HomeMy WebLinkAboutGroundwater Treatment Plant #1 Lime Silo Demolition/Liquid Lime System Installation
Augusta Richmond GA
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FILE NUMBER: \LM6l
NUMBER OF PAGES:
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CONTRACT DOCUtvlENTS AND SPECIFICATIONS
FOR
Groundwater Treatment Plant #1 Lime Silo Demolition/Liquid Lime System
Installation
Augusta, Georgia
Prepared for
Augusta-Richmond County Commission
Ma.x I -licks
Director, Augusta Utilities D~?arlmei1t
Augusta Utilities Department
360 Bav Street
.I
Suite 180
Augusta, Georgia
[vIa rch 1 0, 2003
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CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
Groundwater Treatment Plant #1 Lime Silo DemolitionfLiquid Lime System
Installation
Augusta, Georgia
Augusta-Richmond County Commission
The Honorable Bob Young
Mayor
Lee Beard
Tommy Boyles
Ulmer Bridges
Richard Colclough
Bobby Hankerson
William B. Kuhlke
William H, Mays, III
Stephen Shepard
Marion Williams
And y Cheek
Max Hicks
Director, Augusta Utilities Department
Augusta Utilities Department
360 Bay Street
Suite 180
Augusta, Georgia
March 10,2003
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SECTION
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owe
TABLE OF CONTENTS
TITLE
# OF PAGES
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52
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Instructions to Bidders
Proposal
Bid Bond
Agreement
Notice of Award
Notice to Proceed
Change Order
Performance and Payment Bonds
General Conditions
Supplemental General Conditions
Index to Special Conditions
Special Conditions
Index to Technical Specifications
Technical Specifications
Index to Ora wings
Drawings
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INVITATION TO BID
Sealed Bids will be received in this office until 3:00 p.m., Tuesday, May 20,2003:
BID ITEM #03-078 Groundwater Treatment Plant #1 Lime Silo Demo1ition/Liquid Lime System Installation
for Augusta GA Utilities.
The City of Augusta Commission hereinafter referred to as the OWNER at the offices of will receive bids at:
Geri A. Sams
Augusta, Georgia Purchasing Department
530 Greene Street - Room 605
Augusta, Georgia 30911
At the time and place noted above the bids will be publicly opened and read.
BIDdocuments may be obtained at the office of The City of Augusta Purchasing Department, 530 Greene Street - Room 605,
Augusta, GA 30911. Copies maybe obtained upon payment of $25.00 (non-refundable). Documents may be examined by
appointment only during regular business hours at the offices of City of Augusta Purchasing Department, Augusta, Georgia
Public Works Augusta Dodge Plan Room, and Augusta Builder's Exchange.
A MANDATORY Pre-BIDConference will be held on Tuesday, May 6,2003 @ 3:00 p.rn. in Room 605 of the Purchasing Department.
All questions must be submitted in writing to the office of the Purchasing Department by fax at 706-821-2811 or by mail.
No bid will be accepted by fax, all must be received by mail or hand delivered.
No BIDmay be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is
required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% performance bond
and a 100% payment bond will be required for award. No BIDwill be accepted by fax, all must be received by mail or
hand delivered. No BIDwill be accepted by fax, all must be received by mail or hand delivered.
It is the wish of the Owner that minority businesses are given the opportunity to bid on the various parts of the work. This
desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The
Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for
business growth and development.
The Owners reserves the right to reject any or all bids and to waive technicalities and infonnalities. Please mark Bid Item
number and Project Name on the outside of the envelope.
Any objections to the specifications as set forth should be filed in writing prior to bid opening.
YOU MUST SUBMIT A MARKED ORIGINAL AND TWO MARKED COPIES
Augusta has a Link Deposit program designed to provide loans to eligible local Small, Minority and Women
Owned Businesses. For more information please contact the Human Resources Department at 706-821-2303.
GERI A. SAMS, Purchasing Director
Publish:
Augusta Chronicle
Augusta Focus
April 3, 17,24 & May 1,2003
April 17,2003
cc:
Walter Hornsby
Brenda Byrd-Pelaez
Max Hicks
-Augusta, Georgia Equal Opportunity
Augusta, Georgia Human Resources
Augusta, Georgia Utilities
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SEALED BIDS SELECTION METHOD.
A method for submitting a bid to perfonn work on a proposed contract. In general, each
party interested submits a bid in a sealed envelope, and all such bids are opened at the
same time and the most favorable responsible bid is accepted.
Conditions for use. All contracts of Augusta-Richmond County shall be awarded by
competitive sealed bidding except as otherwise provided elsewhere in this article (see ~
1-10-45 - Sealed Proposals; 1-10-46 - Professional Services; 1-10-47 - Quotations; I-
10-49 - Sole Source Procurement; and 1-10-50 - Emergency Procurements, of this
chapter).
Invitation for bids and specifications. An invitation for bids shall be issued by the
Purchasing Office and shall include specifications prepared in accordance with Article 4
(Product Specifications), and all contractual terms and conditions, applicable to the
procurement.
Pre-bid conference and addendum. A conference to be conducted by the Purchasing
Director and using agency head, if appropriate, hearing will be scheduled at least five
(5) working days before receipt of bids. While the pre-bid conference is not a
requirement, it is strongly recommended and widely used to further acquaint interested
bidders with the bid requirements and items to be purchased and vendor input. Any
substantive changes to specifications resulting from the pre-bid conference or other
vendor/contractor sessions shall be documented in an addendum and communicated to
all bidders registered for the procurement action.
Bid opening. Sealed Bids shall be opened publicly in the presence of one or more
witnesses at the time and place designated in the public notice and invitation for bids.
The amount of each bid, and such other relevant information as the Purchasing Director
deems appropriate, together with the name of each bidder shall be recorded; the record
and each bid shall be open to public inspection in accordance with S 1-10-5 (Public
Access to Procurement Information).
Bid acceptance and bid evaluation. Provided that the bids are delivered to the
Purchasing Director at the time, place, and under the conditions contained in the
Invitation for Bids, the bids shall be conditionally accepted without alteration or
correction pending evaluation. Bids shall be evaluated based on the requirements set
forth in the invitation for bids, which may include bidder responsiveness, capability and
past performance, and criteria to determine acceptability such as inspection, testing,
quality workmanship, delivery, and suitability for a particular purpose. Those criteria
that will affect the bid price and be considered in evaluation for award shall be objective
and clearly measurable, including but not limited to discounts, transportation costs, and
total or life cycle costs. The main advantage of using life-cycle costing is that both
initial costs and related costs for the life of the item are considered. When the criterion
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for awarding the contract is based on lowest responsive bidder, it may mean that the
contract specifications are just minimally complied with. Selecting of the lowest bidder
could result in a higher incidence of maintenance, and down-time could eat up any
savings made if the purchasing process considers only the initial cost. Under no
circumstance will any bid be accepted by fax or email. All bids must be labeled and
received in the Purchasing office by the due date and time. There will be no exceptions
made for any late. lost by the post office or express carrier. or misdirected submittals.
All bidders must submit a copy of the companies' business licenses.
BACKGROUND INFORMATION ON VENDORS.
The Department Head and/or the Administrator is directed to provide the bid amount as
submitted, information concerning the vendor's previous performance, the service and
quality of the products offered, the availability of the goods and services when needed,
adherence to delivery schedules, and other criteria pertinent to that particular item, on
vendors who have submitted bids, proposals, or contracts for the Commission's
consideration. The information is to be included in the backup documents for the
Commission's consideration in awarding the contract.
INSPECTION OF PURCHASES.
The purchasing agent in conjunction with the using agency or department head shall
inspect, or supervise the inspection of, all deliveries of materials, supplies or contractual
services to determine their conformance with the specifications set forth in the pertinent
purchase order or contract. The purchasing agent may require chemical and physical
tests of samples submitted with bids and samples of deliveries, which examinations are
necessary to determine quality of the samples and conformance with specifications.
Letting the contract. The contract shall be awarded or let in accordance with procedures
set forth herein. Award shall occur with reasonable promptness by appropriate written
notice to the lowest responsible and responsive bidder whose bid meets the
requirements and criteria set forth in the invitation for bids.
In addition to price and other material factors, the Purchasing Director, in consultation
with the using agency, shall consider the following in the context of award
recommendati ons:
(1) The ability, capacity, and skill of the bidder to perform, the contract or provide the
services required,
(2) The capability of the bidder to perform the contract or provide the service promptly,
or within the time specified, without delay or interference,
(3) The character, integrity, reputation, judgment, experience, and efficiency of the
bidder,
(4) The quality of perfonnance on previous contracts,
(5) The previous and existing compliance by the bidder with laws and ordinances
relating to the contract or services,
(6) The sufficiency of the financial resources of the bidder relating to his ability to
perform the contract,
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(7) The quality, availability, and adaptability of the supplies or services to the particular
use required, and
(8) The number and scope of conditions attached to the bid by the bidder.
Award to other than low bidder. When the award is not given to the lowest bidder, a
full and complete statement of the reasons for placing the purchase order or other
contract elsewhere shall be prepared and signed by the Purchasing Director and/or
Administrator and made part of the record file for audit proposes.
Uniform Bid. All bid items must be made in the United States of America.
EMPLOYEE CONFLICT OF INTEREST:
It shall be unethical for any City of Augusta business or participant directly or indirectly
in a procurement contract when the employee or official knows that:
(a) the employee or official or any member of the employee's or official's
immediate family has a substantial interest or financial interest pertaining
to the procurement contract, except that the purchase of goods and services
from businesses which a member of the Commission or other City of
Augusta employee has a financial interest is authorized as per a.c.G.A. 36-
1-14, or the procurement contract is awarded pursuant to a.C.G.A. 45-10-
22 and 45-10-24, or the transaction is excepted from said restrictions by
a.c.G.A.45-10-25;
(b) Any other person, business, or organization with whom the employee or
official of any member of an employee's or officials immediate family is
negotiating or has an arrangement concerning prospective employment is
involved in the procurement contract.
Any employee or official or any member of an employee's or official
immediate family who holds a substantial interest or financial interest in a
disclosed blind trust shall not be deemed to have a conflict of interest with
regard to matters pertaining to that substantial interest or financial interest.
USE OF CONFIDENTIAL INFORMATION 1-10-15
It shall be unethical for any Augusta, GA County employee or official to knowingly use
confidential information for actual or anticipated personal gain, or for the actual or
anticipated gain for any other person.
Name:
Date:
Title:
Company:
THIS SHEET IS REQUIRED TO BE IN SUBMITTAL.
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SECTION IB
INSTRUCTION TO BIDDERS
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IB-01 GENERAL
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All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal must
be filed with the OWNER on or before the time stated in the invitation for bids. Mailed proposals will
be treated in every respect as though filed in person and will be subject to the same requirements.
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Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated
any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn
for a period of sixty (60) days after bids have been opened, pending the execution of contract with the
successful bidder.
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IB-02 EXAMINA nON OF WORK
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Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work; the
conformation of the ground; the character, quality and quantity of the facilities needed preliminary to
and during the prosecution of the work; the general and local conditions; and all other matters which
can in any way affect the work or the cost thereof under the contract. No oral agreement or
conversation with any officer, agent, or employee of the OWNER, either before or after the execution
of the contract, shall affect or modify any of the terms or obligations therein.
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IB-03 ADDENDA AND INTERPRET A TIONS
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No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to
any bidder orally.
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Every request for such interpretation should be in writing addressed to the Geri A,
Sams, Director of Purchasing; Purchasing Department; Room 605; 530 Greene Street; Augusta, GA
30911 and to be given consideration must be received at least ten days prior to the date fixed for the
opening of bids. Any and all such interpretations and any supplemental instructions will be in the
form of written addenda to the specifications which, if issued, will be sent by facsimile or U.S. mail
to all prospective bidders (at the respective addresses furnished for such purposes), not later than five
days prior to the date fixed for the opening of bids, Failure of any bidder to receive any such
addendum or interpretation shall not relieve such bidder from any obligation under his bid as
submitted. All addenda so issued shall become part of the Contract Documents.
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IB-04 PREPARATION OF BIDS
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Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made on bid forms should be initialed by the person signing
the bid.
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Bidders must quote on all items appearing on the bid forms, unless specific directions in the
advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote
on all items may clisqualify the bid. When quotations on all items are not required, bidders shall insert
the words "no bid" where appropriate.
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Alternative bids will not be considered unless specifically called for,
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Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if
submitted by telegraph prior to the time fixed in the Invitation for Bids, rvfodifications shall be
submitted as such, and shall not reveal the total amount of either the original or revised bids.
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Bids by wholly owned proprietorships or parb1erships will be signed by all OWNERs. Bids of
corporations will be signed by an officer of the firm and his signature attested by the secretary thereof
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who will affix the corporate seal to the proposal.
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NOTE: A 10% Bid Bond is required in all cases,
18-05 BASIS OF AWARD
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The bids will be compared on the basis of unit prices, as extended, which will include and cover the
furnishing of all material and the performance of all labor requisite or proper, and completing of aU
the work called for under the accompanying contract, and in the manner set forth and described in the
specifications.
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Where estimated quantities are included in certain items of the proposal, they are for the purpose of
comparing bids, While they are believed to be close approximations, they are not guaranteed. It is the
responsibility of the CONTRACTOR to check all items of construction. In case of error in extension
of prices in a proposal, unit bid prices shall govern.
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IB-06 BIDDER'S QUALIFICATIONS
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No proposal will be received from any bidder unless he can present satisfactory evidence that he is
skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all
obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a
separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable
information as to working capital available, plant equipment, and his experience and general
qualifications. The OWNER may make such investigations as are deemed necessary to determine the
ability of the bidder to perform the work and the bidder shall furnish to rum all such additional
information and data for this purpose as may be requested. The OWNER reserves the right to reject
any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the OWNER that
such bidder is properly qualified to carry out the obligations of the contract and to complete the work
contemplated therein. Part of the evidence required above shall consist of a list of the names and
addresses of not less than five (5) firms or corporations for which the bidder has done similar work,
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IB-07 PERFORMANCE BOND
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At the time of entering into the contract, the CONTRACTOR shall give bond to the OWNER for the
use of the OWNER and all persons doing work or furnishing skill, tools, machinery or materials under
or for the purpose of such contract, conditional for the payment as they become due, of all just claims
for such work, tools, machinery, skill and terms, for saving the OWNER harmless from all cost and
charges that may accrue on account of the doing of the work specified, and for compliance with the
laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the OWNER
and authorized by law to do business in the State of Georgia.
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Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated
copy of the power of attorney.
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IB-08 REJECTION OF BIDS
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These proposals are asked for in good faith, and awards will be made as soon as practicable, provided
satisfactory bids are received. The right is reserved, however to waive any informalities in bidding,
to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is
deemed to be in the best interest of the OWNER.
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IB-09 PROGRAM MANAGER
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CH2M HILL is the Program Manager for the project described herein; address is 360 Bay Street, Suite
100, Augusta, GA 30901
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IB-IO MINORITY AND ECONOMIC ALL Y DISADV ANT AGED BUSINESS SUPPORT
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It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified
minority and economically disadvantaged businesses in the contracted work of County Government.
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In an effort to support this intention, this project is offered to all qualified firms. The bids will be
evaluated based on qualifications, price and construction time. With all other items being considered
equal, the contract, if awarded, will be awarded to a minority and economically disadvantaged firm
or a firm that has included such firms as subCONTRACTORs on this project.
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The bidders shall include with their bid a statement of qualification for themselves
and/ or any qualified subCONTRACTORs explainllg why they should be considered a minority or
economically disadvantaged firm. If the firm does not fall into this category, no information is
necessary.
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gDPy
SSCTION P
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PROPOSAL
DATE:Ma..y-.,l1,_~.j)03
Gentlemen:
In compliAnce with yuu invitatioll for billa, the undcrlligned hereby proposea to fUrnish all labor, equipment and
materials, and pert.nm Mll work fur the project merred to herein u:
OfOllndHl.u, 1i6Wlfml flllIJI U '111ft .sUfi O""tUilio'!lLitJllid Lilll<< Sv$iuc IllfittUWlrlll
In strict llCC01dance with the Contract Documo~lnd in cOl1aidoration of tho amounts 3hown on the bid schedule attached
hereto and totaling: tDrcI t '/..eepfio /15 fl ot<ld
Dn~ hlM)dred 5LVenty-StVen -ihoU5andl5eVifJ hW1dreJ -{lftp)lri~
and 0 ilOO doll4rs Ll rJ 1 L 1$~LQQJ.
The undersigned hereby ~l:JTOes that, upon wrinon llCecptance ormis bid, he will within 10 dllys ofre~ipt of such
notice execute I format ~ODtract agreement with the Owner, and that he will provide the bond or auarantees required by
the contract documents,
The lItidtl1Jantd hereby agrees that, if Qwatded the eOnlrallt. bu will cnmmence the work within Ten (10) calendar
dlys after tM date ofwrJucn IlOtic.e to proceed, and that he will compete the work within One Hundred and Eighty (180)
calendar days after the date of such notice.
The undaraigneclaoJenowtedQe.s r~oipt of the followJng addenda;
Addendwn No. Addendum Date
~ ~
Enclosed is a bid guarantee consisting of
~---11, 1,., 10 ~ Q9
CCl)b..l.,~r5 Chw/6
in the amount of
RCllpcCtf'ully Submitted,
-~.:5W, ::?nc. 0 f :5olA;:tb~ &rof, fJ{l;
Firm
.La. t3oX- 61711 S parfo-nburj I~C
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BID SCHEDULE
TOACCOMPANYTHEPRO~ALOF
BIDDER: If,pLO, D1t. of- 5ou..ih &Axol/(u:(;
ADO!{2$: f. 0 . 130'/.- 51 7 I
~cu-hnbu!J' j C :2 Cj3U'-/
ITEM NO. DE&aJIP'UON I Quamity I llAit
L Temporary Uquid Lime Unit Cost AMOUNT
5vstem 1I'1lt"nation 1 LS
2- lime Sllo Demolition oUld .3000, 00
1 LS
Removal I
3. New Uqukl Lime System i ;1.3,51/, 00
Installation 1 l.S1
I 1'5 i J g- R, DO
,
:
Grand Total $ 111/ 15Q, DO
A-boVe.- prlU5 do !JOr I~clude, {(Yl"/ ecpp(/CA.6Ie.
S fz;dt 0 y 10 L(J....I :5 tel e3> fa.X. e 5 I
P-2
TOTAL P. 09
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SECTION BB
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the
as Principal,
and as Surety,
are hereby held and firmly bound unto the Augusta-Richmond County Commission of Augusta,
Georgia as Owner in the penal sum of
for the payment of which, well and truly to be made, we hereby
jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.
Signed this
day of
,20_
The condition of the above obligation is such that whereas the Principal has submitted to the
Augusta-Richmond County Commission of Augusta, Georgia, a certain Bid, attached hereto and
hereby made a part hereof to enter into a contract in writing for the Groundwater Treatment Plant
#1 Lime Silo Demolition/Liquid Lime Installation, for Augusta, Georgia in accordance with plans
and specifications of the Augusta Utilities Department.
NOW, THEREFORE,
(a)
If said Bid shall be rejected, or in the alternate,
(b)
If said Bid shall be accepted and the Principal shall execute and deliver a contract in
the Form of Contract attached hereto (properly completed in accordance with said
Bid) and shall furnish a bond for his faithful performance of said contract, and for
the payment of all persons performing labor or furnishing materials in connection
therewith, and shall in all other respects perform the agreement created by the
acceptance of said Bid, then this obligation shall be void, othenvise the same shall
remain in force and effect; it being expressly understood and agreed that the liability
of the Surety for any and all claims hereunder shall, in no event, exceed the penal
amount of this obligation as herein stated.
BB-1
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The Surety, for value receive, hereby stipulates and agrees that the obligations of said Surety
and its bond shall be in no way impaired or affected by any extension of the time within which
the Owner may accept such Bid; and said Surety does hereby waive notice of any such
extension,
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and
seals, and such of them as are corporations have caused their corporate seals to be hereto
affixed and these presents to be signed by their proper officers, the day and year first set
forth above.
Signed and sealed this
day of
A. D. 20_
Witness
(Seal)
(Princi pal)
Attest
By
(Seal)
(Title)
Witness
(Seal)
(Surety)
Attest
By
(Seal)
(Title)
BB-2
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Section A
Agreement
THIS AGREEMENT, made on the ~ day of AnGIJ'ST , 200 by and between
AUGUST A, GEORGIA, BY AND THROUGH THE AUGUST A-RICHMOND COUNfY COMMISSION,
party of the first part, hereinafter called the OWNER, and ~~lJ :rt.1C..
.
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the CONTRACTOR and the OWl\TER, for the considerations hereinafter
named, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment
and labor necessary, and to perform all of the work shown on the plans and described in the specifications
for the project entitled:
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and in accordance with the requirements and provisions of the Contract Documents as defined in the General
and Special Conditions hereto attached, which are hereby made a part of this agreement.
ARTICLE II - TIME OF COMPLETION/LIQUIDATED DAMAGES
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The work to be performed under this Contract shall be commenced within 10 calendar days
after the date of written notice by the OWNER to the CONTRACfOR to proceed, All work shall be
completed within Wcalendar days with all such ex!ensions of time as are provided for in the General
Conditions. I go per (UJd end l'oY) (JJ.
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It is hereby understood and mutually agreed, by and between the CONTRACfOR and the
OWNER, that the date of beginning, rate of progress and the time ior completion of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract. CONTR.-\CTOR agrees that said work shall be
prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion
thereof within the time specified. It is expressly understood and agreed by and between the CONTRACTOR
and the OWNER, that the time for completion of the work described herein is a reasonable time for
completion of the same, taking into consideration the average climatic range and construction conditions
prevailing in this locality.
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IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFCSE TO COMPLETE THE WORK
WITHIN THE TIME HEREIN SPECIFIED, then the CONTRACTOR does hereby agree, as a part of the
consideration for the awarding of this contract, to pay the OWNER the sum of two hundred and fifty and
no/100s ($250.00) Dollars, not as a penalty, but as Liquidated damages for such breach of contract as
hereinafter set forth, for each and every calendar day that the COf\.'TRACTOR shall be in default after the
time stipulated in the Contract for completing the work"
The said amount is fixed and agreed upon by and beh\"een the CONTRACTOR and the
OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages
the OWNER would, in such event, sustain, and said amounts shall be retained from time to time by the
Owner from current periodical estimates.
It is further agreed that time is of the essence for each and e\"ery portion of this Contract, and
the specifications wherein a definite portion and certain length of time is fixed, if additional time is allowed
for the completion of any work, the new time limit fixed by extension shall be the essence of this contract.
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ARTICLE III - PAYMENT
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(A)
The Contract Sum
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The OWNER shall pay to the CONTRACfOR for the performance of the Contract the
amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except
as set forth in the specifications attached hereto.
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(B) Progress Payment
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On no later than the fifth day of every month, the Contractor shall submit to the OWNER's
Engineer (hereinafter called, the PROFESSIONAL) an estimate covering the percentage of the total amount
of the Contract which has been completed from the start of the job up to and including the last working day
of the preceding month, together "vith such supporting evidence as may be required by the Owner and/ or
the Professional. This estimate shall include only the quantities in place and at the unit prices as set forth in
the Bid Schedule.
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On the vendor run following approval of the invoice for payment, the OWNER shall after
deducting previous payments made, pay to the CONTRACTOR 90% of the amount of the estimate on units
accepted in place. The 10% retained percentage may be held by the OWNER until the final completion and
acceptance of all work under the Contract.
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ARTICLE IV - ACCEPTANCE AND FINAL PAYME~
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(A) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Professional shall within 10 days make such inspection, and when
he finds the work acceptable under the Contract and the Contract fully performed,
he will promptly issue a final certificate, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under
the terms and conditions thereof, and the entire balance found to be due the
CONTRACfOR, including the retained percentage, shall be paid to the
CONTRACTOR by the OWNER within 15 days after the date of said final certificate.
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(B) Before final payment is due, the CONTRACfOR shall submit evidence satisfactory
to the Professional that all payrolls, material bills, and other indebtedness connected with work have been
paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed
amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond.
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(C) The making and acceptance of the final payment shall constitute a waiver of all
claims by the OWNER, other than those arising from unsettled liens, from faulty work appearing within 12
months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It
shall also constitute a waiver of all claims by the CONTRACfOR except those previously made and still
unsettled.
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(D) rf after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the CONTR.A.CfOR, and the Professional, so certifies, tlle OWNER
shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance
due for that portion of the work fully completed and accepted.
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Each payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first mentioned above.
,.-
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OWNER:
\ AUG~ArfEORGIA
~ By: ~~U-tS
vlu 111" As its Mayor
~.l-q~/7
CONTRACTOR:
(SEAL)
By: rl7 /?;' ~
As its _Yr.? ~ d-eh t
A TrEST:
)(;l~J~:?;d-
Secretary
Address: ~ D .80'1. 5n J1 Iq g Q/.AO.vrL{ Rd .
~f(~rizL~ 1St dH3o~
i< {L7jf'j;; tU:\ l Jf-
W~tness
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1_)
oa
NOTICE OF AWARD
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DATE:
CONTRACTOR:
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ADDRESS:
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City
Stale
Zip Code
PROJECT:
PROJECT NO:
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At a meeting of the
you were awarded the Contract for the following Project:
held on (Date)
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Enclosed please find
copies of the Contract Documents for your execution, Please complete the
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pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to this office
days from the date of this letter, excludi~g Legal Holidays.
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The Certificate of Insurance must be complete.
Power of Attorney must be submitted in triplicate; an original and two copies is permissible,
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Very truly yours,
Augusta Program Management Team
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PrOject Engmeer
Reclept of this NOTICE OF AWARD Is hereby acknowledged this, the
day of
2001
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Contractor By
Please sign and return one copy of this Notice of Award Acknowledgement to:
Title
CH2M HILL
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Attn: Program Management Team
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360 Bay Street; Suite 100
Augusta, GA 30901
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08-NOA :':c
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~ NOTICE TO PROCEED
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DATE:
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TO: Name
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Attn:Firm Contact
Address1
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City, State 30901
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PROJECT: Name
PROJECT NO:
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You are hereby notified to commence WORK in accordance with the Agreement dated
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on or before
, and you are to complete the WORK within
consecutive calendar days thereafter. The date of completion of all WORK is therefore
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Very truly yours,
Augusta Program Management Team
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Project Engineer
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Receipt of this NOTICE TO PROCEED is hereby acknowledged
This, the
day of
, 2001
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Contractor:' -
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By:
Title:
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Please sign and return one copy of this Notice to Proceed Acknowledgement to:
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CH2M Hill (Attn:Program Management)
360 Bay Street; Suite 100
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Augusta, GA 30901
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09-NTP.DOC
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CONSTRUCTION CONTRACT CHANGE ORDER
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co NmffiER
BID ITEM
D.-\ TE
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PROJECT TITLE
ORIGINAL CONTRACT DATE PROJECT NUMBER
OWNER .-\UGUST.-\-RICHi\fOND COUNTYCO;\J:i\fISSION PO NUMBER
The following change is hereby made to the contract for the above project:
Description of Change (for a more detailed description see attached proposal):
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P A 'lEE
TOT.-\L .UfOUNT OF THIS CI-L\NGE ORDER
$
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The contract time will be I:--.lCRE.-\SED by Q calendar dal-s as a result of this change.
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ORIGI:\:.-\L CO~TR.KT .-\i\fOC:\'T $
PRE\-IOCS CH.-\~GE ORDER (I:-.JCRE.-\SE) $
THIS CH..\~GE ORDER (INCRE.-\SE) $
TOT.-\L RE\lSED CONTR.-\CT .-\MOU~T \'V1TH CH.-\.t'\JGE ORDER $
FUNDI:\:G ~U:\ffiER/ .\CCOUNT :-;V.\ffiER
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PROPOSED BY: D.\TE:
CONTR.\CTOR
REQUESTED BY: D,-\ TE:
ENGINEeR
SCB.\II1TED BY: D.-\ TE:
DEP:\RTMENT IIE.ill
FI~.\.,'\1CE ENDORSEi\fENT: D.-\TE:
CO~fPTROI1.ER
RECO:\f:\fE:\:DED BY: 0.-\ TE:
\D\II~I~T}nT()R
.-\PPRO\ r~D BY: D.\TE:
~L\ \'UR
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SECfION PB
PERFORMANCE BOND
Bond Number: MAIFSU351518
(NOTE:
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE
PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF
LABOR AND MATERIAL.)
KNOW ALL MEN BY THESE PRESENTS:
That TESCO, Inc. of South Carolina as Principal,
hereinafter called Contractor, and International Fidelity Insurance Company
a corporation organized and existing under the laws of the State of New Jersey
,with
its principal office in the City of Newark 'state of New Jersey, as Surety,
hereinafter called Surety, are held and firmly bound unto AUGUST A, GEORGIA BY AND
THROUGH THE AUGUSTA COMMISSION as Obligee, hereinafter called the Owner, in the
penal amount of ~~~t~~M~~da~av887100~*n Thousand, 'Seven Hundred Dollars ($ 177 ,759.00*** ) for
the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents for the
faithful performance of a certain written agreement.
WHEREAS, Contractor has by said written agreement dated August 5, 2003
entered into a contract with Owner for the Groundwater Treatment Plant #1 Lime Silo
Demolition/ Liquid Lime System Installation in accordance with the drawings and specifications
issued by the Augusta Utilities Department and the Augusta-Richmond County Commission,
which contract is by reference made a part hereof, and is hereinafter referred to as the the
CONTRACf .
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
(1) Complete the CONTRACT in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects,
upon determination by the Owner 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 a succession of
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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 anyamendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years
from the date on which final payment under the CONTRACT falls due.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than the Owner named herein or the heirs, executors, administrators or
successors of the Owner.
Signed and sealed this
15th
day of
September
A. D. 20~.
Witness . 1\ (cth (j.. ,{, tie ~1 4X-
U
rEsca, Inc. of South Carolina
(Contractor)
(Seal)
Attest t~,d~ f)A/J'Lij/~
By V\~rY ~----;al)
(Title)
Witness
o)Jd/~
q ~ E::CI\d-
International Fidelit
c~~t
Attest
By
(Seal)
(Title)
c. Wayne McCartha Attorney-in-Fact
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SECTION PB
LABOR A::-.JD MA TERlAL PAYMENT BOND
Bond Number: MAIFSU351518
NOTE:
THIS BOND IS ISSUED SIMUL T ANEOUSL Y WITH PERFORMANCE BOND
ON PAGE PE-I, IN FA \lOR OF THE OWNER CONDITIONED FOR THE
PERFORMANCE OF THE WORK)
KNOW ALL MEN BY THESE PRESENTS:
That TESCO, Inc. of South Carolina as Principal,
hereinafter called Contractor, and I nternati onal Fi del i ty I nsurance Company
a corporation organized and existing under the laws of the State of New Jersey
with
its principal office in the City of Newark , State of New Jersev as
Surety, hereinafter called Surety, are held and firmly bound unto AUGUST A, GEORGIA BY
AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, as Obligee,
hereinaftercalleo tne Ovvner, for the use and benefit of claimants as hereinbelow defined in the
One Hundred Seventy-Seven Thousand, Seven Hundred
amount of Fifty-Ni ne and 00/1 00*** Dollars ($ 177 ,759.00***)
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated Auqust 5. 2003 entered
into a contract with Owner for the Groundwater Treatment Plant #1 Lime Silo Demolition/Liquid
Lime System Installation in accordance with drawings and specifications issued by the Augusta
Utilities Department and Augusta-Richmond County Commission, which contract is by reference
made a part hereof, and is hereinafter referred to as the CONTRACT .
NOW, THEREFORE, the condition of this obligation is such that, if the Contractor
shall promptly make payment to all claimants as hereinafter defined, for all labor and material used
or reasonably required to use in the performance of the CONTRACT, then this obligation shall be
void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:
(1) A claimant is defined as one having a direct contract with the Contractor or with a
subcontractor of the Contractor for labor, material, or both, used or reasonably
required for use in the performance of the contract, labor and material being
construed as to include that part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental of equipment directly applicable to the CONTRACT.
(2) The above named Contractor and Surety hereby jointly and severally agree with the
Owner that every claimant as herein defined, who has not been paid in full before
the expiration of a period of ninety (90) days after the date on which the last of such
PB-3
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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 judgement 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 Contractor,
shall have given written notice to any two of the following: The Contractor,
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
Contractor, Owner or Surety, at any place where an office 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 ( I) year following the date on which Contractor
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.
(e)
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 part thereof, is situated, and not elsewhere.
(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 for the amount of such lien be presented under and against this bond.
PB-4
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Signed and sealed this 15th
Witness ~J<' Ct \1"f A r:li .W\L
'- " I
Attest ~M=Lt"' }.~b'Pl/'i/,--
Witness
a4~
'"- ~
Attest
I~ I \
f4 t=Jt '
I _'. \ .'cj
PB-5
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, "
day of
September
A. D. 20~.
TESCO. I nc. of South Ca ro 1 i na (Seal)
(Contractor)
/J ~ ~
By ~ "'21 /f~/ (Seal)
J (Title)
By (Seal)
C. Wayne McCartha
f t.....
Tel (973) 624-7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESE."'TS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey. and baving its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
C. WAYNE MCCARTHA, M. KATHRYN MCCARTHA-POWERS, RAYMOND E. COBB, JR., EDITH P. FORSBERG,
JASON L. SENTER
Columbia, SC.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and
other writings obligatory 10 the nature thereof, which are or may be allowed, required or permitted by law, stature, rule. regulation, contract or otherwisel,and
the execution of such instrument(s) in pursuance of these presents, shall be as bindmg upon the said INTERNATIONAL FIDELITY INSURANCE
COMPM'Y, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of
Directors oflNTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, [974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
([) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney-in-fact and revoke the authority given.
Further! this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly calleo and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affIxed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile sea shall be valid and bindmg upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A,D. 1998.
STATE OF NEW JERSEY
County of Essex
On this 31 st day of August 1998. before me came the individual who executed the Jlreceding instrument, to me p_ersonally knownJ. and, being by me duly
sworn, said the he IS the therein described and authorized officer of the INI'ERNATIONAL FIDELITY INSURANCE COMPANy; that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above wrinen.
~"'~
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Nov. 21, 2005
CERTIFICATION
I, the undersigned offICer of IJI.'TERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF. I have hereunto set my hand this 15 t h
day of
September
2003
~:rP,~
Assistant Secretary
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Re'/1510n Date
A.uQu.st 2001
GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the
meanings indicated, which are applicable to both the singular and plural thereof:
Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by
OWNER to prospective Bidders prior to the time of opening of Bids.
Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed;
other Contract Documents are attached to the Agreement and made a part thereof as provided therein,
Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in
requesting progress or final payments and which is to include such supporting documentation as is required
by the Contract Documents.
Bid- The offer or proposal of the bidder submitted on the prescribed form setting forth the price( s) for the Work
to be performed.
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Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR
and its Surety in accordance with the Contract Documents,
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Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and
OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price
or the Contract Time, issued on or after the Effective Date of the Agreement.
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Contract Documents-The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's
Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the
Notice of Award) when attached as an exhibit to the Agreement; the Bonds: these General Conditions; the
Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically
identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after
execution of Contract together with all amendments, modifications and supplements issued pursuant to
paragraphs 3.3 and 3,5 or after the Effective Date of the Agreement.
Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated
in the Agreement (subject to the provisions of paragraph 11.9,1 in the case of Unit Price Work).
Contract Time-The number of days (computed as provided in paragraph 17.2,1) or the date stated in the
Agreement for the completion of the Work.
CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement.
COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the
Augusta-Richmond County Commission, and its authorized designees, agents, or employees.
Day-Either a working day or calendar day as specified in the bid documents If a calendar day shall fall on a
legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther
King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday,
and Christmas Day
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Defective-An adjective which, when modifying the word Work, refers to Work that IS unsatisfactory, faulty or
GC-1
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Augu.5t 20:1
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deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to
PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14,10).
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Drawings-The drawings which show the character and scope of the Work to be performed and which have
been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents,
Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if
no such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta,
Georgia.
Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which
does not involve a change in the Contract Price or the Contract Time.
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General Requirements-Sections of Division I of the Specifications.
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ReV:'.!I10n :;I.HI!
AUQust :('111
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Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared
by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and
submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work,
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Specifjcations- Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work and certain
administrative details applicable thereto.
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Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other
SUBCONTRACTOR for the performance of a part of the Work at the site,
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Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the
opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or
specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued,
when final payment is due in accordance with paragraph 14,13. The terms "substantially complete" and
"substantially completed" as applied to any Work refer to Substantial Completion thereof,
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Supplementary Conditions-The part of the Contract Documents which amends or supplements these General
Conditions.
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Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor,
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Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasement containing such facilities which have been installed
underground 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,
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Unit Price Work-Work to be paid for on the basis of unit prices,
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Work-The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents, Work is the result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as
required by the Contract Documents.
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Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion
or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is
to be performed as provided in paragraph 4.2 or 4,3 or to emergencies under paragraph 6.22, A Work Change
Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that
the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract
Time as provided in Article 10
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Written Amendment-A written amendment of the Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering
or non-technical rather than strictly Work-related aspects of the Contract Documents,
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Auquat 2001
ARTICLE 2-PRELlMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these
Contract Documents.
Copies of Documents:
2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1)
complete set of the Contract Documents for execution of the work, Additional sets of the project manual and
drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY
upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges
for printing and reproduction.
Commencement of Contract Time, Notice to Proceed:
2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed
may be given at any time after the Effective Date of the Contract.
Starting the Project:
2.4. CONTRACTOR shall begin the Wort.. on the date the Contract Time commences. No Wort.. shall
be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR
prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR.
Before Starting Construction:
2,5, Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare
the Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall
be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract
Documents, if CONTRACTOR knew or reasonably should have known thereof.
2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the
General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review:
2,6.1. an estimated progress schedule indicating the starting and completion dates of the various
stages of the Work:
2,6,2, a preliminary schedule of Shop Drawing and Sample submissions, and
2.6,3. a preliminary schedule of values for all of the Work which will include quantities and prices of
items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to
serve as the basis for progress payments during construction, Such prices will include an appropriate amount
of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR
at the time of submission,
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2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to
each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each
insurance policy (and other evidence of insurance which OWNER may reasonably request) which
CONTRACTOR is required to purchase and maintain in accordance with Article 5,
Pre-construction Conference:
2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER,
PROFESSIONAL and others as appropriate will be held to establish a working understanding among the
parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling
Shop Drawings and other submittals, processing applications for payment and maintaining required records.
Finalizing Schedules:
2.9, At least ten days before submission of the first Application for Payment, a conference attended
by CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the
schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10)
calendar days to make corrections and adjustments and to complete and resubmit the schedules, No
progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to
OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to
OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any
specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL
responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve
CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and
Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for
reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by
PROFESSIONAL as to form and substance.
CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for
maintaining the schedule, including updating schedule, Schedule updates shall include progression of work
as compared to scheduled progress on work, Schedule updates shall accompany each pay request.
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ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
AMENDING, REUSE
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Intent:
3.1, The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are complementary: what is called for by one is as binding
as if called for by all. The Contract Documents will be construed in accordance with the law of the State of
Georgia,
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3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment
that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as
being required to produce the intended result will be supplied whether or not specifically called for, When
words or phrases which have a well-known technical or construction industry or trade meaning are used to
describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning,
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3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3,7, the provisions of the
Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between
the provisions of the Contract Documents and the provisions of any such standard, specification, manual,
code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the
provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an
interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided
in paragraph 9.4.
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3.4. Reference to standards, specifications, manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the Contract Documents,
3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity
or discrepancy within the Contract Documents or between the Contract Documents and any provision of any
such Law or Regulation applicable to the performance of the Work or of any such standard, specification,
manual or code or of any instruction of any Supplier referred to in 6,7, CONTRACTOR shall so report to
PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain
a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable
to OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the
o~mmm Dm~mmm ~mm~ OO~IMOIO~ ~~~ ~uW~1 ~~~mm~[ mnmf m ~~~W~ rmm~~ml ~m[ ~~~n~
thereof,
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Amending and Supplementing Contract Documents:
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3.6, The Contract Documents may be amended to provide for additions, deletions and revisions in
the Work or to modify the terms and conditions thereof in one or more of the following ways:
3.6,1, a formal Written Amendment,
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3.6.2. a Change Order (pursuant to paragraph 10.3), or
3.6.3. a Work Change Directive (pursuant to paragraph 10.4),
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a
Change Order or a Written Amendment.
3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized in one or more of the following ways:
3.7,1, a Field Order (pursuant to paragraph 9,5).
3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6,24 and
6.26), or
3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4),
Reuse of documents:
3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire
any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of
any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they
shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions
of the Project or any other project without written consent of OWNER and PROFESSIONAL and specific
written verification or adaptation by PROFESSIONAL.
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ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
Availability of Lands:
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4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work
is to be performed, rights-of-way and easements for access thereto, and such other lands which are
designated for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and
expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to
or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay
in OWNER's furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12, The CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary construction facilities or storage of materials and
equipment.
Physical Conditions:
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4.2.1, Explorations and Reports: Reference is made to the Supplementary Conditions for identification
of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been
utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have
been utilized in preparing the Contract Documents.
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4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such
reports and drawings. Such "technical data" is identified in the Supplementary Conditions Except for such
reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER,
PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to:
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4.2,2,1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but
not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction
to be employed by CONTRACTOR and safety precautions and programs incident thereto, or
4,2.2.2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any
such data, interpretations, opinions or information,
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4.2.3. If conditions are encountered, excluding existing utilities at the site which are (1) subsurface
or otherwise concealed physical conditions which differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those
ordinarily found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly
before conditions are disturbed and in no event later than 48 hours after first observance of the conditions,
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4.2.4, The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they
differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for,
performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable
adjustment in the Contract Price or Contract Time, or both, If the OWNER and PROFESSIONAL determine
that the conditions at the Site are not materially different from those indicated in the Contract Documents or
are not materially different from those ordinarily found and that no change in the terms of the Contract is
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justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be
performed after direction is provided by the PROFESSIONAL.
Physical Conditions-Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the site is based on information and data
fumished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless
it is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness
of any such information or data; and
4,3.1.2, The cost of all of the following will be included in the Contract Price and CONTRACTOR shall
have full responsibility for reviewing and checking all such information and data for locating all Underground
Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of
such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph
6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as
having been included in the Contract Price.
4.3,2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous
to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not
reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof
and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22,
identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to
OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine
the extent to which the Contract Documents should be modified to reflect and document the consequences
of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented
to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection
of such Underground Facility as provided in paragraph 6.20, CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the
existence of any Underground Facility that was not shown or indicated in the Contract Documents and which
CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree
as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and
12,
Reference Points:
4.4. OWNER shall provide Engineering surveys to establish reference points for construction which
in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work,
CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established reference points and shall make no changes or
relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL
whenever any reference point is lost or destroyed or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such reference
points by professionally qualified personnel.
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Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
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4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR,
Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible,
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4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition
and in any area affected thereby (except in an emergency as required by 6,22), and (ii) notify OWNER and
PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with
PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such
hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work
in connection with such hazardous condition or in any such affected area until after OWNER has obtained any
required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such
condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any
special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot
agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times
as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR
to be resumed, either party may make a claim therefor as provided in Articles 11 and 12,
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4,7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such
Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous
conditions or in such affected area to be deleted from the Work, If OWNER and CONTRACTOR cannot
agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times
as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in
Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces
or others in accordance with Article 7.
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4.7,1 The provisions of 4,2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum,
Hazardous Waste or Radioactive Material uncovered or revealed at the site,
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AuqU.l 2001
ARTICLE 5-BONDS AND INSURANCE
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Performance and Other Bonds:
5.1, CONTRACTOR shall fumish performance and payment Bonds, each in an amount at least equal
to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations
under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when
final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract
Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary
Conditions, All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents
and be executed by such sureties as are named in the current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published
in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U,S. Treasury Department. All Bonds
signed by an agent must be accompanied by a certified copy of the authority to act.
Licensed Sureties and Insurers; Certificates of Insurance
5.2,1 All bonds and insurance required by the Contract Documents to be purchased and maintained
by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required, All bonds
signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance
companies shall also meet such additional requirements and qualifications as may be provided in the
Supplementary Conditions.
5,2.2, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in
5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of
insurance (and other evidence of insurance requested by OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain in accordance with 5,3,
5,2,3, If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is located or it
ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute
another Bond and Surety, both of which must be acceptable to OWN ER.
CONTRACTOR's Liability Insurance:
5.3, CONTRACTOR shall purchase and maintain such comprehensive general liability and other
insurance as is appropriate for the Work being performed and furnished and as will provide protection from
claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of
the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed
or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of
them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:
5.3,1, Claims under workers' or workmen's compensation, disability benefits and other similar
employee benefit acts;
5.3,2, 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 injury, sickness or disease, or death of any person other
than CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any
person as a result of an offense directly or indirectly related to the employment of such person by
CONTRACTOR, or (b) by any other person for any other reason;
5.3,5, Claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located, including loss of use resulting therefrom;
5.3.6, Claims arising out of operation of Laws or Regulations for damages because of bodily injury
or death of any person or for damage to property; and
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5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising
out of the OWNERSHIP, maintenance or use of any motor vehicle,
The insurance required by this paragraph 5,3 shall include the specific coverage's and be written for not less
than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law,
whichever is greater, The comprehensive general liability insurance shall include completed operations
insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or
other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be
canceled, materially changed or renewal refused until at least thirty days prior written notice has been given
to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain
in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph 13.12, In addition, CONTRACTOR shall maintain
such completed operations insurance for at least two years after final payment and furnish OWNER with
evidence of continuation of such insurance at final payment and one year thereafter,
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Contractual Liability Insurance:
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5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual
liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33,
OWNER's Liability Insurance:
5,5, OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance,
and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will
protect OWNER against claims which may arise from operations under the Contract Documents.
Property Insurance:
5,6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and
maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such
deductible amounts as may be provided in the Supplementary Conditions or required by Laws and
Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors,
PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall
be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage
and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious
mischief, collapse and water damage, and such other perils as may be provided in the Supplementary
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Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss
or incurred in the repair or replacement of any insured property (including but not limited to fees and charges
of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk"
insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and
maintain similar property insurance on portions of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for Payment
5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property
insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include
the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's
consultants in the Work, all of whom shall be listed as insured or additional insured parties.
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5,8. All the pOlicies of insurance (or the certificates or other evidence thereof) required to be
purchased and maintained by OWNER in accordance with paragraphs 5,6 and 5,7 will contain a provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until
at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph of 5,11.2.
5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to
protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible
amounts that are provided in the Supplementary Conditions, The risk of loss within the deductible amount will
be bome by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other special insurance be included in the property
insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to
CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work
at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been
procured by OWNER.
Waiver of Rights:
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5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages
caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5,6 and
5,7 and other property insurance applicable to the Work, and also waive all such rights against the
Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds
in such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between
CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of
OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as
insureds, None of the above waivers shall extend to the rights that any of the insured parties may have to the
proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued,
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5,11,2, OWNER and CONTRACTOR intend that policies provided in response to paragraphs 56 and
5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused
by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the
event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties
named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by
PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same, and if such waiver forms
are required of any Subcontractor, CONTRACTOR will obtain the same,
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Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5,7 will be
adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may
appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall
deposit in a separate account any money so received and shall distribute it in accordance with such
agreement as the parties in interest may reach, If no other special agreement is reached, the damaged Work
shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost
thereof covered by an appropriate Change Order or Written Amendment.
Receipt and Application of Insurance Proceeds
5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one
of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's
exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the
insurers in accordance with such agreement as the parties in interest may reach, If required in writing by any
party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper
performance of such duties,
Acceptance of Insurance:
5,14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance
required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5,3 and 5.4 on
the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing
thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph
2.7, If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5,6 and 5,7
on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in
writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance
with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information
in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of
such insurance purchased by the other as complying with the Contract Documents,
Partial Utilization-Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with
paragraph 14,10 provided that no such use or occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or
policies, but the property insurance shall not be canceled or lapse on account of any such partial use or
occupancy,
Indemnification
5,16.1, CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and
its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and
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expenses, including attomeys' fees, arising out of or resulting from the performance of its Work, provided that
any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom
and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether
or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder.
5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of
CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall
not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or
other employee benefit acts,
5.16,3, CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly
employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys'
fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims
in connection with any alleged infringement of such rights.
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ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
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6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification of a specific means, method, technique, sequence
or procedure of construction which is shown or indicated in and expressly required by the Contract
Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the
Contract Documents.
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6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident
superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except
under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site
and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall
be as binding as if given to CONTRACTOR.
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Labor, Materials and Equipment:
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6,3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the
Work and perform construction as required by the Contract Documents, CONTRACTOR shall at all times
maintain good discipline and order at the site, Except in connection with the safety or protection of persons
or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not
permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's
written consent given after prior written notice to PROFESSIONAL.
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6.4, Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and
assume full responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities
and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing,
initial operation, and completion of the Work as required by the Contract Documents,
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6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in
the Contract Documents, If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with
the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no
provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's
consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9,14
or 9,15,
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Adjusting Progress Schedule:
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6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in
paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments;
these will conform generally to the progress schedule then in effect and additionally will comply with any
provisions of the General Requirements applicable thereto.
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Rt'Vl~l,Jn D.iltf"
August 1001
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended
to establish the type, function and quality required. Unless the name is followed by words indicating that no
substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if
sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material
or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL
will include the following as supplemented in the General Requirements. Requests for review of substitute
items of material and equipment will not be accepted by PROFESSIONAL from anyone other than
CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment,
CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the
proposed substitute will perform adequately the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that specified.
The application will state that the evaluation and acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute
for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and
whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any
license fee or royalty. All variations of the proposed substitute from that specified will be identified in the
application and available maintenance, repair and replacement service will be indicated. The application will
also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such
substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of
which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may
require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed
substitute.
6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in
or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits
sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar
to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the Gen-
eral Requirements.
6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed
substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed
or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change
Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's
expense, a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL
will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby.
Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER
for the charges of PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed
substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially
or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection.
CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization
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to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or
other persons or organizations including those who are to furnish the principal items of materials and
equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by
OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the
Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance or objection in the bidding documents or the
Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may
be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall
submit an acceptable substitute, the Contract Price will be increased by the difference, and the cost
occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment
signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person
or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and
omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any
of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual
relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to payor to see to
the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as
may otherwise be required by Laws and Regulations.
6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall
not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work
to be performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL
and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor
a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued
pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use
in the performance of the Work or the incorporation in the Work of any invention, design, process, product
or device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify
and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of
them from and against all claims, damages, losses and expenses including attorneys' fees and court and
arbitration costs arising out of any infringement on patent rights or copyrights incident to the use in the
performance of the Work or resulting from the incorporation in the Work of any invention, design, process,
product or device not specified in the Contract Documents, and shall defend all such claims in connection with
any alleged infringement of such rights.
Permits:
6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental
charges and inspection fees, and all public utility charges which are applicable and necessary for the
execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and
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A\,IQU1H 2001
paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting
process will be considered for time extensions only and no damages or additional compensation for delay will
be allowed.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable
to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws
and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such
laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall
then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or
should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice
to the Project Manager, it shall bear all related costs.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid
in accordance with the Laws and Regulations of the place of the Project which are applicable during the
performance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by the Contract
Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and
easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is
solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any
such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting
from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any
such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt
to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law.
CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER
harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of
PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising
directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party
against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris or contaminants resulting from the Work. At the
completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about
the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials,
and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original
condition all property not designated for alteration by the Contract Documents.
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AU~l,.:st lC:il
6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property
to stresses or pressures that will endanger them.
Record Documents:
6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents
and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all
changes made during the construction process. These shall be available to PROFESSIONAL and the Project
Manager and shall be submitted with the Application for Final Payment.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored
equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored
equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or loss to:
6.20.1. all employees on the Work and other persons and organizations who may be affected
thereby;
6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the site; and
6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks.
pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation
or replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction
for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of
adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect
them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.
All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or
indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or
organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or
PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be
liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON-
TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall
continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER
and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Completion).
6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the
prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise
designated in writing by CONTRACTOR to the Project Manager.
Emergencies:
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6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site
or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or
OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give
PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that
a change in the Contract Documents is required because of the action taken in response to an emergency,
a Work Change Directive or Change Order be issued to document the consequences of the changes or
variations.
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6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to
any person on the Site, whether or not such person was engaged in the construction of the Project, and shall
file a written report on such person(s) and any other event resulting in property damage of any amount within
five (5) days of the occurrence.
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6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because
of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to
document the consequences of such action.
Shop Drawings and Samples:
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6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to
PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and
samples required by the Contract Documents. All submittals and samples shall have been checked by and
stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data
shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any
other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of
each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or
sample may have from the requirements of the Contract Documents.
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6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and
approval shall be only for conformance with the design concept of the Project and compliance with the
information given in the Contract Documents. The approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by
PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's
stamp of approvCjI on any submittal or sample shall constitute its representation to PROFESSIONAL and
OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction
criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed
or coordinated with the requirements of the Work and the Contract Documents.
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6.24.1. No Work requiring a submittal or sample submission shall commence until the submission
has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall
be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER.
Any delays associated with the submittal process will be considered for time extensions only, and no
damages or additional compensation for delay will be allowed.
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6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined
and verified all quantities, dimensions, specified performance criteria, installation requirements, materials,
catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or
sample with other Shop Drawings and samples and with the requirements of the Work and the Contract
Documents.
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AUQ'I.l.st 2001
6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written
notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to
PROFESSIONAL for review and approval of each such variation.
6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and
samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept
of the Project and for compliance with the information given in the Contract Documents and shall not extend
to means, methods, techniques, sequences or procedures of construction (except where a specific means,
method, technique, sequence or procedure of construction is indicated in or required by the Contract
Documents) or to safety precautions or programs incident thereto. The review and approval of a separate ITem
as such will not indicate approval of the assembly in which the item functions.
6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has,
in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the
OWNER has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not
relieve CONTRACTOR from responsibility for errors or omissions in the submittals.
6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of
shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work
performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole
expense and responsibility of CONTRACTOR.
Continuing the Work:
6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may
otherwise agree in writing.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish,
and other debris or contaminants resulting from the work on a daily basis or as required. At the completion
of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all
tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready
for occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In
addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to
maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore
to original condition those portions of the site not designated for alteration by the Contract Documents.
Indemnification:
6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and
hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and
employees from and against all claims, damages, losses and expenses, direct, indirect or consequential
(including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects,
attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the
performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily
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R.v1510n Dat.e
Ju.lqust. 2001
injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself)
including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed
by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed
by Law and Regulations regardless of the negligence of any such party.
6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of
their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person
or organization directly or indirectly employed by any of them to perfonm or furnish any of the Work or anyone
for whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be
limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by
or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of
PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or
approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications.
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RovulIlon Dale
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ARTICLE 7---0THER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces,
have other work performed by aided OWNERs or let other direct contracts therefor which shall contain
General Conditions similar to these. If the fact that such other work is to be performed was not noted in the
Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other
work, and, if CONTRACTOR believes that such performance will involve additional expense to
CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof,
CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such
a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper
and safe access to the site and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work
of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the
written consent of PROFESSIONAL and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other
contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct
contracts between OWNER and such utility OWNERs and other contractors.
7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of
any such other contractor or utility OWNER (or OWNER), CONTRACTOR shall inspect and promptly report
to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an
acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent
or nonapparent defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the
person or organization who will have authority and responsibility for coordination of the activities among the
various prime contractors will be identified in the Supplementary Conditions. and the specific matters to be
covered by such authority and responsibility will be itemized, and the extent of such authority and
responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the
Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility
in respect of such coordination.
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Pe",,:..s:..:>n Date
k.~.5t 2001
ARTICLE 8-0WNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all
communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a
PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the
Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such
appointment shall be subject to arbitration.
8.3. OWNER shall fumish the data required of OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and
14.13.
8.4. OWNER's duties in respect of providing lands and easements and providing Engineering
surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to
OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in
preparing the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property
insurance are set forth in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3.
8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and
15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain
circumstances.
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ReVlluon Date
Augu.st ZOOl
ARTICLE 9--PROFESSIONAL'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties
and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during
construction are set forth in the Contract Documents and shall not be extended without written consent of
OWNER and PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of
construction to observe the premises and quality of the executed Work and to determine, in general, if the
Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.
PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that
the completed Work will conform to the Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER
informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies
in the Work.
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project
Representative to assist PROFESSIONAL in observing the performance of the Work. The duties,
responsibilities and limitations of authority of any such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at
the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of
authority of such other person will be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably
requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent
of the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles
it to an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided
for in Articles 11 or 12.
Authorized Variations in Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order
and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly.
If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may
make a claim therefor as provided in Article 11 or 12.
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AU9ust 2001
Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL
believes to be defective and will also have authority to require special inspection or testing of the Work as
provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.29 inclusive.
9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11
and 12.
9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment,
etc., see Article 14.
Determinations for Unit Prices:
9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's
preliminary determinations on such matters before rendering a written decision thereon (by recommendation
of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and
binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either
OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written
notice of intention to appeal from such a decision.
Decisions on Disputes:
9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents
and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to
the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the
Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a
formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a
reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant
to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after
the occurrence of the event giving rise thereto) and written supporting data will be submitted to
PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows
an additional period of time to ascertain more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL
will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation
or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant
to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have
been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition
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precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise
have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other
matter.
Limitations on PROFESSIONAL 's Responsibilities:
9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract
Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or
responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees.
9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques,
sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be
responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.
9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any
Subcontractors, any agents or employees, or any other persons performing any of the Work.
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AuguH. 2001
ARTICLE 10--CHANGES IN THE WORK
10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions,
deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request,
identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a
written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request
calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the
proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall
not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable
conditions of the Contract Documents.
10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not
entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in
the case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and
shall prevail irrespective of any conflicting provisions contained in these Contract Documents.
10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency
as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the
Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and
CONTRACTOR and submitted to OWNER for approval.
10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue
a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with
Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined
to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR
may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated
to fully perform the work as directed by the Work Change Directive.
10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any
Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the
amount of each applicable Bond will be adjusted accordingly.
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Auqust 2001
ARTICLE 11-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to written authorized
adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any
claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party
making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days)
after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence
(unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of
the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known
amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of
said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved.
No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this
paragraph 11.2.
11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the
Contract Price will be determined by the following procedures:
11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and
acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are
approximations prepared by OWNER for bid purposes and that the actual compensation payable to
CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual
quantities of items involved as measured in the field and required to complete the Work as originally defined
in the Contract Documents.
11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as
defined in these Contract Documents, is required and affects the quantities required for items designed in the
Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to
CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the
application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item
required to complete the Work as defined in the Contract Documents.
11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and
CONTRACTOR may establish unit prices as agreed on by Change Order.
11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the
Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the
amount of increase or decrease in the lump sum price shall be established by mutual agreement of the
parties.
11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree
on a price for the changed work, a reasonable price for the same shall be established by OWNER in
accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said
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reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed
in the Change Order.
11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions
within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs
to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the
discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum
quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to
construct to plan or authorized dimensions.
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by
OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for
employees not employed full time on the Work shall be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits
which shall include social security contributions, unemployment, excise and payroll taxes, workers' or
workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and
refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors
acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice
of PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid
on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the
same manner as CONTRACTOR's Cost of the Work All subcontracts shall be subject to the other provisions
of the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties connected with the Work.
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11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers,
which are consumed in the performance of the Work, and cost less market value of such items used but not
consumed which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice
of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal
thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery
or parts shall cease when the use thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR
is liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than 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, and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise,
to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of
the Work (except losses and damages within the deductible amounts of property insurance established by
OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such losses shall include settlements made with the written
consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRACTOR's Fee If, however, any such loss or damage requires
reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a
fee proportionate to that stated in paragraph 11.6.2.
11.45.7. The cost of utilities. fuel and sanitary facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
site, expressage and similar petty cash items in connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the
Work and premiums of property insurance coverage within the limits of the deductible amounts established
by OWNER in accordance with paragraph 5.6.
11.5. The term Cost of the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys.
auditors, accountants, purchasing and contracting agents. expeditors, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office
for general administration of the Work and not specifically Included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically coverec by paragraph 11.4.4-all of which are to
be considered administrative costs covered by CONTRACTOR's Fee
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11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's
office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital
used for the Change Order Work and charges against CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except for the cost of premiums
covered by subparagraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to,
the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any
damage to property.
11.5.6. Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined
as follows:
11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon;
11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be
fifteen percent,
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent: and
if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR
on account of overhead and profit of all Subcontractors shall be fifteen percent,
11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 1144, 11.4.5 and
11.3,
11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change
which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in
CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and
11.6.2.5. when both additions and credits are involved in anyone change. the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 116.2.1
through 11.62.4, inclusive.
11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with
supporting data in such detail and form as prescribed by the Project Manager. When a credit is due. the
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amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net
decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project
Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved
in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether
an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required
by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and
rate for each piece of equipment, material by units of measure and price per unit, other costs specifically
itemized, plus the overhead and profit markup.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so
named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors
or Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL
CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and
11.8.2 CONTRACTOR's costs for unloading and handling on the site, labor, installation costs,
overhead, profit and other expenses contemplated for the allowances have been included in the Contract
Price and not in the allowances. No demand for additional payment on account of any thereof will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to
reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract
Price shall be correspondingly adjusted.
Unit Price Work:
11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified item of Unit Price Work times the estimated quantity of
each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not
guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR
will be made by PROFESSIONAL in accordance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be
adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
11.93. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs
materially and significantly from the estimated quantity of such item indicated in the Agreement and there is
no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that
CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for
an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the
amount of any such increase.
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ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in
the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7)
calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be
submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless
the OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract
Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay
was beyond CONTRACTOR's control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or
completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either,
or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor
disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by
CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the
Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine
CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay
which OWNER may determine to be due solely to such causes and only to the extent such occurrences
actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with
all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract
Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance,
progress, commencement or completion of the Work for any cause whatsoever, including those for which
OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty
to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's
sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay
of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the
procedures set forth herein.
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ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be
new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner,
free from faults or defects, and in accordance with the requirements of the Contract Documents and any
inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work
not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all
applicable building, construction and safety requirements shall be considered defective. Notice of all defects
shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be
rejected, corrected, or accepted as provided in this Article.
Access to Work:
13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated
representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be
given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of
the Work and also for any inspection or testing by others.
Tests and Inspections:
13.3. If the Contract Documents. laws. ordinances, rules, regulations or orders of any public authority
having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than
CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore
13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or
approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All
other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for
inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours
per week. For all required inspections. tests, and approvals on any Work prepared, performed, or assembled
away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection,
testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society
for Testing and Materials or such other applicable organizations as may be required by law or the Contract
Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction
of PROFESSIONAL and at CONTRACTOR's expense.
13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any
public body having jurisdiction shall be performed by organizations acceptable to OWNER and
CONTRACTOR (or by PROFESSIONAL if so specified).
13.6. If any Work (including the work of others) that is to be Inspected, tested or approved is covered
without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for
observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given
PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has
not acted with reasonable promptness in response to such notice.
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13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or
approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform
the Work in accordance with the requirements of the Contract Documents.
Uncovering Work:
13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the
prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of
PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection,
testing or approval and replaced at CONTRACTOR's expense.
13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by
PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall
uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may
require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is
found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not
limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and
OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to
agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however,
such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price
or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure. observation,
inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
OWNER May Stop the Work:
13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen
or suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or
equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order
CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of
OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the
benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the
Contract Price or Contract Time or other damages for a stop work order under this paragraph.
Correction or Removal of Defective Work:
13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER
and as specified by PROFESSIONAL, either correct the defective Work whether fabricated. installed, or
completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not
correct such defective Work or remove and replace such defective Work within a reasonable time, as
specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct
and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to
CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work
of others destroyed or damaged by the correction, removal, or replacement of the defective Work.
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One Year Correction Period:
13.12. If, after approval of final payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Documents, any Work or materials are found to be
defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such
defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective
Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have
the defective Work corrected, removed. or replaced. All direct, indirect and consequential costs of such
removal and replacement (including but not limited to fees and charges of engineers, architects, attomeys and
other professionals) will be paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER
(and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it,
OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to
OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by
PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's
recommendation 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 in
the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a
claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to
proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL
in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents,
OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency.
In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent
necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part
of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto,
take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and
incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees such access to the site as may be necessary to enable OWNER to
exercise the rights and remedies under this paragraph All direct, indirect and consequential costs of OWNER
in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to
reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may
make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but
not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs
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and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or
replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the
Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of
OWNER's rights and remedies hereunder.
Neglected Work by CONTRACTOR
13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents,
including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit
a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen
and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put
the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective
action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work
and have the Work done by others. The cost of completion under such procedure shall be charged against
CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract
Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR
are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs
to OWNER of associated inspection, construction management and resident engineers shall be identified to
CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress
payments and will be incorporated into a form of application for Payment acceptable to Project Manager.
Progress payments on account of Unit Price Work will be based on the number of units completed
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date established for each progress payment (but
not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application
for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the
application and accompanied by such supporting documentation as is required by the Contract Documents.
If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered
and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also
be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the
materials and equipment free and clear of all liens and evidence that the materials and equipment are covered
by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which
will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the
final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be
as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment
covered by any Application for Payment, whether incorporated in the Project or not. will pass to OWNER no
later than the time of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or
return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit
the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for
payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount
recommended.
14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment
will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site
observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF-
ESSIONAL's review of the Application for Payment and the accompanYing data and schedules, that the Work
has progressed to the point indicated; that. to the best of PROFESSIONAL's knowledge. information and
belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the
Work as a functioning whole prior to or upon Substantial Completion. to the results of any subsequent tests
called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price
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Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that
CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such
payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous
on-site inspections have been made to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be
other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by
OWNER or OWNER to withhold payment to CONTRACTOR.
14.6. PROFESSIONAL's recommendation of final payment will constitute an additional
representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being
entitled to final payment as set forth in paragraph 14.13 have been fulfilled.
14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in
PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL
may also refuse to recommend any such payment. or, because of subsequently discovered evidence or the
results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent
as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because
14.7.1. the Work is defective, or completed Work has been damaged requiring correction or
replacement.
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order.
14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with
paragraph 13.14. or
14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated
in paragraphs 15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims
have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or
Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set
against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a
copy to PROFESSIONAL) stating the reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR
shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except
for items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a
certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If
PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify
CONTRACTOR in writing giving the reasons therefor If PROFESSIONAL cor,siders the Work substantially
complete, PROFESSIONAL will prepare and deliver to OWNER a tentatve certificate of Substantial
Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a
tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after
receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any
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provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes
that the Work is not substantially complete, PROFESSIONAL will, within fourteen days after submission of
the tentative certificate to OWNER notify CONTRACTOR in writing stating the reasons therefor If, after
consideration of OWNER's, objections, PROFESSIONAL considers the Work substantially complete,
PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a
definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or
corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after
consideration of any objections from OWNER At the time of delivery of the tentative certificate of Substantial
Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to
division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to
security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing
the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be
binding on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct
items on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which
(i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL. and
CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by
OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the
remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the
following:
14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be ready for its intended use and substantially complete.
If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the
Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion
for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that
CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete
and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within
a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an
inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider
that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR,
in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially
complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial
Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.
14.10.2. OWNER may at any time request CONTRACTOR, in writing. to permit OWNER to take over
operation of any such part of the Work although it is not substantially complete. A copy of such request will
be sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion. and
PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final
payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the
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Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be
completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written
recommendation as to the division of responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and
guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time
when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed
PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work,
OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to
complete other related Work.
14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion
thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will
notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete
or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi-
ciencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of
PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance
and operating instructions, schedules, guarantees, bonds. certificates or other evidence of insurance required
by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may
make application for final payment following the procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety,
if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER)
of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and
as approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of
CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which
a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with
the Work for which OWNER or OWNER's property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full,
CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against
any lien.
14.12.1. No application for final payment will be accepted by OWNER until approved as-built
documents by CONTRACTOR are accepted and approved by PROFESSIONAL.
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14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER
and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider,
Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of
them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of
nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors,
indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or
supplier or material men or laborer services in connection with this project.
14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any
damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the
work required by these contract documents.
Final Payment and Acceptance:
14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final
inspection and PROFESSIONAL's review of the final Application for Payment and accompanying
documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled,
PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate
in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for
payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR
that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the
application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in
which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the
presentation to OWNER of the application and accompanying documentation, in appropriate form and
substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount
recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and
if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for
Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment
of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be
held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract
and if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of
the balance due for that portion of the Work fully completed and accepted shall be submitted by
CONTRACTOR to PROFESSIONAL with the application for such payment. Such payment shall be made
under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. Neither recommendation of any progress or final
payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor
any payment by OWNER to CONTRACTOR under the Contract Documents. nor any use or
occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER
nor any failure to do so, nor any review and approval of a Shop Drawing or sample
submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to
paragraph 14.13, nor any correction of defective Work by OWNER will constitute an
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acceptance of Work not in accordance with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents
(except as provided in paragraph 14.16).
Waiver of Claims:
14.16. The making and acceptance of final payment will constitute:
14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from
unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply
with the Contract Documents or the terms of any special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made
in writing and still unsettled.
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ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will
fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed.
CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time,
or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as
provided in Articles 11 and 12.
Termination For Cause:
15.2. Upon the occurrence of anyone or more of the following events:
15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code
(Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or
similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating
to the bankruptcy or insolvency;
15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now
or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief
against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or
Insolvency;
15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors;
15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law
or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the
purpose of enforcing a Lien against such property or for the purpose of general administration of such property
for the benefit of CONTRACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due;
15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;
152.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or
15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract
Documents.
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to
the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude
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CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and use the same to the full extent they could be used by
CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all
materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are.
stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall
not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract
Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited
to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and
arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as
to reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights
or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work
performed.
15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially
determined that there was no cause for termination, the termination for convenience provision will be the
means for disposition of the balance of the contract obligations.
Termination for Convenience
15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER
may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the
Contract. In such case. CONTRACTOR shall be paid (without duplication of any items):
15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such
Work;
15.4.2. For expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials or equipment as required by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.5. Where CONTRACTOR's services have been so terminated by OWNER. the termination will
not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability
CONTRACTOR May Stop Work or Terminate:
15.6. If through no act or fault of CONTRACTOR. the Work is suspended for a period of more than
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ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails
to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days
to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working
days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not
remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER
payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty
days after it is submitted or OWNER has failed for thirty-one calendar days after it is submitted to pay
CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice
to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude
CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract
Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the
obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without
delay during disputes and disagreements with OWNER.
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ARTICLE 16--DISPUTE RESOLUTION
16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or
both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the
commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers
pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but
shall state the facts surrounding the claim in sufficient detail to identify the claim. together with its character
and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not
presented within the time limit specified in this paragraph shall be deemed to have been waived. except that
if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its
commencement, the claim will be considered only for a period commencing ten (10) working days prior to the
receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to
CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR
arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia
Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract
consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right
to contest same.
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ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it
will be deemed to have been validly given if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified
mail, postage prepaid, to the last business address known to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed
to exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will
be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall
constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of
any error, omission or act of the other party or of any of the other party's employees or agents or others for
whose acts the other party is legally liable, claim should be made in writing to the other party within a
reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or
repose.
174. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto. and, in particular but without limitation, the warranties, guarantees
and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 1314, 14.3 and 15.2 and all
of the rights and remedies available to OWNER and PROFESSIONAL thereunder. are in addition to, and are
not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy
to which they apply. All representations, warranties and guarantees made in the Contract Documents will
survive final payment and termination or completion of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this
Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of
five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right
to audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during
the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall
be conducted only during normal business hours. OWNER, during this period of time, shall also have the right
to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the
aforesaid records and supporting documentation
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17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of
the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the
Contract Documents shall control.
17.7. Notwithstanding any provision of the law to the contrary, tre parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and
CONTRACTOR specifically waives any claim to same.
Substitutions:
17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of
materials that are not determined to be equivalent to those indicated or required in the contract documents
without an amendment to the contract.
Sanitary Sewer Overflow Prevention:
17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction:
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to
waters of the State is a violation of Georgia Water Quality Regulations and ,s prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This
plan will include a list of key personnel with 24-hour contact information who will respond during an emergency
situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any
changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT
REPRESENTATIVE prior to implementation.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction. bypassing plans
and supporting calculations must be submitted to the Augusta Utilities Department for review prior to
establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if
failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the
State.
17.94 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation
and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to
waters of the State.
17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following
actions:
1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater.
2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT
PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction
conference).
3. Maintain a chronicle of relevant information regarding the incident including specific actions taken
by the CONTRACTOR and estimates of the discharge volume.
17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia
Environmental Protection Division (800.2414113) and the Augusta Emergency Management Agency if
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appropriate.
17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the
CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities
Department will undertake necessary actions to abate an overflow Situation. The cost of these actions will
be the responsibility of the CONTRACTOR.
17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted
by the Utilities Department to assess potential mitigation measures that may be required of the
CONTRACTOR.
PROGRAM MANAGER:
17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta,
GA 30901.
The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite
representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel
in any way responsible for those duties that belong to OWNER and / or the CONTRACTOR or other entities,
and do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities,
including, but not limited to, all construction methods, means, techniques. sequences. and procedures
necessary for coordinating and completing all portions of the construction work in accordance with the
construction Contract Documents and any health and safety precautions required by such construction work.
PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control
over any construction contractor or other entity or their employees in connection with their work or any health
or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or
safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM
MANAGER's own personnel.
The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing
to OWNER a greater degree of confidence that the completed construction work will conform generally to the
construction documents and that the integrity of the design concept as reflected in the construction documents
has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither
guarantees the performance of the construction contractor(s) nor assumes responsibility for construction
contractor's failure to perform work in accordance with the construction documents.
For this AGREEMENT only, construction sites include places of manufactLre for materials incorporated into
the construction work, and construction contractors include manufacturers of materials incorporated into the
construction work
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SECTION SGC
SUPPLEMENTAL GENERAL CONDITIO:\5
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CONTRACTOR'S Liability Insurance
Insurance shall be written with limits of liability shown below or as required by law, whichever
is greater:
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. Commercial General Liability (per occurrence) Each Occurrence
. General Aggregate
. Products
. Personal & Adv Injury
. Fire Damage
. Automobile Liability (any auto) Combined Single Limit
. Excess Liability (Umbrella) Each Occurrence
. Workers Compensation
. Employer Liability
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$1,000,000
$ 2,000,000
$ 2,000,000
$ 1,000,000
$ 500,000
$1,000,000
$5,000,000
Statutory Limits
$ 1,000,000
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SEcrION
SC-Ol
SC-02
SC-03
SC-04
SC-05
SC-06
SC-D?
SECTION SC-D
INDEX TO SPECIAL CONDITIONS
Scope of Work
List of Drawings
Protection of the Environment
Record Drawings
City Acceptance
Specified Materials
Basis of Payment
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SECfION SC
SPECIAL CONDITIONS
SCOPE OF WORK
The project referred to in the Agreement shall consist of the following major elements or
portion thereof as outlined in each contract.
1. Install a temporary liquid lime system;
2. Demolish and dispose of the existing Lime silo and equipment therein;
3. Install the new liquid lime system on the site of the existing lime silo.
LIST OF DRAWINGS
SHEET NO.
1
2
3
TITLE
Site Plan
Demolition Plan
Construction Plan
DATE ORlGINAL
1/24/2003
1/24/2003
1/24/2003
PROTECTION OF THE ENVIRONMENT
The Contractor will carefully schedule his work to minimize the transportation of silt or
other deleterious material into the existing storm sewer on site.
RECORD DRAWINGS
The Contractor will maintain in his office one complete set of drawings (including any
supplemental sketches) pertaining to the project upon which, at the end of each day's
work any deviations from the construction lines shown thereon and all changes ordered
by the Owner will be shown accurately in red pencil. If necessary, supplemental
drawings will be made to show details of deviations or changes, and these will be kept
with the marked set. The drawings will be available to the Owner for inspection during
construction and at the completion of construction. Prior to submitting his estimate for
final payment, record dr3\'vings are to be prepared and submitted by the Contractor to
the Owner.
CITY ACCEPTANCE
NOhvithstanding any other obligations of the Contractor, he shall complete the work to
the full satisfaction of the Augusta Utilities Department. This provision shall not relieve
the Contractor of his responsibilities for guarantees.
SPECIFIED MATERIALS
Attention is drawn to the specification of certain brands or manufacturers of construction
materials on the drawings. Unless the phrase" or equal"' appears in the specification
thereon, no substitution or deviation from the product specified will be allowed.
BASIS OF PAYMENT
As explained in the section "Instructions to Bidders," pa~.ment for all items of
construction will be made at the total of the unit price stated in the Bid Schedule to the
Proposal.
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SECfION
TS-Ol
TS-02
SECTION TS-O
INDEX TO TECHNICA L SPECIFICATIONS
New Liquid Lime System
Demolition
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SECfION TS
TECHNICAL SPECIFICATIONS
NEW LIQUID LIME SYSTEM
1.1 SCOPE
Contractor shall furnish materials, equipment, and installation of a liquid Lime
tank and feed system at Groundwater Treatment Plant #1.
1.2 EQUIPMENT DESCRIITION
1.2.1 One (1) slurry tank 16,000 gallon capacity, vertical 12' diameter x 19'
high dome top, flat bottom and complete with internal baffles, hatch lid
with proper openings and tie downs. Tank and ladder shall be fabricated
from CIS with an overall tank height to top of mixer flange of 20' -8".
1.2.2 One (1) top entry mixer complete with Eurodrive motor and gear
reducer Model LSM 16-20 complete shaft and turbines and mounting
plate. Drive Series FAF87DV132M4C-KS 7 1/2 H.P'; 460V /3 phase.
1.2.3 Two (2) metering pumps. Pulsafeeder Model 7120H-SAE, 1/2 H.P., 460
volt, Hz, 3 phase, 1750 RPM motor TEFC Chern Duty enclosure, feed rate
11.7 gpm.
1.2.4 Control Panel-LS-1: Lime slurry panel shall be a 12 gauge NEMA 12.
Panel shall be pre-wired and includes complete operational systems
control components. Panel shall contain all indicating lights, on/ off
switches to operate the entire system to deliver the lime slurry system to
the process. All contacts will be terminated on a terminal strip by panel
manufacturer. All internal components are CL labeled.
Within the panel will be the following inputs and outputs:
Inputs:
Two (2) start/stop signals for the feed pumps;
One (1) start/ stop signal for the mixer;
Outputs:
Two (2) run indicator signal, 120V, for each of the lime
feed pumps;
One (1) run indicator signal for mixer;
One (1) trouble alarm indicator for system based on
motor overload phase loss of power.
1.2.5
Isolation breaker for Panel shall be a 60 amp Type M breaker/
ITED43Bo60L or equal. Pump motor shall be controlled and protected by
Allen Bradley Model AB140MC2, Type E self Protected Manual
Combination Starter with adjustable amperage breaker. Motor Protection
shall conform to lEC Circuit Breaker requirements as defined by IEC 947-
2 and UL/CSA listed.
Liquid lime feed monitoring system for the feed lines. One (1) Cater
Panel with pressure gauges, pressure switch to digital display to control
high and low pressure on each pump to meet pump protection and
monitoring requirements on the system.
Feed lines are 3/8" vinyl reinforced clear, food grade flexible tubing by
Technoflex supplied from the feed pump to the feed point.
Automatic flush as pinch valve closes.
One (1) level transducer and and transceiver by contractor.
All piping, fittings, and connections shall be Schedule 80 PVC and \.....ill
be marked with system identification consistent with ANSI AB.1.
1.2.6
1.2.7
1.2.8
1.2.9
TS-I
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-02
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1.3
INST ALLA nON OF EQUIPMENT
1.3.1 Contractor is to install and verify operation of the temporary liquid lime
system prior to removing the existing lime silo from the system.
1.3.2 Contractor is to dismantle and remove existing lime silo and equipment
inside silo and dispose of same.
1.3.3 Contractor is to grade, form, and construct a 12' x23' x12" concrete pad for
the new liquid lime system. Pad is to be 4000 psi concrete Redi-Mix with
#5 rebar 12" on center each way over entire pad. Contractor shall include
conduits for wiring and 2" PYC Schedule 80 water lines for connection to
the new liquid lime system.
1.3.4 Contractor is to install the new liquid lime system per manufacturers
requirements.
COMMISSIONING
Contractor will provide startup services for lime slurry system. Commissioning
will be performed by factory representative. Instruction shall include start up
procedure, monitoring, troubleshooting, lubrication and maintenance.
PAINT
All surfaces will be prepared and shop primed and painted. The exterior will be
painted with Time-Lock Mooxy FR High Solids Epoxy Coating #41 Series. An
additional coat of coal tar epoxy must be provided on the lower 1/3 of exterior
surfaces and bottom for additional corrosion protection.
WARRANTIES
The manufacturer shall warrant that all supplied materials and components will
function as specified and be free from defects in manufacturing, design, and
fabrication for a minimum period of one year after system is placed in operation,
not to exceed 18 months after shipment. The warranty shall cover parts and
labor.
SUBMmALS
Submit Shop Drawings demonstrating compliance with Specifications, written
installation, operation, and maintenance instructions.
1.4
1.5
1.6
1.7
DEMOLITION
2.1 Lime Storage Tank Demolition: Demolish lime silo superstructure and
equipment enclosed within completely and remove from the site. Use methods
required to complete work within limitations of governing regulations and as
follows:
2.1.1 Dispose of dismantled materials and debris promptly. On-site storage of
removed items is prohibited.
2.1.2 Remove structural elements and lower to ground by method suitable to
avoid free fall and to prevent ground impact.
TS-2
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SECTION
DWG-Ol
DWG-02
DWG-03
SECTION DWG-O
INDEX OF ORA WINGS
Site Plan
Demolition Plan
Construction Plan
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RECEIVED: 5/14/03 13:30; ->CH2M HILL; #440; PAGE 2
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MAY-14-2003 14:03
ARC PURCHASING
7068212811
P.02
. Purchasing Department
Geri A. Sims, Purchasing Director
Room 605- MWlicipal Building
530 Green!: Street - Augusta, GA 30911
(706) 821.2422 - FAX (706) 821-2811
Visit us at WWW.lIugu5tsga.gov
MEMORANDUM
Faxed
TO:
All Bidders
FROM:
Geri A. Sams
DATE:
May 13, 2003
SUBJ:
ADDENDUM #1
BID ITEM #03-078
Ground Water Treatment Plant #1 Lime Silo Demolition/Installation
Please note the addition to you bid package:
See attachment.
You ~ acknowledge receipt of addendum in your bid package.
If you have any questions regarding this correspondence, please contact me at
(706) 821-2422.
Cc:
Walter Hornsby
Brenda Bryd-Pelaez
Max Hicks
Jim Rush
Augusta, Georgia Equal Opportunity
Augusta, Gcorbria Human Resources
Augusta Georgia Utilities
CH2M Hill
OJ-C78 #1
05/1412003
MAY-14-2003 14:48
ARC PURCHASING
7068212811
P.03/09
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Addendum No.1
Groundwater Treatment Plant #1 Lime Silo Demolition/Liquid Lime Installation
Augusta Utilities Department
Date: May 13,2003
Item Reference
Pa~~/Sheet No. C omm~ts-O uestions/ResDon se-s
1 N/A What Is the property address for this project?
The physical site location [or GroundwatCT Treatment Plant #1 is 2760 Peach
Orchard Road.
2 N/A What is the capacity of tbe existing lime silo? Will the existing lime silo be
emptied prior to the demolition contractor arriving to the site?
'Ibe capacity of the existing lime silo is approximately 20,000 gallons. The eXisting
lime silo will not be completely empty, but the Owner will make every effort to see
that there is a minimum amount oflime in the tank when the demolition is
scheduled to take place.
3 Agreement Replace the Agreement with the revised attachment.
4 Proposal Rcolace the Proposal with the revised attachment.
5 Agreement / The Contract Duration has been extended to 180 days to include the submittal
Proposal approval period after the Notice To Proceed.
Ii N/A Is the Owner responsible for connecting the New Liquid Lime System to the
required utilities'!
No, the intent of this speciflcation is to make the Contractor responsible for all
aspects of the New Liquid Lime System to make it complete and operational.
Utility connections must be made according to local standards. Finished water is
available aproximately 175 feet from a 24" ductile iron pipe. Power is available in
the building adjacent to the existing lime silo.
7 N/A Who can interested Contractors contact for further site inspections?
Contact Debra Bcazl~ at (706) 796-5012.
8 N/A Whnt is the capacity of the lime silo being demolished?
The existing lime silo is approximately 33 fee! from the ground to lhe top of the
tank with a 10.5 foot outside diameter.
9 N/A Since the new sy!)'tem shan be liquid chemical will a spill containment area
around the new system be required by the Owner?
No, not at this time.
OJ.078 #12
05/1412003
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P.04/09
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10 TS-2 Will the current slab be sufficient in size and thickness to support the new
system'! If not what will be the correct engineered slab si7.e and thickness?
And also the coned sJab reinforcement requirement.
See Section 1.3.3 in the Tet:hnica] Specifications for the slab requirements in the
existin~ specifications.
II N/A During period.Ii of silo demolition and equipment unloading/installation will
access to the worksitc be allowed beyond normal work hours in order to
economically perform the work?
Yes, but the work must be scheduled at least 48 hours prior to the anticipated
construction activity.
12 N/A Since this project is in excess of $25JOOO will the owner enforce the State Laws
of Georgia and require all bidders submitting a bid package for this project to
be Licensed Utility Contractors at the time of the bid? Also, will it be required
to state the Contractors license number on the exterior of the bid envelope
and will the Contractor'!lliccnse number be read aloud to all responsive
bidders before opening any bid for this project'!
Yes, the company must be a licensed utility contractor. The contractor's license
number must be on the outside of the envelope but thc number will not be read
aloud durin~ the oDeninQ: of responses.
13 N/A Will the Owner issue a written statement in the addendum that no special
permit conditions exi~i?
The Contractor is responsible for pennits identified in the General Conditions of
the Contract Documents.
14 N/A Since the pn~..bid meeting was mandatory will bids be re!itricted to the
companies as listed by the attendees? Tn other words, is it possible to attend
for one company or as one company representative and then bid under
another compan)' name on the bid date'?
Responses will onlY be opened from those companies who were represented at the
mandatory pre-bid meeting. Any submittal sent in by a compay not represented by
that company name will be returned unopened.
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03-078 M12
05/14/2003
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P.05/09
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Section A
Agreement
Tl-llS AGREEMENT, made on the __ day of , 20._-, by and between
AUGUST A, GEORGIA, BY AND THROUGH THE AUGUST A-RICHMOND COUNn' COMMISSION,
party of the first part, hereinafter called the OWNER, and
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the CONTRACTOR and the OWNER, for the considerations hereinafter
named, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The CONTRACrOR hereby agrees to furnish all of the materials and all of the equipment and
labor necessary, and to perform all of the work shown on the plans and described in the specifications for the
project entitled:
Groundwater Treatment Plant #1 Lime Silo Demo litionIL iquid Lime Sl/stem Installation
and in accordance with the requirements and provisions of the Contract Documents as defined in the General
and Special Conditions hereto attached, which are hereby made a part of this agreement.
ARTICLE II - TIME OF COMPLETION/UOUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within 10 calendar days
after the date of written notic!:! by the OWNER to the CONTRACTOR to proceed. All work shall be
completed within 180 calendar days with all such exrensions of time as are provided for in the General
Conditions.
It is hereby understood and mutually agreed, by and between the CONTRACTOR and the
OWNER, that the date of beginning, rate of progress and the time for completion of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract. CONTRACTOR agrees that said work shall be
prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion
thereof within the time specified. It is expressly understood and agreed by and between the CONTRACfOR
and the OWNER, that the time for completion of the work described herein is a reasonable time for
completion of the same, taking into consideration the average climatic range and construction conditions
prevailing in this locality.
IF THE CONTHACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK
WITHIN THE TIME HEREIN SPECIFIED, then the CONTRACTOR does hereby agree, as a part of the
consideration for the awarding of this contract, to pay the OWNER the sum of two hundred and fifty and
no/l00s ($250.00) Dollars, not as a penalty, but a'i liquidated damages for such breach of contTact as
hereinafter set forth, for each and every calendar day that the CONTRACTOR shall be in default after the
time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the CONTRACTOR and the
OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages
the OWNER would, in such event, sustain, and said amounts shalI be retained from time to time by the
Owner from current periodical estimates.
It is further agreed that time is of the essence for each and every portion of this Conrract, and
the speciiications wherein a definite portion and certain length of time is fixed, if additional time is allowed
for the cumpletion of any work, the new lime limit fixed by extension shaH be the essence of this contract.
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ARTICLE I1I - PAYMENT
(A)
The Contract SUlTl
The OWNER shall pay to the CONTRACTOR for the performance of the Contract the amount
as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth
in the specifications attached hereto.
(B) Progress Payment
On no later than the fifth day of every month, the Contractor shall submit to the OWNER's
Engineer (hereinafter called, the PROFESSIONAL) an estimate cove.ring Ihe percentage of the total amount of
the Contract which has been completed from the start of the job up to and including the last working day of
the preceding month, together with such supporting evidence as may be required by the Owner and/ or the
Professional. This estimate shall include only the quantities in place and at the unit prices as set forth in the
Bid Schedule.
On the vendor run following approval of the invoice for payment, the OWNER shall after
deducting previous payments made, pay to the CONTRACTOR 90% of the amount of the estimate on units
accepted in place. The 10% retained percentage may be held by the OWNER until the final completion and
acceptance of all work under the Contract.
ARTICLE IV - ACCEPl'ANCE AND FTNAL PAYMENT
(A) Upon receipt of written notice that the work i<; ready for final inspection and
acceptance, the Professional shall within 10 days make such inspection, and when he
finds the work acceptable under the Contract and the Contract fully performed, he
will promptly issue a final certiJicate, over his own signature, stating that the work
required by this Contract has been completed and is accepted by him under the
terms and conditions thereof, and the entire balance found to be due the
CONTRACTOR, including the retained percentage, shall be paid to the
CONTRACTOR by the OWNER within 15 days after the dare of said final certificate.
(B) Before final payment is due, the CONfRACTOR shall submit evidence satisfactory to
the Professional that all payrolls, material bills, and other indebtedness connected with work have been paid,
except that in case of disputed indebtedness of liens of evidence of payment of aU such disputed amounts
when adjudicated in cases where such payment has not already been guaranteed by ~urety bond.
(q The making and acceptance of the final payment shall constitute a waiver of all
claims by the OWNER, other than those arising from unsettled liens, from faully work appearing within 12
months after final payment, from requirements of the specifications, or from manufacturers guarantees. It
shall also constitute a waiver of all claims by the CONTRACTOR except those previously made and still
unsettled.
(D) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the CONTRACTOR, and the Professional. so certifies, the OWNER
shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance
due for that portion of the work fully completed and accepted.
Each payment soalI be made under the terms and conditions governing final payment, except
that it shall not constitute a waiver of claims.
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MAY-14-2003 14:49
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P.08/09
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SECTION P
PROPOSAL
DATE:
Gentlemen:
In compliance with you invitation for bids, the undersigned hereby proposes to furnish all tabor, equipment and
materials, and perform all work for the project referred to herein as:
Groundwater Treatment Plant #1 Lilll~ Silo Demo/irionILinllid Lime System Installati()1I
In stricllH;cordance with the Contract Documents and in consideration of the amounts shown on the bid schedule attached
hen.:to and totaling:
and
/100 dollars C___.
).
The undersigned hereby agrees that, upon wrillen acceptance of this bid, he will within] 0 days of receipt of such
notice execute a fomlal contract agreement wilh the Owner, and that he will provide the bond or guarantees required by
the contract documents.
The undersigned hereby agrees that, jf awarded the contTact, he will commence lhe work within Ten (10) calendar
days after the date of WTinen notice to proceed, and that he will compete tI1e work within One Hundred and Eighty (180)
calendar days after the date of stich notice.
The undersigned acknowledgcs n:ccipt of the following addenda:
Addendum No. Addendum Date
Enclosed is a bid guarantee consisting of
in the amount of
Respecttully Submined,
firm
Address
BY: ._. ..__.____._.__ .._....____._.___.__.__
TITLE: __ ___._______..._.__.___.____._
MRY-14-2003 14:49
RRC PURCHRSING
7058212f::l11
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BID SCHEDULE
TO ACCOMPANY THE PROPOSAL OF
BIDDER:
ADDRESS:
ITEM NO. DESCRIPTION Quantity Unit Unit Cost AMOUNT
1. Temporary Liquid Lime 1 LS
System Installation
2. Lime Silo Demolition and 1 LS
Removal
3. New Liquid Lime System 1 LS
Installation
--.--.
Grand Total $
P-2
TOTAL P. 09