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
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TECHNICAL SPECIFICATIONS
I FOR
CLEANING AND PAINTING
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GEORGETOWN and BELAIR ROAD
I ELEVATED WATER STORAGE TANKS
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I Prepared for:
I AUGUSTA RICHMOND COUNTY
COMMISSION
AUGUSTA, GEORGIA
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I Prepared by:
AUGUST A-RICHMOND UTILITIES DEPARTMENT
I 2760 PEACH ORCHARD ROAD
AUGUST A, GEORGIA 30906
I September 1996 \
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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
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IP-l to IP-11
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ADVERTISEMENT FOR BIDS
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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,
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PAINTING OF GEORGETOWN AND BELAIR ROAD TANKS
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will be received by
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AUGUSTA-RICHMOND COUNTY COMMISSION
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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.
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All work shall be in accordance with the Contract Documents of
the Augusta Richmond Utilities Engineer/Director, hereinafter
referred to as the Engineer.
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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:
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The r.w. Dodge Division Plan Room
Augusta, Georgia
CSRA Business League
Augusta, Georgia
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Copies may be obtained at the office of
Utilities upon payment of ($20.00) for each set.
Augusta Richmond
(Non-refundable)
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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".
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Bids shall be completed and submitted as described In the
Information for Bidders section of the Contract Documents,
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A Bid Guarantee, Performance Bond, and a Labor and Material
Payment Bond will be required.
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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,
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The Owner reserves the right to wa~ve any informalities in
bidding and to reject any or all bids,
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Lena J. Bonner
Clerk of Council
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Date:
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Advertised in Augusta Chronicle, September 27, 30 & October 1, 1996
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ADV - 2
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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
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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.
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08.
PROPOSAL GUARANTY
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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.
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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.
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09.
POWER OF ATTORNEY
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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
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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.
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TIME OF COMPLETION
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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".
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IFB-3
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12.
CONDITIONS OF WORK
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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.
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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.
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14.
REJECTION OF PROPOSALS
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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.
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QUANTITIES AND UNIT PRICES
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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
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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
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16.
LAWS AND REGULATIONS
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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.
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PROPOSAL
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The Augusta-Richmond County Commission
City-County Municipal Building
Augusta, Georgia 30911
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Gentlemen:
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The underslgn~d, as Bidder, herein referred to as singular and
masculine, declares as follows:
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1.
.The only parties interested ~n the proposal as principals are
. named .berein;
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2.
He has carefully examined and fully understands the Contract
Documents;
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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;
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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;
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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.
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(Note: .bidders must bid on both tanks)
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P-l
PROPOSAL FORM
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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
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Lump Sum Pr i ce if / " :2l000
for Georgetown Tank: $
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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.
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Containment (Drape) System
Lump Sum
$~~O€Jo_
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Cleaning, Repairs & Painting
Lump Sum
s / B7, .370
Logo application
Two (2) at s_30oo leach
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Fencing Repairs
S ----':2..01;1)_
/5"00
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Lump Sum Price
for Belair. Road Tank S
:1.51-,870 .
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LUMP SUM TOTAL OF ABOVE TANKS
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.p
, '1/ h; B7tJ . ~
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P-2
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SPECIAL NOTE:
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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.
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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
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The Bidder shall include, with his/her proposal, the following:
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(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.
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(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)
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(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.)
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'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 $200.00 for each consecutIve
calendar" day after the date' on which the project is scheduled for
r:'ompl er ion.
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The Bldder fucther certifies that he will not cla.lfll any additIonal
compensatIon should work under the Contract be Locally completed
prH:H lO Lhe t:ime specified as the scheduled date of completion
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The work ot performing the ,improvements to the subject tanks shall
be leI: under one Contract. All materials and equipment shall be
furnished and installed by the Contractor.
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The Bidder cercifies chac he fully underscands che interpretation
of "low, responsive, responsible Bidder", as defined herein, and
that each will be utilized in evaluating and awarding the Contract.
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The Bidder acknowledges receipt of the following addenda:
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The undersigned bidder understands and agrees that should the Owner
accept this proposal, the bidder will within Len (10) days from the
date of noc1fication of accepcance of his proposal, execute the
contract and furnish the Owner with satisfactory performance and
payment bond in the amount equal Co one hundred percent (100%) of
the total base bid sum. Enclosed herewith is a B1d Bond or
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S% ~) ~~d
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Certified Check 1n the amount of
Dollars ($
the total bid.
being not less than five percent (5%) of
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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
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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.
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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.
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l'he successful bidder shall have a current Business License
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The City/County is an Equal Opportunity Employer
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Name of Bidder
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Signature & Ticle of
Representac1ve
ff~-.. .
Authorized
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10. 3()~6r./~
Business Address
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R::~... 't-' r Ge 0'" q; '"
C .1 t Y a. ,-' C ace
~/tJ{,r
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Date:
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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~, ' ;'
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~~<-:':;~'~~~~I.~' ~'~'jt:...:...:, .)/
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Signed. sealed and delivered
June 25, 1996
(Date)
Contract 11 (6-941
Frank Shelton, Inc. tla
1.!~p~~y.. ?e.~:r~.C:~,....................,....
~'.[.:...,.~..,..............
(Seal)
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(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')
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BID B'?NI?
KNOW ALL MEN BY THESE PRESENTS, that we the undersigned
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as Principal and
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as Surety, are hereby held and firmly
bound unto the Augusta Richmond County Commission, Georgia,
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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.
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Signed, this
day of
19
The condition of the above obligation 1S such that whereas the
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Principal has submitted to the Augusta Richmond County
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Commission a certain bid, attached hereto and hereby made a part
hereof to enter lnto a contract In writing for the Cleaninq
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and Paintinq of Georqetown and Belair Road Water Tanks.
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NOW, THEREFORE,
(a) If said Bid shall be rejected or in the alternate,
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(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
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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
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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.
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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.
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(L. S. )
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Principal
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Surety
By:
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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.
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88-2
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6.
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7.
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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
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PERFORMANCE BOND
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KNOWN ALL MEN BY THESE PRESENTS; THAT
(Name of Contractor)
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(Address of Contractor)
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hereinafter called
a
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Principal, and
(Name of Surety)
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(Address of Surety)
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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
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penal sum of
dollars
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($ ) 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.
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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.
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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.
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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
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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
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ATTEST
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Princlpal
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(Principal) Secretary
{SEAL}
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BY
{ s}
Address
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(Witness as to Principal)
{Address}
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Surety
ATTEST:
Attorney-in-fact
(Surety) Secretary
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By
{SEAL}
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Address
Witness as to Surety
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Address
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NOTE: Date of Bond must
Contractor 15 Partnership,
not be prlor to date of Contract.
all partners should execute bond.
If
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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
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PFB-2
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::..
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
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PAYMENT BOND
KNOWN ALL MEN BY THESE PRESENTS:
t.hat.
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(Name of Contractor)
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(Address of Contractor)
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d hereinafter called Principal
(Corpora t ion, Partnership or I ndi v idua 1)
and
(Name of Surety)
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(Address of Surety)
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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
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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.
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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
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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.
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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.
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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
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ATTEST
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PrincIpal I
(Principal) Secretary
(SEAL)
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BY
( s)
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Address
(Witness as to Principal)
(Address)
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Surety
ATTEST:
By
Attorney-in-fact
(Surety) Secretary
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(SEAL)
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Address
Witness as to Surety
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Address
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NOTE: Date of Bond must
Contractor IS Partnership,
not be prIor to date of Contract.
all partners should execute bond.
I f
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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
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PYB-2
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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. ;~ :..'":"
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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~
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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'
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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
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Arrick
Number
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2
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3
<l
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5
6
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7
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8
9
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10
11
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12
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14
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15
16
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17
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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
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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.
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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).
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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.
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ENGINEER: The person. fmll or corporation n;uned
as sllch In the t\greernenl
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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
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C"nt'ro! f{i'l/lIlr"fTlr'II{'\". ScTl,ons of D,VISIOn I of the
Sr<X Ir'GI1 'OilS
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2
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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.
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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.
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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.
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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
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~: 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.
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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.
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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.
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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
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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.
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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.
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2.6.2. a preliminary schedule of Shop
Drawing submissions: and
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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.
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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.
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Preconsrruclion Conference:
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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.
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Finafuing Schedules:
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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.
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ARTICLE 3 CONTRACT DOCUMENTS:
INTENT. AMENDING. REUSE
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lnlenl:
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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.
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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.
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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
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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
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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.
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Physical CondiJions:
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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.
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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.
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4.2.3. Rr:o(Jrr (If Oiffrrinf! Corulirions' If
CONTRACTOR bei;eves that:
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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
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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.
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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.
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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.
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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.
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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.
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Physical CoruJilions-UndugrouruJ Facililies:
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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:
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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
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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.
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COnJractors Liability Insurana:
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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:
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5.).1. Claims under workers' or workmen's
compensation, disability benefits and other
sirrular employee benefits acts;
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5.).2. Claims for damages because of bodily
injury. occupational sickness or disease, or
death of CONTRACTOR's employees:
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5.3.3.
Claims for damages because of bodily
sickness or disease. or death of any
other than CONTRACTOR's
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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;
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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:
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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
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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.
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'Il,e 1I1SIIrallce re<jlllfeU by Ilus paragraph 5.). sh,,11
IlKlllde the specJic COVera!;es and be wrillen for nOI less
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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
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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.
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Owner's Liabilily Insurance
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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.
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Properry Insurance:
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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
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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
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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
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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.
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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.
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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.
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ParTial Uti/izaJion - Property Insuraf/a:
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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
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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_
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ARTICLE 6
RESPONSIBI UTI ES
CONTRACTOR'S
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Supervision and SupuinJendena:
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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.
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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.
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Labor, MaJerials and Equipmen1:
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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
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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
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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
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ENGINEER may req1l1re
CONTRACTOR to furnish at
CONTRACTOR's expense addilioJl.'\1
dal;, abour the proposed Subslitute.
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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.
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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.
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Concerning Subcon/raclors. Suppliers and O/hers:
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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
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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.
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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.
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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,
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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
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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
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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.
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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.
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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.
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R~cord DocumenlS:
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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
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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.
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Safety and Protection:
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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:
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6.20. I. all employ~ on lhe Work anJ olh~r
persons anJ organiz.arions who may be affecte..1
thereby;
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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<.!
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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.
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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.
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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
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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
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approval.
auenlion
CONTRACTOR shall direct specific
in wnlUlg to revisions other than Ihe
called for by ENGINEER on previous
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correctIons
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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
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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.
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COn/inuing the Work:
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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.
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IrulonnificaJion:
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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
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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.
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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.
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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.
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ARTICLE 7 - OTHER WORK
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RefaJed Work aJ Sil(.
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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
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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
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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.
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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
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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
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VISITS to SITE:
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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.
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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.
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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.
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A ulhoriud Varia/ions in Work:
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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
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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.
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Rejecting Defective Work:
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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.
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Shop Drawings, Change Orders and PaymenlS:
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9.7. In connection with ENGINEER's responsibilily
for Shop Drawings and samples. see pAragraphs 6.23
through 6.2& inclusive.
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9.&. In connection with ENGINEER's responsibililies
as 10 Change Orders. see Articles 10. 11 a.nJ 12.
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9.9. In connection wilh ENGINEER's responsibihllt:s
in respecl of ApplicaIions for Paymenl, etc.. se:e ArtICle:
14.
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DetuminaJions for UniJ PriceL
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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.
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Decisions on Disptlles:
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9.11. ENGINEER will be rhe: mitial inlerpreler of Ihe
req\lirements of the Contracl Documents aIld Judge of
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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
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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
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uncovering Work as provided in paragr"ph 13.9.
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10.4. OWNER and CONTRACTOR sha.ll execule
"ppropriate Chftnge Orders (or Written Amendments)
covering:
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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.
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10.4.2. changes LJ) Ihe Conlracl Pnce or
Contracl Time which are. agree<! 10 by the
parties: and
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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;
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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.
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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.
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ARTICLE II - CHANGE OF CONTRACT PRICE
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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.
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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
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~ 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.
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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:
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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)
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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).
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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).
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COSl of ("~ Work:
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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,
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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.
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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
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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.
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11.4.5.7. The cost of utilities. fuel and
sanilary facilities at the sileo
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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.
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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
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11.5. The teml Cost of Ule Work shall not Ulclllde any
of the following:
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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
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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.
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11.5.2. Expenses of CONTRACTOR's
principal and branch offices other than
CONTRACTOR's office at the site.
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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.
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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).
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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.
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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.
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CONTRA CTOR '5 Fu:
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11.6. TIle CONTRACTOR's Fee allowed 10
CONTRACTOR for overhead and profir shall h<:
delennined a.s follows:
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11.6.1. a murually acceplable f,xed fee: or If
none can be a!;ree(1 upon.
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11.6.2. ~ fe.:: base<.! on Ihe tollowin!;
percenla!;e.' of Ihe vilno"s porllOIlS of Ihe COSI
of the Work:
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11.6.2. I.
for COSIS incurr~1 under
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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
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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
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the parties are unable to agree as to the amollnt
of any such mcrease.
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ARTICLE 12 - CHANGE Of CONTRACT TfM}~
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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.
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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.
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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.
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ARTICLE 13 - WARRANTY AND GUARANTEE:
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TESTS AND INSPECT10NS:
CORRECTION, REMOVAL OR
ACCEPTANCE OF OEFECTIVE
WORK
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Warran/)' and GuaranJu:
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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.
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Accen to Work:
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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.
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Tests and Inspections:
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13.). CONTRACTOR shAll give ENGINEER tunely
nor ice of readiness of the Work for all required
inspections, tests or Approvals.
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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).
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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
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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.
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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
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If so provided in the Specifications or by Wrillen
AmeodmenL
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Acceptance of Defective Work:
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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
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OWNER May Corrt:ct Dt:fective Work:
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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
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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.
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ARTICLE 14 - PAYMENTS TO CONTRACTOR
AND COMPLETION
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Schedule of Values:
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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
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ApplicaJion for Progren PaymenJ:
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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
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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
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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
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musI give CONTRACTOR lmmediate written notice
(wilh a copy to ENGINEER) staling Ihe reasons for
such action.
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SubstanJial Completion:
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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
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CONTRACTOR until ftna.l paymenr.
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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.
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Partial U,ilizaJion:
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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:
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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.
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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
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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.
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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.
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Corurac/or's COnJinuing Obligwion:
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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)
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Waiver of Claims:
14 16. The maKIng ;\IId accel){iIIlCe of fmilll'ilynH:rll
wdl cOltSl;lute:
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14.16.1. a W:l,Vcr of all c1auTl5 by OWNER
agilin~t CONTRACTOR, except c1i1lll1S ariSing
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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
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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
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ARTICLE 15 - SUSPENSION OF WORK AND
TERMlNA nON
Owner May SUJp~n.d Work:
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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
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OWNER May TUl1/inaJe.
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15.2. UfX>n Ihe OCCllrrence of allY one or n,ore of Ih"
follo""lng evenlS:
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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:
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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
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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
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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.
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,\I1TICLE 11; - 1\IWITI1ATION
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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.
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ARTICLE 17 - IvnSCELLt\NT.OUS
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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
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CUllljlllW/ioll of Tillie:
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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.
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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.
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General:
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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.
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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.
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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
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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
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TECHNICAL SPECIFICATIONS
SECTION 1
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SCOPE OF WORK
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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.
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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.
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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.
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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.
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1.5 SCOPE OF WORK - GEORGETOWN TANK
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500,000 Gallon Elevated Tank
Built in 1970 by: Taylor Iron Works
Macon, Georgia
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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.
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Known items to be addressed:
(1)
Concrete Valve Pit to be cleaned and painted as per
specifications in Section 2.
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(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.
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(3)
Conduit lS loose at top of tank and needs reattaching.
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(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.
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(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.
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(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.
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1.6 BELAIR ROAD TANK
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1,000,000 Gallon Elevated Tank
Built in 1975 by: Pittsburg-Des Moines
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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.
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Known items to be addressed:
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(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.
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TECHNICAL SPECIFICATIONS
SECTION 2
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MISCELLANEOUS
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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
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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.
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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.
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The Contractor shall replace any lights. lenses, WIrIng, etc. which
he may damage at his own expense.
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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.
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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.
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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.
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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.
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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.
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All rust, scale, sediment or dirt collected inside the pit shall be
entirely removed Erom the pit.
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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.
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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
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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AUTHORIZATION FOR REPAIRS: Upon receipt of the Contrac-
tor's Extra Work Proposal for Repairs the Owner may
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1) Authorize the Contractor to proceed with repaIrs
upon acceptance of this proposal or
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Authorize the Contractor to proceed with the re-
pairs and supplement his welders with Owner paId
welders, equipment, helpers, laborers, etc, or
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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
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after his
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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3,13 PAYMENT:
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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.
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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
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TECHNICAL SPECIFICATIONS
SECTION 4
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PAINTING
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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.
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4.2 CLEANING AND REPAIR: The tank shall be cleaned and repaired In
accordance with Section 3: "Cleaninq and Repairs".
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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:
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Reduces the total number of product coats.
Reduces the total dry mil film thickness.
Uses paints that are not NSF approved.
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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 .
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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
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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
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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.
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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.
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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.
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4.13 INSPECTION:
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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)
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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.
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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.
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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.
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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.
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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
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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.
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LOGO
1996
CEO.'RGlA.
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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.
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11. All cost associated with handling emergency service. if any is
required during the term of the program.
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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.
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TS-16
The maintenance program will require the full responsibility of
handling any maintenance problem, either scheduled or emergency, on
the tank. The work shall be limited to the tank from the concrete
pier and above. Connecting pipe and valve work associated with the
tank will not be included.
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UTILIT~ SEAUICE CO., inc.
P.O. Box 1354 . PERRY, GA 31069
Phone 1912.1 987-0303 0 FAX {QUI 987-2991 0 Watts {8001 n3-3695
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RICHMOND COUNTY. GEORGIA
WATER TANK INSPECTION REPORT
500,000 GAU..ON REV A lED
PREPARED BY: JEFF GEORGE
DECEAlBER1.1994
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RICHMOND COUNfY. GEORGIA
INSPECTION REPORT
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INTRO.uuC"l'.LON :
On November 17, 1994, Utility Service Company washed out and
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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
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in a residential area at the southwest corner of the intersecting
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roads.
The findings of this washout 3Dd inspection are enclosed
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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.
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EXTlli<IOR CGlilDITIONS:
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The exterior of this tank is coated with an alkyd enamel
which shows significant bleaching and rust on most surface
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:Dlanes _ The exterior paint system tested to have 130 ,000 ppm of
lead. This high lead content mandates that environmental as well
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as OSHA guidelines be addressed in the renovation process. Scale
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rust is present and causing the tank to flake on the structural
areas as well as the sidewalls and dome. Welding and support
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points are showing failures of protective coatings. The balcony
area is retaining water causing the floor area to rust. Primer
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and rust are basically all that is remaining on the balcony. The
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finial vent on the tank has no screen to prevent entry by birds
and insects.
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INrKRIOR CONDITIONS:
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The interior of the tank was heavily coated with mud in the
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bowl and sidewalls. Once cleaned away, a thorough inspection was
made of the interior coatings. In the roof area, the
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concentration of chlorine gas has caused the panels to flash rust
uniformly. In the mid walls and lower sidewalls, very little
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coating remains, That which does remain is delaminating in many
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places and falling into the water, thus going out through the
distribution lines, Significant rust and rust stain can be seen
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in the walls. In the lower walls and bowl of the tank, remaining
coating is blistering and delrlm;nrlting trom the steel, Very
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quickly, you will see these blisters turn into rust which will
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scale into the steel.
The interior of the tank tested very low for lead. Due to
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the low content, surface preparation would not be complicated
from an environmental standpoint.
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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
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contamination of the environment. The tank would be fully
blasted using Blastox to render the tailings nonhazardous.
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Recommendation is made that this tank be coated with a three (3)
coat urethane system. This will allow for additional gloss to
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this tank in this high visibility location. The Richmond County
logo would be painted on the tank after recoating.
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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.
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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
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GENERAL :
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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.
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TANK DETAILS:
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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
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TANK INTERIOR
ROOF AND ABOVE HIGH WATER:
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Rust can be observed in skip welds and seams,
become shaded.
The coating has
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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
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seams.
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BOWL AND RISER:
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Extensive blisters are present In the bowl, floor, and rlser.
These blisters are exposing primer, and some failed areas show
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barnacles and rust.
Numerous large pits indicate the presence of
electrolysis.
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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.
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.rANK EXTERIOR.
ROOF OR DOME:
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Flash rust is present on majority of roof.
Remaining paint lS
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thin, chalking, and "mud cracking."
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SIDEWALLS:
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Flash rust and paint failure extend down to balcony.
Delamination reveals multiple layers of paint In some areas.
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CATWALK FLOOR AND RAILING:
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Complete failure of coating.
Rust lS present on 75% of surfaces.
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BOWL AND RISER:
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Thin bleached coating.
Some mildew lS present.
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LEGS AND SUPPORT STRUCTIJRE:
Some thin paint with subsurface flash rust on legs.
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AREAS OF PRIMARY CONCERN:
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Coating on roof is in complete failure.
Mud-cracking and
delamination dictate complete surface preparation for proper bond
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of new coating.
Presence of lead requires contaillment and
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disposal. A two [2] coat epoxy and one [lJ coat urethane should
be applied.
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