uthority to act on behalf of CON- TRACTOR, All communications to the superintendent shall be as binding as if given to CONTRACTOR, Labor. .\Iaterials alld Equipment: (l..J, CONTRACTOR shall provide competent. suitably qualitied personnel to survey 0nd lay out the Work and perform construction as required by the Contract Documents, CONTRACTOR shJl1 at all times maintain good discipline and order at the site, Except in connection with the safety or protection of persons or the Work or property at the site or ad,iJcent thereto. and except as othenvise indicated in the Contract Documents. all Work at the site shall be performed during regular working hours. and CONTRACTOR will not permit evening work or the pert()J"Jllance of \Vork on Saturday. Sunday or any legal holid<1Y without OWNER's written consent given after prior written notice to PROFESSIONAL. GC-27 I I I I I I I I I I I I I I I I I I I .. 6A. Unless otherwise specitied in the General Requirements. CONTRACTOR shall furnish and assume full responsibility for all materials. equipment. labor. transportation. construction equipment and machinery. tools. appliances. fueL power. light. heat. telephone. water. sanitary facilities. temporary faci Ii ties and all other facilities and incidentals whether temporary or permanent necessary for the execution. testing. initial operation. and completion of the Work ~1S required by the Contract Documents, 6,:5, .-\11 materials and equipment shall be of good quality and new. e:\cept as otherwise provided m the Contract Documents,lfrequired by PROFESSIONAL. CONTRACTOR shall furnish satisfactory e\'idence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied. installed. connected. erected. used. cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no provision of any such instructions will be effective to assign to PROFESSIONAL. or any of PROFESSIONAL's consultants. agents or employees. any duty or authority to super\'ise or direct the furnishing or performance ofthe Work or any duty or authority to unclertJke responsibility contrary to the provisions of paragraph 9,14 or 9,15, ,,Lldjustillg Progress Selledule: 6,6, CONTRACTOR shall submit to PROFESSIONAL forucceptance to the extent indicated In paragraph 2,9) ad.iustments in the progress schedule to retkct the impact thereon of new deve lopments: these wi II con form generally to the progress schedu Ie then in effect and add i tionall y will comply \\'ith any provisions of the General Requirements applicahle thl'I\:t\), Suhstitutes or "Or-Equal" Items: (),7,1, Whenever materials or equipment are specified or described in the Contract Documents hy using the name of a proprietary item or the name of a particular Suppl ier the naming of the item is intended to estJblish the type. function and quality required. Unless the name is Illllowed by words indicating thM no substitution is permitted. materials or equipment of other Suppliers may be GC-28 I I I I I I I I I I I I I I I I I I I ... accepted by PROFESSIONAL if sufficient information is submitted by CONTR1-\CTOR to allow PROFESSIONAL to detemline that the material or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment wi II not be accepted by PROFESSIONAL from anyone other than CONTR,-\CTOR, If CONTRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make wri- tten application to PROFESSIONAL for acceptance thereof. certifying that the proposed substitute will perform adequately the functions and achieve the results ccdled for by the general design. be si m i IJr and 0 f equal substance to that specified and be sui ted to the same use ~lS that spec i lied, The application wi II state that the eval uation and acceptance of the proposed substi tute wi II not prej udice CONTRACTOR's achievement of Substantial Completion on time. whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty, All \'ariarions of the proposed substitute from that specitied will be identified in the application and a\'ailable maintenance. repair and replacement service will be indicated. The application will Jlso contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute. including costs of redesign and claims of other contractors atfected by the resulting change. all of which shall be considered hy PROFESSIONAL In evaluating the proposed suhstitute. PROFESSIONAL may require CONTRi\CTOR to furnish at CONTRACTOR's expense additional data ahout the proposed substitute, (),7,2, I fa specitic means. method, technique. sequence or procedure 01' construction is indicated in or required by the Contract Documents. CONTRl,\CTOR m~l:: i'urnish or utilize a substitute means. method. sequence, technique or procedure ot' construction accepulhle to PRUFESSIONAL. if CONTRACTOR submits sutIicient informJtion to .1110\\' PROFESSIONAL to determ i ne that the substi tute proposed is equivalent to that i nel iCCltcd l)r reg u ired hy the Contract Documents, The procedure 1'01' review by PROFESSIONAL will be similar to that provided in GC-29 I I I I I I I I I I I I I I I I I I I ... paragraph 6,7,] as applied by PROFESSIONAL and as may be supplemented in the General Requirements, 6,7,3, PROFESSIONAL will be allowed a reasonable time within \vhich to evaluate each proposed substitute. PROFESSIONAL will be the sole judge ofacceptability and no substitute will be ordered. installed or utilized \vithout PROFESSIONAL's prior wTitten acceptance which will be e\'idellCed by either a Change Order or an approved Shop Drawing, OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute, PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby, Whether or not PROFESSIONAL accepts a proposed substitute. CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute, Concerning Subcontractors. Suppliers and Others: 6,8,1. CONTRACTOR shall not employ any Subcontractor. Supplier or other person or organization (including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6,8,:2). whether initially or as a substitute. against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform anv or' the Work against whom CONTR/\CTOR has reasonable objection. (),X,.2, II' the Supplementary Conditions require the identity of cert;]in SubcontrJctors. Suppliers or other persons or organizations including those who are to ,'urnish the principal items of materials and equi pment: to be submitted to OWNER in advance of the speci tiecl date prior to the IJTectiw Date of the Agreement for acceptance by OWNER and PROFESSIONAL and if CONTR!\CTOR has submitted a list thereof in accordance with the Supplementary Conditions. OW:'-J ER's or PROFESSIONAL's acceptance (either in writing or by tailing to make written ol~iection GC-30 I I I I I I I I I I I I I I I I I I I ... thereto by the date indicated tor acceptance or objection In the bidding documents or the Contract Documents: of any such Subcontractor. Supplier or other person or organization so identitied may be re\'oked on the basis of reasonable objection after Jue In\'estigation. in which case CONTRA.CTOR shall submit an acceptable substitute. the Contract Price \\'ill be increased by the di tference .n the cost occasioned by such substitution and an appropriate Change Order wi II be issued or Written Amendment signed. No acceptance by O\\"):ER or PROFESSIONAL of any such Subcontractor. S uppl ier or other person or organization shall consti rute a \\'~l i \\~r 0 t' any ri ght 0 f OWNER or PROFESSTONAL to reject defectiw \\'ork, 6,9, CONTR/..\CTOR shall be fully responsible to O\\''\ER and PROFESSIONAL tor all acts and omissions of the Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract \\'ith CONTRACTOR ,just as CONTRACTOR is responsible tor CONTR..-\CTOR's \,.I\\'n acts and omissions, Nothing in the Cuntract Documents shaI I create any contractual relationship bet\\een U \\\! E R Ul' P ROFESSI ONAL ~lI1d any such Subcontractor. Supplier or other person \.1r l)r~~lI1iZalil)!1. nul' sh~lll it create any obligation on the parr. of OWNER or PROFESSIO'\.-\L tl) pa:-' 11r lP see to the payment of ~lI1Y moneys clue any such Subcontractor. Supplier or other person l)r l1rganlz~Hlon except as may otherwise be required by Laws and Regulations, (),IO, The divisions and sections of the Specitications and the identitiGHions of any Dr~l\vings shall not control CONTRACTOR in dividing the \\'ork am()ng Subcontractors or Suppliers or delinealing lhe WorK to be performed by any specific trade, h,ll, :\11 Work pel'formed for CONTRACTOR by a SUQconrractor will be pursuant to an appropriate agreement between CONTRACTOR and the SuhconrrJctor which speci tically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benelit of OWNER and PROFESSIONAL and contains \vaiver pro\'isions as required hy paragraph ),11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account nf losses under policies issued pursuanr to p~lragraphs 5.6 and ),7, GC-3l I I I I I I I I I I I I I I I I I I I -# Patent Fees ami Royalties: 6,12. CONTRACTOR shall pay all license fees and royalties and aSSLlIl1\:.' all costs incident to the use in the performance of the Work or the incorporation in the Wnrk of~lIl)' in\'ention. design. process. product or device which is the subject of patent rights or copyrights held by others, CONTRACTOR Shall indemnity and hold harmless O\V0iER and PROFESSIONAL and ~lI1yone directly or indirectly employed by either of them from and against all claims. damages. losses and expenses including attorneys' fees and court and arbitration costs arising OLlt ufany infringement of patent rights or copyrights incident to the use in the performance ur rl1\:.' \\'urk \)r resulting from the incorporation in the Work of any invention. design. process. product (Ir c1e\'ice nor specified in the Contract Documents. and shall defend all such claims in connection \\ith any ~llleged infringement of such rights, Permits: 6,1], CONTRACTOR shall obtain and pay tor all constructIon permits. licenses. governmental charges and inspection fees. and all public utilit)' charges \\'hich are applicable and necessary tor the execution of the Work. All permit costs shall be included in rhe b~lse bid, Permits. if any that me provided and paid for by OWNER are listed in the Supplementar)' Conditions, Any delays associated with the permitting process will be considered for time e:\tensions only ~lIld no damages or additional compensation tor delay will be allowed. Laws al1d Regulatiol1s: (),I-L I, CONTRACTOR shall give all notices and compl) \\'ith all LI\\'S ~lIld Regulations applicJble to furnishing and pertormance of the Work. Except \\'here llrhcn\'ise e:\prcssly required by applicable Laws and Regulations. neither o \V"N ER nor PROFESS 10:'\ .-\ L sh~lIl he responsi ble tor monitoring CONTRACTOR's compliance with any Laws or Regulations, 6,14,.2, I f CONTRACTOR observes that any of the Contract Documents are contradictory to such laws. rules. and regulations. it will notify the Project \/bnagl'l' promptly in writing, Anv OC-32 I I I I I I I I I I I I I I I I I I I .. necessary changes shall then be adjusted by an appropriate Change Order. I f CONTRACTOR performs any WorK that it kno\vs or should have known to be contrary to such laws. ordinances. rules. and regulations and \vithout such notice to the Project rk1l1ager. it shall be~1r all related costs, Taxes: 6,15, CONTRACTOR shall pay all sales. consumer. use ane! other similar taxes required to be paid by CONTRACTOR in accordance \vith the Lmvs and Regulations ot"the place of the Project which are ~lpplicable during the pert\)J"mance of the Work, Use of Premises: 6,16, CONTRACTOR shall contine construction equipment. the storage of materials and equipment and the operations ot. worKers to the Project site and bnd and are~lS identiliecl in and permitted by the Contract Documents and other land and areas permitted by L1WS and Regulations. rights-or-way. perm its and easements, CONTR.l.\CTOR shall not unreasonably encumber the premises with construction equipment or other materials or equipment, Any loss or damage to CONT~A..CTOR's or any Subcontractor's equipment is solely at the risk of CONTRACTOR, CONTRACTOR shall assume full responsibility for any damage to any such land or area. or to the owner or occupant thereofor ofany land or areas contiguous thereto. resulting from the performance of the WorK, Should any claim be made against OWNER or PROFESSIONAL by any such o\vner nr occupant because of the performance of the \Vork. CONTRACTOR shall promptly attempt to settle \\'ith such other party hy agreement or otherwise resnh'e the cl~lim h:-- arhitration or at law, CONTR!\CTOR shall to the fullest extent permitted by Laws and Regulations. indemnit"y and hold O\VNER harmless from ami against all claims. damages. losses and expenses (including. but not limited to. fees of PROFESSIONALs. architects. attorneys ami other prokssionals and court and ~Irbitration costs) arising directly. indirectly or consequentially out of any ~lCtion. legal or equitable. hrought hy any such other party agJinst O\\'\1ER to the extent hased on a cl~lim arising out of CONTRACTOR's performance of the WorK. GC-33 I I I I I I I I I I I I I I I I I I I .. 6,17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations ofwaste materials. rubbish and other debris or contaminates resul ting from the \Vork. At the completion of the \Vork CONTRACTOR shall remove all waste materials. rubbish and debris ti'om and about the premises as \Veil as all tools. appliances. construction equipment and machinery. and surplus materials. and shall leave the site clean and ready for occupancy hy UWNER, CON- TRACTOR shall restore to nriginal condition all property not designated ,'or alteration Iw the Contract Documenrs, 6,18, cO\iTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that \\ill endanger the structure. nor shall CONTRACTOR subject any p~1Il nfthe Work or adjacent property to stresses or pressures that will endanger them, Record Docul1Iellts: 6,19, Contractor shall keep at the site and in good order one record copy of the Contract Documenrs and all Drawings and Specifications, These documents shall be annotated on a continuing basis to sho\v all changes made during the construction process, These shall be avai lable to PROFESSIONAL and the Project l'vlanager and shall be submitted \Vith the Application for Final Pavment. SlIfeZF {flld Protectioll: (l.~O, C00JTRACTOR shall be responsible for initiating. mainraining and supervising all safety precautions and programs in connection \\'ith the Work, CONTR:\CT( m sl1~dl assume all risk or'loss !(Ir swred equipment or materials. irrespecti\'e of \\hether COI\;TR,\CT()R has lransi"erred the title of the stored equipment or materials to OWNER, CO\TR:\CTOR sh~dl take all necessary precautions for the safety of. and shnJI provide the necessary protection to prevent damage. injury or loss to: 6,.20,1, all employees on the Work and other persons and organizations \\'ho may be affected thereby: GC-34 'I I I I I I I I I I I I I I I I I I I .. 6.20,2. all the Work and materials and equipment to be incorporated therein. whether in storage on or otf the site: and 6.20,], other property at the site or adjacent thereto. including trees. shrubs. lawns. \valks. pavements. roadways. structures. utilities and Underground Facilities not designated for removal. relocation or replacement in the course of constmction. CONTRACTOR shall comply \vith all applicable Laws and Regulations of any public body having jurisdiction tor the safety ofpersol1s or property or to protect them from damage. injury or loss: and shall erect and maintain all necessary safeguards for such safety and protection, CONTRACTOR shall notify OWNERS of adjacent properry and of Cnderground Facilities Llndutility OWNERS when prosecution of the Work may affect them. and shall cooperate \\'ith them in the protection. removal. relocation and replacement of their property, .-\11 damage. injury or loss to any property referred to in paragraph 6,20,2 or 6,2(),':; caused. directly or indirectly. in \\'hole or in part. by CONTRACTOR. any SubcontrJctor. Supplier or any other person or organization directly or indirectly employed by any of them to perfollll or furnish allY the Work or anyone tor \vhose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the 1'~lldt of Drawings or Specitications or to the acts or omissions ofO\VNER or PROFESSIONAL or anyone employed by either of them or anyone tor whose acts either of them may be liable. and not attributable. di rectly or indirectly. in whole or in part. to the fault or negligence of CONTRACTOR ), CONTRACTOR's duties Jnd responsibilities tor the safety and protection of the Work shall continue until such time as all the \Vork is completed and PROFESSION.-\L has issued a notice to OW'NER and CONTRACTOR in accordance. with paragraph j..L13 that the Work is acceptable (except as othenvise expressly provided In connection \\ith Substantial Cnmpktion), 6,21. CONTRACTOR shall designate a responsible member oi'its org~lIlization whuse duty shall be the prevention of accidents at the site. This person shall be CONTRACTOR' s superintendent unless otherwise designated in writing by CONTRACTOR to the Project Manager. GC-35 I I I I I I I I I I I I I I I I I I I .. Emergellcies: 6,22. In emergencies atTecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR, without special instruction or authorization from PROFESSIONAL or OWNER. is obligated to act to prevent threatened damage. injury or loss. , CONTRACTOR shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that an)' signiticant changes in the Work or variations from the Contract Documents have been caused thereby, I f PROFESSIONAL determines that a change In the Contrnct Documents is required because of the nction mken in response to an emergency. a Work Directive Change or Change Order be issued to document the conseq uences 0 l' the changes or variations, 6,.2:2,1, CONTRACTOR shnll immediately notify PROFESSIONAL ofall events involving personal injuries to any person on the Site. whether or not such person \Vas engaged in the construction of the Project. and shall tile a written report on such person(s) and any other event resulting in property damage of any amount within five (5) days of the occurrence, 6,:22,:2, If PROFESSIONAL determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency. a Change Order will be issued to document the consequences of such action, SllOp Drfllvillgs and Samples: (),2J, After checking and veri tYing all tield measurements. CONTRACTOR shall promptly submit to PROFESSIONAL for approval. in accordance with the accepted schedule of submittals. all submittals and samples required by the Contract Documents, All submittals and samples shall have been checked by and stnmped with the approval of CONTRACTOR ~lI1d identitied as PROFESSIONAL may require, The data shown on or with the submittals will be complete with respect to dimensions. design criteria. materials and any other information necessary to enable PROFESSIONAL to review the submittal as required, At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL ofall deviations that the submittal or sample may ha\'(~ from the req u i remen (S 0 r the Contract Documents. GC-36 I I I I I I I I I I I I I I I I I I I .. 6,24, PROFESSIONAL shall review and approve submittals and samples. Professional's revie\v and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents, The approval ofa,separate item as such will not indicate approval of the assembly in which the item tlll1ctions. CONTRACTOR will make any corrections required by PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and County that CONTRACTOR has determined and veri tied all quantities. dimensions. tield construction criteria. materials. catalog numbers. and similar data. and that each submittal or sample has been reviewed or cnordinated with the req ui rements 0 f the Work and the Contract Documents, 6,24,], No Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each ~lppro\'ed sample shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and County staff Any delays associated with the submittal process will be considered for time extensions only. and no damages or additional compens~ltion for delay will be allowed. 6,25,], Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veritied JII quantities. dimensions. specitied performance criteria. installation requirements. materials. catalog numbers and similar data \vith respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents, 6,25,2, :\tthe time of each submission, CONTRACTOR shall give PROFESSIONAL specitic written notice ot'each \'ariation that the Shop Draw'ings or s~lmples may h~I\'e '"l"Om the requirements of the Contract Documents. and. in addition. shall cause a specitic notation to he made on each Shop Drawing submitted to PROFESSIONAL for review and approval of e~lch such variation. 6,26, PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and samples. but PROFESSIONAL's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract GC-37 I I I I I I I I I I I I I I I I I I I ... Documents and shall not extend to means, methods, techniques. sequences or procedures of construction (except where a specific means, method. technique. sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto, The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions, (',27, \10 Work requiring a submittal or sample submission shall commence until the submission has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be aVJilable to PROFESSIONAL and Project Managery staff. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed, 6,28, PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR l'i'om responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called PROFESSIONAL's attention to each such variation at the time of submission and the Project Manager has giVen written approval to the specific deviation: any such approval by PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the submittals, (1.29, Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by PROFESSIONAL JS required. any related work per/(1I"IllCd prior to Proressional"s review and approval nfthe pertinent sllhl1litl~d will he at the sole expense and responsibility of Contractor. Continuing tlte Work: 6,3(), CONTRACTOR shall carryon the Work and adhere to thc prpgrcss schedule during all disputes or disagreements with OWNER, No Work shall be delayed or postponed pending resolution of ~lIlY disputes or disagreements, except as permitted hy paragraph 15,(' or as ('()NTR,"\CTOR ~lI1d OWi\L1Z Illay otherwise agree in \-vilting, GC-38 I I I I I I I I I I I I I I I I I I I '* Cleaning Up: 6,31. CONTRACTOR shall maintain the site free from accumulations of waste materials. rubbish. Jnd other debris or contaminates resulting from the work on a dai ly basis or as requi red, At the completion of the work. CONTRACTOR shall remove all waste materials. rubbish. and debris t1'om the site as well as all tools. construction equipment and machinery. and surplus materials and \\illlea\'e the Site clean and ready for occupancy by OW"NER, All disposal shall be in accordance with applicable laws and regulations, In addition to any other rights available to OWNER under the Contract Documents. CONTRACTOR's failure to maintain the site may result in withholding of any ~lmounts due CONTRACTOR, CONTRACTOR will restore to original condition those portions of the site not designated for alteration by the Contract Documents. Inde/1111 (fica/ion: 6,32, To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnit), and hold harmless OWNER and PROFESSIONAL and their consult~lI1ts. agents and employees from and against all claims. damages. losses and expenses. direct. indirect or consequential (including but not limited to fees and charges of PROFESSIONALs. architects. attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting t'rom the performance of the \Vurk. provided that any such claim, damage, loss or expense (a)is attributable to bodily inj ury. sickness. disease or death. or to injury to or destruction of tangible property (other than the Work itself) including the loss ot' use resulting therefrom and (b) is caused in \vhole or in pan by any negl igent act or om ission of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any 0 t'them may be I iable. regardless of whether or not it is caused in part by J pariy indemnitied hereunder or arises by or is imposed by Law and Regulations regardless of the negl igence of any such party, (),33, In any and all claims Jgainst OWNER or PROFESSIONAL or any of their consultants. agents or employees by an:' employee of CONTRACTOR, any Subcontractor, any person or GC-39 I I I I I I I I I I I I I I I I I I I ... organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for \vhose acts any of them may be liable, the indemnification obligation under paragraph 6,32 shall not be limited in any \vay by any limitation on the Jmount or type: of damages. compensation or bene tits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts. disability bendit acts or other employee benetit acts. 6,34, The obligations of CONTRACTOR under paragraph 6,32 SllLllI not extend to the liability of PROFESSIONAL. PROFESSIONAL's consultants. agents or employees ~lrising out of the preparation or approval of maps. drawings. opinions. reports. sUI"\'eys. Ch~lIlge Orckrs. designs or specitications, GC-40 I I I I I I I I I I I I I I I I I I I -I ARTICLE 7---0THER WORK Related Work at Site: 7,1, OWNER may perform other work related to the Project at the site by OWNER's own forces. have other work performed by ailed OWNERS or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other worK is to be performed was not noted in the Contract Documents, written notice thereoh\ill be gi\'en to CONTRACTOR prior to starting any such other work: and. if CONTRACTOR belie\'es that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are ulwble to agree as to the extent thereof. CONTRACTOR may make J claim therefor as provided in Articles 11 and ]2, 7,1,2, CONTRACTOR shall afford each utility o\vner and other contractor who is a party to such a direct contract for OWNER. if OWNER is performing the additional \mrk with OWNER's employees)proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such worK. and shall properly connect and coordinate the Work with theirs, CONTRACTOR shall do all cutting. titting and patching of the Work that may be required to make its several pans come together properly and integrate with such other work, CONTRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work \\'ith the written consent of PROFESSIONAL and the others whose work will be affected, The duties and responsibilities of CONTRACTO R under this paragraph are for the benetit of such uti I ity l1\\'I1el"S ~lIld other contractors to the extent that there are comparable provisions for the hendit or' CO.\!TR:\CTOR in said direct contracts between OWNER and such utility owners and other contractors, 7,2. Ifany part of CONTRACTOR's Work depends for proper e:\ecmion or results upon the \York of any such other contractor or utility owner (or 0\\.:-\ E R). CONTR:\ ern R slwl\ inspect and promptly report to PROFESSIONAL in \vriting any delays. defects or ddicicncies in such work that render it unavailable or unsuitable for slIch proper execution and results, CONTRACTOR's t~lilure GC-4l I I I I I I I I I I I I I I I I I I I .. so to repott will constitute an acceptance of the other work as tit and proper tor integration with CONTRi\CTOR's Work except for latent or nonapparent defects and deticiencies in the other work. Coordinatio/1 : 7.4. If OWNER contracts \vith others for the pertormance of other \vork on the Project at the site. the person or organization who will have authority and responsi bi I ity lor coordination of the activities among the various prime contractors will be identitied in the Supplementary Conditions. and the speci tic matters to be covered by such authority and responsibil ity wi II be itemized. and the extent of such authority and responsibilities will be provided. in the Supplementary Conditions, Unless otherwise provided in the Supplementary Conditions. neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination, GC-42 I I I I I I I I I I I I I I I I I I I .. ARTICLE 8---0WNER'S RESPONSIBILITIES 8,1. Except as otherwise provided in these General Conditions. COUNTY shall issue all communications to CONTRACTOR through the Project Manager or PROFESSIONAL. 8.~, /n case of termination of the employment of PROFESSIONAL. OWNER shall appoint a PROFESSIONAL against whom CONTR...\CTOR makes no reasonable ob.iection. whose status under the Contract Documents shall be that of the former PROFESSION..\L, Any dispute in connection \vith such appointment shall be subject to arbitration, 8,3, OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs I..L4 and 14,13, 8,4, OWN ER's duties in respect ofpro\'iding lands and easements and providing Engineering surveys to establish reference points are set forth in paragraphs 4,1 Llnd4,4, Paragraph 4,2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by PROFESS/ONAL in preparing the Drawings and Specitications, 8,), OWNER's responsibilities in respect of purchasing and maintaining liabi I i ty and property insurance are set forth in paragraphs 5,) through 5.8, 8,6, OWNER is obligated to execute Change Orders as indicated in paragraph 10,J, 8,7. OWNER's responsi bi I ity in respect of certain inspections. tests and approvals is set forth in paragraph 13.4, GC--J.3 I I I I I I I I I I I I I I I I I I I ~ 8.8. In connection \vith OWNER's right to stop Work or suspend Work. see paragraphs ] ],1 0 and 15.1. Paragraph 15,2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances, GC -44 I I I I I I I I I I I I I I I I I I I .. ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION OWller's Represelltative: 9,1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of aLJthority of PROFESSIONAL as O\VNER's representative during construction are set forrh in the Contract Documents and shall not be extended without written consent of OWNER and PROFESSIONAL. Visits to Site: 9,~, PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of construction to observe the premises and quality of the executed "\fork and to determine, in general. jfthe Work is proceeding in accordance with the ContrJct Documents, PROFESSIONAL will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work, PROFESSIONAL's etforts will be directed toward providing for OWNER a greater degree of cnntidence that the completed Work will conform to the Contract Documents, On the basis of such visits and on-site observations as an experienced and qualitied design PROFES- SIONAL. PROFESSIONAL will Keep OWNER informed 01' the progress of the Work and will endeavor to guard OWNER ~Igainst defects and deficiencies in the \Vork, Project R epreselltatioll: 9.3. I r O\VNER and PROFESSIONAL agree. PROFESSlONAL \vill j'urnish a Resident Project Represenwtive to assist PROFESSIONAL in observing the performance of the WorK. The duties. responsibilities and limitations of authority of any such Resident Project Representative and assistants wi II he as provided in the Supplementary Conditions,J fO WN ER designates another agent GC-45 I I I I I I I I I I I I I I I I I I I .. to represent OWNER at the site who is not PROFESSIONAL's agent or employee. the duties. responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions, Clarifications and Imerpretations: 9,4, PROFESSIONAL shall issue such written claritic:ltions or inrerpretations 01' the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary. or as reasonably requested by CONTRACTOR. which shall be consistent with or reasonably interable from the overall intent of the Contract Documents. If CONTRACTOR belie\'es that a \vritten claritication and interpretation entitles it to an increase in the Contract Price. and/or Contract Time. CONTRACTOR may make a claim as provided for in Articles II or 1:2. Authorized Variations in Work: 9,), PROFESSIONAL may authorize minor variations in the Work b'om the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents, These may be accomplished by a field Order and will be binding on OWNER. and also on CONTRACTOR who shall perform the Work involved promptly, If CONTRACTOR believes that a Field Order.iustities an increase in the Contract Price or an extension of the Contract Time and the parties are unable to ~lgree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Arricle II or 12, Rejecting Defective Work: 9,6, PROFESSIONAL will have authority to disapprove ur reject Work which PROFESSIONAL believes to be detective, and will also have authority to require special inspection GC-46 I I I I I I I I I I I I I I I I I I I ... or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated. installed or completed, . Shop Drawi/lgs. Change Orders ami Payments: 9,7, [n connection \vith PROFESSIONAL's responsibility for Shop Drawings and samples. see paragraphs 6,~3 through 6,29 inclusive, L),g, In connection with PROFESSIONAL's responsibilities as to Change Orders. see Articles 10. II and 12, 9,(), In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment. etc.. see Article 14, Determi/latio/lsfor Unit Prices: 9,10, PROFESSIONAL will determine the actual quantities and classiJications of Unit Price Work performed by CONTRACTOR, PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon \,vi[ I be final and binding upon OWNER and CONTRACTOR. unless. \\'ithin ten days ~llter the date orany such decision, either OWNER or CONTR:\CTOR deli\'ers to the other party to the Agreement and to PROFESSIONAL written notice of intention to appeal from such a dec ision, Decisions on Disputes: 9,11, PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims. disputes and other matters GC-47 I I I I I I I I I I I I I I I I I I I ... relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the pertormance and furnishing of the Work and elaims under Articles II and 12 in respect of changes m the Contract Price or Contract Ti me wi II be re ferred ini tiall y to PROFESSIONAL in writing with a request for a formal decision in accordance with this paragraph. which PROFESSIONAL will render in writing within a reasonable time. Wriltennotice ofeach such claim. dispute and other matter will be delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thin)' days after the occurrence of the event giving rise thereto. and written supporting data will be submitted to PROFESSIONAL ~lI1d the other party within sixty days after such occurrence unless PROFESSION.-\I_ allows ~111 additional period of time to ascertain more accurate data in support of the claim, 9.12, When functioning as interpreter and judge under pamgraphs 9,10 and 9,11. PROFESSIONAL \villnot shO'vv parriality to O\V~ER or CO~TRA.CTOR and will not be liable in connection with allY interpretation or decision rendered in good faith in such capJcity, The rendering of a decision by PROFESSIONAL pursuant to paragraphs 9,10 alld 9,11 with respect to any such claim. dispute or other matter (except any which have been wai\.ed by the making or acceptance of tinal payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Lmvs or Regulations in respect of any such claim. dispute or other matter. Limitatiolls Oil PROFESS/ONAL's Respollsibilities: 9,13, Neither PROFESSIONAL's authority to act under this ,-\nick ()I' elsewhere in the Contract Documents. nor any decision made in good faith to ewrcise such authority shall gi\'e rise to any duty or respollsibility of PROFESSIONAL to CO\:TR.-\CTOR. Jny Suhcontractor. ~lIlV of their agents or employees. 9,\4, PROFESSIONAL shall not be responsible for the construction means. methods. techniques. sequences. or procedures or the safet\' precautions and programs used. GC-.f8 I I I I I I I I I I I I I I I I I I I -+ PROFESSIONAL shall not be responsible for CONTRACTOR's bilure to perform the Work in .1ccordance with the Contract Documents. 9,15, PROFESSIONAL shall not be responsible for the ~Icts or omlSSluns of CONTRACTOR. any Subcontractors. any agents or employees. or any nther perSClIlS performi Ilg allY of the Wark. GC-49 I I I I I I I I I I I I I I I I I I I ... ARTICLE lO--CHANGES IN THE WORK 10,1, Without invalicbting the Contract. OWNER may at any time or h'om time to time order additions. deletions. or revisions in the Work, The Project Manager shall provide CONTRACTOR wjth a proposJI request. identjfying the Work to be added. deleted or revised, Upon receipt. CONTRACTOR shall promptly submit a written proposal for the changed work prepared in accordance with Articles II and 12, If the proposal request calls only 1<11' the deletion of Work. the Project ;\llanager may order the partial suspension of any \Vnrk related to the proposed deletion. in \vhich case CONTRACTOR must cease performance as directed: CONTRACTOR shall not be entitled to claim lost protits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents, 10,2, Additional Work performed by CONTRl-\CTOR without authorization of a Change Order \vill not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time. except in the case of an emergency as pro\'ided in Arricle 7, The effect of this paragrJph shall remain paramount and shall prevail irrespective of any contlicting provisions contained in these Contract Documents, 1 CU, Upon agreement as to changes in the Work to be performed. \Vork performed in an emergency as provided in Article 6. and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price. PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and CONTRACTOR and submitted to OWNE:R Illr approval. lOA, In the absence of an agreement as pro\'ided in 11,1,3. O\VN[R may. at its sole discretion isslle ~I Work Directive Change to CONTR/\CTOR, Pricing 01' the Work Directive Change \\'ill be in accordance with Section 12,1,], The Work Directive Change \\'ill specitY a price. and i fapplicable a time extension. determined to be reasonable by OWNER, I fCONTRACTOR fails to sign sllch \Vork Directive Change. CONTRACTOR may submit a claim in accordance with !\rticles II and 12. but CONTRACTOR shall nevertheless be obligall:dl0 fully perform the work as directed by the Construction Change Directive, GC-50 I I I I I I I I I I I I I I I I I I I .. ] 0.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER. regardless of pending claim actions. unless otherwise agreed to in writing, 10,6. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including. but not limited to. Contract Price or Cnntract Time) is required by the provisions of any Bond to be given to a surety. the giving ofany such notice will he CONTRAC- TOR's responsibility. and the amount of each applicable Bond \vill be ~ldiustecl accordingly, GC-5l I I I I I I I I I I I I I I I I I I I .. ARTICLE ll-CHANGE OF CONTRACT PRICE 11,1. The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to CONTRACTOR for performing the Work, All duties. responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price, 11,2, The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the pany making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days) after the occurrence 01' the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within si\ty days after such OCCUITence (unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct. indirect and consequential) to \vhich the claimant is entitled as aresult of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with paragraph 9,11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved, No claim for an ad,iustment in the Contract Price will be valid ifnot submitted in accordance with this paragraph 11,2, 1 I ,~, The \'~tl ue 0 f ~lIlY 'IV ork covered by a Change Order or oLlIlY clai m ror an adj lIstment in the Contract Price will be determined by the following procedures: 11.3,1, Designated Unit Price (Field Measure) CONTRACTOR and OWNER recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are approximations prepared by OWNER for bid pllrposes and that the actual compensation payable to CONTRACTOR for the utilization of such items is based upon the application of unit GC-52 I I I I I I I I I I I I I I I I I I I .. prices to the actual quantities of items involved as measured in the tield and required to complete the Work as originally detined in the Contract Documents, ] 1,3,2. When it is determined by OWNER that an addition. deletion. or revision to the Work as detined in these Contract Documents is required and affects the quantities required for items designed in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item required to complete the Work ~lS detined in the Contract Documents, 11,3,3. Other Unit Pric~s, For items not designated in the bid proposal as unit prices. OWNER and CONTRACTOR may establish unit prices as Jgreed on by Change Order, ] 1,3.4, Lump Sum, \Vhen it is determined by OWNER that an addition. deletion or IT\'ision to the Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item. the amount of increase or decrease in the lump sum price shall be established by mutual Jgreement of the parties. 1] ,3,), If the pricing methods specifIed in 11.3 are inapplicable. or if the parries are unable to agree on a price for the changed work. a reasonable price for the same shall be established by OW"NER in accordance with 11.4 and 11,5. OWNER shall then process a unilateral Change Order, specit)'ing the said re~lsonablc price. in accordance with 11.4 through 11,6, CONTRACTOR shall perform the \Vnrh: as directed in the Change Order, 11,3,6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to Jcceptable tolerances at no additional costs to OWNER: acceptance at no pay: or acceptance at reducedlinal pay quantity or reduced unit price. all at the discretion of OWNER. Determinations of aggregate monetary change GC-53 I I I I I I I I I I I I I I I I I I I -# for items identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of CONTRA,CTOR's failure to construct to plan or authorized dimensions, Cost of tI,e Work: I ].4, The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as othe!'\\'isc m~1: he Jgreed to in writing by OWNER. such costs shall be in amounts no higher than those pre\'~liling in the locality of the Project. shall include only the following items and shall not include any oj' [he costs itemized in paragraph 11.5: ] IA,], Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classitications agreed upon by OWNER and CONTRACTOR, Payroll costs for employees not employed full time on thc Work shall be apportioned on the basis of their time spent on the Work, Payroll costs shall include. but not be limited to. salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment. excise and payroll taxes, workers' or workmen's compensation. health and retirement benefits. bonuses. sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site, The expenses of performing Work after regular working hours. on Saturday. Sunday or legal holidays. shall be included in the above to the extent authorized by OWNER, 1I,~,:2, l'Llst of all matcrials and equipment furnished and incorporated in the Work. including costs of transportation and storage thereof. and Suppliers' tield sel"\'ict.'s required in connection therewith, All cash discounts shall accrue to CONTRACTOR unless OWNER dcposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to ()W~ER, Trade discounts. rebates and refunds and all returns ti'om sale of surplus materials and cquipment shJll accrue to OWNER. and CONTRACTOR shalll11ake provisions so that they may be obtained, GC-54 I I I I I I I I I I I I I I I I I I I .. IlA..3. Payments made by CONTRACTOR to the Subcontractors for \\lurk performed by Subcontractors, If required by O\VNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to UWNER who then determine. with the advice of PROFESSIONAL, which bids will be accepted, I l' a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee. the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable, II,-L-L Costs of special consultants (including but not limited tll i>ROFESS10I\,~\L's architects. testing laboratories. surveyors, attorneys and accountants) employed for services specitically related to the Work. 11,-+,5, Supplemental costs including the following: 11'-+,5,1. The proportion of necessary transportation. trawl ~lIld suhsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the \Vork, 11.4,5.2, Cost. including transportation and maintenance. of ~lll m~llerials. supplies. equ i pment. machi nery. appl iances. 0 trice and temporary faci I i ties at the site ami h~lnd tools not <l\\'Jled hy the workers. which are consumed in the performance of the Work. and cost less market \':liut' of such items used but not consumed which remain the property of CONTRACTOR, 11.4.5.3, Rentals of all construction equipment and machinery :1I1c1 the pans thereof\\'hether rented from CONTRACTOR or others in accordance with rental agreements approwd by O\\'\:ER with the advice of PROFESSIONAL. and the costs oftransportJtion.loading. unlo~lding. install~ltion. dismantling and removal thereof---all in accordance with terms of said rental agreements. The rental of any such equipment. machinery or parts shall cease when the Lise (hl'reo" is no longer Ilccess~\ry for the Work, GC-55 I I I I I I I I I I I I I I I I I I I ... 11.4.5.4. Sales. consumer. use or similar ta'{es related to the Work. and for which CONTRACTOR is liable. imposed by Laws and Regulations, I 1.4,5,), Deposits lost for causes other than negligence of CONTRACTOR. any Subcontractor or anyone directly or indirectly employed by any of them or for \vhose acts any of them may be liable. and royalty payments and fees for pem1its and licenses, 11.4,),6, Losses and damages (and related expenses). not compensated by insurance or otherwise. to the Work or othenvise sustained by CONTRACTOR in Cllnnection \vith the performance and furnishing of the Work (except losses and damages within the deductible amounts o f property insurance established by 0 WNER in accordance with paragraph 5,6), provided they have resulted ti'om causes other than the negligence of CONTRACTOR. any Subcontractor, or <1I1)'one directly or indirectly employed by any of them or for whose acts any of them may be liable, Such losses shall include settlements made with the written consent and approval or'O\VNER, No such losses. damages and expenses shall be included in the Cost of the \Vork for the purpose of determining CONTRACTOR's Fee, If. however. any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid !()r services a fee proportionate to that stated in paragraph 11.6,2, 11.4,),7, The cost of utilities. fuel and sanitary facilities at the site, II.-L),H, i'vlinorexpenses such as telegrams, long distance telephone calls. telephone stTvice ~lt the site. expressage and similar petty cash items in connection the Work, I I .4,), (J. Cost 0 f prem i ums for additional Bonds and insurance req u i red because of c Iwnges in the Work and prem i ums 0 f property insurance coverage wi thi n the I im i ts 0 fthe deductible amounts established by OWNER in accordance with paragraph 5,6, II,), The term Cost of the Work shall not include any of the following: GC-56 I I I I I I I I I I I I I I I I I I I .. 11,).1. Payroll costs and other compensation of CONTRACTOR's ofticers. executives. principals (of partnership and sole proprietorships). general managers. PROFESS,[ONALs. architects. estimators. attorneys. auditors. accountants. purchasing and contracting ~lgents. expediters. timekeepers. clerks and other personnel employed by CONTRA.CTOR \\'h~ther at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job c1assitications referred to in paragraph 11.4,1 or specifically covered by paragraph 11.4.4--all of which are to be considered administrative costs covered by CONTRACTOR's Fee, 11,),2, Expenses of CONTRACTOR's principal area branch lll'tices other than CONTRACTOR's otIice at the site, II,),J, Any part of CONTRACTOR's capital expenses. including interest on CONTRACTOR'S capital used forthe Change Order Work and charges against CONTRJ.\CTOR for delinquent payments, 11,).4. Cost of premiums for all Bonds and for all insurance \\'hether or nnt CONTRACTOR is required by the Contract Documents to purchase and maintain the same I except for the cost of premiums covered by subparagraph 11.4.5,9 above), 11.5,5, Costs due to the negligence of CONTRACTOR. any Subcontractor. or anyone directly or indirectly. employed by any of them or for whose acts allY () hhel1ll1lay he liable. inc lucling but not limited to. the correction of defective Work. dispos~i1 of Illat\.:riah ()I' L'quipment \'Tongl)' supplied and making good any damage to property, 11,),6, Other overhead or general expense costs of any kine! ~lI1d the costs of any item not specitically and expressly included in paragraph II...L GC-57 I I I I I I I I I I I I I I I I I I I .. CONTRACTOR's Fee: 11,6. CONTRACTOR's Fee allowed to CONTRl\CTOR for overhead and protit shall be determined as follows: 11.6.1, a mutually acceptable tixed fee: or if none can be agreed upon. 11,6,2, a fee based on the following percentages of the \'arious portions or' the Cost 01' the \V 0 rle 11.6,2.1. for costs incurred under paragraphs 11.4,] andllA,2. CONTRACTOR's Fee shall be tifteen percent: 11,6.2,2. for costs incurred underparagraph ll.-U. CO:.iTRACTOR's Fee shall tive percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee. the maximum allO\vable to CONTRACTOR on account of overhead and protit of all SubcontraCTors shall be ti fteen percent: 11.6,:2,], no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4. 11.4,5 and 11,3: 11,6,2.4, the amount o/"creclit to be allowed by CONTRACTOR to O"'''iER for <.Iny such change which results in a net decrease in cost will be the amount pi' the ~lctll~t1nl't decrease plus a deduction in CONTRACTOR's Fee hy an amount equal to ten percent 01' the Ilet decrease: ~lIH.l 11,6.2,), \vhen both additions and credits are invoh'ed in any one ch~lIlge. the adjustment in CONTRACTOR's Fee shall be computed on the basis of the net change ill accordance with paragraphs 11.6,2,1 through 11,6,2,,,1-. inclusive, GC-58 'I I I I 'I I I I I I I I I I I I I I I .. 11.7, For all changes. CONTRACTOR shall submit an itemized cost breakdown, together with supporting data in such detail and form as prescribed by the Project Manager. When a credit is due. the amount of credit to be allowed by CONTRACTOR to OW'NER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project Manager. plus the applicable reduction in overhead and protit, When both additions and credits are involved in any change. the combined overhead and pro tit shall be calculated on the basis of the next change. whether an increase or decrease, In any event. the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price. labor burden. equipment hours and rate for each piece of equipment. material by units of measure and price per unit. other costs specitically itemized. plus the overhead and protit markup. Cash Allowances: II,S, It is understood that CONTRACTOR has included in the Contract Price all allmvances so named in the Contract Documents and shall cause the Work so con~red to be done by such Subcontractors or Suppl iers and for such sums within the Ii mi to': the a IInwances as may be acceptable to PROFESSIONAL. CONTRACTOR agrees that: J 1,8,1, The allowances include the cost to CONTRACTOR (less any applicable trade discounts) 0 f materials and eq ui pment required by the allowances to be del i vered at the si te. and all applicable taxes: and 11 X2, CONTRACTOR's costs for unloading and handling on the sileo labor. installation costs. overhead. proii t and other expenses contemplated tllr the allowances have heen i nc luded in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid, Prior to tinal payment. an appropriate Change Order wi II be issued as recommended by PROFESSIONAL to retlect actlwl amounts due CONTRACTOR on account 01' Work covered by allowances. and the Contract Price shall be correspondingly adjusted, GC-59 I I I I I I I I I I I I I I I I I I I .. Unit Price Work: 11,9.1, Where the Contract Documents provide that all or part of the \Vork is to be Unit Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identitied item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids <"Ind determining an initial Contract Price, Detem1inations of the actual quantities and classitic~ltions of Unit Price Work performed by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10, 11,9,2. Each unit price will be deemed to include an amount considered hy CONTRACTOR to be adequate to cover CONTRACTOR's overhead and protit for each separately idelititiecl item. 11,9,3, Where the quantity of any item of Unit Price Work pertormecl by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CONTRACTOR may make a claim tor an increase in the Contract Price in accordance with Article J 1 if the parties are unable to agree <"IS to the amount of any such incrc~lse, GC -60 I I I I I I I I I I I I I I I I I I I .. ARTICLE 12--CHANGE OF CONTRACT TIME 12,1. The Contract Time may only be changed by a Change Order. Any request tor an extension in the Contract Time shall be made in writing and delivered to PROFESSIONAL and Project ivlanager within seven (7) calendar days of the occurrence tirst happening and resulting in the claim. Written supporting data will be submitted to PROFESSIONAL and Project iVlanager within tifteen (15) calendar days after such occurrence unless the Project Manager ~lllows additional time, All claims submitted by CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons tor and causes of the delay and clearly indicate \vhy the subject delay was beyond CONTRACTOR's control or fault. 12,2, I fCONTRACTOR is delayed at any time in the pertormance, progress. commencement. or completion of the Work by any act or neglect of OWNER or PROFESSIONAL. or by an employee of' either. or by any separate CONTRACTOR employed b:' OWNER. or by changes ordered in the Work. or by labor disputes. fire. unavoidable casualties. utility contlicts which could not have been identified or foreseen by CONTRACTOR using reasonable diligence. or any causes beyond CONTRACTOR's control or fault. then the Contract Time shall be extended by Change Order tor such reasonable time as OWNER may determine, CONTRACTOR shall be entitled to an extension of time for sllch causes only torthe number of days of delay which OWNER may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents, Provided. however, notwithstanding anything in the Contract Documcn ts In the contrary. no interruption. interference. i ne ttic iency. suspension or delay i 11 the performance. progress. commencement or completion of the \Vork Il)r any cause whatsoever. including those fix \vhich O\VNER or PROFESSIONAL may be responsible in whole or in part. shall relieve CONTRACTOR of its duty to pertorm or give rise to any right to tbmages or additional compensation from OWNER, CONTRACTOR's sole and exclusive remedy ~lg~linst OWNER for interruption. interkrence. inefficiency. suspension or delay of any aspect o,'the Work shall be the right to seek an e\tension to the Contract Time in accordance with tht: procedures set forth herein. GC-61 I I I I I I I I I I I I I I I I I I I .. ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: , CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK W{Jrrall~JI alld Guarantee: 1 J,I, CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be new unless otherwise specitied and that all work will be of good quality. performed in a workmanlike manner. ti-ee from f~lLllts or defects. and in accordance \vith the requirements of the Contract Documents and any inspections. tests. or approvals referred to in this Article, All ul1satisti:1ctory Work. all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections. tests, approvals. or all appl iC:1ble bui Iding. construction and safety requirements shall be considered defective, Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective work. whetheror not in place.may'be rejected, corrected. or accepted as provided in this Article, Access to Work: 13,2. For the duration of the Work, PROFESSIONAL and its representatives. other designated representatives of OWNER. and authorized representatives of any regulatory agency shall at all times be given access to the Work, CONTRACTOR shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others, Tests {Im/lllspectiol/s: 13,3, I r the Contract Documents. laws. ordinances. rules. regulations or orders of any public authority having jurisdiction require any Work to specitically he inspected. tested. or approved by someone other than CONTRACTOR. CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore. GC-62 I I I I I I I I I I I I I I I I I I I .. 13.4. The testing firm(s)(ifassigned by OWNER to this Work) and all such inspections. tests, or approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR, All other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per week, For all required inspections. tests. and approvals on any Work prepared. performed. or assembled away from the site. CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection. testing. or appro\'al. All such tests will be in accordance \vith the methods prescribed by the American Society for Testing and ;'vlaterials or such other applicable organizations as may be required by law or the Contract Documents, ~Iaterials or Work in place that fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRACTOR.s expense. 13,), All inspections. tests or approvals other than those required by L1\\'5 or Regulations ofany public body havingjurisdiction shall be perfomled by organizations accept~lble to OV/NER and CONTRACTOR (or by PROFESSIONAL ifso specified), 13,6. If any Work (including the work of others) that is to be inspected. tested or approved is covered without written concurrence of PROFESSIONAL. it must. if requested by PROF- ESS[ONAL. be uncovered for observation, Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not acted with reasonable promptness in response to such notice, 13,7, Neither observations by PROFESSIONAL or Project Manager nor inspections. tests. or approvals hy persons other than CONTRACTOR shall relieve CONTRACTOR of its obi igations to perform the Work in accordance with the requirements of the Contract Dnculllcnts, Uncovering JVork: 13,8, [1' any Work required to be inspected. tested or approved is co\'cred prior thereto without the prior written approval of PROFESSIONAL. or if any Work is covered contrary to the GC-63 I I I I I I I I I I I I I I I I I I I ~ request of PROFESSIONAL, the Work shall, if requested by PROFESSIONAL. be uncovered for observation. inspection. testing or approval and replaced at CONTR.A.CTO R' s expense. ] 3.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by PROFESSIONAL or inspected or tested by others. CONTRACTOR. at PROFESSIONAL's request. shall uncover. expose or otherwise make available for observation. inspection or testing as PROFESSIONAL may require. that portion of the Work in question. ti.lrnishing all necessary labor. material and equipment. If it is found that such Work is defecti\'e. CONTRACTOR shall bear all direct. and consequential costs of such uncovering, exposure. obsel"\'ation. inspection and testing and of satisfactory reconstruction. (including but not limited to fees and charges of PROFESSIONALs. architects. attorneys and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. may make a claim therefor as provided in Article II, It: however. such Work is not found to be detective. CONTRACTOR shall be allowed an increase in the Contract Price. or an extension of the Contract Time. or both. directly attributable to such uncovering, exposure. observation. inspection. testing and reconstruction: and. if the parries are unable to agree as to the amount or extent thereat CONTRACTOR may make a claim therefor as provided in Articles II and 12, OWf1er IV/ay Stop tlte Work: 13,( 0, When Work is defective or when CONTRACTOR fails 10 supply sufticient skilled workmen or suitahle materials or equipment. or make prompt payments to Subcontractors for lahor. materials. or equipment. or i fCONTRACTOR violates any pro\'isions of these Contract Documents. OWNER may order CONTRACTOR to stop the Work until the cause for sllch order h8S been eliminated. However. this right of OWNER to stop the Work shall not gi\'e rise to any duty on the part of OWNER to exercise this right for the benetit of CONTRACTOR or any other parry, CONTRACTOR shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph, GC-64 I I I I I I I I I I I I I I I I I I I ... Correction or Removal of Defective Work: )3,)), When directed by PROFESSIONAL. CONTRACTOR shall promptly. \vithout cost to OWNER and as specified by PROFESSIONAL. either correct the defective Work whether fabricated. installed. or completed. or remove it from the site and replace it \vith 1l01l defectj ve Work, If CONTRACTOR does not correct such defective Work or remove and replace such detective Work within a reasonable time. all as specitied in a wriuen notice ti'om PROFESSIONAL. OWNER may have the deficiency corrected, All direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted ti'om payment to CONTR..-\CTOR, CONTRACTOR \,vill also bear the expense of correcting or removing and replacing all \Vork of others destroyed or damaged by the correction. removal. or replacement of the defective \Vork. GC -65 I I I I I I I I I I I I I I I I I I I .. One Year Correctioll Period: 13,12. If. after approval oftinal payment and prior to the expiration ofon~ year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. any \Vnrk or materials are found to be defective. incomplete. or otherwise not in accordance with the Contract Documents. CONTRACTOR shall promptly. withoutcostto O\VNER and in accordance with OWNER's written instructions. either correct such defective Work. or ifit has been rejected by 0 WN ER. remove it ti'om the Site clI1d replace it with non-defective Work, If CONTRACTOR does not promptly comply' with the terms of such instructions. OWNER may have the defecti\'e Work corrected. removed. or replaced. All direct. indirect and conseq uential costs of such remo\'al and replacemen t (incl ud i ng but not limited to fees and charges of engineers. architects. attorneys and other PROFESSIONALs) will be paid by CONTRACTOR, Acceptance (?/Defective Work: 13,13, If. instead of requiring correction or removal and replacement of defective Work. OWNER (and. prior to PROFESSIONAL's recommendation of tinal payment. also PROFESSIONAL) prefers to accept it, OWNER may do so, CONTRACTOR shall bear all direct. indirect and consequential costs attributable to OWNER's evaluation ofand determination to Jccept such defective Work (such costs to be approved by PROFESSIONAL JS to reasonableness and to include but not be limited to fees and charges of PROFESSIONALs. architects. attorneys and other PROFESSION A Ls), I fany such acceptance occurs prior to PROFESSIONAL's recommendation of /'inal payment. a Change Order will be issued incorporating the necessary re\'isions in the Contract Documents with respect to the Work Jnd O\VNER shall be entitled to an appropriate decrease ill the Contract Price. and. if the panics are unable to agree as to the amoullt thereof. OWNER may make a claim therefor as provided in Article 11, If the acceptJllce occlIrs after such recommendation. In appropriate amount will he paid by CONTRACTOR to OWNER, GC-66 I I I I I I I I I I I I I I I I I I I .. OWNER lV/OY Correct Defective Work: 13,14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in accordance with paragraph 13,11. or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents. or if CON- TRACTOR falls to comply with any other provision of the Contract Documents. OWNER may. after seven days' written notice to CONTRACTOR. correct and remedy any such ddiciency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. to the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site. take possession of all or part of the Work. and suspend CONTRACTOR's services related thereto. take possession of CONTRACTOR's tools. appliances. construction equipment and machinery at the site and incorporate in the Work all materials and equipi11ent stored at the site or for which OWNER has paid CONTRACTOR but \vhich are stored elsewhere, CONTRACTO R shall allow 0 WNE R. 0 WNER's representatives. agents and em ployees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph, All direct. indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by PROFESSIONAL. and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereoC O\VNER may make a claim therefor as provided in Article II, Such direct. indirect and consequential costs \vill include hut not he limited to fees and charges of PROFESSIONALs. architects. attorneys and other PROFESS! ON A Ls. all court costs and all costs of repair and replacement of work of others destroyed or cbmaged by correction. removal or replacement of CONTRACTOR's clefective Work, CONTRACTOR shall not be allowed an extension of the Contract Time because ofany delay in per- lormance of the Work attributable to the exercise by OWNER of OWN ER's rights and remedies hereunder, GC-67 I I I I I I I I I I I I I I I I I I I .. Neglected Work by CONTRACTOR 13,15, If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents. including any requirements of the progress schedule. PROFESSIONAL may direct CONTRACTOR to submit a recovery plan and take specitic corrective actions including. but not I imited to. employing additional workmen. and/or equipment. and ,vorking extended hours and additional days. all at no cost to OW"NER in order to put the Work back on schedule, If CONTRACTOR fails to correct the deticiency or take appropriate corrective action. OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion nfWork and have the Work done by others, The cost of completion under such procedure shall be charged against CONTRACTOR, A Change Order shall be issued incorporating the necessary revisions in the Contract Documents. including an appropriate reduction in the Contract Price, I fthe payments due CONTRACTOR are not sufticient to cover such amount. CONTRACTOR shall pay the difference to OWNER, 13,16, Should CONTRACTO R work overtime. weekends or hol idays to regain the schedule, all costs to OW"NER of associated inspection. construction management and resident PROFESSIONALs shall be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order. GC-68 I I I I I I I I I I I I I I I I I I I -# ARTICLE 14-PA YMENTS TO CONTRACTOR AND COMPLETION Schedllle (?( Vallles: I-L I, The schedule of values established as provided in 2.9 wi II serve as the basis for progress payments and will be incorporated into a form of application for Payment acceptable to Project i'vlanager, Progress paymenrs on account of Unit Price Work will be based on the number of units completed. Applicatio1l for pf'()gress Payme1lt: 1..1-.2, At least twenry (20) calendar days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application for Payment tilled outund signed by CONTRACTOR covering the work completed as of the dare of the application and accompanied by such supporting documentation as is required by the Contract Documents, If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing. the Application for Payment shall also be accompanied by a bill of sale. invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate propen:" insurance and other arrangements to protect OWNER' s interest therein. all of which wi II he satisbctory to O\VNER, Payment is subject to a ten percent (I OIX)) retainage that will be held until the Ilnal payment or acceptance by OWNER. The amount of retain age with respect to progress p~lyments will he ~IS stipulated in the Agreement. GC-69 I I I I I I I I I I I I I I I I I I I .. CONTRACTOR's Warranty of Tit/e: I-U, CONTRACTOR warrants and guarantees that title to all Work. materials and equipment covered by any Application for Payment. whether incorporated in the Project or not. will pass to OWNER no later than the time of payment free and clear of all Liens, Review (~/Applicatiol1s for Progress Payment: 1"+.4, PROFESSIONAL will. within ten (10) calendar days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the application to OW'NER. or return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the application, OWNER shall. within thirty-one calendar days of pres em at ion to him of the application for payment with PROFESSIONAL's recommendation of the amount for payment. pay CONTRACTOR amount recommended. 14,5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will constitute a representation by PROFESSIONAL to OWNER. based on PROF- ESSIONAL's on-site observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROFESSIONAL's revie\v of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that. to the hest or PROFESSIONAL's knowledge. information and helief. the quality' nr the Work is in ~Iccordancc with the Contract Documents subject to an evaluation of the Wnrk ~lS a functioning \vhole prior to ()I" upon SubstantiJI Completion, to the results of any subsequent tests called for in the Contract Documents. to a tinal determination of quantities and clnssitications t'or Unit Price Work under paragraph 9,10. and to any other qualifications stated in the recommendation-: and that CONTR/\CTOR is entitled to payment of the amount recommended, However. hy recommending an)' such payment PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work GC- 70 I I I I I I I I I I I I I I I I I I I ~ beyond the responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR, 14,6. PROFESSIONAL's recommendation of final payment \\'ill constitute an additional representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to tinal payment as set forth in paragraph 14,13 have been fulti lied, 14,7, PROFESSIONAL may refuse to recommend the \\'hole or any part of any payment if. in PROFESSIONAL's opinion. it would be incolTect to make such representations to OWNER, PROFESSIONAL may also refuse to recommend any such payment. or. because of subsequently discovered evidence or the results of subsequent inspections or tests. nullil'~' an)' such payment previously recommended. to such extent as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because: 14,7, I, the Work is defective. or completed Work has been damaged requiring correction or replacement. 14,7,2, the Contract Price has been reduced by Written Amendment or Change Order. 1-1-.7,3, OWNER ha.s been required to correct detective Work or complete \Vork 111 ~lccordance wi th paragraph 13,14, or I..L 7,,,1-. of PROFESSIONAL's aChlal knowledge of the occurrence or any of the events enumerated in paragraphs 15,2,1 through 15,2.9 inclusive, OWNER may refuse to make payment of the full amount recommended hy PROFESSIONAL because claims have been made against OWNER on account ofCO\lTR:\cTOR's perform~lIlce or "urnishing of the Work or Liens have been tiled in connection \vith the Work or there are other items entitling OWNER to a set-off against the amount recommended. but OWNER must gIve GC - 71 I I I I I I I I I I I I I I I I I I I .. CONTRACTOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action. Substantial Completion: 1-1-.8, When CONTRACTOR considers the entire \Vork reach; for its intended use CONTRJ.\CTOR shall notity OWNER and PROFESSIONAL in writing that the entire Wurk is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and requestthat PROFESSION A L issue a certificate of Substantial Completion, Within a reasonable time lhereafter. OWNER. CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not consider the Work substantially complete. PROFESSIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially complete. PROFESSIONAL will prepare and deli\'t'r to OWNER a tentative certiticate of Substantial Completion which shall tix the date of Substantial Completion. There shall be attached to the certiticate a tentative list of items to be completed or corrected before tinal payment. OWNER shall have seven clays after receipt of the tentative certiticate duting which to make written objection to PROFESSIONAL as to any provisions of the certificate or attached list. If. after considering such objections, PROFESSIONAL concludes that the Work is not substantially complete, PROFESSIONAL will within fourreen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If after consideration of OWNER's objections. PROFESSIONAL considers the Work substantially complete. PROFESSIONAL will within said fourteen clays execute and deliver to OWNER and CONTRACTOR a detinitive certificate of Substantial Completion (\vith a revised lentati\'e list of items to be completed or corrected) retlecting such clwnges from the tentative certiJicatc as PROFESSIONAL believesjustitied after consideration of any objections from OWNER, At the time of delivery of the tentative certificate of Substantial Completion PROFESSIONAL will lkli\\:r to OWNER ~llld CONTRJ.\CTOR a written recommendation as to c!i\ision of responsibilities pending tinal payment between OWNER and CONTRACTOR with respect to security. operation. satetv. maintenance. heat. utilities. insurance and warranties. Unless OWNER and CONTRACTOR GC-72 I I I I I I I I I I I I I I I I I I I ... agree otherwise in wilting and so inform PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certiticate of Substantial Completion. PROFESSIONA.L's afores~lid recommendation will be binding on OWNER and CONTRACTOR until tlnal payment. ] 4,9, OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion. bur 0 WN ER shall allow CONTR:-\ CTO R re~1son~1b Ie access to com p lete or correct items on the tentative list. Partial Utilization: 14,] 0, Use by OWNER at O\VNER's option of any substantially completed parr of the Work which (i) has specitically been identitied in the Contract Documents. or (ii) OWNER. PROFESSIONAL. and CONTRACTOR agree constitutes J sep~mltely functioning and usable part of the Work that can be used by OWNER for its intended purpose \\'itI1l1l1t signi ticant intert\:rence with CONTRACTOR's pertllrmance of the remainder of the Work. may be accomplished prior to Substantial Completion of all the Work subject to the follo\\'ing, 14,10,1, OWNER at any time may request CONTRACTOR in writing to permit OWNER to use ~IIlY such part of the \Nork which O\\t"NER believes to be re~1dy rl)r its intended LIse and substantially complete. If CONTRACTOR agrees. CONTRACTOR will certit)' to OWNER and PROFESSIONAL that said part ofthe Work is substantially complete Jnd request PROFESSIONAL to issue a certi ticate of Substantial Completion for that part ortlle \\'ork, CONTRA CTOR at any time may notify. OWNER and PROFESSIONAL in writing that CO~TR,-\CT()R considers any such part of the Work ready for its intended use and substantially complete and request PROFESSION/\L to issue a certiticate orSubstantial Completion for that part of the \\'ork, \\'ithin a rL'asonable time after either such request. OWNER. CONTRACTOR and PROFESS10\,\L shallm~lkL' ~In inspection of that part of the "\fork to determine its status of completion. If PROFESSIO\/\L does not consider that part of the Work to be substantially complete. PROFESSIO:-:,-\1. \\'ill 11l1til)', OWNER and CONTRACTOR in writing giving the reasons therefor. I fPROFESSIO~AL considers that part o(the GC-73 I I I I I I I I I I I I I I I I I I I .. Work to be substantially complete, the provisions of paragraphs 14.8 and 14,9 wi II apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto, 14.10.2, OWNER m::1Y at any time request CONTRA.CTOR in \\Titing to permit O\VNER to take over operation of any such part of the Work although it is not subst::1ntially complete, A copy of such request will be sent to PROFESSIONAL and within a re::1sonable time there::1fter OWNER. CONTRACTOR and PROFESSIONAL shall make an inspection 01' that p~lrt of the Work to detemline its status of completion and will prepare a list of the items remaining tn be completed or corrected thereon before final payment. If CONTRACTOR cloes not object in \\Titing to O\VNER and PROFESSIONAL that such part of the Work is not re::1dy for separJte operation by OWNER. PROFESS I ONAL wi II tinal ize the list of items to be completed or corrected and \\'i II del iver such list to OWNER and CONTRACTOR together with a \\Titten recommendation ~lS to the division of responsibilities pending tinal payment between OW~ER ~1I1d CONTRACTOR with respect to security. operation. safety. nwintenance. utilities. insur::1nce. \\-aITanties Jnd gU~lrantees for that part of the \Vork \vhich will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have othcnvise agreed in writing and so informed PROFESSIONAL). During such operation and priorto Substantial Completion of such part of the Work. OWNER shall allow CONTRACTOR reasonable access to complete or correct items on saicllist and to complete other related Work, 14,1 (),.J, No occupancy or separate operation of pan of the Work will be accomplished prior [0 compliancc \\'ith the requirements of paragraph ),15 in respect nf property insurance, 14,10,-1-. OWNER. may at its discretion. reduce the amount ofrctainage subjcctlO 8endicial Occupancy. Filla/Inspection: 14,11, Upon written notice from CONTRACTOR that the entire Worl-.: or ~111 agreed portion thcreof is complete. PROFESSIONAL will make ::1 tinal inspection \\ith OWNER and CON- GC-74 I I I I I I I I I I I I I I I I I I I .. TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as me necessary to remedy such deficiencies, Final Application for Payment: 14,12. Atter CONTRJ.\CTOR has completed all such corrections to the satisfaction of PROFESSIONAL and OWNER and delivered in accordance \vith the Contract Documents all maintenance and operating instructions. schedules. guarantees. bonds. certiticates or other evidence of insurance required by 5,2. certiticates of inspection. marked-up record documents and other documents. CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously del ivered) by: (i) all documentation called for in the Contract Documents. inc luding but not limited to the evidence of insurance required. (ii) consent of the surety. if any. to tinal payment. and (iii) complete and legally effective releases or waivers (satisfactory to O\VNER) 01' all liens arising out of or filed in connection with the Work, In lieu of such releases or waivers of liens and as approved by County. CONTRACTOR may furnish receipts or release in full and an atlidavit of CONTRACTOR that (i) the releases and receipts include all labor. services. material and equipment for which a lien could be tiled. and (ii) all payrolls. material and equipment bills and other indebtedness connected with the V.,1ork fonvhich OWNER or OWNER' s property might in any way be responsible have been paid or otherwise satisfied. Ifany Subcontractor or supplier fails to furnish such a release or receipt in full. CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnit), OWNER against any lien, I-L] 2.1, No application for tinal payment will be accepted hy OW;\JER until approved as- huilt documents by CONTRACTOR are accepted and approved by PROFESSIONAL. 14.12,2, Not\vithstanding any other provision of these contract documents to the contrary. OV'lNER and PROFESSIONAL are under no duty or obligation \vhatsoever to [In)' vendor. materials provider. Subcontractor. laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made, Such parties shall rely only on GC-75 I I I I I I I I I I I I I I I I I I I .. CONTRACTOR's surety bonds for remedy of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors. indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or materialmen or laborer services in connection with this project. 14,12.3, General Indemnity: CONTRACTOR shall indemni fv OWNER and PROFESSIONAL for any damages sustained including lost protits resulting from CONTRACTOR's failure or refusal to perform the work required by these contract documents, Final Payme11f and Acceptance: 14,13, If. on the basis of PROFESSIONAL's observation of the Work during construction and tinal inspection. and PROFESSIONAL's review of the tinal Application for Payment and accompanying documentation as required by the Contract Documents. PROFESS IONAL is satistied that the Work has been completed ;,lI1d CONTRACTOR's other obligations under the Contract Documents have been fultilled. PROFESSIONAL will. within ten (10) working days after receipt of the tinal Application for Payment. indicate in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the same time PROFESSIONAL will also give \vrittennotice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14,6, Otherwise. PROFESSIONAL will return the application to CONTRACTOR. indicating in writing the reasons for refusing to recommencltinal payment. in which case CONTRACTOR shall make the necessary corrections and resuhmit the :\pplieation, ;.\I"tt:r the presentation to OWNER ofthe application and accompanying documentation. in appropriate form ancl substance unci \vi th PR 0 F ESS I ON A L . s recommendation ~lIlcl notice 0 f acceptabi I i ty. the amount recommended Iw PROFESSIONAL will become due and will he paid hy O\VNER to CONTRACTOR, 14,14, I f through no bult of CONTRACTOR. tinal completion of the Work is significantly delayed and i fPROFESSlON/\L so continl1S. OWNER shall. upon receipt orCONTRACTOR's tinal l\pplic:1tion for Payment and recommendation of PROFESSIOi\i,,\L. ~lIld without terminating the GC-76 I I I I I I I I I I I I I I I I I I I .. Agreement. make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract. and ifbonds have been furnished as required in Article 5. the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and conditions go\'erning tinal payment. except that it shall not constitute a waiver ot' claims, CONTRA. CTOR's COlltilluillg Obligation: 1..1-.15, CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment hy PROFESSIONAL. nor the issuance ofa certificate of Substantial Completion. nor ai1Y payment hy OWNER to CONTRACTOR under the Contract Documents. nor any use or occupancy of the Work or any part thereof by OWNER. nor any act of acceptance by O\VNER nor any failure to do so. nor any review Jnd approval of a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragrJph 14,13, nor any correction of defective Work by O\VNER will constitute an acceptance of Work not in ~lccordance with the Contract Docllments or a release of CONTRACTOR's obligation to perform the vVork in accordance with the Contract Documents (except as provided in paragraph] 4,16), Waiver (~f Claims: 14,/ (), The making and acceptance of tinal payment will constitute: 14,] (',1, A waiver oral! clJims by OWNER against CONTRACTOR. except claims arising from unsettled liens. ti'om detective Work appearing after tinal inspection pursuant to 14,11 from l~lilure to comply with the Contract Documents or the terms of any special guarantees specified therein. or rrom CONTR/\CTOR's continuing obligations under the Contract Documents: and GC- 77 I I I I I I I I I I I I I I I I I I I . 14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those , previously made in \VTiting and still unsettled. GC- 78 I I I I I I I I I I I I I I I I I I I .. ARTICLE 15--SUSPENSION OF WORK AND TERMINA TI ON Owner May Suspend Work: 15,1, OWNER may. at any time and without cause. suspend the Work or any porrion thereof for a period of not more th~ll1 ninety days by notice in wilting to CONTRACTOR and PROFESSIONAL which ,viII fix the date on which Work will be resumed, CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time. or both. directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in ,~\rticles 11 and 12, Termination For Cause: 15,2, Upon the occurrence of anyone or more of the following evel1ls: 15,2, I. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title II. United States Code). as now or hereafter in effect. or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other Ii::deral or state law in effect at such time relating to the bankruptcy or insolvency: 15,.2,.2, if a petition is liled against CONTRACTOR uncleI' any chaptei. of the Bankruptcy Code as no\\' or hereafter in effect at the time of tiling. or if a petition is libl seeking any such equivalent or similar reliefagainst CONTRACTOR under any other kder:lI or state law in elkct at the time relating to bankruptcy or insolvency; 15,2,3, it. CONTRACTOR makes a general assignment for the henelit of creditors: GC- 79 'I I I I I I I I I I I I I I I I I I I ... 15.2.4. if a trustee. receiver, custodian or agent of CONTRACTOR is appointed under applicable Ia\v or under contract. whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the pmpose of general administration of such property for the benefit of CONTRACTOR's creditors: 15,2,5, if CONTRACTOR admits in writing an inability to pay its debts generally. as they become due: 15,2.6, if CONTRACTOR fails to perform the Work in accordance \\'ith the Contract Documents (including. but not limited to, failure to supply sufticient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2,9 JS revised b'om time to time): 15,2,7, if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction: ] ),2.8, if CONTRACTOR disregards the authority of PROFESSIONAL: or 15,2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may. after giving CONTRACTOR (and the surety. if there be one) seven clays' written notice and to the extent permitted by Laws and Regulations. termin~lte the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools. appliances. construction equipment and machinery at the site ancluse the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or cOIl\'ersion). incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. and tinish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is tinished, [fthe unpaid balance of the Contract Price exceeds the GC-80 I I I I I I I I I I I I I I I I I I I .. direct. indirect and consequential costs of completing the Work (including but not I imited to fees and charges of PROFESSIONALs. architects. att("':~cYs an\.1 ,.thc:r PROFESSIONALs and court and arbitration costs) such excess will be paid to CONTRACTOR, If such costs exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER, Such costs incurred by OWNER will be approved as to reasonableness by PROFESSIO:\r\L and incorporated in a Change Order. but when exercising any rights or remedies underthis paragraph O\V\iER shall not he required to obtain the lon-cst price for the \\lor/.: performed, ~ 15.3, In the event OWNER terminates the contract felr cause and it is slIhsequentlyjudicially determined that there was no cause for termination. the termination for con\'enience provision \vill be the means for disposition of the balance of the contract obligations, Termil1atiol1/or COl1vel1 iel1ce 1.5.4, Llpon seven working days' \\Tirren notice to CO\'TR,-\l'TOR and PROFESSIONAL. OWNER may. \vithout cause and without prejudice to any other right or remecl~' of OWNER. elect to terminate the Contract. In such case. COJ\iTR...\CTOR shall be paid I\\'ithout duplication of any items): 1.5"+,1, For completed and acceptable Work e:'\ecuted in accordance \\'ith the Contract Documents prior to the effective date ofterminarion. including t"<:lir and r\.'~ISI)n~lhk slims for overhe:lcl and prolit on such Work: 1.5,.+':2, Fnr expenses sustained prior to the etlecti\\: \.late 111' terl1lin~llilln in perl'()I'l1ling services and furnishing labor. materials or equipment as required by the Cllntract Documcllts in connection with uncompleted Work. plus bir :l11cl reJS\.lndl,k ~1I111> I~ 'I' \.\ \.'I'i1\.'~I\.1 ~lI1d prolitllll such l'X penses: GC-81 I I I I I I I I I I I I I I I I I I I .. 15.4.3. For all claims. costs, losses and damages incurred in settlement of terminated contracts with Subcontractors. suppliers and others: and 15.4.4. For reasonable expenses directly attributable to termination, CONTRACTOR shall not be paid on account of loss of anticipated pro tits or revenue or other economic loss arising out of or resulting from such termination, 15,5, Where CONTRACTOR's ser\"1ces ha\'e been so terminated hy OWNER. the termination will not atlect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys clue CONTRACTOR by OWNER will not release CONTRACTOR from liability, CONTRACTOR May Stop Work or Termi1late: 15.6, [fthrough no act or fault ofCONTR...~CTOR. the Work is suspended for a period of more than ninety calendar (bys by OWNER or under an order of court or other public authority. or PROFESSIONAL tilils to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thilty-one days to pay CONTRACTOR any sum linally determined to be due. then CONTRACTOR may upon seven working days' written notice to O\VNER and PROFESSIONAL and providecl OWNER or PROFESSrO?\AL did not remedy such suspension or failure within that time. terminate the Agreement and reco\'er from OWNER p~lyment on the same terms as provided in 15,2. In lieu of terminating the Agreement and \\'ithout prejudice to any other right or remedy. if PROFESSIONAL has failed to act on an .-\pplication for Payment within thirty days after it is submitted. or OWNER has failed for thirty-one days after it is suhmitted. or OWNER has failed for thirty-one calendar days to pay C00iTRACTO R any sum tinally determined to he due. CONTRACTOR may upon seven day's \vrinen notice to OW0iER and PROFESSIONAL stop the Work until payment of all such amounts due CONTR.~CTOR. including interest thereon, The provisions of this paragraph are not intended to preclude CONTRACTOR li'ommaking claim under Articles II and I:? for an increase in Contract Price or Contract Times or otherwise ti)r expenses or GC-82 II I I I I I I I I I I I I I I I I I I .. damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph, The provisions of this paragraph shall not relieve CONTRACTOR of the obI igGtio'ns under parGgraph 6,30 to calTY on the Work in accordGnce with the progress scheduk Gild \\"ithout delay during disputes and disagreements with OWNER, GC-83 I I I I I I I I I I I I I I I I I I I .. ARTICLE 16--DISPUTE RESOLUTION ~ 16,1. All disputes arising under this Contract or its interpretation whether involving law or t~1Ct or both. or extra work. and all claims for alleged breach of contract shall within ten (10) \vorking days of the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining to claims shal I be tiled in quadruplicate, Such notice need not detai I the amount of the claim but shall state the facts surrounding the claim in sutIicient detail to identify the claim. together with its character and scope. In the meantime. CONTRACTOR shall proceed with the Work as directed, Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived. except that if the claim is ofa continuing character and notice ot'the claim is not given within ten (10) working days of its commencement. the claim will be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice thereof Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or certitiedmuil. return receipt requested, directed to his last known address. 1 (),,2 All claims. disputes and other matters in questIon between OWNER and CONTRACTOR arising out of. or relating to. the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County. Georgia, CONTRACTOR by executi.on of the Contract,consents to jurisdiction and venue in the Superior Coun of Richmond County. Georgia. and waives any right to contest same. GC-84 I I I I I I I I I I I I I I I I I I I .. ARTICLE 17-MISCELLANEOUS Giving Notice: 17,1. Whenever any provision of the Contract Documents requires the giving of written notice. it will be deemed to have been validly given if delivered in person to the individual or to a member of the tirm or to an ot1icer of the corporation for whom it is intended. or ifdelivered at or sent by registered or cerritiedmail. postage prepaid. to the last business address kno\vn to the giver of the notice, Computation of Time: 17,2,1. When any period of time is referred to in the Contract Documents by days. it will be computed to exclude the tirst and include the last day of such period, If the last clay of any such period t~llls on a Saturday or Sunday or on a day made a legal holiday by the law ot'the applicable jurisdiction. such day \vill be omitted ti'om the computation, 17,2.2, A calendar day of twenty-four hours measured from midnight to the next midnight shall consti tute a day, General: 17,3, Should OWNER or CONTRACTOR suffer injury or damage to person or pl'Operry because 01' any error. omissiolll)r act of the other party or of any of the other parry's employees or agents or others Jor whose acts the other party is legally liable. claim should be made in writing to the other party within a reasonable time of the tirst observance of such injury or damage, The pro\'isiol1s or this paragraph 17,3 shall not be construed as a substitute /()r or ~I \\~li\'cr of the pro- visions ol'~lIlY ~lprlicable statute of limitations or repose, GC-85 I I I I I I I I I I I I' I I I I . . -~'~;: .. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and. in particular but without limitation. the warranties. guarantees and obligations imposed upon CONTRACTOR by paragraphs 6,32. 13,1. 13.12. 13,14. 14.3 and 15,2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder. are in addition to, and are not to be construed in any WllY liS a limitation o[ llny rights and remedies available to any or all of them which are otherwise imposed or available by Lmvs or Regulations. by special warranty or guarantee or by other provisions of the Contract Documents. and the provisions of this paragraph will be as effective as if repeated specificlllly in the Contract Documents in connection with each particubr duty. obliglltion. right and remedy to which they apply, All representations, warranties and guarantees made in the Contract Documents \vill survive tinal payment and termination or completion of the Agreement, 17,), CONTRACTOR shall keep adequate records and Sllppol1ing documentation applicable to this Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a m j nj m um 0 f Ii ve (5) years ti'om the date of final completion or termination of this Con tract. OWNER shall have the right to audit. inspect and copy all such records and documentation as often as OWNER deems necessary during the period of the Contract and for a period of five (5) years thereafter provided. however. such activity shall be conducted only during normal business hours. OWNER. during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the aforesaid records and slIpporring documentation, 17,6, The Contract Documents are intended by the Parties to. and do. supersede any and all provisions or the Ceorgia Prompt Pay Act, O,C.G,A. Section J 3-11-1. et seL], In the event any provision ol'thc Contract Documents are inconsistent with any pro\'ision of the Prompt Pay Act. this provision of the Contract Documents shall control. 17,7, Notwithstanding any provision of the law to the contrary. the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to the Contract Documents ~Ind CONTRACTOR specitically waives any claim to same, GC-86 I I I I I I I I I I I I I I I I I I I of Substitutiol1s: 1 7,8 ,Notwi thstanding any provision of these general conditions. there shall be no substi tutions of materials that are not determined to be equivalent to those indicated or required in the contract documents w"ithout an amendment to the contract. Sal1it{[J:1' Sewer OVet:f!Olv Preventiol1: 17,9, Procedures to Prevent Overflows During Sanitary Sewer Construction 17,9,1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations Jnd is prohibited, 17,9,;' The CONTRACTOR will submit an Emergency Response Plan prior to beginning work, This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation, The ERP will include estimates of mobilization time for a response crew to arrive onsite, Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation, 17,9,3 In the event bypass pumping is required to facilitate new sewer construction. bypassing plans and supporting calculations mllst be submitted to the Augusta Utilities Deparrment for review prior to establishment of the bypass, All bypass systems will include complete redundancy in pumping systems. if li:1i I ure 0 f the pri mary pumping system could result in a discharge 0 f un treated wastewater to waters of the Slate, 17,9,,,+ Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and mai n tcnance. if the fai lure of the bypass pump could resul tin the discharge of untreated wastewater to waters of the State, GC-87 I I I I I I I I I I I I I I I I I I I .. 17.9.5 In the event of a discharge of untreated wastewater. the CONTRACTOR will take the following actions: Take immediate steps to eliminate or minimize the discharge of untreated wastewater. Immediately notify theUtiljties Department dispatcher (706,796,5000) and the RESI DENT PROJECT REPRESENTATIVE (contact information \vi II be provided at the preconstruction conference). iVlaintain a chronicle of relevant infom1ation regarding the incident including specific actions taken by the CONTRACTOR and estimates of the discharge volume, 17,9.6 The RESIDENT PROJECT REPRESENTATIVE \vill coordinate notitication of the Georgia Environmental Protection Division (800,241.4113) and the Augusta Emergency Management Agency if appropriate, 17,9,7 If. in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the Owner. the CONTRACTOR is not responding to an emergency situation in an appropriate manner. the Utilities Department will undertake necessary actions to abate an overtlow situation, The cost of these actions will be the responsibility of the CONTRACTOR, 17,9,8 Following a discharge of untreated wastewater. a do\vnstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR, PROGRAM /vL"INAGER: 17,10 The PROGRAM MANAGER for the project is CH1M HI LL. :2822 Central/\\'enue, Augusta. GA J0909, The presence or duties of PROGRAM MANAGER's personnel at the construction site. whether as onsite representatives or otherwise. do not make PROGRAM MANAGER or PROGRAM GC-88 I I I I I I I I I I I I I I I I I I I '" MANAGER's personnel in any way responsible for those duties that belong to OWNER and/or the CONTRACTOR or other entities, and do not relieve the CONTRACTOR or any other entity of their obligations. duties. and responsibilities, including, but not limited to. all construction methods. means. techniques. sequences. and procedures necessary for coordinating and completing all portions of the construction \vork in accordance with the construction Contract Documents and any health and safety precautions required by sllch construction work, PROGRAM MANAGER and PROGRAM MANAGER's personnel ha\'e no authority to t'.\Crcise any control over any construction contractor or other entity or their employees in connection \vith their work or any health or safety precautions and have no duty of inspecting. noting. observing. cOITecting. or reporting on health or safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM MANAGER's own personnel. The presence of PROGRAM MANAGER's personnel at the construction site is /(.11" the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as retlected in the construction documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this AGREEivlENT only. construction sites include places of mJnufacture for materials incorporated into the construction work. and construction contractors include ll1anubcturcrs of materia Is incorporated into t he construction work GC-89 I I I I I I I I I I I I I I I I I I I SECTION SC-Ol, SC-02, SC-03, SC-04. SC-05. SC-06, SC-07, Scope of the Work List of Dra\vings Protection of the Environment Record Drawings City Acceptance Specitied Materials Basis of Payment sc-O- ] .. SECTION SC-O INDEX TO SPECIAL CONDITIONS I I I I I I I I I I I I I I I I I I I .. SECTION SC SPECIAL CONDITIONS -01. SCOPE OF THE "VORK: The project referred to in the Agreement shall consist of the follL)\ving major elemenls or portion thereof as outl ined in each contract. The construction and installation of sanitary se\\'er lines. appurren~lIlces. and pn1perty restoration, -02. LIST OF DRAWINGS: DATE SHEET NO, TITLE ORIGINAL I. Cover Sheet. Location Map hl2 1/02 I Plan & Profile M2 1/02 ~ Demolition Plan hi2 1/02 _1, 4, Bridge Rehabilitation Details hl2 1/02 -03. PROTECTION OF THE ENVIRONMENT: Tht' Contractor \-vill cmefully schedule his \vork so that a minimum amount of the nposed earth will he subject to erosion by rainfall or wind. and he \\ill prm"ide mcans s~ltist~lctor: 10 the Engineer to minim ize the transporration of silt and other de Ieterious materi ~t1 i nlo ! he stream IK'ds ~lI1d lake belo\\' the project. -04. RECORD ORA WINGS: The Contractor will maintain in his oftice one complete set 01' dra\\'ings (incluclin~ ~II1Y supplemental sketches) pertaining to the project upon \vhich. at the end of t'ach day's \vork any deviations ti'om the construction lines sho\vn thereon and all changes ordered hy the Engincer will be shown accurately in red pencil. Ifnecessary. supplemental drawings will he made to showdet~lils ofdeviJtions or changes. and these will be kept with the marked set. The dra\\'ings \vill be ~I\'~lilahle to the Engineer for inspection during construction and at the completion of construction, I'rior to submitting his estimate for tinal payment. as-built drawings are to be prepmed and submitted hy the contractor to the engineer. As-built drawings shall include tap locations, SC-I I I I I I I I I I I I I I I I I I I I .. -05. CITY ACCEPTANCE: Notwithstanding any other obligations of the Contractor. he shall complete the work to the full satisfaction of the Augusta Utilities Department and the Engineer. This provision shall not relieve the Contractor of his responsibilities for guarantees, -06. SPECIFIED MATERIALS: Attention is drawn to the specification of certain brands or manufacturers of construction materials on the drawings. Unless the phrase "or equal" appears in the specitication thereon. no substitution or deviation from the product specitied will be allowed, -07. BASIS OF PAYMENT: As explained in the section "Instructions to Bidders." payment for all items of construction will be made at the total of the unit price stated in the Bid Schedule to the Proposal. The partial payments described in the Agreement will be made based on the actual number of units of I;vork completed during the month and in-place at the unit prices stated in the Bid Schedule" SC-2 I 'I I SECTION I TS-03300 I TS-05120 I I I I I I I I I I I I I I Cast in Place Concrete Structural Steel .. SECTION TS-O INDEX TO TECHNICAL SPECIFICATIONS ~ 9 7 TS-O I ,I I I I I I I I I I I I I I I I I I .. DIVISION 3 - CONCRETE SECTION 03300 - CAST-IN-PLACE CONCRETE PART 1 GENERAL 1,1 References A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only, American Concrete Institute (ACI) ACl301 1989 Specifications for Structural Concrete for Buildings AC130-4 1985 Guide for Measuring, Mixing, Transporting and Placing Concrete ACl305R 1989 Hot Weather Concreting ACl306R 1988 Cold Weather Concreting American Society For Testing And Materials (ASTj\i/) A STiVI A 185 ASTlv/A-I97 AST/v/ A615 AST?v/A616/ A616J1;/ AST1\;f A617/ A617M ASTM A 706/ A 7 () 61'v/ ASTlvI C33 ASTJI;! C9-4 ASTlv! C 1-13 ASTlv/ C150 1985 Steel Welded Wire Fabric, Plain, for Concrete Reinforcement 1986 Specification for Welded Deformed Steel Wire Fabric for Concrete Reinforcement 1987 (Rev. A) Deformed and Plain Billet-Steel Bars for Concrete Reinforcement 1987 Rail-Steel Deformed and Plain Bars for Concrete Reinforcement 1987 Axle-Steel Deformed and Plain Bars for Concrete Reinforcement 1988 Low-Alloy Steel Deformed Bars for Concrete Reinforcement 1986 Concrete Aggregates 1989 (Rev. B) Ready-Mixed Concrete 1989 (Rev, A) Slump of Portland Cement Concrete 1986 Portland Cement CAST-IN-PLACE CONCRETE 03300-1 I I I I I I I I I I I I I I I I I I I .. ASTlvl C 171 1969 (Rev, 1986) Sheet Materials for Curing Concrete AST1\-I' C172 1982 Sampling Freshly Mixed Concrete ASTiVf C 173 1978 Air Content of Freshly Mixed Concrete by the Volumetric Method ASTiVJ C231 1989 (Rev, A) Air Content for Freshly Mixed Concrete by the Pressure Method Asnv/ C260 1986 Air-Entraining Admixtures for Concrete ASTJ\{ C309 1989 Liquid Membrane-Forming Compounds for Curing Concrete ASTlvJ C-/9-/ 1986 Chemical Admixtures for Concrete AST1\1 C595 1986 Blended Hydraulic Cements ASTi'vJC618 1987 Fly Ash and Raw or Calcined Natural Pozzolan For Useasa Mineral Admixture in Portland Cement Concrete ASTlvJ C920 1987 Elastomeric Joint Sealants ASTi'v1 C989 1989 Ground Iron Blast-Furnace Slag for Use in Concrete and Mortars AST1\11 D J 190 1974 (R 1980) Concrete Joint Sealer, Hot-Poured Elastic Type ASTM D/751 1983 Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types) ASTlv1 DJ 752 1984 Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction ASTM D j 850 1974 (R 1979) Concrete Joint Sealer, Cold-Application Type Army Corps qj"Engineers (COE) Handbook For Concrete And Cement COECRD- C --? )/ - 1974 Specification for Polyvinyl Chloride Waterstop COE CRD- C 621 1989 Nonshrink Grout CAST-IN-PLACE CONCRETE 03300-2 I I I I I I I I I I I I I I I I I I I ... 1.2 General Requirements A. In the ACI publications referred to herein, the advisory provisions shall be considered to be mandatory, as though the word "shall" has been substituted for "should" wherever it appears. 1.3 Submittals A. Submit to the Architect the following: Certificates of Compliance: Cement Aggregates Admixtures Reinforcement Joint tiller Joint sealant PART 2 PRODUCTS 2.1. Concrete: A. Contractor Mix Design: ACI 30 I, except as modified herein. Concrete shall have a 28-day compressive strength of 4000 psi, Slump shall not exceed 5 inches in accordance with ASTM C 143, Provide ASTM C33 aggregate Size No. 57 or 67 and 4 to 6 percent air entrainment for concrete exposed to freeze-thaw conditions. Accomplish air-entrainment using an air-entraining admixture. Ready-Mixed Concrete: ASTM C94, except as modified herein. Ready-mixed concrete is defined in this specification as concrete produced regularly by a commercial establishment and del i vered to the purchaser in the plastic state, 2.2 Materials: A. Cement: ASTM C150, Type T or II or ASTM C595. Type TP(MS) or TS(MS) blended cement, except as modified herein. The blended cement shall consist of a mixture of ASTM C 150 cement and one of the following materials: ASTM C618 pozzolan or fly ash, or ASTM C989 ground iron blast furnace slag. The pozzolan/fly ash content shall not exceed 25 CAST-TN-PLACE CONCRETE 03300-3 I I I I I I I I I I I I I I I I I I I .. percent nor the ground iron blast furnace slag 50 percent by weight of the total cementitious material. For exposed concrete, use one manufacturer for each type of cement, ground slag, fly ash, and pozzolan, Fly Ash and Pozzolan: ASTM C618, Type N, F, or C, except that the maximum allowable loss on ignition shall be 6 percent for Type Nand F, Add with cement. Ground Iron Blast-Furnace Slag: ASTM C989. Grade 120 B. Water: Water shall be potable. C. Aggregates: ASTM C33; Obtain aggregates for exposed concrete surfaces from one source. Aggregates shall not contain any substance which may be deleteriously reactive with the alkalies in the cement. D. Admixtures: ASTM C260 for air-entrained concrete. ASTM C494 for water reducing (Type A. D. or E), accelerating (Type C), and retarding (Type B or D). to be used only when approved. Calcium chloride shall not be used as an admixture, E. Reinforcing Bars: ASTM A706/A706M, Grade 60; ASTM A615 and ASTM A6l7/A61 7M, Grade 40 or 60; or ASTM A616/A616M, Grade 50 or 60, F. Materials for Curing Concrete: Liquid Membrane-Forming Compound: ASTM C309, white-pigmented, Type 2. free of paratIin or petroleum. Do not use where finished appearance is important. Use where approved only, G, Expansion-Joint Filler: ASTM D 1751 or ASTM D 1752, Y2 -inch thick, unless otherwise indicated, H. Joint Sealants: Horizontal Surfaces ASTMDl190 CAST-IN-PLACE CONCRETE 03300-4 I I I I I I I I I I I I I I I I I I I '* 1. Contractors Option for Material Only: At the option of the Contractor, those applicable material sections of the Georgia Department of Transportation, Standard Specifications, Section 500, Class AA shall govern in lieu of this specification for concrete. Do not change the selected option during the course of the work. PART 3 EXECUTION 3,1 Material Handline: A. Delivery: Do not deliver concrete until ready for concrete placement. Storage: Store concrete aggregates to prevent contamination or segregation. Store reinforcement of different sizes and shapes in separate piles or racks raised above the ground to avoid excessive rusting. Protect from contaminants such as grease, oil, and dirt. Provide for accurate identification after bundles are broken and tags removed. Forms: ACI 301 - Set forms true to line and grade and make mortar-tight. Chamfer above grade exposed joints, edges, and external corners of concrete 3/4 inch, unless otherwise indicated. Before concrete placement. coat the contact surfaces of forms with a nonstaining form coating compound. Do not use mineral oil on formed surfaces to be painted, Prevent concrete damage during fom1 removal. B. Placing Reinforcement And Miscellaneous Materials: ACI 30 I - Provide bars, wire fabric, and other reinforcing materials. including wire ties, supports. and other devices necessary to install and secure the reinforcement. Cover and Splicing: ACI 301 - unless othef\vise indicated. Setting Miscellaneous Material: Place and secure anchors and bolts, pipe sleeves, conduits. and other such items in position before concrete pIncement. Plumb anchor bolts and check location and elevation. Temporarily fill voids in sleeves with readily removable material to prevent the entry of concrete, Construction Joints: ACI 301 - Continue reinforcement across joints. unless otherwise indicated. CAST-IN-PLACE CONCRETE 03300-5 I I I I I I I I I I I I I I I I I I I ... Expansion Joints: Make expansion joints ~ -inch wide, except as indicated otherwise. Fill expansion joints not exposed to weather with preformed joint material. Seal joints exposed to weather with joint sealant. Do not extend reinforcement or other embedded metal items bonded to the concrete through any expansion joint. unless an expansion sleeve is used. C. Measuring, Mixing, Transporting, And Placing Concrete: ACT 304, except as modified herein. ASTM C94: machine mix concrete and provide mandatory batch ticket information for each load of ready mix concrete, Begin mixing within 30 minutes after the cement has been added to the aggregates, Place concrete within 90 minutes of either addition of mixing water to cement and aggregates or addition of cement to aggregates if the air temperature is less than 85 degrees F, Reduce mixing time to 60 minutes if the air temperature is greater than 85 degrees F, Additional water may be added, provided that both the specified maximum slump and water-cement ratio are not exceeded. If the entrained air content falls below the specified limit. add a sufficient quantity of admixture to bring the entrained air content within the specified limits, Do not place concrete when weather conditions prevent proper placement and consolidation in uncovered areas during periods of precipitation or in standing water. Prior to placing concrete, remove dirt, construction debris. and water from within the forms. Consolidate concrete slabs greater than 4 inches in depth with high frequency. internal. mechanical vibrating equipment supplemented by hand spading and tamping, Consolidate concrete slabs 4 inches or less in depth by tamping, spading. and settling with a heavy leveling straight edge. Cold Weather: ACI 306R - Provide and maintain 50 degrees F minimum concrete temperature. Do not place concrete when the ambient temperature is below 40 degrees F, Cover concrete and provide with a source of heat sufficient to maintain 50 degrees F minimum while curing, Hot Weather: ACI 305R - Concrete temperature from initial mixing tlu'ough tinal cure shall not exceed 90 degrees F. Cool ingredients before mixing. or substitute chip ice for part of required mixing water or use other suitable means to control concrete temperature to prevent rapid drying of newly placed concrete, Shade the fresh concrete and start curing as soon as the surface of the fresh concrete is sufficiently hard to permit curing without damage, D. Surface Finishes: ACI 30 I for repair and finish, unless otherwise specified, After screeding is completed, apply a liquid chemical sealer-hardener to slab surface, Defects: Repair formed surfaces by removing minor honeycombs. pits greater than I square inch surface area or 0.25 inch maximum depth. or otherwise defective areas. Provide edges perpendicular to the surface and patch with nonshrink grout. Patch tie holes and defects \vhen the forms are removed, Concrete with extensive honeycomb (including exposed steel reinforcement, cold joints. entrapped debris, separated CAST-IN-PLACE CONCRETE 03300-6 I I I I I I I I I I I I I I I I I I I .. aggregate. or other defects) which affect the serviceability or structural strength will be rejected, unless correction of defects is approved. Obtain approval of corrective action prior to repair. The surface of the concrete shall not vary more than the allowable tolerances of ACI 301. Exposed surfaces shall be uniform in appearance and finished to a smooth form finish, unless otherwise specified. Floated Finish: Place, consolidate, and immediately strike off concrete to obtain proper contour, grade, and elevation before bleedwater appears. Permit concrete to attain a set sufficient for floating and supporting the weight of the finisher and equipment. If bleedwater is present prior to floating the surface, drag the excess water off or remove by absorption with porous materials. Do not use dry cement to absorb bleedwater. Surface shall be level to within 1/4 inch in 10 feet. Pavement Finish: Screed the concrete with a template advanced with a combined longitudinal and crosswise motion, Maintain a slight surplus of concrete ahead of the template. After screeding, float the concrete longitudinally. Use a straight edge to check slope and flatness: correct and refloat as necessary. Obtain final finish by belting, Lay belt flat on the concrete surface and advance with a sawing motion; continue until a uniform but gritty nonslip surface is obtained. Round edges and joints with an edger having a radius of 1/8 inch, E. Curing And Protection: ACI 301 - Protect concrete from injurious action by sun, rain. wind, tlowing water, frost, mechanical injury, tire marks, and oil stains, Do not allow concrete to dry out from time of placement until the expiration of the curing period. Fomls may be removed 48 hours after concrete placement. Moist Curing: Provide for the removal of water without erosion or damage to the stmcture. Ponding or Immersion: Continually immerse the concrete throughout the curing period. Water temperature shall not be higher than 20 degrees F more than the temperature of the concrete. For temperature between 40 and 50 degrees F, increase the curing period by 50 percent. Fog Spraying or Sprinkling: Provide unifoml and continuous application of water throughout the curing period. For temperatures between 40 and 50 degrees F, increase the curing period by 50 percent. Pervious Sheeting: Cover the entire surface of the concrete with two thicknesses of wet sheeting, Mats shall be at least as long as the width of the surface to be cured. During application, do not drag the mats over the finished concrete nor over mats already placed. Completely cover surface and edges of the concrete, with a 6-inch overlap over adjacent mats, Wet mats thoroughly and keep continuously wet throughout the curing period. CAST-IN-PLACE CONCRETE 03300-7 I I I I I I I I I I I I I I I I I I I .. Impervious-Sheeting Curing: Wet the entire exposed surface thoroughly with a fine spray of water and cover with impervious sheeting throughout the curing period. Lay sheeting directly on the concrete surface and overlap edges 12 inches minimum. Provide sheeting not less than 18 inches wider than the concrete surface to be cured. Secure edges and transverse laps to form closed joints. Repair tom or damaged sheeting or provide new sheeting. Liquid Membrane-Fomling Compound Curing: Seal or cover joint openings prior to application of curing compound. Prevent curing compound from entering the joint. Provide and maintain compound on the concrete surface throughout the curing period. Provide a continuously wetted, permeable cbver as specified in paragraph entitled, "Hot Weather. " Application: Unless the manufacturer recommends otherwise. apply compound immediately after the surface loses its water sheen and has a dull appearance, and before joints are sawed, Mechanically agitate curing compound thoroughly during lIse. Use approved power-spraying equipment to uniformly apply two coats of compound in a continuous operation, The total coverage for the two coats shall be 200 square feet maximum per gallon of undiluted compound, unless otherwise recommended by the manufacturer's written instructions. The compound shall form a uniform, continuous, coherent film that will not check, crack, Ol' peel. Immediately apply an additional coat of compound to areas where the film is defective, Respray concrete surfaces subjected to rainfall within 3 hours after the curing compound application. Protection of Treated Surfaces: Prohibit foot and vehicular traffic and other sources of abrasion for not less than 72 hours after compound application. Maintain continuity of the coating for the entire curing period and immediately repair any damage. Liquid Chemical Sealer-Hardener Curing: Provide for interior floors that do not receive a floor covering, or in lieu of liquid membrane-forming compound curing for other surfaces. Apply sealer-hardener in accordance with manufacturer's recommendations. Seal or cover joints and openings in which joint sealant is to be applied, as l'equired by the joint sealant manufacturer. Curing Periods: Allow 7 days. F. Sampling And Testing: Sampling: ASTM C 172 - Collect samples of fresh concrete to perform tests specified. Testing: Slump Tests: ASTM C143 - Take samples during concrete placement. The maximum slump may be increased as specified with the addition of an approved admixture provided that the water-cement ratio is not exceeded. Perform tests at commencement of concrete placement and for each batch CAST-IN-PLACE CONCRETE 03300-8 I I I I I I I I I I I I I I I I I I I .. (minimum) or every 10 cubic yards (maximum) of concrete. Air Content: ASTM C173 or ASTM C231 - Test air-entrained concrete for air content at the same frequency as specified for slump tests. Compressive Strength Tests: Make five test cylinders for each set of tests in accordance with ASTM C31, Test two cylinders at 7 days, two cylinders at 28 days, and hold one cylinder in reserve. Samples for strength tests shall be taken not less than once a day, nor less than once for each 50 cubic yards of concrete, nor less than once for each 5000 square feet of surface area for slabs or walls. For the entire project, there shall be no less than five sets of samples taken and strength tests performed for each mix design of concrete placed. Each strength test result shall be the average of two cylinders from the same concrete sample tested at 28 days. If the average of any three consecutive strength test results is less than 4000 psi or if any strength test result falls below 4000 psi by more than 500 psi, take a minimum of three ASTM C42 core samples from the in-place work represented by the low test cylinder results and test. Concrete represented by core test shall be considered structurally adequate if the average of three cores is' equal to at least 3400 psi and if no single core is less than 3000 psi, Locutions represented by erratic core strengths shall be retested. Remove concrete not meeting strength criteria and provide new acceptable concrete. Repair core holes with nonshrink grout. Match color and finish of adjacent concrete. END OF SECTION 03300 CAST-IN-PLACE CONCRETE 03300-9 I I I I I I I I I I I I I I I I I I I ~ DIVISION 5 - METALS SECTION 05120 STRUCTURAL STEEL PAR T I - GENERAL 1.1 Submittals A.. This Section covers fabrication and erection of structural steel work. as shown on drawings including schedules, notes. and cletails showing size and location of members. typical connections. and types of steel required. 13, General: Submit the following in accordance with Conditions of Contract: c.' Product Data or manufacturer's specifications and installation instructions for the 1()lIowing products, Include laboratory test reports ~l1ld other dat:l to show compliance with specitications (including specitied standards), I, High-strength bolts (each type). including nuts and \vashers, ") Structural steel primer paints and surbce tinish coatings, .., _1, Non-Shrink grout. D, Shop drawings shall include complete details and schedules for fabrication and assembly of structural steel members. procedures. diagrams. and shall identify the spec i tic product. I ist all design cri teria. list all material types and paint specifications. I, Include details of cuts, connections. camber. holes. and other pertinent data, Indicate welds by standard A WS symbols and shu\\ size. length. and type of each weld, ' / Provide setting drawings, templates. and directions for installation ofanchur bolts and other anchorages to be installed by others. 3. Shop"dra\vings shall show all connection details. C'nnnection details and design calculations for all connections not specitically detailed on the drawings shall be designed, signed and sealed by a registered professional engineer I icensed by the State of Georgia, 4, Fabrication shall not commence until shop drawings have been marked reviewed by the structural engineer. ), Welder's Certitication: Provide certitication that welders to be employed in work have satisfactorily passed A WS qualification tests within the previous 12 months, STRUCTURAL STEEL 05120-1 I I I I I I I I I I I I I I I I I I I "* O. Boltin!.! and Welding: Inspection and test reports shall be reported in writing to the architect. stmctural engineer and contractor. 1.2 Oualitv Assurance A. Codes and Standards: Comply with provisions of the following. except as otherwise indicated: I. .\mcrican Institute of Steel Construction (AISC) "Code orSwndard Practice tor Steel Buildings and Bridges." -, AISC "Specitications tor Structural Steel Buildings." including "Commentary. " B. Qualitications for Welding Work: Qualify welding procedures and \velding operators in accordance with A WS "Qualification" requirements. I. If recertification of welders is required. retesting \\'ill be Contractor's responsibility. 1.3 Deliverv. Storage and Handling A. Deliver materials to site at such intervals to ensure uninterrupted progress or work. B. Deliver anchor bolts and anchorage devices. \vhich are to be embedded in cast-in- place concrete or masonry, in ample time to not delay work. C. Store materials to permit easy access for inspection and identitication. Keep steel members off ground by using pallets. platforms. or other supports. Protect steel members and packaged materials from corrosion and c1et.::rioration. lfbolts and nuts become dry or rusty. clean and relubricate before use. I. Do not store materials on structure in a manner that might cause distortion or damage to members or supporting structures. Repai r or replace damaged materials or structures as directed. STRUCTURAL STEEL 05120-2 I I I I I I I I I I I I I I I I I I I .. P ART 2 - PRODllCTS 2.1 Materials A. Metal Surfaces. General: For fabrication of work that will be exposed to view. use only materials that are smooth and free of surface blemishes including pi tting, rust and scale seam marks, roller marks, rolled trade names. and roughness. Remove such blemishes by grinding, or by welding and grinding. prior to cleaning. treating. and applying surface tinishes. Structural Steel Shapes, Plates, and Bars: .-\ST\,I A51'2. GR.50 Steel Pipe ASTM A53. Type S. GR.B Cold-Formed Steel Tubing: ASTM A500. Grade B. FY = 46KSI Anchor Bolts: .-\ST;-vf ::.\.307. nonheaded type unless otherwise indicated. Untinished Threaded Fasteners: ASTivf A.307. Grade A. regular low- carbon steel bolts and nuts. Provide either hexagonal or square heads and nuts. except use only hexagonal units for exposed connections. B. High-Strength Threaded Fasteners: Heavy hexagon structural holts. heavy hexagon nuts. and hardened washers, as follows: I. Quenched and tempered medium-carbon steel bolts. nuts. and washers. complying with ASTM A325. Type-N. ') Where indicated as galvanized. pro\'ide units that are zinc coated. either mechanically deposited complying with ASTi'd B695. Class 50. or hot-dip galvanized complying with ASTlvI A153. Use at Contractor's option. C. Electrodes tor Welding: Comply with A WS Code. E70 I R Electrodes D. Structural Steel Primer Paint: Fabricator's standard rust-inhibiting primer. E. Structural Steel Enamel Surface Finish Paint: Pittsburgh Ebony Green or Equal - Submit Samples. STRUCTURAL STEEL 05120-3 I I I I I I I I I I I I I I I I I I I .. F. Cement Grout: Portland cement (ASTM C 150. Type I or Type fII) and clean, uniformly graded. natural sand (ASTM C404. Size No.2). ;Vlix at a ratio of 1.0 part cemenr to 3.0 parts sand. by vol ume. \vi th m i n i mum \\'ater requi red tor placemenr and hydration. L G. Nonmetallic Shrinkage-Resistant Grout: Premixed. nonlllet,lIlic. noncorrosive. nonstaining product containing selected silica sands. Portland cement. shrinkage compensating agents. plasticizing cmd water-reducing agents. complying with CE- CRD-621. H. Products: Subject to compliance with requirements. pro\'ide one of the tollo\ving: Sure Grip Grout; Dayton Superior. Euco N.S.: Euclid Chemical Co. Seal tight 588 Grout: W. R. Meadows. Propak; Protex Industries, Inc. Five Star Grout: U.S. Grout Corp. , , Fabrication A. Shop Fabric;:nion and Assembly: Fabricate and assemble structural assemblies in shop to greatest extent possible. Fabricate items of structural steel in accordance with AISC Specifications and as indicated on fincd shop drawings. Provide camber in structurcd members \vhere indicated. Properly mark andmatch-Illark materials tor tielcl assembly. Fabricate for delivery sequence that will expedite erection and minimize tield handling of materials B. Connections: Weld or bolt shop connections. as indicated. C. Bolt field connections. except where welded connections or other connections are indical~d. I). Provide high-strength threaded fasteners for principal bolted connections. .::xcept \\here untinished bolts are indicated. E. All connections. bolt field and shop. shall b.:: designed to support one-half the total uniform load capacity sho\\'J1 in the tables of uniform load constants. Part 2 of the Manual of Steel Construction. unless specitic connections. additional forces or reactions are shown on dra\vings. F. High-Strength Bolted Construction: Install high-stn:ngth threaded fasteners in accordance with the turn-of-the-nut method per AISC "Srecifications for Structural .loints using ASTM A325 or A490 Bolts." STRUCTURAL STEEL 05120-4 I I I I I I J. I I K. G. Welded Construction: Comply \\'ith A \\",S (ode ror procedlll''::s. appearance and quality of welds. and methods used in correcting welding work. H. Shear Connectors: Prepare steel surfaces as recommended by manufacturer of shear connectors. Weld ~hcar connectors in field. spaced as shown. to beams and girders in composite construction. Use automatic end \\'elding or he:.1dec! stud shear connectors in accordance wirh manufacturer's printed instructions. I. Holes for Other Work: Provide holes required tor securing other work to structural steel framing and tor passage of other \\'ork through steel framing members.:.1s shown on tinal shop draw'ings. Provide threaded nuts \velded to framing and other specialty items as indicated to receive other \\'ork. Cut. drill. or punch holes perpendicular to meted surtCtces. Do not tlame-cut holes or enlarge holes by burning. Drill holes in bearing plates. .2.3 Shop Paintinu I I I I I I I I I I I A. General: Shop-paint structural steel. e.\c::?N those members or portions of members to be embedded in concrete or mortar. B. Do not paint surfaces to be welded or high-strength bolted with friction-type connections. C. Do not paint surfaces which are to receiw shear connectors. I). Surl~lcc Preparation: After inspection and bd\)re shipping. clean steelwork to be painted. Remove loose rust. loose mill scale. and :>patter. slag. or tlux deposits. [, Painting: Immediately after surt:1ce preparation. apply structural steel primer paint in accordance \\'jth manufacturer's instructions and at ,\ rate to provide dry lilm thickness of not less than 2.0 mils. Cse painting methods that re~ult in full CO\t'r,lge l)f.ioinrs. corners. edges. and exposed surfaces. 2.-1- Source Oualit\. Control A. General: Materials and fabrication procedures are subject to inspection and tests in mill. shop. and field. conducted by a qualified inspection agency. Such inspections and tests will not relie\e Contr:.1ctor (If r~'I'\)J1:-;ihility Il)r pnn'icling m,ltcri,lh ,1Ild tCtbrication procedures in compliance \\'ith specitied requirements. Promptly remove and replace materials or fabricated cOlllponents that do not comply. STRUCTLiRAL STEEL os 120-5 I I I I I I I I I PART 3 - I c. I I I I I I I .. B. Design of i'vlembers and C :1I1ections: Details sho\vn are typical: simi lar detai Is apply to simi lar conditions. unless otherwise indicated. Veri fy dimensions at site \vhenever possible without causing delay in the work. Promptly notify Architect whenever design of members and connections for any portion of the structure are not clearly indicated. EXECl.'TI01\ 3.1 Erection A. Erector must examine areas and conditions under which structural steel work is to be installed. and notify the Contractor, in writing. of conditions detrimental to the proper and timely completion of \vorl\.. Do not proceed with \Vork until the unsatisfactory conditions hllve heen corrected in a manner acceptable to the erector. B. Temporary Shoring and Bracing: Provide temporary shoring and bracing mEmbers \vith connections of sufficient strength to beJr imposedloJds. Remove temporary members and connections when pem1anent members are in place and tinal connEctions are made. Provide temporary guy lines to achieve proper alignment of structures as erection proceeds. T cmporary Planking: Provide temporary planking and working platfon11S as necessary to effectively complete work. D. Setting Bases and Bearing Plates: Clean concrete and masonry bearing surfaces of hond-reducing materials and roughen surfaces prior to setting basc and bC~lring plates. Clean bottom surface of base and bearing plates. I. Set loose and attached base plates and bearing plates for structural members on wedges or other adjusting devices. .., Tighten anchor bolts after supported members have heen positioncd and plumbed. Do not remove wedges or shims. but if protruding _ cut otf tlush \\'ith cdge of base or bearing plate prior to packing with grout. , .), Pack gl'llut solidly between bearing surfaces and bases or plates to ensure that no voids remain. Finish exposed surtaces. protect installed materi~lIs. and allow to cure. I~. Field :\ssembly: Set structural frames accurately to lines and elevations indicated. :\Iign and adjust various members forming part of complete frame or structure before permanentl y fasten ing. Clean bearing surfaces and other surbces that \.vi II be in permanent cont,lct before assembly. Perform necessary adjustmcnts to compensate tor discrepancies in elevations and alignment. I I STRUCTURAL STEEL 05120-6 I I I I I I I I I I I I I I I I I I I c. .. F. L.evel and plum h i !1rlil-i rlqnl members of structure within specified AISC to 1er:lIlces. C. Splice members only where indicated and accepted on shop drawings. II. Erection Bolts: On exposed welded construction. remove erection bolts. fill holes with plug welds. and grind smooth at exposed surfaces. I. Compl~; with AISC Specifications for bearing. adequacy of temporary connections. aligmnent. and removal of paint 011 surfaces adjacent to tield welds. .., Do not enlarge holes in members by burning or hy using drift pins. except in secondary bracing members. Ream holes that must be I'lltmgeLi lu admit holts. J. Gas Cutting: Do not use gas cutting torches in tielcl for correcting fabrication errors in pri mm)' stnlctm:li Ir:tlll i ng. Cutting wi II be perm i tted on Iy on secondary mem hers thnt are not under stress. as acceptable to Architect. Finish gas-cut sections equal to a sheared appearance when permitted. . ./. Touch-Up Painting: Immediately after erection. clean tield welds. bolted connections. and abraded areas of shop paint. Apply paint to exposed areas using same material as used for shop painting. Apply by brush or spray to provide minimum dry tilm thickness of 2.0 mils. .., .., .1._ Oualit\. Control f\. Correct deticiencies in structural steel work that inspections and laboratory test reports have indicated to be not in compliance with requirements. Pertorm additional tests. at Contractor's expense. as necessary to recontirm any nllncLlmplialll.:e of original work and to show compliance of corrected work. B. Shop-Bolted and Field-Bolted Connections: Inspect or test in accordance with AlSC specifications. Ceni i'y welders and conduct inspections and tests as required. Record types and lucations of defects found in work. Record work required and pertormed to correct deticiencies. D. Pertorm visual inspection of all welds in accordance \\i th r\ WS specitications. END OF SECTION 05120 STRUCTLRAL STEEL 05120-7