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Home My WebLink AboutHorseshoe Road Sanitary Sewer Extension Augusta Richmond GA DOCUMENT NAME: f40,zSE s.I-\O~ 4(0,41;) g AN IT-Arzy .S; l;;We:(<... . .l::XTLE~SfON . DOCUMENT TYPE: LON t1<-ACI YEAR: 1 q C1 <6 BOX NUMBER: to FILE NUMBER: \ ~~ S- I NUMBER OF PAGES: <;sS- I. I I .- I I I I I I I I I I I I I I I CONTRACT DOCUMENTS FOR HORSHOE ROAD SANITARY SEWER EXTENSION PROJECT: ARC U-94-04 BETWEEN AUGUSTA-RICHMOND COUNTY COMMISSION . AND MABUS CONSTRUCTION CO., INC. OCTOBER 22, 1998 PREPARED BY: SOUTHERN PARTNERS~ INC. ENGINEERING - SURVEYING - LAND PLANNING 1233 AUGUSTA WEST PARKWAY AUGUSTA, GEORGIA 30909 (706) 855-6000 I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS HORSESHOE ROAD SANITARY SEWER EXTENSION. Project: ARC #U-94-04 SECTION Special Conditions Agreement General Conditions Supplementary Conditions Technical Specifications Site Work Excavation, Filling & Backfilling Concrete Sanitary Sewer and Appurtenances Grassing Proposal Insurance Documents PAGES SP-l thru SP-6 A-I thru A-4 1 thru 32 SC-l thru SC-2 TS-l TS-5 TS-I0 TS-ll TS-27 P-l thru P-2 I-I thru 1-2 I I I I I I I I I I I I I I I I I I I SPECIAL CONDITIONS SCOPE: This project covers the installation of approximately 10,658 LF of sanitary sewer with the associated manholes, services, and appurtenances in accordance with the attached plans and these specifications. The contractor shall supply all materials, equipment, labor, supplies and supervision necessary to properly complete this project as specified. The contractor is responsible for obtaining all permits and licenses, paying all fees and complying with all local, state and federal requirements. SPECIFICATIONS: This project is based on and shall ,be constructed in accordance with the state of Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges, 1993 Edition, the Richmond County Water and Sewer Standard Specifications OSHA requirements, and the attached specifications. All of these specifications shall be considered as though fully contained herein. In all cases where conflicts arise within these specifications, they wil.l be revised to resolve such conflict. Untjl the conflict is resolved, the adherence to the application of the .stricter of the specifications shall control the situation. DE TAILS: Standard drawings of Georgia Department of Transportation and Richmond County Water and Sewer Department will be used for .all detail work unless otherwise specified. RIGHT OF WAY: The contractor shall not perform any work outside the limits of the right of way except where specific additional easements are shown. In addition, no. equipment or material shall be placed outside the right of way without written permission of the property owner and the Engineer's Representative. DESIGN ALTERNATIONS: The County recognizes the various changes in design, along with added detail drawings may be made as the project progresses. Any requests for addi tionalpayment will be processed based on actual work in place and the unit' prices submitted as a part of this bid. Items not covered shall be priced separately and no work will be done on these items until approved, in writing by the County's authorized represent~tive. SP-1 I I I I I .1 I I I I I I I I I I I I I DRIVEWAYS: All driveways shall be repaired in kind. payme~t for this work is included in the item Lump Sum Construction. PIPE: . The installation of the pipe shall include all excavation, materials, placement; fittings, connections, backfill, testing and acceptance. It shall also include removal of existing pipe. PVC sewer pipe'meeting ASTM D304, SDR 35 shall be used for all pipe except where specified otheiwise. Ductile iron pipe shall be used in the following locations: a) When the sewer will be within 2 feet vertically of a storm sewer pipe or ditch bottom. b) When the cover above the pipe is less than 4 feet. c) The last joint of pipe into a manhole with any drop greater than one foot. d) The construction of an inside drop. e) For all 20" and 24" sanitary sewer pipe. PRECONSTRUCTION: A pre-construction meeting wi~l be held to discuss the procedures to be followed. Date and time of this meeting will be set after award of the bid. FIELD LOCATION: All items shall be located in the field and confirmed with the County Representative before they are excavated or installed. ROAD CUTS: All work shall be by open cut due to critical grades. The contractor shall repair the road as specified by Richmond County Department of Public Works in accordance with the conditions of the utility encroachment permit.. The contractor must obtain the permit before beginning construction. This requires an overlay of the entire roadway width for a distance of 25 feet beyond each end of the cut. No extra payment will be made for the overlay beyond the end of the cut. The contractor shall repair the cut prior to the overlay in accordance with the standard cut repair specified by Richmond County. SP-2 ~ .... . '.~ Bond No. B2923510 RELIANCE INSURANCE COlVlPANY HEAD OFFICE: PHILADELPHIA, PENNSYLVANIA PERFORMANCE BOND The American Institute of Architects, AlA Document A311, February 1970 Edition. KNOW All MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Mabus Construction Company, Inc., 916 Molly Pond Road, Augusta, Georgia 30901 as Principal, hereinafter called Contractor, and, RELIANCE INSURANCE COMPANY, a corporatio'nof the-State-of Pen'nsylvania, with its Head Office at Philadelphia, Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Augusta-Richmond County Commission, 530 Greene Street, Room 605, Augusta, Georgia 30911 as Obligee, hereinafter called Owner, in the amount of Eight Hundred Eighteen Thousand, Two Hundred Eighty-Eight and 63/100 - - Dollars ($ 818,288.63 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, adm!nistrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for .,/ Horseshoe Road Sanitary Sewer Extension, Augusta, Georgia Project: ARC U-94-04 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) Southern Partners, Inc., 1233 Augusta West Parkway, Augusta, Georgia 30909 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety.hereby waives notice of any alteration or extension of time made by the Owner. Whenever the 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 or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as. used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendm~pts t~ereto,. le~s the amount properly paid by Owner to Contractor. /". ..,~' .~:: ~ "'" ..... ;r Any suit under this bond must be instituted before the expiration of two (2) years from the date on which:fir:lal payme-nt.under"fhe contract falls due. : ~ .,' r v:;-:-~ ._~,;,:':- :' No right of action shall accrue on this bond to or for the use of any person or corporation other than the\Oyvne.r: hamecj;tler.ei.n or.:: the heirs, executors, administrators or successors of Owner. \ ,'., ,.. ~:": . .'~ .- . - , . .' u ....." -, - - 19 """ Signed and sealed this day of <' ~cnu~thJ . ~~A1~~ Performance Bond (W'tnes~OUNTERSIGNED. C. ~.?~ Revised to February, 1970 . . , ,- 67 5B 5715ax (1) Printed in U.S.A. BY. \ - . -- - BOR-2304 ED, 7-71 RESID:NT i'-\;JENT Inc (Seal) ~,,\~~:\ ~\"~~:~~'.~~-~~~: ~ -~J~ .... ......'#' '" ~ ~-..,. ~ ....,...... 1"" -I, /. ~~'0_ ... ...... ~ . RELIANCE INSURANCE CO:MPANY PHILADELPHIA, PENNSYLVANIA LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects, AlA Document A311, February 1970 Edition. ,~ ~ 1., :T - "..' ~f;"i-:\ THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF..:q-./;l!~' ,.:.'" OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CON:f8AGT . .... -.... .. - '-..., .. \. ~j :: f ~~~ ~~\.. KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) \~ ";;~". __' .' \' 4:n. ~>t'-~~ 3090}',~ :" " .....,.... Mabus Construction Company, Inc., 916 Molly Pond Road, Augusta, Georgia as Principal, hereinafter called Principal, and RELIANCE INSURANCE COMPANY, a corporation of the State of Pennsylvania, with its Head Office at Philadelphia, Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Augusta-Richmond County Commission, 530 Greene Street, Room 605, Augusta, Georgia 30911 - as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Eight Hundred Eighteen Thousand, Two Hundred Eighty-Eight and 63/100 - - Dollars ($818,288.63 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 Owner fur Horseshoe Road Sanitary Sewer Extension, Augusta, Georgia Project: ARC U-94-04 , entered into a contract with in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) Southern Partners, Inc., 1233 Augusta West Parkway, Augusta, Georgia 30909 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 Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. :luew!elO ^ue ^q JapUnaJa4 paouawwoo aq lIe4s uo!pe JO l!nS oN 'S .Jao!!!o O!lqnd e ^q apew aq lOU paau aO!AJas 40ns le4l a^es 'paleoOI S! pa[oJd P!esaJO~e a4l 40!4M U! alels a4l U! pa^Jas aq ^ew ssaooJd le5al 40!4M U! Jauuew ^ue U! pa^Jas JO 'ssau!snq ~o uOllOeSueJl a4l JOJ paulelU!eW ^peln5aJ S! ao!!!o ue aJa4M aoeld ^ue le 'i\laJnS JO JauMO 'led!oUPd a4l Ol passaJppe adOla^Ua ue U! 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(ssau~!M) . ..~~~~W '" ^8' A"- lOel',!l!'^auJou'V \::-. ~N=!j: _ '!i.._.~. .~./ ~A8 'd "\. / ." .___ . ... .' . .. 03N8ISCl3:,LNnOj ~L-L'G3 - 'Vl>OCG"tjGS Ys'n U! paluPd (G) lCeSW; SS OL6 ~ 'AJeiuqa:! 01 pas!^atj pUOS luaW^ed lepalev-l pue Joqel -I , J I I I I I. I I I I I I I I I I I I I I CONSTRUCTION LAYOUT: Construction layout work shall be performed by the Contractor. See Section 149 of the Standard Specifications. EXCESS MATERIAL: All excess mater~al is to be disposed of as directed by the Engineer. FINISHING AND DRESSING: All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre-existing shape and sfope and then finished and dressed. The existing creek and channels shall be maintained to carry storm water at all times except when it is necessary to work in them. At the completion of each day's work, the creek and channels shall be clear and able to handle storm water flow. At the end of the project, the contractor shall insure that the c.reek and channels are graded to flow, grassed, and fertilized in accordance with the specifications. FOUNDATION AND BACKFILL, TYPE I: Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No separate pay item will be made for this material or its placement. TRAFFIC CONTROL DEVICES: . The Contractor shall provide all temporary traffic control devices needed to safely direct traffic through the construction area. The Contractor shall replace all signs that may be moved as a result of the construction. All temporary traffic control devices are to be placed in .accordance with GA. D.O.T. Standards and Specifications. TRAFFIC DETOURS: The Contractor shall. so conduct his operations that there will be a minimum of interference with or interruption of traffic upon and along the highway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-way, alternating traffic. shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the contractor must comply with the manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. SP-3 I I I .1 I I I I I I I I I I I I I I I If detours are required, they shall be approved by Richmond County Public Works prior to implementation. TRENCH ING: This project calls for installation of IS", 20", & 24" pipe by the open-cut or trenching method. The depth of open trench varies. The work shall be so scheduled that not more than 500 feet of trench shall be open at orie time. The contractor is cautioned to use ,proper and safe construction methods in construction of this project. UTILITIES: The Contractor's attention is directed to the probability of encountering public and private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas and underground telephone cables that either are obstructions to the. prosecution of the work and need to be moved out of the way or, if not, must be properly protected during con~truction. No separate payment will be made for this work. MEASUREMENT AND PAYMENT: Measurement and payment shall be made in accordance with the Standard Specifications. on a unit price basis. The quanti ties included in the schedule of items are approximate and subject to change. All changes will be made at the unit price, as bid. SAFE TY : The Contractor shall comply with all local state and federal requirements for the safe prosecution of the work. Special-measures shall be taken to protect the property owners, their guests, children and pets. OFFICE AND TELEPHONE: The Contractor will maintain a local office and provide the Engineer with a telephone. number and address where he or his authorized representative can be reached at any time. TEMPORARY WATER: The Contractor shall furnish all temporary water connections for testing and other purposes. The Owner will supply the water at no cost to the Contractor except as may be indicated elsewhere in the specifications. SP-4 I I I I I I I I I I I I I I I I I I I SPACE CONDITIONS: All equipment, piping, etc. shall fit into available spaces and shall be installed in such a manner as to conform to the space limitations. All equipment and apparatus normally requiring operation, servicing or maintenance within the life of the system shall be made easily accessible. OPERATION AND STORAGE .AREAS: The location of all operations of the Contractor (including storage of materials) shall be approved by the Director of the Richmond County Water and Sewer Department. PRESERVATION OF EXISTING VEGETATION: The Contractor will exercise caution in protecting trees, shrubs and grass on private property contiguous to the work area. EXISTING STRUCTURES AND UTILITIES: The existence and location of structures and underground utilities indicated on the drawings are not guaranteed and shall be investigated and verified in .the field by the Contractor prior to commencement of work. The Contractor shall be respopsible for the maintenance and protection of existing utilities and structures regardless of whether or not they are shown on the drawings. AS-BUILT DRAWINGS: \ The Contractor shall furnish to the Engineer a reproducible "As-Buil t" record showing all modifications. from the Contract Drawings. These marked up sets shall include actual dimensions from permanent markers accurately locating all underground piping and clean outs. COORDINATION OF WORK WITH OWNER: The Contractor shall coordinate and schedule his work such that no conflict will exist with the Owner in the operation of his facilities. OTHER: All items of construction included on the plans and not specifically covered elsewhere shall be paid for as a part of Lump Sum Construction. SP-5 I I I I I I I I I I I I I I I. I I I I 6" SERVICES: 6" Services shall be installed at the unit price as bid, with one cleanout for each service. The location of services shall be determined in the field by the Owner's representative. The unit price includes all labor, pipe, fittings (wyes, plugs, etc...), excavation, backfill, pavement repair, boring or other work and material required to install these services. SP-6 I I I I I. I I I '1 I I I I I I I I I I SECTION A AGREEMENT -a THIS AGREEMENT, made on the fP day of fJ-t:i-~ and between Augusta-Richmond County Commission the first part, and Mabus Construction Co., Inc. called the CONTRACTOR. , I9~,by party of hereinafter WITNESSETH, that the Contractor and the Owner, for the consideration hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Horseshoe Road Sanitary' Sewer Extension Project: ARC U-94-04 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 - LIOUIDATED DAMAGES The work performed under this Contract shall be commenced within ~ calendar days after the date of written notice by the Owner to the Contractor to proceed. The work shall be completed within 180 working days after the. date of such notice and with such extensions of time as provided for in the General Condi tions. . It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time of completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the . Owner, that the time for the completion of the work described herein is a reasonable.time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. A-I I 'I I I I I I I I I I I I I I I I I I IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a p~rtof the consideration for the awarding of this Contract, to pay the Owner the sum of $100.00 per day, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the ~ontract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this' Contract and the specifications wherein a definite portion and "certain length of time is fixed for the performance of any act whatsoever; and.where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by 'extension shall be the essence of this Contract. ARTICLE III - PAYMENT (a) The Contract Sum The Owner shall pay to the Contractor for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in.the amount except as set forth in the specifications attached hereto. (b) Progress Payments On not later than :the fifth day of every month, the Contractor shall submit to the Owner's Engineer an estimate coveting the percentage of the total amount of the Contract which has .been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in' place and at the unit prices as set forth in the Bid Schedule. On not later than the fifteenth day of each month, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. A-2 I I I I I I I I I I I I I I I I' I I I ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (a) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days make such inspection, arid when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. (b) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or Liens the Contractor shall submit in lieu of evidence of payment a surety bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arj,lsing from unsettled liens, from faulty work appearing wi thin 12 months after final payment, from requirements of the specifications, or from m~nufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies,. the Owner shall upon certification of the Engineer, and without terminating the Contract, make payment of the. balance due for that portion of the work fully completed and accepted. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a' waiver of claims.. A-3 ";,..' ~ ):4 t. l' ;.... :") t'.~/~ ;;f,-,..., -.t.-\:~~ " -.;. . I" .' , ," r i ..1.1''''': " . "~"".")~ ' This Agreement' is intended by the Parties to~j,and does, ',.:.: supersede any and all provisions of the' Georgia Prompt'.: . Pay Act, C.C.G.A. Section 13-11-1, et seq., In the event' , any provision of' this Agreement is inconsistent ,'with any, , provision of t~e Prompt ,Pay Act, the provision of this :' Agreement shall control. ,.I ',' ".. , , . ", : ,All claims,' c1isputes' and' other matters' in:" question," , between the OWner and the Contractor arising out of or,'. relating to the Agreement, or the breach thereof, shall' 'be decided, in the' Superior 'Court 'o~. Richmond ~~ty, ", Georgia. The Contractor, by executing this Agreement ~' , specifically cOnS,ents to venue in Richmond County and '. , waives any right . to ~ontest' the venue . in the. Superior Court of Richmond County, Georgi,'a.' . '. ., ; .' Notwithstanding any provision of the law to the contrary, the parti~s agree that no interest shall be due' , Contractor on any sum held as retainage pursuant to this Agreement and, c:ontrac,tor specifiCally waive any claim to same. ' , " . . . ,I, J ~ .:.. a ' TOTi=L 'P.B2", I I I 'I I I I I I I I I I I I I I I I ;t . ,\~ - ~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counierparts, each of which shall be deemed an original, in the year and day first mentioned above. By: Title: SEAL ~ dOCIJIMn\ aw~eO as ~nCY\: ..._' mey / , / Mabus Co. , Inc. By: Ti Address: 916 Molly Pond Road Augusta, GA 30901 SEAL test: r ' ~ IQut~ witne~ A-4 / -, , " _~_, 4 -- .. I I I I I I I I I I I I I I I I I I I . GENERAL CONDITIONS I I 'I' I I I I 'I I I I I I I I I I 'I' I TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title Page DEFINITIONS ...,......... '. ...... ... ,. ... ............, ...,.... .... 7 2 PRELIMINARY MATTERS ........,.., .... .......... ....,......... 8 3 CONTRACT DOCUMENTS: INTENT. AMENDING AND REUSE......................,........ 9 4 A V AILABILITY OF LANDS: PHYSICAL CONDITIONS: REFEREN CE POINTS. . . . . . . . . . . . . . . . . . , . , . . , . . . . . . . . . . . . ; . , , . , . . . . 10 5 BONDS AND INSURANCE ........,.............................., II 6 CONTRACTOR'S RESPONSIBILITIES ............................ 14 7 OTHER WORK.................................,. ,................, 18 8 OWNER'S RESPONSIBILITIES .,.........,......................., 19 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19 10 CHANGES IN THE WORK..................................,...... . 21 II CHANG E OF CONTRACT PRICE......,........., .. .. ...... .. ..... 21 12 CHANGE OF CONTRACT TIME............,..................;... 24 13 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF D,EFECTIVE WORK........................... 24 . 14 PA YMENTS TO CONTRACTOR AND COMPLETION ,........... 26 15 SUSPENSION OF WORK AND TERMINATION .........,........ 29 16 ARB ITRA TION .........,........".....,........................... 31 17 MISCELLANEOUS... . .,. ......................................,.., 32 3 I I I I I ,I I I I I I .1 I I I I I I I INDEX TO GENERAL CONDITIONS Anicle or Paragraph Number Acceptance of Insurance ............................. 5.13 Access to the Work .................................. 13.2 Addenda-definition of (see definition of Specilications) ........................................ I Agreeme'nt-definition of ........................ ~.... :., I All Risk In'surance.... ..........:. ...... ...... ......... 5.6, Amendment. Written ..........'................... 1.3.1.1 Application for Payment-delinition of .................. I Applicatio~ for Payment. Final ...................... 14.12 Application for Progress Payment .................... 14.2 Application for Progress Payment-review of ,... 14.4-14.7 Arbitration ..........:.................................. 16 Authorized Variation in Work......................... 9.5 Availability of Lands ....,...... '. . . . . .. .. . . .. . . . . . . .. .. 4.1 Award. Notice of -defined .............................. I Before Starting Construction ...................... 2.5-2.7 Bid-definition of .................,..................... I Bonds and Insurance-in general ........................ 5 Bonds--<lefinition of . . . . . .. . . . . ... . .. . . ... .. . . . . . . ; . . . . .. I ~onds. Delivery of ............................... 2.1,5.1 Bonds. Performance and Other.................... 5.1-5.2 Cash Allowances ..................................... 11.8 Change Order-definition of ............................. 1 Change Orders-to be executed ....,................. 10.4 Changes in the Work ........,.......................... 10 Claims, Waiver of -on Final Payment ............... 14.16 Clarilications and Interpretations ...............,...... 9.4 Cleaning ...............................,............. 6.17 Completion........... ............... ..... ,........ ."... 14 Completion. Substantial ......................... 14.8-14.9 Conference. Preconstruction' .......................... 2.8 Conflict. Error. Discrepancy-Contractor to Report ...................................... 2.5. 3~3, Construction Machinery, Equipment, etc. ............. 6.4 Continuing Work ..................................... 6.29 Contract Documents--amending and supplementing ........"........................ 3.4-3.5 Contract Documents--<lefinition of .,..................... I Contract Documents-Intent ...................... 3.1-3.3 Contract Documents-Reuse of ....................... 3.6 Contract Price, Change of ......................,....... 11 Contract Price-,-delinition ..,.............,.............. 1 Contract Time. Change of .............................. 12 Contract Time. Commencement of .................... 2.3 Contract Time-definition of ............................ 1 Contractor-detinition of ............. ~ . . . . . . . . . . . . . . . . .. 1 Contractor May Stop Work or Terminate............. 15.5 Contractor's Continuing Obligation............,..... 14.15 Contractor's Duty to Report Discrepancy in Documents.................................. 2.5, 3.2 Contractor's Fee-Cost Plus ... 11.4.5.6. 11.5.1. 11.6-11.7 Contractor's Liability Insurance................,...... 5.3 Contractor's Responsibilities-in general .,.........,..., 6 Contractor's Warranty of Title ........................ 14.3 Contractors--other .....;,............................:.. 7 Contractual Liability Insurance........................ 5.4 Coordinating Conrractor-detinition of ................ 7.4 Coordination .......................................... 7.4 Copies of Documents..................... .. ..... ...... 2.2 Correction or Removal of Defective Work ........... 13.11 Correction Period. One Year ........................ 13.12 Correction. Removal or Acceptance of Defective Work-in general ............:.............. 13.11-13.14 Cost~net decrease..............:....:......... . . .. 11.6.2 Cost of Work. .. .. . . .. .. .. .. .. .. .... . .. .. .. . . . . .. 11.4-11.5 Costs. Supplemental ...;.......................... .. 11.4.5 Day-definition of ............................... . . . . . . .. 1 , Defecrive-definition of ................................., ,I Defective Work. Acceptance of................... ... 13.13 Defective Work. Correction or Removal of ........,. 13.11 Defective Work-in general ............... 13.14.7,14.11 Defective Work, Rejecting..................... ........ 9.6 Definitions ..."....,............"....................... 1 Delivery of BODds ....:................................ 2.1 Determination for Unit Prices ........................ 9.10 Disputes, Decisions by Engineer.. .. . . .. . . .. .. . ., 9.11-9.12 Documents. Copies of ................................. 2.2 Documents. Record ........................... .'...... 6.19 Documents. Reuse ........:........................... 3.6 Drawings--definition of .....,....,...................... 1 Easements ..,...,..................................... 4.1 Effective date ofAgreemenr-definition of.............:. 1 Emergencies ......... " . . . .. .. ... .. . . . . . . . . . . . . . . . . . .. 6.22 Engineer-definition of .................................. 1 Engineer's Decisions ............................ 9.10-9.12 Engineer's-Notice Work is Acceptable ............. ] 4.13 Engineer's Recommendation of Payment ...... 14.4,14.13 Engineer's Responsibilities, Limitations on ................,................. 6.6. 9.11. 9.13-9.16 Engineer's Status During Construction-in general ...... 9 Equipment. Labor, Materials and ............. ..... 6.3-6.6 Equivalent Materials and Equipment ..,.,............. 6.7 Explorations of physical conditions. . . . . . . . . . . . . . . . . .. 4.2 Fee, Contractor's--Costs Plus,..........,..... .. ..... 11.6 Field Order-definition of ............................... 1 Field Order-issued by Engineer...,...,........ 3.5.1, 9.5 Final Application for Payment....................... 14.12 Final Inspection ............ ,: ..... .. .. . .. . .. . . . . . .. .. 14.11 Final Payment and Acceptance ...................... 14.13 Final Payment. Recommendation of ........... 14.13-14.14 General Provisions .............................. 17.3-17.4 General Requiremenrs--delinition of. . . . . . . . . . . . . . . . . . . ., 1 General Requirements-principal references to .,............... 2.6. 4.4, 6.4. 6.6-6.7, 6.23 4 I I 'I I I I 'I 1 1 I I 1 I :1 I I I I' I Giving Notice ......................,...............,. 11.1 Guarantee of Work-by Contractor.,................. 13,1 Indemnification. .. .......... ................ 6.30-6.32, 7.5 Inspection, Final ...............................,.,.. 14,11 Inspection. Tests and................................. 13.3 Insurance. Bonds and-in general ....................... 5 Insurance, Certificates of ...:...............,.... . " 2.1, 5 Insurance--completed operations.,.,...,....... . ...... 5.3 Insurance, Contractor's Liability...,.........,..:..... 5,3 Insurance, Contractual Liability,...........,......".. 5,4 Insurance, Owner's Liability..:....".........,...".., 5,5 Insurance, Property.. .'..................,...,.... 5,6-5,13 Insurance-Waiver of Rights .......,................. 5.11 lntent of Contract Documents .,..........,.','.. 3,3, 9.14 lnterpretations and Clarifications ......".............. 9.4 Investigations of physical conditions. ............ ...... 4,:; Labor. Materials and Equipment .................. 6.3-6,5 Laws and Regulation~efinition of '...,...... , , . . . . . . .. 1 Laws and Regulations-general.....,................. 6.14 Liability lnsurance-Contractor's ..................... 5,3 Liability lnsurance-Owner's ...,..........,.,........ 5.5 Lien~efinitions of ........,....."..........,..... 14.2 Limitations on Engineer's Responsibilities..................... 6.6,9.11. 9.13-9,16 Materials and equipment-furnished by Contractor ..,. 6.3 Materials and equipment-not incorporated in Work ......................,....... 14.2 Materials or equipment-equivalent ..............,.... 6.1 Miscellaneous Provisions ,.............................. 11 Multi-prime contracts ........,.......................... 1 Notice, Giving of ... .....,' ..'.. .........."............ 11.1 Notice of Acceptability of Project ,..............".. 14,13 Notice of Award-definition of .......................... I Notice to Proceed-definition of .........,...... ... .....; 1 ' Notice to Proceed-giving of ."..........".........., :;.3 "Or-Equal" Items.....,......................... ...... 6.'7 Other contractors ........,.........,.............,...,.. 1 Other work ..,...,............. , . . , . . . . . . . . . . . , . . . . . . . . ., 1 Overtime Work-prohibition of . ,. " .. .. .. ., . . . , . . .. . ., 6,3 Owner-definition of .....................,.......,...", I Owner May Correct Defective Work.,..,...,.,...... 13,14 Owner May Stop Work... , . , .. .... ... . . . .. '... , , . . .:. 13.10 Owner May Suspend Work, Terminate..,...".. 15.1-15.4 Owner's Duty to Execute Change Orders...... . . ..... 11.8 Owner's Liability Insurance ..,.......,.......,........ 5.5 Owner's Representative-Engineer to serve as .....:.. 9.1 Owner's Responsibilities-in general ,.....,.......... '" 8 Owner's Separate Representative at site,.."."......, 9,3 Partial Utilization ..........................,....... 14,10 Partial Utilization-definition of ........................, I Partial Utilization-Property Insurance...,..".,.,... 5,15 Patent Fees and Royalties .................,.....,..., 6. I:; Payments. Recommendation of ....,:..... 14.4-14.1. 14,13 Payments to Contractor-in general ,...,.'..'....,.,... 14 Payments to Contractor-when due ........... 14.4, 14.13 Payments to Contractor-withholding................ 14.1 Performance and other Bonds ..................... 5.1-5.2 Permits............. ........, .......,.................6,13 Physical Conditions ",.......,........................ 4.2 Physical Conditions-Engineer's review ............. 4.2.4 Physical Conditions-existing structures....... ...... 4.2.2 Physical Conditions-explorations and reports. . . .. .. 4.2,1 Physical Conditions-possible document change.. . .. 4.2.5 Physical Conditions-price and time adjustments .... 4.2.5 Physical Conditions-report of differing .....,....... 4.2.3 Physical Conditions-Underground Facilities.. .... .. ., 4,3 Preconstruction Conference .........,............... ~. 2.8 Preliminary Matters ...................................., 2 Premises. Use of .:.............................. 6.16-6.18 Price. Change of Contract ..........".................. II Price-Contract~efinition of ............................ I Progress Payment, Applications for. ..,. .... ,. .. ...... 14.2 Progress Payment-retainage ...,....".............,. 14.2 Progress schedule ..,.........". 2.6, 2.9, 6.6, 6.29, 15.2.6 Project-definition of .....,............. ....:... ....,.... I Project Representation-provision for .........,....... 9.3 Project Representative, Residenl-<lelinition of ........ ..'. 1 Project, Starting the ................................... 2.4 Property Insurance,.,.........,....,............. 5.6-5.13 Property Insurance-Partial Utilization............... 5.15 Property Insurance-Receipt and Application of Proceeds..... ..'................... .'........ 5.12-5,13 Protection. Safety and ....,.........,.....,...... 6.20-6.21 Punch list ,..,....;,.".........,.................... 14.11 Recommendation of Payment...........,...... 14.4, 14.13 Record Documents .....................,............. 6.19 Reference Points ,.,.,..,........,.,................... 4.4 Regulations, Laws and ............................... 6.14 Rejecting Defective Work ............................. 9.6 Related Work at Site .............................. 7.1-1.3 Remedies Not Exclusive ............................. 11.4 Removal or Correction of Defecril'e Work ........... 13.11 Resident Project Representalive-<lelinilion of . . . .. .... ,. I Resident Project Representalive-provision for........ 9,3 Responsibilities. Contractor's-in general .......,.....,. 6 Responsibilities. Engineer's-in general ................. 9 Responsibilities, Owner's-in general... .,.. .... . ..... . .., 8 Retainage ..".,..................,................... 14.2 Reuse of Documents ...................,...,.......... 3.5 Rights of Way" .....,.............. ,. .. . . .. .... .... ... 4,1 Royalties. Patent Fees and .....'....,................ 6.12 Safety and Protection....'......... ..... .. ....... 6,20-6.21 Samples......,...,..,........, ,'............... .. 6.23-6.28 Schedule of progress........ 2.6. :;.8-2.9, 6.6. 6.29, 15,2.6 Schedule of Shop Drawing submissions...................... 2,6.2.8-2.9,6.23. 14.1 Schedule of values ..............,....... 2.6, 2.8-2.9. 14,1 Schedules, Finalizing.......,..............,.. .. ....... 2.9 Shop Drawings and Samples.,.."..... .'...... ., 6.23-6.28 Shop DrJwings-definition of.......... . .. .. . . . . . . .... ... 1 Sho'p DrJwings, use to approve substicutions ....,................................. 6.1.3 5 I I I I I I I I I I I I I I I I I I I Site, Visits to-by Engineer .....................:..... 9.2 Specifications-detinition of ............................. 1 Starting Construction. Before...... . ... .. . . . . . .. . " 2.5-2.8 Starting the Project .....:.............................. 2.4 Stopping Work-by Contractor....................... 15.5 Stopping Work-by Owner.......................... 13.10 Subcootractor-detiniuon of ......................... . . .. 1 Subcontractors-in general.................,..... 6.8-6.11 Subconrracts--required provisions ............5.11.1. 6.11 . 11.4.3 Substantial Completio~enifiC4tion of .............. 14.8 Substanual Completion-definition of. . .. . . . .. . . . . . . . . . .. 1 Substitute or "Or-Equal" Items _...................... 6.7 Subsurface Conditions. . .. . . . .. . . . . . . . . .. . . .. . . . . .. 4.2-4.3 Supplemental costs.................... .,............ 11.4.5 Supplementary Conditions-<lefinition of ................ 1 Supplementary Conditions-principal references to .. 2.2,4.2.5.1,5.3.5,6-5.8.6.3.6.13: 6.13, 7.4.9.3 Supplementing Contract Documents............... 3.4-3.5 Supplier-definition of.. . . . . . . . . . .. . . . . . . .. :. . . . . . . . . . . .. 1 Supplier-principal references to ... 3.6.6.5.6.7-6.9.6.20. 6.24.9.13.9.16.11.8,13.4, 14.12 Surety-consent to payment......,........... 14.12. 14.14 Surety-Engineer has no duty to ..................... 9.13 Surety-notice to .......................... 10.1; 10.5. 15.2 Surety-qualitication of ........................... 5.1-5.2 Suspending Work. by Owner............,............ 15.1 Suspension of Work' and Termination-in general....... 15 Superintendent-Conrractor's .......................... 6.2 Supervision and Superintendence.. . . . . . .. . . .. . . . .. 6.1-6.2 Taxes-Payment by Contractor.. .. .. . .. .... ... .. .. . .. 6.15 Termination-by Contractor.......... .........,...... 15.5 Termination-by Owner......................... 15.2-15.4 Termination. Suspension of Work and-in general ...... IS Tests and Inspections ........................... 13.3-13.7 Time, Change of Contract......................... ..... 12 .,r'- Time, Computation of ................................ 17.2 Time. Contract-definition of......... .,.................. J Uncovering Work ..... .... ......... ..... ........ 13.8-13.9 . Underground Facilities-<lefinition of .................... 1 Underground Facilities-not shown or indicated..... 4.3.2 Underground Facilities-protection of.;.......... 4.3. 6.20 Underground Facilities-shown or indicated......... 4.3.1 Unit Price Work-detinition of .......................... I Unit Price Work-general .................11.9.14.1.14.5 Unit Prices .................,....................... 11.3.1 Unit Prices. Determinations for....................... 9.10 Use of Premises .,............................... 6.16-6.18 Utility owners .......................... 6.13,6.20. 7.2-7.3 Values. Schedule of ...............;.........2.6,2.9.14.1 Variations in Work-Authorized............ 6.25,6.27.9.5 Visits to Site-by Engineer........................ .. .. 9.2 Waiver of Claims--on Final Payment ................ 14.16 Waiver of Rights by insured parties............. 5.10. 6.11 Warranty and Guarantee-by Contractor ............. 13.1 Warranty of Title, Contractor's ....................... 14.3 Work. Access to ..................................... 13.2 Work-by others .................... ~ . .. . .. .. . .. .. . .. ... 7 Work Continuing During Disputes .................... 6.29 Work. Cost of .........,......................... 11.4-.11.5 Work-definition of ..................................... I Work Directive Change-definition of '.............. ~.... 1 Work Directive Change-principal " references to ............................3.4.3,10.1-10.2 Work. Neglected by Contractor ......... .',.......... 13.14 Work, Stopping by Contractor..................... ... 15.5 Work. Stopping by Owner ....................... 15.1-15.4 Written Amendment-definition of .....,....:........... 1 Written Amendment-principal references to ......,............... 3.4.1.10.1,11.2.12.1 6 I I 'I I I I 1 I I I I I ,I :1 I I "I "'I I GENERAL CONDITIONS ARTICLE I-DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify. corre'ct or cha'nge the bidding documents or the Contract Documents. Agreement-The written agreement between OWNER anJ CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein, Application for Payment-The form accepted by ENG 1- NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- porting documentation as is required by the Contract Documents. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds-Bid. performance and payment bonds and other instruments of security. Change Order-A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition. deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time. issued on or after the Effective Date of the Agreement. Contract Docllments- The Agreement. Addenda (which per- tain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post- Bid documentation submitted prior to the Notice of Award) when attached ~s an exhibit to the Agreement. the Bonds. these General Conditions. the Supplementary Conditions. the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement. together with all amend- ments. modifications and supplements issued pursuant to paragraphs 3.4 and 3,5 on or after the Effective Date of the Agreement. Contract Price-The moneys payable' by OWNER to CON- TRACTOR under the Contract Documents as stated in the' Agreement (subject to the provisions of paragraph '11.9.1 10 the case of Unit Price Work). Contract Time-The number of days (computed as provided in paragraph 17 .2) or the date stated in the Agreement for the completion of the Work, CONTRACTOR-The person. firm or corporation with whom OWNER has entered into the Agreement. defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. or does not conform to the Contract Documents. or does not meet the requirements of any inspection. reference standard, test or approval referred to in the Contract Documents. or has been damaged prior to ENGINEER's recommendation offinal payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14,8 or 14.10), Drall'ings- The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents, Effectil'e Date of the Agreement-The date indicated in the Agreement on which it becomes effective. but if no such dale is indicated it means the date on \vhich the Agreement is signed and delivered by thdast of the two parties to sign and deliver. ENGINEER-The person. firm or corporation named as such in the Agreement. Field Order-A written order. issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time, General Requirements--Sections of Division 1 of the Speci- fications. Laws and Regulations; Laws or Regulations-Laws. rules. regulations. ordinances, codes and/or orders. Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified. OWNER will sign and deliver the Agreement. Notice to Proceed-A wrillen notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR'S obligations under the Contract Documents. OWNER-The public body or authority. corporation. asso- ciation. firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided, Partial Utili::.ation-Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in [he Contract Documents, Resident Project RepreselltQth'e- The authorized represen- tative of ENGINEER who is assigned to the site or any part thereof. 7 I I Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perfor- mance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. I I I Specificarions- Those ponions of the Contract Documents consisting of written technical descriptions of materials, equipment. construction systems, standards and workman- ship as appli'ed to the Work and certain administrative details applicable thereto. I Subcontractor-An individual. firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site. I I Substantial Camp/erion-The Work (ora specified part thereof) has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion. it is sufficiently complete. in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such cenificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted" as applied to any Work refer to Substantial Comple- tion thereof. I I I Supplementary Condirions-The part of the Contract Docu- mencs which amends or supplements these General Condi- tions. I Supplier-A manufacturer. fabricator. supplier, distributor. materialman or vendor, I Underground Faciliries-AJJ pipelines, conduits, ducts. Cables. wires. manholes, vaults, tanks. tunnels or other such facilities or attachments, and any encasements containing such facil- ' ities which have been installed underground to furnish any of the following services or materials: electricity, gases. stearn, liquid petroleum products. telephone or other communica- tions, cable television, sewage and drainage removal. traffic or other control systems or water. I I Unir Price Work-Work to be paid for on the basis of unit prices. I Work-The entire completed cons'truction or the vari6us'sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- forming services. furnishing labor and furnishing and incor- porating materials and equipment into the construction, all as required by the Contract Documents. I I Work Directive Change-A written directive to CONTRAC- TOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. I ordering an addition. deletion or revision in the Work, or responding to differing or uiUoreseen physical conditions UDder which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work . Directive Cbange may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a: subsequently issued Change Order following negotiations by the parties as to its effect, if any. on the Contract Price or Contract 'rime as provided in paragraph 10.2. Wriuen Amendmenr-A written amendment of the Contract , Documents, signed by OWNER and CONTRACTOR OD or after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY MAITERS Delivery of Bonds: ,2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work, Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Coritr~t Time; Notice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement. or. if , a Notice to Proceed is given, on the day indicated in the Notice to Proceed, A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run , later than the seventy-fifth day after the day of Bid opening , or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier, , Starting the Project: 2.4. CONTRACTOR shall starr to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run, Before Starting Construcrwn: 2.5.' Before undenaking each part of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown 8 I I I I I I "I I I I I I ,I ::',1 I I ,I I' I thereon and all applicable field measurements. CONTRAC- TOR shall promprly report in writing to ENGINEER any , conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to report any conflict. error or discrepancy in the Contract Documents. unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2,6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2. a preliminary schedule of Shop Drawing sub- missions; and '2.6.3, a preliminary schedule of values for 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 Jor progress paYmenrsduring construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. 2.7. Before any Work at the site is started. CONTRAC- TOR shall deliver to OWNER. with a copy to ENGINEER. certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4. and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the Effective Date of the Agreement. but before CONTRACTOR starts the Work at the site. a conference attended by CONTRACTOR. ENGI- NEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6. to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment. and to establish a working understanding among the parties as to the Work. Finali::ing Schedules: 2.9, At least ten days before submission of the first Appli- cation for Payment a conference attended by CONTRAC- TOR. ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with para- graph 2,6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will neither impose on ENGINEER responsibility forthe progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions, The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE Intent: 3.1, The Contract Documents comprise the entire p.gree- ment between OWNER and CONTRACTOR concerning the Work, The Contract Documents are complementary; what is called for by one is as binding as if called for by all, The Contract Documents will be construed in accordance with the law of the place of the Project. 3,2, It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals or codes of any technical society. organization or association. or to the Laws or Regulations of any governmental authority. whether such reference be specific or by implication. shall mean the latest standard specification. manual. code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids). except as may be otherwise specifically stated. However. no , provision of any referenced standard specification. manual orcode (whether or not specifically incorporated by reference in the Contract Documents) shall be 'effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER. or any of their consultants. agents or employ- ees from those set forth in the Contract Documents. nor shall it be effective to assign to ENGINEER. or any of ENGI- NEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance ofthe Work or any duty or authority to undertake responsi- , bility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents ~hallbe issued by ENGINEERas provided in paragraph 9.4, 3,3, If. during the performance oflhe Work. CONTRAC- TOR finds a conflict. error or discrepancy in the Contract Documents. CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with lhe Work affected thereby -shall obtain a written interpretation or clarification 9 I I I I I I I I I I. I I I I I I I I I from ENGINEER; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict. error or discrepancy in the Contract Documents unless CONTRACTOR had aetual knowledge thereof or should reasonably have known thereof. Amending and SupplemenJing Contract Documents: 3.4. The Contract Documents may be amended to pro- vide for additions, deletions and revisions in the Work,or to modify the terms and conditions ,thereof in one or more of the following ways: ' 3.4.1. a formal Written Amendment, 3.4.2. a Change Order (pursuant to paragraph 1004), or 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). Asindicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5. In addition. the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.5.1. a Field Order (pursuant to paragraph 9.5), 3.5.2. , ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or 3.5.3. ENGINEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4). Reuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performIng or fur- ' nishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings. Specifications or other dOCu- ments (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4-A V AILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS A vailabilily of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be per- formed. rights-of-way and easements for access thereto, and such other lands which are designa'ted for the use of CON- TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities' will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands. rights-of-way or ease- ments entitles CONTRACTOR to an extension of the Con- tract Time, CONTRACTOR may make a claim therefor as provided in Articl~ 12, CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical ConditWns: 4.2.1. Explorations and Reports: Refere'nce is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpreta- tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4,2,6, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2, Existing Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full respori~ sibility with respect to physical conditions in or relating to such structures, 4.2.3, Report of Differing Conditions: If CONTRAC- TOR believes that: 4.2.3.1, any technical data on which CONTRAC- TOR is entitled to rely as provided in paragraphs 4.2.1 and 4,2.2 is inaccurate, or 4,2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated. reflected or referred to in the Contract Docu- ments, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by para- graph 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or difference. 10 I I, I I' I I I I I ,I I I I I I I I I 'I 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWN ER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. 4.2.5, Possible Document Change: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi- [ions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or differenc~. 4,2.6, Possihle Price alld Time Adjusrmenrs;' In each such case, an increase or decrease in the Contract Price or an extension or shortening of [he Contract Time, or any combination thereof. will be allowable to the extent that they are attributable to any such inaccuracy or difference, If OWNER and CONTRACTOR are unable to agree as [0 the amount or length thereof. a claim may be made therefor as provide~ in Articles II and 12. 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 furnished to OWNER or ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and, 4.3.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents, for coordina- tion of the Work with the owners of such Underground Facilities during construction. for the safety and pro- tection thereof as provided in paragraph 6,20 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been included in the Contract Price. 4.3,2, Nor Shown or Illdicared. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Coritract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of. CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected [hereby (except in a'n emer- gency as permitted by paragraph 6.:m. identjfy the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the conse- quences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facilityas provided in paragraph 6.20, CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time, or both, .to the extent that they are attributable to the 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 II and 12, Reference Points: 4.4, OWNER shall provide engineering surveys to estab- lish reference points forconstruclion which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements). shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5-BONDS AND INSURANCE Perfonnance and Other Bonds: 5.1, CONTRACTOR shall furnish performance and pay- ment Bonds. each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions, All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U,S, Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. ' " 5.2, If the surety on any Bond furnished by CONTRAC- TORis declared a bankrupt or becomes insolvent or its right [0 do business is terminated in any state where any part of II I I the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. I I Contro.ctor's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being perfonned and furnished and as will provide protection from claims set forth below which may arise our of or result from CONTRACTOR's perfor- mance and furnishing of the Work and CONTRACTOR's other obligations under the ContraCt Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor. by anyone directly or indirectly employed by any of them to perfonn or furnish any of the Work, or by anyone for whose acts any of them may be liable: I I I I 5.3.1. Claims under workers' or workmen's compen- sation. disability benefits and other similar employee ben- efit acts; I 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease. or death ofCONTRAC- TOR's employees; I 5.3.3. Claims for damages because of bodily injury, sickness or disease. or death of any person other than CONTRACTOR's employees; I 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: I 5.3.5. Claims for damages. other than to the Work itself, because of injury to or destruction of tangible prop- erty wherever l,ocated, including loss of use resulting therefrom; I I 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property; and I 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. I The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemen- tary Conditions. or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All 'of the policies of insur- ance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least I I I thiny days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or 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. COnJrcu::tual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include Contractual liability insurance applicable to CONTRACTOR's obtigatior:s under paragraphs 6.30 and 6.31. Owner's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability. insurance arid. at OWNER's option. may purchase and maintain such insur- ance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER. CONTRACTOR. Subcontractors, ENGINEER and ENGINEER's consultants in the Work. all of whom shall be listed as insureds or additional insured parties. shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage, inclu'ding theft. vandalism and malicious mischief. collapse' and water damage. and such other perils as may be provided in the Supplementary Conditions. and shall include damages. losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers. ,architects, attorneys and other:,professiona!s). If not covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Conditions. CONTRACTOR shall purchase and maintain similar propeny insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7, OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR. Subcontractors. ENGINEER AND ENGINEER's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 12 I, I I 'I I I I I I 1 I I ,I ,'I I I I ',I" I 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed,or renewal refused until at least thirty days' prior written notice has been given to CONTRACTOR by certified mail and will corHain waiver provisions in accordance with paragraph 5.1 J .2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontra<;:tors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount, will be borne by CONTRACTOR, Sub- contractor or others suffering any such loss and ifany of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchas- er's own expense. 5.10. If CONTRACTOR requests'in writing ,that other special insurance be included in the property insurance pol- icy. OWNER shall, if possible, include such insurance. and the cost thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER, , Waiver of Rights: 5.11,1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENGI- NEER, ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favorofOWNER, CONTRACTOR, ENGINEER. ENGI- NEER 's consultants and all otherpanies named as insureds, . None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise P?y- able under any policy so issued. 5.11,2. OWNER and CONTRACTOR intend that any policies provided in response to paragraphs 5.6 and 5,7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils, ' covered thereby. Accordingly. all such policies shall con~ tain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds. and if the insurers require separate waiver forms to be signed by ENGINEER or ENGI- NEER's consultant OWNER will obtain the same, and if such waiver forms are required of any Subcorltractor. CONTRACTOR will obtain the same. Receipt and Application of Proceeds: 5,12, Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with' OWNER and made payable to OWNER as trustee for the insureds. as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5,13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any pany in interest, OWNER as trustee shall. upon the occurrence of an insured loss. give bond for the proper per- fonnance of such duties. Acceptance of Insurance: 5,14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance reqt:ired to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents. OWNER shall notify CON- TRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7, If CONTRACTOR has any objection to the coverage afforded by or other provisions of the pc;>lic!es of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying ,with the_Contract Documents. CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CON- TRACTOR in accordance with paragraph 2,7. OWNER and ,CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partial UtiliZt1tion~Property Insurance: 5,15, If OWNER finds it necessary to occupy or use a ponion or portions of the Work prior to Substantial Comple- tion of all the Work. such use or occupancy may be accom- plished in accordance with paragraph 14,) 0: provided that no 13 I I I 'I I I I I I I I I I I I I I I I such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insur- ance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACfOR'~ RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACfOR shall not be responsible for the negligence of others in the design or selection of a specific means. method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACfOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 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 ENGINEER except under extraordinary circumstances; The superintendent will beCONTRACfOR's representative at the site and'shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labar, Malerials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay OUt the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or , adjacent thereto. and except as otherwise indicated in the Contract Documents. all Work at the site shall be perfonned during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Sat- urday. Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. 6.4, Unless otherwise specified in the General Require" ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, ' construction equipment and machinery, tools, appliances, fuel. power, light. heat, telephone. water. sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Doc- uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required .tests) as to the kind and quality of milterials and equipment. All materials and equipment shall be applied. installed, con-, nected. erected. used. cleaned and conditioned in accordance with 'the instructions of the applicable Supplier except as otherwise,provided in the Contract Documents: but no pro- vision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER's consultants. agents or employees, any duty or authority lO,supervise or direct the furnishing or performance of the Work or any duty or author- ity to undertake responsibility contrary to the provisions of paragraph 9,15 or 9.16. Adjusting Pragress Schedule: 6.6, CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjust- ments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a panicular 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 permined. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR.lfCON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof. certifying that the proposed substitute will perfonn ade- quately the functions and achieve the results called for by the general design. be similar and of equal substance to that specified and be suited to th'e same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of [he 'substitute in c'onnection with the Work is subject to payment of any license fee or 14 1 I "I 'I I I 'I I I 1 I I I ,I I I I ':1 I royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance. repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change. all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute, 6.7,2, If a specific means. ;"ethod. techriique. sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish,or utilize a, substitute means. method. sequence. technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient informacion to allow ENGIN EER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that orovided in paragraph 6.7.1 as applied by ENG INEER and as may be supplemented in the Gen- eral Requirements. , , 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability, and no substjtute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop' Drawing, OWNER may require'CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for.evaluat- ing each proposed, substitute. Concerning Subcontractors, Suppliers and Others: 6.8,1. CONTRACTOR shall not employ any Subcon- tractor. Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indi- cated in paragraph 6,8,2). whether initially or as a substi- tute. against whom OWNER or ENGINEER may have' reasonable objection. CONTRACTORshall not be required' to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6,8,2, If the Supplementary Conditions require the' identity of certain Subcontractors. Suppliers or other per- sons or organizations (including those who are to furnish the principal items of materials and equipment) to be su'b- mitte9 to OWN ER in advance of the specified date prior to the Effective Date of the Agre~ment for acceptance by OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions. OWNER's or ENGINEER's accept- ance (either in writing or by failing to make written objec- tion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case . CONTRACTOR shall submit an acceptable substitute. the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGI- NEER to reject defee/il'e Work, 6.9, CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGINEER to payor to see to the paymeill of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6,10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6,11, All Work perfonned for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe~ cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5. i 1. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs ),6 and 5,7, Patent Fees and Royalties: 6,12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the perfor- mance of the Work or the incorpOration in the Work of any invention. design. process. product or device which is the subject of patent rights or copyrights held by others, If a particular invention. design. process. product or device is specified in the Contract Documents for use in the perfor- mance of the Work and if to the actual knowledge of OWNER 15 I I or ENG INEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to otbers, the existe,nce of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims. damages, losses and expenses (iTIcluding attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance'ofthe Work or resulting from the incorporation in the Work of any in,vention, 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. I I I I I PermiJs: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRAcrOR, when necessary, in obtaining such permits and licenses. CONTRAcrOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- nections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. I I I I Laws and Reguio.tUJns: 6.14.1. CONTRAcrOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- 'lations. neither'OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. I I I 6.14.2. If CONTRACTOR observes that the Specifi- ' cations or Drawings are at variance with any Laws or Regulations, CONTRACfOR shall give ENGINEER prompt wrinen notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to ENGINEER. CONTRACTOR shall bear all costs arising therefrom: however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws arid Regulations. I I I Taxes: I 6.15. CONTRACTOR shall pay all sales. consumer, use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the I place of the Project which are applicable during the perfor- mance of the Work. .Use of Premises: 6. I 6, CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights- of-way, permits and easements. and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACfOR shall assume full responsibility for any damage to any such land or area. or to the owner or occupant thereof or of any land or areas contig- uous thereto. resulting from the performance of the Work, Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold qWNER and ENGINEER harmless from and against all claims. damages. losses and expenses (including, but not limited to, fees of engineers. architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially our of any action, legal or equi- table. brought by any such other party against OWNER or ENGINEER to the extent based 00 a claim arising out of CONTRACTOR's performance of the Work. 6.17. , During the progress of the Work. CONTRAcrOR shall keep the premises free frorri accumulations of waste materials. rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials. rubbish and debris from and about the premises as well as all tools, appliances, construction equip- ment and machinery. and surplus materials. and shall leave the site clean and ready for occupancy by OWNER. CON- TRAqOR shall restore to original condition all property not, ' designated for alteration by the Contract Documents. 6.18, CONTRACTOR shall not load nor permit any part of any structure to be loaded in any mannerthat will endanger the structure. nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record DocumenlS: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Written Amendments. Change Orders, Work Directive Changes, Field Orders and written interPretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during con- struction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings ,will be available to ENGINEER for reference. Upon com- 16 I I 'I I I' I I I 1 I I I ,I ':,1 I I I 'I:' I pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER, Safety and Protection: 6.20, CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage. injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be atTected thereby: 6.20,2. all the Work and materials and equipment to be incorporated therein. whether in storage on or off the site: and 6.20.3. other property at the site or adjacent thereto. including trees. shrubs. lawns, walks. pavements. road- ways. structures. utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the' safety of persons or property or to protect them from damage. injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRA,CTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them. and shall cooperate with them in the pro- tection. removal. relocation and replacement of their prop- erty. All damage, injury or loss to any property referred to' in paragraph 6.20,2 or 6.20.3 caused. directly or indirectly. in whole or in part, by CONTRACTOR, any Subcontractor. Supplier or any other person or organization directly or indi- 'rectly employed by any of them to perform or fumish~any of the Work or anyone for whose acts any of them may be liable. , shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable. and not attributable. directly or indi-, rectly. in whole or in part. to the fault or negligence of CON- TRACTOR), CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substan- tial Completion). 6.21. CONTRACTOR shall designate a responsible rep- resentative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superin-, tendent unless otherwise designated in writing by CON- TRACTOR to OWN ER. Emergencies: 6,22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or authorization from ENGINEER or OWNER. is obligated to act to prevent threatened damage. injury or loss, CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. IfENGI- NEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: 6,23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements. CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para- graph 2.9). or for other appropriate action if so indicated in the Supplementary Conditions. five copies (unless otherwise specified in the General Requirements) of all Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities. dimen- sions. specified performance and design criteria. materials and similar data to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work. all samples required by the Contract Doc- uments, All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub. mission and will be identified clearly as to material. Supplier. pertinent data such as catalog numbers and the use for which intended. 6,25,1, Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities. dimensions, specified performance cri. teria. installation requirements. materials. catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6,25,2. At the time of each submission. CONTRAC- TOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and. in addition. shall cause a specific notation to be made on 17 I I I each Shop Drawing submitted to ENGINEER for review and approval of each such variation. I 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples, but ENGI- NEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of' Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous subminals. I I ,I I ,I 6.27. ENGINEER's review and approval of Shop Draw- ings' or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.2 and ENGINEER has given, wrinen approval of each such-varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25.1. ' I I I 6.28. Where a Shop Drawing or sample is required by the Specifications. any related Work performed prior to ENGI- NEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. I I Conrinuing thi! Work: 6.29, CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements, with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as CONTRACTQR and, OWNER may otherwise agree in writing. I I I ndemnijication: 6.30. To the fullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses. direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and co un and arbitration costs) aris- ing out of or resulting from the performance of the Work, I I I provided that any such claim, damage. loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work 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 ofthe Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, Compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under wo'rkers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER, ENGINEER's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders. designs or specifications. ARTICLE 7-OTHER WORK Related Work at Sue: 7,1. OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces, have other work performed by utility owners or let'other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents. wrinen notice thereof will be given to CONTRACTOR prior to starting any such other work; and. if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Anicles ] 1 and 12, 7.2. CONTRACTOR shall afford 'each utility owner and other contractor who is a party to such a direct contract (or OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fining and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CON- 18 I I TRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected, The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. I I I 7,3. If any part of CONTRACTOR's Work depends for proper e,'(ecution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays. defects or deficiencies in such work that render it unavailable, or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non" apparent defects and deficiencies in the other work, I :'1 I Coordination: 7.4. If OWNER contracts with others for the ,perfor- mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. I I I 'I ARTICLE 8-0WNER'S RESPONSIBILITIES I 8,1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. I 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose sta- tus under the Contract Documents shall be thatof the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. " , I I 8,3, OWNER shall furnish the data required o'f OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14,13, I 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,( and 4.4. Para- graph 4,2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing struc- I I lUres which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5, OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. , 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 1304. 8.8. In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13./0 and (S, I. Paragraph 15.2 deals with OWNER's right co terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine, in general. if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree pf confidence that the completed Work will conform to the Contract Documents, On the basis of such visits and on-site observations as an experienced and qualified design profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3, If bWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties. responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties. responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. 19 I I C/o.rifications and lruerpretaiUJllS: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents.lfCONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article II or Article 12. I 'I I I Awhori.zed Variati.ollS in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract 'Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER. and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in 'the Contract Price or an extension of the Contract Time and the panies are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 11 or 12. I I I I Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective. and will also ha ve 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. I I Shop Drawings, CJuJnge Orders and Payme1US: 9,7. In connection with ENGINEER's responsibility for Shop Drawings and samples. see paragraphs 6.23 through 6.29 inclusive. I I 9.8. In connection with'ENGINEER's responsibilities as to Change Orders. see Articles 10. 11 and 12, I 9.9, In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc" see Article 14. I Detenninations for Unit Prices: 9.10. ENGINEER will determine the actual quantltles and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen- dation of an Application for Payment or otherwise). ENGI- NEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNERor CON- TRACTOR delivers to the other party to the Agreement and I I I to ENGINEER written notice of intention to appeal from such a decision. pecisiollS on Dispwes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract ,Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles I I and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other marter will be delivered, by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.1 I, ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect ,to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph J 4. I 6) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or other marter. Limiuitions on ENGINEER's RespollSibi1iJies: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith eitherto exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor. any Supplier, or anyother person or organization performing any of the Work. or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms .'as ordered", "as directed", "as 'required.', "as allowed..., "as approved" or terms of like effect or import are used. or the adjectives "r~onable", "suitable". "acceptable'.. '.proper'. or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction. review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise). The use of any such lerm or adjective shall not be 20 I I :1' I I I ,I I I I ,I I I "I I I 1 'I 1 effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. 9.15. ENGINEER will not be responsible .for CON- TRACTOR's means, methods, techniques, sequences or pro- cedures of construction, or the safety precautions and pro- grams incident thereto, and ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.16, ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier. or of any other person or organization performing or furnishing any of the Work. ARTICLE IO-CHANGES IN THE WORK 10. I. ' Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time. order additions, deletions or revisions in the Work: these will be authorized by a Written Amendment. a Change Order, or a Work Direc'tive Change. Upon receipt of any such document. CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change. a claim may be made therefor as provided in Article 11 or Article 12. ' 10,3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supple- mented as provided in paragraphs 3.4 and 3,5, except in the. case of an emergency as provided in paragraph 6,22 and except in the case of uncovering Work as provided in para- graph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: 1004,1. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1. are required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13,.14, or are agreed to by the parties: 10.4.2. changes in the Contract Price or Contract Time which are agreed to by the parties: and 1004,3. changes in the Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.1 I; provided that. in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CON- TRACTOR shall carryon the Work and adhere to the prog- ress schedule as provided in paragraph 6,29, 10,5, If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly, ARTICLE II-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the 'claim to the other party and to ENGINEER promptly (but in no even t later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. N'?tice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct. indirect and con- sequential) to which the claimant is e'ncitJed as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9,11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11,3, The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3,1. Where the Work involved is covered by unit prices contained in the Contract Documents. by applica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9,3. inclusive), -21 I I I I I I I 1 I 1 I I I 1 I I I 1 ,I 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs J 1.4 and I \.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 andll. 7). Cost of the Work: 11.4. The, term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. 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 s~curity contributions, unemployment, excise and payroll taxes. workers' or workmen's compensation, health and retirement benefits. bonuses, sick leave, vacatio.n and hol- id'ay pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Satur- day, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of trans- portation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts sliall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make 'payments, in which case the cash discounts shall accrue to OWNER. All trade discounts~ rebates and refunds and all returns from sale of sU\1llus 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. ]f required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable.ro CON- TRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER. which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work, All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers. architects, testing laboratories, sur- veyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costS including the following: 11.4.5.1. The proportion of necessary transporta- tion, travel and subsistence expenses of CONTRAC- TOR's employees incurred in dischargeof duties con- nected with the Work. 11.4.5.2. Cost. including transportation and main- tenance. of all materials, supplies. equipment. machin- ery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11 .4.5.3, Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation. loading, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment. machin- ery or parts shall cease when the use thereofis no longer necessary for the Work. ] 1.4.5.4. 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 negli- gence of CONTRACTOR. 'any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for'permits and licenses. 11.4,5.6. Losses and damages (and related expenses). not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9). pro- vided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee. ]f, however, any such loss or damage 22 I I I I I I I 1 I I I 1 -I I I ,I I I I requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7, The cost of utilities, fuel and sanitary facilities at the site. 11.4.5,8. Minor expenses such as telegrams. long distance telephone calls. telephone service at the site. expressage and similar petty cash items in connection' with the Work. I 1.4,5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: ' 11.5. I. Payroll costs and other compensation of CON- TRACTOR's officers. executives. principals (of partner- ship and sole proprietorships). general managers. engi- neers. architects. estimators. attorneys. auditors. accoun- tants, purchasing and contracting agents. expeditors. timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph J J.4. I or specifically covered by paragraph 11.4,4- 'all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. J J .5.1, Expenses (If CONTRACTOR's principal and 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 employed for the Work and charges against CONTRI\CTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and, maintain the same (except for the cost of premiums covered by sub- paragraph 11.4,5.9 above), 11.5.5. Costs due to the negligence ofCONTRAC- TOR. any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of de/ecr;,:' Work. disposal of materials or equipment wrongly su~ :,,:;~rl ad making good any damage to prop- erty, 11.5,6, Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11,6. The CONTRACTOR's Fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11,6,/, 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 1104,2. the CONTRACTOR's Fee shall be fifteen percent; 11,6,2.2, for costs incurred under paragraph 1104.3. the CONTRACTOR's Fee shall be f.ve 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 1/.4.4. 1104.5 and 11.5: 11.6,2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease; and 11.6.2,5, when both additions and credits are involved in anyone change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs J 1.6.1.1 through 11.6.2.4, inclusive, 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 1/.4 or 11.5, CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data, Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: , n.8.1. The allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to be deli v- ered at the site. and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site. labor. installation costs. overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the 23 I I aUowances. No demand for additional payment on account of any thereof will be valjd. I Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shaU be correspond- ingly adjusted. ' I I 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 Coimact 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 orUnit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purPose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. I I I I 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sep- arately identified item. I I 11.9.3. Where the quantity of any item of UnirPrice Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a' result thereof, CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Article 1 J if the parties are unable to agree as to the amount of any such increase. I I I ARTICLE 12...:..cHANGE OF CONTRACT TIME I 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shaU be based on written notice delivered by the party making the claim to the other' ' party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shal'l be deliv- ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accom- panied by the claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time I I I I shall be determined by ENGINEER in accordance with para- graph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Tune will be valid if not submitted in accordance with the requirements .ofthis paragraph 12.1. 12.2. TIie Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing additional work as contemplated by Article 7, oTto fires. floods, labor disputes, epidemics; abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents, are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges ,of engineers. architects, attorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE 13-W ARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Wamznty and G lUJl'tlnJee: 13 ,1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor. dance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work, whether or not in place. may be rejected, corrected or accepted as provided in this Anicle 13. Acuss to Work: 13.2. ENGINEER and ENGINEER's representatives, other representatives of OWNER. testing agencies and go v., ern mental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing, CONTRACTOR shall provide proper and safe conditions for such access. Tem and InspectiDns: 13.3, CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereot) to specifically be inspected. tested or approved; CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection. testing or approval. CONTRACTOR shall also 24 I I ,I: 'I 1 ,I "I I I I I I I ':1 " I I ,I :,1'" I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN- ER's or ENG INEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of , materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereofforincorporation in the Work. The cost of all inspections. tests and approvals in addition to the above which are required by the Contract Documents , shall be paid by OWNER (unless otherwise specified). 13.5. All inspections, tests 0,1' approvals other than those required by Laws or Regulations of any'public body having' jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified). 13,6. If any Work (including the work of others) that is to be inspected. tested or approved is covered without written concurrence of ENGINEER. it must. if requested by ENGI- NEER. be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice, 13.7. Neither observations by ENGINEER nor inspec- tions. tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. , , Uncovering Work: 13,8, Ifany Work is covered contrary to the written request of ENGINEER. it must. if requested by ENGINEER. be uncove.red for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9, If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others.' CONTRACTOR. at ENGINEER's request. sha,lI uncover. expose or 'otherwise 'make' avail~ble for observation. inspection or testing as ENGINEER may require. that portion of the Work in question. fu'mishing all necessary labor. material and equipment. If it is found that such Work is defecrh'e. CONTRACTOR shall ,bear all direct. indirect and 'consequential costs of such uncovering,expo- sure. observation. inspection and testing and of satisfactory reconstruction. (including but not limited to fees and charges of engineers. architects. attorneys and other professionals). and OWNER shall be entitled to an appropriate decrease in the Contract Pric~. and. if the panies are unable to agree as to the amuunt thereof. may make a claim therefor as provided in Article 11. If. howe:ver. such Work is not found to be: defecril'l;'. CONTRACTOR shall be: allowed an increase in the Contract Price: :::1' ~,n e:,\tension of the Contract Time. or both, directly attributable to such uncovering. exposure. observation. inspe:ction. testing and reconstruction: and. if the: panie:s are unable to agre:e: as to lhe amount or extent thereof. CONTRACTOR may make a claim therefor as pro- vided in Anicles II and 12, Owner ,'rIay Stop the Work: 13.10, If the Work is defecrive, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR to stop the Work. or any ponion thereof. until the, cause for such order has been eliminated: however, this right of OWNER to stop the Work shall not give rise to any duty on the pan of OWNER to exercise this right for the benefit of CONTR..-\CTOR or any other pany, Correcrion or Removal of Defecril'e Work: '13,11, Ifrequired by ENGINEER. CONTRACTOR shall promptly. as directed. either correct all defecti....e Work, whether or not fabricated, installed or completed. or. if the Work has been rejected by ENGINEER. remove it from the site and replace it with nandefecril'e Work. CONTRACTbR shall bear all direct. indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers. architects. attorneys and other profes- sionals) made necessary thereby. ' One Year Correction Period: 13,12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be defecril'e. CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions. either correct such defecrive Work. or. if it has been rejected by OWNER. remove it from the site and replace it with nondefecri....e Work, If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defective Work cor- rected or the rejected Work removed and ,replaced. and all direct. indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers. architects. attorneys and other professionals) will be paid by CONTRACTOR, In special circumstances where a panicular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction period for that item may starr to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceprance of Defective Work: 13.13, If. instead of requiring correction or removal and replacement of defecr;!'e Work. OWNER (and. prior to ENGINEER's recommendation of final payment. also ENGINEER) prefers to accept it. OWNER may do so. CON- TRACTOR shall bear all direct. indirect and consequential 25 I I costs attributable to OWNER's evaluation of and determi- nation to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attor-, neys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of tinal payment. .a Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work; and OWNER shall be entitled.to an appropriate decrease in the Contract Price, and. if the parties are unable to, agree as to the amount thereof, OWNER may make a claim therefor as provided in Article II. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. I 1 I I I OWNER May Correct Defective Work: 13.14. If CONTRACfOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para~ graph 13.1 1, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents: or if CON- TRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' writ- ten notice to CONTRACfOR, 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 CONTRACfORfrom all or part oftbe site, take possession of all or part of the Work, and suspend CON- TRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's represen- 'tatives. agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and con- sequential costs of OWNER in exercis~ng such rights and remedies will be charged against CONTRACfOR in an amount approved as to reasonableness by EN G INEER. 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 agre'e as to , the amount thereof, OWNER may make a claim therefor as provided in Article II. Such direct. indirect and 'consequen- tial costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defeclive Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. I I I I I I I I I I I I ARTICLE I4-P A YMENTS TO CONTRACTOR AND COMPLETION .Schedule of Values: 14.1. The schedule of values established as provided in paragi-aph 2.9 will serve as the basis for progress payments and will be incorporated into a fonn of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Paymem: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment tilled 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 O\V1':lER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be sat- isfactory to OWNER. The amount of retainage with respect to progress payments wilI be as stipulated in the Agreement. CONTRACTOR's Warranty ofTiJJe: 14.3, CONTRACfOR warrants and guarantees that title to all Work. materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Rev~w of Applications for Prognss Paymem: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and'present the Application to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to rec- ommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation, the amount rec- ommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5, ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a 26 I I ',I' I I 1 'I I I I, I I I I 'I I I ,I I representation by ENGINEER to OWNER, based on ENGI- NEER's on-site observations of the Work in progress as an experienced and qualified design professional and on ENGI- NEER's review of the Application for Payment and the accompanying data and schedules that the Work has pro- gressed to the point indicated: that. to the best of ENGI- NEER's knowledge, information and belief. the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to orupon Substantial Completion, to the results of any subsequent ,tests called for in the Contract Documents, to a final determination of quantities, and classifications for Unit Price Work under paragraph 9, io. and to any other qualifi- ' cations stated in the recommendation): and that CONTRAC- TOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will noc thereby be deemed to have represented that exhaus- tive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14,6. ENGINE)::R's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTR./I.C- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14,7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion. it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment.' or. because of subsequently discovered ,evidence or the results of subsequent inspections or tests. nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from toss because: '14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replaceOment. 14.7,2, the Contract Price has been reduced by Writ- ten Amendment or 'Change Order. 14.7.3. OWNER has been required to correct defec- ril'e Work or complete Work in accordance with paragraph 13.14, or 14,7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15,2, J through 15.2,9 inclusive, OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14,8, When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as, incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion, Within a reasonable time thereafter. OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status of completion, If E~GINEER does not con- sider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work' substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If. after considering such objec- tions, ENGINEER concludes that the Work is not substan- tially complete. ENGINEER will within fourteen days after submission of the tentative. certificate to' OWNER notify CONTRACTOR in writing, scating the reasons therefor. If. after consideration of OWNER's objections, ENGINEER considers the Work substantially complete. ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWNER. At the timeofdelivery of the tentative certificate of Substar.tial Completion ENGI- NEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance. heat. utilities. insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion. ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRA.CTOR until final payment. 14,9. OWNER shall have the right to exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14,10, Use by OWNER of any finished part of the Work, which has specifically been identified in the Contract Docu- 27 I I I I I I I I I I 1 1 I I I' I I I 1 ments, or which OWNER, ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work that can be used by OWNER without sig- nificapt interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject 'to the follow- ing: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees. CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CON- TRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time there- after OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its stams of completion and will prepare a list of the items remaining to be completed or corrected thereon before tinal payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items tobe completed or corrected and will deliver such list to OWNER,and CONTRACTOR together with a written recommendation as to the division of responsibilities pending tinal payment between OWNER and CONTRACTOR with respect to security, operation. safety, maintenance. utilities. insur- ance, warranties and guarantees for that part of the ,Work which will become binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEER). During such operation and prior to Substantial Completion of such pari 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. Final Inspection: 14. 11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a tinal inspection with OWNER' and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defeclive. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. ' Final ~ppli.caJionfor PaymenJ: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating insnuctions, schedules, guaran- tees, Bonds, certificates of inspection, marked-up recoru docume~ts (as provided in paragraph 6.19) and other docu- ments-all as required by the Contract Documents. and after ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14.16), CONTRACTOR may make application for final payment following the pro- cedure for progress payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR may furnish receipts or releases in full: an affidavit of CON- TRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed. and that all payr:olls, material and equipment bills, and other indebtedness connected with the Work for which OWNER orOWNER's property might in any way be respon- sible. have been paid or otherwise satisfied: and consent of the surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full. CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER against any Lien. Final Paymenl and Acceplance: 14,13. If. on the, basis of ENGINEER's observation of the Work during construction and final inspection. and ENGINEER's review of the final Application for Payment and accompanying documentation--all as required by the, Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGI- NEER will, within ten days after receipt of the final Appli- cation for Payment, indicate in writing ENGINEER.s rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provis,ions of paragraph J 4.16. 28 I I I' I I I I I I I I I I "I I 1 1 I.', 1 Otherwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropri- ate form and substance, and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14,{4. If. through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall, upon receipt of CON- TRA.CTOR's final Application for Payment and recommen- dation of ENGINEER. and without terminating the Agree- ment. make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment. and if Bonds have been furnished as required in para- graph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleHid and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment, except that it shall not constitute a waiver of claims. Contractors Continuing Obligation: 14,15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a cer- tificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents. nor any use or occupancy of the Work or any part thereof by OWNER. nor any act of acceptance by OWNER nor any failure to do so. nor any review and approval of a Shop Dr:awing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correction of defecril'e Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 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 c!efecril'l! Work appearing after final inspec- tion pursuant to paragraph 14,11 or from failure to comply with [he Contract Documents or [he terms of any special guarantees specified therein: however. it will not consti- tute a waiver by OWN ER of any rights in respect, of CONTRActOR's continuing obligations under the Con- tract Documents; and 14.16,2. a waiver of all claims by CONTRAcrOR against OWNER other than those previously made in writ- ing and still unsettled. ARTICLE IS-SUSPENSION OF WORK AND TERMINATION Owner /'vtay Suspend Work: 15, \. OWNER may, at any time and without cause. sus- pend the Work or any portion thereoffor a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12, Owner May Terminate: 15.2. Upon the occurrence of anyone or more of the following events: 15.2.1, if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15,2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petitio'n 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 benefi~ of creditors; 15.2.4. if a trustee. receiver. custodian or agent of CONTRACTOR is appointed under applicable law or under contract. whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5, if CONTRACTOR admits in writing an inabil- ity to pay its debts generally as [hey become due: 15.2.6, if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents 29 I I (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); I 'I 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body having jurisdiction: , I 15.2.8. if CONTRACTOR disregards the authority of ENGINEER; or ' ' I 15.2.9. if CONTRACTOR:otherwise violates in any substantial way any provisions of the Contract Docu- ments; I OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take pos'session of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished, If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attor- neys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the,_ difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order, but when exercising any rights' or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. I I I I I' I I I I 15.3. Where CONTRACTOR's services have been so terminated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or .payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' wrinen notice to CONTRAC- TOR and ENGINEER. OWNER may. without cause and without prejudice to any other right or remedy, elect to aban- don the Work and terminate the Agreement. In such case. CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct. indirect and con- sequential costs (including, but not limited to. fees and charges of engineers. architects, attorneys and other professionals and court and arbitration costs). Contractor May Stop Work or Tenniruue: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER. terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid, CONTRACTOR may upon seven days' written notice to OWNER and ENGiNEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. . [The remainder of this page was left blank intentionally.J I I I 30 I I I I I I I 1 I I I I I I I 'I I I I ARTICLE 16--ARBITRATION 16.1 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu- ments or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Geo~gia. (The remainder of this page yas left blank intentionally.) 31 I I I I I I I I I I I I I I, I I I I I ARTICLE 17 - MISCELLANEOUS: GIVING NOTICE: 17.1 Whenever any prov~s~on 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 TIHE: 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. GENE RAL: 17.3. Should OWNER or CONTRACTOR suffer ~nJury or damage to person or' property because of any error, onnnission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of' this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by' these General Condition~ and the rights and remedies available hereunder to the parties hereto, and" in particular but without limitation, the warranties, guarantees and obliga- tions imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.12, 13 .14, 14.3 and 15. i and all of the rights and remedies available to OWNER and ENGINEER thereunder" are in addition to, and are not to be construed in any way as a limitation of, any righ,ts 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 thfs paragraph will be effective as if repeated specifically in the Contrac t Documents in connection with each particular duty, obligation, right and remedy 'to which they ap.ply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. ARTICLE 18 - OSHA SAFETY AND HEALTH STANDARDS: 18.1. Where applicable, construction methods and techniques shall comply with OSHA Safety and Health Standards (29CFR 1926/1910) OSHA 2207 Revised 1987. ' 18.2. The ENGINEER shall not be construction techniques, methods, that his own construction methods OSHA Safety and Health Standards (29 responsib Ie 'or liable for CONTRACTOR's or progress. CONTRACTOR shall insure and techniques are in compliance with CFR 1926/1910) OSHA 2207 Revised 1987. 32 I I I I I I I I I I I I I I I I I I I SUPPLEMENTARY CONDITIONS '1.1 OWNER'S LIABILITY & PROPERTY INSURANCE: Section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General Conditions shall be amended as follows: No additional liability or property insurance will be purchased by Richmond County for this project~ Current insurance coverages will remain in effect for the life of this Contract. 1.2 CONTRACTOR'S LIABILITY INSURANCE: As indicated under Section 5.3 of the General Conditions, the Contractor's Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone person,. and subj ect to the same limit for each person, in an amount not less than $500,000, on account of one accident, and Contractor's Property Damage ,Insurance in an amount not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 1.3 SPECIALTY HAZARDS: The Contractor's and his Subcontractor's Liability and ~roperty Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Richmond County Road System. (b) Work wi thin easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, p,ower lines, telephone lipes; gas lines, other utilities and private structures contiguous to the job site. SC-1 I I I I I I I I I I I I I I I I I I I 1.4 TESTING LABORATORY: All materials testing and laboratory work in connection therewith shall be paid for by the' Contractor and approved by the Engineer. 1 . 5 SURVEYS: The Contractor will' provide surveying for construction stake- out, horizontal control and trertical control as necessary. 1.6 PROGRESS PAYMENTS: S~ction 14.2 of the General Conditions shall be amended as follows: The Contractor may submit monthly estimate for work completed and materials properly stored as approved by the Engineer. When an estimate includes materials stored, a bill of sale, invoice or other documentation warranting that the Owner is receiving the material free and clear of all liens, charges, security interest and other encumbrances shall be attached to ,the payment request.' This agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. 1 . 7 ENGINEER: All references to "Engineer~ shall be int~rpreted to mean the County's official designee. 1.8 UNDERGROUND UTILITIES: (Reference 4.3, 1-4, 3.2) 'The Contractor shall coordina tewi th all utility companies through the "one call" method or other appropriate steps to locate and avoid damage to all utilities that may affect or be affected by the Contractor's work. 1.9 SAFETY: (Reference 6.20) The Contractor shall use flagmen, barricades, and signs as necessary to notify the public, in particular those persons driving in the vicinity of the project, of the construction and its affect on traffic. SC-2 I I I 'I I I I, 'I I I I I I I I I I I I TECHNICAL SPECIFICATIONS SECTION T-l - SITE WORK SCOPE: The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, materials' and supervision, and in performing all operations in connection with clearing, grubbing, excavation, filling, backfilling, grading the site, field layout, staking, and grade setting in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Contract. GENERAL: , Operations shall be conducted in a manner which will provide for the safety of employees and others, Existing utility lines, walks, steps, paving; ,structures, or trees to remain shall be safeguarded end protected from damage, and supported if necessary, Prior to any work the Contractor shall obtain necessary, permits for work in the area or shall ascertain that the permits have otherwise been obtained, See Special Conditions for field layout, staking, and grade setting requirements, Classification of Excavation: All excavation in connection with site work will be considered unclassified common excavation. CLEARING: Clearing shall consist of the felling and cutting up or trimming of trees and the satisfactory disposal of the trees and other vegetation designated for removal together with the down timber, snags, brush and rubbish occurring within the project limits. Trees and other vegetation to,be removed and all stumps, roots, and brush in areas to be cleared but not grubbed shall be cut off flush with or slightly below the original ground surface, Trees and stumps in areas to the covered by embankments 3 feet or more in height shall be cut off to 8 inches or less above the original ground surface, Trees and other vegetation in areas to be cleared and grubbed may be removed by uprooting or any other method that the Contract,or may propose thatis satisfactory to the Enginee~. Individual trees and groups of trees designated to 'be left standing shall be trimmed of all live branches to such heights and in such manner as directed by the Engineer. All limbs and branches required to be trimmed shall be neatly cut close to the hole of the tree or to main branches, and be cuts more than 1-1/2 inches in di,ameter thus made shall be painted with an approved tree wound paint. GRUBBING: Grubbing shall consist of the removal and disposal of all stumps, roots larger than 3 inches in diameter to the depth specified, and matted roots from the areas to be grubbed. In foundations areas, stumps, roots, logs or other timber 3 inches and over'in diameter, matted roots, and other debris not suitable , for foundation purposes, shall be excavated and removed to a depth not less than 18 inches below any subgrade, shoulder or slope~ and to a depth of 12 inches below finish grade in areas to be grassed, TS-l I I I 'I 'I I I I I I I I I I I I I I I All depressions excavated below the original ground surface for or by the removal of stumps and roots, shall be refilled with suitable material and compacted to make the surface conform to the surrounding ground surface. Grubbing will not be required in areas other than those occupied by construction and graded and grassed areas. DISPOSAL OF CLEARED AND GRUBBED MATERIAL: Merchantable Timber: All merchantable timber (6" diameter at the base or larger) cut from the ,construction sites, or from the rights-of-way, shall remain the property of the Augusta-richmond County. The contractor shall trim and cut such timber and stack it neatly within the easement or right-of-way, as directed by the Engineer. Burning, or Removal From Site: All Timber, except such timber which the Engineer considers merchantable, all logs, stumps, roots, brush, rotten wood and other refuse from the clearing and , grubbitig operations shall be burned, except that when permitted in writing by the Engineer, logs and large stumps may be otherwise disposed of as elected by the Contractor, Such permit will state the conditions covering the disposal of such logs and stumps without burning, including the areas in which they may be placed, Timber and ot~er refuse to be disposed of by burning shall be burned at locations specified by the Engine-er, in a manner that will avoid all hazards, such as damage to existing structures, construction in progress, trees and vegetation. The Contractor will be responsible for compliance with all Federal and State Laws and regulations relative to the building 'of fires, Disposal by burning shall be kept under constant attendance until the tires have burned out or have been extinguished, MATERIALS: Borrow Material shall be selected to meet the requirements and conditions of the particular installation for which it is to be used, The material shall consist of sand soils or sand-clay soils capable of being readily shaped and compacted to be required densities and shall be free of roots, trash arid any other deleterious material. The material shall be obtained from off-site borrow pits approved by the Engineer. Borrow pits shall be cleared and grubbed as necessary, and shall be opened, excavated, graded and maintained so that adequate and proper drainage and a neat appearance shall exist at all times, Tops~il shall consist of a natural material that occurs in surface deposits of limited depth, and, in general, on elevated areas, it shall be composed of natural mixtures of clay and soil binder with sand, Topsoil shall contain not more than 25 percent of clay and shall be free of stones larger than 2 inches in diameter, roots, excessive vegetation; rubbish or other deleterious matter. Topsoil shall be approved by the Engineer before being used on the work. Topsoil as described, shall be excavated from all areas to be disturbed, whether for structures, piping, site grading, or paving, and if it cannot immediately be placed in its final location, it shall be stored for later use, Stockpiled topsoil shall be placed to afford good drainage, Topsoil work shall not be performed when the soil is so wet that the tilth of the soil will be destroyed, Embankment: This item consists of placing in fills and embartkments for roadways, and other site grading work, the materials removed from the various excavations and borrow pits, all as specified therein and in accordance with the appropriate lines, grades, sections, contours and dimensions, TS-2 I I I 'I I I I I I, I I I' I I I I I I I Crushed stone surfacing material ,shall consist of a compacted sub grade, a 4" sand-clay base, and a 2-1/2" crushed stone surface course. The surface course shall consist of dense graded crushed stone with 65 percent passing a No.4 U. S. Standard Sieve, CONSTRUCTION METHODS: General: During construction, embankments, fills and excavations shall be kept shaped ap.d drained. Ditches and drains along the subgrade shall be maintained in such manner as to drain effectively at all times. Grading shall be done so that the surface of the ground will be properly.sloped to prevent water :from running into the excavations for structures or pipe lines; any water which accumulates in excavations shall be removed promptly. Excavated materials shall not be stockpiled within a distance from the edge of any excavation less than 1-1/2 times the depth of the excavation, Suitable material removed from excavation shall be used, where feasible, in the formation of embankments, fills, subgrades, shoulders, backfills, and site grading; excess material from excavation, not required for such u~es or materials not suitable for such uses, shall be wasted in locations directed by the Engineer. Any wetting, hauling, scarifying, mixing shaping, rolling, tamping or other operation incidental to the following requirements, which, in the judgment of the Engineer, are necessary to obtain the specified results, shall. be performed by the Contractor at no additional expense to the Owner. Site Grading: Site grading shall consist of excavating and placing all necessary materials outside the limits of the various structures, Site grading shall be completed when all surfaces are, aligned with surrounding grades or are in conformity with the contours when shown, and are smooth, firm, containing the specified materials. Site grading shall include all excavation, filling and compacting required tor construction of all ditches, roads, and all other areas disturbed by construction except as otherwise specified. Site grading also shall include excavation and backfill for walks and steps. Except as otherwise specified herein, all disturbed areas on the site shall be finished off to a uniformly smooth surface, free from abrupt, irregular surface changes. The degree of smoothness shall be that ordinarily obtainable from power grader operations. The finished surface shall not be more than O. 10 foot above or below the established grade. There shall be no roots, wasted building materials, trash or other unsightly matter projecting through or visible at the surface, After all embankments and fills have been completed to grade, and after all structures and pipe lines requiring the use of heavy equipment have been completed, excavation necessary for the construction of walkways and steps may be performed. Excavation shall be accurately cut to line and grade; sufficient width for the accurate placement and adequate support of the forms shall be allowed. After the forms are removed, the backfill shall be replaced and f{~compacted around structures, walks and steps. Care shall be taken to avoid dam~ge to the walks and steps by the tampers. Topsoil shall be evenly spread over the entire area to receive vegetation cover, The compacted subgrade shall be scarified to a depth of2 inches for the bonding of topsoil with the subsoil. Topsoil shall then be evenly spread, lightly compacted (npt less tha~ one pass of a cultipacker weighing 100 to 160#/ft. of roller) and graded to a uniform thickness of not less than 3 inches, and the surface shall conform to the requirements of site grading, ditches, embankments, or other features, as applicable. Ditches shall be cut accurately to line, grade, and cross-section, Any excessive ditch excavation shall be backfilled to grade with material approved by the Engineer, consisting of suitable excavated soil, TS-3 I I I 'I I ,I I I I I I I I I I I I I I borrow, or stones or cobbles, The requirements of paragraph "Site Grading" above, shall apply to ditches except as follows: The degree of smoothness shall be that usually obtainable with string line or hand raking methods; the finished surface of ditch slopes shall not be' more than 0.10 foot above or below the appropriate elevations, Embankment: Sloping ground surface, steeper than one vertical to four horizontal, on which embankment or fill is to be placed, shall be plowed, stepped, or broken up in such manner that the embankment material will bond with the existing surface. Approved material, consisting of earth, sandy clay, sand and gravel, clay gravel, soft shale, or other granular material (not containing muck, trees, stumps" brush, matted roots or other clods of earth or stones) shall be placed in horizontal layers of loose material not more than 8 inches in depth. Each layer shall be spread uniformly and tamped and compacted to 95 percent of the density measured by Standard Proctor ASTM D698, Tamping- shall be accomplished by sheepsfoot rollers or mechanical hand tampers, Final compaction may be by an approved power roller weighing not less than 10 tons, except where insufficient cover may cause damage to pipe, INSPECTION AND TESTS: The Engineer, at his discretion, may order tests and inspections to the performed during the progress of the work, or at the completionofanyindividual unit of the work, or atthe time offinal inspection of the entire project. Random spot checks of elevation and slopes shall be conducted by ordinary differential level and profile methods, Random spot checks of topsoil thickness shall be conducted by cutting through the surface with a spade or mattock, and measuring the thickness of topsoil , exposed. Density of embankment, fill, backfill or subgrade may be measured according to the procedures of ASTM D698, GRASSING: Areas of road shoulders and other property disturbed by construction operations shall be grassed in accordance with the GRASSING section of the specifications, Areas to be grassed shall be planted, maintained, and shall utilize topsoil, lime~ fertilizer, proper and approved grass and mulch sufficic;mt to produce a cover suitable to eliminate significant erosion. MAlNTENANCE: Inspection of site work as it is completed, shall not constitute final acceptance of the item. The Contractor shall maintain all items in such condition as to be ready for final inspection from the time of completion until the final acceptance of the entire project. PAYMENT: Payment for clearing, grubbing, site grading, borrow material, sediment containment, crushed stone driveways, and erosion control shall be included in the unit price for water lines, lump sum price and other unit price or lump sum prices as appropriate, TS-4 I I I I I I I I I I I I I I I I I I I No other separate payffient will be made for the work covered by this section of the specifications and all costs in connection therewith shall be included in the appropriate lump sum or unit price in the Bid, SECTION T-2 - EXCA V AnON. FILLING AND BACKFILLING SCOPE: The work covered by this section of the specifications consists of furnishing all plant, labor, equipment, appliances, materials, layout staking and grade staking and supervision, and in performing all operations in connection with the excavation, filling and backfilling for structures and piping in strict accordance with this section of the specifications, the applicable drawings and terms and conditions of the Contract. CLASSJFICA TION OF EXCA VA TION: All excavation shall be unclassified, EXCAVATION: General: The excavation shall' conform to dimensions and elevations appropriate for the pipe line or structure. Excavation shall not be carried below the elevation necessary for construction, Excavation for Walls and Footings shall extend a sufficient distance to allow for the placing and removal of forms, installation of services and for inspection, except where the concrete wall or footing may be authorized to be deposited directly against excavated surfaces. Trench Excavation: Trenches shall be excavated true to line and grade. Trenches to receive pipe having a' nominal diameter of 24 inches or less shall not be less than 12 inches wider nor more than 16 inches wider than the outside diameter of the pipe to be laid therein, so that a clear space of not less than 6 inches nor more than 8 inches in width is provided on each side of the pipe. The maximum width specified applies to the width at or below the level of the top of the pipe. The width of the trench above the pipe maybe as wide as necessary to provide room for proper installation of the work. The contractor shall comply with the safety requirements of OSHA, The bottoms of trenches for water lines shall1;>e r:ounded so that the lower 90 degree quadrant of the pipe is in direct contact throughout its entire length with undisturbed earth or with suitable compacted fill material, Bell holes and excavation for joints shall be dug by hand after the trench bottom has been shaped, These holes shall be so spaced and sized as to pennit first class workmanship on the joint and to insure that the maximum length of pipe possible will rest on the prepared bottom of the trench, Where rock is encountered in the trench bottom, the excavation shall be carned below the bottom of the pipe a distance of6 inches or one-eighth the outside diameter of the pipe, whichever is greater. Where, in the opinion of the Engineer, the natural trench bottom is soil which is incapable of TS-5 I I I I I I I I I I I I I I I I I I I satisfactorily supporting. the pipe, such unsuitable soil shall be removed to the depth required as determined at the site. The trench bottom shall then be refilled with selected refill material, placed in 8 inch layers and compacted at optimum moisture content. Each layer shall the thoroughly tamped. The refill shall be brought to the proper elevation for the pipe. Dewatering and Drainage of Excavated Areas: Grading in the vicinity of structures shall be controlled to prevent surface water from running into excavated areas. Dewatering by pumping or well pointing from excavated areas shall be performed by the contractor' to provide a stable excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to the Owner. All dewatering methods shall be subject to' the approval of the Engineer as to capacity and effectiveness. Water removed from the excavated areas shall be conveyed in a proper manner to a suitable point of discharge where it ,will neither cause injury to public health, public or private property, the surface or use of streets by the public or work completed orin progress. Protection Against Flotation: To guard against the danger of flotation of empty or partially empty pipe due to a high water table, all dewatering ,operations shall be continued without interruption until such time as sufficient backfill has been placed over the top of the pipe to overcome the buoyancy effect of a completely empty pipe which is entirely submerged. Shoring and Protection of Excavations: Shoring shall be provided by the contractor as necessary to protect life or property, All existing structures, streets, pipes, and foundations which are not to be removed or relocated shall be adequately protected or replaced by the Contractor without cost to the Owner. The Contractor shall adequately protect the work under construction and the safety of his workman in excavations by the use of suitable sheeting, shoring and bracing, or by sloping the banks in accordance with the angle of repose of the soil. The contractor alone is responsible for any damage or injury resulting from his failure either to provide adequate protection from the excavation or to comply with OSHA requirements. Excess Material: Excess material to be used for backfill shall be stockpiled as directed by the Engineer. Excavated materia:! shall be deposited a sufficient distance from the side of excavation walls to prevent excessive surcharge on the wall. Excess excavated material not suitable or required for backfill or filling shall be wasted within the limits of the site as directed by the Engineer, Blasting: Where blasting is necessary, it shall be done in accordance with ordinances by skilled operators end precautions shall be taken toavciid damage, Suitable mats shall be provided to confine, within the limits of the excavations, all materials lifted by blasting. FILL: Earth fill shall be placed in layers not to exceed 8 inches in thickness. Each layer shall be compacted at optimum moisture content in a manner approved by the Engineer,' After compaction, the dry weight per cubic foot for each layer shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as determined by the ASTM D 698, TS-6 I I I 'I I I I I I I I I I I I I I: I I BACKFILLING: The Engineer shall be notified before backfilling in order that the work may be inspected before it is covered. After completion of the foundation. footings, walls, or pipe work, and prior to backfilling, all forms shall be removed and the excavation shall be cleared of all trash and debris. Symmetrical backfill shall be placed in horizontal layers not in excess of 8 inch thickness, and shall have an optimum moisture content when compacted, After compaction, the dry weight per cubic foot for each layer shall be at least 95% ofthe maximum Laboratory Dry Weight per cubic foot, as determined by ASTM D 698, FILL AND BACKFILL MATERIAL: Material for:fill and backfilling shall consist of the excavated material, if suitable, or borrow approved by the Engineer, and shall be free of trash, lumber, or other debris, roots and other organic, perishable or deleterious matter. MATERIAL FOR TRENCH BACKFILL: Borrow material for trench backfill shall consist of sand soils or sand clay soils capable of being readily shaped and compacted to the required densities and shall be free of roots, trash, and any other deleterious material. SELECTED REFll.L MATERIAL When directed by the Engineer, selected refill material shall be used to refill the trench bottom where unsuitable soil is encountered; or, where rock excavation is required in trenches for water lines, , selected refill material shall be used to refill the trench bottom to a minimum depth of 6 inches, Such material shall be crushed stone or gravel of suitable gradation free from sod, sticks, roots and other organic, perishable or deleterious matter, 'The Contractor shall obtain prior approval from the Engineer of the material proposed for the above use, PAVEMENT REMOVAL AND REPLACEMENT: The contractor shall replace or repair all pavement which has been removed or qamaged in his trenching operation with pavement of equal quality but not less than 8" of 4,000 p.sj, concrete, plus 2" hot plant mix over compacted fill. Sufficient pavement shall be replaced to allow for at least one foot outside of excavation limits or damaged portions. The existing pavement shall be neatly cut vertically and 'on a uniform horizontal alignment. The type of paving used in patching shall be the same as the original pavement and shall be tied into the adjacent pavement or slab as directed by the Engineer, Pavement subgrade and pavement under' the cognizance of local and state highway departments shall be replaced in strict accordance with their standards or direction. The Owner will provide permits for the opening of the pavement. The Contractor shall meet all of the requirements of such permits for work which is done within the highway right-of-way. TS-7 I I I I ,I I I I I I I 'I I I I I I I I EROSION AND SEDIMENT CONTROL: Temporary Silt Fencing shall be installed to limit the migration of silt from the construction area to waterways or proximate water courses, Filter fabrics free of defects or flaws shall be installed against a stable, post supported wire backing to intercept all runoff from the construction site. Filter Fabrics Materials shall be strong rot-proof synthetic fibers formed into a fabric of either the woven or nonwoven type, Either type of fabric shall be free of any treatment or coating which might significantly alter its physical properties after installation, The fabric shall contain stabilizers and/or inhibitors to make the filaments resistant to deterioration resulting from exposure to sunlight or heat. The fabric shall be a pervious sheet of synthetic fibers oriented into a stable network so that the fibers retain their relative position with respect to each other under normal handling, installation, and service conditions. Edges of the fabric shall be finished to prevent the outer yarn from pulling away from the fabric, During all periods of shipment and storage, the fabric shall be wrapped in a heavy-duty protective covering which will protect the cloth from 'sunlight, mud, dust, dirt, and debris, The fabric shall not be exposed to temperatures greater than 140 degrees F, The fabric s.hall meet be following physical requirements: Tensile Strength (Lbs, Min,) (ASTM D-4632) Warp - 120 Fill- 100 Elongation (% Max,) (ASTM D-4632) 40 , ADS (Apparent Opening Size) (Max- Sieve Size) (ASTMD-4751) #30 Flow Rate (Ga1lMin/Sq,Ft.) (GDT-87) 25 Ultraviolet Stability (2) (ASTM D-4632 after 300 hours weathering in accordance with ASTM D-4355) ,80 Bursting Strength (PSI Kin,) (ASTM D-3786 Diaphragm Bursting Strength Tester) 175 Minimum Fabric Width (Inches) 24 Filter Fabric Backing shall be woven wire and attached to the posts by wire, cord, staples, nails, or other acceptable means. The filter fal;>ric shall be installed in such a manner that 6 to 8 inches of fabric TS-8 I I I I I I I I I I I I I I I I I I I is left at the bottom to be buried and a minimum overlap of 18 inches is provided at all splice joints. After the fabric is installed in a trench, the trench is then to be backfilled and compacted so that no flow can pass under the barrier, The Wire Support Fence shall be at least 24" high and shall hav~ at least 6 horizontal wires 4X4 Wl..4 X WlA or equal. Posts shall be a minimum of 4 feet long and either wood,or equivalent steel'post.$ may be 'used. Soft wood posts shall be at least 3 inches'in diameter or nominal 2" X 4" and straight enough to provide a fence without noticeable misalignment. Maximum post spacing shall be 4 feet. Wife StapleslFasteners shall be #17 gauge minimum and shall have a crown at least 3/4 inch wide and legs at least ~ inch long, Nails for fasteners shall be #14 gauge minimum, 1 inch long with 3/4 inch button beads, Fasteners shall be evenly spaced with at least 4 per post. Straw Bale Ditch Checks: To control erosion in waterways and to provide additional restriction of silt migration, temporary ditch checks shall be installed. Standard rectangular mechanically produced straw bales shall be anchored to 2x4x4'-O" posts set 2.5' below grade. Removal of Temporary Soil Erosion and Sediment Control Measures: After permanent erosion control features of the work site are complete and ample grass is established, the temporary fences, ditch checks, etc, shall be removed. Silt which has collected shall be removed, or when appropriate, regraded, stabilized, and planted. RESTORATION OF PRIVATE PROPERTY: The contractor shall carefully restore all private property defaced by operations or acts of any of his agents or employees. Such restoration shall include seeding, sodding, and transplanting ofIawns, hedges or ornamental plantings, and the repair or replacement of other private facilities in such manner as to meet the approval of the Engineer and at no additional cost to the Owner. No structures or trees shall be removed without the consent ofthe property owner or until condemnation procedure, if necessary, has been completed. , PAYMENT: Except as specifically stated in the items which follow, no separate payment' shall be made for common excavation for structures imd pipeline trenches; backfill; pipe bedding; protection of utilities; mamtenanceofusable driving sUIfaces free from potholes; depressions ,and ruts, erosion control and sediment containment measures; and other work covered by this section of the specifications, Such work shall be considered as a subsidiary obligation of the Contractor in completing the work and all costs in connection therewith shall be included in the applicable lump sum or unit price items in the Bid. Pavement replaced over trench excavations will be paid for on the basis of the applicable unit price per linear foot as set forth in the Bid, TS-9 I I I I I I I 'I I I I I I I I I I I I Resurfacing: For roadway sections which must be re~aced, payment ' will be made per square yard for the resurfacing applied over the pavement replacement over trench excavations as wall as the adjoining area within the resurfacing limits, SECTION T-3 - CONCRETE SCOPE: The work covered by this specification consists of furnishing all plant, labor, equipment, appliances, and materials, and in performing all operations in connection with the installation of concrete work, complete, in strict accordance with this specification and the applicable drawings, and subject to the terms end conditions of the Contract, ' APPLICABLE SPECIFICATIONS: The current edition of the following specifications form a part of this specification: American Society for Testing Materials Designation: C 33 C 150 A615 C94 C 31 Concrete Aggregates Portland Cement Reinforcing Steel Ready-Mix Concrete Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field American Concrete Institute Publications: ACI318 ACI 315 Building Code Requirement for Reinforced Concrete Manual of Standard Practice for Detailing Reinforced Concrete Structures CONCRETE: Materials: Cement Portland Cement shall be Type I or Type III conforming to ASTM C'150, Only one brand of cement shall be used for exposed concrete in any individual structure, Fine Aggregate shall consist of natural sand, manufactured sand or a combination ,thereof, conforming to the requirement of ASTM C 33, Concrete Aggregate. Coarse Aggregate shall consist of crushed stone, gravel, or air cooled 'blast-furnace slag, or a combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregates. Water shall be clean and free from oils, acids, salts, or other injurious substances. TS-IO I I I 'I I I ,I I I I I I I I I I I I I Admixtures shall be used to provide entrained air. Other admixtures shall be used oilly with written approval of the Engineer. Air entraining admixtures shall confonn to ASTM C 260. Other admixtures shall confonn to ASTM C 494. Calcium chloride will not be permitted. Curing Materials shall be approved by the Engineer before use. Reinforcing steel for concrete shall conform to ASTM A 615, Grade 40 or Grade 60 except as otherwise noted on the drawings. Shop drawings are required.. ' ' Storage of Materials: Cement and aggregates shall be stored in such a manner as to prevent deterioration or intrusion of foreign matter. Steel reinforcing shall be stored in such a manner as to the protected from rusting, oil, grease; and distortion, Mix: All concrete shall have a ffiinimum 28-day compressive strength of4,000 pounds per square inch and a slump of 4 inches, unless otherwise indicated. All concrete shall be, mixed in a power operated batch mixer. The contents of the mixer shall be completely discharged before each new batch is loaded. Ready mix concrete shall conform to ASTM C 94. The use ofretempered concrete will not be permitted, Concrete for pipe encasement, blocking, and collars shall have a minimum strength of3,000 psi. Forms: Walls, beams, elevated slabs, footings, piers, cradles, collars, encasement, blocking, floors and other members shall be formed, where necessary, to accurately conform to the appropriate shape, lines and dimensions, Wood forms shall be made from iumber of No.2 Common Grade or better. They shall be properly braced and tied so as to maintain their position and shape, and shall be sufficiently tight to prevent leakage of grout. Finish: Floor shall be wood float finished except those normally exposed to view shall be troweled. Walls 'shall be smooth, free from holes, pockets or honeycomb; fins shall be cut off; depressions, holes, and rough spots shall be carefully pointed. 'Wall surfaces normally exposed to view shall be rubbed, Cylinders: Two cylinders per 50 yards of concrete and not less than two for each day's pour shall be tested for 28-day strength, ' PAYMENT: Except as specifically stated in the following items, no separate payment will be made for work covered by this section of the specification~ and all costs in connection therewith shall be included in the applicable lump sum or unit price items in the Bid, SECTION T -4 - SANITARY SEWERS AND APPURTENANCES SCOPE: , The work covered by this section of the specifications includes furnishing all plant, labor, supervision, TS-l1 I I I 'I 'I I I I I I I I I I I I I I I equipment and materials, and in performing all operations in connection with the installation of all piping, fittings, and appurtenances as required for the proper connection and operation of the sanitary sewer collection system in the strict compliance with this section of the specifications and the applicable plans and subject to the terms and conditions of the Contract. SANITARY SEWER PIPE: Pipe for sewers shall be furnished in accordance with the following requirements: A. Quality and Inspection: Latitudes in workmanship and finish allowed by ASTM not withstanding, all pipe shall have smooth exterior and interior surfaces; be first quality, be free from cracks, blisters, and other imperfections, and be true to theoretical shapes and forms throughout each length. Pipe shall be subject to inspection by the Engineer at the pipe plant, trench, and other points of delivery for the purpose of culling and rejecting pipe, independent of laboratory tests, which does not conform to the requirement of this Section. Pipe which does not conform will be so marked by the Engineer, and shall not be used in the work. On-the-job repairing of rejected pipe will not be permitted. B. Experience of Manufacturer: The pipe manufacturer shall submit evidence, if required by the Engineer, of having consistently produced pipe and joints of the quality specified herein, and which have exhibited satisfactory performance results in service over a period of not fewer than two years. The pipe manufacturer and the pipe manufacturing process shall be subject to approval by the Engineer. c. Polyvinyl Chloride (rve) Sewer Pipe and Fittings: Polyvinyl Chloride (PVC) Sewer Pipe shall be bell and spigot pipe in lengths not exceeding 20 feet laying lengths and shall have minimum all thickness confinningto ASTM D 3034 under the classification for SDR 35 pipe, as amended to date. Polyvinyl Chloride (pVC) sewer pipe fittings shall be bell and spigot or bell and Plain end and shall confonn to ASTM D 3034, as amended to date, 1. Markings: PVC pipe shall be marked at intervals of 5 feet or less with the following infonnation: Manufacturer's Name or Trade Mark, Plant code" Date of manufacture, Nominal 'Pipe Size, PVC Cell classification, the legend "Type PSM DR 35 PVC Sewer Pipe", and ASTM designation D 3034. Fittings shall be marked with the following information, Manufacturer'sName or Trade Mark, Nominal Size, Designation PVC and PSM and ASTM designation D 3034, All markings shall remain legible during nonnal handling, storage and installation, TS-12 I I I I I I I I I I I I I I I I I I I 2, Certification: The Contractor shall furnish the Engineer with a written statement from the manufacturer that all pipe and fittings furnished have been sampled, tested and inspected in accordance with ASTMD 3034, as amended to date. Each certification so furnished shall be signed by an authorized agent of the manufacturer. 3. Joints: All pipe shall have elastometric joints with an integral belled gasket coupler. Rubber gaskets shall comply with the physical requirements specified in the latest revision of ASTM F 477, as amended to date. Joints shall meet the requirements specified in ASTM D 3212, as amended to date. IRON PIPE AND FITTINGS: The Contractor shall furnish Iron Pipe and fittings as follows: A Ductile Iron Pipe: Pipe shall be centrifugally cast and shall conform to ANSI Specifications A21,1 0, A21. 50 and A21. 51, as amended to date, with mechanical or push-on joins and laying lengths of at least 18 feet with Class 51 wall thickness for size 3-inch and 4-inch pipe and Class 50 wall thickness for,pipe 6-inch in size and above unless indicated otherwise herein and/or on the drawings. B. Fittings: Fittings shall be cast from gray or ductile iron and shall conform to ANSI Specification A 21.10 (A WW A C 110), as' amended to date. All fittings shall have standard mechanical joints. Fittings for size 3-inch thru l2-inch shall be Class 250 for Gray Iron and Class 350 for Ductile Iron. Fittings for size l4-inch thru 48-inch shall be Class 250 for Ductile I~on. c. Lining and Coating: Pipe and Fittings shall be cement-lined (standard thickness) inside and bituminous coated outside, in accordance with the applicable provisions of ANSI Specification A 21.4 (AWWA C 104) and, ANSI A 21.51 "(AWWA C 151), as amended to date, The inside cement lining shall be treated with a bituminous seal coat. D. Weights and Marking: Weights of pipe and fittings shall conform strictly to the requirements of ANSI Specifications. The class designations for the various classes of pipe and fittings shall be cast onto fittings in raised numerals, and cast or stamped on the outside of each joint of pipe, Weights shall be plainly. and conspicuously painted in white on the outside of each joint of pipe and each fitting after the exterior coating has hardened, E. Certification: The manufacturer of iron pipe and fittings shall furnish both the, Engineer and the Owner with certified reports stating that inspection and specified tests have been made and that the results thereof comply with the applicable ANSI Specifications for each, TS-13 I I I I I I I I I I I I I I I I I I I PRECAST CONCRETE MANHOLES The Contractor shall furnish precast concrete manholes as follows: A. Precast Concrete Manholes: Precast concrete manholes shall consist of precast reinforced concrete riser sections, concentric top section and a base section conforming to Typical Details shown on Detail Drawings. Precast manhole sections shall be manufactured'in accordance with ~STM C 478, as amended to date, and these specifications. Concrete shall have a minimum compressive strength of 4,000 psi when tested in accordance with ASTM C 39, as amended to date, Steel reinforcement shall be as specified in ASTM C 478, as amended to date. Wall and bottom section shall have a minimum thickness offive inches (5"), 1. Base Section: Base sections for precast concrete manholes shall have bottom poured monolithically with the walls. Base sections shall be furnished with inside diameters of 4, 5, and 6 feet as required. Base sections shall be furnished with a minimum height of 24 inches for pipes having a diameter of 8, 10, or 12 inches and a minimum height of36 inches for pipes having a diameter of 15 or 18 inches. Minimum height for 5 or 6 foot diameter base sections shall be 48 inches regardless of pipe size, Base sections with 5 or 6 foot inside diameters shall be reduced to 4 foot inside diameter by means of an adapter ring or transition top. The openings in the base section for the accommodation of the pipe , shall be cast to closely conform to job conditions and shall provide a minimum clearance of three inches (3") between the inside bottom the base and outside bottom of the pipe barrel. 2. Riser Section: The riser sections shall be furnished in a minimum of six inch (6") increments and shall be four feet (4') in diameter with., (a) tongue and groove joint to be sealed with approved butyl rubber or bitumastic material; similar to ''Ram Nek" as manufactured by K. T. Snyder Co" Inc, Or (b) a-Ring gasket type joint conforming to ASTM C 443, as amended to date, The gasket joint shall be thoroughly cleaned of all loose materials and brushed with an approved Epoxy to give a smooth surface free of any honeycomb. 3. Alteration of Manholes: In the event that the manhole has to be altered after delivery to job sit the Contractor may, with permission of the Engineer, connect the pipe to the manhole with a collar of mortar and brick. The opening between the pipe and manhole shall have a. rillnimum clearance of one inch (i ") and shall be filled from the inside of the manhole with a non-shrink grout. TS-14 I I I I I I I I I 1 I I I I I I I I I 4, Repaired and Patched Sections: Repaired and Patched sections will not be acceptable unless each individual section so repaired and patched shall have first been inspected and approved by the Engineer, for repair and patching at the manhole plant. ' Repairs to and patching ofG-Ring grooves and shoulders will not be penmtted. 5. Absorption: Absorption shall not exceed 9 perc~nt when determined in 'accordance with ASTM C 497, as amended to date. MANHOLE BRICK.;. Brick for grade adjustment shall be whole hard burned common brick conforming to ASTM C 32 Grade MS, as amended to date. A maximum of 3 courses shall be used, CONCRETE WORK: Concrete of the respective classes for manhole bottoms, bedding, blocking, head walls, piers and other miscellaneous structures shall be as called for in the work to which they pertain, All concrete work will comply with the Georgia D.O,T, Standard Specifications, 1993, REINFORCING STEEL AND MISCELLANEOUS METAL: Reinforcing steel, structural steel, miscellaneous iron, and steel and iron castings shall conform to these specifications and shall be as called for in the work to which they pertain. They shall comply with Georgia D.O,T. Standard Specifications, 1993. . UNLOADING, HAULING, DISTRIBUTING, AND STORING PIPE AND RELATED MA TERIALS: The Contractor shall unload, haul, distribute and store pipe and related materials as follows: A. Unloading: Equipment and facilities for unloading, hauling, and distributing and storing materials shall be furnished by the Contractor. ,B. Handling: Pipe, fittings and other materials shall be carefully handled so as to prevent breaking and/or damage. C. Distributing: Materials shall be distributed and placed so as to least interfere with traffic. No street or ro'adway may be closed without first obtaining permission of the proper authorities, The Contractor shall furnish and maintain proper warning signs and obstruction lights for the protection of traffic along highways, streets and roadways upon which material is distributed. No distributed materials shall be placed in drainage ditches. D. Storage: All pipe, fittings and other materials which cannot be distributed along the route of the work shall be stored for subsequent use when needed. The Contractor TS-15 I I I 'I I I I I I I I I I I I '1 I I I shall make his own arrangements for the use of storage areas, 1. Ductile Iron Pipe: Ductile iron pipe must be stockpiled on level 'ground. . Timbers must be placed under the pipe for a base and to prevent dirt and debris from washing into the pipe. 2, PVC Pipe: PVC pipe must be stockpiled on level ground. 'If pipe is unloaded individually by hand, timbers must be used under the pipe for a base, spaced the same as factory load, with stop blocks nailed at either end, If pipe is unloaded in units, the units must be placed on level ground and shall not be stacked more than two (2) units high, LOCA TION AND GRADE: The line and grade of the sewer, and the position of manholes and other structures shall be as shown on the plans or as directed in writing by the Engineer. The price for trenching shall include the trench for the depth below tlW grade line necessary to lay the sewer to this grade, but measurements for payment will be made only to the grade line, All lines and grades shall be laid out by the Contractor from the controlling lines and bench marks established by the Engineer, or from measurements shown. All lines and grades shall be subject to checking by the Engineer but that checking shall in no way relieve the Contractor from responsibility for their correctness, The Contractor shall provide such stakes, materials, labor and assistance as the Engineer may require in laying-out work, establishing bench marks and checking and measuring the work. ORDER OF WORK.;. The Owner reserves the right to accept and use portions of the work when it is considered to be in the public's interest to do so, The Owner shall have the authority to establish the order in which the lines shall be worked, INSPECTION: All work done and materials furnished shall be subject to inspection by the Engineer or his authorized representative. Improper work shall be reconstructed and materials which do not conform to the requirements of this Se,ction shall be removed from the work upon notice being received from the Engineer of the rejection of those materials. The Engineer shall have the right to mark rejected materials and/or the Cpntractor shall segregate said materials to distinguish them as such. ORGANIZA TI9N OF WORK: The Contractor shall so organize his work that backfilling and cleanup shall closely follow pipe laying operations and manhole construction, ' TS-16 ~ /' I I I 'I I I I I I I I I I I I I I I I F or work outside the streets and roadways, work shall be performed in such manner that not more' than five hundred (500') feet of trench shall remain open at anyone time. Failure on the part of the Contractor to comply with the above provisions in a reasonable manner, in the opinion of the Engineer, shall be sufficient cause for the Engineer to order a temporary shut-down of further trenching and pipe laying operations until the provisions have been met. REMOVING AND RESETTING FENCES: At all locations where existing fences must be removed to permit construction of the sewer, the Contractor shall remove the fences and, as the sewer construction progresses, reset the fences in their original location and to their original condition, During construction, the Contractor shall 'provide temporary fencing, or employ other safeguards, which will prevent livestock from wandering to other property. PROTECTION OF OTHER UTILITIES AND STRUCTURES: Damage to existing utility lines, services, poles, and structures shall be repaired or replaced by the Contractor at his own expense. The approximate positions of certain known underground lines may be shown for infonnation. A minimum clearance often feet (10') horizontal and eighteen inches (18") vertical must be maintained between new sewer lines and existing water mains. Existing small lines are not shown. The Contractor shall locate existing small lines and other possible existing unknown utility lines, with an electronic pipe finder and shall excavate and expose all existing underground lines in advance of trenching operations. Removing and relaying of those lines and appurtenances which constitute an obstruction to the completed line and grade of the new work, in the opinion of the Engineer, will be made at the expense ofthe Owner, unless otherwise shown on the Drawings to be altered by the Contractor, PROTECTING TREES, SHRUBBERY, AND LAWNS: Trees and shrubbery along trench lines crossing developed private property shall not be disturbed unless absolutely necessary, subject to approval by the Engineer. Trees and shrubbery to be removed shall be properly heeled -in and replanted, Heeling-in and replanting shall be done under the direction of an experience nurseryman. Where sewer trenches cross private property through established lawns, sod shall be cut, removed, stacked and maintained in suitable condition until r.eplacement is approved by the Engineer. Topsoil underlying lawn areas shall likewise' be removed and kept separate from general excavated materials and will be replaced at the smface of the trench in back filling. In lieu of removing and replacing sod, the Contractor may, if approved by the Engineer, regrass lawns by seeding or sprigging with grass, of the same type as the established lawn. TS-17 I I I 'I I I I I I I I ,I' I I I I I I I BED,DING OF pve AND DUCTU-E IRON PIPE: All pipe shall be laid on foundations prepared in accordance with the following specifications. A. PVC Pipe: PVC pipe shall be laid as specified using the following classes of bedding required for the various type soils and conditions encountered. Bedding for PVC pipe shall be in accordance with ASTM D 2321, as amended to date, the manufacturers recommendations.and these specifications. 1. Bedding Material: Class I Materials shall be used for bedding and haunching in all conditions, Class II, Class III, Class IV, and Class V materials will not be permitted for bedding and haunching under any condition. 2, Depth of Bedding: Trench shall be undercut to allow for a minimum of six inches (6") of bedding material. Bell holes shall be excavated , in the bedding material to allow for unobstructed assembly of the joint but care shall be taken to assure that bell hole is no larger than necess,ary to accomplish proper joint assembly. After joint assembly, material shall be placed under and around the entire length of pipe and compacted, Compaction up to one-half the outside diameter of the pipe and the full width of the ditch shall be of the same material used in the bedding, Badcfilling shall then be carried to a point six inches (6") above the top of pipe, using hand tools ,for tamping. If the remaining backfill material contains large particles which could damage the pipe from impact during placement the initial backfill shall be increased to twelve inches (12") above the top of the pipe. Puddling will not be allowed as a method of compaction. The remaining b~ckfill shall be as specified in "Selected Backfill" and "General Backfill" paragraphs of these specifications, Pipe shall have at least thirty six inches (36") of cover before w~eelloading and at least forty eight inches (48 It) of cover before using heavy duty tamping equipment such as a hydroharnmer. 3, Definition of Bedding Material' Class I, II, III, IV, and V materials are defined as follows: Class I - Angular 1/4 to 3/4 inches graded stone. Latest revision of ASTM C 33 - Gradation #67 (ASTM #67) or #57 (ASTM #57) are acceptable. Class II - Course sands and gravels with maximum particle size of3/4 inches including variously graded sands and gravels containing small percentages of fines, generally granular and non-cohesive, either wet or dry. TS-18 I I I I I I I I I I I I I I I I I I I Class III - Fine sand and clayey (clay filled) gravels, including fine sands, sand-clay mixtures and gravel-clay mixtures, Class IV - Silt, silty clays and clays, including inorganic clays and silts of medium to high plasticity and liquid limits. Class V - This class includes organic soils as well as soils containing frozen earth, debris, rocks larger than 1-1/2 inches in diameter, and other foreign materials, C. Bedding of Ductile Iron Pipe: Ductile iron pipe for gravity sewers shall be laid as specified using the following type of bedding required for the depth of cover for the various sizes of pipe to be installed. 1. Flat bottom trench on undisturbed earth, Backfill shall be as specified in the "Selected Backfilling" and "General Backfilling" paragraphs, 2. Pipe bedded in 4-inches of select materials (may be excavated material iffree from rocks, foreign material and frozen earth). Backfill shall be as specified in the "Selected Backfilling" and "General Backfilling" paragraphs, D. Payment: No extra payment will be made for bedding, the cost therefore to be included in the prices bid for sewers, TRENCH WIDTHS: Trench widths and depths (where applicable) for PVC pipe. A. PVC Pipe: The maximum trench widths and depths with the various classes of bedding and required conditions shall be as follows: 1. Trench Width: The maximum clear trench width at the cop of the pipe shall not exceed a width equal to the normal pipe diameter plus eighteen inche~ (18"). If this width is exceeded or the pipe is installed in a compacted embankment, pipe embedment shall be compacted to a point at least 2.5 pipe diameters from the pipe on both sides of the pipe or to the trench walls, whichever is less. 2, Trench Depths: Pipe Sizes 6-Inch to 21-Inch, Inclusive Class of Bedding I % of Proctor ,Density Range 95 Maximum Height of Cover 30 TS-19 I I I I I I I I I I I I I, I I I I I I 3, Compaction: If the proper compaction cannot be obtained with materials from trench excavation, the Contractor will be required to obtain them elsewhere, LAYING GRAVITY SEWER PlPE: All sewer pipe shall be laid upgrade, spigots shall point downgrade. The pipe shall be laid in the trench so that, after the sewer is completed, the invert surface shall conform accurately to the grades and aligninent fixed or given by the Engineer, The interior of all pipes shall be carefully freed of all dirt and superfluous material of every description, as pipe laying proceeds, Defective joints discovered after laying shall be repaired and made tight. Defective pipe shall be removed and proper , replacement made. ' A. PVC Pipe with Elastomeric Joints: Proper implements, tools and equipment shall be used for placement of the pipe in the trench to prevent damage, Under no circumstances may the pipe be dropped into the trench, In subfreezing temperatures, caution shall be exercised in handling pipe to prevent impact damage, All pipe shall be carefully examined for cracks, blisters, nicks, gouges, severe scratches, voids, inclusions, and other defects before laying. If any pipe is discovered to be defective after having being laid, it shall be removed and replaced with sound material at the expense of the' Contractor, 1. Assembly of Gasketed Joint: The assembly of the gasketedjoint shall be performed as recommended by the pipe manufacturer, The elastomeric gaskets may be supplied separately in cartons or pre-positioned in the b~ll joint or coupling at the factory. When gaskets are color-coded, the Contractor shall consult the pipe manufacturer or his literature for the significance, In all cases, the gasket, the bell or coupling interior, especially the groove area (except when the gasket is permanently installed) and the spigot area shall be cleaned with a rag, brush, paper towel to remove any dirt or foreign material before the assembling, The gasket pipe spigot bevel, gasket groove, and sealing surfaces shall be inspected for damage of deformation. When gaskets are separate, only gaskets which are designed for and supplied with the pipe shall be used. They shall be inserted as recommended by the manufacturer. Lubricant used shall be supplied by the pipe manufacturer and shall be applied as specified by the pipe manufacturer. 2. Lubrication: After lubrication, the pipe is ready to be joined" Good alignment of the pipe is essential for ease of assembly, Align the spigot to the bell and insert the spigot into the bell until it contacts the gasket uniformly. Do not swing or "stab" the joint, that is, do not suspend the pipe ,aI1d swing it into the bell. The spigot end of the pipe is marked by the manufacturer to indicate the proper depth of insertion. Ifundue resistance to insertion of the pipe end is encountered, or the reference mark does not position properly, the joint shall be assembled and the position ofthe gasket checked. If it is twisted or pushed out of its seat (''fishmouthed''), the Contractor shall inspect components, and repeat the assembly steps. Both pipe lengths must be concentric alignments: If the gasket was not out of position, the Contractor shall T S -20 I I I 'I I I I I I I I I I I I I I I I verifY proper location of the reference mark. The reference mark shall be relocated if it is out of position. 3, Field Cut: Field cut pipe to be joined shall be square cut using a hacksaw, handsaw or power saw with a steel blade or abrasive disc. The pipe shall be marked around its entire circumference prior to cutting to assure a square cut. A factory-finished beveled end shall be used as a guide for proper bevel angle, and depth of bevel plus the distance to the insertion reference mark. The end may be beveled using a pipe beveling tool or a wood rasp which will cut the correct taper. A portable sander or abrasive disc may be used to bevel the pipe end. Any sharp edged on the leading edge of the bevel must be rounded offwith a pocket knife or a file, 4, Deflection Testing: .The maximum deflection in the installed PVC pipeline shall not exceed 5% ofthe pipes original internal diameter. Deflection testing will be required using either a defectometer or a "GO-NO-GO" mandrel. The Engineer shall randomly select portions of the project to be deflection tested. Such portions shall consist of not less than 5% of the total reaches (Reach being lengths of pipe between two manholes) in the project (excluding house leads), Where deflection is found to be excess of 5% of the original pipe diameter, the Contractor shall excavate to the point of excess deflection and carefully compact around the point where excess deflection was found, The line shall then be retested for deflection, However, should after the initial testing the deflected pipe fail to return to the original size (inside diameter) the line shall be replaced. In the event that deflection occurs beyond the 5% limit in any section of 5% ore more ' of the reaches test, the entire system shall be tested. B. Ductile Iron Pipe with Mechanical or Push-On Joints: Proper and suitable, tools and equipment shall be used for the safe and convenient handling and laying of ductile iron pipe, Care shall be taken to prevent damage to the exterior coating and interior cement lining. All pipe ~hall be carefully examined for cracks and other defects before laying. If any pipe or ' fitting is discovered to be defective after having being laid, it shall be removed and replaced with sound material at the expense of the Contractor. Whenever pipe is required to be cut, the cutting shall be done by skilled workmen using an abrasive wheel cutter. Use of a cold chisel or oxyacetylene torch wi1.l fiot be permitted, }, Mechanical Jointing: Mechanical joints shall be made only by experienced mechanics, Sockets and spigots shall be washed with soapy water before slipping gland and gasket over the spigot end of the pipe. The spigot shall be inserted in the socket full depth, ,then backed off 1/4 inch to provide clearance for expansion. The gasket shall be brushed with soapy water and shall be pushed into position, making sure the gasket is evenly seated in the socket. The gland shall then be moved into position for compressing the gasket. All bolts and nuts shall be made "finger-tight" ' TS-21 I I I 'I I I I 1 I I I I I I I I I I I The gland shall then ,be moved into position for compressing the gasket. All bolts and nuts shall be made i'finger-tight" For joints made in trenches, the bolts shall be tightened to a uniform tightness, using a torque wrench for tightening. Bolts shall be tightened alternately 180 degrees apart. 2. "Push-On" Type Joints: The groove and bell socket shall be thoroughly cleaned and lubricated before the gasket is inserted, Before inserting the gasket, it shall be thoroughly lubricated and manufacturers instructions shall be followed for proper facing and seating of gasket. After the gasket is in place and just prior to joint assembly, a generous coating of lubricant shall be applied to the exposed gasket surface, The lubricant used shall be a lubricant supplied by the pipe manufacturer. The plain end shall be inspected and any sharp edges which might damage the gasket shall be removed by means of a file or a power grinder, Pipe that is cut in the field must be ground and'beveled before assembly. Prior to inserting the plain end of the pipe into the bell socket lubricant shall be applied to the beveled'nose of the pipe, Small pipe may be pushed home with a long'bar but large pipe will require additional power such as a jack, lever or backhoe. A timber header shall be used between the bell and bar or other power to avoid damage to the pipe. During assembly of the pipe, the joint must be kept straight while pushing. Pipe may be deflected if desired but only after the assembly is complete, 3. Mechanical Joint or Push-On Joint Pipe on Piers: Mechanical or Push On Joint pipe may be used on piers in gravity sewer lines, Pipes shall be laid with 1/4 inch clearance in each joint to provide for expansion. Jointing of pipe shall be as described above, On mechanical joint pipe, the bolts shall be tightened alternately 180 degrees apart, but be left "finger-tight" until the sewage is diverted into the sewers; then the bolts shall be further tightened a sufficient amount which will prevent slippage which may occur because of temperature stress: PLACING PRECAST CONCRETE MANHOLES OR CONSTRUCTING BRICK MANHOLES: Precast concrete manholes, brick manholes, or a combination or precast concrete and brick manholes shall be placed or constructed where shown and/or directed by the Engineer. Manholes shall be 4, 5, and 6 feet in diameter as deterniined from. the schedule of pipe sizes and line deflections, or as shown. The top of manholes outside of roads, streets, and highways shall be built to grades twelve inches (12") above ground surface unless otherwise shown on the Drawings, Manholes in roads, etc. shall be built to grade designated by the Engineer, Vented manholes shall be constructed to elevations as shown on the Drawings. Brick manholes shall not be used within the rights-of-way of county roads, TS-22 I I I I I I I I I I I I I I I I I I I Manholes shall be placed and/or constructed as follows: A. Precast Concrete Manholes: Precast concrete manholes shall be bedded on not less than six inches (6") of compacted crushed stone at Contractor's expense, The crushed stone shall extend to not less than six inches (6") outside the walls of the manhole, and shall be compacted under entire length of pipe within manhole excavation, 1. Connection of Pipe to Manholes: Connections of pipe to manhole for 4-inch through' IS-inch pipe shall be made with a flexible joint system. The joint system shall be a neoprene or synthetic rubber boot or sleeve, either cast or core drilled into' the wall of manhole. The boot or sleeve shall be clamped and seat~d to the pipe with a stainless steel band, The boot or sleeve system shall be "Lock Joint Flexible Manhole Sleeves" as manufactured by Interpace Corporation, Parsippany, New Jersey, or ''KOR-N-Seal'' as manufactured by National Pollution Control Systems, Inc., Nashua, New Hampshire or equal, Connections of pipe to manhole shall have a minimum clearance of one inch (1") and shall be filled from the inside of the manhole with a Non-shrink grout. 2, Adiustment: The top of the concentric top section shall have a minimum wall thickness of eight inches (8") to accommodate brick courses for height adjustment. A maximum of three (3) brick courses will be allowed for adjustment of manhole to required grade. B. Drop Connections: Drop connections will be required, where called for on the Drawings, or as determined by the dimensions shown in "Drop Manhole Schedule", shown on the Drawings, Drop pipe shall not be smaller than 8 inches. Generally drop pipe shall be one size smaller than the sewer which they serve, Openings in walls of precast concrete manholes for drop connections shall not be made at joints, Drop connection fittings and riser pipe shall be encased in brick and mortar or formed Class "C" concrete. Drop connections for both brick and'precast concrete manholes shall conform with typical details as shown on the Drawings, Drop connections shall be carefully backfilled to prevent dangerous side pressure. C. Manhole Inverts: Manhole inverts shall be carefully constructed with cement grout, Class "B" concrete, or cement mortar brickwork; special care shall be taken to lay the channel and adjacent pipes to grade, Cement mortar shall be made of one (1) part cement and two (2) parts clean sharp. sand, Channels shall be properly formed,' rounded,' and troweled smooth. The connections of the sewer with the wall and channel of the manhole sliall be tight and smooth. D, Manhole Steps: Manhole steps shan conform to the details shown, Steps for brick manholes shall be installed along a vertical centerline, on approximately 15" centers, Steps shall be firmly and securely built into manhole walls as brickwork proceeds, Steps for precast concrete manholes shall be installed along a vertical centerline, on approximately 14" to 16" centers, I E. Future Sewer Connections: Where shown, a twelve inch (12") long pipe stub for future TS-23 I I I 'I I I I I I I I I I I I I I I I sewers, of such size as any be designated, shall be laid to proper grade and alignment and plugged with a factory plugwlth same type joint as lised on the sewer pipe, F. Manhole Frames and Covers: Manhole frames and covers shall be as detailed and shown on the Drawings and as called for in the proposal and shall include setting to finished grade as required, and grouting in place, , CONNECTIONS TO EXISTING SEWERS: At locations where new sewers are shown to be connected to existing sewers at a new manhole, the Contractor shall first expose the existing sewer and install a supporting timber beam with suitable straps around the pipe so as to bridge the excavation for the new manhole, The manhole ~ha11 then be constructed complete with invert and frame and cover. Under special conditions, the Contractor may temporarily block and/or divert sewer 'flows to facilitate the construction operations, Actual physical connection of the sewer will be made at a later date, as directed, HIGHWAY CROSSING: The Contractor shall install pipe lines across highways in accordance with the applicable regulations of the State Highway Department and as shown on the Drawings. CONCRETE PIERS: Concrete piers for ductile iron pipe shall be constructed of Class "A" concrete, and shall be constructed as shown on the Standard Detail Drawing, If rock is encountered, piers supporting pipe lines across streams shall be anchored into the rock, as shown on the Detail Drawings, so as not to resist overturning during periods of flood stages in the stream, Holes not smaller than two and one- half inches (21/2") in diameter by two feet (2') deep shall be drilled into the rock after excavation for the footing is complete; No, 6 reinforcing bars shall be embedded in grout made with high-early strength cement poured into the holes, In wet holes, grout shall be deposited with a trernie, Straight bars shall be used, and shall be bent over for anchorage after the concrete has attained its full strength, Where unusually poor soil conditions are encountered, the Engineer may direct that spread footings of concrete be constructed, or that pin piles be driven for support of piers, CLOSING PIPE: When the work of pipe-laying is suspended for the night, and at other times, the end of the sewer shall be closed with a tight cover, The Contractor shall be responsible for keeping the sewer free from obstruction. - TESTING AND CLEANING: Before acceptance of any sewer or systems of sewers, lines shall be cleaned and tested in accordance' with these Specifications. Where any obstruction is met, the Contractor will be required to clean the sewers by means of rods, swabs, or other instruments. Lines and manholes shall be clean before final inspection, Pipe lines shall be straight and show a uniform grade between manholes, The r TS-24 I I I I I I I I I I I I I I I I I I I Contractor shall be required to correct any variations therefrom which may be disclosed during the inspection. LEAKAGE TESTS: All sewer lines, including in-house service lines, shall be tested for leakage, in the presence of the engineer or his representative, before being placed into service. These shall be conducted by one or a combination ofthe following three methods: ' A. Infiltration Test: Where natural ground water levels stand a minimum of two feet (2') above the top of the pipe, the amount of leakage may be determined from measurements made at the lower end of the sewer section under test. ' Sewers above the test section shall be closed before testing by the installation of suitable watertight bulkheads, The length of the test section shall be determined by the Engineer, The average of six readings at five minute intervals will be used to determine the rate of infiltration for anyone test section. The rate of infiltration of ground water into any test section of sewer, including manholes, shall not exceed the following: Size of Sewer Gallons Per 24 Hours Per Foot of Sewer 8" 10" 12" 15" 18" 21" 24" 30" 0,30 0.38 0.45 0,57 0.68 0.80 0,91 1.14 B, Exfiltration Test" Where natural ground water levels do not stand two feet (2') above the top of the pipe, an ex:fiItration test shall be conducted on each section of the sewer. The test shall be performed up to an average maximuril'hydrostatic head often feet (10'), The test shall be conducted in the following manner. The ends of the pipe in the test section shall be closed with suitable watertight bulkheads. Inserted into each bulkhead at the top of the sewer pipe shall be a 2-inch pipe nipple with an elbow, At the upper end of the test section a riser pipe shall be installed. The test section of the pipe shall be filled through the pipe connection in the lower bulkhead which shall be fitted with a tight valve, until all air is exhausted and until water overflows the riser pipe at the upper end, Water may be introduced into the pipe twenty-four (2) hours prior to the test period to allow complete saturation, House service lines, if installed, shall also, be' fitted with suitable bulkheads having provisions for the release of air while the test section is being filled with water. During the test period, which ~hall extend over a period of thirty (30) minutes, water shall be TS-25 I I I I I I I I I I I I I I I I I I I introduced into the riser pipe from measured containers at such intervals as are necessary to maintain the water level at the top of the riser pipe, The total volume of water added during the thirty (30) minute test period shall not exceed that shown for infiltration in (a) above, C, Low Pressure Air Test: Where sewer grades are such that preclude performance of the exfiltration test or at the Contractor's option, a low-pressure air test shall be conducted on each section of sewer after completion and before acceptance. Prior to air testing, the section of sewer between manholes shall be thorougWy cleaned and wetted, Immediately after cleaning or while the pipe is water soaked, the sewer shall be tested with low pressure air. At the Contractor's option, sewers may be tested in lengths between manholes or in short sections (25 ft. or less) using Air-Lock balls pulled through the line from manhole to manhole, Air shall be slowly supplied to the plugged sewer section until internal air pressure reaches approximately 4,0 psi. After this pressure is reached and the pressure allowed to stabilize (approximately 2 to 5 minutes), the pressure may be reduced to 3.6 psi before staring the tests. !fa 1.0 psi drop does not occur within the test time, then the line has passed the test. If the pressure drops more than 1,0 psi during the test time, the line is presumed to have failed the test and the Contractor will be required to locate the failure, make necessary repairs, and retest the line, Minimum test time for various pipe sizes, in accordance with ASTM C 828, as amended to date, is as follows: Nominal T(time) Pipe Size Min/l00 (Inches ) Feet 8 1.2 10 1.5 12 1.8 15 2.1 18 2.4 24 3,6 30 4.8 Required test equipment include Air-Lock balls, braces, air hose, air source, timer, rotometer as applicable, cut-off valves, pressure reducing valve, 0-15 pressure gauge, 0-5 pressure gauge with gradations in 0.1 psi and accuracy of :1:2%, The Contractor shall keep record ofall tests made. Copy of such records will be given to the Engineer or the Owner" Such records shall show date, line number and stations, operator and such other pertinent information as required by the Engineer. The Contractor is cautioned to observe proper safety precautions in performance of the air testing, It is imperative that plugs be properly secured and that care be exercised in their removal. Every precaution shall be taken to avoid the possibility of over pressurizing the sewer line, TS-26 I I I I I I I I I I I I I I I I I I I D. Repairs: All visible leaks shall be repaired regardless of whether infiltration, exfiltration or air test is within allowable limits. No sewer will be accepted until leakage tests demonstrate compliance with one of the above leakage test methods. CLEANING UP: Before the work is considered complete, all material not used, and rubbish of every character must be removed from the project. All streets, sidewalks, curbs, fences, and other private or public, facilities and structures disturbed must be in essentially as good condition as existed before the work was done, Any subsequent settlement ofback:fill or pavement over trenches shall be replaced by the Contractor and the surfaces brought to grade, ACCEPTANCE OF WORK: Sewer lines and appurtenances will not be considered ready for acceptance until all provisions of the Specifications have been complied with, until, all tests have been satisfactorily completed, and until inspection of the work has been made. Sewage flows shall not be diverted into new sewers until after such time as final inspection of the lines has been made by the Engineer, and permission grated therefor, ' PAYMENT: All items included in these Specifications shall be paid for at the unit prices shown in the bid form. No separate payment will be made for items not shown, SECTION T-5 - GRASSING SCOPE: , This section covers the furnishing of all labor and materials and the performance of all work required to assure the establishment of a dense permanent cover of common Bermuda grass on all areas off the site disturbed by construction operations, SEED BED PREP ARA TION: Final grades will be established as shown on the plans prior to any seed bed preparation. Washes, low spots and hillocks or windrows will be evened and the bed will be smoothed to facilitate. uniform drainage after establishment of the turfbefore tillage is begun. Graded surfaces will be maintained in a smooth and even condition until the required cover is established. After the areas to be seeded have been brought to an even and smooth grade, they shall be thoroughly loosened to a depth ofleast six (6) inches by plowing, disking, harrowing, or other approved methods until the tillage is acceptable as suitable for seeding. During tillage operations, the surface shall be cleared of all roots, cable, wire, or other waste material which might hinder final grading, planting, or subsequent maintenance operations. Any operations of the Contractor, shall be smoothed out before seeding operations are begun, TS-27 I I I I I I I I ,I I I I I I I I I I I FERTlLIZATION: Fertilization shall be distributed unifoimiy at a rate of 1,500 pounds of commercial 10-10-10 analysis fertilizer per acre, and shall be incorporated into the soil to a depth of approximately three (3) inches bydisking, harrowing, or by other approved, methods, The incorporation offertilizer may be apart of the till~e op~ration specified above, or apart of the hydroseeding procedure as described below: Immediately following, or simultaneous with, the incorporation of fertilizer, lime shall be distributed at the rate of2,000 pounds per acre arid shall be incorporated into the soil to a depth of at least three inches by disking, harrowing, or other acceptable methods, The incorporation of lime along with the fertilizer may form a part of the tillage operation specified above, / Not less than 30 days after completion of seeding, the Contractor shall furnish and apply Nitrate of Soda or Ammonium Sulphate to the planted areas. Nitrate of Soda shall be commercial product, containing not less than -16 percent Nitrogen and Ammonium Sulphate no~ less 20 percent Nitrogen, The Nitrogen fertilizer shall be uniformly spread and distributed with approved equipment at the rate that will give not less than 60 pounds of available Nitrogen per acre. Other commercial types of nitrogenous material may be substituted at the option ofthe Contractor. The time of application shall be limited to the season of June through August. ' SEEDING: Permanent grass cover will consist of Common Bermuda seeded in accordance with one of the following methods: Between the dates of April 15 and September 15, Hulled Common Bennuda seed and Top Millet seed shall be applied at a rate of 40 pounds of seed per acre. ' If seeding is undertaken between September 15 and April 15, UnhulledCommon Bermuda seed shall be applied at a rate of 40 pounds of seed per acre simultaneously with Abruzzi Rye seed at a rate of 200 pounds per acre. Seed may be applied by means of a Hydroseeder or other means approved by the Engineer. COMPACTION: Immediately after seeding operations have been completed, the areas shall be compacted by means of a cultipacker, roller wood float, or other approved equipment sufficiently weighted, or compacted by hand methods, to reduce air pockets to a minimum. The completed planted areas shall be left with a firm, even surface, free from abrupt humps and hollows, and to the established grade, MULCHING: All areas planted to permanent grass shall be uniformly mulched with hay or straw at the rate of 1 ~ tons per acre, except where hydro seeding is employed using cellulose mulch mixed with the seed and fertilizer. TS-28 I I I I I I I I I I I I I I I I I I I ACCEPTANCE: Grassed areas will be accepted when a 95 percent cover by penncirtent grasses is obtained and weeds are not dominant. APPLICABLE SPECIFICATIONS: Included by reference in this section are the requirements of Section 700, Grassing, Standard Specifications for Highway Construction of the Georgia Department of Transportation, Edition of 1972, MEASUREMENT - PAYMENT: Work performed under this section will be paid for at the lump sum price for Grassing appearing in the Proposal Bid Schedule, Payment therefor will include full compensation for all materials, labor and equipment required to establish the required permanent stand of grass, TS-29 I I I I I I I I I I I I I I I 1 I I I SECTION P PROPOSAL Date:~ J,toJ J9CJ6 Gentlemen: r,,In compliance with your invitation for bids dated tl~ A& , 19~, . the undersigned hereby proposes to furnish al labor, equipment, and materials, and to perform 'all work for the' installation of streets, and appurtenances referred to herein as: Horseshoe Road Sanitary Sewer Extension Project: ARC #U-94-04 in strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule attached heJ:eto and totaling: . ~\~~ Y1LCr\<iv-ed e.-\~h~e'-~ +hOLt-SCLrId tLoo hundvt.d ~ Y\h e...', 'nr- dol Iays..}- to 100 DOLLARS $ g'.\<l ~<6'6. 103 The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the OWNER, and that he will provide the bond or guarantees required by the Contract Documents. The undersigned further agrees that, if awarded the contract, he will commence the work within ~ calendar days after the date of written notice to proceed, and that he will complete the work within ~ working days after the date of such notice. The undersigned acknowledges receipt of the following addenda: Respectfully Submitted, P-l I I I I I I I I I I I I I I I I I I I RICHMOND COUNTY WATER & SEWER DEPARTMENT HORSESHOE ROAD SANITARY SEWER EXTENSION PROJECT: ARC U-94-04 ENGINEER'S ESTIMATE UNIT ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 230-1000 LUMP SUM CONSTRUCTION ' LUMP 1 116,500.00 116,500,00 000-9001 SOIL EROSION & SEDIMENT CONTROL LUMP 1 9,500.00 9,500.00 000-9002 ROAD CUTS & REPAIR EACH 2 , 1,200.00 2,400.00 000-9003 REPRODUCIBLE AS-BUILTS LUMP 1 1,500.00 1,500.00 660-0006 6" SANITARY SEWER SERVICE L.F. 400 18.00 7,200.00 660-9999 6" CLEAN OUT EACH 20 175,00 3,500.00 660-0015A 15" SANITARY SEWER LESS TIiAN 12' DEEP L.F. 957 31.40 30,049.80 660-0015B 15" SANITARY SEWER MORE TIiAN 12' DEEP L.F. 401 33.40 13,393.40 660-0820A 20" SANITARY SEWER LESS TIiAN 12' DEEP L.F. 3342 52.04 173,917.68 660-0820B 20" SANITARY SEWER MORE TIiAN 12' DEEP L.F. 683 55.04 37,592.32 660-0824A' 24" SANITARY SEWER LESS TIiAN 12' DEEP L.F. 4396 59.12 259,891.52 660-0824B 24" SANITARY SEWER MORE TIiAN 12' DEEP L.F. 881 64.12 56,489.72 668-3300 SANITARY SEWER MANHOLE, TYPE 1 EACH 37 1,604,07 59,350.59 668-3311 ADD. DEPTII, 6-10 FEET, CLASS 1 L.F. 30 147.08 4,412.40 668-3312 ADD. DEPTII, 6-20 FEET, CLASS 2 L.F. 140 197,08 27,591.20 700.6001 GRASSING COMPLETE LUMP , 1 15,000.00 15,000.00 , TOTAL $ 818,288.63 ADDITIONAL ITEMS OF CONSTRUCTION TO BE PERFORMED BY THE CONTRACTOR, IF REQUIRED, AS DETERMINED BY THE ENGINEER (Please state unit prices): 1. Select Refill Material- Stone, Type II $ 20.00 TON 2. Rock Excavation. $ 55.00 C.Y. Note: Rock Excavation is defined as earth material encountered during excavation which cannot be removed or excavated with normal excavation equipment. The quantity of rock excavation work will be computed by the Engineer on the baSis of measurements taken by the Engineer, FAILURE TO QUOTE REASONABLE PRICES FOR ADDITIONAL ITEMS MAY CAUSE THE BID TO BE REJECTED! P-2 I I I I I I I I I I I I I I I I I I I RELIANCE INSURANCE CO~PANY , HOME OFFICE, PHilADELPHIA, PENNSYLVANIA BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS . 0, A,I.A, DOCUMENT NO, A-310 (FEB, 1970 ED,) KNOW ALL MEN BY THESE PRESENTS, THAT WE Mabus Construction Company, Inc., Augusta, Georgia as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinaf- tercalled the Surety, are held and firmly bound unto Augusta Richmond County Commission, Augusta, GA as Obligee, hereinafter called the Obligee, in the sum of AN AMOUNT EQUAL TO TEN PERCENT OF THE PRINCIPAL'S BID - Dollars ($ 10% OF BID-- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our. selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Horseshoe Road Sanitary Sewer, Augusta, GA NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter'suCh Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th day of August A.D. 1998 ~~.~ M::lhus r.nnstrue-r; nn r.nmp;:my. Tne- (Principal) (Seal) B.~~ V ~tl;) -- RELIANCE INSURANCE COMPANY . BDR-2305 6/95 T 1 . . . ..- .:. . . . . RELIANCE SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY RELlANCE<~SuR:AN~E COMPANY RELIANCE NATIONAL INDEMNITY COMPANY - . .. . ADMINISTRATIVE OFFICE, PHILADELPHIA. f;>ENNSYLVANIA\,,:' , ' POWER OF ATIORNE:Y' .\':".- ;. - . ",r" KNOW ALL MEN BY THESE PRESENTS. that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del. aware, and that RELIANCE INSURANCE COMPANY and, UNITED PACIFIC INSURANCE COMPANY. are corporati.ons dulY",organized under the laws ot the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation ,duly organized u!'lde, the laws ot the State of Wisconsin (herein collectively called "the Companies"} and that the Companies by virtue of signature.. and seals do hereby make, constitute and appoint laura W. Dennison. C. Criss Williams, Jr., of Columbia. South Carolina their true and lawful' Attorney(sl.in.Fact;to make, execute. seal and deliver tor and 01) their behalf, and as their act and deed any and all bonds,and undertakings of suretyship and to bind'the Companies thereby as fully and to the same extent as it such bonds and undertakings and ..other writings obligatory in the', nature thereof were 'signed by an Executive Officer of the Companies and sealed and attested by one other of such officers. and hereby: ratifies and' confirms' all that their said Attorney(s)-in-Fac~ may do in pursuance hereof. ' ~,-"" ""....,' , ".'j." "'- "- p", , .- . . " This Power of Attorney is granted under and by theauthority:'of Article VII, of, the 'By-taws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY. UNITED PACIFIC INSURANCE COMPANY; and' RELIANCE' NATIONAL INDEMNITY COMPANY which p~ovisions ar.e now in full force and effect. reading as follows: , ' ',:' ',' ' ARTICLE VII, EXECUTION OF BONOS ANO'UNOEATAKINGS 1. The Board of Qirectors. the President. ttle Chairman af the Board. any Senior Vice ~r8sid8nt. any Vice President or Assistant Vice President or other.oHicer deslon~ed bv the Board of '.. Directors shall have power and authority to fa} appoint,'Artorney(sHn-Fact, and. to authorize them to execute on behatf of the Company. bonds and undertakings..recognlzances. COnfracts of IndemnIty and otner writings oblig~tory in the nature thereof, and io) to remove any suen, Anorney(st-in-Fact at any time and revoke the power and aut....OI'ity gIven to'tnem', , 2, AttorneYlsHn,Fact snaU nave power and authority, subiect to ihe terms and limitation. of the Power of Attorney issued to them, to execute deliver on',toenall of the Comoany, oonos and undertakings. recognizances. contracts of indemnity and otl'\er writings obligatory in the nature" thereof. The eorOQrate seaJ is not necessary for t~,"vaJidity of. any bonds and undenaic:lngs. recognizances. contracts of indemnity and other writings obligatory in the nature thereof. . , - ' . ~ 3. Anorneyls)-in-Fact shall have power and authority to execute aHidavits required to be attached to bof'lds. recognizances. contracts of indemnity or other COnditional or obllgatorv undonak.ngs and they shall also have power and authority to certify the financial statement of tne Company and to. copies of the By~LavYs of the Company or any article Or section thereat. ThiS Power of Attorney IS signed and sealed by facsimile under and by authority of the following resolution. adogted by. the Exeeutiv8 and Finance Commlnees of the Boards of Olfectors of Reliance Insurance Company. United PaCific Insurance Company and Reliance National Indemnity Company by U~anlmOf..a Consent dated as of February 2B. 1994 and by the Executive and FlnanCJal Committee of the Board of Directors at Reliance Surety Company by Unanimous Consent dated as of March 31. 1994, -Resolved that tile signatures of sueh directors and officers and the seal of the Company may be 8tfixect to any such Power of Attorney or any certlfiC8tU relating thereto DY facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile saaJ shaJl be valid and binding upon'the Company and any sucn Power sa executed and certified by facsimile signatures and ~aesimil8 seal shaH be valid and binding upon the Companv. in the future wit" respect to'a!"y bond'or unde"aklng to whIch It.S attached. - '-. . ' IN WITNESS WHEREOF, the Companies' have caused t~ese, presents to be signed and their corporate seals to be, ~ereto ~ffixed, this February 1, 1998. On this. February 1. 1998. before me, VaJen'cla Wortham, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice 'President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein , c~~tai,~;d by signing the name of the corporation by himself as iuduly aut~~:rized ~f,fi~er, , '," , In 'w.itness whereof. I hereunto, set my hand and official seal. .{ I',~, ST A TE OF Pennsylvania COUNTY OF Philadelphia RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY 'UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ,{)'/."lJ ?~ J ss'. , , NC'tarial Seal Valef1cia Wortham. Notary Public Philadelphia, Ptliladelphia County My Commission Expires "lov, 18. 2000 -frj;J;,y\~~-~',J \~ ~ Notary Public in and for the State of Pennsylvania Residing at Philadelphia i I i, i I I 1, Anita Zlppert. Secretary of RELIANCE SURETY COMPANY. RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is still in ,full force and effect. ,;~ . : IN WITNESS WHEREOF, I have hereunto set my ha~d a~d affixed the seals of said Compani~s this26thlay of Augus t 19 ~, /7 0' _ ~ ~: J- v.J~1A- ~ Secretary ( " 1-2 . . . . .