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HomeMy WebLinkAboutGeorgetown and Belair Road Elevated Water Storage Tanks Augusta Richmond GA DOCUMENT NAME: G e. b{f1' focJ() Oc.()C( Be-I 0,,' I K ex-J UQVlAhd ~ '" -t--'" 5.+o'<'7^T IO-V)~-::' DOCUMENT TYPE: CDII frCJ2. + YEAR: /996 BOX NUMBER: :2 FILE NUMBER: / )9~O NUMBER OF PAGES: q 0 I d~~~960 I CONTRACT DOCUMENTS I AND TECHNICAL SPECIFICATIONS I FOR CLEANING AND PAINTING I OF GEORGETOWN and BELAIR ROAD I ELEVATED WATER STORAGE TANKS I I I I .1 I Prepared for: I AUGUSTA RICHMOND COUNTY COMMISSION AUGUSTA, GEORGIA I I Prepared by: AUGUST A-RICHMOND UTILITIES DEPARTMENT I 2760 PEACH ORCHARD ROAD AUGUST A, GEORGIA 30906 I September 1996 \ I I I I I I I .1 I I I I I I I I I I I I I TABLE OF CONTENTS Paqe No. ADVERTISEMENT FOR BIDS. . ...... . ..... ........ ADV-1 to ADV-2 INFORMATION FOR BIDDERS.... . . . . ... . . . . . . .... IFB-1 to IFB-4 PROPOSAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. P -1 to P - 4 BID BOND.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. BB-1 to BB- 2 AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. A -1 to A - 2 PERFORMANCE BOND. . . . . . , . . . . . . . . . . . . . . . . . . . . . PAYMENT BOND. . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . GENERAL CONDITIONS..... . . . . . . . . . . . . . . . . . . . . . SPECIAL CONDITIONS. ... . . . .. . . . . . .. . . . . .. . .. . SUPPLEMENTARY CONDITIONS.. .. . . .. .. . .. . , . . .. . TECHNICAL SPECIFICATIONS.......... . . .. .. .... LOCATION MAP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INSPECTION REPORTS................ ... .. . .... PFB-1 to PFB-2 PYB-l to PYB-2 1 to 33 SC-l SUP-l to SUP-2 TS-1 to TS-17 L-l IP-l to IP-11 I ADVERTISEMENT FOR BIDS I SEALED BIDS for the cleaning and painting of two water storage tanks at Augusta-Richmond County, hereinafter referred to by project name as elevated Georgia, I I PAINTING OF GEORGETOWN AND BELAIR ROAD TANKS I will be received by I AUGUSTA-RICHMOND COUNTY COMMISSION I hereinafter referred to as OWNER, at the office of the Clerk of Council, Room 806, Municipal Building until noon on the 15th day of October , 1996, at which time all bids will be publicly opened and read in the presence of those interested. I All work shall be in accordance with the Contract Documents of the Augusta Richmond Utilities Engineer/Director, hereinafter referred to as the Engineer. I I Copies of the Contract Documents may be examined during regular business hours at the office of the Augusta Richmond Utilities, 2760 Peach Orchard Road, Augusta, Georgia, and at the following locations: . I The r.w. Dodge Division Plan Room Augusta, Georgia CSRA Business League Augusta, Georgia I I Copies may be obtained at the office of Utilities upon payment of ($20.00) for each set. Augusta Richmond (Non-refundable) I Bids shall be addressed to Augusta-Richmond County Commission, c/o Clerk of Council, Municipal Building, Augusta, Georgia 30911, marking the envelope "Bid for Cleaning and Painting of Georgetown and Belair Road Water Tanks". I I Bids shall be completed and submitted as described In the Information for Bidders section of the Contract Documents, I A Bid Guarantee, Performance Bond, and a Labor and Material Payment Bond will be required. I I ADV-l No bid may be withdrawn for a period of Sixty (60) days after the date and time set for the receipt of bids, I I The Owner reserves the right to wa~ve any informalities in bidding and to reject any or all bids, I Lena J. Bonner Clerk of Council I I Date: I Advertised in Augusta Chronicle, September 27, 30 & October 1, 1996 I I I I I I I I I I I I ADV - 2 I 05. TELEGRAPHIC MODIFICATION Any Bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication IS received by the Owner prior to the closing time; and, provided further, the Owner is satisfied that written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to closing time. The telegraphic communication should not reveal the bid price but should provide the additional or subtraction or other modIfication so that the final prices or terms will not be known by the Owner until the sealed bid is opened IE written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification. 06. ADDENDA AND INTERPRETATIONS No Interpretation of the meanIng specifications, or other pro-bid documents will bidder orally. Every request for information or should be in writing addressed to: of the plans. be made to any interpretation Augusta-Richmond UtilIties Department 2760 Peach Orchard Road Augusta, Georgia 30906 To be given consideration, the written request must be received at least five (5) 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 mailed by Certified or Registered mail. 07. QUALIFICATIONS OF BIDDER The Owner may make such investigation as he deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by. or investIgation of such Bidder fails to satisfy the Owner that such Bidder 1S properly qualified to carry out the obligations of the contract and complete the work contemplated herein. CondItIonal bids will not be accepted. The Contract award, if made, will be made to the low, responsive, responsible bIdder as evidenced by: (1) a completed Proposal Form in accordance with the Instructions to Bidders and In accordance \vith stIpulations 1n other sectIons of the Contract Documents; (2) no apparent unbalanced pricing for performance of the items of work ()) no special conditions or qualifications made by the Bidder; (4) no alternates or substitution for any items unless such alternatIves or substitutions are requested 1n the Technical SpecificatIons IFB-2 I I I I I I I I I I I I I I I I I I I I I A responsible bidder is defined as one who (1) has adequate financial capability for meeting the requirements associated with the work; (2) maintains a permanent place of business from which routine business is conducted; (3) has adequate equipment and resources to properly complete the work within the time specified; and (4) has a competent. and experienced workforce. In order that he be considered for the award of the Contract the Bidder shall provide the Owner with evidence verifying that: (1) he/she has equipment adequate for performance of work within the time specified; (2) he/she has the necessary financial resources to complete the project; (3) he/she has currently employed within his organization the supervisory personnel available for assignment to the project; (4) the supervisory. personnel are skilled and experienced in the type of work included in the project; and (5) he/she has previously completed work of similar type and magnitude 1n an acceptable manner. I I I 08. PROPOSAL GUARANTY I Bids must be accompanied by a Certified Check or Bid Bond. No bond shall be accepted by the Owner where the Surety is a corporation, company, or association unless such Surety shall be authorized to do business in the State of Georgia, and unless such bond shall be countersigned by the Local Agent of the Surety. I I I The Certified Check or Bid Bond shall be made payable to the Owner 1n an amount equal to Five Percent (5%) of t.he total amount of the bid. As soon as the bid prices have been compared, the Owner will return the bonds of all except. t.he three lowest responsible bidders. When t.he Agreement is execut.ed the bonds of the remaining unsuccessful bidders will be ret.urned. The bid bond of the successful bidder will be retained until the payment and performance bond have been executed and approved. aEter which it will be returned. The successful Bidder will be required to furnish an acceptable performance and payment bond. as set forth above, regarding Bid Bonds. in the amount of 100% of the Contract Price. I I I 09. POWER OF ATTORNEY I Attorney- in- fact who slgns documents must file with each bond a dated copy of their power of attorney. the bid bond certified and or contract effectively 10. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT I The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he has received notice of acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or' refusal, the security deposited with his Bid. I I l 1 TIME OF COMPLETION I BJdder must agree to commence work on or before a date to be specltied in a written "NOTICE TO PROCEED" of the Owner and to fully complete the project within the number of consecutive calendar days specified in the "PROPOSAL". I IFB-3 I 12. CONDITIONS OF WORK I Each Bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successfu) Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. Insofar as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or Interference with the work of any other Contractor. I I I 13 . OPENING OF PROPOSALS At the time and place set for the openIng and reading of the proposals as indicated in the "ADVERTISEMENT FOR BIDS", each and every proposals (except any which may have been withdrawn in accordance with Paragraph 3) received prIor to the scheduled closing time for receipt of proposals, will be publicly opened and read aloud, irrespective of any irregularities or informalities in such proposals. I I 14. REJECTION OF PROPOSALS I The Owner reserves the right to waive any informality or technicality in any proposal, to accept any proposal, to reject any or all proposals, or to award the Contract as deemed to be to the best interest of the Owner. I is. QUANTITIES AND UNIT PRICES I The work to be done under this Contract has been divided into parts or items to enable each bidder to bid on the different portions of the work, in accordance with his estimate of their cost, and so that the actual quantity of work executed under each item may be paid for at the price bid for the particular item even though such quantity is greater or less than the estimated quantity stated in the Proposal I I Certain items In the proposal cover classes of work of doubtful necessity, or work for which it IS impracticable to estimate approximate quantities In such indeterminate cases, quantities have been assumed for comparison of bids I I 16. LAWS AND REGULATIONS I The Bidder's attention is directed to the fact that all applIcable state laws, county ordInances, and the rules and regulatIons of all authorIties have jurisdiction over construction of the proJect shall apply to the Contract throughout, and they WI]] be deemed to be included In the Contract the same as though tlcrell1 wrJtLr"J1 out. 1n full. I I I I I FB - 4 I I PROPOSAL I I The Augusta-Richmond County Commission City-County Municipal Building Augusta, Georgia 30911 I Gentlemen: I The underslgn~d, as Bidder, herein referred to as singular and masculine, declares as follows: I .. .... .. . ... '." 1. .The only parties interested ~n the proposal as principals are . named .berein; I 2. He has carefully examined and fully understands the Contract Documents; I 3. He underst.aflds tha t informat ion re la t i ve to ex i st ing structures' and urid~rground utilities are furnished to him on the drawings, the Contract Documents or by the Augusta Richmond Utilities Department, carries no guarantee expressed or implied, as to its completeness or accuracy and he has made due allowance therefore; I I 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; I I and hereby proposes and agrees that, if the Proposal is accepted he will contract with the Augusta Richmond County Commission, Georgia, to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish materials called for in accordance with the requirements of the Director of the Utilities Department and the true intent of the Contract Documents and that he will ta'ke. in full payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. I I I (Note: .bidders must bid on both tanks) I I I I P-l PROPOSAL FORM I I Item No. 1 Georgetown Tank Complete cleaning and renovation of tank including total drape containment, waste disposal (hazardous and/or non-hazardous) , miscellaneous repalrs, surface preparation and application of coatings, testing, disinfection, fencing repairs and placing into service as described in Contract Documents I I I I I Lump Sum Pr i ce if / " :2l000 for Georgetown Tank: $ I I Item No. 2 Belair Road Tank Complete cleaning and renovation of tank including total drape containment, waste disposal (hazardous and/or non-hazardous) , miscellaneous repalrs, surface preparation and application of coatings, testing, disinfection, fencing repairs and placing into service as described in Contract Documents. I I I Containment (Drape) System Lump Sum $~~O€Jo_ I Cleaning, Repairs & Painting Lump Sum s / B7, .370 Logo application Two (2) at s_30oo leach I Fencing Repairs S ----':2..01;1)_ /5"00 f' I s Lump Sum Price for Belair. Road Tank S :1.51-,870 . I I LUMP SUM TOTAL OF ABOVE TANKS s .p , '1/ h; B7tJ . ~ . I P-2 I I SPECIAL NOTE: I It is the responsibility of each Bidder interested to visit each of the tank sites and familiarize themselves with the conditions prior to the submission of their proposal. Included for information at the back of the Contract Documents are inspection reports performed on the two subject tanks. I Site visits to each tank shall be made by contacting: Mr. Patrick Dillard at the office of Augusta-Richmond Utilities Department, 2760 Peach Orchard Road, Augusta, Georgia 30906 Telephone No. 706/771-2648 I I The Bidder shall include, with his/her proposal, the following: I (1) A summary of work (no less than four separate Utility Systems) previously performed (in chronological order) similar to the scope of work included in these Specifications. The summary shall include a general description of the scope of work performed, paint manufacturer used, approximate dollar value, date completed, name and address of Owner and the telephone number of the Owner's representative. Contractors that have not performed similar work previously shall be deemed ineligible to receive the contract award. I I (2) A report for each tank describing in detail the plans for painting the tanks to include draping methods, surface preparation and specific coatinq materials to be used meeting the specifications within and methods for handling and disposing of wastes (hazardous'and/or non-hazardous) I I (3) An annual maintenance program offered by his/her company specifying the frequency, degree of inspection, maintenance and cleanout services the Owner could expect under a possible annual maintenance contract for both tanks. (Refer to Technica I Spec if ica t ions, Sect ion 3 of these Document s for further requirements on this item.) I I I 'fhe BIdder hereby certifies that, should he be awarded the Contract. he will commence work under the Contract on or before a dale to be specified In a written "Notice to Proceed" to be delivered by the Owner, and that he will fully pursue and complete the Contract within ~ consecutive calendar days (each tank site) [hereafter. The Bidder further agrees to pay, LO the Owner as lLCiuldared damages, the sum of $200.00 for each consecutIve calendar" day after the date' on which the project is scheduled for r:'ompl er ion. I I I The Bldder fucther certifies that he will not cla.lfll any additIonal compensatIon should work under the Contract be Locally completed prH:H lO Lhe t:ime specified as the scheduled date of completion I The work ot performing the ,improvements to the subject tanks shall be leI: under one Contract. All materials and equipment shall be furnished and installed by the Contractor. I P-3 I The Bidder cercifies chac he fully underscands che interpretation of "low, responsive, responsible Bidder", as defined herein, and that each will be utilized in evaluating and awarding the Contract. I The Bidder acknowledges receipt of the following addenda: I I The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within Len (10) days from the date of noc1fication of accepcance of his proposal, execute the contract and furnish the Owner with satisfactory performance and payment bond in the amount equal Co one hundred percent (100%) of the total base bid sum. Enclosed herewith is a B1d Bond or I I S% ~) ~~d I Certified Check 1n the amount of Dollars ($ the total bid. being not less than five percent (5%) of I Shou ld t he bidder fai 1 to execute t he Con cract and f u rn i sh Performance and Payment Bond in case this proposal is accepted. the the I Owner shall have the right to recelVe the amount of the bid security as liquidated damages. If che securicy 1S a Certified Check it may be cashed by the Owner and the amount received shall become the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. I The undersigned by submittal of this proposal, agrees that the above stated amount is the proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bond. I I l'he successful bidder shall have a current Business License I The City/County is an Equal Opportunity Employer -~~ Name of Bidder ~ Signature & Ticle of Representac1ve ff~-.. . Authorized I I 10. 3()~6r./~ Business Address I R::~... 't-' r Ge 0'" q; '" C .1 t Y a. ,-' C ace ~/tJ{,r I I () /IS/f' I Date: I P-4 I I I I I I I I I I I I I I I I I I United States Fidelity and Guaranty Company Baltimore. Maryland A Stock Company Bid Bond ~~ U S F+G' ., IIID8AI[[ Bond Number Know All Men By These Presents: That ..... !:~~~.~. ?~~~.t.~~.'.. ~~.<::, .~(? .l!~.~~~.ty. ~.E;~Y.~C;~.... .,............. , .... . ,.. ... . . , . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. of ... ~:~.ry ~ . .~e:?r.I?~~. . . . . . , . . . . . . . . . . , . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . , . . . . . . . . .. , as Principal. and United States Fidelity and Guaranty Co Mary! d . S h Id d f' I bo d Augusta Richmond County mpany, a an corporation, as urety, are e an IOn y un unto ...................,....,.............. . .<;:?~~.s.l'!~~.~. !. .<;:~.u:T!-<;~.~ ~ . Al;1~.u:l'! ~.8: ~ . ~~?!.&~? . . ?~?9.~ . . . . . . . . . . . . . . . , . . . . . . . .. . , . . . . . . . . . . . . . . as Obligee, in the full and just sum of ...,.,. !.e.~. ,\ ~9).. ~~.~<:~~~. .~~. ~.~~~.<:~P.8:~ ~!,>,. ~~A. :-.~-:-:-.~-:-~~-:-:-.~-:-:-. . . -:--:- .-:~ -:-:-.~ -:-:-.~-:- :-.~ -:- :-.-:~-:-:-.~-:- :-.-:-:--:-:-. -:--:- :-:-:--:-:-:-:--:- :-.~-:- :-.~ -:- :-.~ -:- -:-:-:-:--:- :-.~-:- :-,~ -:- :-.-: -:- -:-:-. ~ -:- :-.~ -:-:-: -:- -:- ~ -:- -:-~ Dollars. lawful money of the United States. fO( the payment of which sum, well and truly to be made, we bind ourselves, our heirs. exocutors, administrators, soccessors. and assigns, jointly and severally. finnly by these presents. Whereas the said Principal is herewith submitting its proposal for cleaning and painting of four elevated water storage tanks. The Condition Of This Obligation is such that if the aforesaid Principal shall be awarded the cootract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the < Obligee legally contracts with another party to perform the work if the laner amount be in excess of the fonner, but in no:ey~t ~;{;.;\~L;i':;.': '" .(>!~~~ .'~" . .~~...~ '~? ,L:-:- ':." r .,1 :' t~." shall liability hereunder exceed the penal sum hereof. ,'l.':.r,:'\;';' G:\\ o;;....,'~: ,',' ::7-,:f J}:l~; :'~: il!i1::; .>!..,.~.\ ',X ':1, ~_' r ~ (-. -r\!.. t~, ' ;' ;.~ ~;: c':!:...,'. .~. I.', ,., 1; <..J' .... '.'. : ~~<-:':;~'~~~~I.~' ~'~'jt:...:...:, .)/ , "f" . \-' r. ,', ;..' ~:./"': : I I Signed. sealed and delivered June 25, 1996 (Date) Contract 11 (6-941 Frank Shelton, Inc. tla 1.!~p~~y.. ?e.~:r~.C:~,....................,.... ~'.[.:...,.~..,.............. (Seal) " . r' ;~. (Seal) 1284290 United States Rdelity and Guaranty Company Power of Attorney No. 108798 ~~ U S .crG Know,D men by these presenlS: That UIMIed Sttt.1 FicI.nty ad G.....1tJ c-,..,.. corpOl3tion organized aoo existil'Q trder the laws at the State of Maryland aoo having ib pmcipal <<fee at the City of Baltimae. il the Stale of Marylind. dots hereby.constitute aoo appoinl La rry B. Ro land, T. Gray McCaskill, Brenda K. Wright, Deborah B. Roland and Timothy B. Templeton of the City of Greensboro . State of North Carol inaibtrue and IawhA Attornery<s~act each inthei' sepame ~ity if mora than one is namad abot.. to sign ib name as SII'8ty to. ard to execute. seal ard acknowlecQe any 100 all bonds.lIdertakilgs. CO'1tJ'aCtS and other written instruments il tile nature theteof on behalf d the ~ in its business of guaranteeing the fidelity of persons: guaralteeil'Q the petformance of contracts;.nd ex8CUling Of guaranteeing bonds and lIldeIta~ raqLired 0' permitted illlP( acticw 0' proceedings .lIowed by law. n Wrtness Whered. the said U.,," ~lal Fict.l1tr M4 Guraldy Coca,..,. has caused this inWunent to be sealed with its COI)>Ol3te seal. duly anested by the signatlns of its Va PresiienurdAssis1art Secrlltary.1lU 23rd dayd September . A.O.19 94 lSigne4 By. . By ... H /'/(!'!"<? ~.H . ~~\.S ~\.\) Onthis 23rd dayof September .~94 .befaeme~~meJoMA.Huss.VlCePresid8ntdU.hedSt.taFidlllty.1Id e..rallly C-P8IIJ and Thomas J. tltZg8lakl. Assistant Secr~~ said~. with ~ ~.I am persona~1y Ilted. v.tlo beng by me severally duly sworn. said. !Nt they. the said JoI'r1 A. Hus.s aOO Thomas J. Fitzgel3k1.....,V~.,\i~'*'iv.1y the VIC. ~~oo the Assistart the said U.i1ad S&l1aI Rd.Gty.1I4 GII8/'IlIIty CollI,...,. the cOl'pOlation described in aoo wIich~~ foregoirQ P~~~ that they~' seal of said corpOl3tion; that the seal affixed to said Po__ of Attorney was sWl corporate seal, ~ Wb so affixed by ~~~rd of Di'edors ~~ ~ion. ard tNt they signed their names thereto by Ib on:Ier as Va President and Assistarc Secretary. res~'etv. d the (' \J ~ 1:-: . . . . ~ ~",,"....-... llth~:i ~Hqar~h ~.q~qqq.qq. ~=.:p. ~ Notary Nlli: 1hi$ Power d Attorney is ~ed I.flder aoo d the followil'Q Resolutions adopted by the Board of Di'ectOC'S of the U.it1t4 St.t.. Fidelltr .1Id 8110I ruIy eo.,..., on SeptlWTlber 24. 1992: "nobM. that in connection with the fOelity aoo surety insurarce business of the Compa"f. all bonds.lnlertatirgs. COfIracts an:! 01her instruments relat~ to said business ~ be sigled. tIlCecutec1 and acknawleclged by peISOI\5 0' entities appoilted IS Attome-,(sHn-fKt pInUInl to. Po_ of Attorney issued in accordarce with these resokJtions. Said Po~sl d Attorney fa.oo on behalf d the Company may and shan be .xecuted il the RIme and on behalf d the Company. either by the Olairman. 0' the President. a.n Execut;,.e Va President. 0' a Senior Va President a. VICe President or an As.sis1arc VICe Presidenl. joiltly with the Secretary 0' an Assistant Secretary. lIlder tilei' respective desiglations. The signatIn of su:h offi:8IS may be engraved. prirced Of lithographed, The siQnatll'. of each of the foregoing officers aoo the seal d the Con1pany may be affixed by lacsinile to arT'( Po__ of Attorney Of to any certifICate relatilg theteto .ppoiltilg Attomey(sHn-fact 10' P\IPOSes only oC executing in and attesting bonds aOO lI'dertakngs and other writiros obligatOlY il the nalln thereof. and. IIlIess subs8QU8lll1y revoked and SliJjec1 to any Imitations set forth thereil. any su:h Power of Attorney 0' certifate bearil'Q su:h facsimile siglat\6e or facsimile seal sha U be valKl and binding upon the Company and any such po_ so executed aoo certified by such facsimile $91atll'e and facsimile seal shall be Vol lid and bilding t4)OII the Company with rasped to any bord Of lIldtftakn;! to ~ich it is validly anached. l181obM. That Attome'J<s~Fact shall have the po_.nd a~. IIlIess $\b$equently revoQd.nd. ilarry use. subject to the 181TIlS aOO limitations of the Power of Anorney issued 10 them. to execute and deliwr on behalf at the ~ny and to attach the seal d the Company to any aoo all bonds and urdertakings. and other writings obligatory il the nann thered. ard any su:h instnlTlent lIletUted by Slrll AttOlMy'/sHf)-Fact shall be as bildirlg ~ the Ccrnpany as ~ si;Jned by an Executive Officer ard sealed aoo anested to by the Sec:r8l.-y of the ~"f. l Thonw J. rlt2Qer3kl. an Iwist~ Secret.-y d the UaIlH StaIN F14erdJ M4 GuraltJ e-,...,.do hereby certify that the foregoing are true excerpU from the Resolutions of the said Ccrnpany as adopted by its Board of Di'ectors on SeptenM 2'.1992 and that these Resoh.tiOl'G are in full face and effect. l the 1n:Iers9:led Assistart Secretary of the U.1lotd S1aCaI FidelItr _ Gur.aty C:O..puy do hereby certify that the faegoil'Q Power of Anom~ is in full forte aoo etfed and has not been revoked. ___ --c:;:;;:-' h T.._ """"'~I"". .....""',- ",'" ........-. ~ ::'" e.."",,,~, 2 5 t h ~ ~-P-'"1~'" ~ !It\'i4'' 4;::,{f\. dayd June ~v....;,1!lf~ - ,."" ]f;;, ~ ~~ '.~~ "':., cJ'''''-' ,~ ;':).." ~.""" ) ~ Ai_ _ .~,~".J t!!' "'. ".\. ......f.'.(.':"!',-~. '..... .......................... r. ~._1~.. ~ . :. ~41......;} . , ~.>t~~' '" ""~,' ...~ ':c '< AssIStant Secretary ~';:-At, . ~ . .... ,'t>"" JMf;} y!j;"~ ~~Y:... ~y~' ~ -? 'i,f\:e.ff/;" . . . , f''''''' XQ~~!t' (~.r;:r{nr?;:. ~..\ "~~i(t&,~~.~ . ',' 1t~:~~" (Signed) State of MaryIaM I ss: BaItIaaota. CIIr FS 3 /7-9') I BID B'?NI? KNOW ALL MEN BY THESE PRESENTS, that we the undersigned I as Principal and I as Surety, are hereby held and firmly bound unto the Augusta Richmond County Commission, Georgia, I as OWNER In the penal sum of I for the payment of which, well and truly made, we hereby jointly and severally blnd ourselves, successors and assigns. I Signed, this day of 19 The condition of the above obligation 1S such that whereas the I Principal has submitted to the Augusta Richmond County I Commission a certain bid, attached hereto and hereby made a part hereof to enter lnto a contract In writing for the Cleaninq I and Paintinq of Georqetown and Belair Road Water Tanks. I NOW, THEREFORE, (a) If said Bid shall be rejected or in the alternate, I (b) If said bid shall be accepted and the principle shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said bld) and shall furnish a bond for his faithful per'formance of said contract and for the payment of all persons performing labor or furnishing materials In COrlneCrlOn therewith and shall in all ot.her respect.s perform the agreement created by the acceptance of said bId I I I Lhen thIS oblIgation in force and effect, the lIahll1 L,/ of the 1 n rlo event t?'xcced s;:ated shall be void, otherwise the same shall remaln It being expressly understood and agreed that Surety for any and all claims hereunder shall, Lhe penal amount of this obligation as herein I I The SureLy. tor 'Jalue receIved, hereby stipulates and agrees c.hat the oblJgar !()rlS of saId Surety and it.s bond shall be in no way impaired <)! .lffectecl by uny extension of time withJn which the Owner may accept such Bid; dnd said Surety does hereby waive notIce of any such extenslon. I I I BB-1 IN WITNESS WHEREOF, ~he Principle and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the date and year Eirst set Eorth above. I I (L. S. ) I Principal I Surety By: I I IMPORTANT: Surety companles executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business ln the state where the project is located. I I I I I I I I I I I I 88-2 I I I I .; ~ I I I I I I I I I I I I I 6. I 7. I I AGREEMENT THIS AGREEMENT. made this by and between the Augusta jlfit-day of IYdYatee Richmond County Commission 19 fe, hereinafter called "OWNER" and hCrl?k 5:helloH, -:Z::-YlC, doing business as (an individual) or (a pa'rtnership) corporation) hereinafter called "Contractor". or (Cl WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: .l . The Contractor will commence and complete construction for the Cleaning and Paintlng of the Georgetown and Belair Road Elevated Water Storage Tanks. 2. The Contractor will furnish all material, supplies. tools, equipment. labor and other services necessary for the construction and completion of the project described herern. 3. The Contractor will commence the work required by the Contrace Documents within ten (10) calendar days after the date of the Notice to Proceed and will complete same within 90 calendar days (each tank) unless the period of completion is extended otherwise by the Contract Documents. 4 . The Contractor agrees to perform all work described in the Contract Documents for the sum of: $ tf/<.f I &7D ,~ , 5. The term "Contact Documents" means and includes the following: (a) (b) (c) (d) (e) (El (g) (h) ( 1 ) ('J ) Advertisement Eor Bids Information for Bidders Proposal Bid Bond Agreement General Conditions Speclal and/or Supplemental Conditions Payment and Performance Bond Drawings Preparpd by Owner Technical Specifications (k) Adek nda : .dated No .1 9 No .dated 19 No ,dated .l 9 The Ownf~r wJll pay 1'0 [he Contractor ln the manner and at such LImes as set forth In the General Conditions such amounts as reguJreJ by the Contract Documents. This Agt-eement shall be binding upon all parties hereto and their respective heirs. executors, administrators. successor-so and assigns. A- 1 IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in ~ (number of copies) each of which shall be deemed an original on the date first above written. OWNER: BY. y Commission f (SEAL) NAME: I t::a (Type or TITLE ~1~e NAME k7l/& .1b;;t:L , 7 T I TL~t2k.. ot: (J/l')/f'L CONTRACTOR. tYll.Y\ ~\,-zeL:f()o1 r" c..,. BY: J~J:t.d;;;, NAME: h="aV'l l::.. 5'v,eU-CYt (Type or Print) (SEAL) ADDRESS: pOX lS'cI'i ?evvLf I (;eo-r~l~ N Ell 2 a be- +-h t\)oYton .3/0' f A-2 I I I I I I I I I I I I I I I I I I I I PERFORMANCE BOND I KNOWN ALL MEN BY THESE PRESENTS; THAT (Name of Contractor) I (Address of Contractor) I hereinafter called a I Principal, and (Name of Surety) I (Address of Surety) I hereinafter called Surety, are held and firmly bound unto the Augusta Richmond County Commission, City-County Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER. in the I penal sum of dollars I ($ ) in lawful money of the United Sates, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. I THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated this ___ day of 19 a copy of which is hereto attached and made a part hereof for the cleaning and painting of Georgetown and Belair Road water storage tanks. I I NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants. terms. conditions and agreements of said contract during the original term thereof and any extensions thereof which may be granted by the OWNER. with or without notice to the Surety and during the one year guaranty period and if he shall satisfy all claims and demands incurred under such contract and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to l-emain in full force and effect. I I I PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change. extension of time. alteration or addition to the terms of the contract or to work to be performed thereunder 01' the specific.ations accompanying the same shall be in any way affect its oblIgation on this bond and it does hereby waive notice of any such extension of time.alteration or addition to the terms of the contract or to the work or to the specifications I I I I PF'B-l PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed ln ~{number} of counterparts, each of which shall be deemed an origlnal this day of 19 I I ATTEST I Princlpal I (Principal) Secretary {SEAL} I BY { s} Address I (Witness as to Principal) {Address} I I Surety ATTEST: Attorney-in-fact (Surety) Secretary I By {SEAL} I Address Witness as to Surety I Address I NOTE: Date of Bond must Contractor 15 Partnership, not be prlor to date of Contract. all partners should execute bond. If I IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and authorized to transact business in the state where the project is locar.p.d I I I I I PFB-2 I I I I I I I I ::.. UN~TED STATES F~DEl UARANTY COMPANY PERFORMANCE BOND Approved by The American Institute of Architects A, I. A, Document No. A-311 (February 1970 Edition) 11-0120-47144-96-9 BOND NUM BER,. ...,........,............ .... ..... ............ ............................ ........ In the presence of: ...........~..~........ (WItness) KNOW ALL MEN BY THESE PRESENTS: That ,........E:.~~~.~,. ..?.~.~.~.~.~,~.!.," ~~~ .:..?. ..g:,... 9. :... .,~.~.~.. .~.~. ~,~. .?,'" ~.~!:!:Y... ?... .q.~gE.g. ~.~... '" ~,.1. 9..?.~ ........... ....... ....... ..... ........ ....................................................................,......,.,........................................"...".... ... ...............,...................................................................... asP r i nc i pa I, hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, Baltimore, Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto ,~,1!,,&.1!,.?,E,~.................... ..~~~.h~9.~~..,g.<?~~.~y..,g~~~,~,:?~~,~.?..?..?.~9..,,~,~,~,C::?...9E,C::,~,~E,~,...g~.~~"~,,,.~~~~~E.~,?..,.g,.~,<?.E,&,~,~,"",}.Q,?.Q.~".,.... as Obligee, hereinafter called Owner, in the amount of ..J?~:::...~~?~.~.~.~....~.~.~,E.~.~.~...~~?Y~~?~...~.~.~.~.E....~.1!,P,~.!:".~.~.......... ...~.~y..~?~Y.. ...~. ..g,g.!.~. q g.... :::.: .::.:.:.~.~.~.~.~,::-. ::-.::-.::: ::: ::.~.:.::~.::-.~.~,~.~.::-.::-. :::: -:- Dolla rs ($...~.~ .? ~..~.?'.Q..~ g,g... .::-.:J, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WH EREAS" Contractor has by written agreement dated ...................................................... 19......, entered into a contract with Owner for cleaning and painting of the Georgetown and Belair Road elevated water storage tanks. in accordance with drawings and specifications prepared by .....................................(H'e.re..iiiserff.uii..nii.me-;.Hiiii.iiiici..iiciilressj".................................... ...................................,................................................................................................................................, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (l) Cpmplete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the low- est responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (21 years from the date on which final payment under the Contract falls due. - ~- No right of action shall accrue on this bond to or for the use of any person or corporation other than the Ownernain~d her~in or':' -_ the heirs, executors, administrators or successors of the Owner. - (;;: . ".- ..--: ----:..:, ~ ;':;;--r- -' Signed and sealed this. . . . .. . . . , . . . . . . .. . . . . .. . . . .. . .. .. . . .. . . day of..................................... ~. . ., 19',;:.. Frank Shelton, Inc. '....'....'......".""'V"..7.'j'J...''J'...'...''..''.........'"",....,'.........",.,... By ,.......~~.........,.................... (Seal) PrincipIII B,?;:~~T~ FI:ELIN~Da;;z;;::.'.:.... (Seal.) ~o~'n , ftttorneY-ln-Fai::t ~/. l' !i: t!(~ !:Iih!! ..~...6.,..~4~.......,..... (WItness) I Contract 211 (2-70) If. E!!:\".'.'l'W I PAYMENT BOND KNOWN ALL MEN BY THESE PRESENTS: t.hat. I (Name of Contractor) I (Address of Contractor) I d hereinafter called Principal (Corpora t ion, Partnership or I ndi v idua 1) and (Name of Surety) I (Address of Surety) I I hereinafter called Surety, are held and firmly bound unto the Augysta Richmond County Commission, City-County Municipal Building, Augusta. Georgia 30911, called County in the penal sum of I dollars I ($ in lawful money of the United Sates, for the payment of which sum well and truly to be made, we bind ourselves, successors, assIgns, jointly and severally, firmly by these presents. I I The condition of this obligation is such that whereas the Principal entered into a certain contract with the County dated the ____day of 19____, a copy of which is heret.o attached and made part hereof for the construction of: Cleaning and Painting of Georgetown and Belair Road Water Storage Tanks I I NOW. THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract. during the original term t he reo f and any extens ions the reof which may be gran ted by the OWNER, with or without notice to the Surety and during the one year guaranty period and if he shall satisfy all claims and demands i ncu rred unde r such con tract and sha 11 Eu 11 y indemn i fy and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making uood any default, then this obligation shall be void; otherwise to rerna.!11 In Eu! I force and effect. I I I PROVIDED FURTHER, that the said Surety, for value received hereby Sf. ipuLnes and agrees that no change, extension of time, alteration ()r additIon to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall be in any way affect its obligation on this bond and it does hereby waive notice of any such extension of time,alteration or addition to the terms of the contract or to the work or to t.he specifications. I I I PYB-l IN WITNESS WHEREOF, counterparts, each day of PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor shall abridge the right of nay beneficiary hereunder, whose claim may be unsatisfied. this instrument is executed 1n 4- (number) of of which shall be deemed an original this 19 I I ATTEST I PrincIpal I (Principal) Secretary (SEAL) I BY ( s) I Address (Witness as to Principal) (Address) I I Surety ATTEST: By Attorney-in-fact (Surety) Secretary I (SEAL) I Address Witness as to Surety I Address I NOTE: Date of Bond must Contractor IS Partnership, not be prIor to date of Contract. all partners should execute bond. I f I IMPORTANT: Surety companIes execut1ng bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and authorIzed to transact business in the state where the project IS located I I I I I PYB-2 I I . I I ,.' :'!:: I -.-. .... I :';.. I " . . 8. I t~t I; I:!:: ~ I ~~:. ..... ~ :;:. I .::!: I .... ::::. I ,_. .., .:~: ~;' I " .- '::!.. ~.. I I .~~:: ill; I .:~: I :.:: I '.. ~. ~! t; ~.. I ~.. ;;.:: .:::. ,;";jn!i'\ I~i " ~m' \ :\i!\U ,~", ~:m![~ UNITED STATES FIDEL ARANTY COMPANY (A Stock Company) LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A, I. A. Document No. A-311 (February 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: 11-0120-47144-96-9 BOND NUMBER. That. . .Fr.anl~. .~h.el.1;~.n-,. . J:nc: ~ .'. . ~ ~.. 0... . .Bo.x. .15.4.9 ,. 'p'~r.ry L .G~o~g.ia. . . 31069 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, Baltimore, Maryland as Surety, hereinafter called Surety, are held and firmly bound unto.. A1,lgl,l~ tR . . . . . . . . .R~.~hlllol1d. . C.ou.n~.y. .C~nuni~f?iol1 ~. .~} 6.0. 'pe.ac.h. (!rc:ha,rci. .R9.ad.,. . .Au.gu.s t.a... . C;e~rgi.a. . . 3.o9.q6. . . . . as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of. F:otlr. .Htln~~~d.. . S.i~t~.e)! . :r:h~u.sa)!d . E.ight. .lIulldr.eci. .~ eye)! ty . ~ . .09/.10.0 . :-:-:--:-:-.-:-:-.-:-:-.-:-:- Dollars ($~.16. ~ ~ 7 9 ~ 90. .-:-:-:-:-.), 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 cleaning and painting of the Georgetown tanks. in accordance with drawings and specifications prepared by. . . 19 , entered into a contract with Owner for and Belair Road elevated water storage (Here insert full name, title and address) . . . . which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then .this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (2) The above-named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a periOd of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon, The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed, Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in:which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, <or any'parL thereof, is situated, and not elsewhere. i: ~ / (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive_-;:; of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim TOr.. the :-, amount of such lien be presented under and against this bond. ;~ :..'":" . ~" Signed and sealed this. . . . .. . . . . . . . . day of. . . . . . . . . .. ............ ................ ,\. !9. :'. Frank Shelton. Inc. . ............ ..~~.. .~.. ...,..... .By..........~.......................(~~~;) (WItness) Principal . .L.. ..g.. .~rJ~................... By.cDU~~FI~:~~~MPA~: .(Seal)c (WItness) Deborah B. Roland, Attorney-in~x,qct This bond is issued simultaneously wltll performance bond in favor of tile Owner conditioned on tile full and faltllful performance of tile Contract~ -/ t , ~ijtH liEr '10 'fiNa' S~' I !H\' . .~Hr .:\ OJ' ~ ljh~~\' ~ .', ij:f contract 211-A (2.70) 0 .:'~.~. :-!: ..-:.-: .~ .,~.... * ..~ .~ :-:; .::;: ~ili :.; .:',':.. ':.~ .;~ -:;: ..~ '@ ::€: .;::: .:~: -." ., ..... :~: .~ ::;~ :!.= ..... .~ ~~ :€; '..:,. ~~ .:~: ~H .:~ ~ im ~ ::~ ~~~ f . :~~. -.:: .::...-: .... "- 1478727 United States Fidelity and Guaranty Company Power of Attorney No. 108798 #~u S F+C" 'i IllUBAlCf Know.D men by these praern: That UIIhId SIItu FiHIIty ad 6..,.., c-,.y,. corpoIation ~ed and existi~ IIlder the laws cI the Slite of Maryland and ~ its pmcipal offieelt the City of Ba/timm, in the State of Maryland. does hereby constitutund appoint Larry B . Ro la nd , T. Gray McCaskill, Brenda K. Wright, Deborah B. Roland and Timothy B. Templeton at the City of G r ee ns b 0 r 0 . State at Nor t h Ca r 01 ina its welnd lawU AttCllTlll'rU~lCt.lIICh in thei' separate capacity if more than one is named .bove, to sign its name as SLAty to, .rd to 8XlICUt.. seal and ICtnowieqje II'If and .11 bonds, lIldertakings, coraracts IIld other written instruments in the natIn thereof on behalf cI the ~ in its business cI guarllltee~ the fidelily of peI$ORS; guararteei~ the per!CI11IIIICe of contrlCtS; .rd executing or guaranteeing bonds end lIldWk.ings ~ or permitted in ~ acrions or proceed~ .llowed by In. ... WItnIss WhInof, the said U.IIM S1IIta. FldelIIr" 0......., c:o.,.,. has caused this instrunenl 10 be sealed with its corporate seal, duly attested by the s9laUes of its Ya President and Auistlrt Secrelary, !tis 23 r d lily 01 S e p t em be r , AD, 1 9 9 4 (SignecO By.. ViePresident ~_V(i'r~t 'p~,.;;;~_pppp BeItiIaoN CIIr I ~~~~ ~~ /.~ ~ \&V On this 23 rd dray of Sep t emb e r . ~'9 94 . before /III ~~:came JoIIl A. Hw. YlCe President at U.llld Statu Rdll/tr ... II..,.., CIa,., IIld Thomu J, rlQg8/llld. Assistant Secreta~said CoqIany, with ~ot~ I.m petSOIlIIly ~ed, Ytflo being by me severally dUy sworn. said. thIl they, the said Jotn A. Huss and Thomas J, F"1t1gera1d m.~ively the YICI....~~rd the Assistart 5.!lcf.~ Wi. said UaJted sw. Rd.nrr aIMI Curaatr eo.,..y, the corpondion d8scribed in ani wIKh llIl~~ foregoirQ P~_____~~_ that they ~~)el.,.seal of said COlpOl'lltion; that the seal affill:ed to said I'o'MI' of Attorney was such COfpDrIte seal. ~1! ~ so affill:ed by ~~~~ of DirectOl'1 of ~ill t~ion. and that th8v signed their 11Im&S thertto by lite order as VICe President nl Assistatc Secretary. resped1v8/y, 01 the Compa~.~~ '\\St~ M,CormIissionllllpiresthl 11th dayin ~arch ~~9~9', , e. ~~~ HHHH' . '~'YHH .,.... . HN.;,;~;';;';.H ~al'.~ This Power 01 Attorney is wanted IIlder Ird Ily~~~ the following Resolutions Ililpted by the Board of Drectors of the U.hM SIUI RdllItr.... 8lllruIy eo.,eay on September 24. 1992: ~' .......... thiIt in connection with the fidelity ard SInty insInnce business of the CampI"" III bonds,lnlertakirQ3, conIracts .nd other instruments relat~ to Slid business ITIIY be sitJled. llIlllCUted. and ICtnawIedged by peI30IIS or llltities lppOinted lIS Attomey(sHn-fac1 plnlllnI to a P_ of Attorney issued il accordance with these resokltions, ~id ~I at ArtOITllI'( for .nd on beha If at the CampI", may and shaD be lUCuted in the 1llI/III and on behalf at the Company. eithel' by the 0Iairman. or the President. or III ExecutNi Va President. or. Senior Va President. or . Ya President or III AssistarC YlCe President. joirltly with the Secretary rs In Assistant Seerst..,. WIder their respective des9wtions, The signann of su:h officers may be eI1lJIVed. prinled or IithogrlIphed. Tha signatw. of each of the foregoing officers ard the seal of the Company may be IffIXed by facsimile to Irrf ~ of Attorney or to II'If C<<tif"lCIte relating thereto appointing ArtOfl'llly(s~1Ct for PI'POSIS only 01 executing in and attesting bonds erd IIldIwtakings IIId other wr~ obrtgatory in the natLre thereof, nl, 1I11ess subsequertly revoked IIld Slbject to Irrf linitations set forth therein, Irrf such Power of Attorney or certiflClte bearirQ such facsimile sq,atln or flCSimile seal shaD be vali:lllld binding upon the Company .nd II'f such power so executed aid cartified by such facsimile siptln and flcsimile seal shall be VlIIid and bincmg \4>OIl the Compmf with respect to II1'f bond or lIldertIiing to v.ttieh it is val idly attached. ........ That Attome'l<sHMact shan hive the power IIld al4hority,lI1less subsequently I'IYObd Ind. in Irrf ClISe, subject to the terms ard limitations of the Power of Attorney issued to them, to execute and dertVll' on behalf cI the Company and to.ttach the seal 01 the Company to Irrf and all bonds and lrdertakings, and other writir9 obl~ory in the nann thereof,.rd IITf su:h instnllllnt llIl8Cuted by such Artomey(sHr>>ac:t sha" be lI$ bind~ ~ the Company as if siQned by an Executive Officer ard sealed and attested to by the Seer.rlf'( at the CampI",. l Thomas J, F"rtzgerlIld.ln Assistanl SecretIty 01 the U.W S\ItN fidei", MIl 6-.., eo.p.,. do hereby certify that the foregoing are tNe excelpts from the ResokJtions of the Slid Company as adopted by its Board of Directors on September 24. 1992 and that these Resolwons .e in full forclIInd effect. l the lI1dersigned Assistart Secretary of the UraItH S1IIta. FIdeI",.. Bur.., ComPIllY do hereby certify that the foregoirQ Power of Atto!Tl8'1 is in full force ard effect and has not been reYotad. ... Testimony Whereof. I haYe herelI1to set my hard and~' .............. ~ :--'" _,.."... daycl .19' . S' HHH~H '..::';;;,;;;';_HHH ~ AMC~ ~ SIa1II of"""'" I FS 3 (7-941 PAP . PCP 'PO'Pj:jD TtBlEiBFiiI EI.<:ti':A'&IflEili\E/I/)\X/B".'<"':'liHIFFv\/I'l\liCSi\lB'ii\ir;S'e(b~~iB~"((" DATE fMM/DDIYY) ,...<<..:<..:<:,.,.,.:.,.,.,.:,.,~<i'~,!Z~.i,~,:",.~",g~:"'!Z.:~~'.f2.:~.,~::::!:@J::':::::.~!:S!:~:~~':~~:~i5::hl~~+i::i;j: 11/07/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Senn, Dunn, Marsh &: Roland ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1201 Battleground Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR POBox 9375 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Greensboro NC 27429-0375 COMPANIES AFFORDING COVERAGE 910 - 2 7 2 - 7161 Fax No. COMPANY A Aetna Casualty &: Surety Co COMPANY B Florida W.C. JUA Frank Shelton, Inc. t/a Utility Service P. O. Box 1549 Perry, GA 31069 COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION lIM ITS DATE IMM/DDIYY) DATE (MM/DDIYY) GENERAL lIABIUTY GENERAL AGGREGATE $2,000,000 COMMERCIAL GENERAL LIABILITY 25 CO 25572658 CCF 07/01/96 07/01/97 PRODUCTS - COMP/OP AGG $2,000,000 CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Anyone f1rel 100,000 MED EXP (Anyone person) 5,000 AUTOMOBILE LIABILITY FJ 25572658 07/01/96 07/01/97 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO 25 CCA ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per eccident! PROPERTY DAMAGE GARAGE UABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE EACH OCCURRENCE $3,000,000 25 XS 25572658 CCA 07/01/96 07/01/97 AGGREGATE $3,000,000 OTHER THAN UMBRELLA FORM $100,000 THE PROPRIETOR/ INCL 6ACSUB184X837196 07/01/96 07/01/97 EL DISEASE - POLICY LIMIT $500,000 PARTNERSIEXECUTIVE OFFICERS ARE: EXCL 6FR13UB770K957096 07/01/96 07/01/97 EL DISEASE - EA EMPLOYEE $100,000 OTHER DESCRIPTION OF OPERATlONSILOCATIONSNEHICLESISPECIAL ITEMS Project: Cleaning &: Painting of Georgetown and Blair Rd Tanks. Above policies will not be cancelled or materially changed until at least thirty (30) days prior written notice has been given to Augusta Richmond County Commiss1on by certified mail. AUGUS-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCelLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHOR(U~TIV~ . ....::.. '. .'. '~ACORD C()RPORATION 1988 Augusta Richmond County Commission 2760 Peach Orchard Road Augusta, GA 30906 P ........... ............. .H...__..................... ..".............. ........... .... '" .. ... .......... . . . . . . . . . . . . . . . . . . . . . . . . ..................... .................... .................. I I I Arrick Number I 2 I 3 <l I 5 6 I 7 I 8 9 I 10 11 I 12 IJ I 14 I 15 16 I 17 I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Tirle DdinJI ions Preliminary Maners Contract Documenls, Intent, Alllc:ndlllg Itnd Rdusc: Avadabilil)' of Luxls; Physical Cond.',,)ns: Reference POUlIS Bonds :md lnsumnce Conlractor's Responsibd'lles Olhc:r Work Owner's ResponsibilitIes EngUleer's St.\tus During Conslnlcl,on Changes in lhe Work Change of COnlrnC( Price Change of Conlracl Tinle WarranlY and Guarantee; T eSlS and Ins[1<Xllons; Correction, Removal or Acceptance of Defeclive Work Pa YllIenls 10 ConI raClOr and C olllplellon Suspension of Work and T enrunallon Arb'lrallon ;-"l,sc"lIaneous I GENERAL CONDITIONS I ARTICLE I - DEFlNlTIONS Wherever usoo U1 these GeneraJ Comlil.ons or U1 Ihe olher Contr.\ct Documents Ihe following lenns have Ihe meanings indicated which are applicable 10 both the sLIlgul'lr and plural [her=f: liililenda' Wrillen or graphic lIl5trumen[s issued prior 10 the opell1Ilg of Bids which clarify. correct or change Ihe bidding documents or Ihe Conlr.\ct Documents. Ii f!rermenl: The wri[len agreement between OWNER ilnd CONTRACTOR covenng the Work 10 be performed; other Contract Documents are altachoo to lhe Agreement and rrulde a put [her=f as providod thereU1. tlf'(Jlica(;oll for Pavmen(' 111e foml accepted by ENGINEER which IS 10 be used by CONTRACTOR in requesting progress or fmal payments and which is 10 include such supporting documentation as is required by the Contract Documents. Eii.d.: The offer or proposal of the bidder submitted on the prescnbed fonn seeting forth Ihe prices for Ihe Work 10 be perfonned. ~: BKI, performance and payment bonds and other U1S1 rumenlS of security. Chon f!e Order: A document recommemJed by ENGINEER, which is slgneU by CONTRACTOR and OWNER and a.llthori.z.es an addition, deletion or reviSion In [he Work, or an adJ\lstmenl in the Contract Price or [he ContraCI Time, ISs\le<1 on or after [he Effecllve Dale of Ihe Agreement. C"'Llma O()(llm(71l.!': The Agreemelll. Addenda (wtuch r~rLUll 10 Ihe Contract Doc\lmenls), CONTRACTOR's [3,,1 (includU1g docwncnla/lon accompanYU1g Ihe B,d and ilny [>os[.Bid dOCl.menl'lIIOn s\lbmmed pnor 10 the NOllCe of Award) when allached as an ex.hib.[ 10 the I\greelllen[. [he Bonds. Ihese General Cond,t.ons, Ihe Suppkmentary COf)(Jil.ons, Ihe Specificalions and Ihe D,.ill.VJngs as the s.ame 1\rt; mOre specifically ,,!enlrf,e<1 In Ihe Agreemenl. logellu.:r wllh all :Vllendmenls. mod ificil/IOns and su pplcmenlS ISSUed ptlrSlL'U1t to pa.r.\graphs ),4 and ).5 on Or After Ihe Effec[lve Dale of I he Agreement. I I COnlmer Price: The moneys payable by OWNER 10 CONTRACTOR under the Contracl Documents as staled lJl the Agreemenl (subJecl 10 Ihe provIsIons of parllgraph 11.9.1 inlhe case of Unil Pnce Work). I COnlmer Time: The number of days (comp\.JteU as prov Ided U1 p"'ilgraph 17.2) or Ihe dale SlaleU In Ihe Agreement for the complelion of the Work. I CO/VJRACTOR: The person. firm or corporation wllh whom OWNER has enlertxl inlO Ibe Agreement. I riLfecnvr An adjectIve wtuch ""hen modifying the ""ord Work refers to Work [hal is unsallSfaclory. faulry or deficient. or Joes nOI conform 10 lhe Conlracl Documents. or does not meet the requirements of any IIlSpection. reference sta.n<.larJ. lesl or approval referrtxl to .n the Contract Documents, or has been damaged pnor to ENGlNEER's recommenJaiion of fUlaI payment (unless responsibility for the protection ther=f has been assumed by OWNER al Subst<UlliaJ Completion LD accordance with parngraph 14.8 or 14.10). I I I Drawinf!S: The drnwings which show lhe character and scope of the Work to be performed ant..! ""hich have been prepared or approved by ENGINEER ant..! are referrtxl 10 U1 rhe Contract Documenls. I Effecrive: Dare of (he 11 f!rameru: The dale I.fldicated U1 the Agreement on which II becomes effecllve, but If no such date .s U1dicate<1 il means lhe dale on which the Agreement IS SIgned and dd,ver(X1 by Ihe la-,[ of lhe two partIes to sIgn and deliver. I I ENGINEER: The person. fmll or corporation n;uned as sllch In the t\greernenl I F,dtl Ord"r: t\ ""flllen order IS<;lIed by ENGINEER whjch o..uers m.inor chan!;es Lf1 Ihe Work In accordance -.virh paragraph 9.5 but ""hlch does nOI Involve a change (11 Ihe Contract I'nce or the CorllC'ct Time I C"nt'ro! f{i'l/lIlr"fTlr'II{'\". ScTl,ons of D,VISIOn I of the Sr<X Ir'GI1 'OilS I I 2 I I I 1 Laws and RCPlllarioflS' I-lJWS or RcprllariorlS: Laws, rules. regullltions. ordinances. codes and/or onJers. ,I Non'a if Award: The wrillen notice by OWNER to lhe apparenl successful bidder Sl;\ting thAt upon compliance by the apparent successful bidder with the conditions precedent emunerated therein. within the time specifioo. OWNER will sign and deliver the Agreement. I 1 NMet: (0 Proceed: A wrilten notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixUlg the date on which the Contract Time will commence 10 nm and on which CONTRACTOR shall slart to perfonn CONTRACTOR's obligations under the COntracl Documents. I I OWNER: The public bOOy or aUlhority, corporallon. association. firm or person wllh whom CONTRACTOR hils entered into the Agreement and for whom the Work is to be provided. I Parrial UriliTarion: Placing a portion of the Work Ul service for the purpose for which it is intendtXl (or a related p.lfpOse) before reaching Substantial Completion for all the Work. 1 I ~: The t()l;tj constnlction of which the Work 10 he provided under the Contract Documents may I>e Ihe whole, or a part lIS indicated elsewhere in the Conlracl Documents. 1 RcsidcTIl Proia:r RcprCS(:llfarivc: TIle aulhonzGJ representa1ive of ENGINEER who is assignoo to lhe site or any part thereof. I Shop Drawines: All drawings, diagrams. Illuslratlons. schedules and other Ja.t.a which are specifically prepar~1 by or for CONTRACTOR to Illustrate some portIOn of lhe Work and all illuslrallons, brochures. sla.ndard schedules, perfonnance clulrts, instnlcllOns. dla!::r;ul\~ and other infOrTrull ion prepared by a Suppl.er and submitted by CONTRACTOR to dlustrate maten,d or equipmenl for some porlion of the Work. 1 I I Sr1c(:i(i(:(Ulons: 1l1Ose port IOns of Ihe Coni ract DoclUnenl.s consisling of written technical descnpllons of materials, equipmenl. conslnlCtlon systems, sl:\J)(lard~ and workmanship lIS applied 10 the Work llJ)(1 certalll adm.inislrative details applicable Iherdo. I SlIhcontracror: An IIldividual. linn or corporallVII having a Jirect conlraCI wl,h CONTRACTOR or wllh any Olher Sulxon'raclOr for ,he perfonnaflce of a pari vi I I I the Work at the site. Srrbsraruial Compkrion: The Work (or a specified pllJ1 thereof) has progressed 10 the point where. in Ihe opinion of ENGINEER lIS evidenced by ENGINEER's Jefmilive certificate of SubSIRDtiaJ Compl~ion. it is sufficiently compl~e, Ul accordance with the Contract Docwnenrs, 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 fmal payment is due in accordance with paragraph 14. IJ. The terms .substantially compl~e. and .substantially compl~ed- as applied to any Work refer to SubstantiaJ Compl~ion Ihereof. SI,pplcmcTIlary Condirions: The part of the ContraCt Documenl.s which amends or supplements these General Conditions. S"ppli~r. A manufacturer. fabricator, supplier. distributor, materialman or vendor. Undurrowui Facilirics: All pipel.ines, conduits. ducts. cables, wires, manholes, vaults, t.anks, tunnels or other such facilities or attaclunents. and any encasements conlain.ing such facilities which have heeo installed \ux.lergrolUxI to furnish any of the following services or materials; electricity. gases. steam. liquid petroleum products, telephone or other communications, cable television. sewage and drainage removal, traffic or other control systems or water. UIlII Pr;a Work: Work to be paiJ for on the basis of urut pnces. Work: The entire compl~ed constructioo or the various separately identiflahle parlS thereof required to be furnished under the Contract Documents. Work is the result of perfonning services. furnishing labor a.nJ furnishing and incorporaling materials and eqtlipmenr IOto the constnlcllon. all as required by the Contrac' Documents. Work Drr~cnv~ Ch(lnPc: A written direcllve to CONTRACTOR. issued on or after tbe EffectIve Dale of the Agreement a.nJ signed by OWNER and recommended by ENGINEER, ordering an addition, Jdetlon or reVision in Ihe Work, or responding 10 Jlffenng or unforeseen physical conditions under which ,he Work is to he perfonne<.lllS provided in paragraph 4.2 or 4.) or to emergencies under paragraph 6.22. A Work D,rectIve Change may not change the Contracl Pnce or Ihe Conlracl TillIe. but IS evidence tMt the ) parties expecl L1w the change Jirectoo or Jocumentoo by a Work Directive Change wtll be incorporatoo in a subsequenlly issued Change Order following negOliations by the parties as 10 ilS effect. if. any, on lhe Contract Price or Conlract Time as provided in piHagraph 10.2. Wrirrcn Amou{mcnt: A wrinen amendment of the Conlract Documents. signed by OWNER anJ CONTRACTOR on or after lhe Effective Dale of the Agreement a.nd normally Jealing with the nonengineering or nontedmica.! rather lhan slrictly Work-related aspects of the Conlract Documents. ARTICLE Z - PRELIMINARY MAnERS Delivery of Boruts: 2. I. When CONTRACTOR delivers the executoo Agreements to OWNER. CONTRACTOR slu\lI also Jeliver to OWNER sHch Bonds as CONTRACTOR may . be required to furnish in accordance with paragraph 5. I. Copies of DocumenlJ: 2.2. OWNER slulll furnish to CONTRACTOR up 10 ten copies (unless otherwise specified ill the Supplement.ary Conditions) of the Contract Documenls as are reasonably necessary for the execution of the Work. Add,tlOrull copies will be furnished. upon request. at the COSI of reproduction. COl1/lf/encemenl of COfllract Time; Notice to Proceed 2.3. TI"le Contract Tune wtll COllUllence to nm on Ihe thirtielh dAy after the Effective Dale of the Agreement. or, if a NOlice 10 Proceed is given, on lhe day irxhcated in the Notice lO ProceeU. A NotIce to ProceeU rrulY be given at any lune wllrun IhHty days after the EffectIve Dale of the Agreement. In no event wtll Ihe Conlracl Tune cOllunellcc 10 nil) l"ler rI\;tO the seventy-fIfth day llfler [he illy of B,d or<:nlng or Ihe thJl11elh day "fter Ihe Effecl;ve Dale of Ihe Agreement, whIchever dale 1$ c<'\r1,er. Staning the Project: 2.4. CONTRACTOR sh,,11 51"'1 10 r<:rfonu Ihe Work Oll the cL-ue when Ihe COlllracl Tune cOllunences to mo. b..t no Work shalJ be Jone al L11e Slle pnor to the dale on wllJch the Contracl TUlle commences to nln. I Before Starting Construction: I 2.5. Before undertaking each part of the Work. CONTRACTOR shall carefully study a.nd compare Ihe Contract DocumenlS lUld check and verify pertinent figures shown Ihereon lUld all applicable fickl measuremenlS. CONTRACTOR shall promptly report in wriling to ENGINEER any conflict, error or discrepancy wluch CONTRACTOR may discover and shall obtain a wrll1en interpretation or clarification from ENGINEER before proceeUing wilh any Work affected thereby: however. CONTRACTOR shall oot be liable 10 OWNER or ENGLNEER for failure 10 report any conflicl, error or discrepancy m Ihe Conlract Documenls, unless CONTRACTOR luId actual knowledge Ihereof or should reasonably have known thereof. I I I I I 2.6. Within len dAys after the Effective Date of the Agreemenl (IInJess olhefV,lise specified in lhe General ReqtJlremenlS). CONTRACTOR shall submit 10 ENGINEER for review: I 2.6.1. an estimated progress schedule mdic.aJing lhe st.arting and completioo dales of Ihe various slages of the work. I 2.6.2. a preliminary schedule of Shop Drawing submissions: and I 2.6.3. a preliminary schedule of values for a II of the Work wluch will inc.lude quantities and prices of items aggregating tbe Contract Proce and will subdivide the Work into componeru parts m sufficient det.aiJ to serve as the basis for progress paymeolS during conslruction. Such prices will include an appropriate amounl of overhead and profit applic;ilile 10 each item of Work wluch will be confirmoo in wrillng by CONTRACTOR al the tune of submiSSion. I I I 2.7. Before any Work at lhe sile .s started. CONTRACTOR shall ueliver 10 OWNER. WIth a copy to ENGINEER. certificates (and other evidence of lI1Sur30ce requested by OWNER) wluch CONTRACTOR lS requlred to PJfChase and mainlam in accordance wilh paragraphs 5.3 and 5.4 and OWN ER shaJl debver 10 CONTRACTOR certificates (and olher eVidence of U1SlIrance reqtl est e<.1 by CONTRACTOR) whIch OWNER IS requIred to purchase and rruUnt.ain in accordance With paragraphs 5.6 and 5.7. I I I I -1 I I 1 1 Preconsrruclion Conference: I 2.8. Within lwenry lhys after rhe Effective Dare of rhe Agreement. bur before CONTRACTOR slarts lhe Work at Ihe sile, a conference allended oy CONTRACTOR, ENGINEER and others as appropriare will be held to discuss the schedules referred to in paragrnph 2.6. to discuss procedures for handling Shop Drawings and olher submillals and for processin'g Applicalions for Paymenl, and 10 es[ablish a working lInderstanding IlJllong Ihe parties as 10 the Work. I I Finafuing Schedules: I 2.9. Al least len days before submission of the firsl Application for Payment a conference allended by CONTRACTOR, ENGINEER and Ol.hGrs 1I5 appropriate will be held 10 fUUlliz:e Ihe schedules submi((ocJ in accordance with p<lragraph 2.6. The I'irulliz.ed progress schedule will be acceplable 10 ENGINEER 1I5 providing an onJerly progression of the Work to complelion wilhin the Conlracl Time. but such acceplance will neilha impose on ENGINEER responsibility for Ihe progress or scheduling of Ihe Work nor relieve CONTRACTOR from fuU responsibiliry Iherefor. The fUUlliz:ed schedule of Shop Drawing submissions will be accept;lble 10 ENGINEER as providing a workable <\rrangement for processing [he submissions. TIle fmaIiz.ed schedule of values will be acceplable [0 ENGINEER <\s [0 form and subs~ce. I 1 1 I I ARTICLE 3 CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE I lnlenl: I J.1. The Contract Documents compnse the enllre agreement between OWNER and CONTRACTOR concerrung Ihe Work. The Contract Doculllents are complementary; what is called for one is a blfluillg as If called fur by all. llle COnlraC! Documenls will he conslnleJ LIl accon.lance wilh the law of Ihe plii,e of the ProJect. 1 1 3.2. It IS lhe LIllent of Ihe Conlract Docllluellls 10 uescribe a hmcllOnally cOlllrlek Project (or pllrt Ihereof) 10 be conslnlcled in accordance With the ConlraCI Documents. Any Work, maleflals or eqlllplllenl Ihlll mllY rc.l\sonllhly be Inferre.d (rolll Ihe Conlrllcl Docllmenls IlS being reqlllTed 10 pro<fllco:: the lfllended resull will be supplied woetho::r or nOI speciflclllly call.xJ for. Then words Wlllch have a well. 1 1 I .1 known technical or trade meJUJing are used 10 describe Work. rrulleriaJs or equipmenl such words shall be inrerpreted in accordance wilh thAI meJUJing. Reference to standard specificalions, manuals or cooes of any technical socielY, orgllIliz.ation or associalion. or [0 (he Laws or Regulations of lUly govenunenlal aUlhority. whelha such reference be specific or by implication, shall mean Ihe lalest standard specification, manuaJ, cooe or Laws or Regulalions in effecl al the lime of opening of Bids (or, on Ihe Effective Dale of Ihe Agreement if Ihere were no Bids), except as may be Olherwi.se specifically SI111ed. However. no provisioo of any referenced sl1lIldanl specificalion, manual or cooe (whether or DOl specifically incorporatoo by reference III the COnlr.lct Docu.menLs) shall be effective 10 change (he duties and responsibililies of OWNER. CONTRACTOR or ENGINEER, or MY of their consultants, agenls or employees from those set forth in [he Contract Documents. nor shall it be effeclive 10 assign 10 ENGINEER, or any of ENGINEER's consultants, agents or employees, any dury or authority 10 supervise or direcl Ihe furnishing or performance of tbe Work or any dllty or authoriry 10 undertake responsibiLry conlrary 10 the provisions of paragraph 9.15 or 9.16. Clarifications and inlerprelAlious of the Conrract Doclunents shAll be issued by ENGINEER as provided in p<lragraph 9.4. 3.3. If, during the performance of the Work, CONTRACTOR fuxls a conflict, error or discrepancy 10 the Contract Documents, CONTRACTOR shalJ so report 10 ENGINEER in wriling al once and before proceeding wilh the Work affecled thereby shall obtain a wriuen interpretalion or clarificatioo from ENGINEER; however. CONTRACTOR shall 001 be liable [0 OWNER or ENGINEER for faiJure to report any confljct. error or discrepancy in tbe Conlract Documents unless CONTRACTOR hAd actuAl knowleJge thereof or should reasonably hAve known ( hereof. Amending and Supplemenling COnlracr Documenls: 3 <l TIle Contract Docllmenls may be amendeJ 10 provlue for addlllOns, delellons fUld reVISIOns lfl the Work or 10 m<Xfify [he terms and conditions Ihereof lfl one or more of Ihe following ways: 3.4.1. a formal Wnllen Anlendmenl, 3.4.2. a Change Ortler (pursuanl 10 paragraph 10.4), or 5 J.4.J. a Work Direclive Change (j>t1rsuanl 10 paragraph 10.1). As indicaloo in paragraphs 11.2 and 12.1. COnlraCl Price and Contract TUne may only be changoo by a Change Order or a W rillen A.mendl!\enr. J.5. In addition. lhe requirements of the Contract DoclUTlents may be supplemenloo, and minor variat ions and devtarions in the Work may be alllhonroo. In one or Illore of the following ways: J.5.1. a Field Order (pursllant 10 p:lragraph 9.5), J.5.2. ENGINEER's approval of a Shop Drawing or s;unple (pursllant to paragraphs 6.26 and 6.27) or J.5.J.-'.ENGINEER's wrillen lJllerpretation or clarification (pursllant 10 paragraph 94) Reuse of Documenls: J.6. Neither CONTRACTOR nor any SlIbcontractor or Supplier or other person or organiz.ation perfonnlng or furnishing any of the Work under a direct or indirect coruract with OWNER shall have or aC'r,ire any title to or ownership rights m any of the Drawings, Specifications or other docllments (or copies of any thereof) prepared by or bearing the se;<1 of ENGINEER: and they shall not reuse any of them on extensions of the Project or any other project withollt wrillen consenl of OWNER and ENGINEER and srecific wnlten verification or adaf>!ation by ENGINEER ARTICLE 4 A VAl LABI UTI' OF LANDS~ PHYSICAL CONDlllONS: REfERENCE POINTS A vailabilify of Lands: 4.1. OWNER shall f\lrnlsh. as ,ndlcal"'-! ,n the Contr-tet Doollnenls. the lands II[XlIl whIch the Work IS 10 be r~rfonnaJ. ng..hls-of-\.Vay rt..nd e~senH:nIS for ;tt.:Ce.ss thereto, and s\lch other lands which are desl[:naltXl for the IIse of CONTRACTOR GlsclIle"ls for penlla"e"l stnlCtllles or permanenl changes In eXist,,,!; lacd,lles wdl be Ohla,ned ;-\11<1 paid for by OWNER IInless I olherwise providoo in the Contract Documents. If CONTRACTOR believes IMI any delay in OWNER's furnishing these lands.rights-of-wl\Y or easements enlitles CONTRACTOR 10 an extension of the Contract TUne. CONTRACTOR may make a claim therefor as providoo in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may &e req\liroo for temporary constmction facilities or storage of materials and equipment. I I I Physical CondiJions: I 4.2. I. uolorarions (UU/ {?coons: Reference IS made to tbe Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site lhat have been utilized by ENGINEER in preparation of tbe Contract Documents CONTRACTOR may rely upon the accuracy of the technical data containoo in such reports. but fl()( upon nontechnical data, interpretations or opinions containoo tberein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immooiately precooing sentence and 1Jl paragraph 4.2.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. I I I I I 4.2.2. uisrinf! SrruCTUres: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface stmclUres (except Underground Facilities referroolo 1Jl paragraph 4.J) which are at or contiguous to the site that have been llltlizoo by ENGINEER in preparation of lbe Contract Documents. CONTRACTOR may rely upon the accuracy of the technical daL' contained in such drawings.but not for the completeness thereof for CONTRACTORS's purposes. Excef>! as mdictoo m the .mmooiately precooing sentence and 1Jl paragraph 4.2.6. CONTRACTOR shall have htll respon."bil;ty wllh respecl to phYSical condit;ons in or relating to such SlnlCtllres. I I I I I 4.2.3. Rr:o(Jrr (If Oiffrrinf! Corulirions' If CONTRACTOR bei;eves that: I 4.2.3.1. any technical data on which CONTRACTOR IS enl;lloo to rely as provided to p;u-agraphs 4.2. I and 4.2.2 is inaccurate, or I (, I I I I 4.2.J.2. any physical ConJilion uncoveroo or revealtXl III Ihe sile differs matenally from I hat indicated. reflected or referred 10 in lhe COnlracr Documents. I CONTRACTOR shall. promplly after becoming aw;u-e Ihereof IUXl before performing any Work in conneclion Iherewilh (ellcepl in IUl emergency as permilled hy paragraph 6.22). nOlify OWNER and ENGINEER m wriling aboUl lhe lruIccuracy or difference. I I 4.2.4. ENCINEER's Review' ENGINEER will prompdy review lhe pertinenl conJilions, deIeml.1Ile !he nceessiry of obtaining addilioMI ellploralions or tesl wilh respecl lhereIO and advise OWNER in writing (wilh a copy (0 CONTRACTOR) of ENGINEER's fmJings and conchlslons. I I I 4.2.5. Pc>ssihle Document C!/(Inre: If ENGINEER concludes lhat (here is A malenaJ error in Ihe Conlrnct Documenls or lhAl became of newly discovered condillons a change in Ihe Contrae! Documen[s IS required. a Work Direclive Change or a Change Order will be issued as provided m Article 10 10 rencel Ilnd documenl Ihe consequences of rhe irulccuracy or uifference. I I 4.2.6. Pc>ssihk. Pria (JIl(l Time Adiusrme/lfS: In each such case. an increase or uecrease in rhe Conrracr Price or an elllenslOn or shortening of the Conlracr Time. or any combmallon Ihereof, will be allowahk 10 Ihe exlenl rhal Ihey are allribulable to any such Inaccuracy or u.fference. If OWNER and CONTRACTOR are UMble 10 agree a.\ [0 [he amount or lengrh thereof. R c1"un n1"Y b" I'ru\ue lher"for as providoo in ArtIcle I I and 12. I I I I Physical CoruJilions-UndugrouruJ Facililies: I 4.3.1. Shah", c>r /lVft('(IUt!. The Infonllallon anu dala shown or LO<.Iicaled In Ih" ConlraCl Documenls w,lh respecl 10 ""Sling Underground Facililies III or conrigllulIs (0 lh" Sl[e IS hased on infomla[lon and dalR fllfl1Jshed 10 OWNER or ENGINEER hy Ihe owners of such Undeq;rollnd Facililies or hy .olh"r5 Unless II IS olherwlse express I)' rrovHI,," In Ihe Suprlelllenlary Conditions: I I I I 4.J.I.I. OWNER anU ENGINEER shall nOl be responsible for Ihe accuracy or comple(e0e5s of any s"Uch information or dala: and 4.J.1.2. CONTRACTOR shaH have full responsibiliry for reviewing arxJ checking all such information arxJ Uala. for localing all Unllergrounll Facililies shown or indicated in lhe Conlracl Documents. for coort.linalion of rhe Work with rhe owners of such Unllergrounll Facililies uur-ing conslruclion. for lhe safety anU proteclion thereof as proviued in paragraph 6.20 arxJ repairing any <.ianuIge lhereto resulting from lhe Work. Ihe COSl of all of which will be consiuered as having been iocluued in lhe Conlracl Price. 4.J.2. Nor Shown or /ndicared If an UnJergrourx.l Facwry is uncovered or revealed al or conliguous 10 lhe site wlUch was Dol shown or indicaled in [he Conlracl DocumenLS a.rnJ which CONTRACTOR coulu nOI reasonably have been ellpecledto be aware of. CONTRACTOR shall. promplly after becoming aware lheroof and before performing any Work affected lhereby (except in an emergency as permilted by paragraph 6.22). iuenlify lhe owner of such Uodergrounll Facility arxJ give wrinen notice thereof to thaI owner and 10 OWNER arxJ ENGINEER. ENGINEER will promptly revIew lhe Unuergrounll Facility 10 detennine lhe exlenl 10 which lhe Conlracl Documents shoulu be modified 10 reflecl and uocumenl lhe consequences of lhe ellislence of lhe Underground Facility. and the Conlracl Docllments will be ameoooo or s\lpplemenloo 10 the exlenl necessary. During such lime. CONTRACTOR shall be responsible for rhe safely and prOleclion of such UnllergrounJ Faciliry as providoo in paragraph 6.20. CONTRACTOR shall be allowed an increase in Ihe ConlraCI Price or an ell[ension of [he Conlmcl Tune, or bolh. [0 [he extent [hal they He Allribulable 10 Ihe existence of any Underground Faciliry lhAt was nol shown or irnJicaled in [he Conlracl Documenls IUXl which CONTRACTOR coulu nol reasoMbly have been expecloo 10 be AWare of. If the parties are unable 10 agree as 10 rhe amount or length Ihereof. CONTRACTOR may make a clailll Iherefor as provided in Articles II and 7 12. Refeu:na PoinJs: 4.4. OWNER sludl provlue engLfl~nng sllrveys 10 establish reference points for constnlct;on which in ENGfNEER's judgment are necessllry to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying 0111 the Work (lInless othen-vise specifioo in lhe General Requiremenls), shall protect and preserve lhe estAblishoo reference poinls and shall mAke no changes or relocations witholll the prior wrirlen approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference poinl is lost or destroyecl or requires relocalion because of necessary changes Lfl grades or local ions , and shall be responsible for the accurate replacement or relocatIon of sllch reference points by professionally qualafioo personnel. ARTICLE S. BONDS AND INSURANCE Performance and Other Bonds: 5. I. CONTRACTOR shall hmush perfonnance and payment Bonds, each in an amollnt at least equal to the Contract Price as security for the faithful perfonnance and payment of all CONTRACTOR's obligations lInder the Contract Documents. These Bonds shall rernaLfl Lfl effect at least until one year after the date when fUlilI payment becomes dlle. excepl as othen-vise provldecl by Law or Regulations or by the Contract Docllments. CONTRACTOR shall also fucrush such other Bonds as are reqlllroo by lhe SlIpplemenlary Conditions. All Bonds slull ne Lfl Ihe fonus prescriboo by Law or Reglllation or by Ihe Contr;\cl Docllments and ne execllteU by such Sllret.es as are N\1noo in the Cllrrenl list of -Compa.rues HoluLfl!; Cerllf.cales of AlIlhonly as Acceptable Suret,es on Federal Bonds and as Acceptable ReLflSllnn!; Comparues' as publashed in ClfclIlar 570 (ameoooo) by the AIIJil Slaff BlIreau of ACCOllnIS. U S Treasury Department All Bonds s.gne<1 by an agenl InllSt be accomp;uue>.J by a certJied copy of Ihe ;II'lhorllY 10 aLl. 5.2. If the slIrely on =y Bond tllm.she" hy CONTRACTOR is ueclared a banknlPI or he<.:o'"es Lflsolvenl or .ts nghl 10 do hlls,ness IS lenlwl",,,,1 ,n ""Y state where =y p:u' of Ihe project .s 10cale<1 or ., ce.:.ses 10 meet Ihe reqlllfclllenls of Jlar;'gr;.ph 5 I CONTRACTOR shall willun ,-,ve Jays ,herc:trlcr he acceplable to OWNER. I COnJractors Liability Insurana: I 5.). CONTRACTOR shall purchase and rTUlUltaln sllch comprehensive genem.lliabiliry and other insurance liS is approprillte for the Work being perfonnoo and furnished and as will provide protection from claims sel forth below which lTUIy arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents. whether it is to be perfonnoo or fUf1lJ5hed by CONTRACTOR. by =y Subcontractor. by anyone directly or indirectly employoo by any of them to perform or furnish any of the Work. or by anyone for whose acts may be liable: I I I I 5.).1. Claims under workers' or workmen's compensation, disability benefits and other sirrular employee benefits acts; I 5.).2. Claims for damages because of bodily injury. occupational sickness or disease, or death of CONTRACTOR's employees: I 5.3.3. Claims for damages because of bodily sickness or disease. or death of any other than CONTRACTOR's I mJury . person employees ; 5.).4. Claims for damages lnsuroo by personal injury Liabiliry coverage which are sustainoo (a) by any persoo as a result of an offense directly or indirectly relatoo to the employment of such persoo by CONTRACTOR. or (b) by any other person for any other reason; I I I 5.).5. Clsuns for damages. other than 10 the Work itself. because of UlJUry to or dest n,ction of tangible property wherever 10cale<l. ,nclll(hng loss of use resuhUlg therefrom: I 5.3.6. Clauns ansUlg out of operation of Laws and Rq~\Jlatlons for danuges because of boJily injllry or death of any person or for d:un;.ge to property; ;uxj I I 5.).7. CI;ums for Jam.ages becallse of bodoly 1l1JlIry or dealh of any person or property damage ansUlg Ollt of the ownershIp. llIaullenance or lIse of =y mOlor vehICle. I 'Il,e 1I1SIIrallce re<jlllfeU by Ilus paragraph 5.). sh,,11 IlKlllde the specJic COVera!;es and be wrillen for nOI less I 8 I I I I than the limits of IIabilily and coverages providoo Ul Ihe Supplementary Conditions. or requiroo by law. whichever is greater. TIle comprehensive general liabilily insurance shilll incluoe completoo operations insurance. All of Ihe policies of insurance so required 10 be purchasoo and maintainoo (or the certificates or 01 he r ev idence thereof) shall conlJ\in a provision or endorsement lhat the coverage afforUoo will not be cancelloo, l11J\lerilllly changoo or renewaJ refusoo unlil al leasl l.hirty dRys prior wrillen nor ice has been given 10 OWNER and ENGINEER by certified mail. All such insurance shall remain Ul effecl until fmaJ payment IU)(] at all lunes Ihereafter when CONTRACTOR may be correctUlg. removLDg or replllcing defective Work Ul accoruiVlce wllh fH'ragraph D.12. ill addilion. CONTRACTOR shall maU1(;Un such completoo operallOns UlSllriVlce for at least Iwo years aner flOill paymenl and funush OWNER with evidence of COnlinuallon of sllch LDSllrance al flOill payment and one year IhereaJier. COn/ractual LiabiliIy InJurana I I I I I I 5.4. The comprehensive general lillbility insuriVlce requiroo by paragraph 5.3. will include contractual liabilily UlSllriVlce applicable to CONTRACTOR's obligations IInder paragraphs 6.30 iVld 6.3 I. I I Owner's Liabilily Insurance I 5.5. OWNER shall be responsible for purchasing and mainlaining OWNER.s own liabililY insuriVlce IU)(]. ar OWNER's option. may purchase IU)(] mainl1\in such UlSIlra.nce "-~ will prOle<:t OWNER :lgainst c1ainlS which may anse Irom o['><:rallOns IInder Ihe Conlracr Docllments. I Properry Insurance: I 5.0. Unless olheI'W,se prov.dec.1 LD Ihe SlIpplementuy Condlllons. OWNER sllllll purchase and mainrain properry UlSllrance llpon Ihe Work ar rhe sire to the hill insur:oble vallie thereof (sllbje<:r ro such dt:(llIctible amOllnlS as nl.:lY be providoo in the SlIpplemenrary CorxJ'lions or re<l'l\red by Laws and Regulations). TIlis ''''"fane'" shall tnclllde the 1I11ereSlS of OWNER. CONTRACTOR. SlIlxonlractors, ENGINEER and ENGINEER's conslIlranls in Ihe Work, ,III of whom shall be I,sled as insllred or additional insllred p:1rties. 5h:111 insllre "!;"'OSI Ihe penis of fire and extended COVer:1ge and sh:111 .nchl(Je "all risk" insurance for physical loss and dan1.'\ge inclllding Iheft, vandalism and malicious mischief. collilpse and Willer dlUlI:1ge. an< I sllch olher peflls ilS milY be providec.1 Ifl the I I I I I I SlIpplemenfary CO[\(l.tIOns. and shillllflClude damages. losses and expenses sulStOg ollr of or resulting from any insured loss or incurroo in the repair or replacement of any insuroo property (including but not limiloo ro fees and chllrges of engineer>. art:hirtXts. alrorneys and other professionals). If nOl covered under lhe "all risk- insuriVlce or olherwise prOVided in Ihe Supplemenlary Condilions. CONTRACTOR shall purchase and mainlain similar property insurance or portions of Ihe Worle sloroo on and off the sile or to rr:tnSil when such portions of Ihe Work are 10 be includoo in an Application for Payment. 5.7. OWNER shaJJ purchase and rrulU1lJ\in such boiler arK! machinery UlSurance or aduitional property insurance as may be requlroo by Ihe Supplementary Conditions or Laws arK! Regulalions which will include Ihe inlerests of Ihe OWNER. CONTRACTOR. Subconlractors. ENGLNEER and ENGrNEER's consullJUlts in the Work, all of whom shall be listoo as insuroo or addiliOOJ\J insllroo parties. 5.8. All the policies of insurnnce (or Ihe certificates or other evidence Ihereof) required 10 be purchased arK! mainJainoo by OWNER in accordance wirh paragraphs 5.6 and 5.7 will contain a provision or eooorsemeot lMl the coverage affordoo will not be cancelleJ or materially changoo or renewaJ rehlsed unril ar leasr thirty days' prior wrilten notice has been given 10 CONTRACTOR by certifioo mail arK! will contain waiver provisions in accordance wilh paragraph 5.11.2. 5.9. OWNER shall nOl be responsible for purchasing a.n<.l mainlaming any property insurance 10 prolect lhe inreresls of CONTRACTOR, SlIbconlractors or olhers in the Worle 10 the exrent of any <.lecluctible amounrs rhar are providoo in the Supplemeruary Condirions. The risk of loss wilhin Ihe doouclible amounr. will be borne by CONTRACTOR. Subconlrnctor or olhers suffenng any such loss and if iVlY of rhem wishes properry tOsurance coverage wirhin lhe Iimirs of sllch amounts, each may purchase and maintaLn II "I (he purchaser's own expense. 5.10. If CONTRACTOR reyuesl5 to wfllIng thar olher special insurance be includoo in Ihe property insurance policy, OWNER sh;dl. if possible. include such insurance. and Ihe COSI Ihereof will be chuged to CONTRACTOR by appropnale Change Oruer or Wrilten Amendment. Prior 10 conunencemenr of rhe Work ar Ihe site. OWNER s~1.'\1I In wriling "dvise CONTRACTOR whelher or nor such olher insurance h,,-s been procurctl by OWNER 9 Waiver of Righ15 S. II. I. OWNER and CONTRACTOR waive all rights against each other for all losses and d;unages caused by any of the perils covered by t he policies of insurance provided m response to paragraphs 5.6 and 5.7 and any Olher property insurance applicable to the Work. and also waive all such rights against the Subcontrnctors. ENGINEER. ENGrNEER's consultants and all other parties named as insuroos in such policIes for losses and da.lI1;\ges so caused. As r&{lllred by paragraph 6.11. each subcontract belween CONTRACTOR IU)(J a Subconlraclor will contRm sunillU' waiver provisions by the Subcontraclor m favor of OWNER. CONTRACTOR. ENGINEER. ENGINEER's consulta,ots and all other parties named as insureds.. None of the above waivers sh:lll e:oend [0 the nghts ltult any of the insured partIes may have to be proceeds of insurance held by OWNER as ImSlee or othelVo'ise payable. 5.11.2. OWNER and CONTRACTOR mlend thar any policies provided in response to paragraphs 5.6 and 5.7 stulll protect all oflhe parties insured and provide primary coverage for all losses and damages caused by the perils covered [hereby. Accordingly. all such policies shall contain provisions [0 the effect [hat U1 the event of paymenl of any loss of damage [he Insurer will have no nghts of recovery agamst any of lhe part ies named as Insured or additional insureds. and if the Insurers req,"re separate waiver fonus [0 be signed by ENGINEER or ENGINEER's consul[N1( OWNER will obtain the same, and If such waiver fonns are req\lIre<1 of N1y Subcontractor, CONTRACTOR WIll obtaUJ the same. Receipr and ApphcaJion oj Proceeds. 5.12. Any U1Surcd loss IInder the polICies 01 Ul$urancc requtreJ by [xl.[';\grnphs 56 and 5.7 will be adJlls[ed With OWNER anJ made payable 10 OWNER as [rus[e" lor [he msureds. as thelf luterests may appear, subject [0 the reqlltremenlS of ;u,y applicable mortgage cl:\IIse N1d of parrtgrnph 5.1 J OWNER shall deposit In a separate aCCOlUI[ :\I1y nlolley so rL'<:clvoo, anJ sh;.lIl.hs[ribu[e I[ In accordance WI'" SlIch "grcelllenl as [he parties III I interest may reach. If no olher speciRl agreement IS reached the damagexJ Work shall be repaired or replaced. the moneys so received applied on account thereof and the Work and the cost thereof coverexJ by an appropriale Change Order or Wrillen Amendment. I I 5.1 J. OWNER as trustee shall have power [0 adjust and settle any loss with the lIlSurers unless one of the pllr1ies in inlerest shall object in writing within fIfteen days after the occurrence of tbe loss to OWNER's exercise of this power. If such objection be made, OWNER as tmstee shall make settlement with the insurers in accordance with such agreemenl as the parties in interest may reach. If requirexJ in writing by any party in interest. OWNER as truslee shall. upon the occurrence of Ilfl insurexJ loss, give bond for the proper performance of such dillies. I I I I Acuptance ollnsuranc~: 5.14 If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchasexJ and malllainexJ by CONTRACTOR in accordance with paragraphs 5.3. and 5.4 on lhe basis of its not complying with the Contract Documents. OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragJ<\ph 2.7. If CONTRACTOR has any objection to the coverage affordexJ by or other provisions of the policies of insurance requirexJ to be ptlrchasexJ and maintained by OWNER U1 accordance with parag.raphs 5.6 and 5.7 on the basis of their not complymg wilh the Contract Documents. CONTRACTOR shall notify OWNER m writmg thereof within ten of Ihe dale of delivery of such certificates to CONTRACTOR in accordance With paragraph 2.7. OWNER ;uxJ CONTRACTOR shall e<lch provide to the other such additional infonnation U1 respect of UlSurance provided by Vtch as the other may reasonably r&{lles!. Failure by OWNER or CONTRACTOR to give any such notice of objection within the tLITle providexJ shall consllrute accepunce of such insurance purclL'\.Sed by the other as complYlI1g WIth the Contract Documents. I I I I I I I ParTial Uti/izaJion - Property Insuraf/a: I 5.15. If OWNER fUld5 it necessary to occupy or use a portion or pOrtlOI1S of the Work pnor 10 SlIbstantlal CompletIon of all the Work, such use or occupancy m;ly be accomplished in accordance WIth paragraph 14. 10; provide<.1 [Iu\! no such use occupancy sb-'\II conunence before the lIlSurers [Hovlding the property insurance I I 10 I I r - I I have acknowloogeU notice thereof R.O<l ,n wnl.n~ effected the changes in covemge necessitatoo therehy. The insurers providing lhe property lnsuranct= shall consent by endorsement on Ihe policy or pol ic les. bill the property insurance shall not be clUlcelloo or lapse on accounl of any such pAnial use or occupancy_ I I ARTICLE 6 RESPONSIBI UTI ES CONTRACTOR'S I Supervision and SupuinJendena: I 6. I. CONTRACTOR shall supervise anJ direcI Ihe Work competently ami efficienlly, devoling sllch anenlion therelo and applying such skills and expen.se as may be oecessary to perfonn Ihe Work in accordance with the Commct Docwnents. CONTRACTOR shall be solely responsible for the means, me.lhods, lechniques. sequences imd procedures of construction, -but CONTRACTOR shall not be responsible for IIle negligence of olhers in the design or selection of a specific means, me.lhod, technique,sequence or procedure of constnlction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible 10 see that the fuushed Work complies accurately with the Contract Documents. I I I I 6.2. CONTRACTOR shall keep on the Work al all limes during its progress a compelenl residenl superintendent,who shal.l no< be replaced without wrillen notice to OWNER and ENGINEER excepl umb extraordinary circumstances. The superinlendent will be CONTRACTOR's representative al Ihe site and shall have authority to act on behalf of CONTRACTOR. A II corrununications given 10 the superintendenl shall be as binding as if given 10 CONTRACTOR. I I I Labor, MaJerials and Equipmen1: I 6.). CONTRACTOR shall provide COlllpdel1l. sllitably qualified personnel 10 survey and lay 0111 Ill" Work anJ penonn conSlntClion as required hy th" Contracl Docllments. CONTRACTOR shall al illl 11I11es m;Hnlain good d.sciplule iIJl(l order al Ille Sit". Except Ul connection with lhe safety or proteclion of persons or Ihe Work or property al the sIte or adjacent therdo. and excepl as otherwise indicilled m Ihe Con""," Documents, all Work ill the sile shall be perfonlled dllring reglll;u- working hOllr.;. N1d CONTRACTOR will not pemUI over1ime work or the penonnanc" of Work on SarurdilY. Sunday or any legal hohdilY wilholl' OWNER's wrillen consent given after pnor wnllen I I I I I notice 10 ENGINEER. 6.4. Unless otherwise specified in Ihe General Requirements. CONTRACTOR shall fumish II.fKI assume full responsibility for all ffiJlrerials, equipmeOl, labor. transportation, construction equipment and machinery, tools, appliances, fuel, power. lighl, heal. telephone. WIller, sarUlary facilities, temporary facilities llJ'ld all Oloer facilities and incideotals necessary for loe furnishing. penonnance, testing. start.up and completion of toe Work. 6.5. All materials and equipmenl shall be of gooJ quality II.fKI new, except as otherwise provided in rhe Contract Documents. If required by ENGINEER, CONTRACTOR shall fumish salisfaclory evideoce (including repons of required tests) as 10 toe k.i.rxJ and qualiry of materials and equipment. All malerials and equipment shall be applied, inst.alJed, connected, erecled, used, cleaned and coooitioned in accon1ance with the instmctions of the applicable Supplier except as otherwise provided in the Conlract Documents; bUI 00 provision of any suco instnlctioos will be effective to assign 10 ENGLNEER. or any of ENGINEER's consultants. agents or employees, any duty or autoority 10 supervise or direct Ihe tllmiShing or penonnaoce of the Work or any dury or authority to uooertake responsibiliry conlrary to the provisions of paragrapo 9.15 or 9.16. Adjusting Progre55 SchedulL: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the e;r;tent indicated in paragraph 2.9) adjustments in the progress schedule 10 reflecl toe unpact thereon of new developments; these will confonn generally to the progress schedule toen in effecl and addillonally wdJ comply wito any provisions of loe General Requ.remenls applicable lhereto. SubJtiJutes or "Or-Equal" Items: 6.7. I. Whenever malerials or ecpllpmenl are specifloo or described m the Contracl DoclUnenls by using loe name of II proprietary .tem or lhe name of a par1icular Supplier loe rwllli)!; of Ihe ilem is inleoooo to establish Ihe rype, nUlcllon a.nJ qu.aliry reqllired. Unless the name is followoo by words Indicating INtI no SllbSliolllon 1$ pennilted. materiills or equipment of other Suppliers may be accepted by ENGINEER if sufficienl infonnation IS suhmiltoo by CONTRACTOR to allow II ENGINEER 10 derennine lllAl the malerial or e<juipmenl proposed IS equivalenl or equal 10 Ihal n.aJn~1. The procedure for reView oy ENGINEER will include Ihe followi.ng as supplemenled in the General Requiremenls. Requests for review of subslirute items of rrullerial and equipment will nOl be acceplw by ENGINEER from anyone olher Ihan CONTRACTOR. If CONTRACTOR '-'Iishes to fuffilsh or IIse a subslinlre item of rruuerial or eqlllpmenl, CONTRACTOR sM11 make wrillen application 10 ENGINEER for acceptance rhereof. cer1ifying that the proposed Subslinlle will perform adequalely lhe functions '>anJ achieve lhe results called for by ...the general design. be similar and of eq1lal subslance to tMl specified and be SUile<:1 to lhe same use as lhal specifiecJ. The applicalion will slate rhaI rhe evalualion and acceplance of the proposed subslin'le will not prejudice CONTRACTOR's achievemenl of SubSlanlial Complelion on lime. whether or not acceplance of the substinlle for use in rhe Work will req1lire a change in any of the COnlrnct Documents (or Ul rhe provisions of any olher direct contract wlth OWNER for work on the Project) 10 adapl lhe design 10 rhe proposecJ suoslinlle and whether or nor Ulcorporalion or use of Ihe sllostinlte in connection wilh the Work is sllbJect to paymenl of any lICense fee or royalty. All vanarions of r h" rHolXlsed Sllbsr itllle from I hitl s pee "",e< I wi II be idenl i fie<:1 10 t be applicarlon and available nWnlenance, repair and replacemenr serv.ce will be indIcated The applicatIon wdl also conlalll "n Ilenl11.ed eslllllale of all COSIS Ih;\1 will resull t],reclly or l1ldireclly frolll HCCepl;\nCe of such SUbSlllll"'. IlcI1l""1!; COSIS of r~ks'~n 'VI" el""I1S of nlhc:r conlraClnrs affecl<::<1 hy Ihe rc:slllllll!; change, all <if wllleh shall h" conSIdered by ENGINEER In evallLatlllg Ihe propose<.! SlIh.5111111e I ENGINEER may req1l1re CONTRACTOR to furnish at CONTRACTOR's expense addilioJl.'\1 dal;, abour the proposed Subslitute. I I 6.7.2. If a specific means, meth<Xl. techruq\le. sC<.l\lence or procedure of conslnlCllon IS llxJlC;\led in or required by the Contr;,ct Documents.CONTRACTOR may f\loush or IItil'1.e ;\ substilUte means. rneth<Xl, sequence. lechruque or procedure of conslnlClion acce~ble to ENGINEER. if CONTRACTOR subrrurs sufficlenl infonnalion to allow ENGINEER 10 determine that lhe Sllbslinlle proposecJ is equivaJenl lO tMt indicated or req1Jired by lhe Conlracl Documenls. The procedure for review by ENGINEER will be similar 10 lMt provided in par.lgraph 6 7) as appued by ENGINEER and as may be supplemented in lhe Geoeral Requiremenls. I I I I I 6.7.3. ENGINEER will be allowed II reasonable lime wilhin which 10 evaJuale each proposed subsrilUle. ENGINEER will be the sole judge of accepl;\biliry. and no SubslilUte will be ordered. installeJ or uliliz.ed wilhout ENGINEER's prior wrinen acceptance wh.ich will be evidenced by either a Change Order or an approved Shop Drawing. OWNER rruJy require CONTRACTOR 10 furnish at CONTRACTOR's expense a special perfonnance guuantee or olher surety with respecl to any Subslinlte. ENGfNEER will record lime req1lired by ENGfNEER and ENGINEER's consultants ill evalualing Sl.bslilUlions proposed by CONTRACTOR and 11l makmg chNlges ill the Conlracl Documellls OCC;\510nW thereby. Whether or nor ENGINEER acceplS ~ proposeJ Sllbsllrtlre. CONTRACTOR sMII reunburse OWNER for the charges of ENGINEER and ENGINEER's consllltMlts for ev~luarillg e<lch propose<.J sllbst.l1.te. I I I I I I Concerning Subcon/raclors. Suppliers and O/hers: I 68. I. CONTRACTOR sh;\J1 no! employ any SlIbconl ractor. SlIppller or olher person Or organil;\t'on (l1lcllldlng those acceptable 10 OWNER NIt! ENGINEER as indicaletl In paragraph 6.8.2). whelher lfiJ!I;\lly or ILS it sllbs!illlle. i\g~illsl whom OWNER or I I 12 I I - I I ENGINEER rTUly Mve reasonable objection. CONTRACTOR slulll nOI be requiroo 10 employ any Subconlraclor. Supplier or other person or organiz.ation 10 furnish or perform AJ1Y of the Work againsr whom CONTRACTOR has reasonable objeclion. I I I 6.8.2. If the Supplementary COn<.!ilions require the identity of certain Subcontractors, Suppliers or olher persons or organizations (including rhose who are 10 furnish the principal items of materials and equipment) ro be submilloo to OWNER in advance of lhe specifioo d.ate prior ro the Effeclive Date of the Agreement of llcceplAJ1Ce by OWNER and ENGINEER and if CONTRACTOR has submined a lisl thereof in llccordallce with lhe Supplementllry Con<.!itions. OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the dllte i.ntIicllted for acceplance or objection in the bidding documents or the Contrnct Documents) of any such Subcontractor, Supplier or other person or organiz.ation so identified rTUly be revoked on the bl\Sis of reasoMble objection after due investiglltion. in which Cl\Se CONTRACTOR sMII submit an acceplllble substinlle, the Contract Price will be increased by the difference in the cost occasioned by such substinllion and AJ1 appropriate Change Order will be issued or Wrilten Amendmeru signed. .No acceplAJ1ce by OWNER or ENGINEER of any such Subcontrnctor. Supplier or other person or organiz.ation shall consrinlre a waiver of AJ1Y right of OWNER or ENGINEER to rej=t defC:CliveWork. I I I I I I I I I 6 9. CONTRACTOR shllll be hdly responsible ro OWNER and ENGINEER for all acts and omissions of I he Subconlr~ctors, Suppliers and orher persons and Or!;aru1;U'om perfonning or fumislung any of the Work lInder a ,hreet or lflC.1u-OCI conlraCI wirh CONTRACTOR JUSI,,5 CONTRACTOR 's responsibk for CONTRACTOR's own Acts AJ1d omissions. Nothing in rhe ConlraCI Documenrs shall Crc:Rle any contracn,al relalionship between OWNER or ENGINEER an<.! any SIlC h SlIbconr raClor. Supplier or orher person or organiz.alion, nor shall il creMe any obligarion on rhe P:Ul of OWNER or ENGINEER 10 ray or 10 see ro Ihe raymenl of >V1y moneys due MY such Suhconlracror, I I I I I Supplier or other person or organiZlllion e.r;cepl as may otherwise be required by Laws and Regulations. 6.10. TIle divisions and sections of Ihe Specifications and idenrifications of any Drawings shall not conlrol CONTRACTOR in dividing the Work among Suoconlrnctors or Suppliers or delineating rhe Work 10 be perfonnoo by any specific lrade. 6. II. All Work performoo for CONTRACTOR by a Subcontractor will be pursuant 10 an arpropriare agreement bel ween CONTRACTOR and the SUbcOnlrnCIOr wluch specifically binds the Subcontractor 10 rhe applicable terms and contlitions of Ihe COnlracr Documents for the benefit of OWNER and ENGINEER anti contains waiver provisions as requiroo by paragraph 5.11. CONTRACTOR shall pay each Subcontracror a just share of any insurance moneys received by CONTRACTOR on accounl of losses un<.!er policies issu~. pursuant to paragraphs 5.6 and 5.7. PalenJ Fus and RoyaiJies: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incidenl to the use in lhe perfomUU'lce 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 olhers. If a particular invention, design. process, product or device is specified in Ihe Contracl Documerus for use in the performance of tbe Work and if to lhe aClW\1 knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for lhe payment of any license fee or royalty ro otbers, the e.r;istence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and holu harmless OWNER and ENGINEER and I\flyone directly or lndirectly emr10yed by elrJler of them from and agaInst all c1auns, damages. losses and expenses (incluuing allomeys' fees and COllrt anti ar\),trn.lion costs) arising Oul of any infringement of parent righrs or copyrighls incident 10 the use in the perforTruUlce of the Work or resulting from the incorporation in the Work of any Invenrion, deSIgn. process. rroducr or device not specifiexl in the Contracl Documents, and shall defentl a.ll such claims in connection w)lll l\r1Y alleged infnngement of such righls. Permi/J: 6. I). Unless olhenwise provid,~d III rhe SurplemenLuy CO()(!;llons. CONTRACTOR shall obIain and pay for all I) constmction pennits and licenses. OWNER sMll assist CONTRACTOR. when necessl\ry, in ohtaining such pemuls IU)d licenses. CONTRACTOR shall PI\Y 1\11 governmenl:\1 charges which Me llppliCl\bk at the linl~ of opening Bids. or if there are no Bids on the Effective Date of the Agreemenl. CONTRACTOR sMll pay all charges of utility owners for connections to the Work. anJ OWNER shall pay all charges of such utility owners for capital costs relatoo therelo such as pl;vll lIwestmenl fees. LOIvs and RegulaJions: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws an<.! Regulations applicable 10 funushmg an<.! perfonnance of the Work. Except where otherwise expressly requiroo by applicable Laws and Regulations. neither.,.LOWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Reg'ulations 6.14.2. If CONTRACTOR observes tMI Specifications or Drawings are at vllriance with any Laws or Regulations. CONTRACTOR shall gIve ENGINEER prompt wnllen notice thereof. an<.! any necessary changes will be lluthorized by one of the methoJs indicatoo in paragmph 3.4. If CONTRACTOR performs any Work knowing or havLDg reason to know tMt it is contrary 10 such Laws or Regulations, anJ without such notice to ENGINEER. CONTRACTOR shall bear all costs aflsLDg therefrom; however, II shall not be CONTRACTOR's prunary responslbllily to mal<e cer1ain that the Specifi0lllons and DrawlIlgs are III accordance With such Laws and Reglllalions. [cues: 6.15. CONTRACTOR shall pay all sales. conslUner .use and OIher SUllcW lJUes re<j1l1red 10 be paid by CONTRACTOR In ilccordiVlce WIth the Laws I\lld Reglllilllons of lhe plilce of Ihe Projecl wluch are Hpplicable dllflng the perfonni\IlCe of the Work. Use of Premises: ().16 CONTRACTOR s";dl confine COIlSlnlctloll l.:{JlIIPtnCnl. the $lori'tfc of Ill;,{erl;l!s I-\nd ec.l'"pliH~.n( and lhe op<::rallons of workers 10 the ProJecl site and liUld ilnd areas idenl.f..::d Ul anJ penl\llled by Ihe Conlrilcl I DoctmleOlS anJ other land an<.I areas pe rmittoo by La ws and Regulations. right-so-way. permits IlIl<.I easements, and shall not unreasonAbly encumber the premises wilh constmction equipment or other matenaJs or equipmenl. CONTRACTOR shall llSS\lrne full responsibility for iVly damage to any such land or area, or 10 the owner or occupant thereof or of IU)Y land or areas conlibUous lherelo. resulting from the performanc~ of lhe Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work. CONTRACTOR SMII promptly attempt to settle witb sucb other part by agreement or otherwise resolve Ibe c1aun by arbitral ion or at law. CONTRACTOR shall. to the fullest extenl pennittoo by Laws and Regulations. indemnify and hokl OWNER and ENGINEER harrnJess from and against all c1a.ims. damages. losses and expense (including, bul nOI limited to. fees of engineers. architects. attorneys and otber professionals and cour1 and arbitration costs) arising directly. i.ncJirectly or consequentially out of any action. legal or equil:\ble, brought by any sucb olher parry against OWNER or ENGINEER to the extenl based on a claim arising out of CONTRACTOR's performance of tbe Work. I I I I I I I I 6.17. During the progress of tbe Work. CONTRACTOR shall keep the premises free from accumulations of waste materials. rubbish and other debris resulting from tbe Work. At the completion of the Work CONTRACTOR shall remove all waste materials. rubbish and debris from and about the premises as well as all tools. appliances. construction equipment and machinery, and surplus materials. and shall leave the sile cleM! and ready for occupancy by OWNER. CONTRACTOR sMII restore to ongtnal condition all properry not designated for alteration by lh~ Contracl Documenls. I I I 6.18 CONTRACTOR shall not load nor penrul any pari of any stnlcrure 10 be loaded 1Il iVly manner lh-'ll will endanger the stntCnlfe, nor sMII CONTRACTOR subject any par1 of the Work or adJacenl property to str~sses or pressures lhat will enJanger II. I I R~cord DocumenlS: I 6.19. CONTRACTOR shallll~lIl(ain in a safe plac~ at Ihe site one record copy of all DrawU)gs. Specifi0llions. Addenda. Wnllen Amendments. Change Orders, Work Dlfeclive ChaI1!;es, Field Orders ilJld wnllen LnlerprelAlions anJ cLarif,callollS (ISSUoo pursWUlI to rara&raph 9.4) III boad order and annotaled to show all chan!;es made dUrulg conslruclion. These record I I 14 I I 1 1 documenLS togeth~r with all approved samples anJ II counterpart of all approved Shop Drawings will'be available to ENGINEER for reference. Upon completion of th~ Work, (hes~ re<:ord docum~nlS, samples and Shop DraWings will be ddivered 10 ENGfNEER for OWNER. :1 .1 Safety and Protection: 1 6.20. CONTRACTOR shall be responsibl~ for iniliating. mainlAining anJ supervising all safelY procatuions anJ programs in connection wilh the Work. CONTRACTOR shall take all necessary precaulions for the safecy of. anJ shall provide the necessary protection to prevent daIrulge. injury or loss to: '1 1 . 6.20. I. all employ~ on lhe Work anJ olh~r persons anJ organiz.arions who may be affecte..1 thereby; .1 1 6.20.2. all Ihe Work ;vl(1 lllalerials ;vl(1 equipment to be incorporated therein. whether in storage on or off th~ sile; an<.! 1 6.20.3. other property at the site or adjacenr therelo. including trees. shI\lbs. lawns. walks. pavemenrs. roadways. srnlCnl(es. ulililies anJ Undergrollnd Facililies not designated for removal. relocation or 'replacemenl in rhe course of constmction. I I CONTRACTOR shall comply wilh all applicable l.;tws anJ Regulalions of any public body having jurisdiction for the safety of persons or property or to prolect lhem from damJlge, injury or loss; an<.! shall erecl and mainlam all necessary safq;uards for such safety and prolection. CONTRACTOR shall notify owners of atlj1\cenr property anti of Undergrollnd Facilities and lulliry owners Vofhen proseclll.on of the Work may af{ecr them. and shall cooperare With them in Ihe prole<:llon, removal, relocation lU)(1 replacement of their property. All damage. injury or loss 10 any property referred 10 U) paragraph 6.20.2 or 6.20.3 callsed, directly or mdireclly,m whole or in part. by CONTRACTOR.any SllbcontraClor. SlIpph~r or any olher person or organiullion direclly or indl(eclly employed by any of Ihem 10 perform or furnish any of the Work or anyone for whose RCls any of th~m may be liabl~. shall be reme..lied by CONTRACTOR (excepl daJllag~ or loss RItnburable 10 the fault of DraVof.ngs or Specifical.ions or 10 the RClS or o.nissions of OWNER or ENGINEER Or anyone employe..1 by eirhcr of rhem or aJ1yon~ for whos~ acts either of Ihem may be liable. and nOl "rtrihulahk. I I I I 1 1 1 I directly or indirectly. in whole or in part. to the fault or negligence of CONTRACTOR). CONTRACTOR's dUlies and responsibilities for the safety anJ protection of Ihe Work shall continue until such time as all lhe Work is COmplded anJ ENGlNEER has issued a notice to OWNER and CONTRACTOR in accordance wilh paragraph 14.13 lhat the Work is acceptable (except as oth~rwise expressly provided in connection Vofilh Substantial Completion). 6.21. CONTRACTOR shall designate a responsible represenllllive at the site whose duty shall be tbe prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise desigTlllted in Vofriling by CONTRACTOR or OWNER. Emergencies: 6.22. I.n emergencies- affecting the safety or protection of persons onhe 'Work or property at the site or adjacent lhereto. CONTRACTOR. without special inslruction or authorization from ENGfNEER 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 tbe Work or variations from lhe Contract DocumenLS have been caused thereby. If ENGINEER determines that a change in the Contract DocumenLS is required because of the action taken in response to any 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 v.ritb 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 paragraph 2.9). or for olher appropriate action if so indicated in the Suppl~menlMy conditions. five copies (unless otherwise specified m the General Requirements) of all Shop draVofings. which will bear a stamp or specific wrinen indicalion tMt CONTRACTOR has satisfied CONTRACTOR's responsibiliries under the Contracr Doctunents v.tilh respect to the review of the submission. All submissions will be identified as ENGINEER may require. The dara shown on the Shop DraVofings will be complele Vofirh respect 10 quantities, dimensions, specified perfonnance ;vl(1 design criteria, malerials IU1d 15 similar data to enable ENGINEER 10 reVIew Ihe infonTU\tion /\S required. 6.24 CONTRACTOR shall also submit 10 ENGINEER for review Il.J'ld approval with such promptness as 10 cause no delay in Work. all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific wrinen indicalion lhat CONTRACTOR has salisfied CONTRACTOR's responsibililies under the Contracl Docu.menr.s with respect to Ihe review of the subrrussion and will be Idenlified clearly as to material, Suppler, pertinent dala such as catalog numbers and the use for wruch intended. 6.25. I. Before subrrusslon of e<lch Shop Drawing or sample .CONTRACTOR shall ha ve detenruned and verified all quanl it ies. dimensions. specified perfonnance criteria. installalion requirements. materials. catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample wjth olher Shop Drawings and samples Il.J'ld with the requirements of lhe Work and lhe Conlract Documents. 6.25.2. At the time of each submission. CONTRACTOR shall gIve ENGINEER specific wrillen notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documenls. and. in aLkJition. shall cause a specific nOlation 10 be made on each Shop Drawing submined 10 Engineer for review and approval of e<lch such vanatlon. 6.26. ENGINEER will review Il.J'ld approve wllh reasonable promplness Shop drawings and samples. but Englneer's review IU1d I\pproval will be only for conformance WIth Ihe design concepl of the ProJecl and for comphance wilh the mfonru\lion given Ul Ihe Contracl DocumenlS Il.J'ld shall nOI exlend to means.methods. techruques. sequences or procedures of conslnlCllOn (excepl where a specific means. method, lechnique. sequence or procedure of constnlClion IS tnc..1,cated in or req\llnxJ by the Contract Documenls) or 10 safelY precalltlons or progr:un.s incident Ihereto. The reView and I\pproval of a separale item as such will nol Imbcale approval of Ihe /\Ssembly in which Ihe Item f\lnctions. CONTRACTOR shall make corre<:tlons rt:qlllred by ENGINEER. Il.J'ld shall rerum Ihe req\llred I1l1mber of correcled copies of Shop Drawings a.nd subnul as rV-juore<1 lIew samples for review and I approval. auenlion CONTRACTOR shall direct specific in wnlUlg to revisions other than Ihe called for by ENGINEER on previous I correctIons I subrruuals. 6.27. ENGINEER's review and approval of Shop drl\wings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requlremenls of Ihe Contract documenls unless CONTRACTOR has in writing called ENGINEER's aI1enIion 10 C1Ich such variation at the time of subrrussion as required by paragraph 6.25.2 and ENGINEER has given wrinen approval of each such varialion by a specific wriuen notation Ihereof IDcorporated III or accompanying Ihe Shop drawing or sample approval; nor will any I\pproval by ENGINEER relieve CONTRACTOR from responsibility for errors or orrussions in the Shop Drawings or from responsibility for having complIed wilh the provisions of paragraph 6.25.1 I I I I 6.28. Where a Shop Drawing or sample is required by the Specifications and related Work performed prior to ENGINEER's review and approval of the pertinenl submission will be the sole expense an<! responsIbility of CONTRACTOR. I I COn/inuing the Work: I 6.29. CONTRACTOR shall carry 00 the Work and adhere to lhe progress schedule during all disputes or disagreemenls wilh OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements. except as permined by pa=graph 15.5 or as CONTRACTOR and OWNER may olherwlse agree m wntmg. I I IrulonnificaJion: I 6.)0. To (he f\lllest extent penruued by Laws an<.I RegulatIOns CONTRACTOR shall indelllIUfy and hold hannless OWNER and ENGINEER and lhelr consllltants. agenls an<.I employees from and against all claims. damages. losses and expenses. direct, indirect or conseqllentlal (includmg but nOl lirruled 10 fees and charges of engmeers. arcrulects, anomeys an<! otber professionals and COllrt and arbilratlon costs) arismg oul of or resllltlng from lhe performance of Ihe Work, provllle<.! Ih;<l any such c1ai.m.damage, loss or expense (as) is aJtnbl1u.ble 10 boJily mjury, sickness. disease or death. or 10 UlJl1ry 10 or dest n1Clion of tangible property (olher lhan lhe Work itself Ulcluding the loss of use result ing therefrom and (b) is call sed in whole or Ul part I I I I 16 I I - I I hy any negligent aCI or orrussion 01 CONTRACTOR. any Subconrractor, any person or oq;iUllvllion direcrly or indirectly employed by any of Ih~m to ~rfonn or fUnUsh any of rhe Work or anyone for whose aClS any of lhem ITIi\Y be liable, reganJless of whether or nor ir is caused in II.rt by a party inUemn.ifitXI hereurn.ler or aris~s by or is imposed by UW and RegulatIons regardless 01 Ihe negligence of lU1y such party. I I I 6.3 I. In any and all c1aUlI5 agal1l51 OWNER or ENGINEER or lU1y of Iheir consullants. agents or employees by any employee of CONTRACTOR, lU1y subconrractor. any person or orgaruz.arlon directly or indirectly employed by any of rhem ro perfonn or funUsh any of rhe Work or anyone for whose acts any of them ITIi\Y be liable, rhe inUemn.iflCi\lion ohligarion under paragraph 6.30 shall nor be !in1JteU LI1 any WllY by any IUnitation on rhe amOUnl or type 01 di\I11ages. compensation or benefits payable by or for CONTRACTOR or any such Subcontracror ortier person or organiZMion under workers' or workmen' s compensation acts, disabiliry benelil aCls or oth~r employee benefit acrs. I I I I 6.32. The obligarions of CONTRACTOR under paragraph 6.30 shall nor extern.l ro th~ habiliry 01 ENGLNEER. ENGINEER"s consultanrs. agenrs or employees arising out of the prepararion or approval of maps. drawings, opinions, reports. surveys. Change OnJers, designs or specificarions. I I ARTICLE 7 - OTHER WORK I RefaJed Work aJ Sil(. I 7.1. OWNER rru\y perfonn orher work relaled ro the Projoct at the sile by OWNER's ov.rn forces. ru,ve other work perfonned by ulility ov.rners or leI olher c1ire<:r contracts therefor which shall conlaLIl Generl\l Condirions sunilllr to these. If Ihe facl rhat such olher work is to be perfonned was nOI nored In Ihe Conlracr Documents. wrillen nor ice Ihereof will be given 10 CONTRACTOR prior 10 sr"rling any such olher work: and. if CONTRACTOR helieves Ih"l sllch perfonnance will involve additional ~xpense 10 CONTRACTOR or requires addirional rUlle and rhe p"rlies "re IIn"ble In "gree I\S 10 Ihe: exrenl thereof. CONTRACTOR sh,,1I make II CI:Ullllherefor as provide<;1 in Arlicles II and 12 I I I 7.2. CONTRACTOR sh,,1I afford e"ch IIldlry owner and other conrractor who is " parly In 511ch " dirCCI conrraCI (or OWNER. if OWNER is pe:rfnnlling rhe I I I WditionaJ work with OWN ER' s employees) proper IUlll safe access to the site and a reasorulble opportunity for the introduction a.n<.I storage of materials and equipmenr and rhe execution of such work. IUlll shall properly connect and coonJinate rhe Work with theirs. CONTRACTOR shall do all cuuing, fitting and patching of the Work thar may be required to make its several parts como together properly and integrate with such olher work. CONTRACTOR shall not eoclanger any work of others by cutting, excavating or otherwise altering their work a.n<.I 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 rhe benefit of such utility owners and other COnlractors to the extent thar there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and' other contractors. 7.3. If any part of CONTRACTOR's Work depern.ls 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 it unavailable or unsuitable for such property execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for larent or nOrulpparent defects and deficiencies in the orher work. CoordinaJion: 7.4. If OWNER contracts with others for the perfonnance of other work on the Project ar tbe site,lhe person or organization who will h:we authority and responsibility for coordinatIon of the activities among {h~ various prime conlractors will be idenlifuxl in the Supplemenrary COrn.lil IOns , and the specifIC mailers to be covered by such authority and responsibility will be ilemized, a.nd the extenl of such authority anti responsibolilies will be providtXI, in rhe Supplementary Corn.litions. Unless olherwise provided an rhe Supplementary Conditions. nellller OWNER nor ENGINEER sMlJ have any authority or responsibility ,n respecl of such cOOrdlru'llion. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.1. OWNER sh.,'lll issue all communications 10 CONTRACTOR through ENGINEER. 17 8.2. In case of tenn.i.nRlion of (he employmenl of ENGINEER. OWNER shall nppoint Iln engineer againsl whom CONTRACTOR makes no reasonable objeclion, whose S=l5 under the COn!rnct DocumenlS shall be lhal of the fonner ENGINEER. Any dispule in conneclion With such llppoinlmen( shall be sllbjecl to ubitralion. 8.3. OWNER shall f\lrTUsh the dala required of OWNER under lhe Conlracl Documenls promptly and shall make paymenl5 to CONTRACTOR promplly after Illey are due as provKled in paragrnphs 14.4. IUl<.I 14.13. 8.4. OWNER's duties m respecl of providing lands anJ easemenls and prov id mg engineering surveys 10 establish reference poinlS are set forth in paragraphs 4.1 and 4.4. Paragrnph 4.2 refers (0 OWNER's idenlifying and making llvailable to CONTRACTOR copies of repons of explornlions and leSlS of subsurface condilions 111 Ihe:_'sll~ a.nd m exisling stmcl\lres which h;we been utilized by ENGINEER m prepumg the drllwings and Specificallons. 8.5. OWNER's reslXlnsibillties in respect of p"rchasing and main(;\1Iling liabilily and property insurance are sel forth m pMllgraphs 5.5. through 5.8 8.6. OWNER IS obligiued to execute Change Orders as indlcaled in parllgrllph 10.4 8.7. OWNER's responsibility m respect ofcertam LflSrections. tests and approvals IS set forth m paragraph I J 4 8.8. In conntX:tlon w,ll1 OWNER's flglHlo stop Work or suspend Work. see paragrllphs 13.10 and 15 I. Paragrnph 15.2 deals wllh OWNER's nghtto lennlN1te services of CONTRACTOR under certam c, rCllmstances. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION Owner's RepresenlaIive. 9.1. ENGINEER wol' be OWNER's representative dllring Ille constnlct,on peraod. The dlltles and respolLsibol,tlcs alld tilt: Illluratlons of alltlloraty 01 ENGINEER as OWNER's rer"cscnlar,ve dllran!: COll.5lnlct.on are Sel fon.h Ul tJ>e Contract DoculIlents and sl1all not he extended wltl10llt wrallen con'sent of OWNER and ENG1NEER I VISITS to SITE: I 9.2. ENGINEER wall make visilS 10 the site at IOlervl\ls nppropriate to the vanous s!.ages of conslnlclion to observe lhe progress and quality of lhe execuled Work and to detemune. in general. If the Work is proceeding in accorUance wltb lhe Contract Documents. ENGINEER will nOl be required to make exhatl5tive or con!inuous on-site tnspections 10 check the quality or quantity of the Work. ENGINEER's efforts will be directed 10ward providing for OWNER a grealer degree of confidence thaI lhe completed Work will conform 10 lhe Conlract Documents. On the basis of such visits and on-sile observallons as an expenenced and qualified design professional. ENGINEER will keep OWNER infonned of the progress of the Work and will endea.vor 10 guard OWN ER against defects and deficiencies in lhe Work. I I I I I Pro jut R~pr~u:n1a1ion: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident ProJecl Represenl.alive 10 asslsl ENGINEER in observing the performance of tbe Work. The dulies. responsibililies and l1m.i!.alions of aUlhonty of any such Residenl Projecl Represenwive and assislanlS will be as provided in the Supplementary Conditions. If OWNER designales another agenl 10 represent OWNER at tbe sile who is not ENGINEER's agent or employee. lhe duties, responsibilities and limitations of authonty of such other person will be as provided m (he SlIpplementary Conditions. I I I I ClarifiCaIions and InIerpreta/ions: 9.4. ENGINEER wIll Issue wllh reasonable promptness such wOllen clanficatlons or interprelal;OD5 of the requirements of the Conlracl Documents (in lhe form of Drawings or otherwise) as ENGINEER may detemune necessary. which shall be consistent Wllh or reasonably inferable from Ihe overall intent of the COn!rnct Documents. If CONTRACTOR believes tMt a wnllen clarification or mterprelation Justifies an increase in the Contract Pnce or an extension of the COn!rnct Time and the parties are unable to agree 10 the amOtlnt or exten!thereof. CONTRACTOR may make a claim therefor a5 provided m Article II or Article 12. I I I I A ulhoriud Varia/ions in Work: I 9.5. ENGINEER may authonze minor vf\nal;ons .11 (he Work frolll the requirements of the Contract Doclllnenls which do not mvolve an adjustment Ul the I 18 I I I I Conlracl Price or the Conlracl Time: a.nJ are consislenl with the overall intent of the Contract Documents. These mn.y be accomplished by a Field Order iVl<.I will be binJing on OWNER. a.nJ also on CONTRACTOR who shall perfonn Ihe Work involvoo promplly, If CONTRACTOR believes thAI a Field Order justifies an Increase in the Conlract Pnce or an eXlension of Ihe: Cocuract Time andlhe parties Me unable 10 agree as 10 Ihe amount or extent lheroof. CONTRACTOR may ma.ke a claim therefor as providoo in Article II or 12. I I I I Rejecting Defective Work: I 9.6. ENGINEER will have aUlhonly to disapprove or reject Work wl-uch ENGINEER believes 10 be defective, and wiJ.J il!.so have authority 10 require special inspectIon or testing oflhe Work as provided in paragraph 13.9. whether or not the Work is fabricated. installe<J or completed. I Shop Drawings, Change Orders and PaymenlS: I 9.7. In connection with ENGINEER's responsibilily for Shop Drawings and samples. see pAragraphs 6.23 through 6.2& inclusive. I 9.&. In connection with ENGINEER's responsibililies as 10 Change Orders. see Articles 10. 11 a.nJ 12. I 9.9. In connection wilh ENGINEER's responsibihllt:s in respecl of ApplicaIions for Paymenl, etc.. se:e ArtICle: 14. I DetuminaJions for UniJ PriceL I 9.10. ENGINEER will delermine the acn.,,1 qu;ulI,ties and clasSIf,cations of Unil Price Work performt:{.j by CONTRACTOR. ENGINEER will reVIew with CONTRACTOR ENGINEER's preliJlunary detenninations on such mailers before rendering a writlen decision rhereon (by recoll1mendation of an Applicalion for PaYOle:nt or olherwlse:). ENGINEER's wrinen decisions thereon will be fLflal aIld bUlding UpOll OWNER or CONTRACTOR delivers to lhe olher party 10 Ihe Agreemenl and to ENGINEER wrirte:n norice of Lfllenllon 10 Rppe;tl from such a decIsion. I I I Decisions on Disptlles: I 9.11. ENGINEER will be rhe: mitial inlerpreler of Ihe req\lirements of the Contracl Documents aIld Judge of I I Ihe acceptability of lhe Work thereuooer. Claims. disputes and other matters relating to the acceptability of the Work or the interprewion of the requirements of lhe COCUrnct Documents perUlining to the performance and furnishing of the Work and claims un<.ler Articles II and 12 in respect of changes in lbe Contract Price or Conlract Time will be referred irutiaUy to ENGINEER in writing with a request for a fonnal decisioo in accon.lance with this paragraph. which ENGINEER will render in writing within a reasonable time. Written nOlice of each such, dispute II.lXI other matter will be delivered by the claimant to ENGINEER and lhe other party 10 the Agreement promptly (but in no eveOl laler than thirty days) after the occurrence of the eveots giving rise thereto. and wrillen supporting data will be submiued 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 inrerpreter and judge under paragraphs 9.10 and 9.1/. ENGINEER will oot show partiality to OWNER or CONTRACTOR and will nOI be liable in connection with any interpretation or decision ren<.lered in good failh in such cap;<city. The rendering of a decision by ENGINEER pursuanl to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other [muter (except any which have beeo waived by the making or acceptance of ftnal payment as provided in paragraph 14; 16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have un<.ler the Contract Documeots or by Laws or Regulations in respect of any such c1ainl. dispute or other mailer. LimiJaJionJ on Engineu's Responsibililies: 9.13. Neither ENGINEER's authority to aCI und.:r Ihis Article 9 or elsewhere in the Contract Documenrs nor any decision made by ENGINEER in good failh eilher to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER 10 CONTRACTOR. any Subcontraclor. any Supplier. or any other person or organiz.alion performing any of the Work. or to any surety for any of them. 9.14. Whenever 1O the Contract Documents lhe lenns "as ordered". "as directed". as required-, as allowed". "as approved" , or terms of the like effecl or import are used, or the adjectives "reasonable'. "suitable", -Rcceplable", "proper" or .satisfactory" or Adjeclives of like effect or import are used to describe a 19 requirement, direction, reVIew or judgement 01 ENGINEER as to the Work, il is inlended thaI such requirement, direction, review or jmJgemenl will be solely to evaluate Ihe Work for compliance with the Contract Documents (unless there is a specific statement indicating othen.vise). The use of any such tenn or RLIjective shall not be effeclive 10 assign to ENGINEER any duty or aUlhority 10 supervise or direcl Ihe funUshing or performance or Ihe Work or any duty or authority 10 undertake responsibilily conlrary 10 Ihe provisions of paragraph 9.15 or 9.16. 9.15. ENGINEER will nol be responsible for CONTRACTOR's means, methods. techniques, sequences or procedures. of constmclion, or the safety precaulions and programs incidenl lhereto. and ENGINEER will nOI be responsIble for CONTRACTOR's failure 10 perform or furnish Ihe Work in accordance wilh Ihe Conlract Documents. 9.16. ENGINEER wtll nOI be responsible for the aClS or omissions of CONTRACTOR or of any Subconlractor, any Supplier. or of any Olht:r p<:rson or organiz.ation performing or fUnUshing any of the Work. ARTICLE 10 - CHANGES IN THE WORK 10.1. Withoul invalidllling the Agreemenl and without notice to any surety, OWNER may, at any time or from time 10 limt:. order additions, dt:lt:lions or revisions in the Work; these will be authoril.eO by a Wrillen Amendment. a Change Order. or a Work Direclive change. Upon recei[)l of any such document. CONTRACTOR shall prom[)lly rHOCee<! with the Work uwolved which wtll be performed IInder Ihe appllcanle conditions of the Contract Documents (exce[)l as othen.vise specIfIcally provHled) 10.2. If OWNER and CONTRACTOR art: unable to agree as to the extenl, if any, of an LJ)crease or decre<\se In the Contract Price or an extension or shorlening of lhe Contr"cl Time th"t sbould he "lIowed as a result of a Work Directive Change, a claun may he made therefor "s provided in Anicle II or Arl.clt: 12. 10.3. CONTRACTOR shall nor be el1lllled 10 'lfl ,ncre"st: LJ) the COl1tr"ct Price or Ml extenSIOIl of Ihe Contract Timt: wilh rt".$rxxt to MlY Work perfonll"'-I that IS not required by Ihe Conlr"cl DOCllments as ame()(l",i. modified and supplemenled as prOVIded tJ) p:.ragr"pll' 3 4 and 3.5, exct:PI III t he case of an t:lIlergeocy a, provldecl in paragr"ph 6.22 :uK\ exce[)l In (he c"se of I uncovering Work as provided in paragr"ph 13.9. I 10.4. OWNER and CONTRACTOR sha.ll execule "ppropriate Chftnge Orders (or Written Amendments) covering: I 10.4.1. changes in Ihe Work which are ordered by OWNER pursuanl to parngraph 10. I, are required because of accepl1U1ce of d~/~criv~ Work under par"gr"ph 13.13 or correcling d~/~cllv~ Work under par"gr"ph 13.14. or as agree<! 10 by (he panies. I I 10.4.2. changes LJ) Ihe Conlracl Pnce or Contracl Time which are. agree<! 10 by the parties: and I I 10.4.3. changes:in Ihe Contracl Price or Cont(';lct Time wlllch embody the substance of MlY wrillen decisioo renderoo by ENGINEER pursuant lO paragraph 9. II; I provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with Ihe provisions of tbe ConlraCI Documenls and "pplic"ble Laws and Regulations, but during any such appeal, CONTRACTOR shall carry 00 the Work and adhere to the progress schedule as provided in paragraph 6.29. I I 10.5. If notice of any change affecling the general scope of Ihe Work or the provisions of the Conlracl DOC\unenlS (including. but no! limiled 10. Conlmcl Price or Contracl Time) IS required by Ihe proviSIOns of any Bond to be given 10 a surety, the giving of any such no!lce will be CONTRACTOR's responsibilily,and the amounl of e<\ch applic"ble Bond will be adjusled accordingly. I I I ARTICLE II - CHANGE OF CONTRACT PRICE I II. I. The Contract Pnce constinlles the tOlal compens"llon (subject to authonz.ed adjustments) p"y"ble to CONTRACTOR for performing Ihe Work AU duties. responsibJilies and obligatiOns assigned 10 or undertaken hy CONTRACTOR shall be at his expense WIthout chan);e in the COlllr"cl Pnce. I I 11.2. ll,e COlltr"cI Pllee lll-"y only be Ch;Ulgoo by" Change Order or by a Wrillen Amendment. Any c1""11 for an increase or dccre<\se in the Conlracl Price shall I 20 I I . - I I ~ b:c>ed on wnuen noIice lIeLverecl by the party making the claim ro the other party anti 10 ENGINEER promptly (but in no event later than thirty lIays) after the occurrence of the event giving rise 10 the c1aun and stating rhe general nature of the claim. NOlice of the amount of the claim wirh supporting dala sMlI be deLvered within sixty days after such occurrence (unless ENGINEER allows an allllitiorud periocl of lime 10 ascertAin more accurate data in support of the claim) and shall. be accompanied by c1aUn.anr's wrillen stalement rhal the lUTlount claimed covers all knO\.VT1 ;unounrs (dirocl. irx.Iiroct and consequenri.aJ) to which Ihe c1aimiUll is entitled as a resuh of the occurrence of said event. All cl.a.ims for adjustment in the Contract Price shall be derermined by ENGINEER tn accordiUlce WIth paragraph 9.11 if OWNER a.ntI CONTRACTOR cannol otherwise agree on rhe amount involved. No c1aun for an adjustmenr in lhe Contract Price will be valid if nor submitted in accordance wirh rhis paragrnph 11.2. I I I I I I 11.3. The value of iUly Work covered by a Change Ortler or of any c1aun for iUl tncrease or decrease in rhe Contract Price sMII be delemlined in one of lhe following ways: I 11.3.1. Where the Work involved is covereJ by unit prices contained in the Conrract DOClunenrs.by application of unit prices 10 lhe quaruities of the items involved (subjecr to rhe provisions of plHagraphs 11.9.1. Ihrough 11.9.3.. inclusive) I I 11.3.2. By lJIul1lal "cceplance of" lump sum (which may include an "lIowance of overhead and profir nor necess"rily in "ccordance wllh paragr"ph 11.6.2.1). I I II 3.3. On lhe b"slS of Ihe COSI of Ihe Work (delermined as provideJ in par"graph 11.4 and 11.5) plus a CONTRACTOR's Fee fOf overhead and pro~il (delennmed as prov,ded III paragraphs 11.6iUld 11.7). I COSl of ("~ Work: I 11.4. 10e term COSl of Ihe Work means lhe sum of all costs necessarily aricurn:d iUld paid hy CONTRACTOR in lhe proper perfonlliUlce of rhe Work Excepl "s olherwise may be Agreed (0 In wriling hy OWNER. such costs shall be in amounlS no higher lhan Iho,,, prevailing In the localily of lhe Projecl. shalf Incllld" only !he folJow-ing ilem< 'ulll slo,,1I nOI inclllde ;U1Y of Ih" costs itemized in par"gr"ph II 5, I I I I I 1.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in rhe performance of the Work under schc:dules of job classifications agreed upon by OWNER a.ntI CONTRACTOR. Payroll costs for employees noI employcJ full time on the Work shall be apportioned on the basis of their lime spent on the Work. Payroll costs shall include. but not be (united to. salaries aotI wages plus the cost of fringe benefits which shaH include social security contributions. unemployment. excIse lI.fl<.l pnyroll taxes. workers' or workmen's compensation. health and retirement benefits, bonuses, sick leave. vacation B.JXJ holid1ly pay applicable thereto. Such employees shall include superintendents a.ntI foremen at the site. Tbe expenses of performing Work after regular working hours. on Saturday, SwxJay'or legal holidays, shall be included in the above to the extent aUlhorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of transportation and storage thereof, lI.fl<.l Suppliers' field services required in connection !herewith. 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. All rrade discounts ,rebates B.JXJ refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so thai rhey may be obtained. 1 I .4.3. Payments made by CONTRACTOR to the Subcontractors for Work perfonned by Subcontr"ctors. If required by OWNER. CONTRACTOR shall obtain competirive b,ds from Subcontractors acceptable 10 CONTRACTOR and shall deliver such b,us to OWNER who will lhen determine. with the Advice of ENGINEER. which bids will be "ccepled. If a slIbconrract provides lMI lhe Subcorurnctor is to be p:Ud on the basis of COSI of rhe Work Plus" Fee. rhe Subconlr~clor's COSl of the Work shall be derenruncJ in Ihe same manner as CONTRACTOR's Cost of the Work. All SlIbconlr"cls sMII be subjecr 10 the orher provisions of rhe Contract Documenls insof"r as applicable. 21 11.4.4. Costs or' Sl>cc,al consulraJlIS (including bUI not limjle<.1 to engUleers. architects .test ing laboralories, surveyors. allomeys and accounlants) elllployoo i'or services specifically related 10 the Work. 11.4.5. SupplemenlaJ costs includUlg lhe following: 11.4.5.1. llle proportion of nccessllry lransportalion, trnvel and subsistence ex[)<'nses of CONTRACTOR's e.nployee.s Ulcurre<.! Ul discharge of dillies connecloo with Ihe Work. I J .4.5.2. COSI, Ulcluding trilfl5portalion an<.! maint enance. of all IflJuerials. su ppl ies. equipment, macluJ1t:ry, appliances. office and temporary facilities at Ihe site and hand lools not o.~ by the workers. wluch are co~ in the perfonnance of the Work. and cost less market value of such items used bUI not consume<.! which remaLn the property of CONTRACTOR. J 1.4.5.3. Remals of all conSlnlCllon eqlllpmenl anJ machinery l\fl(1 the parts lhereof whether rented from CONTRACTOR or others In accordance with the rental agreements approve<.! by OWNER wilh the advice of ENGINEER, and lhe COSIS of t ransportaJ ion, loading. unloading. installation. dismantling anti removal thereof--all Ul accordance VoIith temlS of saI(l rental agreements. llle rental of any such equipment, lllach\J1ery or parts shall c=se when the IL'e thereof IS no longer necessary for the Work 11.4.5.4. S:.les. conSUlller, IIse or '"llil", taxes related to Ihe Work, and i'or which CONTRACTOR IS hable. unposed by LaVolS anJ Regulations. 11.4.5.5. Dcposlts 1051 for cauSeS olher lhan negligence of CONTRACTOR. an)' Subcontractor or "Jlyune dlfcctly Or llldlflXll)' cmplOye<.1 by i\.JIY of Ihem or for who,e aCIS i\.J1Y of lhelll "",)' be: hable, and royally payments and '<:105 i'or penlllt ami lICenses 11.4.5.6. Losses i\.Jld d;ul"'~es (and relaled expenses). not cOlllpensalo.l by InSllrance or olhervvise. fO Ihe Wurk or ulherVol,se SII,;(alllo.l I by CONTRACTOR in connection with the perfonnance an<.! furnishing of the Work (except losses an<.! damages within the de<.luctible amounts of property insurance estRblishe<.! by OWNER In accordance with paragraph 5.9), provide<.! they have resulrtXl 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 mclude settlements lTlAde with the written consent and approval of OWNER. No such losses, damages and expenses shall be include<.! in the Cost of the Work for the purpose of detenn.i.n.i.ng CONTRACTOR's Fee. If. however, any such loss or damage reqlllres reconstruction and CONTRACTOR is placed ill charge tbereof, CONTRACTOR shall be paid for services a fee proportionate to that state<.! In paragraph 11.6.2. I I I I I I I 11.4.5.7. The cost of utilities. fuel and sanilary facilities at the sileo I 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar peny cash items in connection VoIith the Work. I 11.4.5.9. Cost of premiums for additional Bonds an<.! insurance required because of changes in the Work and premiums for property lDSurance coverage within the IUllJlS of the de<.luctible amounts estab II 5 he<.! by OWNER in accordance wilh paragraph 59 I I 11.5. The teml Cost of Ule Work shall not Ulclllde any of the following: I 11.5.1. PayroU costs and other com[)<'rlSarlon of CONTRACTOR's officers, eXCCllI,ves. principals (of partnership and sole propnetorsllJps) .general managers. engUlecrs. architects, est Ilnalors, attorneys, aud itors. IIccounWlts. purchasing and contractUlg IIgents, expeJitors, tunekeepers. clerk5 and Olher per;;onnel employed by CONTRACTOR whelher at the site or Ul CONTRACTOR s principal or a branch office for general aWlti.n.istra..llon of UIC Work and not specifically .nclllde<.l Ul the agrceJ upon schedule of Joh I I I I 22 I I I I c1assificalions referred 10 m paragraph 11.4.1 or specifically covered by paragraph 11.4 A--I\II of which are 10 be considered adrninislrl\live costs covered by Ihe CONTRACTOR's Fee. I I 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. I 11.5.). Any part of CONTRACTOR"s capiUlI expenses. including mterest on CONTRACTOR's capital employed for the Work ROO charges against CONTRACTOR for delinquent payments. I I 11.5 A. Cost of premiums for all BoncJs and for 1\11 ll\SUf1\Ilce whether or not CONTRACTOR is required by the Conlracl Documents to purchase and maintain the same (excep( for the cost of premiums covered by subparagraph 11.4.5.9 above). I I 11.5.5. COSIS due to Ihe negligence of CONTRACTOR, . any Subconlractor, or anyone direclly Or inJireclly employed by any of lhem or whose acls any of them may be liable, including bUI not limiled to. lhe correclion of d~f~criyt: Work, disposal of materials or equipmenl wrongly supplied and making good MY damage to property. I I I 11.5.6. Olher overhead or general expense coslS of MY kind and the COSIS of MY ilem nOl specifically and expressly included m paragraph IIA. I CONTRA CTOR '5 Fu: I 11.6. TIle CONTRACTOR's Fee allowed 10 CONTRACTOR for overhead and profir shall h<: delennined a.s follows: I 11.6.1. a murually acceplable f,xed fee: or If none can be a!;ree(1 upon. I 11.6.2. ~ fe.:: base<.! on Ihe tollowin!; percenla!;e.' of Ihe vilno"s porllOIlS of Ihe COSI of the Work: I 11.6.2. I. for COSIS incurr~1 under I I paragraphs 11.4.1 and 11.4.2 Ihe CONTRACTOR's Fee shall be fifteen percent; 11.6.2.2. for coslS incurred uncJer paragraph 11.4.), the CONTRACTOR's Fee shall be five percenr; a.n<.I if a subconlract is on the basis of Cost of Ihe Work Plus a Fee. the rruuimum allowable to CONTRACTOR on account of overhead and profil of all Subcontractors shall be fifteen percent; 11.6.2.). no fee shall be payable 00 the basis of COSIS ilemlzed uncJer paragraphs IIAA. IIA.Sand 11.5; 11.6.2A. Ihe amount of credit to be ill/owed by CONTRACTOR 10 OWNER for any such change wlUch resullS in a net decrease in COSI will be the amount of Ihe aClUal ne( decrease plus a deduClioo in CONTRACTOR's Fee by an arnouol equal 10 ten percenl of the ne( decrease; and 11.6.2.5.when other addilions and credilS are involved in anyone change. the adjustmeOl in CONTRACTOR's Fee shall be com puled on Ihe basis of Ihe ne( change in acconlance wilh paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. Wllenever the cost of any Work is to be c.Jetennined pursuaIll 10 paragraph 11.4 .01' 11.5. CONTRACTOR will submil in fonn I\cceprable 10 ENGINEER an itemized cost breakdown logether with supporting c.Jal;\. Cash Allowances: 11.8. II is uncJerslooo thaI CONTRACTOR has lIlC luc.Jed m the Conlracl Price all allowances so named 10 the Contracl Documents a.n<.I shall cause the Work so coveroolo be c.Jone by such Subcontraclors or Suppliers and for such sums w;lhin the limit of Ihe allowances as mllY be I\cceplable 10 ENGINEER. CONTRACTOR agrees thar: 11.8.1. The allowMces include the COSI 10 CONTRACTOR (less any applicable lrac.Je c.JlsCOlLnIS) of m;llerlals and equipmenl requireJ by Ihe allowances 10 be delivered III the Slle. an<.l all applicable l;\;<.es: IUld 11.8.2. CONTRACTOR's costs for 23 unloadmg and handlmg on Ihe: Slle:, labor, Lnslallalion cosls. ove:rhead. profil and Olhe:r expense: conremplaIed for the allowances have been mclllded m the Contract Pnce and not m rhe allowances. No demand for additional paymenr on accollnt of any thereof will be: valid. Prior to final payment. an appropriate Change Order will be isslled as recorrunended by ENGINEER ro reflect actual amounlS dlle CONTRACTOR on account of Work covered by allowances. and the Conlracl Pnce: shall be correspondlngly adJllsted. Unil Pria Work: 11.9. I. Where lhe Conrract Documents provide -that all or part of the Work is 10 be U nit Price Work initially the Conrract Pnce will be deemed to lnclllde for all Unil Price Work an amount equal to the sum of lhe established UNI prices for each separately idenlified ilem of UNI Price Work limes lhe estimated qllanlity of each item as lndicaloo In the Agreement. The esti.mated qlla.JHlries of items of Unit Price Work are not gllaranleed and are solely for the purpose of comparison of Bids an<.! determining an initial Contract Price. Detenni.ni\tions of the acn.al qllanrilles and classification of Unit Pnce Work performed by CONTRACTOR will be made by ENGINEER m accordance wilh Paragraph 9.10. 11.9.2. E;.ch lIOlt pflce will be: ue"lIled 10 Include an ;U 11011 nl considered by CONTRACTOR 10 he "de<1"ale 10 cover CONTRACTOR's overheau and prof'l fnr e.;Ich separately ,denl,f,ed irem. 11.9.3. Where Ihe qllant;ly of any Ilelll of Unil Pnce Work pe rfo nile.< I by CONTRACTOR differs malenally and slgn.f'GUlr1y from lhe eSlllllare(! qllanrlly of such ,tem ;ndicaled ,n lhc: Agr"eluelll and Iher" i.s no correspondmg adJlIslment wilh resp<XI 10 olher ,Ielll of Work and ,f any CONTRACTOR CONTRACTOR has he l,e ves Ulctlrred Ih;d "ddil,OIl;t! ex[>Cnse as a resllh thereof, CONTRACTOR 11\;lY Il\a..kt: a clr\1J1l for fVl lncrC-;\$e (/1 [h~ ConI r<\ct Price Ul accord;u1ce wit h A r11e1e I I ,f I the parties are unable to agree as to the amollnt of any such mcrease. I ARTICLE 12 - CHANGE Of CONTRACT TfM}~ I 12. I. The Conrracl Time mRY only be changed by a Change Order or a Written Ameoomenl. Any claim for an eXlension or shortening of the Contract Time shall be based on written notice delivered by tbe party making the claim to the oilier party and to ENGI.NEER promplly (bul m no event later than thirty days) after the occurrence of the event givmg rise to the claim and staling the general nalUre of the claim. Notice of the extent of the claim with supportmg dala shall be delivered WIthin suty days after such occurrence (unless ENGI.NEER allows an additional pericxl of time to ascertain more accurate data in support of the c1aun) and shall be accompanied by the claimanl's written Slatement that the adjustinent claimed is the entire adjusrmenl to which the cla.i:mant has reason to believe it i.s enrilled as a result of the occurrence of said event. All claims for adjuStmenl in the Contract Time sb.all be detenn.i.ned by ENGINEER in accordance with paragraph 9.11 If OWNER and CONTRACTOR cannot olherwise agree. No claim for an adjustmenl. m the Contract Time will be valid if not submitted in accordance wilh the requirements of this paragraph 12.1. I I I I I I I 12.2. The Contract Time will be extendeJ in an amount equal to ti.me lost due to delays beyond lhe conlrol of CONTRACTOR if a claim is made lherefor as provided m paragraph 12. I. Such delays shall Include. but not be limited to, acts or neglect by OWNER or olhers perfonn.i.ng additioMI work as contemplaled by Article 7. or to;.fires. floods, labor UISp\ltes, epiuem.ics. abnonnal weather COnd.I'Ons or acts of God. I I I 12.3. AU lUlle: lunlts slalC'X1 Ullhe Contract DOCllmenls are of the essence of the Agreemenl. The provisions of this Article 12 shall nOI exclude recovery for damages (incllldUlg bill nOI I Ulule.<1 10 fees and charges of engineers. archilects. altomeys and orher profeSSionals and COllr1 and arb.lrarlOn costs) for Jelay by either pal1y. I I I ARTICLE 13 - WARRANTY AND GUARANTEE: I 2'1 I I I I TESTS AND INSPECT10NS: CORRECTION, REMOVAL OR ACCEPTANCE OF OEFECTIVE WORK I I Warran/)' and GuaranJu: I I J. I. CONTRACTOR warrants IlIKI guarantees 10 OWNER and ENGI.NEER tMt All Work will be in accon.lance with the COni met DOClUnenls anJ will not be cUfa:riw:. Prompt notice of all defecls sMII be given to CONTRACTOR. All d~fecr;v~ Work. whelher or not in place, may be rejected, corrected or accepted as provided in lhis Article D. 1 Accen to Work: I 13.2. ENGINEER and ENGINEER's representatives, olher representatives of OWNER, testing agencies and goverrunenlal agencies with jurisdictional interests will have access to the Work at reasonable times of their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. I I Tests and Inspections: .1 13.). CONTRACTOR shAll give ENGINEER tunely nor ice of readiness of the Work for all required inspections, tests or Approvals. I 13.4. If lJlws or Reglllations of any public body h.wing jurisdiction reqtlire any Work (or part Ihereol) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsihility rherefor. pay all costs in connection (herewilh and furnish ENGINEER the required certificates of l11specrion. testin!; or Approval. CONTRACTOR shall Also be responsihle for and shall pay All costs ,n connection wilh any inspection or lesling required In connection with OWNER's or ENGINEER's acceptance of A Supplier of materials or equipment proposed 10 be lflCorporale<J in the Work, or of maleriAls or equipment submitted for Approval prior 10 CONTRACTOR's purchase thereof for incorporation in the Work. TIle cost of <\.II inspections, tests ;u)(1 Approvals in addition (0 Ihe Above which Are required by the Contract Documents SMII he paid hy OWNER (unless othawise specifie<I). I I I :1 .1 13.5 All inspections, tests or approvals other than rhose required by UtWS or Rq;ularions of any public body having jurisdiction shall be perfonlled hy I I ~ I organiv'tions IIcceplllble to OWNER and CONTRACTOR (or by ENGINEER if so specified). 13.6. [f any Work (including the work of others) that is 10 be inspected. tested or Approved is covered without wrillen concurrence of ENGINEER, ;1 must, if requesled by ENGINEER, be uncovered for observation. Such uncovenng shall be al CONTRACTOR"s expense unless CONTRACTOR has gIven ENGINEER timely notice of CONTRACTOR's inlenrion 10 cover the same and ENGI.NEER has DOl acted wirh reasonable promptness in response to such nOllCe. 13.7. Neither observations by ENGINEER nor Inspections. res15 or approvals by orhers shall relieve CONTRACTOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If any Work is covered contrary to the wrinen request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGI.NEER's observaIion anJ replaced ar CONTRACTOR's expense 13.9. If ENGINEER considers it necessary or advisable tMt covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR. at ENGlNEER's request, shall uncover. expose or ~therwise make available for observAtion, inspection or tesling as ENGI.NEER OlIIy requlfe, thaI portion of the Work Ul question. furnishing all necessary labor. material and equipment. If it is found tMt such Work is d~furiv~, CONTRACTOR shall bear all direct, in<Jirect and consequential cos15 of such uncovering. exposure. observation. inspection IlIKI resting and of s.arisfactory reconstruction, (including bur nOI Luniled 10 fees anJ charges of engineers, architects, allomeys llfl<.I other professionals), and OWNER slWl be entirled to an appropriale decrease in the Contract Price. anJ. if the parties Are UMble 10 agree as to the amount rhereof. may rrutke A claim therefor as provided 10 Ar1icl~ II. If. however. such Work is not fourxllo be defect;\/(: , CONTRACTOR slutll be II 110 wed 110 .ncrease in the Conrract Price or an extension of Ihe Contract Time. or bolh, direcrly AttributAble to such IIncov~ring.exposure. observation. inspecrion, lesting and reconslnlclion: and, if rhe parties are llnable to agree as 10 the amollnt or exlenr thereof. CONTRACTOR may mak~ a claim therefor as provided In Arlicles 11 and 12. 25 Owner May Stop the Work: I J.I O. If Ihe Work is dt:j"CI1Vt:, or CONTRACTOR fails to supply sufficient skllleJ workers or suilAble materials or equipment. or fails to furnish or perfonu the Work In such a way tMI the completed Work will confonn to Ihe Conlract Documents. OWNER nUlY order CONTRACTOR to stop the Work. or lUly [>Onion thereof, until the cause for such order hAS been eliminated: however, this right of OWNER to stop Ihe Work shall not give rise to any duty on Ihe pan of OWNER to exercise this right for Ihe benefil of CONTRACTOR or any other pany Correcrion or Removal of Defective Work: IJ.II. If required by ENGINEER. CONTRACTOR shall promptly, as directed, either correct all def"cliv" Work. whether'.onnOl fabricated. installed or completed. or, if the Work has been rejected by ENGINEER.' remove il from Ihe sile anu replace it with IwrufefeclIve Work. CONTRACTOR shall bear all direct. inJirect and consequential costs of such correction or removal (lncludlng but not limited to fees a.n<.l charges of engineers. architects, attorneys a.n<.l other professionals) made necessary therehy. One Year Correction Period: IJ.12. If wilhin one year after Ihe date of SubstantIal Completion or such longer perioJ of time as may be prescribed by Laws or Regulalions or by the lenns of any applicable special guarantee required by Ihe Conlr<\ct DOClunents or by any specifIC prOVIsion of Ihe Conlr<\ct DoclUTlenlS. any Work is fouod 10 be d"fecl'vi'. CONTRACTOR shall promplly, wilhout cost 10 OWNER a.n<.l In accordance with OWNER's wrilten Inslruclions. ellher correct such defi'clive Work, or, If II ha.s been reJected.by OWNER. remove II from the Slle and replace -It wllh /w, ul"ft:cl I Vi' Work. if CONTRACTOR does not promplly comply wilh Ihe terms of such LflSlnlCl,ons, or U) an emergency where delay would cause serious nsk of loss or damage. OWNER !lUlY have the d"fi'clIve Work corrected or Ihe rejected Work removtXl a.n<.l replactXl, a.n<.l All d"lXt. Intltrect and consequential costs of such removal and replacement (lnclmllng bUI nOl IlIruled to fees and charges of englneers. arclulecls. atlorneys a.n<.l other professionals) will be paId hy CONTRACTOR. In spec.al corculllslances where a paniclllar Itelll or ecl'"pmerll .s placed on contlnllOUS senllce l",fore SubslanliaJ COlllplellon of all Ihe Work, Ihe correclioll pcnrxl for lhal item 1I\"y SI;vt 10 nlll frolll a.n earl,er dale I If so provided in the Specifications or by Wrillen AmeodmenL I Acceptance of Defective Work: I I J. I J. If. inslead of req\lInng corrlXlion or removaJ Rnd replacement of defective Work, OWNER (lU'Kl. proor to ENGINEER's recommendation of ftru\1 payment. also ENGI.NEER) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all d i re'ct. inJirect and consequential costs altribUlable 10 OWNER's evaluation of an detenninatioo to accept such defecrive Work (such costs to be approved by ENGINEER as to reasonableness and to include but not b" limited to fees and charges of englneers, architects. altomeys a.n<.l other professionals). Lf any such acceptance occurs pnor 10 ENGINEER's reconullenr.!arion of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease m the COnlract Price,and. if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 1 I. If the acceptance occlIrs after such recolTUTleodation, an appropriate amOllnl will be paid by CONTRACTOR to OWNER I I I I I I OWNER May Corrt:ct Dt:fective Work: I I J.14. If CONTRACTOR fails within a reasonable IUlIe after wrillen notice of ENGINEER to proceed to correct and to correct deft:crive Work or to remove and replace rejected Work as required by ENGI.NEER In accord.ance with paragraph I J. II. or if CONTRACTO R fails to perform the Work In accordance with the Contract Documents, or If CONTRACTOR fails to comply with any other provision of the Contracl Documents, OWNER may, After seven days' written nOllce 10 CONTRACTOR. correct and remedy any such uehciency. In exerclsmg the nghts and remed,es under this paragr<\ph OWNER shall proce>ed expeditiously. To the extenl necessary to complele corrective and remedial aClion. OWNER may excluue CONTRACTOR from all or pan of the site. lake possession of all or pan of Ihe Work. anJ suspeod CONTRACTOR's services relaled Ihereto. lAke possession of CONTRACTOR's tools, appliances. construction e<jl.ipment and machinery at Ihe sIte and incorporate ill the Work all materials and eqllipment slored al Ihe Slle or for which OWNER has paid CONTRACTOR bllt wh,ch are stored elsewh"re. CONTRACTOR shall allow OWNER. OWNER's represenlalives. agenls a.n<.l employees such access 10 Slle as may be necessary 10 enable OWNER 10 exercise I I I I I I I 2() I I - I I Ihe righls and remedies under this paragraph. All direct, indirect l\1'ld consequential costs of OWNER in exercising such rights and remedies will b.: charged againsl CONTRACTOR in an amount Rpproved as to reasoOl\bleness by ENGINEER, and a Change Order will be issued incorporatmg the necessRry revision in !he Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Conlrllct Price, and. if Ihe parties are ufUlble to agree as to the amounl thereof. OWNER may make R claim therefor as provided in Article I L Such direcl, inJirecl and consequential costs will include bul not be limiled to fees and charges of engineers. architecls, a[IOmeys and other professionals. all COllrt and arbilraIion COSIS and all costs of repair and replacement of work of others deslroyed or damaged by corre<:tion. removal or replacement of CONTRACTOR's {It:fecli.,<, Work. CONTRACTOR shall not be allowed an eXlension of the Conlract Time because of any delay in performance of the Work allribulable to the exercise by ,OWNER of OWN ER' s rights and remedies hereunder. I I I I I I I ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION I Schedule of Values: I 14. I. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress paymenls and will be incorporaled into a fonn of Application for Paymenl acceptable 10 ENGINEER. Progress payments on aCcounl of Urnl Price Work will be based on the number of urnts compleled I I ApplicaJion for Progren PaymenJ: I 14.2. AI 1e;\S1 twenty days before each progre~s payment is schec.luled (huI not more often than once a month). CONTRACTOR sltrlll submil 10 ENGINEER for review an Application for Paymenl fillt:4:f out and s.gned by CONTRACTOR covering the Work completed as of Ihe date of Ihe Applicarion Ilnd accompaniec.1 by such supporting documenralion as .s required by Ihe Conlracl Documen[s. If payment is req\lesled on Ihe hasis of m:llerials and eqlllplllen[ not., incorpor:lted in Ihe Work but ddivered and suilahly slored al Ihe sire or al anolher location :lgree<:1 10 .n writing, Ihe Arplic:llion for P:lymenl shall also b" :lccompanied hy a bill of sale. invoice or Olher I I I I I documentarion w8.1Tanting lhat OWNER has received Ihe materillls and equipment free and clear of aU liens. charges, security interests and encumbrances (which are hereinafter in Ihese General Conditions referred to as - Liens -) and in ev idence [hal Ihe materials and equipmenl are covered. by appropriale properry insurance and olher arrangements to prolect OWNER's inlerest Iherein. all of which will be satisfaclory 10 OWN ER. The amounl of retainage wilb res pec I to progress payments will be as stipulaled in the Agreement. CONTRA CTOR's Warraruy of Tille: 14.3. CONTRACTOR WllITIUltS and guaranlees Iblll I.tle 10 all Work. materials. and equipment covered by an Application for Payment. whelher incorporated in the Projecl or ~ot, will pass to OWNER no later than Ihe lime of paymenl free and clear of all Liens. Review of Applicalions for Progress PaymenJ: 14.4. ENGINEER will, wilhin ten days after receipt of each Application for Payment, eitber indicale in wriling a reconunen<.lation of payment and present Ihe Applic:\lion 10 OWNER, or return the Application 10 CONTRACTOR indicating in writing ENGINEER's reason for refusing to recommend payment. In the latter case, CONTRACTOR. may make the necessary corrections and resubmit the Application. Ten days after presenlalion of Ihe Applicalion for Paymenl with EN G TN EER' s reconunen<.lation, the amounl reconunended will (subject to the provisions of Ibe lasl seruence of paragraph 14.7) become due and when due will be paId by OWNER 10 CONTRACTOR. 14.5. ENGINEER's recommendation of any paymenr requested in an Application for Payment will const;rute a representalion by ENGINEER 10 OWNER, based on ENGINEER's on-site observlllions of Ihe Work In progress as an experienced and q\lalified design professioNlI and on ENGINEER's review of the Application of Payment lUl<.llhe accompanying dala and schooules lhlll lhe Work has progressed 10 Ihe point .nd,c:lled: Ihal. (0 lhe besl of Ihe ENGINEER's knowledge. infomUllion and belief, Ihe quality of Ihe Work is in Rccordance wilh Ihe Conlract Documenls (SUOJecl 10 an eVllluation of Ihe Work as a funcliornng whole prior 10 or upon Subsll\nlilll Completion, 10 Ih" resulLS of any subsequenl leslS called for in the Conlract Docllmenls. 10 a ftIllll determination of quanl;lies and cla~sificlllions of Urnl Price Work under par.\gr:lph 27 9.10, and to any other qualifications suuoo in th" recommendation); and that CONTRACTOR is entitled to payment of the amount recommended. However. by recommending any such paymenl ENGINEER will nOI thereby be deemed 10 have represenloo that e",.haust,v" or continuous on-site inspections hilve b=n made 10 check the qU;l.lity or the quantity of the Work beyond the responsibilities specifically assigneJ to ENGINEER in lhe Contract Documents or lhat there may nOI be other matters or issues between the parties that miglll enti[le CONTRACTOR [0 be paid additionally by OWNER or OWNER 10 wilhholo p"yment 10 CONTRACTOR. 14.6. ENGINEER's recolTunerxlalion of fmal paymenl will constitute an additionaJ represenlafion by ENGINEER to OWNER thaI the conditibns precooen[ to CONTRACTOR's being entitled 10 fmal paym"nt as set forth in paragraph 14.13 have been ndfilled 14.7. ENGINEER may renlse 1O reconunend Ih" whole or any part of any payment if. in ENG IN EER' s opinion, it would be incorrect to Illa.ke such representations to OWNER. ENGINEER may also refuse to recommend any such payment. or. because of subsequently discovered evidence or Ihe results of subsequent inspections or tests.nullify any such payment previously recommended, 10 such extent as may be necessary in ENGINEER's opinion to prolect OWNER from loss because: 14.7.1. Ihe Work is dt:ft:CClVt:, or completed Work has been damaged re(j\liring correct Ion or replacemenl. 14.7.2 Ihe Contracl Pnce has been r""llIced by Written t\mendment or Change Order. 14.7.3. OWNER hils been requirecl 10 corre<:l dt:ft:CEivt: Work or complete Work In accordance WIth paragraph 13.14. or 14.7.4. of ENGI:NEER's acnlal knowledge 01 [he occurrence of any of the events enllllleraled m par.lg0lphs 15.2.1 through 15.2.9 InLlIlSlve OWN ER may ren,se to ma.ke payment of the holl amollnt recom.mendeJ by ENGINEER beeallse clall1l" have been /Il;\oe agalllst OWNER on accollnt 0/ CONTRACTOR's perfonnance or h.rrushlJlg ollhe Work or Liens have been fde<.1 in connecllOn 'WIth Ihe Work or Ihere are other .Iems enlllling OWNER 10 " set-off against the aJl10ullt recolllmendod. bill OWNER I musI give CONTRACTOR lmmediate written notice (wilh a copy to ENGINEER) staling Ihe reasons for such action. I SubstanJial Completion: I 14.8. When CONTRACTOR considers Ihe enlire Work r=dy for its intended use CONTRACTOR shall notify OWNER and ENGINEER i.o wriling that the entire Work is substantially complete (except for ;tems specifically listed by CONTRACTOR as incomplete) and re(j\lesl thaI ENGINEER issue a certificale of Substantial Completion. Wilhin a reasonable time thereafter. OWNER. CONTRACTOR and ENGINEER stull make an inspection of Ihe Work 10 determine Ihe status of completion. If ENGINEER does not consider Ihe Work substantiaUy complete, ENGINEER will notify CONTRACTOR i.o writing giving the reasons Iherefor. If ENGINEER considers the Work substantially compele. ENGINEER wiU prepare and deliver to OWNER a tentative certificate of Substantial Complelion wh.ich shall fix tbe date of Substantial Completion. TIlere shall be a[(ached 10 the certificate a tentative lisl of items 10 be completed or corrected before ftrull payment. OWNER sluill have seven days after receipt of [he tentative certificate during wh.ich to make written objection to ENGINEER as to any provisions of the certificale or attached list. If, after consideriIlg SHch objections, ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen w.ys after submission of the tentative certificate to OWNER nOlify CONTRACTOR i.o writing. suting the reasons Iherefor. If. after consideration of OWNER's objections. ENGINEER consider.; the Work substantially complete. ENGINEER will wilhin fourteen days execute and deliver [0 OWNER and CONTRACTOR a deftn.itive certificate of Substanllal Completion (with a revIsed lenlallve list of .lems 10 be completed or corrected) reflecting such chan!;es frolll Ihe tenUltve cer1ificate as ENGLNEER bdieves Jllstifiod after consideralion of any objections from OWN ER. Al the lime of delivery of the tentative cer1ificate of Substanlial Completion ENGINEER wdl deliver to OWNER and CONTRACTOR a written recollunendaltOn as 10 division of responsibilities pendU1g fmal payment between OWNER and CONTRACTOR wilh respect to security. operation. safely, /I1",ntenance, heal. utiJities. insurance and warranl.es. Unless OWNER and CONTRACTOR agree olhe""l"e lJl writing and so infoml ENGINEER prior 10 ENGINEER's isslling the deftn.itive certificale of SlIbSlaIlllal Complet.on. ENGINEER's aforesaid recollUllendalion will be bindlflg on OWNER and I I I I I I I I I I I I I I 28 I I I I CONTRACTOR until ftna.l paymenr. I 14.9. OWNER shall have the right to excluue CONTRACTOR from Work I\fter !he tla1e of Substantial Completion, bllt OWNER shall allow CONTRACTOR reasonahle access to complete or correct items on the lenUlI ive lisl. I Partial U,ilizaJion: I 14.10. Use by OWNER of any fmished part of the Work. which has specifically been identified in Ihe Contract Documents, or which OWNER, ENGINEER anti CONTRACTOR agree constitutes a separately functioning anti useable part of the Work that can be used by OWNER without significant interference with CONTRACTOR's performance of the remainUer of the Work. may be accomplished prior to Substanlial Complelion of alllhe Work subject to the following: I I I 14.10.1. OWNER at any time may requesl CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its inlended use anti substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that saiu part of lhe WORK is substantially complere and request ENGINEER to issue a certificale of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER anti ENGINEER in wriling that CONTRACTOR considers any such part of the Work really for its intended me and suhslanti;illy complete and request ENGINEER 10 issue a cer1ificale of Substantial Complelion for IMt par1 of the Work. Within a reasOrulble lime after either such request. OWNER, CONTRACTOR and ENGINEER shall make an inspection of lhar part of the Work 10 uetennine ilS stal1IS of complelion. II ENGINEER does not consider thar part of Ihe Work to be substantially complele. ENGINEER will notify OWNER a.nd CONTRACTOR in wriling giving the reasons therefor. [f ENGINEER considers lhal part uf Ihe \Vork 10 be sllbslanrially complete, the prOVISIons of p:lra!;raphs 14.8 a.nd 14.9 wtll apply wlrh respecr 10 certiflcarion of SlIbSlaJlI,;,1 CompletIOn of that par.t of Ihe \Vork and Ihe diVISIon of responsihtlilY ,n res pecl r he reo f IUld access I he rei o. I I I I I I I I I I ~- I 14.10.2. OWNER may at any time request CONTRACTOR in writing to permit OWNER (0 lAke over operalion of any such part of the Work aJthough it is not substantially compJele. A copy of such request will be sent to ENGINEER anti within a reasonable time thereafter OWNER. CONTRACTOR anti ENGINEER shall make an UlSpection of that part of (he Work to uelennine its status of complC(ion anti will prepare a list of the items remaining to be compJeled or corrected thereon before (mal payment. If CONTRACTOR lloes 00( object in writing to OWNER and ENGINEER lhar sucb part of the Work is not reauy for separate operation by OWNER.ENGINEER will finali.ze the Ust of items to be compleled or corrected and will ueliver such list to OWNER anti CONTRACTOR togelher with a wrinen reconunendation 85 to the llivision of responsibilities pending fmal payment between OWNER and CONTRACTOR witb respect to security. operation. safety. maintenance. utilities. insurance. warranties and guarantees for that part of the Work which wiU become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless rhey shall have otherwise agreed in wnttng and so informed ENGINEER). During such operalion and prior to Substantial Completion of such part of the Work. OWNER shRlI 1I110w CONTRACTOR reasonable access to complete or correct items on said [jst anti 10 complete other related Work. 14.10.). No occupancy or separate operation of part of !he Work will be accomplished prior 10 compliance with the requirements of paragraph 5.15 Ul respect of property UlSII rance. Finallnspurion: 14.11. Upon wrinen no(lce from CONTRACTOR lhat rhe enrire Work or an agreed portion thereof IS complC(e. ENGINEER will make a final inspection wilh OWNER a.nd CONTRACTOR and will norify CONTRACTOR in wriring of all particlllars in which Ihis inspectIOn reveals th;1I the Work is incomplete or r1eJt:cn've. CONTRACTOR shall immediately lake such Illea$urcs a.~ lire necessary 10 remetly such ueficiencies. 7.9 Final Applicwion for PaymenJ: 14.12. After CONTRACTOR has completeJ "II sllch corrections to the satisfaction of ENGINEER anJ delivered all lTI1\intenance and operating inslolclions, schedules, guarantees, Bonds, cer1ificates of inspection, marked-lip record documents (as provided in parilgrilph 6.19) iIIld Olher documenls-aJl as required by Conlrilcl DOC\U11enlS, and after ENGINEER has indicilted lhat Ihe Work is acceptAble (subject to Ihe provisions of pilragraph 14.16), CONTRACTOR nUlY make application for fmal payment following Ihe procedllre for progress payments. The final Applicalion for Paymenl shall be accompanied by all documenliltion called for in Ihe Contract Documents, togelher .wilh complete and legally effective releases or waivers (Sill is factory 10 OWNER) of all Liens arising 0111 of or ftled in connection. with Ihe Work. In lieu thereof and as approved by 9WNER. CONTRACTOR may furnish receipts or releases 1I1 full; iIIl affidilvi( of CONTRACTOR that the releases and receipts mclude aU labor. services, material and equipment for wluch a Lien could be filed. and lhat aJl payrolls, material and equipment bills. and other indebtedness connected wirh Ihe Work for which OWNER or OWNER's propeny might in any way be responsible, have been paid or Olherv.tise sarisficXI; and consent of the surety, if iIIlY, ro finaJ paymeru. If any Subcontractor or Supplier fads 10 furnish a release or receipt in full, CONTRACTOR tmy furnish a BonJ or other collateral satisfactory 10 OWNER to indemnify OWNER against any Lien Fifwl PaYlIlenJ and Acceptance: 14.1 J. If. on Ihe basis of ENGINEER's observallon of me work d\lnng consrnlctlon and fmal mspeclion. and ENGINEER's reVIew of (he fl.fiill Applicalion for Payment and accompanying documenlation-- all as reqlllrOO by (he ConlraC( Documenls, ENGINEER IS sal isfieJ IIUlI the Work has been compl':led iIIld CONTRACTOR's Olh.:r ohhgalions under Ihe Conlracr Doclull.:nLS h,we been f1t1filloo, ENGINEER will, wllllln len days after recelpr of Ihe f,nal Application for Payment. [mlicale In wnru1g ENGINEER's recolTUT,endalion of I)aYlllelu and present (he Applicalloll 10 OWNER for pilym.:nl. Thereupon ENGINEER wdl give written nor ice 10 OWNER and CONTRACTOR thal Ihe Work IS acceprilble sllbJect 10 the provisions of pMilgraph 14.16. Orhe:rwlse:. ENGINEER will return the: Applicillion to CONTRACTOR, uldIC~(Ulg III wrJling the reason.s for ref\lsll1g 10 recollullend (II);.! paymen!, in which cas.: CONTRACTOR shallmak.: Ihe ne:cessary correcllons I\nd resllbmil Ihe Applicallon I 1l1iny dilYs after presentAtion to OWNER of the Applicalion and accompanying documentalion. Ul appropriate fonn and substance, and wilh ENGINEER' s recommendarion and notice of acceptability, the amOllnl recommentled by ENGINEER will become due and will be pRid by OWNER to CONTRACTOR. I I I 14 14. If, IhrOUgb no falllt of CONTRACTOR. tinaJ completion of the Work IS significantly delayoo and if ENGINEER so conftrm.s. OWNER shall, upon recelpl of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and witholll terminaling the Agreemen[, make pay men I of the balance dlle for that portion of Ihe Work fully completoo ilnd accepc:ed. If the remaining baJance to be bekl by OWNER for Work not fully completed or corrected IS less that the retai.nage stipulaled in the Agreement. a.oJ if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety [0 the paymenl of the billance due for lhat por1ion of (he. Work fully completed and accepted shall be submitled by CONTRACTOR to ENGINEER with tbe Application for such payment. Such payment shall be made under [he terms and conditions governing final paymenr. excepl that it shall nOI constil\lle iI waiver of c1alins. I I I I I Corurac/or's COnJinuing Obligwion: I 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with tbe Contracl DOClUTlenlS shall be absolute. Neilher recommendation of ilny progress or fmal payment by ENGINEER, nor [he issuance of a cer1ifiCille of SubstantiaJ CompletIOn, nor MY payment by OWNER or CONTRACTOR llncler Ihe contract Documents. nor any use or occupancy of Ihe Work or any part thereof by OWNER, nor any aCI of acceptance by OWNER nor iIIlY filllure to do so. nor iIIlY review and approvill of a Shop Drilwing or sample submiSSIon, nor the issuance of a notIce of acceptilbdiry by ENGINEER pursuant to paragraph 14.IJ. nor a.ny correcl of dLft:co'vt: Work by OWNER WIll conslit\lte an acceptance of Work nol in accordance with (he Coni raCI DOClUnenLS or a release of CONTRACTOR's obligallon 10 perfonn (he Work in ilccordilIlce wilh the Conlracl DOClllI,ents (except ilS provKleJ Ul parilgraph 14.16) I I I I I Waiver of Claims: 14 16. The maKIng ;\IId accel){iIIlCe of fmilll'ilynH:rll wdl cOltSl;lute: I 14.16.1. a W:l,Vcr of all c1auTl5 by OWNER agilin~t CONTRACTOR, except c1i1lll1S ariSing I JO I I - ~ . I " - I from unsellltXl LIc~ns. fro,u "~f~clivc Work appearing after flllal inspection p..Irsuanl 10 para&(;\ph 14. II or from failure 10 comply ""j,h Ihe Conlract Documents or ,he temls of lVIy special guarlVllees specifleJ Iherein: however. il ""ill no, conslinlle " ""aiver by OWN ER of IVIY righls In respect of CONTRACTOR's conlinuing obligatiOns IIrx1er Ihe Conlracl DocumenlS: anJ I .. ' I I I I 14.16.2. a CONTRACTOR Ihose previously II nsel I 100. waJver of aJl claims by against OWN ER other lhan maue in wril ing an<J Sl ill I I I ARTICLE 15 - SUSPENSION OF WORK AND TERMlNA nON Owner May SUJp~n.d Work: I 15.1. OWNER may. al IVIY linle wilhoul cause. susperxl the Work or lVIy ponion Ihereof for a period of nOI more IhllJ1 rU.nely uays by notice in wriling 10 CONTRACTOR IVIU ENGINEER ""hich ""ill fix Ihe dale on ""hich Work will be resumed. CONTRACTOR shall resome Ihe Work on Ihe dale so flxoo. CONTRACTOR shall be a 110",,&1 an increase in the Conlracl Price or IVIY extension of the ContraCI Time. or bOlh. directly allribulable 10 any sllspension if CONTRACTOR makes MI approved claim Ihereof "-~ provided in Ar1icles II itn<J 12 I I I OWNER May TUl1/inaJe. I 15.2. UfX>n Ihe OCCllrrence of allY one or n,ore of Ih" follo""lng evenlS: I 15.2.1. If CONTRACTOR COllullences " volunl!~ry case IInuer any chapler of ,he Bankn'(>lcy Code (T~'1e II. UnJled SIMes Code), as no"" or hereatier In effeel. or If CONTRACTOR lakes iUlY e.(jlllv"lenl or sunilar aClion hy f,hn/; a pelltion or o,herwlse IInder any (){l1cr (ederaJ or Slal<:: la"" U1 e((~1 '" such IUlIe rda,in/; 10 ,he uilJlknlplcy Or II\solvency: I I I I 15.2.2. if 8 pellllon IS filtXl 8 gains I CONTRACTOR urxler fUlY cM(>ler of the Bsv1knlpcy Code as no"" or hereafter in effec, "I ,he lime of fl1inb' or if a petilion is filtXl seeking fUlY such cq1l1vaJent or similar relief against CONTRACTOR llrxler any other federal or stale la"" U1 eFfecl 81 Ihe tune rclaling 10 hank.ru(>lCY or U1solvency; 15.2.3. if CONTRACTOR makes a gener'l.! assigrunenl for Ihe benefit of crooitors; 15.2.4. If a IruStee. receiver. custodian or agent of CONTRACTOR is appoinlOO under applicable law or urxler contract. whose appointment or authonty 10 take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against sucb property or for the purpose of benera' administration of such property: for the benefit of CONTRACTOR's croo,lors: 15.2.5. if CONTRACTOR admilS in writing IVI irutbiliry 10 pay its debts generally as Ihey become due: 15.2.6. if CONTRACTOR persistently fails 10 perform the Work in accordance with the Contrnct Documents (including, but not limited to, failure to supply sufficient skiUed workers or suit;ilile materials or equipment or failure to adhere (0 the progress schooule esublishoo under paragraph 2.9 as revisoo from lime 10 time): 15.2.7. if CONTRACTOR disregards Laws or RC!~ulalions of O\J1y public body having J'lnsdiClion: 1528. If CONTRACTOR disre!;an.ls Ihe ,,",honry of ENGINEER: or 15.2.9. if CONTRACTOR OIherwise violates Ul any suhSI;Ulll:l1 ""~y iVly prOVISIOns of (he Conlr~cl Docurllcnls. OWNER may. after !;lvU1g CONTRACTOR (a.J1<.l SlIrelY, J' rhae be one) seven days' ""nllen notice arxIlO the exlenl p<:nnineJ by u,ws and Regulations, temU.n.~le ,he serv,ces of CONTRACTOR. exclude CONTRACTOR frol1l Ihe sile a.J1<.ltake possession of Ihe Work and of all CONTRACTOR's tools. "prU!\J1Ce.~, constnlcllon equipmenl IVId machinery at the 31 site and \lse Ihe S;lIlle to the f\lll exlt;nl Ihey cOllld b" IIsed by CONTRACTOR (withollt I.:dldily 1(, CONTRACTOR for Iresf"L"s or conversion). "lCllrpor"k in the Work all m;lIen:tls and eqll'l)II'''1I1 ,Iored ;01 Ihe sil" or for which OWNE:R h..s 1)IlId CONTR/\CTOI< hili which lire slor"Cd clscwhere. IInd filli,h Ihc \Vork a, O\VNE:R m:>y deem expedierlL In ,"ch CI.'e CONTRACTOR ::1':111 ,\01 bc elltllled In r"c";v,, an)' fllrlher paymenl IlIlIrI Ihe \Vork is lilli.,h"d. If Ihe IInf"ud baJance of Ihe Conlract Price exceed, ,he d"ccI. indirecl I\J'l(I conSe(l'lelllild costs of co,"plefillb Ih" Work (mcl\lding bllt not lim;te<1 to fees llml ch:>rg'" 01 engmeers. nrclulecls. aflomeys nnd other professionah I\J'l(I COllrt Rf)(] nr\)itrnllon COSIS) sllch excess will bc pllld 10 CONTRACTOR. If such costs excee<1 slIch IInp"id b:\l:uJce. CONTRACTOR shilll p"y Ihe difference 10 O\VNER. Such COSIS incllrred hy OWNER will b" :>pprovecl :\5 to_iertsonableness by ENGINEER and mcorporrtled in. rt Change Order, bllt when exercis,,>!,; any rights or reme<lies lInder Ihis paragraph O\VNER sh:1I1 not be reqllired 10 oblain the lowest price for Ih" Work penonned. 15.3. \Vhere CONTRACTOR"s services h:>ve been so termmated by OWNER,lhe lenllination will not :tllecl nny rights or remedies of OWNER . aga,nSf CONTRACTOR then existing or which may Iherearler accnle. Any retenl ion or paymenl of ",olley' dlle CONTRACTOR b)' OWNER will nOI r"lease CONTRACTOR frolll liabilily. 15.4. Upon seven da)'s' wrrtlen nOIIL-e III CONTRACTO[~ alld ENGINEE:R. OWNER IIlay. \Nj[hOII( ca\t~c I\r)d \Vlrllf)\I( prejudice [u ,IllY ochc.;( ri.sltf or relllC<.ly, elecl 10 all;Uldon the Work ;U1d lerlllln;de Ih" AgreenlenL In sllch C:lse.ex[)Cnse sllSfain",,1 pillS renson..ble lenllin:llion expenses, which .~eqllenlirtl CiJst, (inclllding, bill nOI IlIlIiled 10. f~es and charrc-, or en!;inecrs. arcllilecls. "ltomeys ;Uld olher profes~""1,,1' and COllrt and "rbitralioll costs). Contractor ivfay Slap Work or TU/IIinll/t:: 15.5. If, tl\rollgh 110 "CI or fallll ofCONTRACTOI~. the Work is slIspcnded f"r a period of Illor" Ih:U1 IIlnel)' d:>ys by OWNER or nnder :Ul order of COli 11 or olhel public alllhorilY, wilhin thirty d"y' afl~r il " -'1I111nilled. or OWNER hil, for Ihi[1y d:rys 10 pa)' COf\!TRACTOll any ," III f~nally delenllined 10 be dlle, Ihen CONTRACTOR m~y IInder s"ven days' wrilten nulie,' 10 O\VNER alld ENGINEER. tenll",,,le Ihe A!;re""lenl nnd recover from OWNER paymenl for nil Wor\.: executed nnd allY expense slIstained pillS reasonable I I Icnllin;llioll expenses. III addilion llJld in liell of lelllli'\;lling Ihe Agreement. if ENGINEEIl hns failed 10 act on IIIl ,\pplicalion for PnYll1enl or O\VNER hll' t';,dc:d to 1I';lk.: any paYlllcnr ns ;,forcs.lld CONTRACTor~ I\I/lY "1'011 '''''en dll)'" wrillen 1I0I,Ce 10 OWNEH and ENGINEER SlOp Ihe Work IInl.! 1\:IYIl\eJ){ of ;.11 :Ul1OluH.'\ Ihen dllc. The provls;ons: of ,h;s 1"\I'''.I;r''ph ,hall 1\01 rdic"" CONTllACTOR of Ihe <>l>li.l;alions IInder I,arllb"'ph 6.29 IU carry Oil Ih" \Vor\.: III ;tccord:tnce: w;lh rhe rrOb(~~S schedl"~ and \vilhollf dt;llIY dllrlJ1b dlSpllllc;<; JUHI d;SJ1!-:fcclllcnb w;t11 O\VNER. I I I ,\I1TICLE 11; - 1\IWITI1ATION I 16_1. All cl;l\ms, displlles l\I1d olher nl1.llerS III question l>Clween OWNER and CONTRACTOR ari,in!; Ollt of, or rtl:rlillb 10 Ihe ContrrtCI dOCllmenls or Ille breach Ih~r"of (.;xcept for c1aiJns which have been w;lIved by Ihe maxin!; or accept:uJce of final prtYlllenl as provided hy prtra!;rnph 14.16) will be decided in the SlIpcrior COllrt of RIchmond COllnty. Georgia. I I I ARTICLE 17 - IvnSCELLt\NT.OUS I Giving No/ice: 17.1. \Vhencver:uJY provision of the Contract DOCIIIII"n" reqllircs tht givin.t; of written notice. il will I>e deemed 10 have been validly given if delivered in i>c.;rson to lhe: 1f'l(liv;dll..:tJ or (0 a Inelnh~r oflhe flfll) Of to ;U1 oflicer of Ihe corporalion for whom il is U1lcllded, or 1'- dt:! ive red "lor ,enl by registered or cert i '-1 cd mil i I. post"ge prep"id. to lhe 1:.,1 bllsiness "ddress known 10 Ihe b,,,er of ,he nOlice I I I CUllljlllW/ioll of Tillie: I 17.2.1 \Vhen ;U1y pellod of t,me "' referred 10 III Ih" Conlrllcl Docllmenls by d;,)'s. it ",.II hc <':Olllpllt<:d 10 exclllde Iht f~r" ll11d ,"clllde Ihe IIlsl d"y 0'- sllc.h period. If Ihe 1.151 d~y of ""y ,"cl1 period '-alls on a SattlrJIlY or SlInd"y or on " d,,)' Illade a legal holidllY by Ihe Jaw of Ih" "pl'licllbk jllrisdiclion, Stich d;r)' w.ll he olllllled (rolll the COlnplllatlon. I I 172 2. A cllkndar (I:.y of Iwe"ly.follr hOIJ(s "I<.:;rsllred frorn lllidnigl1l 10 the ne~l Illidni.l;hl sh,,1I co"srifll!e .1 day. I 32 I I ! . :1 I General: I 17.3. Should OWNER or CONTRACTOR slIff..:r injury or uamage to person or property because of :U1y error, omission or act of the other pllrty or of any of Ihe other party's employees or agents or othas for whose /lcts the other party is legnlly lillbl<:, t:laim will be mad..: in writing to the otha party within II rellsonabk lime of the first observanct: of such injury or d:lluagt:. The provisions of Ihis paragr:\ph 17.) shall not he c(~nst nit:" as /I substiolte for or II wniver of the provision.~ of Itny applicable statute of limitations or repose. I I I 17.4. TIle duties and obligations imlxlst:d by thes..: General Conditions anti the rights ami remedies aVllilable hereunder to the parties hereto, lind, ill pnrticulnr bill without lunitntion. the warranties. !;unmntees :U1d obli!;alions inlposed UpOIl CONTRACTOR by para!;raphs 6.30..1).1, 13.12. 13.14. 14.3 a.nd 15.2 :U1d all of the righl.s and remedit:s available to OWNER and ENGINEER thereullder, ar..: in addition to. :u)(1 are not to be constmed in :U1y way as n limitation of. :U1y rights and remedies available to :U1y or nJl of them which arc otherwisc iUlposed or available by L:,WS or Regul:ltions, by special warranty or !;unrantee or by olher provision.s of the Contract Documents. and the provisions of this paragraph will be effective ns if repeated specifically in the contract Documents in conncction with each pnrticular duty, obli!;ation. right ami rcmedy to which they apply. All representntions, wnrranl ies nnd !,"\Inrnntces made in lh..: Cont ract Documents will survive final paymcnt Itlld tennination or cOIllPh:tion of lhe Agreelllt:nt. I I I I I I I I I I I I I 33 ~ . 11 I I , " I I I . . I i' I I I I I I I I I I I I SPECIAL CONDITIONS 1. OPERATION AND STORAGE AREAS: All operations of the Contractor (including storage of materials) shall be confined to areas authorized and approved by the Owner. 2. SUSPENSION OF WORK: The Owner shall have the right to stop or suspend the work at any point if in his opinion, public need demands it. In case of any suspension, the time within which the Contractor is required to complete the work, shall be extended by as many days as the same was thus suspended. 3. CONTRACTOR'S NOTIFICATION: The Contractor shall notify the Owner at least one full week in advance of the date he is to begin work so that the tank will be empty. Once the tank is empty, the work shall progress without delay. 4. LICENSE: The successful bidder shall have a current County Business License during the term of this Contract. 5. LEAD ABATEMENT: The blasting and cleaning actions shall be administered using lead abatement procedures. Bidders will be required to strictly follow procedures detailed in these specifications. It shall be the Fesponsibility of the Contractor to carry out all job operations during the course of the project in compliance with both Federal and State laws. It shall be the responsibility of the Contractor to be aware of all rules and regulations pertaining to lead abatement and hazardous waste management control. SC-l 1 I 'I:. I I I I I I I I I I I I I I I I SUPPLEMENTARY CONDITIONS 1.1 OWNER'S LIABILITY AND PROPERTY INSURANCE Sect.ion 5.5,5.6,5.7,5.8,5.9, Condit.ions shall be amended as follows: 5.10 of t.he General No addit.ional liability or propert.y insurance will be purchased by August.a Richmond Count.y for t.his project. Current lnsurance coverage will remain in effect. for the life of t.his Cont.ract. 1.2 CONTRACTOR'S LIABILITY INSURANCE As indicated under Sect.ion 5.3 of t.he General Conditions, the Contractor's Liabilit.y Insurance shall be in an amount not less than $200,000 for injuries, including accidental deat.h, to anyone person, and subject t.o the same limit. for each person, in an amount not less than $500,000 on account. of one accident, and Contract.or's Property Damage Insurance in an amount not less than $100,000 for all property damage sust.ained by an one person in anyone accident.; and a limit of liabilit.y of not. less than $200,000 for any such damage sustained by t.wo or more persons in anyone accident. The Contractor shall eitber (1) require each of his subcontract.ors t.o procure and to maintain during the life of his subcontract, Subcontract.or's Liability and Property Damage Insurance of t.he t.ype and in the same amount.s as specified in t.he proceeding paragraph, or (2) insure t.he activities of his subcontractors in his own policy. 1.3 SPECIAL HAZARDS The Contract.or's and his Subcontract.or's Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right.-of-ways of the Augusta Richmond County Road System and on properties owned or leased by Augusta Richmond Count.y. ( bl Work within easements granted by connection with the construction of in property owner the project. (e) Work 1n close proximity to existing water lines. telephone lines, gas lines, other utilities and private structures contiguous to the job site. 1.4 TESTING LABORATORY All malerials testing and laboratory work in connection therewith shall be paid for by the Contractor and approved by the Engineer. SUP-l 1.5 SURVEYS The staking, Contractor will provide surveying for construction horizontal control and vertical control as necessary. 1.6 PROGRESS PAYMENTS Section 142 of the General Conditions shall be amended as follows: The Contractor may submit monthly estimate for work completed and materials property stored as approved by the Engineer. When an estimate 1ncludes materials stored, a bill of sale, invoice or other documentation warranting that the Owner 1S rece1v1ng the material free and clear of all liens, charges, security interest and other encumbrances shall be attached to the payment request. 1.7 OWNER All references to "Owner" shall be interpreted t:o mean the Augusta-Richmond County Commission, or his representative. 1.8 UNDERGROUND UTILITIES 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 The Contractor shall use certified flagman, barricades, and s 19ns as necessary to not i fy the publ ic, in particular those persons driving in the"vicinity of the project, of the construction and its affect on traffic. SUP-2 I I I I I I I I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS SECTION 1 I SCOPE OF WORK I 1,1 GENERAL: These specifications cover the repairs, surface preparation, recoatings, disinfection, and returning to service the water storage tanks referred to herein; improvements and/or repairs to tank appurtenances; the labor, equipment and materials to be incorporated in the work; and miscellaneous work required 1n connection with the tank renovations. I I 1.2 LOCATION: The location of the two subject water storage tanks are shown on a location map included in these specifications as page L-1. I 1.3 PAYMENT: Payment for performing the work outlined herein, will be made on the basis of the Lump Sum Prices Bid for the particular items. I I 1.4 GUARANTY: The Contractor shall guarantee the work for a period of one (1) year from the date of acceptance, with the guarantee providing that the Contractor will repair any defects due to faulty workmanship or materials which become evident during the guaranty period. Included in the guarantee shall be labor, equipment and materials provided by the Contractor during the guaranty period, all per diem costs, all mileage costs, and all other costs required of the contractor to fulfill the guaranty requirements. I I 1.5 SCOPE OF WORK - GEORGETOWN TANK I 500,000 Gallon Elevated Tank Built in 1970 by: Taylor Iron Works Macon, Georgia I I Complete containment and renovation of tank including miscellaneous repa1rs, surface preparation and application of coatings and,logos, testing, disinfection, fencing repairs and placing into serVlce as described herein and in these Specifications. I Known items to be addressed: (1) Concrete Valve Pit to be cleaned and painted as per specifications in Section 2. I (2 ) There is an evident leak that can be heard in the overflow pipe which is located inside the center riser. This piping shall be capped and completely cut loose and removed from the inside of the riser. All high points after cutting and removal of said piping shall be ground down smooth. Contractor shall construct a new overflow drainage system utilizing schedule 40 steel 6 inch piping. The new drain piping shall be attached by welds every 15' maximum on the exterior of an outside leg. A flapper valve with concrete splash pad shall be installed at the ground level of drain. I I I I TS-1 (3) Conduit lS loose at top of tank and needs reattaching. I (4 ) The bottom portion of the exterior ladder has been removed, and shall be replaced with a ladder of similar construction to the existing ladder, firmly and permanently welded in place. I I (5l Aeronautical warnlng lights shall be brought into operation. (6 ) Tank float and target does not work. The tank float, cables and any related fittings shall be replaced. Float shall be PVC or stainless steel. The Float cable shall be replaced with stainless steel wire rope, not less than 1/16" diameter. I I (7 ) There is an existing chain link fence, with double gates, that totally surrounds the tank property; all post and. fence seem to be in good condition and shall remain. Several post arms (used to support barbed wire) may be dislocated from the top and needing repair or replacement as required. The majority of the fence is covered with vines and growth, all which should be completely removed. All trees inside of property shall be removed. All barbed wire should be replaced with new wire. Gates should be checked for smooth and proper operation. I I I I 1.6 BELAIR ROAD TANK I 1,000,000 Gallon Elevated Tank Built in 1975 by: Pittsburg-Des Moines I Complete containment and renovation of tank including miscellaneous repalrs, surface preparation and application of coatings and logos, testing, disinfection, fencing repairs and placing into serVlce as described herein and in these Specifications. I Known items to be addressed: I (1) There is an existing chain link fence, with double gates, that totally surrounds the tank property. All fence and post seem to be in good condition and shall remain. Several post arms (used to support barbed wire) may be dislocated from the top and needing repair or replacement as required. Portions of the fence are covered with vines and growth, all which should be completely removed. All barbed wire should be replaced wlth new wlre. The two existing gates and gate post have been damaged. The two gate post need to be straightened or replaced and two new gates installed similar to existing. I I I I I TS-2 I ~ . ;1 TECHNICAL SPECIFICATIONS SECTION 2 1 MISCELLANEOUS ,I 2,1 AERONAUTICAL WARNING LIGHTS: The conduits and frames of aeronautical warning lights attached to the tank shall considered and integral part of the tank and shall be prepared painted as such. all be and I 1 Care shall be exercised to prevent any damage to these lights, covers, wiring. etc. Any exposed wiring shall be marked to prevent painting such electrical wiring. Lenses and Light Bulbs shall be either masked or removed at the option of the Contractor to prevent painting or damage to them. I All lights shall be operational at the end of each day of work. Any lights which were not operational before the Contractor begins the work covered by these specifications shall be brought to the attention of the Owner. I I The Contractor shall replace any lights. lenses, WIrIng, etc. which he may damage at his own expense. I 2 .2 ANTENNAS, TRANSMITTERS, SENSORS, should encounter in the performance Transmitters, Sensors or Gages on the shall be taken not to cause damage to GAGES: If the Contractor of his work any Antenna, tank or its structure, care these installations. I I If it should become necessary to remove any antenna, wiring, etc., which is not an integral part of the tank, the Contractor shall give the Owner 5 days prior notice so that owners of such installations may make necessary arrangements for removal of same. Any gages, sensors, etc. which are an integral part of the tank shall be cleaned and painted in such a manner as to not cause any damage to such installations. I 1 The ConLractor shall not stop his work during removal of any such lnstallations but will concentrate his work on areas other than the areas where such installations are being removed. I 2.3 TANK PIT: The tank pit with all pipes and valves shall be consldered an integral part of the tank and all pipes and valves 1n the pit shall be cleaned utilizing SSPC methods SPl (Solvent C lea n i n9) and SP2 (Hand Tool Clean i ng). The Owner sha 11 i nspec t the pit, pipes and valves after cleaning to determine their condition. Upon inspection by the Owner of the pit, pipes and valves. the Contractor shall paint the pit pipes and valves with Tnemec System 66-/. or equal Epoxy system previously approved by the Owner. The prImer and top coat shall be applied by brush to a dry film thIckness of 4 mils per coat following manufacturers 1nstructions for applicacion and drying time. The Paint shall comply with applicable requirements of Section 4.7 and 4.8. 1 1 I I I TS-] The tank pit covers shall be considered an integral part of the tank and any broken hinges on the covers shall be repaired. The Pit Cover shall be cleaned and painted the same as the tank pit pipes. Section 2.2 also applies to wiring and gages in the tank pit. I I All rust, scale, sediment or dirt collected inside the pit shall be entirely removed Erom the pit. I Caution shall be taken to prevent clogging of drains In the tank pit 2.4 work lump PAYMENT: No separate payment shall be made Eor miscellaneous and all costs in connection therewith shall be included in the sum price in the proposal Eor cleaning and paintIng the tank. I I I I I I I I I I I I I I I TS-4 I I I TECHNICAL SPECIFICATIONS SECTION 3 CLEANING AND REPAIRS 3 .1 SCOPE: The work covered specifications consists of the superintendence, equipment and opera t ions in connect ion wi th elevated tanks, complete in speci fica t ions and subj ect to contract. under this section of the furnishing of all plant, labor materials and in performing all the cleaning and repalrs of the strict accordance with these the terms and cond i t ions 0 f the I I I 3.2 GENERAL: The work consists of the cleaning and repalrs required in this specification for the interior and exterior surfaces for the two (2) elevated water storage tanks. Durinq the prOlect, only one (1) tank will be taken out of service at any time. I 3.3 LEAD ABATEMENT: A. RESPONSIBILITY: It is the responsibility of the Contractor to carry out all job operations during the course of this project in compliance with both Federal and State laws. Contractors shall carry out job procedures to maintain compliance with Georgia Department of Natural Resources, E. P. D. Hazardous Waste Branch. It is the responsibility of the Contractor to be aware of all rules and regulations pertaining to lead abatement and hazardous waste management control. l I ! I I I B. CONTAINMENT SYSTEM: GROUND COVER: During all job operations, the Contractor shall maintain ground cover on all areas within the drape contain- ment and extending beyond to assure spent abrasives do not directly contact ground surfaces. Ground cover shall consist of materials such as plywood, particle board, or flexible mat liner. All seams shall be sealed to prevent ground exposure. Materials such as low film thickness plastic or polyethylene sheeting will be not be used unless used in conjunction with the materials listed above. I I I I I I c. I I I 1. It will be required that, during all exterior operations, the Contractor use total drape containment. The system to be used shall be the T.E.P.E. System designed by Eagle Industries. In event bidders elect to use an alternate system of drape containment, the bidder must submi t a detai led specification of system to be used, including material specifications, design, certified engl- neering load bearing reports, and all detailed specifications to the Owner or his Job Manager ten (10) days prior to bid opening. No alternate system will be considered acceptable until the Owner and Job Manager have approved. 2. Bidder shall be required to submit a signed affida- vit to the Owner releasing same from any costs associated with patent infringement. TS-S D. COLLECTION OF ABRASIVE PRODUCTS: I 1. INTERIOR: All interior blast ma ter ia 1 sha 11 be vacuumed from interior surfaces and removed from the job si te. Contractor sha 11 not be a llowed to shovel or force used abrasives down the riser or from the tank. A vacuum system must be employed to reduce dust. All interior spent abrasive shall be removed from the job site and disposed of in accordance to State and Local ordinances for disposal of non-hazardous materials. The Contractor shall be responsible for all costs associated with the removal and disposal of the non-hazardous waste product. I I I I 2. EXTERIOR: Contractor shall make all preparations for collection of exterior spent abrasive and old coating in manner to assume product may contain hazardous levels of lead. All waste materials shall be collected daily. Spent abrasive shall be removed from the ground cover by methods of either vacuuming, shoveling or wheel barrows to remove all waste materials daily. I I 3. TEMPORARY WASTE COLLECTION SITE: The Contractor shall designate a temporary storage site on the tank site area to store waste. The waste products shall be stored in temporary containers such as drums, bins, or storage hoppers until all spent abrasive has been collected. The waste product should be stored in such method to assure the ground is not contaminated and there is no run off in event of rainy conditions. Placing spent abrasive in direct contact with the ground will not be allowed at any time. I I I I E. SAMPLING OF SPENT ABRASIVES: The Contractor shall collect a random sample of spent abrasive each day blasting is performed on the tank exterior. The sample shall be collected in a one (1) gallon sealed plastic bag and contain approximately three (3) pounds of spent blast ma ter ia 1. The sample sha 11 be lab~+ed on the exterior and shall indicate date in which sample was taken. The sample will be delivered to the Job Manager or Engineer and shall be stored until all cleaning operations are completed. I I I I~ TESTING. Once all samples have been collected. they shall be blended together in the presence of the Contractor, Engineer, and Job Manager. A composite sample of the blended samples shall be collected and submitted to a certified laboratory Eor 'roxicity Characteristic Leaching Procedure Testing (TCLP) At the Contractor's expense, the sample shall be submitted to a certified lab. Test results will be submitted to the Job Manager and Engineer.' The Contractor shall be responsible Eor the cost associated with the test and any delivery to the certified lab. This cost must be a part of the Contractor's base bid. The name of the certified lab must be submitted in the Contractor's Proposal. Only registered laboratories listed by the Georgia E.P.D. shall be used. I I I I TS-6 I REMOVAL OF EXTERIOR BLAST WASTE: If TCLP testing reveals that waste material is at levels which are non-hazardous (less than 5 ppm) , the Contractor shall remove all waste material from the temporary holding site and dispose of at local or regional landfill sites. All costs associated with this shall be included in the Contractor's base bid. TEMPORARY HAZARDOUS WASTE DECONTAMINATION CENTER: The Contractor shall furnish a temporary decontamination center'at the job site for all workers and Owner Representatives. This center shall be made available for any representatives the Owner requires during the job procedures. I G. I I 1. I I , . I , I l ' I I I I d. I I H. I HAZARDOUS WASTE: If TCLP test reveals waste is hazardous, the Contractor shall be responsible for the following: a. The Contractor shall recelve an E. P.A. identification number from the Engineer and Job Manager. The Owner will request the number from the Georgia E.P.O.-Hazardous Waste Management Branch upon receiving results of TCLP testing. b. The Contractor shall utilize licensed hazardous waste haulers to remove the waste from the site and deliver to a hazardous waste treatment facility. The Contractor and hazardous waste hauler shall be responsible for preparing a manifest and all submittals required to remove the waste product and deliver to acceptable waste facility. All records of collections, tonnage of materials, and manifest records must be submitted to the Job Manager. c. All costs associated with the removal and disposal of hazardous waste (including waste facility feel shall be the responsibility of the Contractor and shall be included in the Base Bid. The Contractor shall submit the name of the licensed hazardous waste hauler that is to be used for this project. Only Georgia E. P. D. registered Contractors will be acceptable. I 3.4 SURFACE CLEANING AND PREPARATION: INTERIOR: All interior surfaces shall be blast cleaned to SSPC 1110 "Near White" finish. Blast cleaning shall produce a 2 mil profile for all surfaces. A. I B. I EXTERIOR: All exterior surfaces shall be blast cleaned to SSPC 1110 "Near White" finish. Blast cleaning shall produce a 2 mil profile for all surfaces. c. BLAST MEDIA: adhesive additive Contractors shall use Blastox Brand in blast media to produce both surface I I TS-7 profile and degree of cleaning required. All blast media shall be free of any chemicals or compounds that would distort or interfere with testing of waste product. I D. CLEAN AND PRIME COAT: Atter blast-cleaning, all surfaces shall be thoroughly and completely cleaned of any residue, dust, or other contaminants be fore appl y i ng prime coat. Prime coat must be applied the same day that the surface is prepared and before any deterioration of the surface occurs. I I Before any paint or pr1mer 1S applied to the steel surfaces, steps shall be taken, either by circulation of air or by the application of heat, to dry the metal surfaces completely. The prime coat shall comply in every respect with "Section 4, PAINTING", of these specifica- tions. I I E _ PAINT MANUFACTURER REPRESENTATIVE: The Cont ractor sha 11 arrange at his own cost the presence of a representative of the Paint Manufacturer on the Job Site to inspect the surface preparation and paint application to Insure ~;conformance with Manufacturers' Specification. I I I 3.5 TANK REPAIRS: A. NEW VENT SCREENS: The Contractor shall furnish new vent screens for the upper roof vent.s in each tank. The screens shall be industrial grade screening and shall be secured as to become permanent. All welding, cutting,and replacement steel will be included as needed. This cost shall be included in the Contractor's base bid. I I B. GENERAL: In event major items of repair become necessary during job operations, the Contractor shall notify the Owner. The Owner shall examine any defective areas and make recommendations for repair procedures. If required, the Owner may request the Contractor to furnish In writing proposals to complete necessary repairs These repairs will not be included in the base bid. No repairs shall be performed without authorIzation from the Engineer. I I I c. AUTHORIZATION FOR REPAIRS: Upon receipt of the Contrac- tor's Extra Work Proposal for Repairs the Owner may I 1) Authorize the Contractor to proceed with repaIrs upon acceptance of this proposal or I 2 ) Authorize the Contractor to proceed with the re- pairs and supplement his welders with Owner paId welders, equipment, helpers, laborers, etc, or I 3 ) Arrange for the repairs to be done by others. Any auchorization to the writing within two weeks Proposal for Repairs. will be submItcal made In oft he I Contractor after his I TS-8 I t ' 1 I The Extra Work Proposal for Repai~s must specify a time in consecutive days for completion of the repair work. Any time above the specified time for completion of repair work is subject to liquidated damages as per paragraph 15 of the General Conditions. D. WELDING: Welding shall conform to the requirements of the American Welding Society. Weld areas shall be free of weld spatter and shall present a soft ripple appearance free of sharp creases, edges, pockets, or crevices. Crown height (weld reinforcement) of weld shall be 1/8" maximum. Welds not conforming in quality and appearance to the description above shall be suitably treated and corrected as required. I I 1 E. OTHER EXTRA WORK: Any extra work not covered by this section shall be submitted under a separate proposal as per Section 10 of the General Conditions. .1 3.6 DAMAGE TO TANK: The Contractor shall use care in his work not to injure the tank in any way. He shall use no hammer weighing more than three pounds on the tank. If, in the process of carrying out the work specified herein. any leaks develop which,' in the opinion of the owner were caused by negligence, lack of skill, or other act of omission on the part of the Contractor, such leaks shall be repaired by the contractor without additional remuneration; or if the owner so elects, by another person who will be employed and paid by the owner. If the latter case, it is expressly understood that the Contractor shall not claim, and the owner shall not be liable for cost resulting from any delays as a result of having the work so done. I I I I 3.7 FILL LINE SEAL: During all operations on the interior of the tanks, the Contractor shall properly plug both the fill lines and drain lines of the tanks to prevent build up of sand, mud, and sediment. Lines shall be plugged with line plugs or properly covered and sealed to allow no build up. I I 3.8 VENTILATION: During all interior work, the Contractor shall provide proper ventilation to remove fumes sufficiently to prevent the injury of any workmen and to eliminate the possibility of accumulation of volatile gases within the tank. During all job operations, workers are to be supplied with outside air supply. Both respirators and outside air supply shall be made available to the Engineer during inspections. I I 3.9 DAILY CLEAN-UP: It is the responsibility of the Contractor to remove all trash, spent containers, and waste associated with the job operations. Site conditions shall be clean and orderly. The Contractor shall 1n the presence of the Engineer and Job Manager reyiew the site and make any necessary corrections as directed by the Owner. I I I 3.10 PROTECTION OF ADJACENT PROPERTY: Property adjacent to the tanks and in the proximity of the tanks shall be protected from solid or liquid waste residue or particles during all activities performed by the Contractor under this contract. The Contractor shall be held responsible for any damages to adjacent or proximate property resulting from his activities. I I TS-9 3,11 CLEANLINESS: The Contractor and all workmen employed by him shall conduct all operations in a clean and sanitary manner. No nuisance of any kind shall be committed in the tank. The workmen shall either use proper waste receptacles or leave the tank whenever necessity arises. I I Nb one shall work in the tank if he has been under a physician's care or has needed a physician'S care within a seven (7) day period prior to entering or working in the tank. No person sha 11 be allowed to work in the tank who has an abnormal temperature or gives evidence of illness. The Owner shall reserve the right to have its own agent to judge the physical fitness or unfitness of any person to enter or work in said tank. No deviatioh from this requirement w1ll be permitted. I I I 3.12 WARRANTY: Upon acceptance by the Owner, the Contractor's work shall be warranted to remain free of defect for a period of one (1) year. During the year, the Contractor, at his own expense, shall provide all labor and materials needed to correct any defective work. Prior to the anniversary date, the Owner shall coordinate a date. and time to examine the project with the Contractor. Any repairs needed to correct defective work shall then be completed at no cost ~6'the Owner. I I 3,13 PAYMENT: I A. CLEANING AND SURFACE PREPARATION: No separate payment shall be made for cleaning and surface preparation and all cost in connection therewith shall be included in the lump sum price in the proposal for cleaning and painting the tank. I I 8. REMOVAL AND DISPOSAL OF WASTE: No separate payment shall be made for the removal of waste material, hazardous or non-hazardous, resulting from the cleaning operations. All cost therein shall be included in the lump sum pr1ce 1n the proposal for cleaning and painting of tank I I I I I I I I TS-IO I I TECHNICAL SPECIFICATIONS SECTION 4 I PAINTING I 4.1 SCOPE: The scope of work consists of preparing the surfaces as per Section 3 of these specifications and in furnishing all plant, labor, superintendence, equipment and mate~ials. and in performing all operat ions in connection wi th pa int ing the e leva ted tanks, complete in strict accordance with these specifications and subject to the terms and conditions of the contract. I I 4.2 CLEANING AND REPAIR: The tank shall be cleaned and repaired In accordance with Section 3: "Cleaninq and Repairs". I 4.3 PAINT SYSTEMS: The tank is to be painted in accordance with AWWA 0102, latest revision, as modi f ied below. All paints and coatings shall be applied in strict accordance with manufacturer's instructions. Each paint system shall be from a single manufac- turer. Paints must be the product of an established, well-known manufacturer, whose representative shall be available for consulta- tion and advice, if required, during the progress of the work. The paint manufacturer shall supply the Owner with a certificate that suff icient quantities of materials were purchased to coat the surfaces in accordance with their recommendations and these specifications. All Paint shall be applied bv brush or roller. No system will be considered that: I I I I 1- 2. 3. Reduces the total number of product coats. Reduces the total dry mil film thickness. Uses paints that are not NSF approved. I 4,4 PAINTING INSIDE WETTED SURFACES: Provide a two coat, two component catalyzed epoxy paint system in accordance with AWWA 0102-78 paint system I-I-W, paint 3 meeting performance criteria outlined herein. Interior paint systems must be certified by ANSI/NSF Standard 61. Primer coat shall be field applied at 4.0 mils dry film thickness. The final coat shall be field applied at 5.0 mils dry film thickness. Painting system shall have abrasion resistance in accordance with ASTM 04060 (CS-17 wheel, 1,000 grams load) with no more than 150 milligrams of loss after 1,000 cycles f or each coa t of the paint system. Paint system shall meet adhesion standards established by ASTM 04541 with 14 days curing time resulting in no less than 1,000 psi pull, based on an average of 3 tests. Paint system performance shall exhibit no blistering, cracking, delamination, or other loss of film integrity after a mi n imum of 4 yea rs exposure l n cont inuous emers ion in potabl e wa t e r . I I I I I 4.5 PAINTING OUTSIDE SURFACES: Provide a three coat system. The primer and intermediate coat shall be a two component catalyzed epoxy paint system. The primer coat shall be applied at 3.0 mils minimum dry film thickness. The intermediate coat shall be applied at 4.0 mils mlnlmum dry thickness. The paint system shall provide abrasion resistance in accordance with ASTM D4060 of no more than 150 milligrams lost after a 1,000 cycles per coat of the system. The primer and intermediate coat. shall exhibit adhesion in I I I TS-11 accordance with ASTM D4541 of no less than 1,000 psi pull, based on the average of 5 tests. The epoxy coats for primer and intermediate coat shall provide sufficient performance to typical environmental exposure with no blistering, cracking, or delamination of the film surface; no rust creepage at scrip and no rusting at edges should be noted within at least 4 years exposure. The epoxy paint system shall conform to hardness testing in accordance with ASTM 3363, passing the 3H standard. The final coat shall be a two component acrylic polyurethane high-gloss paint, applied at 2.0 mils dry film thickness. The final coat shall meet ASTM D4060 abrasion resistance testing with no more 90 milligrams of loss after 1,000 cycles. Adhesions shall conform to ASTM D4S4~ with no less than 1,000 psi pull. based on the average of 3 tests. The final coat of the exterior paint system shall be easy to clean with complete and easy removal of graffiti. The surface coat shall exhibit no blistering, cracking, rust or delamination of the film in a minimum 4 year exposure. 4.6 COLORS AND PRIMING: The Owner shall select a f i-nish color based upon manufacturer's color chart, and the intermediate and finish coats shall be contrasting color tints. Contractor shall be required to prime the surfaces on the same day as blast cleaning IS completed. Any surfaces not so coated shall be re-cleaned prior to any application of the primer. 4.7 PAINT HANDLING AND CHARACTERISTIC: Paint shall be delivered on the job in original containers marked with the name of the manufac- turer and the specification number of paint contained therein. The paint shall not show excessive settling in a freshly opened full can, and shall be easily redispersed with a paddle to a smooth, homogeneous state. The paint shall show no curdling or color separation; it shall be free from lumps and skins. The paint as received shall brush easily and possess good levelling properties. 4.8 APPLICATION OF PAINT: All painting will be performed ln a workmanlike manner, by experienced workmen, and in a manner recommended by the manufacturer of such materials. Sufficient time shall be allowed for each coat of paint to dry thoroughly before the following coat is applied. lnterior and Exterior paints shall be applied as indicated in paint schedule in strict compliance with manufacturer's specifications and/or schedule directions. Rods, frames, bolt heads, rails, conduits, joints, protrusions and other areas inaccessible or too narrow for appropriate and complying roller application on the exterior of the tank shall be brushed, taking care that a uniform and proper coating is applied to all these areas and irregularities for full coverage. Paint shall be applied only when air temperature IS above 40 degree F. No paint shall be applIed during wet or foggy weather, or upon damp surfaces or metal covered by frost. The temperature of the surface must be at least SOF above the dew point temperature before and during the paint application. 4.9 FILL LINE SEAL: During all operations on the interior of the tanks, the Contractor shall properly plug both the fill lines and drain lines of the tanks to prevent build up of sand, mud, and TS-12 I I I I I I I I I I I I I I I I I I I , . , :1 sediment.. Lines shall be plugged wit.h line plugs or properly covered and sealed t.o allow no build up_ 4.10 VENTILATION: During all interior work, the Contractor shall provide proper ventilation to remove fumes sufficiently t.o prevent the injury of any workmen and to eliminate the possibility of accumulat ion of volat i le gases wi thin the tank. During all job operations, workers are to be supplied with outside air supply. Both respirators and outside air supply shall be made available to the Owner's Job Manager during inspections. 1 1 I 4.11 DAILY CLEAN-UP: It is the responsibility of the Contractor to remove all trash, spent containers. and waste associated with the' job operations. Site conditions shall be clean and orderly. The Contractor shall in the presence' of the Engineer and Job Manager review the site and make any necessary corrections as directed by the Owner. I I 4.12 PROTECTION OF ADJACENT PROPERTY: Property adjacent to the tanks and in the proximity of the tanks shall be protected from solid or liquid waste residue or particles during all activities performed by the Contractor under this contract. The Contractor shall be held responsible for any damages to adjacent or proximate property resulting from his activities. I I 4.13 INSPECTION: I I I I I 1 1 1 c. I d I I a. The Cont.ract.or shall maintain at all times a Job Superin- tendent. to coordinate daily job procedures with the Owner's Job Manager. b. The Owner, prior to the start of the job, shall have a Job Manager to monitor job procedures and inspect all aspects of the work. During the project, the Contractor shall allow the Job Manager to inspect, examine, or test procedures and products as necessary to assure quality and compliance with all specifications. The Contractor shall, at all times, maintain the following equipment on site for tank inspection work: 1 . Sling Psychrometer 2. Surface Temperature Gauge 3. Wet Film Gauge 4 Dry Film Gauge (Calibrated With Test Plates) s. Holiday Detector - Low Voltage Such as Tinker and Rasor Model M-l The Contractor shall furnish all rigging and assistance to provide the O~ner's Inspector access to all surfaces of the tank to complete necessary testing. The Contractor's Superintendent shall furnish the Owner with a daily log of all activities. TS-13 4.14 DISINFECTION: After the Owner has made final inspection on a tank and deemed all work is complece on chac cank, the Concractor shall disinfecc che tank in che following manner. (AWWA C652-92, Method 2) I I a. The interior of the tank shall be pressure cleaned to remove all dust. dire, and loose material. A strong chlorine solution (minimum 200 ppm) shall be spray applied to all interior surfaces. The surfaces disin- fected shall remain in contact with the chlorine solution for thirty DO) minutes The tank shall be properly sealed and filled with water. I I b. The Owner shall test the water to determine water quality. In event the test results reveal unsatisfactory results, the Contractor shall repeat the process until test results are acceptable. I 4.15 LOGOS: The logo included on the following page-of these documents shall be painted on the upper outside of the two included water tanks. The logos shall be applied in a location and of satisfactory Slze to be visually seen from distant locations. Placement~bf logos on tanks shall be coordinated with the Owner. The Owner shall also select a logo color based upon manufacturer's color chart. The following logo shall be placed on opposite sides of both water tanks. I I I 4,16 FINAL CLEAN-UP: It is the responsibility of the Concractor to remove all trash, spent containers, and waste associated with the job operations. Site conditions shall be clean, orderly, and in original condition as prior to the start. The Contractor shall in the presence of the Job Manager review the site and make any necessary corrections as directed by the Owner. I I 4.17 WARRANTY: Upon acceptance by the Owner, the Contractor's work shall be warranted to remain free of defect for a period of one (1) year During the year. the Contractor. at his own expense, shall provide all labor and materials needed to correct any defective work. Prior to the anniversary date. the Job Manager shall coordinate a date and tlme to examlne the proJect with the Contractor Any repalrs needed to correct defective work shall then be completed at no cost to the Owner I I I 4.18 PAYMENT: Payment Eor all work covered by tillS section of the specifications shall be included in the applicable lump sum price in the Proposal. I I I I I TS-14 I . . ;1 I .1 .1 I .1 .1 I I .1 I I I I I I I I I LOGO 1996 CEO.'RGlA. TS-lS ~ - I I 1 , " I I I I I I 1 1 I I 8. I 9. I TECHNICAL SPECIFICATIONS SECTION 5 WATER STORAGE TANK MAINTENANCE PROGRAM 5.1 SCOPE: requirements Proposal) of has bid. This section of the Specifications describes the for the maintenance program (requested Eor 1n the subject newly painted tanks to which the ~idder 5.2 GENERAL: In general. all work shall be performed 1n accordance with the latest AWWA Specifications 0-102. 5.3 MAINTENANCE PROGRAM: The program shall be in a form of an annual contract in which the Augusta Richmond County Commis- sion/Council reserves the right to continue or cancel at any time. The program shall cover, but is not limited to, the following aspects of maintenance: 1. The program will include all cost associated with th~ total maintenance of the tank for the period of the program. 2. All cost associated with exterior surface preparation and ~ecoating, allowing the Owner final selection of color scheme. 3. All cost associated with interior cleaning and coating. 4. All cost of material associated with maintenance procedures. s. All cost for steel repairs or replacement on the interior and exterior. 6. All cost associated with preparing and installing logo or art work on the tank exterior. 7. All cost associated with the overall structural integrity of the tank, assuring constant water-tight conditions. All cost associated with the locking and securing of all accesses. This includes installation of a lad-gate on each tank ladder access. The tank will be inspected on an annual basis. Reports to be submitted to the Owner. 10. The tank shall require biennial washout/disinfect1on according to E.PO. rules and regulations. -I 11. All cost associated with handling emergency service. if any is required during the term of the program. 'I 12. Any additional cost associated with short and long-term maintenance to assure present conditions on interior and exterior surfaces are properly protected. and there is no appreciable steel deterioration. I I TS-16 The maintenance program will require the full responsibility of handling any maintenance problem, either scheduled or emergency, on the tank. 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PERRY, GA 31069 Phone 1912.1 987-0303 0 FAX {QUI 987-2991 0 Watts {8001 n3-3695 ~ RICHMOND COUNTY. GEORGIA WATER TANK INSPECTION REPORT 500,000 GAU..ON REV A lED PREPARED BY: JEFF GEORGE DECEAlBER1.1994 :r p- , r" II 1 11 I , .. , I -I RICHMOND COUNfY. GEORGIA INSPECTION REPORT f- :1 .1 INTRO.uuC"l'.LON : On November 17, 1994, Utility Service Company washed out and 'I [I inspected the 500,000 gallon el6Vated tank located at the intersection of Bobby Jones Expressway and U. S. Highway No.1. This is an eight [8] leg tank baving two [2] levels of struts. The tank is 116 feet in height to the bowl. The tank is fenced I in a residential area at the southwest corner of the intersecting I roads. The findings of this washout 3Dd inspection are enclosed I . I I wi th photographs. Paint samples were taken from both the interior and exterior coatings. The re~ort from Law and Company as to the total lead contents are Lncorporated in this report. 1 1 I I . ' I .:r J). L . " I 1 I I' I I EXTlli<IOR CGlilDITIONS: 1 The exterior of this tank is coated with an alkyd enamel which shows significant bleaching and rust on most surface r - I :Dlanes _ The exterior paint system tested to have 130 ,000 ppm of lead. This high lead content mandates that environmental as well I as OSHA guidelines be addressed in the renovation process. Scale I rust is present and causing the tank to flake on the structural areas as well as the sidewalls and dome. Welding and support I points are showing failures of protective coatings. The balcony area is retaining water causing the floor area to rust. Primer I and rust are basically all that is remaining on the balcony. The I finial vent on the tank has no screen to prevent entry by birds and insects. . I I I I 1 I I :X:P-3 , . I I 1 , ' I INrKRIOR CONDITIONS: 1 The interior of the tank was heavily coated with mud in the I bowl and sidewalls. Once cleaned away, a thorough inspection was made of the interior coatings. In the roof area, the 1 concentration of chlorine gas has caused the panels to flash rust uniformly. In the mid walls and lower sidewalls, very little I coating remains, That which does remain is delaminating in many I places and falling into the water, thus going out through the distribution lines, Significant rust and rust stain can be seen t. I in the walls. In the lower walls and bowl of the tank, remaining coating is blistering and delrlm;nrlting trom the steel, Very I quickly, you will see these blisters turn into rust which will 1 scale into the steel. The interior of the tank tested very low for lead. Due to I the low content, surface preparation would not be complicated from an environmental standpoint. I I I 1 1 I :rP-4 I 'I 1 I 1 I 1 I I I I I I I 1 I 1 1 I SUMMARY The condition of this tank is critical. The appearance 1S poor, and further delay in renovation will allow for rust to take away Lhe valuable steel. The interior of the tank is really Dot a hyoiene ~lace in which to store drinking water. The interior should be fully abrasive blast cleaned to'a SSPC tl0 "Near White" finish. Weld seams should be striped with an epoxy coating, and then a full two (2J coat epoxy system applied to all surface areas. The float and marker system should be repaired with new cables, pulleys, and float, The overflo...... line in the tank was stated to be leaking by representatives of Richmond CounLy Water System. The exact repairs to this line are not knoll1I1 at this time. Once surface areas are cleaned of scale rust, a more thorough inspection can be made of the overflow to determine if welding alone would repair the line. You do face a possibility of having to replace this overflow line. Repairs to this internal overflo~ are not a part of the cost offered to you for budget purposes. The exterior of the tank must be fully abrasive blast cleaned before any new paint medium can be expected to bond. Due to the high lead content in the remaining exterior coating, this tank must be draped and the blasting process contained to avoid ':r P - S" ~ 4 ~I I i contamination of the environment. The tank would be fully blasted using Blastox to render the tailings nonhazardous. I Recommendation is made that this tank be coated with a three (3) coat urethane system. This will allow for additional gloss to 1 this tank in this high visibility location. The Richmond County logo would be painted on the tank after recoating. I I I I I I 1 I I 1 I 1 1 I IP-~ il 11 il , - I , 'I :1 I 1 I I I I I I 1 I I I I' I LAW & COMPANY (!on.Qlfllinp Lrnd dnal~6Ca/ e,(e/~:~f.s 17tl3 MONTREAL CIRClE PHOttE, .O.-ll~'.a:lOO TUCKER. OJ. ~DOU "AX: 'O..nO.HOO Chemical Report 11/29/94 Number: 80667&-9 Received: 11123/94 5787] Mr. Carl Cummings Utility Services Co. Inc. P.O. Box #) 354 Perry GA 31069 Description: Paint Chip Samples for Tank, @Richmond Co, GA I 11/17/94 Bobby Jones / US I Sl'mple I D Ln boratorv I ~ ToW Lead (fb)(pom) Interior 806678 ..... .... '.... ....... '........ ....., ..... ......., .... ....,.,.' ...., <100 Exterior 806679 . .... ......... ....... ...... .......... ..,....,....., ,.........,..... 130,000 ...*. RespOctfuUy Submitted, LAw & COMPANY BY:~~ C ~ 5 5000eh Womplao &t'O ~ fot'. period ot'1hltIy 10 oiny <h~ "^'" 0CIalPlcc1o.. of~ ^II<< lh.at lima, sampla..,-o dll;poood of in Ln ~Ib- oound mon:x:r",,'- o(J-- .......,~ A<1l m.ulo by the diart. :r p- ., ! :1. i :1 UTILIT~ SE~UICE CO., inc. P.o. Box 1354 . PERRY, GA 31069 Phone 1912J 987-0303 0 FAX (9121 987-2991 0 Wetts 18001 223-3695 CITY OF AUGUSTA, GEORGIA TANK INSPECTION REPORT 1,000,000 GALLON - BELAIR ROAD TANK PREPARED BY: JEFF GEORGE FEBRUARY 20,1995 .:xp-8 'I r ,I -I I I 'I I GENERAL : I I On February 2, 1995, this water tank was washed out and inspected, Paint samples were submitted to Law and Company for analysis. This report provides a description of the conditions found with supporting photographs. Recommendations for renovation and cost estimates are provided. The renovations include containment of blast medium, waste testing, soil testing, air monitoring, dust collection, and disposal of residue. I I TANK DETAILS: 1 ,I I I 1 I CAPACITY: 1,000,000 INTERIOR COATING: VINYL DESIGN: ELEVATED EXTERIOR COATING: ALKYD ENAMEL CONSTRUCTION DATE: 1975 CONSTRUCTION STYLE: WELDED BUILDER: PITTSBURG-DES MOINES INTERIOR LEAD PRESENCE: 180 PPM INSPECTOR: ASHLEY BROOKS EXTERIOR LEAD PRESENCE: 24,000 PPM INSPECTION DATE: 2-2-95 TYPE INSPECTION SERVICE: WASHOUT I , . I :t"P- q I :1 ~I :1 TANK INTERIOR ROOF AND ABOVE HIGH WATER: .1 r - ;1 Rust can be observed in skip welds and seams, become shaded. The coating has :1 :1 UPPER AND MID WALL AREA: The walls show significant stain and coating failure. Flash and scale rust are present. Small barnacles are In lower wall weld 1 seams. 1 BOWL AND RISER: ,I Extensive blisters are present In the bowl, floor, and rlser. These blisters are exposing primer, and some failed areas show 1 , :1 barnacles and rust. Numerous large pits indicate the presence of electrolysis. 1 AREAS OF PRIMARY CONCERN: The interior system has completely failed. Steel loss lS evident in lower walls, bowl, and riser. The surface needs to be prepared and recoated. Full abrasive blast cleaning should be performed. A two [2] coat,high build epoxy should be applied. 'I I I :1 ,I :r P - \0 '1 I 1 .rANK EXTERIOR. ROOF OR DOME: 1 Flash rust is present on majority of roof. Remaining paint lS I thin, chalking, and "mud cracking." I SIDEWALLS: 1 Flash rust and paint failure extend down to balcony. Delamination reveals multiple layers of paint In some areas. I CATWALK FLOOR AND RAILING: I Complete failure of coating. Rust lS present on 75% of surfaces. 1 BOWL AND RISER: 1 Thin bleached coating. Some mildew lS present. I , I LEGS AND SUPPORT STRUCTIJRE: Some thin paint with subsurface flash rust on legs. I AREAS OF PRIMARY CONCERN: I Coating on roof is in complete failure. Mud-cracking and delamination dictate complete surface preparation for proper bond I of new coating. Presence of lead requires contaillment and I I . . 1 disposal. A two [2] coat epoxy and one [lJ coat urethane should be applied. ':I:P- ,\