HomeMy WebLinkAboutBlair Construction,Inc.
Augusta Richmond GA
DOCUMENT NAME: b\a\'( CiXlS\\UC-t\CX) I \DC.
DOCUMENT TYPE: rom'( a L-\-
YEAR:~I
BOX NUMBER: D-\
FILE NUMBER: \63~1o
NUMBER OF PAGES:
8l
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~N
CONTRACT DOCUMENTS
FOR
20" WATER MAIN EXTENSION
BARTON CHAPEL ROAD
PROJECT NO.: ACR # U-96-052
Between
Augusta-Richmond County
Commission-Council
and
Blair Construction, Inc.
DATE:
October 10,1997
TABLE OF CONTENTS
20" WATER MAIN EXTENSION BARTON CHAPEL ROAD
PROJECT NO.: ARC # U-96-052
SECTION
PAGES
Instruction to Bidders
IB-1 thru IB-3
Minority and Economically
Disadvantaged Business Support
ME-1
Special Conditions
SP-1 thru SP-5
Agreement
A-1 thru A-4
General Conditions
1 thru 32
Supplementary Conditions
SC-1 thru SC-2
Grassing
TS-l thru TS-3
Proposal
P-1 thru P-2
Bid Bond
Addendum #1
SECTION I B
INSTRUCTIONS TO BIDDERS
IB-Ol.
GENERAL
All proposals must be presented in a sealed envelope,
addressed to The Owner. The proposal must be filed with the Owner
on or before the time stated in the invitation for bids. Mailed
proposals will be treated in every respect as though filed in
person and will be subject to the same requirements.
Proposals received subsequent to the time stated will
be returned unopened. Prior to the time stated any proposal may
be withdrawn at the discretion of the bidder, but no proposal may
be withdrawn for a period of thirty (30) days after bids have
been opened, pending the execution of contract with the
successful bidder.
IB-02.
EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy
himself as to the nature and location of the work, the
conformation of the ground, the character, quality and quantity
of the facilities needed preliminary to and during the
prosecution of the work, the general and local conditions, and
all other matters which can in any way affect the work or the
cost thereof under the contract. No oral agreement or
conversation with any officer, agent, or employee of the Owner,
either before or after execution of the contract, shall affect or
modify any of the terms or obligations therein"
IB-03.
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans,
specifications or other pre-bid documents will be made to any
bidder orally"
Every request for such interpretation should be in
writing addressed to Max Hicks, Augusta-Richmond County utilities
Department, 2760 Peach Orchard Road, Augusta, GA 30906, and to be
given consideration must be received at least five days prior to
the date fixed for the opening of bids. Any and all such
interpretations and any supplemental instructions will be in the
form of written addenda to the specifications which, if issued,
will be sent by certified mail with return receipt requested to
all prospective bidders (at the respective address furnished for
such purposes), not later than three days prior to the date fixed
for the opening of bids. Failure of any bidder to receive any
such addendum or interpretation shall not relieve such bidder
from any obligation under his bid as submitted. All addenda so
issued shall become part of the Contract Documents.
IB-1
IB-04.
PREPARATION OF BIDS
Bids shall be submitted on the form provided and must
be signed by the bidder or his authorized representative. Any
corrections to entries made on bid forms should be initialed by
the person signing the bid.
Bidders must quote on all items appearing on the bid
forms, unless specific directions in the advertisement, on the
bid form, or in the special specifications allow for partial
bids. Failure to quote on all items may disqualify the bid. When
quotations on all items are not required, bidders shall insert
the words "no bid" where appropriate.
Alternative bids will not be considered unless
specifically called for.
Telegraphic bids will not be considered. Modifications
to bids already submitted will be allowed if submitted by
telegraph prior to the time fixed in the Invitation for Bids.
Modifications shall be submitted as such, and shall not reveal
the total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships
will be signed by all owners. Bids of corporations will be signed
by an officer of the firm and his signature attested by the
secretary thereof who will affix the corporate seal to the
proposal.
IB-OS.
BASIS OF AWARD
The bids will be compared on the basis of a total
prices as determine from extension of the individual items and
their unit prices which will include and cover the furnishing of
all material and the performance of all labor requisite or
proper, and completing of all work called for under the
accompanying contract, and in the manner set forth and described
in the specifications.
Estimated quantities are included in the bid items of
the proposal for the purpose of comparing bids. It is the
responsibility of the contractor to notify the owner of any
differences in the quantities bid and those actually encountered
in the field. The actual payment will be based on the quantities
in place at project completion. In case of error in extension of
prices, unit prices, as bid, will govern.
IB-2
IB-06.
BIDDER'S OUALIFICATIONS
No proposal will be received from any bidder unless he
can present satisfactory evidence that he is skilled in work of a
similar nature to that covered by the contract and has sufficient
assets to meet all obligations to be incurred in carrying out the
work. He shall submit with his proposal, sealed in a separate
envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving
reliable information as to working capital available, plant,
equipment, and his experience and general qualifications. The
Owner may make such investigations as are deemed necessary to
determine the ability of the bidder to perform the work and the
bidder shall furnish to him all such additional information and
data for this purpose as may be requested. The owner reserves the
right to reject any bid if the evidence submitted by the bidder
or investigation of him fails to satisfy the Owner that such
bidder is properly qualified to carry out the obligations of the
contract and to complete the work contemplated therein. Part of
the evidence required above shall consist of a list of the names
and addresses of not less than five (5) firms or corporations for
which the bidder has done similar work.
IB-07.
PERFORMANCE BOND
At the time of entering into the contract, The
Contractor shall give bond to the Owner for the use of the Owner
and all persons doing work or furnishing skill, tools, machinery
or materials under or for the purpose of such contract,
conditional for the payment as they become due, of all just
claims for such work, tools, machinery, skill and materials, for
the completion of the contract according to it's terms for saving
the Owner harmless for all cost and charges that may accrue on
account of the doing of the work specified, and for compliance
with the laws pertaining thereto. Said bond shall be for the
amount of the contract price. The surety must be a substantial
surety company satisfactory to the Owner and authorized by law to
do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each
copy thereof a certified and effectively dated copy of their
power of attorney.
IB-08.
REJECTION OF BIDS
These proposals are asked for in good faith, and awards
will be made as soon as practicable, provided satisfactory bids
are received. The right is reserved, however to waive any
informalities in bidding, to reject any and all proposals, or to
accept a bid other than the lowest submitted if such action is
deemed to be in the best interest of the owner.
IB-3
MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Richmond County Board of
Commissioners to increase the involvement of qualified minority
and economically disadvantaged business in the contracted work of
County Government.
In an effort to support this intention, this project is
offered to gl1 qualified firms. The bids will be evaluated based
on qualifications, price and construction time. with all other
items being considered equal, the contract, if awarded, will be
awarded to a minority and economically disadvantaged firm that
has included such firms as subcontractors on this project.
The bidders shall include with their bid a statement of
qualification for themselves and/or any qualified subcontractors
explaining why they should be considered a minority or
economically disadvantaged firm. If the firm does not fall into
this category, no information is necessary.
ME-I
SPECIAL CONDITIONS
1. SCOPE:
This project covers the installation of approximately 10,040 LF of 20" Water Main from an
existing line at Milledgeville Road along Barton Chapel Road to an existing line at U.S. Highway
#1 in accordance with the attached plans and these specifications. The contractor shall supply all
materials, equipment, labor, supplies and supervision necessary to properly complete this project
as specified. The contractor is responsible for obtaining all permits and licenses, paying all fees
and complying with all local, state and federal requirements.
2. SPECIFICATIONS:
This project is based on and shall be constructed in accordance with the State of Georgia
Department of Transportation Standard Specifications for Construction of Roads and Bridges,
1993 Edition, the Augusta-Richmond County Water and Sewer Standard Specifications, OSHA
requirements and the attached specifications. All of these specifications shall be considered as
though fully contained herein. In all cases where conflicts arise within these specifications, they
will be revised to resolve such conflict. Until the conflict is resolved, the adherence to the
application of the stricter of the specifications shall control the situation.
3. DETAILS:
Standard drawings of Georgia Department of Transportation will be used for all detail work
unless otherwise specified.
4. RIGHT OF WAY:
The contractor shall not perform any work outside the limits of the right of way except where
specific easements are shown. In addition, no equipment or material shall be placed outside the
right of way without written permission of the property owner and the Engineer's Representative.
5. DESIGN ALTERNATIONS:
The County recognizes the various changes in design, along with added detail drawings may be
made as the project progresses. Any requests for additional payment will be processed based on
actual work in place and the unit prices submitted as a part of this bid. Items not covered shall be
priced separately and no work will be done on these items until approved, in writing by the
County's authorized representative.
6. FIRE HYDRANTS:
Installation of fire hydrants includes the tee, pipe, valve, hydrant, blocking and all required
appurtenances installed as required by the specifications.
SP-l
7. DRIVEWAYS:
All driveways shall be repaired in kind. For asphalt driveways, the contractor shall resurface the
driveway from the edge of pavement to the end of the asphalt or the right of way line whichever is
shorter.
8. PIPE:
The installation of the pipe shall include all excavation, materials, placement, fittings, connections,
backfill, chlorination, testing and acceptance. Corrosion control for the pipe shall be included in
the unit price. Connection to the existing lines shall be completed with minimum interruption in
service. The contractor shall coordinate all service interruptions with the owner 48 hours in
advance of the interruption.
9. PRECONSTRUCTION:
A pre-construction meeting will be held to discuss the procedures to be followed. Date and time
of this meeting will be set after award of the bid.
10. ROAD CUTS:
The road crossings are intended to be by open cut. The Contractor shall comply with all
conditions of the utility encroachment permit from the Augusta-Richmond County Department of
Public Works before beginning construction.
11. EXCESS MATERIAL:
All excess material is to be disposed of as directed by the Engineer. No excess material shall be
placed within 150' of a drainage crossing without specific authorization, in writing.
12. FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this project are to be
returned to the pre-existing shape and slope and then finished and dressed. No separate pay will
be made for grassing, fertilizing and mulching of disturbed areas.
13. FOUNDATION AND BACKFILL, TYPE I:
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No separate pay
item will be made for this material or its placement.
SP-2
14. TRENCHING:
This project calls for installation of 20" pipe by the open-cut or trenching method parallel to the
flow of traffic. The work shall be so scheduled that not more than 500 feet of trench shall be open
at one time. The contractor is cautioned to use proper and safe construction methods in
construction of this project. The Contractor is held fully responsible for the safe prosecution of
the work at all times.
15. LUMP SUM CONSTRUCTION:
Lump sum construction includes, but is not limited to, removal and replacement of mail boxes,
fences, walls, driveways and specified shrubbery, as well as traffic control and project
coordination with all agencies and individuals.
16. VERTICAL GRADES:
No existing or design grades are provided on this project. It is the Contractor's responsibility to
provide his own grades, if he so desires.
17. OPERATION AND STORAGE AREAS:
The location of all operations of the Contractor (including storage of materials) shall be
approved by the OWNER.
18. COORDINA TION OF WORK WITH OWNER:
The Contractor shall coordinate and schedule his work such that no conflict will exist with the
Owner in the operation of his facilities.
19. CONTRACT DOCUMENTS AND DRAWINGS:
Drawings: The Engineer will furnish to the Contractor, free of charge, all copies of the drawings
and specifications reasonably necessary for the execution of the work. Location of all features of
the work included in the contract are indicated on the contract drawings. The drawings on the
cover sheet comprise the plans for this contract.
20. CONTRACTOR'S FIELD OFFICE:
The Contractor shall maintain a field office on the site of the work which contains a telephone, the
contract documents, and the contractor's records. In addition, another office shall be
equipped with a telephone, file cabinets for project records, a table for reference of construction
plans, storage space for project Plans and specifications and other furnishings as required for the
exclusive use of the Owner's project representative who will be assigned to this project.
SP-3
21. TEMPORARY SANITARY FACILITIES:
Upon commencing work, the Contractor shall provide temporary screened and shielded sanitary
privies in a manner meeting the approval of the Engineer. Facilities shall be maintained in a
sanitary condition by the Contractor and in compliance with the requirements of authorities
having jurisdiction. All temporary facilities shall be removed by the Contractor and the area
returned to its original condition prior to acceptance of the completed project.
22. RIGHT OF WAY:
The Contractor shall not enter on or occupy with men, tools, equipment, or materials, any
ground outside the limits of Owner's property or construction easements without written consent
of the Owner of such property.
23" EXISTING STRUCTURES AND UTILITIES:
It is mandatory that the Contractor locate all previously placed underground installations and
construction prior to his engaging in any work in areas where such improvements may exist. The
Contract drawings indicate general locations of such existing improvements solely for the purpose
of initial and general representation thereof, The Owner and Engineer have not verified locations
of these improvements as a basis for locations displayed on the drawings. All utilities and
improvements must the located and flagged by the Contractor prior to commencing work. Flags
must be maintained and based upon actual field determinations. The Owner's project inspector
must be notified before any work begins in vicinity of existing underground improvements.
The Contractor shall be held responsible for any damage and for maintenance and protection
of existing construction and utilities. All damaged construction, utilities or improvements shall be
restored to the original or better condition in which they were discovered.
24. TRAFFIC SAFETY:
The Contractor will be held responsible for any damages caused by negligence on his part, or by
the improper placing of or failure to display danger signs and road lanterns; all traffic lanes will be
kept open and clear at all times and no excavated material or equipment will be placed on
pavement during construction.
The Contractor shall provide all temporary traffic control devices needed to safely direct traffic
through the construction area. The Contractor shall replace all signs that may be moved as a result
of the construction.
All temporary traffic control devices are to be placed in accordance with GA. D.O.T. Standards
and Specifications.
The Contractor shall so conduct his operations that there will be a minimum of interference with
or interruption of traffic upon and along the highway. This applies to the initial installation and the
continuing maintenance and operation of the facility. At least one-way, alternating traffic shall be
SP-4
maintained at all times unless approved otherwise by the Engineer. As a minimum, the contractor
must comply with the manual on Uniform Traffic Control Devices, current edition and Georgia
Standard 9102.
25. UTILITIES:
The Contractor shall provide for temporary utilities for construction operations. Potable water is
available from hydrants. The Contractor shall make provisions for telephone service with the
phone company. Electric power for construction operations shall be provided by the Contractor
by arrangement with Georgia Power Company. The Contractor shall make suitable arrangements
to provide fuel for temporary heating and/or other construction operations as necessary.
The Contractor's attention is directed to the probability of encountering public and private utility
installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas
and underground telephone cables that either are obstructions to the prosecution of the work and
need to be moved out of the way or, ifnot, must be properly protected during construction. No
separate payment will be made for this work.
26. ESTIMA TE OF QUANTITIES:
Estimated quantities of work to be done and materials to be furnished under this Contract if
shown in any of the documents including the BID, are given only to indicate approximately the
scope of the Contract; variation of the quantities reasonably necessary to complete the work
contemplated by this Contract shall, in no way, vitiate this Contract, nor shall any such variation
give cause for claims or liability for damages.
Measurement and payment shall be made in accordance with the Standard Specifications on a unit
price basis. The quantities included in the schedule of items are approximate and subject to
change. All changes will be made at the unit price, as bid.
27. SURVEYS:
The Contractor shall make his own surveys and establish his own working lines and grades from
the basic reference lines established by the Engineer. The Contractor shall maintain a benchmark
on site. At each structure, a physical check of installed inverts and/or floor elevations shall be
made and the elevations recorded and furnished to the Engineer.
28. DIMENSIONS:
Dimensions shown in figures or which can be determined by computation from other figures
shown, shall take precedence over dimensions scaled from the drawings. When the work of the
Contractor is affected by finished dimensions, these shall be determined by the Contractor at the
site and the shall assume the responsibility therefor.
SP-5
29. EROSION AND SEDIMENT CONTROL:
The Contractor will be required to schedule his work and perform operations in such a mariner
that siltation and bank erosion will be minimized during all phases of construction. Any areas
disturbed during the course of construction shall be restored to a condition equal or better than
the original condition. Grassing of disturbed areas shall be the minimum acceptable restoration.
Silt control devices such as straw bale fences and/or silt fence weigh~ filter fabric shall be installed
to limit migration of silt to the water courses. Erosion Control devices such as mats, grass,
mulch, and crushed stone shall be installed to protect adjoining areas from soil contamination.
Compliance with the guidelines of the Manual for Erosion and Sedimentation Control in
Georgia, pursuant to the Erosion and Sedimentation Act of1975, shall apply as though fully set
forth therein.
Permanent erosion control measures for this site include moderate slopes, pavement, and
permanent grassing. The Contractor shall strive to expedite completion of the permanent
measures and shall keep the temporary measures in place until a satisfactory grass cover is
establisbed. Sediment and erosion control materials shall be as specified in Section Tl, Site
work end Section T7, Grassing.
30. SAFETY AND HEALTH REGULATIONS:
The Contractor shall comply with the Department of Labor Safety and Health Regulations for
construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and
under Sec. 107 of the Contract Work Hours and Safety standards Act (PLSI-54).
The Contractor shall comply with all local state and federal requirements for the safe prosecution
of the work. Special measures shall be taken to protect the property owners, their guests, children
and pets.
31. SUB-SURFACE INVESTIGATION:
A soils investigation is not available for this site.
SP-6
SECTION A
AGREEMENT
THIS AGREEMENT, made on the 10th day of October , 19~,by
and between Augusta-Richmond County Commission-Council
party of the first part, and Blair construction, Inc.
hereinafter called the Contractor.
WITNESSETH, that the Contractor and the Owner, for the
consideration hereinafter named, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all the materials
and all of the equipment and labor necessary, and to perform all
of the work shown on the plans and described in the
specifications for the project entitled:
20" Water Main Extension along Barton Chapel Road
Project: ARC # U-96-052
and in accordance with the requirements and provisions of the
Contract Documents as defined in the General and Special
Conditions hereto attached, which are hereby made a part of this
agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work performed under this Contract shall be commenced
within ~ calendar days after the date of written notice by the
Owner to the Contractor to proceed" The work shall be completed
within~ working days after the date of such notice and with
such extensions of time as provided for in the General
Conditions"
It is hereby understood and mutually agreed, by and between
the Contractor and the Owner, that the date of beginning, rate of
progress and the time of 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 thereof within the time specified. It is expressly
understood and agreed by and between the Contractor and the
owner, that the time for the completion of the work described
herein is a reasonable time for completion of the same, taking
into consideration the average climatic range and construction
conditions prevailing in this locality.
A-l
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE
THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor
does hereby agree, as a part of the consideration for the
awarding of this Contract, to pay the Owner the sum of $100.00
per day, not as a penalty, but as liquidated damages for such
breach of contract as hereinafter set forth, for each and every
calendar day that the Contractor shall be in default after the
time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages
the Owner would, in such event, sustain, and said amounts shall
be retained from time to time by the Owner from current
periodical estimates.
It is further agreed that time is of the essence of each and
every portion of this Contract and the specifications wherein a
definite portion and certain length of time is fixed for the
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 this
Contract.
ARTICLE III - PAYMENT
(a) The Contract Sum
The Owner shall pay to the Contractor for the
performance of the Contract the amount as stated in the Proposal
and Schedule of Items. No variations shall be made in the amount
except as set forth in the specifications attached hereto.
(b) Progress Payments
On not later than the fifth day of every month, the
Contractor shall submit to the Owner's Engineer an estimate
covering the percentage of the total amount of the Contract which
has been completed from the start of the job up to and including
the last working day of the preceding month, together with such
supporting evidence as may be required by the Owner and/or the
Engineer. This estimate shall include only the quantities in
place and at the unit prices as set forth in the Bid Schedule.
On not later than the fifteenth day of each month, the
Owner shall after deducting previous payments made, pay to the
Contractor 90% of the amount of the estimate on units accepted in
place. The 10% retained percentage may be held by the Owner until
the final completion and acceptance of all work under the
Contract.
A-2
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(a) Upon receipt of written notice that the work is ready
for final inspection acceptance, the Engineer shall within 10
days make such inspection, and when he finds the work acceptable
under the Contract and the Contract fully performed, he will
promptly issue a final certificate, over his own signature,
stating that the work required by this Contract has been
completed and is accepted by him under the terms and conditions
thereof, and the entire balance found to be due the Contractor,
including the retained percentage, shall be paid to the
Contractor by the Owner within 15 days after the date of said
final certificate"
(b) Before final payment is due, the Contractor shall
submit evidence satisfactory to the Engineer that all payrolls,
material bills, and other indebtedness connected with work have
been paid, except that in case of disputed indebtedness or liens
the Contractor shall submit in lieu of evidence of payment a
surety bond satisfactory to the Owner guaranteeing payment of all
such disputed amounts when adjudicated in cases where such
payment has not already been guaranteed by surety bond"
(c) The making and acceptance of the final payment shall
constitute a waiver of all claims by the Owner, other than those
arising from unsettled liens, from faulty work appearing within
12 months after final payment, from requirements of the
specifications, or from manufacturers' guarantees" It shall also
constitute a waiver of all claims by the Contractor except those
previously made and still unsettled.
(d) If after the work has been substantially completed,
full completion thereof is materially delayed through no fault of
the Contractor, and the Engineer so certifies, the Owner shall
upon certification of the Engineer, and without terminating the
Contract, make payment of the balance due for that portion of the
work fully completed and accepted"
Each payment shall be made under the terms and
conditions governing final payment, except that it shall not
constitute a waiver of claims.
A-3
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement in three (3) counterparts, each of which shall be
deemed an original, in the year and day first mentioned above.
(owner)
By:
~
SEAL
ThlI doc\ltIltnl 'PP'ove~ as
~ntl~Ij:'
~L) ~ 7
y ,
(Contractor, Blair Construction, Inc.)
By: uJ4~ I?~
Title:
~~E:.S. IDEAlT
~D.~~ ??O
E:\/.AJ.JS, C:.c.op {'./A. ;v)~O~
Address:
S El'~L
Attest:
s~~~ ~o~
~dL.Jt/'R&~~ ~
Witness
A-4
.~
.'
THE AMERICAN INSTITUTE OF ARCHITECTS
.
158 929 452
AlA Document A311
Performance Bond
KNOW All MEN BY THESE PRESENTS: that Blair Construction, Inc.
IH~r~ In'~rl full nam~ and addr~u or I~sal IIII~ 01 Conlraclor)
PO Box 770, Evans, Georgia 30809
as Principal, hereinaftp.r called Contractor, and, National Fire Insurance Company of
(H~r~ in.~rl lull nam~ and addr~" or )~sal till~ of su,~ty)
Hartford, CNA Plaza, Chicago, Illinois 60685
as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County
(H~r~ in.~rl full na_ and add'~n or '~sal "tip of Own~,)
Commission, 530 Greene StlMunicipal Building, Augusta, Georgia 30911
as Obligee, hereinafter called Owner, in the amount of
Five Hundred Twenty Thousand
Seven Hundred Fifty-Five and 75/100s---------- Dollars ($ 520,755.75 ),
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
(H~r~ insprl full namp. add,pu and dpscriplion of projpctl
19
, entered into a contract with Owner for
20" Water Main Extension, Barton Chapel Road
in accordance with Drawings and Specifications prepared by Southern Partners, 1233 Auausta
IHprp ,nspr' full namp and addrpss or Ipsa' lillp of ArchltRtI
West Parkway, Augusta, Georgia 30909 PH: 706-855-6000
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
Cis by ~~ 4), ~~ident agent
A'A DOCUMENT A311 . PERFORMANCE BOND AND lABOR AND MA HRIAl PAYMENT BO!'o;D . AlA @I
FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS. 171'; ~Y A\'(. N.W.. WASHINCTON. 0 C 20006
1
..
PERFORMANCE BOND
,
NOW, THfltEFOltf, THf CONDITION 0' THIS olilCATION Is' such th~t, i"Contra~tonh." promplly andf.ithfu'lly p"rform
s~id Contr~ct, Ihen this oblig~lion sh~" be null ~nd void. Olhl'rwl~e ;1 shall rem~,n ,n (ull (orce and effeCI
Blair Construction, Inc.
11.)- ~~ ~')~I .. '''"nU,I,J'1
fWI'nrS5' ~~.hY\ ~ .~
I ri"rl
Tht Surety hereby waives notice o( .ny .lte"tlon or
exlen~ion of lime m.de by Ihe Owner.
Whenever Contractor sh.1I be, .nd declared by Owner
to be in def~ult under the Contract. the Owner h~ving
performed Owner's obligations thereunder, the Surety
may promptly remedy Ihe def.ull, or sh.II promptly
,) Complete the ContrlCt in .(cord,nc. with iu terms
and conditions, or
2) Obt.ln a bid or bids for completlna the Contract in
accordance with Its terms and conditions, and upon de.
termin.tion by Surety of Ihe lowesl responsible bidder,
or, if the Owner elects, upon delermin'"0n by Ii'll'
Owner .nd the Surety jointly of the lowest responsible
bidder, arrange for a conlr.CI between such bidder .nd
Owner, and m.ke available as Work progresses (even
thoush thert should. be a def.ull or . succession of
Siped and Jelled this
day o(
(!~.....
7l1~IWIl."'J
,/ . .
defaults .unde, Ihe CO~Iract or conttlC'!~ of completion
arranged under this pd(J~raph) suffiCient funds 10 pay the
cosl of complelion less Ihe bal.nce of Ihe contr,cl price;
but not exceedin~. includinR olher costs ~nd d"m.l!:('s
(or which Ihe Surely mdY br liable- hereunder. Ihe JmOUnl
sel fOrlh ,n Ihe ("\1 pdla.:rJph hf"rof The lerm '.bdIJnCl'
of Ihe (onlra("1 pille," J\ u~ed In Ihos pJ'as,aph. \h~11
mun lh~ 10t.1 .mounl p.yable by Own~r 10 COnlrHlor
under Ihe ConlrHI .nd .ny olmendm~nh Ih~/elo, I~H
Ihe .~ount properly p.id by Owner 10 COnlr.clor,
Any suit und~r this bond musl b~ tnQituled b~lo/e
Ihe expllilion of IwO 121 ve.rs from the dale on which
fin~l-piymenl under the ContriCl lills due.
No flghl of ~ction shall accrue on Ihls bond 10 or (or
the use of ~ny person or corpor,,110n olher Ihan tht'
Owner n~med hert',n n, Ihe heirs. executors. .ldm,n,\.
Ir.tors or successors of Ihe Owner.
19
-I~
National F!r'e"Insuiancecompany of
I Hartford 1.<."."., .,.."
~ <<"~"
Buck Leigh .
. 1,',1/,.,
~
Attorney~ln-Fact
AlA DOCUMfNT 4311 . I"fUORMANCE 80NO AND lA80R AND MAl(R1M PAVM(NT BONn . AlA ..
r(IIw.UARY 1<'170 [I) . TH[ AMlW,ICAN INS111UTl Of ARO.,IT[Cl\ 11)\ N Y Avi .... W. WA>H'....CI()N 0 c I~
2
.. .
..
/
.'
THE AMERICAN INSTITUTE OF ARCHITECTS
.
AlA Document A311
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW All MEN BY THESE PRESENTS: that Blair Construction, Inc.
(Here in\et! full name and addrell or legal Illle oj Contractor)
PO Box 770, Evans, Georgia 30809
as Principal, hereinafter called Principal, and, National Fire Insurance Company of
(Here inset! lull name and addreH or lesal title of Surely)
Hartford, CNA Plaza, Chicago, Illinois 60685
as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County
(Here in\et! full name and addren or lega' IlIle of Owner)
Commission, 530 Greene St./Municipal Building, Augusta, Georgia 30911
as Obligee. hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
Five Hundred Twenty Thousand Seven Hundred
amount of Fifty-Five and 75/100s
(Here insert a sum equ.llo .1 lust one.h.1I al Ihe conlraCI price) Dollars ($ 520,755.75 ),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated
(Here insert lull name. addrell and description 01 projecll
19
, entered into a contract with Owner for
20" Water Main Extension, Barton Chapel Road
in accordance with Drawings and Specifications prepared by Southern Part.ners 1 ?~3 Auausta
(Here inlert fun name ano .C1efrell of legt! Tilre of ArdiitRtJ
West Parkway, Augusta, Georgia 30909 PH: 706-855-6000
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AlA @)
FEBRUARY 1970 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D. C 20006
3
WARNING: UnllcenHd photocopying vlolatel U.S. copyright 1_ and Illub/ect to legal prosecution,
p
LABOR AND MATERIAL PAYMENT BOND
,
NOW, TtHW(lIl[, TH[ CONDITION 0' THIS OBlICATION 'is such rhal, if Principii! sh.:lll promptly ",ilke pilymenl 10 all
c1.1imilnts .1\ hereinJlter defined, (or ill labor and millcrial used or rei~onably required for u~e in the pedormJncc o( the
Conll.1<.'I. then Ihis oblig.1lion sh..II be void; otherwise it shall remain in (ull (orce .lnd effecI, subject, however, 10 the fol.
lowin,; condilions;
,. ^ c10limilnl is defined IS on. having I direcl con.
tract wilh the Principii or with i Subcontractor o( I~e
Principii' lor l.:lbor, m.1leriil. or bOlh, used or reasonJbly
required lor use in the performolnce 01 the ControlCl.
Iilbor ilnd mollelioll beinR construed 10 include tholt pari 01
W.1tel, gH, rOWel, light. hut. oil, Rasoline, telephone
selvice or renlJI 01 equipment direClly appl!colble 10 lhe
COntrilCI.
2. The .:lbove nolmed Principal and Surely hercby
jOinlly and se\'erollly agree wi.h the Owner Ih.:ll eVl!ry
c1.limJnl H herein defined, who h.ls nOI been polid in
(ull befole Ihe expir.llion o( a period of ninl!ly (90)
d.lys ;llIl:r Ihe d.lle on which Ihe IUI of such cl,)imilnrs
\Yor~ or l.lbor W.lS done or performed, or miltt'ri.lh WNC'
furnished by such cl"im.lnl. moly sue on this bond lor
the U\f of such c1i1jmanl, prmecule Ihe sui' 10 fin.:ll
judS'menl for such sum or ~ums OlS mOlY be justly due
c1i1im.lnl, .1nd hJve execulion Ihereon. The Owner Sllolll
nOI be li.1ble lor Ihe p~ymenl of iny com or cxpensC's
of .lny such SUil,
3. No suil or Olclion ShOlIl be commenced hereunder
by .lny c1aimilnl:
at Unless cl.:limanl, olher Ih.:ln une hilving il direcl
conlr.lCl wilh the Principii, sh.lll have given wrillen
nOlice 10 any IwO of Ihe following: ,he PrincipOlI. Ihe
Owntr. 01 Ihe SUlely Olbove nOlnH:d, wilhin ninely (90)
d.lys Jllel su(h claimant did or performed Ihe: lau of
Ihe .....ork or I"nor. or (urnished lhe lasl of Ihe materials
for 'which SOlid claim is mOlde, sliting wilh substantial
Sisned and scaled this
day of
(115J~.~/JI
(Wi'nl'ul
accuracy the amount claimed Olnd Ihe nOlme o( Ihe piny
10 whom lhe miteriJls werr lurnished, or for whom
lhe work or Jibor was donl' or perlolmec1 Such nOlice
shall be served by mililin!; the \,lme by Il's'sleled m~il
or certified mail, post.1ge r)lC'rHid, in .1n envelope ad.
dressed 10 the Principal. Owner or SUlely. .II any place
where an office is rel;ularly mainlained lor Ihe lrans-
aClion of business. or selved in .1ny m.lnncr in which
!egal process may be served in Ihe stale In which the
aforesaid projecl is localed, Solve Ih;!1 such service need
not be made by .l public O((,Ct'r
b) Mlcr Ihe eXpirollion 01 one (1) ye.lf ill/lOWing lhe
dJIC on which PrinCI()oll Cl'.lH'd Wo,k on s.lld Conllacl.
il beinl: underslood. hOWeYl'l. IhJI il Jny l'IIlII.lllon em.
bodied in Ihis bond is prohlbllcd by Olny 1.1w conllolllng
lhe conslruclion hereof Hleh I,mllalion ~h.lll be deemed
10 be amended so as 10 be eftll,ll In lhe m,lllll1Um peliod
of limil.llion permillec1 uy sUlh I.lW.
c) Olher Ih.ln in a Slolle C(1I111 of COmpell'i\1 jurisdiction
in and for the counly or other polilic.)1 subdlyi~ion 01
the Slale in which Ihe Project, or iny p.ln thereof, is
siluOlled, or in Ihe Uniled SI.1leS OiuriCI COUll for the'
districl in which the Project. 01 any part Ihereo(, is sit.
uated, and not elsewhere.
4. The Jmount of this hond ShOll! b~ 1('e1uced by and
to Ihe exlenl of any paymenl or p.lymei\IS ll1.lclc in Rood
(.lith hereunder, inclu~ive 01 the paymel\l by SUlety 01
mechJnics' liens which mJy be filed of r('cord againsl
SOlid improvemenl, whether or nOl clOlim for Ihe amount
of such lien be presented under and ag.lin~l Ihis bond.
19
IS,. II
W..-l p~ 12.NV\
((~~
mllc"
National Fire Insurance Comoanv of
I Ha r tf 0 r d IS."",,I ,.....
B!:(.;:::9':~ mI.') Attorney-in-Fact
<
11l..~ "jtJ,Wil.,...1
All. DOCUMeNT 1.311 . "OUORMANcr OOND AND lAnOIl ANI) MATCIl/At "AYMINT ROND . ^I^ $
rIUIlU^KY 1~7(J (I).. THI AMIRIt:AN INSTITuTE Uf AKt:HIHC1S, 17.J\ N.Y. AYC.. N.W.. WASHINC!ON. () C /lWl()(,
4
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUAL TV COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUAL TV COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
James D. Thaxton, Theodore J. Marek, Buck Leigh, G.A. Weathersby, Individually
of Columbia, South Carolina
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attomey, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attomey is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 21 st day of January , 1997
CONTINENTAL CASUAL TV COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUAL TV COMPANY OF READING, PENNSYLVANIA
~~
M.C. Vonnahme
Group Vice President
State of Illinois, County of Cook, ss:
On this 21 st day of January , 1997 ,before me personally came
M. C. Vonnahme , to me known, who, being by me duly swom, did depose and say: that he resides in the Village of Darien ,State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUAL TV COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he
knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporations.
.!!S~ 't. p.s,..
~r:='
~, ~.
Co.
My Commission Expires June 5, 2000
CERTIFICATE
\.~1.P~
Eileen T. Pachuta
Notary Public
I, Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUAL TV COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attomey herein above set forth is
still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still
in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this day of
(Rev.7114/95)
CONTINENTAL CASUAL TV COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUAL TV COMPANY OF READING, PENNSYLVANIA
/fA-Pt7
Robert E. Ayo
Assistant Secretary
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company.
"Article IX~xecutlon of Documents
Section 3. Appointment of Attorney-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or
Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject
to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President
or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously
given to any attorney-in-fact.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed
and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company.
"Article Vl-Executlon of Obligations and Appointment of Attorney-in-Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations
set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time
revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any
power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and
sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue
to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993
by the Board of Directors of the Company.
"RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time
to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective
certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attorney-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on
February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to
any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or
undertaking to which it is attached, continue to be valid and binding on the Corporation."
GENERAL CONDITIONS
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
~m~ Thk P~e
DEFINITIONS....................................... .. .... ......... 7
2 PRELIMIN AR Y MA TIERS ........................................ 8
3 CONTRACT DOCUMENTS:
INTENT, AMENDING AND REUSE............................... 9
4 A V AILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS....................................;......... 10
5 BONDS AND INSURANCE....... ................................. 11
6 CONTRACTOR'S RESPONSIBILITIES ........................ .... 14
7 OTHER WORK ..................................................... 18
8 OWNER'S RESPONSIBILITIES.................................... 19
9 ENGINEER'SSTATUSDURINGCONSTRUCTION .............. 19
10 CHANGES IN THE WORK........ ................................. 21
11 CHANG E OF CONTRACT PRICE........... ...... .. ..... .. .. ...... 21
12 CHANGE OF CONTRACT TIME ................................... 24
13 WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS; CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK ........................... 24
14 PA YMENTS TO CONTRACTOR AND COMPLETION ............ 26
15 SUSPENSION OF WORK AND TERMINATION .................. 29
16 ARB ITRA TI 0 N ..................................................... 31
17 MISCELLANEOUS................... ........ ...................... 32
3
INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Acceptance ofInsurance ............................. 5.13
Access to the Work .................................. 13.2
Addenda-delinition of (see delinition of
Specifications) ........................................ 1
Agreement-delinition of ................................ 1
All Risk Insurance.......................,............. 5.6
Amendment. Written ............................. 1. 3.1.1
Application for Payment-delinition of .................. 1
Application for Payment. Final ...................... 14.12
Application for Progress Payment .................... 14.2
Application for Progress Payment-review of .... 14.4-14.7
Arbitration ...........-.................................. 16
Authorized Variation in Work ......................... 9.5
A vailability of Lands ................................... 4.1
Award, Notice of -de lined .............................. 1
Before Starting Construction ...................... 2.5-2.7
Bid-delinition of ....................................... 1
Bonds and Insurance-in general .......,................ 5
Bonds-<ielinition of ........... . . . . . . . . . . . . . . . . . . . . . . . . .. 1
~onds, Delivery of ............................... 2.1. 5.1
Bonds, Performance and Other.................... 5.1-5.2
Cash Allowances ..................................... 11.8
Change Order-delinition of ............................. 1
Change Orders-to be executed ...................... 10.4
Changes in the Work ................................... 10
Claims, Waiver of-on Final Payment ............... 14.16
Clarifications and Interpretations ...................... 9.4
Cleaning ............................................. 6.17
Completion............................................. 14
Completion. Substantial ......................... 14.8-14.9
Conference. Preconstruction .......................... 2.8
Conflict. Error. Discrepancy-Contractor
to Report ...................................... 2.5,3.3
Construction Machinery. Equipment. etc. ............. 6.4
Continuing Work ..................................... 6.29
Contract Documents-amending and
supplementing .................................. 3.4-3.5
Contract Documents--definition of .................... ~. 1
Contract Documents-Intent ...................... 3.1-3.3
Contract Documents-Reuse of .......................3.6
Contract Price, Change of .............................. 11
Contract Price-delinition ............................... I
Contract Time, Change of .............................. 12
Contract Time, Commencement of .................... 2.3
Contract Time-delinition of ............................ 1
Contractor-delinition of ................................ 1
Contractor May Stop Work or Terminate ............. 15.5
Contractor's Continuing Obligation.................. 14.15
Contractor's Duty to Report Discrepancy
in Documents .................................. 2.5,3.2
Contractor's Fee-Cost Plus ... 11.4.5.6, 11.5.1, 1 I.~ II. 7
Contractor's Liability Insurance....................... 5.3
Contractor's Responsibilities-in general ................ 6
\
Contractor's Warranty of Title........................ 14.3
Contractors--other ..................,................... 7
Contractual Liability Insurance ........................ 5.4
Coordinating Contractor-delinition of ................ 7.4
Coordination .......................................... 7.4
Copies of Documents. . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . .. 2.2
Correction or Removal of Defective Work ........... 13.11
Correction Period, One Year ........................ 13.12
Correction, Removal or Acceptance of Defective
Work-in general ......... ...:. ..... ........ 13.11-13.14
Cost-net decrease ..............:....:............. 11.6.2
Cost of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11.4-11.5
Costs, Supplemental. .. .. .. .. .. ... .. .. ... .. .. .. .. ... 11.4.5
Day-definition of ,...................................... 1
Defective-definition of ................................. 1
Defective Work. Acceptance of ...................... 13.13
Defective Work, Correction or Removal of .......... 13.11
Defective Work-in general ............... 13,14.7,14.11
Defective Work, Rejecting..........,.................. 9.6
Definitions ........................ ... . . . . .... . . . . . . . . . . .. 1
Delivery of Bonds ..................................... 2.1
Determination for Unit Prices ........................ 9.10
Disputes, Decisions by Engineer................. 9.11-9.12
Documents, Copies of ................................. 2.2
Documents, Record .................................. 6.19
Documents, Reuse ....................................3.6
Drawings-definition of ................................. 1
Easements ............................................ 4.1
Effective date of Agreement-definition of ...... . . . . . . . .. 1
Emergencies ......................................... 6. '?'?
Engineer-definition of .................................. 1
Engineer's Decisions ............................ 9.10-9.12
Engineer's-Notice Work is Acceptable ............. 14.13
Engineer's Recommendation of Payment ...... 14.4, 14.13
Engineer's Responsibilities, Limitations
on ..................................6.6,9.11.9.13-9.16
Engineer's Status During ConstrUction-in general ...... 9
Equipment. Labor, Materials and .................. 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
Explorations of physical conditions. . . . . . . . . . . . . . . . . .. 4.2
Fee, Comractor's-Costs Plus........................ 11.6
Field Order-definition of ............................... 1
Field Order-issued by Engineer................ 3.5.1. 9.5
Final Application for Payment ....................... 14.12
Final Inspection ...................................... 14.11
Final Payment and Acceptance ...................... 14.13
Final Payment, Recommendation of ........... 14.13-14.14
General Provisions .............................. 17.3-17.4
General Requirements-<iefinition of , . . .. . . . . . . . . . . .. . . .. 1
General Requirements-principal
references to ................. 2.6,4.4,6.4,6.6-6.7,6.23
4
Giving Notice ........................................ 17.1
Guarantee of Work-by Contractor................... \3.1
Indemnification....... ...... ...... .. ........ 6.30-6.32.7.5
Inspection, Final .................................... 14.11
Inspection, Tests and. ................................ 13.3
Insurance, Bonds and-in general ....................... 5
Insurance, Certificates of ........................... 2.7, 5
Insurance-completed operations.. .................... 5.3
Insurance. Contractor's Liability ...................... 5.3
Insurance, Contractual Liability ....................... 5.4
Insurance, Owner's Liability .......................... 5.5
Insurance, Property ..........:................... 5.6-5. \3
Insurance-Waiver of Rights ......................... 5.11
Intent of Contract Documents ................... 3.3,9.14
Interpretations and Clarifications ...................... 9.4
Investigations of physical conditions. .. ................ 4.2
Labor, Materials and Equipment .................. 6.3-6.5
Laws and Regulations-definition of ..................... I
Laws and Regulations-general....................... 6.14
Liability Insurance-Contractor's ..................... 5.3
Liability Insurance-Owner's ......................... 5.5
Liens-definitions of ................................ 14.2
Limitations on Engineer's
Responsibilities ..................... 6.6.9.11. 9. \3-9.16
Materials and equipment-furnished by Contractor .... 6.3
Materials and equipment-not
incorporated in Work .............................. 14.2
Materials or equipment-equivalent ................... 6.7
Miscellaneous Provisions ............................... 17
Multi-prime contracts ................................... 7
Notice, Giving of ..................................... 17.1
Notice of Acceptability of Project ................... 14.13
Notice of Award-definition of .......................... I
Notice to Proceed-definition of ......................... I
Notice to Proceed-giving of .......................... 2.3
"Or-Equal" Items... ..... ... ... ...... ... ........ ...... 6.7
Other contractors ....................................... 7
Other work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Overtime Work-prohibition of ... .. .. .... .... ......... 6.3
Owner-definition of .................................... I
Owner May Correct Defective Work................. 13.14
Owner May Stop Work ...............................13.10
Owner May Suspend Work. Terminate .......... 15.1-15.4
Owner's Duty to Execute Change Orders............. 11.8
Owner's Liability Insurance ........................... 5.5
Owner's Representative-Engineer to serve as ........ 9.1
Owner's Responsibilities-in general .................... 8
Owner's Separate Representative at site ............... 9.3
Partial Utilization .................................. 14.10
Partial Utilization-definition of ......................... I
Partial Utilization-Property Insurance............... 5.15
Patent Fees and Royalties ............................ 6.12
Payments. Recommendation of ........... 14.4-14.7,14.13
Payments to Contractor-in general .................... 14
Payments to Contractor-when due ........... 14.4, 14. \3
Payments to Contractor-withholding ................ 14.7
Performance and other Bonds ..................... 5.1-5.2
Permits. ............ ................ ...... ............ 6.13
Physical Conditions ................................... 4.2
Physical Conditions-Engineer's review ............. 4.2.4
Physical Conditions-existing structures............. 4.2.2
Physical Conditions-explorations and reports..... .. 4.2.1
Physical Conditions-possible document change..... 4.2.?
Physical Conditions-price and time adjustments .... 4.2.5
Physical Conditions-report of differing ............. 4.2.3
Physical Conditions-Underground Facilities.......... 4.3
Preconstruction Conference ........................... 2.8
Preliminary Matters ..................................... 2
Premises. Use of ................................6.16-6.18
Price. Change of Contract .............................. II
Price-Contract-definition of ............................ I
Progress Payment, Applications for................... 14.2
Progress Payment-retainage ......................... 14.2
Progress schedule ............... 2.6,2.9.6.6,6.29, 15.2.6
Project-definition of .................................... I
Project Representation-provision for ................. 9.3
Project Representative, Resident-definition of .......... 1
Project, Starting the ................................... 2.4
Property Insurance............................... 5.6-5. \3
Property Insurance-Partial Utilization ............... 5.15
Property Insurance-Receipt and Application
of Proceeds................................... 5.12-5.13
Protection, Safety and ........................... 6.20-6.21
Punch list ........................................... 14.11
Recommendation of Payment.................. 14.4, 14.13
Record Documents ................................... 6.19
Reference Points ...................................... 4.4
Regulations. Laws and ............................... 6.14
Rejecting Defective Work ............................. 9.6
Related Work at Site .............................. 7.1-7.3
Remedies Not Exclusive ............................. 17.4
Removal or Correction of Defective Work ........... 13.11
Resident Project Representative--<lefinition of .. ...... . .. I
Resident Project Representative-provision for........ 9.3
Responsibilities, Contractor's-in general ............... 6
Responsibilities, Engineer's-in general ................. 9
Responsibilities, Owner's-in general.. .............. . ... 8
Retainage ............................................ 14.2
Reuse of Documents .................................. 3.5
Rights of Way ......................................... 4.1
Royalties. Patent Fees and ........................... 6.12
Safety and Protection. . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.20-6.21
Samples....... .. .............. .. . ... . ........... 6.23-6.28
Schedule of progress ........ 2.6.2.8-2.9,6.6.6.29, 15.2.6
Schedule of Shop Drawing
submissions..... .... .... ...... ... 2.6. 2.8-2.9, 6.23. 14.1
Schedule of values ...................... 2.6.2.8-2.9. 14.1
Schedules. Finalizing... ............................... 2.9
Shop Drawings and Samples..... .. .. .......... .. 6.23-6.28
Shop Drawings-definition of . .. .. . . .. . . .. ...... .. .... .., I
Shop Drawings. use to approve
substitutions...................................... 6.7.3
5
Site, Visits to-by Engineer .....................:.....9.2
Specifications-definition of ............................. 1
Starting Construction, Before...................... 2.5-2.8
Starting the Project .................................... 2.4
Stopping Work-by Contractor ....................... 15.5
Stopping Work-by Owner .... ...................... 13.10
Subcontractor-delinition of ............................. 1
Subcontractors-in general ....................... 6.8-6.11
Subcontracts-required provisions ............5.11.1, 6.11
11.4.3
Substantial Completio~ertilication of .............. 14.8
Substantial Completion-definitfon of .. .. .. . . . . . . . . . . . . .. 1
Substitute or "Or-Equal"ltems ~...................... 6.7
Subsurface Conditions. . . . . . . .. . . . . . . . . .. . . . . . . . . .. 4.2-4.3
Supplemental costs ................................. 11.4.5
Supplementary Conditions-definition of ................ 1
Supplementary Conditions-principal
references to .. 2.2,4.2,5.1.5.3,5,6-5.8,6.3,6.13; 6.23,
7.4,9.3
Supplementing Contract Documents ............... 3.4-3.5
Supplier-delinition of. . . . . .. . . . ... . .. . .. .... . . . . .. ., . . .. 1
Supplier-principal references to ... 3.6,6.5,6.7-6.9, 6.20,
6.24,9.13,9.16,11.8,13.4,14.12
Surety-consent to payment .................. 14.12,14.14
Surety-Engineer has no duty to ..................... 9.13
Surety-notice to .......................... 10.1, 10.5, 15.2
Surety-qualification of ........................... 5.1-5.2
Suspending Work, by Owner ......................... 15.1
Suspension of Work and Termination-in general....... 15
Superintendent-Contractor's ......................... 6.2
Supervision and Superintendence.................. 6.1-6.2
Taxes-Payment by Contractor........ . . . .. .. . . . . .. .. 6.15
Termination-by Contractor.......................... 15.5
Termination-by Owner......................... 15.2-15.4
Termination. Suspension of Work and-in general...... 15
Tests and Inspections ......:.................... 13.3-13.7
Time. Change of Contract .............................. 12
Time, Computation of ................................ 17.2
Time, Contract-definition of ..................... .. ..... 1
Uncovering Work ............................... 13.8-13.9
. Underground Facilities-detinition of .................... 1
Underground Facilities-not shown or indicated..... 4.3.2
Underground Facilities-protection of ........... 4.3.6.20
Underground Facilities-shown or indicated......... 4.3.1
Unit Price Work-detinition of .......................... 1
Unit Price Work-generaI ................. 11.9, 14.1, 14.5
Unit Prices......................................... 11.3.1
Unit Prices. Determinations for....................... 9.10
Use of Premises................................. 6.16-6.18
Utility owners .......................... 6.13, 6.20, 7.2-7.3
Values. Schedule of .........................2.6.2.9,14.1
Variations in Work-Authorized............ 6.25,6.27,9.5
Visits to Site-by Engineer............................ 9.2
Waiver of Claims-on Final Payment................ 14.16
Waiver of Rights by insured parties ............. 5.10, 6.11
Warranty and Guarantee-by Contractor ............. 13.1
Warranty of Title, Contractor's....................... 14.3
Work, Access to ..................................... 13.2
Work-by others ........................................ 7
Work Continuing During Disputes .................... 6.29
Work, Cost of ................................... 11.4-11.5
Work-detinition of ..................................... 1
Work Directive Change-definition of ................... 1
Work Directive Change-principal .
references to ............................ 3.4.3, 10.1-10.2
Work, Neglected by Contractor ..................... 13.14
Work. Stopping by Contractor........................ 15.5
Work, Stopping by Owner....................... 15.1-15.4
Written Amendment-definition of ...................... 1
Written Amendment-principal
references to ..................... 3.4.1,10.1,11.2,12.1
6
GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
Addenda-Written or graphic instruments issued prior to the
opening of Bids which clarify. correct or change the bidding
documents or the Contract Documents.
Agreement-The written agreement between OWN ER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
Application for Payment-The form accepted by ENG 1-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porting documentation as is required by the Contract
Documents.
Bid-The offer or proposal of the bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed.
Bonds-Bid. performance and payment bonds and other
instruments of security.
Change Order-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition. deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Time. issued
on or after the Effective Date of the Agreement.
Contract Docllments- The Agreement. Addenda (which per-
tain to the Contract Documents). CONTRACTOR's Bid
(including documentation accompanying the Bid and any post-
Bid documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement, the Bonds,
these General Conditions, the Supplementary Conditions. the
Specifications and the Drawings as the same are more spe-
cifically identified in the Agreement. together with all amend-
ments. modifications and supplements issued pursuant to
paragraphs 3.4 and 3.5 on or after the Effective Date of the
Agreement.
Contract Price-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.9.1 in
the case of Unit Price Work).
Contract Time-The number of days (computed as provided
in paragraph 17.2) or the date stated in the Agreement for the
completion of the Work.
CONTRACTOR-The person. firm or corporation with whom
OWNER has entered into the Agreement.
defecth.e-An adjective which when modifying the word Work
refers to Work that is unsatisfactory. faulty or deficient, or
does not conform to the Contract Documents. or does not
meet the requirements of any inspection. reference standard,
test or approval referred to in the Contract Documents. or
has been damaged prior to ENGINEER's recommendation
offinal payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.10).
Drawings-The drawings which show the character and scope
of the Work to be performed and which have been prepared
or approved by ENGINEER and are referred to in the Con-
tract Documents.
Effectil'e Date of tire Agreemellt- The date indicated in the
Agreement on which it becomes effective. but ifno such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
ENGI NEER- The person. firm or corporation named as such
in the Agreement.
Field Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9.5 but which does not involve a change in the Contract
Price or the Contract Time.
General Reqllirements-Sections of Division I of the Speci-
fications.
Laws and Regulations; Laws or Regulations-Laws. rules,
regulations. ordinances. codes and/or orders.
Notice of Award-The written notice by OWNER to the
apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein. within the time specified. OWNER will
sign and deliver the Agreement.
Notice to Proceed-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the date
on which the Contract Time will commence to run and on
which CONTRACTOR shall start to perform CONTRAC-
TOR'S obligations under the Contract Documents.
OWNER-The public body or authority. corporation. asso-
ciation. firm or person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be provided.
Partial Utili::.ation-Placing a portion of the Work in service
for the purpose for which it is intended (or a related purpose)
before reaching Substantial Completion for all the Work.
Project-The total construction of which the Work to be
provided under the Contract Documents may be the whole.
or a part as indicated elsewhere in the Contract Documents.
Resident Project Representative-The authorized represen-
tative of ENGINEER who is assigned to the site or any part
thereof.
7
Shop Drawings-All drawings, diagrams, illustrations,
schedules and other data which are specifically prepared by
or for CONTRACTOR to illustrate some portion of the Work
and all illustrations, brochures, standard schedules, perfor-
mance charts, instructions, diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR to
illustrate material or equipment for some portion of the Work.
Specifications-Those portions of the Contract Documents
consisting of written technical descriptions of materials,
equipment, construction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
Subcontractor-An individual, firm or corporation having a
direct contract with CONTRACTOR or with any other Sub-
contractor for the performance of a part of the Work at the
site.
Substantial Completion-The Work (or a specified part thereoO
has progressed to the point where, in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion, it is sufficiently complete, in
accordance with the Contract Documents, so that the Work
(or specified part) can be utilized for the purposes for which
it is intended; or if there be no such certificate issued, when
final payment is due in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially com-
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
Supplementary Conditions-The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
Supplier-A manufacturer, fabricator, supplier, distributor,
materialman or vendor.
Underground Facilities-All pipelines. conduits, ducts. cables,
wires, manholes, vaults, tanks, tunnels or other such facilities
or attachments, and any encasements containing such facil-
ities which have been installed underground to furnish any of
the following services or materials: electricity, gases, steam,
liquid petroleum products, telephone or other communica-
tions. cable television. sewage and drainage removal, traffic
or other control systems or water.
Unit Price Work-Work to be paid for on the basis of unit
prices.
Work-The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services, furnishing labor and furnishing and incor-
porating materials and equipment into the construction, all
as required by the Contract Documents.
Work Directive Change-A written directive to CONTRAC-
TOR, issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
ordering an addition, deletion or revision in the Work, or
responding to differing or unforeseen physical conditions under
which the Work is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
, Directive Change may not change the Contract Price or the
Contract Time, but is evidence that the parties expect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Time as provided in
paragraph 10.2.
Written Amendment-A written amendment of the Contract
Documents, signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally deal-
ing with the nonengineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Documents:
2.1. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished, upon request, at the cost of reproduction.
Commencemern of COnlTlUt Time; Notice to Proceed:
2.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement, or, if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thirty days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement,
whichever date is earlier.
SllJrting the Project:
2.4. CONTRACTOR shall start to perform the Work on
the date when the Contract Time commences to run, but no
Work shaH be done at the site prior to the date on which the
Contract Time commences to run.
Before SlilTting Constructwn:
2.5. Before undertaking each part of the Work, CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
8
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict, error or discrepancy which CONTRACTOR may
discover and shan obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
affected thereby; however, CONTRACTOR shan not be lia-
ble to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents,
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
2.6. Within ten days after th~ Effective Date of the Agree-
ment (unless otherwise specified in the General Require-
ments). CONTRACTOR shan submit to ENGINEER for
review:
2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work;
2.6.2. a preliminary schedule of Shop Drawing sub-
missions; and
2.6.3. a preliminary schedule of values for an of the
Work which win include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub-
mission.
2.7. Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER. with a copy to ENGINEER.
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4. and
OWNER shan deliver to CONTRACTOR certificates (and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
Preconstruction Conference:
2.8. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR starts the Work at
the site. a conference attended by CONTRACTOR. ENGI-
NEER and others as appropriate win be held to discuss the
schedules referred to in paragraph 2.6. to discuss procedures
for handling Shop Drawings and other submittals and for
processing Applications for Payment. and to establish a working
understanding among the parties as to the Work.
Finali:Jng Schedules:
2.9. At least ten days before submission of the first Appli-
cation for Payment a conference attended by CONTRAC-
TOR. ENGINEER and others as appropriate win be held to
finalize the schedules submitted in accordance with para-
graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time. but such
acceptance win neither impose on ENGINEER responsibility
for the progress or scheduling of the Work nor relieve CON-
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGINEER as to form and substance.
ARTICLE 3-CONTRACT DOCU~IENTS: INTENT.
AMENDING. REUSE
Intent:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary; what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionany complete Project (or part thereof) to be con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supplied whether or not specificany
caned for. When words which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
or codes of any technical society, organization or association.
or to the Laws or Regulations of any governmental authority.
whether such reference be specific or by implication. shall
mean the latest standard specification. manual. code or Laws
or Regulations in effect at the time of opening of Bids (or. on
the Effective Date of the Agreement if there were no Bids).
except as may be otherwise specificany stated. However. no
provision of any referenced standard specification. manual
or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be effective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGINEER, or any of their consu{tants. agents or employ-
ees from those set forth in the Contract Documents. nor shall
it be effective to assign to ENGINEER. or any of ENGI-
NEER's consultants. agents or employees. any duty or
authority to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility contrary to the provisions of paragraph 9.15 or 9.16.
Clarifications and interpretations of the Contract Documents
<;hall be issued by ENGINEER as provided in paragraph 9.4.
3.3. If. during the performance of the Work. CONTRAC-
TOR finds a conflict. error or discrepancy in the Contract
Documents. CONTRACTOR shan so report to ENGINEER
in writing at once and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification
9
from ENGINEER; however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
Amending and Supplementing Contract Documents:
3.4. The Contract Documents may be amended to pro-
vide for additions, deletions and revisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways: .
3.4.1. a formal Written Amendment,
3.4.2. a Change Order (pursuant to paragraph 10.4),
or
3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
As indicated in paragraphs 11.2 and 12.1, Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
3.5. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.5.1. a field Order (pursuant to paragraph 9.5),
3.5.2. . ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27). or
3.5.3. ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
Reuse of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
nishing any of the Work under a direct or indirect contract
with OWNER shall have or acquire any title to or ownership
rights in any of the Drawings, Specifications or other docu-
ments (or copies of any thereoO prepared by or bearing the
seal of ENGINEER; and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
ARTICLE 4--A V AILABILITY OF LANDS; PHYSICAL
CONDITIONS; REFERENCE POINTS
Availability of Laruls:
4.1. OWNER shall furnish, as indicated in the Contract
Documents. the lands upon which the Work is to be per-
formed, rights-of-way and easements for access thereto, and
. .
such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER, unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands, rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time, CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shall provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made
to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such reports, but not upon nontechnical data. interpreta-
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6. CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site.
4.2.2. Existing Structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in .the immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to such structures.
4.2.3. Report of Differing Conditions: If CONTRAC-
TOR believes that:
4.2.3.1. any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs 4.2.1
and 4.2.2 is inaccurate. or
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated. reflected or referred to in the Contract Docu-
ments.
CONTRACTOR shall. promptly after becoming aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by para-
graph 6.22), notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
10
4.2.4. ENGINEER's Review: ENGINEER will
promptly review the pertinent conditions, determine the
necessity of obtaining additional explorations or tests with
respect thereto and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and con-
clusions.
4.2.5. Possible Document Change: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
4.2.6. Possible Price alld Time Adjustments: In each
such case. an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles II and 12.
Physical Conditions-Underground Facilities:
4.3.1. Sholl'n or Indicated: The information and data
shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER
or ENGINEER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
4.3.1.2. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents, for coordina-
tion of the Work with the owners of such Underground
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6.20 and
repairing any damage thereto resulting from the Work.
the cost of all of which will be considered as having
been included in the Contract Price.
4.3.2. Not Shown or Indicated. If an Underground
Facility is uncovered or revealed at or contiguous to the
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have been expected to be aware of. CONTRACTOR
shall. promptly after becoming aware thereof and before
performing any Work affected thereby (except in an emer-
gency as permitted by paragraph 6.22), identify the owner
of such Underground Facility and give written notice thereof
to that owner and to OWNER and ENGINEER. ENGI-
NEER will promptly review the Underground Facility to
determine the extent to which the Contract Documents
should be modified to reflect and document the conse-
quences of the existence of the Underground Facility, and
the Contract Documents will be amended or supplemented
to the extent necessary. During such time, CONTRAC-
TOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time. or both,
to the extent that they are attributable to the e,,<istence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles 1\ and 12.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5. I. CONTRACTOR shall furnish performance and pay-
ment Bonds. each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due, except
as otherwise provided by Law or Regulation or by the Con-
tract Documents. CONTIV\CTOR shall also furnish such
other Bonds as are required by the Supplementary Condi-
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
panies" as published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts. U.S. Treasury Department. All
Bonds signed by an agent must be accompanied by a certified
copy of the authority to act.
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right
to do business is terminated in any state where any part of
11
the Project is located or it ceases to meet the requirements
of paragraph 5.1, CONTRACTOR shall within five days
thereafter substitute another Bond and Surety, both of which
must be acceptable to OWNER.
COnJraCwr's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other obligations under the ContraCt Documents. whether it
is to be performed or furnished by CONTRACTOR, by any
Subcontractor. by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compen-
sation, disability benefits and other similar employee ben-
efit acts;
5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease. or death ofCONTRAC-
TOR's employees;
5.3.3. Claims for damages because of bodily injury,
sickness or disease. or death of any person other than
CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained (a) by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR, or
(b) by any other person for any other reason:
5.3.5. Claims for damages, other than to the Work
itself, because of injury to or destruction of tangible prop-
erty wherever located, including loss of use resulting
therefrom;
5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages because of bodily injury or death of
any person or for damage to property; and
5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions, or required by law, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur-
ance so required to be purchased and maintained (or the
certificates or other evidence thereoO shall contain a provi-
sion or endorsement that the coverage afforded will not be
cancelled, materially changed or renewal refused until at least
thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting. removing or
replac1ngdefective Work in accordance with paragraph 13.12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two years after final payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
Contrcutual Liability Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
Owner's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and, at
OWNER's option. may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions. OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulations). This insurance shall include the interests
of OWNER. CONTRACTOR, Subcontractors, ENGINEER
and ENGINEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured parties. shall insure
against the perils of fire and extended coverage and shall
include "all risk" insurance for physical loss and damage
including theft, vandalism and malicious mischief, collapse
and water damage, and such other perils as may be provided
in the Supplementary Conditions, and shall include damages.
losses and expenses arising out of or resulting from any insured
loss or incurred in the repair or replacement of any insured
property (including but not limited to fees and charges of
engineers. architects, attorneys and other professionals). If
not covered under the "all risk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchase and maintain similar property insurance on portions
of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for
Payment.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR. Subcontractors, ENGINEER AND
ENGINEER's consultants in the Work. all of whom shall be
listed as insured or additional insured parties.
12
5.8. All the policies of insurance (or the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and
5.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
5.9. OWN ER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests
of CONTRACTOR, Subcontractors or others in the Work to
the extent of any deductible amounts that are provided in the
Supplementary Conditions. The risk of loss within the
deductible amount. will be borne by CONTRACTOR. Sub-
contractor or others suffering any such loss and ifany of them
wishes property insurance coverage within the limits of such
amounts. each may purchase and maintain it at the purchas-
er's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy, OWNER shall, if possible. include such insurance, and
the cost thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site, OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWNER.
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work, and also
waive all such rights against the Subcontractors. ENGI-
NEER. ENGINEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11, each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's consultants and all other parties named as insureds.
None of the above waivers shall extend to the rights that
any of the insured parties may have to the proceeds of
insurance held by OWNER as trustee or otherwise p~y-
able under any policy so issued.
5.11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide primary
coverage for all losses and damages caused by the perils
covered thereby. Accordingly. all such policies shall con-
tain provisions to the effect that in the event of payment
of any loss or damage the insurer will have no rights of
recovery against any of the parties named as insureds or
additional insureds. and if the insurers require separate
waiver forms to be signed by ENGINEER or ENGI-
NEER's consultant OWNER will obtain the same. and if
such waiver forms are required of any Subcontractor.
CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds. as their interests may appear. subject to the require-
ments of any applicable mortgage clause and of paragraph
5.13. OWNER shall deposit in a separate account any money
so received, and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made, OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the parties in interest may reach. If required in writing by
any party in interest. OWNER as trustee shall, upon the
occurrence of an insured loss. give bond for the proper per-
formance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded
by or other provisions of the insurance reqcired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5.4 on the basis of its not complying
with the Contract Documents. OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such certificates to OWNER in accordance with
paragraph 2.7. If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their not complying with the Contract Documents, CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within
the time provided shall constitute acceptance of such insur-
ance purchased by the other as complying with the Contract
Documents.
Partial UtiliZl1tion~Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Comple-
tion of all the Work. such use or occupancy may be accom-
plished in accordance with paragraph 14.10: provided that no
13
such use or occupancy shall commence before the insurers
providing the property insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insur-
ance shall consent by endorsement on the policy or policies.
but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto
and applying such skills and expertise as may be necessary
to perform the Work in accordance with the Contract Doc-
uments. CONTRACTOR shall be solely responsible for the
means, methods. techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means, method, technique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
6.:!. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent. suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or
adjacent thereto, and except as otherwise indicated in the
Contract Documents. all Work at the site shall be performed
during regular working hours, and CONTRACTOR will not
permit overtime work or the performance of Work on Sat-
urday, Sunday or any legal holiday without OWNER's writ-
ten consent given after prior written notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment. labor. transportation.
construction equipment and machinery, tools. appliances.
fuel. power. light, heat, telephone. water, sanitary facilities,
temporary facilities and all other facilities and incidentals
necessary for the furnishing, performance. testing, start-up
and completion of the Worl<.
6.5. All materials and equipment shal1 be of good quality
and new. except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence (including reports of required
.tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed, con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assign to
ENGINEER, or any of ENGINEER's consultants. agents or
employees. any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author-
ity to undertake responsibility contrary to the provisions of
paragraph 9.15 or9.16.
Adjusting Progress Schedule:
6.6. CONTRACTOR shal1 submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) adjust-
ments in the progress schedule to reflect the impact thereon
of new developments; these will conform generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the naming of the item is intended to establish the type.
function and quality required. Unless the name is followed
by words indicating that no substitution is permitted,
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equaJ
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute will perform ade-
quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion 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
14
royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of all costs that will result directly or indirectly from
acceptance of such substitute, including costs of redesign
and claims of other contractors affected by the resulting
change. all of which shall be considered by ENGINEER
in evaluating the proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute.
6.7.'2. If a specific means. method. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents, CONTRACTOR may furnish or
utilize a substitute means. method, sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedure for review by ENGINEER
will be similar to that provided in paragraph 6.7.1 as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
6.7.3. ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability, and no
substitute will be ordered. installed or utilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in eva~uating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute, CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluat-
ing each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indi-
cated in paragraph 6.8.2). whether initially or as a substi-
tute, against whom OWNER or ENGINEER may have
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the'
identity of certain Subcontractors. Suppliers or other per-
sons or organizations (including those who are to furnish
the principal items of materials and equipment) to be sub-
mitted to OWN ER in advance of the specified date prior
to the Effective Date of the Agreement for acceptance by
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWNER's or ENGINEER's accept-
ance (either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance or objec-
tion in the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute, the
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiver of any right of OWNER or ENGI-
NEER to reject defectil'e Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subcontractor, Supplier or other
person or organization except as may otherwise be required
by Laws and Regulations.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.11. CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and roy-
alties and assume all costs incident to the use in the perfor-
mance of the Work or the incorporation in the Work of any
invention. design, process. product or device which is the
subject of patent rights or copyrights held by others. If a
particular invention. design. process. product or device is
specified in the Contract Documents for use in the perfor-
mance of the Work and if to the actual knowledge of OWNER
15
or ENGINEER its use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to otbers,
the existence of such rights shall be disclosed by OWNER in
the Contnlct Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims, damages. losses and expenses (including
attorneys' fees and court and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process.
product or device not specified in'the Contnlct Documents.
and shall defend all such claims in connection with any alleged
infringement of such rights.
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or if there
are no Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work, and OWNER shall pay all charges of
such utility owners for capital costs related thereto such as
plant investment fees.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations, neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations.
6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations, CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to
'such Laws or Regulations. and without such notice to
ENGINEER, CONTRACTOR shall bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable during the perfor-
mance of the Work.
.Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations, rights-
of-way, permits and easements. and shall not unreasonably
encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area, or to
the owner or occupant thereof or of any land or areas contig-
uous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work, CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall, to the
fullest extent permitted by Laws and Regulations, indemnify
and hold OWNER and ENGINEER hannless from and against
all claims, damages, losses and expenses (including, but not
limited to, fees of engineers, architects, attorneys and other
professionals and court and arbitration costs) arising directly,
indirectly or consequentially out of any action, legal or equi-
table. brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remove
all waste materials, rubbish and debris from and about the
premises as well as all tools, appliances. construction equip-
ment and machinery, and surplus materials, and shall leave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all property not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any mannerthat will endanger
the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record Documerns:
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Directive Changes, field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available to ENGINEER for reference. Upon com-
16
pletion of the Work, these record documents, samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for the safety of. and shall
provide the necessary protection to prevent damage. injury
or loss to:
6.20.1. all employees on the Work and other persons
and organizations who may be affected thereby:
6.20.2. all the Work and materials and equipment to
be incorporated therein. whether in storage on or off the
site; and
6.20.3. other property at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pavements. road-
ways. structures, utilities and Underground Facilities not
designated for removal, relocation or replacement in the
course of construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage.
injury or loss; and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners when prosecution of the Work
may affect them. and shall cooperate with them in the pro-
tection, removal. relocation and replacement of their prop-
erty. All damage, injury or loss to any property referred to
in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly.
in whole or in part. by CONTRACTOR. any Subcontractor,
Supplier or any other person or organization directly or indi-
rectly employed by any of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable.
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose acts either
of them may be liable. and not attributable. directly or indi-
rectly. in whole or in part, to the fault or negligence of CON-
TRACTOR). CONTRACTOR's duties and responsibilities
for the safety and protection of the Work shall continue until
such time as all the Work is completed and ENGINEER has
issued a notice to OWNER and CONTRACTOR in accord-
ance with paragraph 14.13 that the Work is acceptable (except
as otherwise expressly provided in connection with Substan-
tial Completion).
6.21. CONTRACTOR shall designate a responsible rep-
resentative at the site whose duty shall be the prevention of
accidents. This person shall be CONTRACTOR's superin-
tendent unless otherwise designated in writing by CON-
TRACTOR to OWNER.
Emergencies:
6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent thereto.
CONTRACTOR. without special instruction or authorization
from ENGINEER or OWNER, is obligated to act to prevent
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes
that any significant changes in the Work or variations from
the Contract Documents have been caused thereby. If ENG 1-
NEER determines that a change in the Contract Documents
is required because of the action taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements
and after complying with applicable procedures specified in
the General Requirements, CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions (see para-
graph 2.9). or for other appropriate action if so indicated in
the Supplementary Conditions. five copies (unless otherwise
specified in the General Requirements) of all Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions will be identified
as ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities, dimen-
sions, specified performance and design criteria. materials
and similar data to enable ENGINEER to review the infor-
mation as required.
6.24. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause
no delay in Work. all samples required by the Contract Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material, Supplier.
pertinent data such as catalog numbers and the use for which
intended.
6.25.1. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri-
fied all quantities. dimensions. specified performance cri-
teria. installation requirements. materials. catalog num-
bers and similar data with respect thereto and reviewed
or coordinated each Shop Drawing or sample with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents.
6.25.2. At the time of each submission. CONTRAC-
TOR shall give ENGIN EER specific written notice of each
variation that the Shop Drawings or samples may have
from the requirements of the Contract Documents, and.
in addition. shall cause a specific notation to be made on
17
each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and samples. but ENGI-
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance
with the information given in the Contract Documents and
shall not extend to means, methods, techniques, sequences
or procedures of construction (except where a specific means,
method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CON-
TRACTOR shall make corrections required by ENGINEER,
and shall return the required number of corrected copies of
Shop Drawings and submit as required new samples for review
and approval. CONTRACTOR shall direct specific attention
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.25.2 and
ENGINEER has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25.1.
6.28. Where a Shop Drawing or sample is required by the
Specifications, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise agree in writing.
Indemnification:
6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants, agents and
employees from and against all claims, damages. losses and
expenses, direct, indirect or consequential (including but not
limited to fees and charges of engineers, architects, attorneys
and other professionals and court and arbitration costs) aris-
ing out of or resulting from the performance of the Work,
provided that any such claim, damage, loss or expense (a) is
attributable to bodily injury, sickness. disease or death, or to
injury to or destruction of tangible property (other than the
Work itselO including the loss of use resulting therefrom and
.(b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR. any Subcontractor, any person
or organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such party.
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants, agents or employees by
any employee of CONTRACTOR, any Subcontractor. any
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable. the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or type of damages,
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants, agents or employees arising out
of the preparation or approval of maps. drawings, opinions,
repons, surveys. Change Orders, designs or specifications.
ARTICLE 7-OTHER WORK
Relaud Work oJ Sile:
7.1. OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces, have other work
performed by utility owners or let other direct contracts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contract Documents, written notice thereof will be
given to CONTRACTOR prior to starting any such other
work: and, if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to agree
as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER, if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work. and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching of
the Work that may be required to make its several parts come
together properly and integrate with such other work. CON-
18
TRACTOR shall not endanger any work of others by cutting.
excavating or otherwise altering their work and will only cut
or alter their work with the written consent of ENGINEER
and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWN ER and such utility owners and other contractors.
7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner (or OWNER). CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the perfor-
mance of other work on the Project at the site, the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions,
and the specific matters to be covered by such authority and
responsibility will be itemized, and the extent of such author-
ity and responsibilities will be provided, in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions. neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination.
ARTICLE 8-0WNER'S RESPONSIBILITIES
8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose sta-
tus under the Contract Documents shall be that of the former
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.1 and 4.4. Para-
graph 4.2 refers to OWNER's identifying and making avail-
able to CONTRACTOR copies of reports of explorations and
tests of subsurface conditions at the site and in existing struc-
tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections. tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.10 and 1':>.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and quality of the executed Work and to deter-
mine, in general. if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required
to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. ENGINEER's efforts
will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform to the
Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed of the prog-
ress of the Work and will endeavor to guard OWNER against
defects and deficiencies in the Work.
Project Representation:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties, responsibilities and limitations of authority of any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWNER at the site
who is not ENGINEER's agent or employee, the duties,
responsibilities and limitations of authority of such other
person will be as provided in the Supplementary Conditions.
19
C/mijications and InlerpreUJlions:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings
or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents.lfCONTRACTOR
believes that a written clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree to the
amount or extent thereof, CONTRACTOR may make a claim
therefor as provided in Article 11 or Article 12.
Authorized Variations in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER, and also on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the parties are unable to agree as to
the amount or extent thereof, CONTRACTOR may make a
claim therefor as provided in Article 11 or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective. and
will also have authority to require special inspection or testing
of the Work as provided in paragraph 13.9. whether or not
the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples. see paragraphs 6.23 through
6.29 inclusive.
9.8. In connection with ENGINEER's responsibilities as
to Change Orders. see Anicles 10. 11 and 12.
9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment, etc.. see Article 14.
DetenninaJions for Unu Prices:
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
NEER's written decisions thereon will be final and binding
upon OWNER and CONTRACTOR. unless. within ten days
after the date of any such decision. either OWNER or CON-
TRACTOR delivers to the other pany to the Agreement and
to ENGINEER written notice of intention to appeal from
such a decision.
pecisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
claims under Articles II and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal decision
in accordance with this paragraph. which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim. dispute and other matter will be delivered
by the claimant to ENGINEER and the other party to the
Agreement promptly (but in no event later than thirty days)
after the occurrence of the event giving rise thereto, and
written supporting data will be submitted to ENGINEER and
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect
to any such claim, dispute or other matter (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or other matter.
LimiUuions on ENGINEER's ResponsibilitUs:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENG INEER in good faith either to exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor. any Supplier. or any other person or organization
performing any of the Work, or to any surety for any of them.
9.14. Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed". "as
approved" or terms of like effect or import are used. or the
adjectives "reasonable", .. suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction. review or judgment
of ENGINEER as to the Work. it is intended that such
requirement. direction, review or judgment will be solely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wise). The use of any such term or adjective shall not be
20
effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary
to the provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for CON-
TRACTOR's means, methods, techniques, sequences or pro-
cedures of construction, or the safety precautions and pro-
grams incident thereto, and ENGINEER will not be respon-
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor. any
Supplier. or of any other person or organization performing
or furnishing any of the Work.
ARTICLE IG-CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without notice
to any surety, OWNER may, at any time or from time to
time, order additions, deletions or revisions in the Work:
these will be authorized by a Written Amendment, a Change
Order, or a Work Directive Change. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent, if any, of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Change. a claim may be made therefor as provided in Article
II or Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and supple-
mented as provided in paragraphs 304 and 3.5, except in the
case of an emergency as provided in paragraph 6.22 and
except in the case of uncovering Work as provided in para-
graph 13.9.
10.4. OWNER and CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendments) covering:
1004.1. changes in the Work which are ordered by
OWNER pursuant to paragraph 10.1. are required because
of acceptance of defective Work under paragraph 13.13 or
correcting defectil'e Work under paragraph 13.14, or are
agreed to by the parties:
10.4.2. changes in the Contract Price or Contract Time
which are agreed to by the parties: and
10.4.3. changes in the Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9.11;
provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations. but during any such appeal, CON-
TRACTOR shall carryon the Work and adhere to the prog-
ress schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to. Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety, the giving of any such notice will be CONTRAC-
TOR's responsibility, and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE II-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties. responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER 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 con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise agree on the amount involved. No claim
for an adjustment in the Contract Price will be valid if not
submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Contract
Price shall be determined in one of the following ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents. by applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1. through
11.9.3. inclusive).
21
11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.6.2.1).
11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
Cost of the Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER. such costs shall be
in amounts no higher than those prevailing in the locality of
the Project. shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
11.4.1. PayroU costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll costs
shall include, but not be limited to, salaries and wages
plus the cost of fringe benefits which shall include social
security contributions, unemployment. excise and payroll
taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses. sick leave, vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Satur-
day, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
11.4.2. Cost of aU materials and equipment furnished
and incorporated in the Work. including costs of trans-
portation and storage thereof, and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments, in
which case the cash discounts shall accrue to OWNER.
AU trade discounts, rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine, with the advice of ENGINEER, which
bids will be accepted. If a subcontract provides that the
Subcontractor is to 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 CONTRAC-
TOR's Cost of the Work. All subcontracts shall be subject
to the other provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories, sur-
veyors, attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transporta-
tion, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.2. Cost. including transportation and main-
tenance. of all materials. supplies, equipment. machin-
ery, appliances. office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the Work. and cost
less market value of such items used but not consumed
which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the pans thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER, and the costs of transportation, loading,
unloading, installation, dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The rental of any such equipment. machin-
ery or parts shall cease when the use thereof is no longer
necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work. and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
] 1.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor or any-
one directly or indirectly employed by any of them or
for whose acts any of them may be liable. and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses). not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the
deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.9), pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses,
damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRAC-
TOR's Fee. If. however. any such loss or damage
22
requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph
11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams. long
distance telephone calls, telephone service at the site.
expressage and similar petty cash items in connection
with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for property insurance coverage within
the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.9.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers, executives. principals (of partner-
ship and sole proprietorships). general managers. engi-
neers, architects. estimators. attorneys. auditors. accoun-
tants, purchasing and contracting agents. expeditors.
timekeepers. clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR's principal or a branch office for general administra-
tion of the Work and not specifically included in the agreed
upon schedule of job classifications referred to in para-
graph 11.4.1 or specifically covered by paragraph 11.4.4-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
11.5.2. Expenses (If CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site.
It.5.3. Any part ofCONTRACTOR's capital e;~penses.
including interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub-
paragraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRAC-
TOR, any Subcontractor. or anyone directly or indirectly
employed by any of them or for whose acts any of them
may be liable, including but not limited to. the correction
of defect;' " Work. disposal of materials or equipment
wrongly su~ :,:>:'1 <I<:.j making good any damage to prop-
erty.
11.5.6. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6. The CONTRACTOR's Fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11.6.1. a mutually acceptable fixed fee; or if none can
be agreed upon,
11.6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1
and 11.4.2. the CONTRACTOR's Fee shall be fifteen
percent:
11.6.2.2. for costs incurred under paragraph 11.4.3,
the CONTRACTOR's Fee shall be five percent; and if
a subcontract is on the basis of Cost of the Work Plus
a Fee. the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
11.6.2.3. no fee shall be payable on the basis of
costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5:
11.6.2.4. the amount of credit to be allowed by
CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by an amount equal to ten percent of the
net decrease: and
11.6.2.5. when both additions and credits are
involved in anyone change. the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4. inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraph 11.4 or 11.5, CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be done
by such Subcontractors or Suppliers and for such sums within
the limit of the allowances as may be acceptable to ENGI-
NEER. CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of mate-
rials and equipment required by the allowances to be deliv-
ered at the site. and all applicable taxes: and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site. labor. installation costs, overhead,
profit and other expenses contemplated for the allowances
have been included in the Contract Price and not in the
23
allowances. No demand for additional payment on account
of any thereof will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be correspond-
ingly adjusted.
Unit Price Work:
11.9.1. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sep-
arately identified item.
11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Article II if the parties are
unable to agree as to the amount of any such increase.
ARTICLE 12-CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shortening of the Contract Time shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accom-
panied by the claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time
shall be determined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment in the Contract Time will
be valid ifnot submitted in accordance with the requirements
.of this paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include. but not be limited to,
acts or neglect by OWNER or others performing additional
work as contemplated by Article 7. or to fires. floods, labor
disputes, epidemics, abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers, architects,
attorneys and other professionals and court and arbitration
costs) for delay by either party.
ARTICLE 13--W ARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS:
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Wammty and GuaranLee:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be defective.
Prompt notice of all defects shall be given to CONTRAC-
TOR. All defective Work, whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13..
Access to Work:
13.2. ENGINEER and ENGINEER's representatives.
other representatives of OWNER. testing agencies and gov-
ernmental agencies with jurisdictional interests will have access
to the Work at reasonable times fort heir observation. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
rem and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for all required inspections, tests or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereoO to specifically
be inspected. tested or approved. CONTRACTOR shall
assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required certificates
of inspection. testing or approval. CONTRACTOR shall also
24
be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN-
ER's or ENGINEER's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work, or of
materials or equipment submitted for approval prior to CON-
TRACTOR's purchase thereof for incorporation in the Work.
The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specified).
13.5. All inspections. tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR (or by ENGINEER if so
specified).
13.6. If any Work (including the work of others) that is
to be inspected, tested or approved is covered without written
concurrence of ENGINEER, it must. if requested by ENGI-
NEER, be uncovered for observation. Such uncovering shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
13.7. Neither observations by ENGINEER nor inspec-
tions, tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
Uncovering Work:
13.8. Ifany Work is covered contrary to the written request
of ENGINEER. it must. if requested by ENGINEER. be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others. CONTRACTOR. at ENGINEER's
request, shall uncover. expose or otherwise make available
for observation. inspection or testing as ENGINEER may
require, that portion of the Work in question. furnishing all
necessary labor. material and equipment. If it is found that
such Work is defectil'e. CONTRACTOR shall.bear all direct.
indirect and .consequential costs of such uncovering, expo-
sure. observation, inspection and testing and of satisfactory
reconstruction, (including but not limited to fees and charges
of engineers. architects. attorneys and other professionals!.
and OWNER shall be entitled to an appropriate decrease in
the Contract Price, and. if the parties are unable to agree as
to the amount thereof. may make a claim therefor as provided
in Article 11. If. however. such Work is not found to be
defectil'e. CONTRACTOR shall be allowed an increase in
the Contract Pri\:e ;;r :\0 e.\tension of the Contract Time. or
both. directly attributable to such uncovering. exposure.
observation. inspection. testing and reconstruction: and. if
the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefor as pro-
vided in Articles 11 and 12.
Owner May Stop the Work:
13.10. If the Work is defectil'e. or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish or perform the Work in such a
way that the completed Work '....ill conform to the Contract
Documents. OWNER may order CONTRACTOR to stop the
Work, or any portion thereof. until the cause for such order
has been eliminated: however. this right of OWNER to stop
the Work shall not give rise to any duty on the part of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party.
Correction or Removal of Defectil'e Work:
13.11. If required by ENGINEER. CONTRACTOR shall
promptly, as directed. either correct all defective Work,
whether or not fabricated. installed or completed, or. if the
Work has been rejected by ENGINEER. remove it from the
site and replace it with nondefective Work. CONTRACTOR
shall bear all direct, indirect and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers. architects. attorneys and other profes-
sionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents. any
Work is found to be defectil'e. CONTRACTOR shall promptly.
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such defecril'e Work, or.
if it has been rejected by OWNER. remove it from the site
and replace it with nondefectil'e Work. If CONTRACTOR
does not promptly comply with the terms of such instructions,
or in an emergency where delay would cause serious risk of
loss or damage, OWNER may have the defective Work cor-
rected or the rejected Work removed and replaced, and all
direct, indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of
engineers. architects. attorneys and other professional~) will
be paid by CONTRACTOR. In special circumstances where
a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work. the correction
period for that item may start to run from an earlier date if
so provided in the Specifications or by Written Amendment.
Acceptance of Defectil'e Work:
13.13. If. instead of requiring correction or removal and
replacement of defectil'e Work. OWNER (and. prior to
ENGINEER's recommendation of final payment, also
ENGINEER) prefers to accept it. OWNER may do so. CON-
TRACTOR shall bear all direct. indirect and consequential
25
costs attributable to OWNER's evaluation of and determi-
nation to accept such defective Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges of engineers. architects. attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment, a
Change Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to agree as
to the amount thereof, OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after such
recommendation, an appropriate amount will be paid by
CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11, or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents, or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may, after seven days' writ-
ten notice to CONTRACTOR. correct and remedy any such
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action, OWNER
may exclude CONTRACTOR from all or part of the site, take
possession of all or part of the Work, and suspend CON-
TRACTOR's services related thereto, take possession of
CONTRACTOR's tools, appliances, construction equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's represen-
tatives. agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct, indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor as
provided in Article 11. Such direct, indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers, architects, attorneys and other professionals,
all court and arbitration costs and all costs of repair and
replacement of work of others destroyed or damaged by
correction, removal or replacement of CONTRACTOR's
defective Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in per-
formance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
ARTICLE l4-PA YMENTS TO CONTRACTOR AND
COMPLETION
.ScJuduk of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. Ifpayment 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 ofau liens, charges.
security interests and encumbrances (which are hereinafter
in these General Conditions referred to as "Liens") and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be sat-
isfactory to OWNER. The amount of retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of TitJe:
14.3. CONTRACTOR warrants and guarantees that title
to all Work. materials and equipment covered by any Appli-
cation 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.
Rev~w of Applil:ationsfor Progress Paymem:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case. CONTRACTOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation, the amount rec-
ommended will (subject to the provisions of the last sentence
of paragraph 14.7) become due and when due will be paid by
OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
26
representation by ENGINEER to OWNER. based on ENGI-
NEER's on-site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
NEER's review of the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the point indicated: that, to the best of ENGI-
NEER's knowledge. information and belief, the quality of
the Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. to the results of any
subsequent tests called for in the Contract Documents. to a
final determination of quantities and classifications for Unit
Price Work under paragraph 9.1'0. and to any other qualifi-
cations stated in the recommendation); and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that exhaus-
tive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specifically assigne~ to ENGINEER in the
Contract Documents or that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINE)::R's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR's being entitled to final payment as set forth in paragraph
14.13 have been fulfilled.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGINEER's opinion. it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment. or. because of subsequently discovered evidence or
the results of subsequent inspections or tests. nullify any such
payment previously recommended. to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because:
14.7.1. the Work is defective. or completed Work has
been damaged requiring correction or replacement.
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order.
14.7.3. OWNER has been required to correct defec-
til'e Work or complete Work in accordance with paragraph
13.14, or
14.7.4. of ENGINEER's actual knowledge of the
occurrence of any of the events enumerated in paragraphs
15.2.1 through 15.2.9 inclusive.
OWN ER may refuse to make payment of the full amount
recommended by ENGIN EER because claims have been
made against OWNER on account of CONTRACTOR's per-
formance or furnishing of the Work or Liens have been filed
in connection with the Work or there are other items entitling
OWNER to a set-off against the amount recommended, but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for such
action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER, CONTRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. If ENGINEER does not con-
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If. after considering such objec-
tions. ENGINEER concludes that the Work is not substan-
tially complete, ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing. stating the reasons therefor. If,
after consideration of OWNER's objections, ENGINEER
considers the Work substantially complete. ENGINEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tent<itive list of items to be com-
pleted or corrected) reflecting such changes from the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWNER. At the time of delivery
of the tentative certificate of Substar.tial Completion ENGI-
NEER will deliver to OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR with
respect to security. operation, safety, maintenance. heat.
utilities. insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the definitive
certificate of Substantial Completion. ENGINEER's afore-
said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion, but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative list.
Partial Utili:ation:
14.10. Use by OWNER of any finished part of the Work.
which has specifically been identified in the Contract Docu-
27
ments, or which OWNER, ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part of the Work that can be used by OWNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work, may be accomplished prior to
Substantial Completion of all the Work subject "to the follow-
ing:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees, CONTRACTOR will certify to OWNER
and ENGINEER that said part of the Work is substantially
complete and request ENGINEER to issue a certificate of
Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable time after either such request, OWNER,
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its status of
completion. If ENGINEER does not consider that part of
the Work to be substantially complete, ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of the
Work to be substantially complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
14.10.2. OWNER may at any time request CON-
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER, CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security, operation, safety, maintenance. utilities, insur-
ance, warranties and guarantees for that part of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such part of the
Work, OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to
complete other related Work.
14.10.3. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Firwllnspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
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 are necessary to remedy such defi-
ciencies.
Firwl A,pplication for Payment:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instructions, schedules, guaran-
tees, Bonds, certificates of inspection, marked-up record
documents (as provided in paragraph 6.19) and other docu-
ments--a1l as required by the Contract Documents, and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16), CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract Documents, together with complete and legally
effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Work, In
lieu thereof and as approved by OWNER. CONTRACTOR
may furnish receipts or releases in full: an affidavit of CON-
TRACTOR that the releases and receipts include all labor,
services, material and equipment for which a Lien could be
filed, and that all payrolls. material and equipment bills. and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be respon-
sible, have been paid or otherwise satisfied: and consent of
the surety. if any, to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full, CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
Firwl Payment and Acceptance:
14.13. If. on the basis of ENGINEER's observation of
the Work during construction and final inspection. and
ENGINEER's review of the final Application for Payment
and accompanying documentation-all as required by the
Contract Documents, ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled, ENGI-
NEER will. within ten days after receipt of the final Appli-
cation for Payment, indicate in writing ENGINEER's rec-
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of paragraph 14.16.
28
Otherwise. ENGINEER will return the Application to CON-
TRACTOR, indicating in writing the reasons for refusing to
recommend final payment, in which case CONTRACTOR
shaH make the necessary corrections and resubmit the Appli-
cation. Thirty days after presentation to OWNER of the
Application and accompanying documentation, in appropri-
ate form and substance, and with ENGINEER's recommen-
dation and notice of acceptability, the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR.
14.14. If. through no fault of CONTRACTOR. final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms, OWNER shall, upon receipt of CON-
TRACTOR's final Application for Payment and recommen-
dation of ENGINEER. and without terminating the Agree-
ment. 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 Agree-
ment. and if Bonds have been furnished as required in para-
graph 5.1. the written consent of the surety to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov-
erning final payment. except that it shall not constitute a
waiver of claims.
Contractor's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shaH be absolute. Neither recommendation of any progress
or final payment by ENGINEER, nor the issuance of a cer-
tificate of Substantial Completion, nor any payment by
OWNER to CONTRACTOR under the Contract Documents.
nor any use or occupancy of the Work or any part thereof by
OWNER, nor any act of acceptance by OWNER nor any
failure to do so. nor any review and approval of a Shop
Drawing or sample submission, nor the issuance of a notice
of acceptability by ENGINEER pursuant to paragraph 14.13.
nor any correction of defectil'e Work by OWNER will con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.16).
Waiver of Claims:
1~.16. The making and acceptance of final payment will
constitute:
14.16.1. a waiver of all claims by OWNER against
CONTRACTOR. except claims arising from unsettled
Liens. from defectil'e Work appearing after final inspec-
tion pursuant to paragraph l~.ll or from failure to comply
with the Contract Documents or the terms of any special
guarantees specified therein: however. it will not consti-
tute a waiver by OWN ER of any rights in resp.:ct of
CONTRACTOR's continuing obligations under the Con-
tract Documents; and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE IS-SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
15.1. OWNER may, at any time and without cause. sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time, or both,
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles 11
and 12.
Owner May Terminate:
15.2. Upon the occurrence of anyone or more of the
following events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title 11, United
States Code), as now or hereafter in effect, or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency;
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing, or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency;
15.2.3. if CONTRACTOR makes a general assignment
for the benefit of creditors:
15.2.4. if a trustee, receiver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authority to take charge
of property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit
of CONTRACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing an inabil-
ity to pay its debts generally as they become due:
15.2.6. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
29
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.9. if CONTRACTOR 'otherwise violates in any
substantial way any provisions of the Contract Docu-
ments;
OWNER may, after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of 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 and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct, indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers. architects, attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance, CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
.payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.4, Upon seven days' written notice to CONTRAC-
TOR and ENGINEER. OWNER may. without cause and
without prejudice to any other right or remedy, elect to aban-
don the Work and terminate the Agreement. In such case,
CONTRACTOR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses, which
will include, but not be limited to, direct. indirect and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects, attorneys and other professionals
and court and arbitration costs).
COnlTcU:UJr May 5UJp Work or Terminau:
15.5. If. through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for Payment
within thirty days after it is submitted, or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due, then CONTRACTOR may, upon seven
days' written notice to OWNER and ENGINEER, terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement, if ENGINEER has failed to act on an Appli-
cation for Payment or OWNER has failed to make any pay-
ment as aforesaid, CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreeme.nts with OWNER.
. (The remainder of this page was left blank intentionally.J
30
ARTICLE 16--ARBITRATION
16.1 All claims, disputes and other matters in question between
OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu-
ments or the breach thereof shall be decided under Georgia Law in the
Superior Court of Richmond County, Geo~gia.
(The remainder of this page was left blank intentionally.)
31
ARTICLE 17 - MISCELLANEOUS:
GIVING NOTICE:
17.1 Whenever any prOV1S1on of the Contract Documents requires the giving
of written notice, it will be deemed to have been validly given if delivered
in person to the individual or to a member of the firm or to an officer
of the corporation for whom it is intended, or if delivered at or sent by
registered or certified mail, postage prepaid, to the last business address
known to the giver of the notice.
COMPUTATION OF TI~ffi:
17.2.1. When any. period of time is referred to in the Contract Documents
by days, it will be computed to exclude the first and include the last day
of such period. If the last day of any such period falls on a Saturday
or Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to
the next midnight shall constitute a day.
GENERAL:
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or
property because of any error, ommission or act of the other party or of
any of the other party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing to the other
party within a reasonable time of the first observance of such injury or
damage. The provisions of' this paragraph 17.3 shall not be construed as
a substitute for or a waiver of the provisions of any applicable statute
of limitations or repose.
17.4. The duties and obligations imposed by these General Conditions and
the rights and remedies available hereunder to. the parties hereto, and,.
in particular but without limitation, the warranties, guarantees and obliga-
tions imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.12, 13 .14, 14.3
and 15.2 and all of the rights and remedies available to OWNER and ENGINEER
thereunder, are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or Regulations, by special
warranty or guarantee or by other provisions of the Contract Documents,
and the provisions of this paragraph will be effective as if repeated
specifically in the Contract Documents in connection with each particular
duty, obligation, right and remedy to which they apply. All representations,
warranties and guarantees made in the Contract Documents will survive final
payment and termination or completion of the Agreement.
ARTICLE 18 - OSHA SAFETY AND HEALTH STANDARDS:
18.1. Where applicable, construction methods and techniques
with OSHA Safety and Health Standards (29 CFR 1926/1910) OSHA
1987.
shall comply
2207 Revised
18.2. The ENGINEER shall not be
construction techniques, methods,
that his own construction methods
OSHA Safety and Health Standards (29
responsible or liable for CONTRACTOR's
or progress. CONTRACTOR shall insure
and techniques are in compliance with
CFR 1926/1910) OSHA 2207 Revised 1987.
32
SUPPLEMENTARY CONDITIONS
1.1 OWNER'S LIABILITY & PROPERTY INSURANCE:
Section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General Conditions shall be amended as follows:
No additional liability or property insurance will be purchased by Richmond County for this
project.
Current insurance coverages will remain in effect for the life of this Contract.
1.2 CONTRACTOR'S LIABILITY INSURANCE:
As indicated under Section 5.3 of the General Conditions, the Contractor's Liability Insurance
shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone
person, and subject to the same limit for each person, in an amount not less than $500,000 on
account of one accident, and Contractor's Property Damage Insurance in an amount not less
than $100,000 for all property damage sustained by anyone person in anyone accident; and a
limit of liability of not less than $200,000 for any such damage sustained by two or more persons
in anyone accident.
The Contractor shall either (1) require each of his subcontractors to procure and to maintain
during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the
type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities
of his subcontractors in his own policy.
1.3 SPECIALTY HAZARDS:
The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide
adequate protection against the following special hazards:
A. Work within the rights-of-way of the Augusta-Richmond County roads.
B. Work within easements granted by property owners in connection with the construction of
the project.
C. Work in close proximity to existing water lines, power lines, telephone lines, gas lines,
other utilities and private structures contiguous to the job site.
1.4 TESTING LABORATORY:
All materials testing and laboratory work in connection therewith shall be paid for by the
Contractor and approved by the Engineer.
SC-l
1.5 SURVEYS:
The Contractor will provide surveying for construction stake-out, horizontal control and vertical
control as necessary.
1.6 PROGRESS PAYMENTS:
Section 14.2 of the General Conditions shall be amended as follows:
The Contractor may submit monthly estimate for work completed and materials properly stored
as approved by the Engineer. When an estimate includes materials stored, a bill of sale, invoice or
other documentation warranting that the Owner is receiving the material free and clear of all
liens, charges, security interest and other encumbrances shall be attached to the payment request.
This agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this
Agreement shall control.
1.7 ENGINEER:
All references to "Engineer" shall be interpreted to mean the County's official designee.
1.8 UNDERGROUND UTILITIES: (Reference 4,3,1-4,3.2)
The Contractor shall coordinate with all utility companies through the "one call" method or other
appropriate steps to locate and avoid damage to all utilities that may affect or be affected by the
Contractor's work.
1.9 SAFETY: (Reference 6.20)
The Contractor shall use flagmen, barricades, and signs as necessary to notify the public, in
particular those persons driving in the vicinity of the project, of the construction and its affect on
traffic.
SC-2
TECHNICAL SPECIFICATIONS
SECTION T-l- SITE WORK
SCOPE:
The work covered by this specification consists of furnishing all plant, labor, equipment,
appliances, materials and supervision, and in performing all operations in connection with
clearing, grubbing, excavation, filling, backfilling, grading the site, field layout, staking, and grade
setting in strict accordance with this section of the specifications, the applicable drawings and
terms and conditions of the Contract.
GENERAL:
Operations shall be conducted in a manner which will provide for the safety of employees and
others. Existing utility limes, walks, steps, paving, structures, or trees to remain shall be
safeguarded end protected from damage, and supported if necessary. Prior to any work the
Contractor shall obtain necessary permits for work in the area or shall ascertain that the permits
have otherwise been obtained. See Special Conditions, Paragraph SC-1.5 for field layout,
staking, and grade setting requirements.
Classification of Excavation: All excavation in connection with site work will be considered
unclassified common excavation.
CLEARING:
Clearing shall consist of the felling and cutting up or trimming of trees and the satisfactory
disposal of the trees and other vegetation designated for removal together with the down timber,
snags, brush and rubbish occurring within the project limits. Trees and other vegetation to be
removed and all stumps, roots, and brush in areas to be cleared but not grubbed shall be cut off
flush with or slightly below the original ground surface. Trees and stumps in areas to the covered
by embankments 3 feet or more in height shall be cut off to 8 inches or less above the original
ground surface. Trees and other vegetation in areas to be cleared and grubbed may be removed
by uprooting or any other method that the Contractor may propose that is satisfactory to the
Engineer. Individual trees and groups of trees designated to be left standing shall be trimmed of
all live branches to such heights and in such manner as directed by the Engineer. All limbs and
branches required to be trimmed shall be neatly cut close to the hole of the tree or to main
branches, and be cuts more than 1-1/2 inches in diameter thus made shall be painted with an
approved tree wound paint.
GRUBBING:
Grubbing shall consist of the removal and disposal of all stumps, roots larger than 3 inches in
diameter to the depth specified, and matted roots from the areas to be grubbed. In foundations
areas, stumps, roots, logs or other timber 3 inches and over in diameter, matted roots, and other
debris not suitable for foundation purposes, shall be excavated and removed to a depth not less
TS-I
debris not suitable for foundation purposes, shall be excavated and removed to a depth not less
than 18 inches below any subgrade, shoulder or slope; and to a depth of 12 inches below finish
grade in areas to be grassed. All depressions excavated below the original ground surface for or
by the removal of stumps and roots, shall be refilled with suitable material and compacted to make
the surface conform to the surrounding ground surface. Grubbing will not be required in areas
other than those occupied by construction and graded and grassed areas.
DISPOSAL OF CLEARED AND GRUBBED MATERIAL:
Merchantable Timber: All merchantable timber (6" diameter at the base or larger) cut from the
construction sites, or from the rights-of-way, shall remain the property of the landowner. The
contractor shall trim and cut such timber and stack it neatly within the easement or right-of-way,
as directed by the Engineer.
Burning or Removal From Site: All Timber, except such timber which the Engineer considers
merchantable, all logs, stumps, roots, brush, rotten wood and other refuse from the clearing and
grubbing operations shall be burned, except that when permitted in writing by the Engineer, logs
and large stumps may be otherwise disposed of as elected by the Contractor. Such permit will
state the conditions covering the disposal of such logs and stumps without burning, including the
areas in which they may be placed. Timber and other refuse to be disposed of by burning shall be
burned at locations specified by the Engineer, in a manner that will avoid all hazards, such as
damage to existing structures, construction in progress, trees and vegetation. Th.e Contractor will
be responsible for compliance with all Federal and State Laws and regulations relative to the
building of fires. Disposal by burning shall be kept under constant attendance until the tires have
burned out or have been extinguished.
MATERIALS:
Borrow Material shall be selected to meet the requirements and conditions of the particular
installation for which it is to be used. The material shall consist of sand soils or sand-clay soils
capable of being readily shaped and compacted to be required densities and shall be free of roots,
trash arid any other deleterious material. The material shall be obtained from off-site borrow pits
approved by the Engineer. Borrow pits shall be cleared and grubbed as necessary, and shall be
opened, excavated, graded and maintained so that adequate and proper drainage and a neat
appearance shall exist at all times.
Topsoil shall consist of a natural material that occurs in surface deposits of limited depth, and, in
general, on elevated areas, it shall be composed of natural mixtures of clay and soil binder with
sand. Topsoil shall contain not more than 25 percent of clay and shall be free of stones larger
than 2 inches in diameter, roots, excessive vegetation, rubbish or other deleterious matter.
Topsoil shall be approved by the Engineer before being used on the work. Topsoil as described,
shall be excavated from all areas to be disturbed, whether for structures, piping, site grading, or
paving, and if it cannot immediately be placed in its final location, it shall be stored for later use.
Stockpiled topsoil shall be placed to afford good drainage. Topsoil work shall not be performed
when the soil is so wet that the tilth of the soil will be destroyed.
TS-2
Embankment: This item consists of placing in fills and embankments for roadways, and other site
grading work, the materials removed from the various excavations and borrow pits, all as
specified therein and in accordance with the appropriate lines, grades, sections, contours and
dimensions.
Crushed stone surfacing material shall consist of a compacted subgrade, a 4" sand-clay base, and a
2-1/2" crushed stone surface course. The surface course shall consist of dense graded crushed
stone with 65 percent passing a No.4 U. S. Standard Sieve.
CONSTRUCTION METHODS:
General: During construction, embankments, fills and excavations shall be kept shaped and
drained. Ditches and drains along the subgrade shall be maintained in such manner as to drain
effectively at all times. Grading shall be done so that the surface of the ground will be properly
sloped to prevent water from running into the excavations for structures or pipe lines; any water
which accumulates in excavations shall be removed promptly. Excavated materials shall not be
stockpiled within a distance from the edge of any excavation less than 1-1/2 times the depth of the
excavation. Suitable material removed from excavation shall be used, where feasible, in the
formation of embankments, fills, subgrades, shoulders, backfills, and site grading; excess material
from excavation, not required for such uses or materials not suitable for such uses, shall be wasted
in locations directed by the Engineer. Any wetting, hauling, scarifying, mixing shaping, rolling,
tamping or other operation incidental to the following requirements, which, in the judgment of the
Engineer, are necessary to obtain the specified results, shall be performed by the Contractor at no
additional expense to the Owner.
"
Site Grading: Site grading shall consist of excavating and placing all necessary materials outside
the limits of the various structures. Site grading shall be completed when all surfaces are aligned
with surrounding grades or are in conformity with the contours when shown, and are smooth,
firm, containing the specified materials. Site grading shall include all excavation, filling and
compacting required tor construction of all ditches, roads, and all other areas disturbed by
construction except as otherwise specified. Site grading also shall include excavation and backfill
for walks and steps. Except as otherwise specified herein, all disturbed areas on the site shall be
finished off to a uniformly smooth surface, free from abrupt, irregular surface changes. The
degree of smoothness shall be that ordinarily obtainable from power grader operations. The
finished surface shall not be more than 0.10 foot above or below the established grade. There
shall be no roots, wasted building materials, trash or other unsightly matter projecting through or
visible at the surface.
After all embankments and fills have been completed to grade, and after all structures and pipe
lines requiring the use of heavy equipment have been completed, excavation necessary for the
construction of walkways and steps may be performed. Excavation shall be accurately cut to line
and grade; sufficient width for the accurate placement and adequate support of the forms shall be
allowed. After the forms are removed, the backfill shall be replaced and recompacted around
structures, walks and steps. Care shall be taken to avoid damage to the walks and steps by the
tampers.
TS-3
Topsoil shall be evenly spread over the entire area to receive vegetation cover. The compacted
subgrade shall be scarified to a depth of 2 inches for the bonding of topsoil with the subsoil.
Topsoil shall then be evenly spread, lightly compacted (not less than one pass of a cultipacker
weighing 100 to 160#/ft. of roller) and graded to a uniform thickness of not less than 3 inches,
and the surface shall conform to the requirements of site grading, ditches, embankments, or other
features, as applicable.
Ditches shall be cut accurately to line, grade, and cross-section. Any excessive ditch excavation
shall be backfilled to grade with material approved by the Engineer, consisting of suitable
excavated soil, borrow, or stones or cobbles. The requirements of paragraph "Site Grading"
above, shall apply to ditches except as follows: The degree of smoothness shall be that usually
obtainable with string line or hand raking methods; the finished surface of ditch slopes shall not be
more than 0.10 foot above or below the appropriate elevations.
Embankment: Sloping ground surface, steeper than one vertical to four horizontal, on which
embankment or fill is to be placed, shall be plowed, stepped, or broken up in such manner that the
embankment material will bond with the existing surface. Approved material, consisting of earth,
sandy clay, sand and gravel, clay gravel, soft shale, or other granular material (not containing
muck, trees, stumps, brush, matted roots or other clods of earth or stones) shall be placed in
horizontal layers of loose material not more than 8 inches in depth. Each layer shall be spread
uniformly and tamped and compacted to 95 percent of the density measured by Standard Proctor
ASTM D698. Tamping shall be accomplished by sheepsfoot rollers or mechanical hand tampers.
Final compaction may be by an approved power roller weighing not less than 10 tons, except
where insufficient cover may cause damage to pipe.
CRUSHED STONE SURFACING FOR UNPA VED DRIVEWAY REPLACEMENT:
The subgrade shall be scarified 6" deep and then recompacted to 100% ASTM D698. Over the
compacted sub grade compact a 4" thick Class A sand clay base compacted to 100% of ASTM
D698 density. The 2" compacted crushed stone surface course shall be installed over the base.
INSPECTION AND TESTS:
The Engineer, at his discretion, may order tests and inspections to the performed during the
progress of the work, or at the completion of any individual unit of the work, or at the time of
final inspection of the entire project. Random spot checks of elevation and slopes shall be
conducted by ordinary differential level and profile methods. Random spot checks of topsoil
thickness shall be conducted by cutting through the surface with a spade or mattock, and
measuring the thickness of topsoil exposed. Density of embankment, fill, backfill or subgrade may
be measured according to the procedures of ASTM D698.
GRASSING:
Areas of road shoulders and other property disturbed by construction operations shall be grassed
in accordance with the GRASSING section of the specifications. Areas to be grassed shall be
planted, maintained, and shall utilize topsoil, lime, fertilizer, proper and approved grass and mulch
TS-4
sufficient to produce a cover suitable to eliminate significant erosion.
MAINTENANCE:
Inspection of site work as it is completed, shall not constitute final acceptance of the item. The
Contractor shall maintain all items in such condition as to be ready for final inspection from the
time of completion until the final acceptance of the entire project.
PAYMENT:
Payment for clearing, grubbing, site grading, borrow material, sediment containment, crushed
stone driveways, and erosion control shall be included in the unit price for water lines, lump sum
price and other unit price or lump sum prices as appropriate.
No other separate payment will be made for the work covered by this section of the specifications
and all costs in connection therewith shall be included in the appropriate lump sum or unit price in
the Bid.
SECTION T-2 - EXCAVATION. FILLING AND BACKFILLING
SCOPE:
The work covered by this section of the specifications consists of furnishing all plant, labor,
equipment, appliances, materials, layout staking and grade staking and supervision, and in
performing all operations in connection with the excavation, filling and backfilling for structures
and piping in strict accordan~e with this section of the specifications, the applicable drawings and
terms and conditions of the Contract.
CLASSIFICA TION OF EXCA VA TION:
All excavation shall be unclassified.
EXCAVATION:
General: The excavation shall conform to dimensions and elevations appropriate for the pipe
line or structure. Excavation shall not be carried below the elevation necessary for construction.
Excavation for Walls and Footings shall extend a sufficient distance to allow for the placing and
removal of forms, installation of services and for inspection, except where the concrete wall or
footing may be authorized to be deposited directly against excavated surfaces.
Trench Excavation: Trenches shall be excavated true to line and grade. Trenches to receive pipe
having a nominal diameter of 24 inches or les~ shall not be less than 12 inches wider nor more
than 16 inches wider than the outside diameter of the pipe to be laid therein, so that a clear space
of not less than 6 inches nor more than 8 inches in width is provided on each side of the pipe.
TS-5
The maximum width specified applies to the width at or below the level of the top of the pipe.
The width of the trench above the pipe may be as wide as necessary to provide room for proper
installation of the work. The contractor shall comply with the safety requirements of OSHA.
The bottoms of trenches for water lines shall be rounded so that the lower 90 degree quadrant of
the pipe is in direct contact throughout its entire length with undisturbed earth or with suitable
compacted fill material. Bell holes and excavation for joints shall be dug by hand after the trench
bottom has been shaped. These holes shall be so spaced and sized as to permit first class
workmanship on the joint and to insure that the maximum length of pipe possible will rest on the
prepared bottom of the trench.
Where rock is encountered in the trench bottom, the excavation shall be carried below the bottom
of the pipe a distance of 6 inches or one-eighth the outside diameter of the pipe, whichever is
greater. Where, in the opinion of the Engineer, the natural trench bottom is soil which is
incapable of satisfactorily supporting the pipe, such unsuitable soil shall be removed to the depth
required as determined at the site. The trench bottom shall then be refilled with selected refill
material, placed in 8 inch layers and compacted at optimum moisture content. Each layer shall the
thoroughly tamped. The refill shall be brought to the proper elevation for the pipe.
Dewatering and Drainage of Excavated Areas: Grading in the vicinity of structures shall be
controlled to prevent surface water from running into excavated areas. Dewatering by pumping
or well pointing from excavated areas shall be performed by the contractor to provide a stable
excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to the Owner.
All dewatering methods shall be subject to the approval of the Engineer as to capacity and
effectiveness. Water removed from the excavated areas shall be conveyed in a proper manner to
a suitable point of discharge where it will neither cause injury to public health, public or private
property, the surface or use of streets by the public or work completed or in progress.
Protection Against Flotation: To guard against the danger offIotation of empty or partially empty
pipe due to a high water table, all dewatering operations shall be continued without interruption
until such time as sufficient backfill has been placed over the top of the pipe to overcome the
buoyancy effect of a completely empty pipe which is entirely submerged.
Shoring and Protection of Excavations: Shoring shall be provided by the contractor as
necessary to protect life or property. All existing structures, streets, pipes, and foundations
which are not to be removed or relocated shall be adequately protected or replaced by the
Contractor without cost to the Owner. The Contractor shall adequately protect the work under
construction and the safety of his workman in excavations by the use of suitable sheeting, shoring
and bracing, or by sloping the banks in accordance with the angle of repose of the soil.
The contractor alone is responsible for any damage or injury resulting from his failure either to
provide adequate protection from the excavation or to comply with OSHA requirements.
Excess Material: Excess material to be used for backfill shall be stockpiled as directed by the
Engineer. Excavated material shall be deposited a sufficient distance from the side of excavation
TS-6
walls to prevent excessive surcharge on the wall. Excess excavated material not suitable or
required for backfill or filling shall be wasted within the limits of the site as directed by the
Engineer.
Blasting: Where blasting is necessary, it shall be done in accordance with ordinances by skilled
operators end precautions shall be taken to avoid damage. Suitable mats shall be provided to
confine, within the limits of the excavations, all materials lifted by blasting.
FILL:
Earth fill shall be placed in layers not to exceed 8 inches in thickness. Each layer shall be
compacted at optimum moisture content in a manner approved by the Engineer. After
compaction, the dry weight per cubic foot for each layer shall be at least 95% of the maximum
Laboratory Dry Weight per cubic foot, as determined by the ASTM D 698.
BACKFILLING:
The Engineer shall be notified before backfilling in order that the work may be inspected before it
is covered. After completion of the foundation footings, walls, or pipe work, and prior to
backfilling, all forms shall be removed and the excavation shall be cleared of all trash and debris.
Symmetrical backfill shall be placed in horizontal layers not in excess of 8 inch thickness, and
shall have an optimum moisture content when compacted. After compaction, the dry weight per
cubic foot for each layer shall be at least 95% of the maximum Laboratory Dry Weight per cubic
foot, as determined by ASTM D 698.
FILL AND BACKFILL MATERIAL:
Material for fill and backfilling shall consist of the excavated material, if suitable, or borrow
approved by the Engineer, and shall be free of trash, lumber, or other debris, roots and other
organic, perishable or deleterious matter.
MATERIAL FOR TRENCH BACKFILL:
Borrow material for trench backfill shall consist of sand soils or sand clay soils capable of being
readily shaped and compacted to the required densities and shall be free of roots, trash, and any
other deleterious material.
SELECTED REFILL MATERIAL
When directed by the Engineer, selected refill material shall be used to refill the trench bottom
where unsuitable soil is encountered; or, where rock excavation is required in trenches for water
lines, selected refill material shall be used to refill the trench bottom to a minimum depth of 6
inches. Such material shall be crushed stone or gravel of suitable gradation free from sod, sticks,
roots and other organic, perishable or deleterious matter. The Contractor shall obtain prior
approval from the Engineer of the material proposed for the above use.
TS-7
PA VEMENT REMOVAL AND REPLACEMENT:
The contractor shall replace or repair all pavement which has been removed or damaged in his
trenching operation with pavement of equal quality but not less than 8" of 4,000 p.s.i. concrete,
plus 2" hot plant mix over compacted fill. Sufficient pavement shall be replaced to allow for at
least one foot outside of excavation limits or damaged portions. The existing pavement shall be
neatly cut vertically and on a uniform horizontal alignment. The type of paving used in patching
shall be the same as the original pavement and shall be tied into the adjacent pavement or slab as
directed by the Engineer. Pavement subgrade and pavement under the cognizance of local and
state highway departments shall be replaced in strict accordance with their standards or direction.
The Owner will provide permits for the opening of the pavement. The Contractor shall meet all
of the requirements of such permits for work which is done within the highway right-of-way.
EROSION AND SEDIMENT CONTROL~
Temporary Silt Fencing shall be installed to limit the migration of silt from the construction area
to waterways or proximate water courses. Filter fabrics free of defects or flaws shall be installed
against a stable, post supported wire backing to intercept all runoff from the construction site.
Filter Fabrics Materials shall be strong rot-proof synthetic fibers formed into a fabric of either the
woven or nonwoven type. Either type of fabric shall be free of any treatment or coating which
might significantly alter its physical properties after installation. The fabric shall contain
stabilizers and/or inhibitors to make the filaments resistant to deterioration resulting from
exposure to sunlight or heat. The fabric shall be a pervious sheet of synthetic fibers oriented into
a stable network so that the fibers retain their relative position with respect to each other under
normal handling, installation, and service conditions. Edges of the fabric shall be finished to
prevent the outer yarn from pulling away from the fabric.
During all periods of shipment and storage, the fabric shall be wrapped in a heavy-duty protective
covering which will protect the cloth from sunlight, mud, dust, dirt, and debris. The fabric shall
not be exposed to temperatures greater than 140 degrees F.
The fabric shall meet be following physical requirements:
Tensile Strength (Lbs. Min.)
(ASTM D-4632)
Warp - 120
Fill- 100
Elongation (% Max.)
(ASTM D-4632)
40
AOS (Apparent Opening Size) (Max-
Sieve Size) (ASTM D-4751)
#30
Flow Rate (Gal/Min/Sq .Ft.)
(GDT-87)
25
TS-8
Ultraviolet Stability (2) 80
(ASTM D-4632 after 300 hours
weathering in accordance with
ASTM D-4355)
Bursting Strength (pSI Kin.) 175
(ASTM D-3786 Diaphragm Bursting
Strength Tester)
Minimum Fabric Width (Inches) 24
Filter Fabric Backing shall be woven wire and attached to the posts by wire, cord, staples, nails,
or other acceptable means. The filter fabric shall be installed in such a manner that 6 to 8 inches
of fabric is left at the bottom to be buried and a minimum overlap of 18 inches is provided at all
splice joints. After the fabric is installed in a trench, the trench is then to be backfilled and
compacted so that no flow can pass under the barrier.
The Wire Support Fence shall be at least 24" high and shall have at least 6 horizontal wires 4X4
WI..4 X WI.4 or equal.
Posts shall be a minimum of 4 feet long and either wood or equivalent steel posts may be used.
Soft wood posts shall be at least 3 inches in diameter or nominal 2" X 4" and straight enough to
provide a fence without noticeable misalignment. Maximum post spacing shall be 4 feet.
Wire StapleslFasteners shall be #17 gauge minimum and shall have a crown at least 3/4 inch wide
and legs at least 1f2 inch long. Nails for fasteners shall be #14 gauge minimum, 1 inch long with
3/4 inch button beads. Fasteners shall be evenly spaced with at least 4 per post.
Straw Bale Ditch Checks: To control erosion in waterways and to provide additional restriction
of silt migration, temporary ditch checks shall be installed. Standard rectangular mechanically
produced straw bales shall be anchored to 2x4x4'-Q" posts set 2.5' below grade.
Removal of Temporary Soil Erosion and Sediment Control Measures: After permanent erosion
control features of the work site are complete and ample grass is established, the temporary
fences, ditch checks, etc. shall be removed. Silt which has collected shall be removed, or when
appropriate, regraded, stabilized, and planted.
RESTORATION OF PRIVATE PROPERTY:
The contractor shall carefully restore all private property defaced by operations or acts of any of
his agents or employees. Such restoration shall include seeding, sodding, and transplanting of
lawns, hedges or ornamental plantings, and the repair or replacement of other private facilities in
such manner as to meet the approval of the Engineer and at no additional cost to the Owner. No
structures or trees shall be removed without the consent of the property owner or until
condemnation procedure, if necessary, has been completed.
TS-9
PAYMENT:
Except as specifically stated in the items which follow, no separate payment shall be made for
common excavation for structures and pipeline trenches; backfill; pipe bedding; protection of
utilities; maintenance of usable driving surfaces free from potholes; depressions and ruts, erosion
control and sediment containment measures; and other work covered by this section of the
specifications. Such work shall be considered as a subsidiary obligation of the Contractor in
completing the work and all costs in connection therewith shall be included in the applicable lump
sum or unit price items in the Bid.
Pavement replaced over trench excavations will be paid for on the basis of the applicable unit
price per linear foot as set forth in the Bid.
Resurfacing: For roadway sections which must be resurfaced, payment will be made per square
yard for the resurfacing applied over the pavement replacement over trench excavations as wall as
the adjoining area within the resurfacing limits.
SECTION T-3 - CONCRETE
SCOPE:
The work covered by this specification consists of furnishing all plant, labor, equipment,
appliances, and materials, and in performing all operations in connection with the installation of
concrete work, complete, in strict accordance with this specification and the applicable drawings,
and subject to the terms end conditions of the Contract.
APPLICABLE SPECIFICATIONS:
The current edition of the following specifications form a part of this specification:
American Society for Testing Materials Designation:
C33
C 150
A615
C94
C 31
Concrete Aggregates
Portland Cement
Reinforcing Steel
Ready-Mix Concrete
Method of Making and Curing Concrete Compression and Flexure
Test Specimens in the Field
American Concrete Institute Publications:
ACI 318
ACI315
Building Code Requirement for Reinforced Concrete
Manual of Standard Practice for Detailing Reinforced Concrete
Structures
TS-I0
CONCRETE:
Materials:
Cement: Portland Cement shall be Type I or Type III conforming to ASTM C 150. Only one
brand of cement shall be used for exposed concrete in any individual structure.
Fine Aggregate shall consist of natural sand, manufactured sand or a combination thereof,
conforming to the requirement of ASTM C 33, Concrete Aggregate.
Coarse Aggregate shall consist of crushed stone, gravel, or air cooled blast-furnace slag, or a
combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregates.
Water shall be clean and free from oils, acids, salts, or other injurious substances.
Admixtures shall be used to provide entrained air. Other admixtures shall be used only with
written approval of the Engineer. Air entraining admixtures shall conform to ASTM C 260.
Other admixtures shall conform to ASTM C 494. Calcium chloride will not be permitted.
Curing Materials shall be approved by the Engineer before use.
Reinforcing steel for concrete shall conform to ASTM A 615, Grade 40 or Grade 60 except as
otherwise noted on the drawings. Shop drawings are required.
Storage of Materials: Cement and aggregates shall be stored in such a manner as to prevent
deterioration or intrusion of foreign matter. Steel reinforcing shall be stored in such a manner as
to the protected from rusting, oil, grease, and distortion.
Mix: All concrete shall have a minimum 28-day compressive strength of 4,000 pounds per
square inch and a slump of 4 inches, unless otherwise indicated. All concrete shall be mixed in a
power operated batch mixer. The contents of the mixer shall be completely discharged before
each new batch is loaded. Ready mix concrete shall conform to ASTM C 94. The use of
retempered concrete will not be permitted.
Concrete for pipe encasement, blocking, and collars shall have a minimum strength of3,000 psi.
Forms: Walls, beams, elevated slabs, footings, piers, cradles, collars, encasement, blocking,
floors and other members shall be formed, where necessary, to accurately conform to the
appropriate shape, lines and dimensions. Wood forms shall be made from lumber of No.2
Common Grade or better. They shall be properly braced and tied so as to maintain their position
and shape, and shall be sufficiently tight to prevent leakage of grout.
Finish: Floor shall be wood float finished except those normally exposed to view shall be
troweled. Walls shall be smooth, free from holes, pockets or honeycomb; fins shall be cut off;
depressions, holes, and rough spots shall be carefully pointed. Wall surfaces normally exposed to
view shall be rubbed.
TS-ll
Cylinders: Two cylinders per 50 yards of concrete and not less than two for each day's pour shall
be tested for 28-day strength.
PAYMENT:
Except as specifically stated in the following items, no separate payment will be made for work
covered by this section of the specifications and all costs in connection therewith shall be included
in the applicable lump sum or unit price items in the Bid.
SECTION T-4 - WATERLINES
SCOPE:
The work covered by this section of the specifications consists of furnishing all plant, labor,
supervision, equipment and materials, and performing all operations in connection with the
installation and testing of the water line and appurtenances, complete, in strict accordance with
this section of the specifications and the applicable plans, and subject to the terms and conditions
of the contract.
GENERAL:
All piping and accessories furnished by the contractor for incorporation in the work shall be new,
unused, and of the type specified herein, and listed in the Bid. All material and construction must
be in accordance with the A WW A standards and any PVC material or plastic service line used
must bear the National Sanitation Foundation (NSF) seal of approval for potable water use. All
pipe, solder and flux used during installation of the water lines must be "lead-free" with not more
than 8% lead in pipes and fittings, and not more than 0.2% lead in solder and flux.
In installation, no blocking of pipe barrel above the trench bottom will be permitted. Any pipe
which has its alignment, grade, or joints disturbed after laying shall be taken up and relaid. The
interior of the pipe shall be thoroughly cleaned of all foreign matter before laying in the trench and
shall be kept clean during laying operations by means of plugs or other approved methods. The
pipe shall not be laid in water or when trench or weather conditions are unsuitable for work, and
water shall be kept out of trenches until the pipe joints have been completed. When work is not in
progress, open ends of pipe and fittings shall be securely plugged so that trench water, earth or
other foreign substance cannot enter the line.
EXCA VA TION, TRENCHING AND BACKFILLING:
Excavation, trenching and backfilling shall be in accordance with the requirements of Section T -2.
Excavation required for construction of the water lines shall be either common excavation or rock
excavation.
TS-12
SERVICE PIPING SCHEDULE:
Unless otherwise indicated, pipe and fittings shall be constructed of the materials shown in the
following schedule for the service indicated. Cast iron pipe or ductile iron pipe and fittings shall
be used for all piping except as may be otherwise indicated in the following schedule:
Service
Water Line Piping
Pipe Material
D.I.P. (Thickness Class 53)
Underground (Pressure Class 350)
Fitting Material
FIg. above ground;
push-on, or MJ.
below ground.
DUCTILE mON PIPE~
General: Before work is begun the Contractor will furnish to the Engineer layout drawings
showing all details for all horizontal and vertical curves, restrained joints, and all other specials
and special joints.
All pipe and fittings may be inspected at the place of manufacture representatives of the Owner
and/or by a testing laboratory of the Owner a selection. Such inspection shall not in any way
relieve the Contractor from the responsibility for the compliance of all materials installed as
specified nor shall such inspection in any way relieve the manufacturer from his responsibility for
materials he furnished to be as specified.
Underground:
Underground pipe shall be ductile iron, Pressure Class 350, in accordance with ANSI
Specification A21.50 and A21.51, using 60/42/10 grade of iron. Fittings shall be ductile iron,
mechanical joint, 250 P.5.1. rating, in accordance with ANSI A21.10. Pipe and fittings shall be
coated on the outside with a bituminous coating, and lined with cement lining in accordance with
ANSI A21.4.
Joints and Jointing Materials:
Joints in underground ductile iron pipe shall be mechanical joint or push-on joint, with
restrained mechanical joints where indicated. All joints and jointing materials shall conform to
the requirements of ANSI A21.11.
Mechanical Joints shall conform to ANSI A21.1O and A21.11, and shall have gaskets smooth and
free from any porosity or imperfections; gaskets shall be made of vulcanized natural or vulcanized
synthetic rubber. Bolts for mechanical joints shall be standard, high-strength, heat-treated cast
iron tee-head bolts with hexagon nuts meeting the requirements of ANSI -A2I.11.
Push-on Joints shall have gaskets made of vulcanized natural or compound conforming to
ANSI A21.11 and smooth and free from all imperfections and porosity. Lubricant for push-on
joints shall be non-toxic, shall not support bacteria growth and shall have no deteriorating
effect on the gasket material.
TS-13
Restrained Joints: Concrete blocking for restraint may be used where it clearly will not
interfere with other piping or structures and where firm support is available by concrete bearing
against the trench wall; otherwise, piping shall utilize restrained joints. Restrained Joints shall be
American CIP "Fast Grip", U.S. Pipe "Field Lok" or comparable product which utilizes a positive
restraining gasket. Installation techniques shall comply with the joint manufacturer's
recommendations. See also "Assembly Instructions" on page T4-3 and "Reaction Support" on
page T 4-4.
Installation:
Handling: Pipe and accessories shall be handled in such a manner as to insure delivery on the
site and installation in the trench in a sound, undamaged condition. Particular care should be
taken not to injure the coating.
Cutting of pipe shall be done in a neat and workmanlike manner without damage to the pipe or
its coating. Cutting shall be done by means of an approved type of mechanical cutter. After
cutting, all burrs and other roughness shall be removed and the exterior of the spigot end suitably
beveled to facilitate assembly. If cutting is not possible, short lengths of pipe shall be furnished as
necessary.
Placing and Laying: Pipe and accessories shall be examined for defects and tapped with a
light hammer to detect cracks while suspended in the sling before installing. All damaged,
defective or unsound items will be rejected and removed immediately from the site of the work.
Deflection from a straight line and grade as required by vertical or horizontal curves or offsets
shall not exceed the values presented in the following schedule.
Schedule for Maximum Deflection:
Pipe Size
(Inches)
6
8
10
12
16
18
20
Max. Deflection (Inches per 18 ft. length)
Push-on Joint Mechanical Joint
21 30
21 22
21 22
21 22
21 15
21 12
21 12
If alignment requires deflections in excess of the above limitations, the Contractor shall provide
special bends or a sufficient number of shorter lengths of pipe to provide angular deflections
within the limits set forth. Pipe shall be placed in the trench and bedded as required in Section T-
2. Except where necessary in making connections with other lines, or as authorized, pipe shall be
laid with the bells facing in the direction of laying.
TS-14
Jointing:
Push-on Joints shall be assembled by pre-positioning a continuous, molded rubber ring gasket
in an annular recess in the pipe socket and forcing the spigot end of the entering pipe into the
socket, thereby compressing the gasket radially to the pipe to form a positive seal. The design
and shape of the gasket and the annular recess shall be such that the gasket is locked in place
against displacement as the joint is assembled. Details of the joint design shall be in accordance
with the manufacturer's standard practice. The size and shape of the gasket shall be such as to
provide adequate compressive force between the spigot and the socket after assembly to effect a
positive seal under all combinations of the joints and gasket tolerances. Contractor shall furnish
both the Owner and the Engineer with one copy of the pipe manufacturer's joint assembly
instructions. The Contractor shall adhere strictly to the pipe manufacturer's joint assembly
instructions.
Mechanical Joints: The last 8 inches of the spigot and inside of the bell of mechanical joint
pipe shall be thoroughly cleaned and then painted with a soap solution made by dissolving one-
half cup of granulated soap in one gallon of water. The cast iron gland shall then be slipped on
the spigot end of the pipe. The rubber gasket shall be painted with the soap solution and placed
on the spigot end with the thick edge toward the gland. The entire section of the pipe shall be
pushed forward to seat the spigot end in the bell. The gasket shall then be pressed into place
within the bell, being careful to have the gasket evenly positioned around the entire joint. The
cast-iron gland shall be moved into position for bolting, all bolts inserted, and the nuts screwed up
tightly with the fingers. Nuts spaced 180 degrees apart shall be tightened alternately to produce
an equal pressure on all parts of the gland. A suitable torque-limiting wrench shall be used with
maximum torque as recommended by the manufacturer.
Restraining Gasket Assembly Instructions:
For cold weather assemblies, keep the temperature of the Gaskets above 400 F.
For cut pipe, select pipe with diameters or circumferences at the cut location which conform to
the table given below.
For cut pipe, assure that a tapered bevel similar to the one furnished with the pipe is ground onto
the end of the pipe.
Measure the socket depth and make a mark on the pipe spigot that distance from the end of the
pIpe.
Keep the joint in straight alignment during assembly, especially when handling fittings. Do not
fully "home" the joint if joint deflection is required. Set the joint deflection after the assembly is
made.
Approximately twice as much assembly force may be required to assemble a Restraining Gasket
into a joint than is required for a conventional push-on joint Gasket.
TS-15
Check for correct positioning of the restraining gasket by inserting a feeler gauge in the space
between the bell and the pipe OD in several locations around the socket to assure that the gasket
is in proper position in the socket in accordance with the manufacturer's instructions.
Cleaning: A pipe swab shall be kept in the pipe at all tines to prevent debris from entering the
newly laid pipe. Whenever pipe laying operations are ceased, a watertight, inflatable plug shall be
installed in the open end of the pipe to prevent ground water from entering the newly laid pipe.
Incidental Items:
Reaction Support: AIl plugs, caps, tees, wyes, and at bends deflecting 11 ~ 0 or more on
pipe lines 6 inches in diameter, or larger, shall be given reaction support as hereinafter specified.
Reaction support shall be of3,000 lb. concrete bearing directly against undisturbed earth of the
trench wall. Sufficient thrust block bearing area shall be installed to distribute the thrust into
undisturbed earth at a rate not exceeding the allowable soil bearing value. Where conditions are
such that the bearing value of the trench wall will not provide satisfactory support or where the
angles or direction of pipe line deflections will not permit adequate thrust block restraint, the
Contractor will be required to furnish and install restrained joints, American CIP "Fast Grip", U.
S. Pipe "Field Lok", or equal, on each restrained mechanical joint of ductile iron pipe. Joint
restraint gaskets may be used for restraint of underground push-on joints. Where restrained
joints are used in lieu of thrust block restraint, at least three lengths of pipe in each direction
from the turn shall be fitted with restrained joints also. After installation, any tie rod assemblies
shall be fully field coated with coal tar bitumastic to prevent corrosion.
Above ground pipe shall be ductile iron, thickness Class 53 for Flanged Pipe in accordance
with ANSI Specification A21.50 and A21.51, using 60/42/10 grade of iron. Flanged pipe shall
have threaded on ductile iron flanges. Pipe shall be manufactured in accordance with A WW A
Specification C 115/21.1. 5. Pipe shall be coated on the outside with a bituminous coating, and
lined with cement lining in accordance with ANSI A21.4.
Flanged Fittings shall be ductile iron in accordance with the requirements A WW A
specification C 11 0, coated and lined same as pipe. Flanges shall be faced and drilled to match
A WW A 0115 threaded-on flanges.
WALL SLEEVES AND WALL PIPES:
The penetration of pipes passing through concrete walls shall be made watertight. Pipes 6" and
larger shall have cast iron or ductile iron wall pipes or wall sleeves with mechanical seals. Wall
pipes shall have a dam inside the wall and shall have the proper joint to connect with the pipe on
each side of the wall. Wall sleeves shall have a dam inside the wall and shall be sealed with a
Thunderline Link Seal or caulked between the pipe and sleeve with oakum and lead, unless
otherwise shown on the plans. When fully installed, the seals shall provide an absolutely
watertight closure between the wall sleeve and carrier pipe. Before casting concrete, wall pipes
and sleeves shall be accurately positioned and secured.
TS-16
Concrete: All concrete for encasement and reaction blocking shall have a minimum 28-day
compressive strength of3,000 psi.
CONCRETE COLLARS, CRADLES, SADDLES, AND ENCASEMENT:
Collars, cradles, saddles, or encasement shall be constructed of concrete with a minimum 28-day
strength of3,000 psi.
CONNECTIONS TO EXISTING MAINS:
The Contractor shall furnish and install all fittings and appurtenances necessary to make
connections to the existing distribution system. The Contractor shall coordinate his activities
with the superintendent of the water system so that the work can be accomplished in a manner
and at such time that a minimum interruption of service will occur.
The tapping sleeves and valves shall conform to the requirements of Section T -5. The Contractor
shall verify the material and size of the pipe line to be tapped or connected to.
PROVISIONS FOR FUTURE CONNECTIONS:
Where a pipe end is for a future connection, it shall consist of a valve, a blocking collar and a
restrained joint extension and cap.
HOUSE SERVICES:
Service Saddles for ductile iron pipe shall be Mueller Single Strap Style H10493, or equal for 12"
pipe, tapped 3/4 inch A WW A taper.
Corporation Stops shall be bronze with 3/4 inch A WW A taper thread inlet and pack joint outlet
for 3/4 inch copper tube size, Ford Meter Box Co. Catalog No. 3/4" FlOOO, Mueller HISOOO, or
equal.
Meter Box shall be cast iron shallow type stretch yoke meter box, %" X 3/4" backflow preventer,
Ford Meter Box Co. Catalog No. LYLE 222-24l-G, lockless type, or comparable approved
product.
Service Line shall be 3/4 inch copper tube size Type K (0,875" OD).
SAMPLE TAPS:
Sample taps shall be provided at 3,000 foot intervals and at the end of the line. Sample taps shall
consist of a corporation stop, a riser, and a hose bib 12 inches above grade. Hose bib shall be
capable of being sterilized by an open flame. Meter water samples have been tested and approved
the hose bib and riser shall be removed and the outlet of the corporation stop plugged.
TS-17
TESTING:
General: After completion of the piping, it shall be tested for leaks in accordance with AWWA
600-82 and proved tight at 150 psig. The Contractor shall provide, at his expense, all labor,
supervision, pumps, measuring devices, power, miscellaneous equipment and water necessary for
performance of all testing on all piping in accordance with the requirements of these
specifications.
HydrostaticT ests:
. Pressure Test: After pipe has been laid and partially backfilled, all newly laid pressure pipe or
any valved section thereof shall be subjected to the appropriate hydrostatic pressure based on the
elevation of the lowest point in the line or section under test and corrected to the elevation of the
test gage. The duration of each pressure test shall be at least one hour. Before applying the
specified test pressure, all air must be expelled from the line. The Contractor will make the
necessary taps and insert plugs after the test is completed. All exposed pipe, fittings, valves, and
joints shall be carefully examined before backfilling. All defective joints shall be repaired or
replaced to the satisfaction of the Engineer. Any cracked or defective pipe, joints, fittings,
valves or hydrants discovered in consequence of this pressure test shall be removed and replaced
with sound material and the test shall be repeated until satisfactory to the engineer.
Leakage Test: The duration of the leakage test shall be two hours, and during test the main or
section of the main under test shall be subjected to the above noted pressure based on the lowest
point in the line or section under test and corrected to the elevation of the test gage. Leakage is
defined as the quantity of water to be supplied into the newly laid pipe, or any valved section
thereof, necessary to maintain the specified leakage test pressure after the air has been expelled
and the pipe has been filled with water at the test pressure. No pipe installation will be accepted
until leakage is less than the number of gallons per hour as determined by the formula.
L = DJ"p
133
L = Allowable leakage in gallons per hour/I 000 feet
D = The nominal diameter of the pipe in inches/IOOO feet
P = The average test pressure during the leakage test in pounds per square inch gage
STERILIZATION:
All piping complete with fittings and appurtenances shall be flushed until clean, and sterilized as
specified in AWWA Specification C 651-92, "Disinfecting Water Mains" Disposal of heavily
cWorinated water (following disinfection) must be accomplished in accordance with A WW A
Standard C651 (latest revision). The requirements of this paragraph apply equally to new pipe
and fittings, and to existing pipe lines into which connections have been made, or which may have
been otherwise disturbed to the extent that contamination may have occurred.
TS-18
CLEAN-UP:
Upon completion of the installation of the water lines and appurtenances, all equipment and
debris remaining as a result of the Contractor's operations shall be removed from the site of the
work.
PAYMENT:
Payment for water lines and fittings will be made on the basis of the applicable unit prices as set
forth in the Bid. Measurement to determine the length of water line for payment shall be along
the centerline of the various sizes furnished and installed, from center to center of fittings, with no
deductions for the space occupied by valves or fittings.
The payment shall cover all costs of every kind required for clearing and grubbing, excavation,
pavement removal, maintenance of driving surfaces, backfill, protection of utilities, cleaning up,
restoration erosion control, sediment containment, furnishing tile, furnishing tile materials,
installation, disinfection, testing and completing the installation.
All costs associated with the sample taps shall be included as a subsidiary obligation of the unit
price per L.F. of the water line.
No other separate payment will be made for work included in this section of the specifications and
all costs associated therewith shall be included in the appropriate lump sum or unit price item in
the Bid.
SECTION T-5 - VALVES AND HYDRANTS
SCOPE:
The work covered by this section of the specifications consists of furnishing all plant, labor,
supervision, equipment and materials, and performing all operations in connection with the
installation of the valves, valve markers, hydrants and appurtenances, complete, strict
accordance with this section of the specifications and the applicable plans, and subject to the
terms and conditions of the Contract.
GENERAL:
All valves, valve markers, hydrants and accessories furnished by the Contractor for incorporation
into the work shall be new, unused, and of the type specified berein. Valves for buried service
shall be furnished with mechanical joint connections. Hydrants and the associated valves shall
have restrained MJ connections. Each valve shall have the identifYing mark of the manufacturer,
year of manufacture and pressure rating cast on the body. All valves shall be gate valves, shall be
opened by turning counterclockwise and shall have an arrow cast into the metal of the operating
nut or on the handle or wheel to indicate direction of opening. ALL valves shall be furnished by a
single manufacturer.
TS-19
GATE VALVES:
Gate valves shall be of the resilient seated type designed for a minimum working pressure of 200
psi. Underground valves shall have mechanical joint ends to match the piping in which they are
installed. Exposed valves shall be flanged. Gate valves shall have a clear waterway equal to the
full normal diameter of the pipe. Prior to shipment from the factory, each valve shall be tested by
hydraulic pressure equal to twice the specified working pressure. All valves shall use O-ring seals.
Gate valves 2 inches and larger shall be iron body, brass mounted and shall conform to the
specifications for Gate Valves for Ordinary Water Works Service, C500-80, by the AWWA.
Valves shall be installed in valve boxes and shall be non- rising stem type with 2-inch square
operating nut.
VALVE BOXES:
Underground valves shall be installed with cast iron valve boxes having a suitable base and shaft
extension sections to cover and protect the valve and permit easy access and operation. Box
assemblies shall be Mueller No. H-I0357, or equal. The word WATER shall be cast on covers.
An I8-inch square by 6-inch thick concrete slab shall be cast around the top of the valve box with
the top of the box slab being flush with pavement in paved areas or 2 inches above finished grade
in unpaved areas.
VALVE MARKERS:
Valve markers shall be constructed of reinforced concrete with the letters "W" and "V' cast in
post.
CHECK VALVES:
Each check valve shall be a hydraulic double cushioned type constructed with a cast iron body, a
non-corrosive interior, GA Industries Fig. 2730 D or equal. The cushioned check valve shall be
of the globe type with flanged ends faced and drilled conforming to ANSI standard.
TAPPING VALVES:
The Contractor shall furnish and install tapping sleeves with valves and all other fittings and
appurtenances necessary to make connections to the existing water distribution system. The
Contractor shall verify the material and size of the pipe line to be tapped, or connected into.
Tapping valves shall conform to the requirements of gate valves specified above and fitted with
mechanical joint ends. Valves shall be Mueller No. H667, Clow No. F-5093, or an approved
equal.
TS-20
FIRE HYDRANTS
The Contractor shall furnish and install fire hydrants in conformance with the following
requirements:
Materials Fire hydrants shall be cast iron, fully bronze mounted designed for 150 psi working
pressure, and shall conform to the requirements of A WW A C502. Hydrants shall be suitable for
connection to pipe having 42 inch cover. Stem and barrel extensions shall be installed where
necessary to bring the hydrants to an approved mounting height. Hydrants shall have a minimum
valve opening of 5-1/4 inches, and shall be equipped with two 2-1/2 inch hose nozzles and one 4-
1/2 inch pumper nozzle, with National Standard Hose Thread, and shall be Mueller Improved
Type No. A-423 with oil reservoir, or approved equal. Each hydrant shall have the standard red
enamel paint finish.
Installation: Hydrants shall be set plumb and at such elevation that the connecting pipe shall have
at least 42 inch cover over the pipe. Earth fill suitable for backfill as previously defined, shall be
carefully placed in 6 inch layers and to 3 feet on all sides, or to the undisturbed face of the trench
if nearer, and carefully tamped. Not less than 7 cubic feet of crushed or broken stone shall be
placed around the base of the hydrant to insure drainage. The interior of the hydrant shall be
thorougWy cleaned of all foreign matter prior to installation, and after installation, each hydrant
shall be operated to assure proper operation. The 6 inch auxiliary valve shall be independently
secured to the hydrant and main line tee with fully restrained joints or tie rod harness. Tie rod
harness shall consist of Star Fig.7 tie bolts with threaded rods and nuts. Entire assembly shall be
coated with coal tar bitumastic after installation. Concrete blocking will not be permitted.
CORPORA TION STOPS:
Corporation Stops shall be solid brass. Sample taps shall have %" Mueller No. H-I0045
Corporation Stops; house service connections shall have %" H15000 Corporation Stops and
Mueller No. 1115209 Service Line Valves (Curb Stops) or angle type iflocated at the meter box.
After removal of the sample tap riser, the stop shall be tightly sealed with a brass plug.
PAINTING AND PROOF REQUIREMENTS:
Painting and Testing: All iron surfaces of the valves shall be painted; surfaces shall be clean, dry,
and free from grease before painting. The valve surfaces, except for seating, shall be evenly
coated with a suitable primer to inhibit rust or black asphalt varnish in accordance with Federal
Specification TT-V-SIC or 512. Hydrostatic and leakage tests shall be conducted in strict
accordance with A WW A C500.
Affidavit of Compliance: The Vendor of the valves shall, upon completion of manufacture,
provide to the Owner an "Affidavit of Compliance in accordance with AWWA C500.
Proof-of-Design Test: Vendor shall include with his submittal certified copies of Proof-of-
Design Tests in accordance with AWWA C500.
TS-21
INSTALLATION OF VALVES AND VALVE BOXES:
Valves and valve boxes shall be installed where indicated or as directed by the Engineer. Valves
and valve boxes shall be plumb and valve boxes shall be centered directly over the valves. Earth
fill shall be carefully tamped around valve boxes to 3 feet on all sides or to the undisturbed face of
the trench if less than that distance. Valves shall have the interiors cleaned of all foreign matter
before installation. Stuffing boxes shall be tightened and the valve shall be inspected in both
opened and closed positions to see that all parts are in working condition. All piping and valves
shall be properly and adequately supported to prevent movement or undue strain on the piping
and equipment, and shall have cast concrete collars at grade.
INSTALLATION OF VALVE MARKERS:
A Valve Marker shall be installed as described at each new line valve (except where valve is
adjacent to a fire hydrant) just inside R/W edge.
TESTING, CLEAN-UP, AND STERILIZATION:
Testing and clean-up shall be performed in accordance with the provisions of Section T -4 of these
specifications. All valves shall be in place when lines are tested. Any cracked or defective valves
discovered in consequence of the testing shall be removed and replaced with sound material and
the test shall be repeated until a satisfactory test is achieved.
PAYMENT:
Payment for gate valves shall cover all costs of the installed valve, valve marker, valve ox,
extension and concrete slab, complete and in place.
Payment for fire hydrants shall be for the complete installation and shall include vertical
extensions, the auxiliary valve and valve box, the 6 inch pipe, joint connections and restraint,
crushed stone drain, and other appurtenant items, complete and in place.
No other separate payment will be made for the work covered under this section of the
specifications. All costs in connection therewith shall be included in the lump sum or unit price
items in the Bid.
SECTION T-6 - UNDERGROUND CROSSINGS OF HIGHWAYS
SCOPE:
The work covered by this section of the specifications consists offurnishing all plant, labor,
supervision, equipment and materials and in performing all operations in connection with the
installation of dry bored and jacked underground crossings of highways for water lines, complete,
in strict accordance with the specifications and the applicable plans, and subject to the terms and
conditions of the contract.
TS-22
GENERAL:
Work on highway right-of-way shall be under the supervision of the Chief Engineer of the agency,
or his authorized representative who shall be notified at least 15 days before actual work on the
installation is started.
UNDERGROUND CROSSINGS:
Water Lines: Underground crossings for water lines shall consist of a carrier pipe installed in a
casing pipe. The casing pipe shall be installed under the roadway by dry boring and jacking. The
carrier pipe shall be pushed through the casing pipe on skids or blocks fastened to the carrier pipe.
CASING:
Casing pipe shall be smooth steel pipe with a minimum yield strength of35,000 psi. Thejoints
shall be butt welded. A 1/16" corrosion allowance of wall thickness has been included in the
tabulated pipe data in lieu of any coating and wrapping requirement.
CARRIER PIPE:
Water Line: The carrier pipe for water lines shall be push-on joint ductile iron pipe conforming to
the requirements of the WATER LINES section of the Specifications. Gaskets shall the
restrained joint type.
Installation: Carrier pipe installed in steel casings shall be pushed through the casing pipe on
skids, blocks, or spiders securely fastened to be carrier pipe. The jacking operation shall utilize
soap or drilling mud as a lubricant and shall utilize timber cushioning on the end subjected to be
forces from the jacking device. Any damaged pipe shall be cut off and removed from the site.
After the carrier pipe has been checked and tested, the casing pipe shall be filled with sand and the.
ends sealed with brick and mortar.
ABORTED BORES:
Unsuccessful bore and jack installations which must be abandoned because of failure to meet
alignment and/or grade requirements, bore and jack attempts fiustrated by obstructions, or
otherwise unusable bore and jack installations shall be completely filled with concrete. The steel
casing may be left in place or withdrawn simultaneously with the filling of the hole with concrete.
Relocation for additional bore and jack attempts shall be made after consultation with the
Engineer.
SKIDS AND BLOCKING:
Skids and blocking shall be approved spiders or shall be treated NO.2 southern Yellow Pine;
pressure treatment shall be appropriate for foundation use. Straps, nuts, and bolts for attaching
skids and blocking shall be heavily coated with Bituminous paint.
TS-23
PAYMENT:
Payment for water lines under highways within the payment limits shall be made on the basis of
the applicable lump sum prices for the crossings listed in the Bid, complete, including carrier pipe,
concrete collars, casing pipe, and all other incidental items of work involved.
Payment for Aborted Bores shall be made on the basis of the unit price in the Bid for the
measured length of the aborted bore filled with concrete, complete in place. To qualify for
payment, the aborted bore shall have resulted from obstructions encountered through no fault of
the Contractor.
GRASSING
SCOPE:
This section covers the furnishing of all labor and materials and the performance of all work
required to assure the establishment of a dense permanent cover of common Bermuda grass on all
areas off the site disturbed by construction operations.
SEED BED PREP ARA TION:
Final grades will be established as shown on the plans prior to any seed bed preparation. Washes,
low spots and hillocks or windrows will be evened and the bed will be smoothed to facilitate
uniform drainage after establishment of the turf before tillage is begun. Graded surfaces will be
maintained in a smooth and even condition until the required cover is established.
After the areas to be seeded have been brought to an even and smooth grade, they shall be
thorougWy loosened to a depth of least six (6) inches by plowing, disking, harrowing, or other
approved methods until the tillage is acceptable as suitable for seeding. During tillage operations, .
the surface shall be cleared of all roots, cable, wire, or other waste material which might hinder
final grading, planting, or subsequent maintenance operations. Any operations of the Contractor,
shall be smoothed out before seeding operations are begun.
FERTILIZATION:
Fertilization shall be distributed uniformly at a rate of 1,500 pounds of commercial 10-10-10
analysis fertilizer per acre, and shall be incorporated into the soil to a depth of approximately three
(3) inches by disking, harrowing, or by other approved methods. The incorporation of fertilizer
may be apart of the tillage operation specified above, or a part of the hydro seeding procedure as
described below:
Immediately following, or simultaneous with, the incorporation of fertilizer, lime shall be
distributed at the rate of 2,000 pounds per acre and shall be incorporated into the soil to a depth
of at least three inches by disking, harrowing, or other acceptable methods. The incorporation of
lime along with the fertilizer may form a part of the tillage operation specified above.
TS-24
Not less than 30 days after completion of seeding, the Contractor shall furnish and apply Nitrate
of Soda or Ammonium Sulphate to the planted areas. Nitrate of Soda shall be commercial
product, containing not less than 16 percent Nitrogen and Ammonium Sulphate not less 20
percent Nitrogen. The Nitrogen fertilizer shall be uniformly spread and distributed with approved
equipment at the rate that will give not less than 60 pounds of available Nitrogen per acre. Other
commercial types of nitrogenous material may be substituted at the option of the Contractor. The
time of application shall be limited to the season of June through August.
SEEDING:
Permanent grass cover will consist of Common Bermuda seeded in accordance with one of the
following methods:
Between the dates of April 15 and September 15, Hulled Common Bermuda seed and Top Millet
seed shall be applied at a rate of 40 pounds of seed per acre.
If seeding is undertaken between September 15 and April 15, Unhulled Common Bermuda seed
shall be applied at a rate of 40 pounds of seed per acre simultaneously with Abruzzi Rye seed at a
rate of 200 pounds per acre.
Seed may be applied by means of a Hydroseeder or other means approved by the Engineer.
COMPACTION:
Immediately after seeding operations have been completed, the areas shall be compacted by means
of a cultipacker, roller wood float, or other approved equipment sufficiently weighted, or
compacted by hand methods, to reduce air pockets to a minimum. The completed planted areas
shall be left with a firm, even surface, free from abrupt humps and hollows, and to the established
grade.
MULCHING:
All areas planted to permanent grass shall be uniformly mulched with hay or straw at the rate of 1
~ tons per acre, except where hydro seeding is employed using cellulose mulch mixed with the
seed and fertilizer.
ACCEPTANCE:
Grassed areas will be accepted when a 95 percent cover by permanent grasses is obtained and
weeds are not dominant.
APPLICABLE SPECIFICATIONS:
Included by reference in this section are the requirements of Section 700, Grassing, Standard
Specifications for Highway Construction of the Georgia Department of Transportation, Edition of
1972.
TS-25
MEASUREMENT - PAYMENT:
Work performed under this section will be paid for at the lump sum price for Grassing appearing
in the Proposal Bid Schedule. Payment therefor will include full compensation for all materials,
labor and equipment required to establish the required permanent stand of grass.
TS-26
SECTION P
PROPOSAL
Date: ~-n~-9?
Gentlemen:
In compliance with your invitation for bids dated.i::..1S:-
1997, the undersigned hereby proposes to furnish all labor, equipment, and materials, and to
perform all work for the installation of streets, and appurtenances referred to herein as:
20" Water Main Extension along Barton Chapel Road
Project: ARC # U-96-052
in strict accordance with the Contract Documents and in consideration of the amounts shown on
the Bid Schedule attached hereto and totaling:
;t-~ ~-r~ -rI.~--.J_ ..i-~H~~;tli?~~ ~ N-- Dollars ($..r.;u~ 15.5. 1_~ )
The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10
days of receipt of such notice execute a formal contract agreement with the OWNER, and that he
will provide the bond or guarantees required by the Contract Documents.
The undersigned further agrees that, if awarded the contract, he will commence the work
within ~ calendar days after the date of written notice to proceed, and that he will complete the
work within -.2Q. working days after the date of such notice.
The undersigned acknowledges receipt of the following addenda: AdJ6~"'i'7'.# IJ Do.-t-gJ u;-oC.-<J7
Respectfully Submitted,
~LA'~ CLY\.!.STlZ..t'>..C-TIQIJ ).r.N.~ ,
(Name afFirm)
p. 0, "&.0.)(. ??o
(Business Address)
c;.vA;J ~ &P..CJ2..(J,1A 60 UJ9
(City, State & Zip) J
BYCU;Q~~ f!~~
Title: ~PJkC:; :J@.-^-+
P-1
20" WATER MAIN EXTENSION
ALONG BARTON CHAPEL ROAD
Project ARC #U-96-052
age 0
ITEM UNIT
NUMBER DESCRIPTION QUANTITY UNIT PRICE COST
163-5000 Soil Erosion and Sediment Control 1 Lump Sum Is... ~ 0,," -~ $ ~ N)D.C>O
"
230-1000 Lump Sum Construction 1 Lump Sum ~nDD.QO b 1l..q.OOoD. 00
400-8116 Overlay for Road Repair 2125 Sq Y ds ~.U; 1=.. (. 9~. 2..S
.
1 1/2" Type E
500-9000 Road Cut & Repair 330 L.F. " /4.3,::' .~ 4 ?3~.6o
,
670-1200 20" Ductile Iron Water Pipe 10040 L.F. ~ :~.:z.. ,,.., lb M2. 32. <i 00
,
670-2180 8" Gate Valve wI Box 2 Each ~ (,jct5.0o LJ:.. 9 ~o. 0 D
670-2120 ,12" Gate Valve wI Box 1 Each i1;. '12.6.DD ~ 9l~,oo
670-2200 20" Gate Valve wlBox 11 Each Ii:.. l. Q.,,": ^~ ,F;. 74G.l5. DO
.
670-4001 Fire Hydrant, Complete 3 Each 1"> ~ I.t;(j, DO .s (. 46D, DO
,
700-6001 Grassing, Complete 3 Acre h ~ 000.00 $ .~ DOD,DO
TOTAL :5S24 ?55.. 7.5
P 2 f 2
Contractor's Name:
~I A\ ~ CJ)A1~TR_OC.JT/OAl ::TAlC..
J
Address:
P.o. -g.o)( 7?n
LVA.)J.~.. '~E:.J)~)A l.~(J.&:JCj
Phone:
?D(o- &~S-/9hO
P-2
THE AMERICAN INSTITUTE OF ARCHITECTS
.'
I
fI
^,.... Document A310
Bid Bond
KNOW All MEN BY THESE PRESENTS,
thatwe B'lair Construction, Inc.
IHele inlell full nome ond oddlu.I,OI le..1 lille 01 Conl"'IO')
PO Box 770, Evans, Georgia 30809
as Principal, hereinafter called the Principal, and National Fire Insurance Cornoany of
(Hel' Inl.rl lull nom. ond oddlell or 1'.01 tilt. or Surely)
Hartford, CNA Plaza, Chicago, Illinois 60685
I corporation duly organized under the laws of the State of Connect i cu t
as Surety, hereinafter called the Surety, are held and firmly bound unto Augusta-Richmond Count
(H.l. inl.ll 'ull nom. ond-oddltll 01 1...1 I'll. 01 Ownerl
Building, Augusta, GA 30911
Ten percent of amount bid
Commission, 530 Greene St./Municipal
IS Obligee, hereinafter called the Obligee, in the sum of
Dollars <hO% of bid ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for 20" Water Main Extension Barton Chap
(Hele Imerl full nome. .ddlell ond delc,ipllon or projecll
Road Project No. ACR#U-96-052
NOW, THEREFORE, If the Obllsee shall accept the bid of the Principal and the PrincipII I shall enter into I ContrllCl
with the Obligee in Iccordlnce with the terms of such bid, Ind give such bond or bonds 15 may be specified in the .biddlng
or Contrllct Documents with good and sufficient surety for the failhful per(ormllnce of such Contract lInd for the prompt
plIymenl of labor lInd mlllerilll furnished in the prosecution thereof, or in the event 0/ the /~i1ure 0/ the Princip~1 to enler
such Contract ~nd give such bond or bonds, if lhe Principal shall pay 10 the Obligee the diHerence not 10 exceed the penalty
hereof between the lImount specified in sllid bid lInd such larger lImount for which the Obligee mlly in good hith contrllcl
with another pllrty to perform the Work covered by said bid, Ihen this obligation shllll be null and void, otherwise to remain
In full force lInd effect. .
Slsned and sealed this
8th
day of
October
'1997
I'jG~-d
~ ,~~:JlZ:
(WItness)
lBlair Construction, Inc.
" ("10"....6
fl),1tZZ -G __ ~ ~
. (TItle) ;d.~
.- " --~.... .. o'
(Selll)
.ll::i ,-. ~ . J)
. ~ ~ (WItness)
INational Fire Insurance Company of
Ha r t for Q (Surely) (Su/J
BULk. fb~i
. Buck Leigh . (TItle) Attorney-in-Fact
AlA DOCUMENT A31. . BID BOND, AlA e. FEBRUARY 1970 ED. THE AMERICAN
INSTITUTE OF AR.CHITECTS. 1735 N.Y. AVE., N.W.. WASHINGTON, D. C. 2()()()6
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
James D. Thaxton, Theodore J. Marek, Buck Leigh, GA Weathersby, Individually
of Columbia, South Carolina
their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the corporations.
In WItness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 21st day of January , 1997
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
~~
M.C. Vonnahme
Group Vice President
State of Illinois, County of Cook, ss:
On this 21 st day of January , ~,before me personally came
M. C. Vonnahrne , to me known, who, being by me duly swom, did depose and say: that he resides in the Village of Darien ,State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he
knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporations.
My Commission Expires June 5, 2000
CERTIFICATE
1.~1.r~
Eileen T. Pachuta
Notary Public
I, Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUAL TV COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is
still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still
in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 8th day of O:::td:er , 1m.
(Rev.7/14/95)
CONTINENTAL CASUAL TV COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
/fA-FtJ.
Robert E. Ayo
Assistant Secretary
To: All Bidders
From: David W. Simoneau, P.E.
Subject: 20" Water Main Extension
Project: ARC#U-96-052
Date: October 6, 1997
MEMORANDUM
Addendum # I :
The use of compact fittings, AWVVA C-153, will be allowed for this project.
The pressure class of the pi pe shall be 300 psi.
The date and time of the bid have not been changed.
If you have any questions or need any more information, please call me.
cc: Geri Sams, Augusta-Richmond County Purchasing
.~,,~
.4,'.-.1~1
Southern Partners, Inc., 1233 Augusta West Parkway, Augusta, Georgia 30909
(706) 855-6000 Fax:(706) 869-9847
..iii ilii iiii i'i;t..",
THAXTON
INS U RAN C EG R 0 l) P
..........nll~ti1N:limk,
'" ..
DATE
TO:
FRO":
NO OF
I () I z 8/Q, FAX NUMBER':
,
.E~'t~
k~~~
PAGES INCLUDING COVERSHEET
R!: Instructions for Undated Bonds and Contract
MESSAGE
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~~a~____________________________~_____________________------
~:_p~!_:_!_~:_p~:!:!_ ~!_~!_!_~!!l::L~!}:__s~!!l:_3~~:_ ~~...] _ ~_ 3_ __ - -----
~:_~:E~_~_~~!_:~~_~!~~:~_~~Px_~~~~_~~_~:_______________-------
BllCk Leigh
~--------------------------------------~--------------------
2:_ 1'1'} -"_ _l".e_t_t.."L.!' .!'J1'.?..r}:o.." -" _ JJ-'~~t~- ~~~- ~ ~
to date the bonds and power of Attorney in the absence of the
-------------------------------------------------------------
surety.
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",
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----~p----------------------------~--------------------------
----------------------------------------~------------r-------
-I
9557 Two Notch Road, Unit Q
p,O, Box 24167 · Columbia, 8.0, 29224-4167
803.736.2911 · FAX 803-736.5015