HomeMy WebLinkAboutPAYNE CONSTRUCTION COMMERCIAL INC FIRE DEPARTMENT TRAINING CENTER
Invitation To Bid
Sealed bids will be received at this office until 3 :00 p.m., Monday, December 10, 2007
Bid #07-208
Fire Department Training Center Pipe Replacement Project for Engineering Department
Bid's will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30911
706-821-2422
Bidding documents may be examined at the Office of Augusta, GA Procurement Department, 530 Greene Street - Room
605, Augusta, GA 30911. Plans and specifications for the project can be made available upon request to Imaging
Technologies. The fees for the plans and specifications which are non-refundable is $25.00
Documents may also be examined during regular business hours at the Augusta, GA 30901 and Augusta Builders
Exchange, 1262 Merry Street, Augusta, GA 30904; F. W. Dodge Room, 1281 Broad Street, Augusta, GA 30901. It is
the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy, the
Owner is providing the opportunity to view plans online (www.itreoro.com) at no charge through Imaging Technologies
(706-724-7924) beginning Thursday, November 2, 2007. Bidders are cautioned that submitting a package without
review or procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or
services, or coordination with other work that is material to the successful completion of the project. Bidders are
cautioned that sequestration of documents through any other source is not advisable Acquisition of documents from
unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base
his qualifications.
A Mandatory Pre-Bid Conference will be held on Friday, November 30, 2007 at 10:00 am in Room 605 of the
Procurement Department. All questions must be submitted in writing to the office of the Procurement
Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or
hand delivered. The last day to submit questions is Friday, November 3, 2007 at 2:00 p.m.
No BID may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is
required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100%
performance bond and a 100% payment bond will be required for award.
Bidders will please note that the number of copies requested; all supporting documents including [mancial statements and
references and such other attachments that may be required by the bid are material conditions of the package. Any bid
package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly
contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the
right to appeal to the appropriate committee of the Augusta Commission. Please mark RE-BID number on the outside of
the envelope.
GERI A. SAMS, Purchasing Director
Publish:
Augusta Chronicle
Metro Courier
November 22,27,29,2007
November 28, 2007
Cc:
Tameka Allen
Abie Ladson
Howard Willis
Mike Rogers
Interim Deputy Administrator
Engineering Department
Fire Department
Fire Department
~
CONFLICT OF INTEREST:
It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement contract
when the employee or official knows that:
(a) the employee or official or any member of the employee's or official's immediate family has a
substantial interest or financial interest pertaining to the procurement contract, except that the purchase
of goods and services from businesses which a member of the Commission or other City of Augusta
employee has a financial interest is authorized as per a.c.G.A. 36-1-14, or the procurement contract is
awarded pursuant to a.C.G.A. 45-]0-22 and 45-10-24, or the transaction is excepted from said
restrictions by a.c.G.A. 45-10-25;
(b) Any other person, business, or organization with whom the employee or official of any member of an
employee's or officials immediate family is negotiating or has an arrangement concerning prospective
employment is involved in the procurement contract.
Any employee or official or any member of an employee's or official immediate family who holds a
substantial interest or fmancial interest in a diselosed blind trust shall not be deemed to have a conflict
of interest with regard to matters pertaining to that substantial interest or fmancial interest.
I, (vendor)' ~Ol1n(~ LonSt.ruct1on [ornm"rcIC,L have read and understand the
information J J: n c..
contained in the bid specifications.
Vendor Name:;}
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Address:
City & State:
Atilt' r\ S
CeA, 30(005
Phone fl.: (llOI.i) C)5L ?{11l
Fax # ('1Ott)~5L .,Q\3
Signature: ./ ~ ~~
.:r/::- t> 7.. ;J. 0 e
Bid Item Number and Name: +. II t"
Date:
Ilroortmf'ot. Tr(I\1I I Y\(~ Le- r\te l -PI pe
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THIS fORM MUST BE SUBI\lITIt;D wrfIJ BID PACKAGE. NO EXCEPTION(S) WILL BE GRANTED
~p \QLt' men
'~r0~€'c.. t
SEALED BIDS SELE.CTION METHOD
. A method for submitting a bid to perform work on a proposed contract. 10 general, eachpaTtJ' interested
submits a bid in a scaled envelope, and all such bids are opened at the same time and the most fa"Vorable
responsible bid is accepted. All bid responses will be retained as property of Augusta-Richmond County.
Cotfditions for use. All contracts of Augusta-Richmond County shall be awarded by competitive sealed bidding
except as otherwise provided elsewhere in this article (see ~ 1-10-45 - Sealed Proposals; 1-10-46 - Professional
Services; 1-10-47 - Quotations; 1-10-49 - Sole Source Procurement; and I-I 0-50 - Emergency Procurements, of this
chapter).
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement
Office and shall include specifications prepared in accordance with Article 4 (product
Specifications), and all contractual terms and conditions, applicable to the procurement,
Pre-bid conference and addendum. A conference \0 be conducted by the Procurement Director and using agency
head, if appropriate, hearing will be scheduled at least five (5) working days before receipt of bids. While the pre-bid
conference is not a requirement, it is strongly recommended and widely used to further acquaint interested bidders
with the bid requirements and items to be purchased and vendor input. Any substantive changes to specifications
resulting from the pre-bid conference or other vendor/contractor sessions shall be documented in an addendum and
conununicated to all bidders registered for the procurement action.
Bid opening. Sealed Bids shall be opened publicly in the presence of one or more witnesses at the time and place.
designated in the public notice and invitation for bids. The amount of each bid,and such other relevant information
as the Procurement Director deems appropriate, together with the name of each bidder shall be recorded; the record
and each bid shaH be open to public inspection in accordance with 9 }-10-5 (public Access to Procurement
Infonnation). .
Bid acceptance and bid evaluatilJn. Provided that the bids are delivered to the Procurement Director at the time,
place, and under the conditions contained in the Invitation for Bids, the bids shall be conditionally accepted without
alteration or correction pending evaluation. Bids shall be evaluated based on the requirements set forth in the
invitation for bids, which may include bidder responsiveness, capability and past perfonnance, and criteria to
determine acceptability such as impcction, testing, quality workmanship, delivery, and suitability for a particular
purpose. lbose criteria that will aflect the bid price and be considered in evaluation for award shan be objective and
clearly measurable, including but not limited 10 discounts, transportation costs, and total or life cycle costs. The main
advantage of using life-cycle costing is that both initial costs and related costs for the life of the item are considered.
When the criterion for awarding the contract is based on lowest responsive bidder, it may mean that the contract
specifications are just minimally complied with. SeleCting of the lowest bidder could result in a higher incidence of
maintenance,and do\",n:-time could eat up any savings made if the Procurement process considers only the initial cost.
Under no circumstance will any bid be accepted by fax or emaiL All bids must b.e labeled and received in the
Procurement office by the due gate and time. There will be no excf(ptions made for any late. lost by the post office or
express carrier. or misdirected submittals,..
Please be aware that vendors shall be removed from the vendor list for the following reasons:
(1 ) Dee lining to offer bids for the period of time listed in specifications.
(2) Suspension for the following shall not be for less than three (3) months ormore than three (3) years:
(a) Failing to satisfactorily meet terms, agreements, or contracts made with the Procurement
department or the using agency.
(b) Being convicted of criminal offenses in obtaining contracts or convicted of embezzlement, .
violation of state or federal anti-trust statutes, or any other crime which indicates a Jack of
business integrity or honesty.
(c) Violating contract provisions or failing to perform without good cause or any other caus€
which the Procurement Director deems to be so serious as to affect the responsibility of ~
contractor, including disbannent or suspension from a vendor list by another governmen'
entity.
PREFERENCE FOR LOCAL SUPPLIERS AND CONTRACTORS
(a) Augusta encourages the use oflocal suppliers of goods, services and constructionproducts whenever possible
Augusta also vigorously supports the advantages of an open competitive market place. Nothing in this Section shal
be interpreted to mean that the City Administrator or Purchasing Director is restricted in any way from seeking forma .
bids or proposals from outside the Augusta market area. ,
(b) . When the quotation or informal bids selection method is used by the Purchasing Director or using agenc;
head to seek frrms to quote on Augusta commodity, service and construction products, local firms should be
. contacted, if possible, fIrst. Then if the Purchasing Director or using agency head believes that there may not be a
least three qualified informal bidders, quotes shall be sought from outside the Augusta market area.
(c) In the event of a tie of bide see 1-10-43 (h)), when all other factors are equal, the City Administrator i
encouraged to select the bid from within the local market area. The City Administrator shall retain the flexibility tl
make the award of contract to a bidder outside of the local market area if evidence supports collusive bidding in favo
ofa local source.
(d) The local vendor preference policy shall be applied when the lowest local bidder is within 5% or $10,000
whichever is less, of the lowest non-local bidder. The lowest local bidder will be allowed to match the bid of thl
lowest non~local bidder; if matched, the lowest local bidder will be awarded the contract.
For purposes of this section, "local bidder" shall mean a business which:
1) Has had a fixed officeor distribution point located in and having a street address within Augusta for a
least six (6) months immediately prior to the issuance of the request for competitive bids or request fo
proposals by Augusta; and
2) Holds any business license required by the Augusta-Richmond County Code and
3) Employs atleast one (1) full time employee,' or two (2) part time employees whose primary residence is iJ
Augusta, or ifthe business has no employees, the business shall be at least fiftypercerit (50%) owned byon
or more persons whose primary residence is in Augusta.
e) The Purchasing Director shall develop a program to routinely search out local fmns.that offer products 0
services which Augusta may purchase and encourage such fInns to place themselves on the bidder's list.
(f) the Purchasing Director shall work closely with Augusta's Disadvantaged Businesses.
(g) Nothing in this section shall be interpreted to mean that the City Administratormay abrogate the provisions (J
a.c.G.A. 36-10-1 through 36-10-5, Public Works Contracts. This provision of the State Code requires that al
County public works contracts of $20,000 or more as defmed therein, be publicly advertised before letting out th
contract to the lowest bidder. Further, nothing in this section shall be interpreted to mean the City Administrator ma
abrogate the provisions of the Augusta-Richmond County Code requiring public advertising before letting certai
contracts."
Section 2.
This Ordinance shall become effective upon adoption.
All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.
Section 3.
Section 4. If any section, provision, or clause of any part of this Ordinance. be declared invalid 0
, unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set (J
circumstances be declared invalid or unconstitutional, such invalidity shall not be construed to affect portions ofthi
Ordinance.not so held to be invalid, or the application of this Ordinance to other circUmstances not so held to b
invalid. It is hereby declared as the intent that this Ordinance would have been adopted had such invalid portion nc
be included herein.
BACKGROUND INFORMATION ON VENDORS.
The Department Head and/or the Administrator is directed to provide the bid amount as submitted, informatio
concerning the vendor's previous performance, the service and quality of the products offered, the availability ofth
of the goods and services when needed, adherence to delivery schedules, and other criteria pertinent to that particula:
item, on vendors who have submitted bids, proposals, or contracts for the Commission's consideration. TIll
infonnation is to be included in the backup documents forthe Commission's consideration in awarding the contract
INSPECTION OF PURCHASES.
The Procurement ageniin conjunction with the using agency or department head shall inspect, or supervise the
inspection of, all deliveries of materials, supplies or contractual. services to determine their conformance with th(.
specifications set forth in the pertinent purchase order or contract, The Procurement agent may require chemical anI
physical tests of samples submitted with bids and samples of deliveries, which examinations are necessary t(
determine quality of the samples and conformance with specifications. '
Letting the contract. The contract shall be awarded or let in accordance with procedures set forth herein. Award shal
occur with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whosl
bid meets the requirements and criteria set forth in the invitation for bids. .
In addition to price and other material factors, the Procurement Director, in consultation with tb.
using agency, shall consider the following in the context of award recommendations:
(1) The ability, capacity, and skill of the bidder to perfonn, the contract or provide the services required,
.. (2) The capability of the bidder to perform the contract or provide the' service promptly, or within the time specified
without delay or interference,
(3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder,
(4) The quality of performance on previous contracts,
(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract 0:
services,
(6) The sufficiency of the fmancial resources of the bidder relating to his ability to perform the contract,
(7}The quality, availability, and adaptability of the supplies or services to the particular use required,
(8) The number and scope of conditions attached to the bid by the bidder, and.
(9) Service availability may be considered in determining the most responsible bid, and the bidders shall be requirCl
to submit information concerning their ability to service and maintain the product of the equipment.
Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete statement 0
the reasons .for placing the purchase order or other contract elsewhere shall. be prepared and signed by th
Procurement Director and/or Administrator and made part of the record file for audit proposes.
It is the wish of the Owner that minority businesses are given the opportunity to BID on the various parts of the wod
This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost 0
the work. The Owner supports a healthy free markefsystem that seeks to include responsible businesses and provid
ample opportunity for business growth and development.
ACEC
A.MEim:aN COUNCIL OJ' Er;cINl!.ItIUMC CoM''nNllllf
ttf'G.i.1orgi.t
June 10, 2007
Legislative Changes Affecting BngmeeringC0111panieS.
There w.ere bundreds ofbill8 pa9~ed in the 2001 General Assembly ana many lninditij~
m~te:,Wi11 cm'}' OVeF ihto the200~ ~essiotl. Ust~(rbelow 8te a vJ:Iyf~W ibatmay be of
special intc;r@t.'[.heybeComeJaw on July 1.- and ~y li(: belpfill, ot..a.gotcha. You may
. go to www,legis.state.,a. J.I~:to lookaUhe.specffic language: in. Ul.ebilla.
HB 1.9:2;- Paytp~orniJm~'bonds:are not t"eQuiredfor ~gin~g cOntracts with-local
:SOvefutnents for transpo$liotl ~ contraCtS. As silly as;~( SQUP4~. tb.~ iliUlguagein
previousG~tSia code seemed to requfre bon&; althougb,it was very ra~ly enrorc~.
Thent;w l.aw<!oesnorpr.ohibit such bOtlds. however. People who know 'about m~e .
thirigs find the premise a! '5:\1eh bonds fot-design ridicQ.lous - :incteasedcost with';no
bene1itaccruing to ~e:localjurisdiQtion. Additiorurlly.the billTa.ises thethresbold tor
direct procurement of construction contract for GDOT to $lOO~OOO.
BB 221 - Affidavit Bill for Professional Malprac.ti~. .PJ;mOl,islaw tequn:es thata law
suit must be accompanied by an affidavit from a licensed engin~certi:fying that at least
one negtigentact, error, or omission had been conumtted. Several,Year~ago th~ Georgia
Sllprem~Conrtread the Jaw.that the affidavit was required 'orily if the defen<iant vvas an
individua11icens~..The new law makes it clear that thea"ffidavit.isreqiliredeven,ifthe
defendant is the busi~ess e:ntitythrough which the profession~ smd~ i$provided. The
bnt appliedtoabouttWo dozen prof~onaJs. including engineers. ar~hi.~;stlrveyors,
etc.
sa 146 ..,.Local Government Public Worlcs Bid Law:. AdditiQn~l#s~los.ure is:required in
construction bidpac1tagesand.advertisements;: includmgthemnnber a.~d~atus of
enyironment41 p:ermHs:ei1d easementIROW parcels, Italso>sfrp'Ulates how to.treat
prequalificanon c.iiteria and how to handle additive and dCquctlve~altemates in selecting
the lowest, r~onsible. responSive bidder:
Tra~p()ttatioJi Fillldii1~ ~'of'the transportation funding. bi11Bp~sed. Instead sa
365 created a J:oint Study CoilUiiittee on T~on Funtllng,wlrlelimust report its
fiiicllngs by 'tl1eendof20()7 lntlfiticipation of a funding bin in-Ole 2()O~:Geberal
AsJ;lettlbl1'. This group ,is anticipated tQ be me forilril far preparipgln,egothttirtga
consensus bill that ltils. a more favorable prospect for passage in 2008;
H"rru To.Wer. Suite 700
'233 PcaehuClc Srrctl
. Arll1nta. CA g03'O~
.~O4--5:11~23~+ F 40:j.-S21-02S3
WWW..\Cli.CCA.OaC
Sworn to. and s~ before me
This /r.)~dilY of c. ,2007
-- Jfl. r: aur
NoIary Public. Athens-Clarl<e County, Goorgla . .
~. . cornmlSS.lon ~jres A1Jgust 3. 2010.
. C').. ," ~
~ (/~~~c. /'
My commission expires: ~.3 ;2.() /l
. /
'" Any of the electronic verification of work authorization programs operated by the
United States Department of Homeland Security or any equivalent federal work
authorization program operated by the United States Department of Homeland Security
to verify infonnation of newly hired employees, pursuant to the Immigration Reform and
Control Act of 1986 (IRCA), P.L 99-603. As of the effective date of a.C.G.A. 9 13-10-
91, the applicable federal work authorization program is the "EEV I Basic Pilot Program"
operated by the U.S. Citizenship and Immigration Services Bureau ofth6 U.S,.
Department of Homeland Security, in conjunction with the Social Security
Administration (SSA).
Page 2
STATE OF GEORGIA
RICHMOND COUNTY
SUBCONTRACTOR AFFIDAVIT
COMES NOW before me, the undersigned officer duly authorized to administer
oaths, the undersigned subcontractor, who, after being duly sworn, states as follows:
By executing this affidavit, the undersigned subcontractor veciKe's; its compliance
with O.C.G.A. ~ 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, stating
affIrmatively that the individual, finn. or corporation which is engaged in the physical
performance of services under a contract with
(name of contractor) on behalf of the Georgia Department of Natural Resources has
registered with and is participating in a federal work authorization program. in
accordance with the applicability provisions and deadlines established in a.C.G.A. ~ 13-
10-91 and Georgia Department of Labor Rule 300-10-1-.02.
, .
" [\\0 SubcDn-lrQC+or
EEV / Basic Pilot Program User Identification Nnraber
FURTHER AFFIANT SA YET NOT.
Date
Subcontractor Name
t of Subcontractor
Printed Name of Authorized Officer or Agent
Sworn to and subscribed before me
This _ day of , 2007
Notary Public
My commission expires:
· Any of the electronic verification of work authorization programs operated by the United States
Department of Homeland Security or any equivalent federal work authorization program operated by the
United States Department of Homeland Secwity to verify information of newly hired employees, pursuant
to the Immigration Refonn and Control Act of 1986 (IRCA). P.L. 99-603. As of the effective date of
O.C.G.A. ~ 13-10-91, the applicable federal work authorization program is the "EEY I Basic Pilot
Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of
Homeland Security, in conjunction with the Social Security Administration (SSA).
07
SB146/~
Senate Bill 146
By: Senators Seabaughofthe 28th., Shafer of the 48th, Stoner of the 6th, Peanotlofthe 51st,
Williams of the 19th and others
AS PASSED
ANACf
To amend Chapter 91 of TItle 36 of the Official Code of Georgia Annotated, relating to
public works bidding, so as to provide definitions; to provide for the advertisement of
contract opportunities; to provide for the specifications of such notices and advertisements;
to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY lHE GENERAL ASSEMBLY OF GEORGIA: .
SECTION t.
Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works.
bidding, is amended by revising Code Section 36.91-2, relating to definitions, as follows:
'36-91-2.
As used in this chapter, the term:
(1) 'Alternate bids' means the amount stated in the bid or proposal to be added to or
deducted from the amount of the base bid or base proposal if the corresponding change
in project scope or alternate materillIs or methods of construction is accepted.
(2) 'Base bid' or 'base proposal' means the amount.of money stated in the bid or proposal
as the sum for which the bidder or proposer offers to perform the work.
(3) 'Bid bond' means a bond with good and sufficient surety or sureties for the faithful
acceptance of the contract payable to, in favor of, and for the protection of the
governmental entity for which the contract is to be awarded.
(4) 'Change order' means an alteration, addition, or deduction from the original scope of
work as defined by the'contract documents to address changes or unforeseen conditions
necessary for project completion.
. (5) 'Competitive sealed bidding' means a method of soliciting public works construction
contracts whereby the award is based upon the lowest responsive, responsible bid in
conformance with the provisions of subsection (b) of Code Section 36.91-21.
S. B. 146
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SB146/AP
(6) 'Competitive sealed proposals' means a method of soliciting public wOrks cc:mtracts
whereby the award is based upon criteria identified in a request for proposals in
conformance with the proVisions of subsection (c) of Code Section 36-91~21.
(7) 'Emergency' means any situation resulting in imminent danger to the public health
or safety or the loss of an essential governmental service.
(8) 'Governing authority' means the official or group of officials responsible for
governance ora governmental entity.
(9) 'Governmental entity' means a county, municipal corporation, consolidated
government, authority, board of education, or other public board, body, or commission
but shall not include any authority, board, department, or commission of the state, or a
public transportation agency as defined by Chapter 9 ofntle 32.
(10) 'Payment bond' means a bond with good and sufficient surety or sureties payable to
the governmental entity for which the work is to be done and intended for the use and
protection of all subcontractors and all persons supplying labor, materials, machinery, and
equipment in the prosecution of the work provided for in the public works construction
contract.
(11) 'P erformance bond' means a bond with good and sufficientsurety or sureties for the
faithful performance of the contract and to indemnify the governmental entity for any
damages occasioned by a failure to perform the same within the prescribed time. Such
bond shall be payable to, in favor of, and for the protection of the governmental entity for
which the work is to be done.
(12) 'Public works construction' means the building, altering, repairing, improving, or
demolishing of any public structure or building or other public improvements of any kind
to any public rcal property other than those projects covered by Chapter 4 of Title 32.
Such term does not include the routine operation, repair, or maintenance of existing
structures, buildings, or real property.
(13) 'Responsible bidder' or 'responsible offeror' means a person or entity that has the
capability in all respects to perform fully and reliably the contract requirements.
(14) 'Responsive bidder' or 'responsive offeror' means a person or entity that has
submitted abid or proposal that conforms in all material respects to the requirements set
forth in the invitation for bids or requcst for proposals.
(15) 'Scope of project' means the work required by the original contract documents and
any subsequent change orders reqUired or appropriate. to accomplish the intent of the
project as described in the bid documents.
(16) 'Scope of work' means the work that is required by the contract documents.
S. B. 146
~2~
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SB146/AP
(17) 'Sole source' mellllS those procurements made pursuant to a written determination
by a governing authority that there is only one source for the required supply, service, or
construction item:
SECTION z.
Said chapter is further amended by revising Code Section 36-91-20, relating to written.
contract required, as follows:
"36-91-20.
(a) All public works construction contracts subject to this chapter entered into by a
. governmental entity with private persons or entities shall be in writing and on file and
available for public inspection at a place designated by such governmental entity.
Municipalities and consolidated governments shall execute and enter into contracts in the
manner provided in applicable local legislation or by ordinance.
(b)(1) Prior to entering into a public works construction contract other than those
exempted by Code Section 36-91-22, a governmental entity shall publicly advertise the'
contract opportunity. Such notice shall be posted conspicuously in the governing
authority's office and shall be advertised in tbe legal organ of the county or by electronic
means on an Internet website of the governmental entity or an Internet website identifi~d
by the governmental entity which may include the Georgia Procurement Registry as
provided by Code Section 50-5-69.
(2) Contract opportunities that are advertised in the legal organ shall be advertised a
minimum of two times, with the first advertisement occurring at least four weekS prior
to the opening of the sealed bids or proposals. The second advertisement shall follow no
earlier than two weeks from the first advertisement.
(3) Contract opportunities. that are advertised solely on the Internet shall be posted
continuously for at least four weeks prior to the opening of sealed bids or proposals.
Inadvertent or unintentional loss .of Internet service during the advertisementperiod shall
not require the contract award or bid or proposal opening to be delayed.
(4) Contract opportunities that will be awarded by competitive sealed bids shall have
plans and specifications available on the first day of the advertisement and shall be open
.to inspection by the public. The plans and specifications shall indicate if the project will
be awarded by base bid or base bidplus selected alternates and:
(A) A statement listing whether all anticipated federal, state, or local permits required
for the project have been obtained or an indication ofthe status of the application for
each such permit including wben it is expected to be obtained; and
S. B. 146
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SB146/AP
(B) A statement listing whether all anticipated rights of way and easements required
for the project have been obtained or an indication of the status. as to when each such
rights of way or easements are expected to be obtained.
(5) Contract.opportunities that will be awarded by competitive sealed proposals shall be
publicly advertiied .......ith a request for proposals which request shall include conceptual
program information in the request for proposals describing the requested services in a
level of detail appropriate to the project delivery method selected for the proj ect.
(6) The advertisement shall include such details and specifications as will enable the
public to know the extent and character of the work to be done.
(7) All required notices of advertisement shall also advise of any mandatory
prequalification requirements or pre-bid conferences as well as any federal requirements
pursuant to subsection (d) of Code Section 36-91-22. Any advertisement wmch provides
notice of a mandatory pre-bid conference or prequalification shall provide reasonable
advance notice of said conference or for the submittal of such prequalification
information.
(c) Governmental e'ntities are authorized to utilize any construction delivery method,
provided that all public works construction con~ts subject to the requirements of this
. chapter that:
(l) Place the bidder or offeror at risk for construction; and
(2) Require labor or building materials in the execution of the contract
shall be awarded on the basis 0 f competitive sealed bidding or competitive sealed
proposals. Governmental entities shall have the authority to reject all bids or proposals or
any bid or proposal that is nonresponsive or not responsible and to waive technicalities and
informalities.
(d) No governmental entity shall issue or cause to be issued any addenda modifying plans
and specifications within a period of72 hours prior to the advertised time for the opening
bids or proposals, excluding Saturdays, Sundays, and legal holidays. However, if the
necessity arises to issue an addendum modifying plans and specifications within the 72
hour period prior to the advertised time for the opening of bids or proposals, excluding
Saturdays, SundaYs, and legal. holidays, then the opening of bids OT proposals shall be
extended at least 72 hours, excluding Saturdays, Sundays, and legal holidays, from the date
of the original bid or proposal opening without need to readvertise as required by
subsection (b) of this Code section.
(e) Bid and contract documents may contain provisiol18 authorizing the issuance of change
orders, without the necessity of additional requests for bids or proposals, within the scope
S. B. 146
-4-
07
SBI46/AP
of the project when appropriate or necessary in the performance of the contract. Change
orders may not be used to evade the purposes of this article.
(1) Any governmental entity may, in its discretion, adopt a process for mandatory
prequalification of prospective bidders or offerors; provided, however, tbat:
(1) Criteria for prequalification must be reasonably related to the project or the quiUity
of work;
(2) Criteria for prequalification must be available to any prospective bidder or offeror
requesting such information for each project that requires prequaiification;
(3) Any prequalification process must include a method of notifying prospective bidders
or offerors of the criteria for orlimitatioDS to prequalification;and
(4) Any pre qualification process must include a procedure for a disqualified bidder to
respond to his or her disqualification to a representative of the governmental entity;
provided, however, that such procedure shall not be construed to require the
governmental entity to provide a formal appeals procedure. A prequalifiedbidder or
offeror can not be later disqualified without cause."
SEcnON'3.
All laws and parts of laws in conflict with this Act are repealed.
S. B.146
- 5 -.
1
The Georgia Security and Immigration Compliance Act
Senate Bill 529
Immigration Reform in Georgia
. Georgia has become the leader in the nation when it comes to immigration
reform.
. . This law -SB 529 - protects the rights of EVERY legal United States citizen who
calls Georgia home.
. We want people who want to immigrate to do it right- if they want to live and
work in Georgia.
Comprehensive Reform
. Georgia does not have a federal boundary
. But our citizens were paying the price for illegal immigration
. The new law putsthe burden on
. Immigrants and Employers
By requiring employers to prove that an employee is legally able to work in
the US, and
By requiring immigrants to prove their legal status before they get a job or
receive public assistance
What must an employer do to comply with the law?
. Any contractor or subcontractor who enters into a contract with a public agency
. Any public employer
MUST
. Participate in a federal work authorization program to verify the immigrant status
of all employees
When does this Provision take Effect?
. Public employers, contractors or subcontractors with 500 or more employers
must be in compliance by Juiy 1,2007. .
. Public employers, contractors or subcontractors with 100 or more employees
must be in compliance July 1,2008.
. All public employers, contractors or subcontractors must be incompliance by July
1,2009.
Business Deductions
. If a worker cannot provide valid taxpayer identification, then
. The business that employs him
MAY NOT
Deduct payments over $600.00 per year
This provision of the law takes effect on January 1, 2008
State Income Tax
. If an employee cannot verify that he is in this country legally
. Then his employer must withhold state income tax at a rate of 6%
. Any withholding agent who fails to comply with this provision will be liable to
the state for that tax.
This provision goes into effect July I, 2007
Public Safety
. The new law has two provisions that require our state's peace officers and jails to
aid the state in enforcing immigration laws:
The immigration status of every person arrested 6n a Dm or felony charge
must be verified
Law enforcement must notify the US Department of Homeland Security of
any arrested illegal aliens
State Benefits
Our statets limited resources should benefit those individuals entitled to receive them.
. All adults receiving non-emergency health care and other state funded services
will be required to verify their eligibility to receive those services
. No one will be denied emergency health services.
Doing More for Those Who Come Seeking More
. The law contains two humanitarian provisions designed to protect the rights of
any person who comes from another country and wants to make a new home in
Georgia.
2
Human trafficking for any reason is now a
felony in Georgia. .
The Registration of Immigration
Assistance. Act"
. Establishes andeiuorces a standard.
of ethics in the profession of
migration assistance
. - Allows immigration services to
help people with filing forms,
translations and tranScriptions - as
long as those services are not legal
in nature
. Requires assistants in the
immigration process who are not
attorneys to identify themselves as
such - in order to prevent abuses of
people who want to be here legally
SB 529 makes it a criIne in Georgia to
* lure illegal immigrants into this
country and
* force them to work for little or
nothing by threatening to expose their
illegal 'Status
Finding the Balance
SB 529 strikes the right balance between welcoming those individuals who legally seek
to live and work in our communities, anq enabling law enforcement, employers and -
public officials to verify the legal status of those who come from outside the United
States to live in Georgia.
3
AUGUSTA-RICHMOND COUNTY
FIRE DEPARTMENT TRAINING CENTER
PIPE REPLACEMENT PROJECT
PROJECT NUMBER: N/A
List of Proiect Documents
Section Pae:es
Instructions to Bidders IBI,-IB2
Georgia Prompt Pay Act PP A ~ I
Special Conditions SP-I
Agreement. A-I thruA-4
General Conditions 3 thru 33
Supplementary Conditions SC - I thru SC - 2 .'
Proposal P-IthruP-4
Lump Sum Construction P-S-A
General Notes G -I thru G ~15
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SECTION IB
INSTRUCTION TO CONTRACTORS
m-Ol. GENERAL:
All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal
must be filed with the Owner on or before the time stated in the invitation for proposals. Mailed
proposals will be treated in every respect as though filed in person and will be subject to the
same requirements.
Proposals received subsequent to the time stated will be returned unopened. Prior to the time
stated any proposal may be withdrawn at the discretion of the contractor, but no proposal may be
withdrawn for a period often (10) days after proposals have been opened, pending the execution
of contract with the successful contractor.
IB-02. EXAMINATION OF WORK:
Each contractor shall, by careful examination, satisfy himself as to the nature and location of the
work, the conformation of the ground, the character, quality and quantity of the facilities needed
preliminary to and during the prosecution of the work, the general and local conditions, and all
other matters which can in any way affect the work or the cost thereof under the contract. No
oral agreement or conversation with any officer, agent, or employee of the Owner, either before
or after the execution of the contract, shall affect or modify any of the terms or obligations
therein.
IB-03. ADDENDA AND INTERPRET A TIONS:
No interpretation of the meaning of plans, specifications or other pre proposal documents will be
made to any contractor orally.
Every request for such interpretation should be in writing addressed to the Purchasing
Department, 530 Greene Street, Augusta, Georgia, 30911 and to be given consideration must be
received at least ten working days prior to the date fixed for the opening of proposals. Any and
all such interpretations and any supplemental instructions will be in the form of written addenda
to the specifications which, if issued, will be sent to the Augusta-Richmond County
Purchasing Director at least five working prior to the date fixed for the opening of
proposals. The Purchasing Director shall send by certified mail with return receipt requested
to all prospective contractors (at the respective addresses furnished for such purposes), not later
than three working days prior to the date fixed for the opening of proposals. Failure of any
contractor to receive any such addendum or interpretation shall not relieve such contractor from
any obligation under his proposal as submitted. All addenda so issued shall become part of the
Contract Documents.
1 B-1
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IB-04. BASIS OF AWARD:
The proposal for the construction of this project will be compared on the basis of experience,
past work history and unit prices, as extended, which will include and cover the furnishing of all
material and the performance of all lahor requisite or proper, and completing of all the work
called for under the accompanying contract, and in the manner set forth and described in the
specifications.
Where estimated, quantities are included in certain items of the proposal, they are for the purpose
of comparing proposals. While they are believed to be close approximations, they are not
guaranteed. It is the responsibility of the Contractor to check all items of construction. In case
of error in extension of prices in a proposal, unit proposal prices shall govern.
NOTE: A 10% unit proposal price shall govern.
18-05. CONTRACTOR'S OUALIFICATIONS:
No proposal will be received from any contractor unless he can present satisfactory evidence that
he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to
meet all obligations to be incurred in carrying out the work. He shall submit with his proposal,
sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT
STATEMENT, giving reliable information as to working capital available, plant equipment, and
his experience and general qualifications. The owner may make such investigations as are
deemed necessary to determine the ability of the contractor to perform the work and the
contractor shall furnish to him all such additional information and data for this purpose as may
be requested. The Owner reserves the right to reject any proposal if the evidence submitted by
the contractor or investigation of him fails to satisfy the Owner that such contractor is properly
qualified to carry out the obligations of the contract and to complete the work contemplated
therein. Part of the evidence required above shall consist of a list of the names and addresses of
not less than five (5) firms or corporations for which the contractor has done similar work.
IB-06. PERFORMANCE BOND:
At the time of entering into the contract, the Contractor shall give bond to the owner for the use
of the owner and all persons doing work or furnishing skill, tools, machinery or materials under
or for the purpose of such contract, conditional for the payment as they become due, of all just
claims for such work, tools, machinery, skill and terms, for saving the owner harmless from all
cost and charges that may accrue on account of the owner performing the work specified, and for
compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract
satisfactory to the owner and authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof, a certified and effectively
dated copy of the power ofattomey.
IB-07. REJECTION OF CONTRACTORS:
These proposals are asked for in good faith, and awards will be made as soon as practicable,
provided satisfactory proposals are received. The right is reserved, however to waive any
infonnalities in proposals, to reject any and all proposals, or to accept a proposal other than the
lowest submitted if such action is deemed to be in the best interest of the Owner.
IB-2
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GEORGIA PROMPT PAY ACT
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this
Agreement shall control.
All claims, disputes 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
of Richmond Count, Georgia. The Contractor, by executing this Agreement, specifically
consents to venue in Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall
be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor
specifically waives any claim to same.
NOTICE
All references in this document, which includes all papers, writings, drawings, plans or
photographs to be used in connection with this docwnent, to "Richmond County Board of
Commissioners" shall be deemed to mean "Augusta Richmond County Commission-Council and
all references to "Chairman" shall be deemed to mean "Mayor".
DISPOSALS
Prior to any material from this project being wasted or otherwise disposed of outside the project
limits the Contractor shall furnish the Engineer a copy of written permission, signed by the
property owner (or his authorized agent) describing the estimated amount and type of material to
be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other
such materials are to be wasted on the property, a copy of the owner's inert landfill permit,
issued by the Environmental Protection Division shall be furnished to the Engineer prior to any
such waste being removed from the project.
In all cases, regardless of the material being wasted, a grading permit issued by Augusta
Richmond County must be furnished to the Engineer.
PP A - 1
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Augusta-Richmond County
Fire Department Training Center
Pipe Replacement Project
Project number: N/A
SPECIAL CONDITIONS
The project includes storm drainage and swale/channel improvements in the Pinnacle Place
Subdivision area to help alleviate severe erosion and drainage problems, the contractor shall
perform all work in accordance with the construction plans and specifications. The contractor
shall supply all material, equipment, labor, supplies, and supervision necessary to properly
complete this project as specified.
LUMP SUM CONSTRUCTION:
Items Number 230 - 1000 Lump Sum Construction shall include bur not be limited to
construction layout, erosion control, clearing and grubbing, reconnection or existing water ,/
service lines to new water main, demolition, obtaining maintaining and restoration of any waste
or borrow pits and any work without a specific pay item.
UTILITY CONFLICTS:
The contractor shall coordinate with ALL utility owners the providing of a schedule addressing
in detail, when, where, and how long each utility will be involved in the utility conflict(so
resolution and/or relocation, Each utility will provide input in completing such schedule. The
schedule must be compatible with the construction schedule prepared and submitted by the
Contractor
A bi~weekly meeting including all utility representative as selected by the Contractor and the
ARC inspector, will be scheduled to address utility concerns.
DRIVEWAYS:
All driveways shall be in conformance with GnOT standards.
SP1- 1
THIS AGREEMENT, made on the _ day of
, 200_ by and between t!1e
SECTION A
AGREEMENT
City of AUlnlsta
party of the first part, hereinafter called the OWNER, and
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter names,
agree as follows:
ARTICLE 1- SCOPE OF THE WORK:
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor
necessary, and to perform all of the work shown on the plans and,described in the specifications
for the project entitled:
Augusta-Richmond County - Fire Department Training Center
Pipe Replacement Project
Project number: N/A
And in accordance with the requirements and provisions of the Contract Documents as defined in
the General and SpeCial Conditions hereto attached, which are hereby made a part of this
agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES:
The work to be performed under this Contract shall be commenced within 1Q calendar days after
the date of written notice by the Owner to the Contractor to proceed. All work shall be
completed within 30 calendar days with such extensions of time as are provided for in the
General Conditions.
It is hereby understood and mutually agreed, by and between the contractor and the Owner, that
the date of beginning, rate of progress and the time for completion of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work
shall be executed 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 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 -)
ONCE MOBILIZED,. THE CONTRACTOR SHALL NOT STOP MAJOR
CONSTRUCTION ACTIVITIES FOR MORE THAN 14 DAYS, UNLESS APPROVED
BY THE AUGUSTA-RICHMOND COUNTY ENGINEERING DEPARTMENT. IN THE
EVENT THAT UNAPPROVED MAJOR CONSTRUCTION ACTIVITIES ARECEASED
FOR MORE TRAN5 DAYS, A TOTAL OF ONE THOUSAND DOLLARS ($1.000)
SHALL BE PAID TO THE OWNER FOR EACH AND EVERY CALENDAR DAY THE
CONTRACTOR DOES NOT COMMENCE MAJOR CONSTRUCTION ACTIVITIES.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE
WORK WITHIN THE TIME HEREIN SPECIFIED, then the contractor does hereby agree,
as a part of the consideration for the awarding of this contract, to pay the Owner the sum of One
Thousand Dollars $1.000 not as a penalty, but as liquidated damages for such breach of contract
as hereinafter set forth, for each and every calendar day that the contractor shall be in default
after the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner because
of the impracticability and extreme' difficulty of fixing and ascertaining the actual damages the
Owner would, in such event, sustain, and said amounts shall be retained from time to time by the
Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and the
specifications wherein a defmite portion and certain length of time is fixed for the additional
time is allowed for the completion of a 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 Payment
No later than the fifth day of every month, the Contractor shall submit to the Owner's
Engineer, an. estimate covering the percentage of the total amount of the contract which has
been completed from the start of the job up to and including the last working 'day of the
proceeding 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 the vendor run, following approval of the invoice for payment, the owner shall after
deducting previous payments made, pay to the Contractor 90% of the amount of the estimate
on units accepted in place. The 10% retained percentage may be held by the Owner until the
final completion and acceptance of all work under the Contract.
A -2
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT:
. (a) Upon receipt of written notice, that the work is ready for final inspection
acceptance, the Engineer shall within 10 days, make such inspection and when he
finds the work acceptable under the contract and the contract fully performed, he .
will. promptly issue a final certificate" over his own signature, stating that 'the
work required by this Contract has been completed and is accepted by hini under
the terms and conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to t~e 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 of liens of
evidence of payment of all such disputed amounts when adjudicated incases
where such payment has not already been guaranteed by surety bond. '
(c) The making and acceptance of the final payment shall constitute a waiver of all
claims by the Owner, other than those arising from unsettled liens, from faulty
work appearing within 12 months after final payment,. from requirements of the
specifications, or from manufacturer's guarantees. It shall also constitute a
waiver of all claims by the contractor except those previously made and still
unsettled.
(d) If after the wor~ 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.
(e) Notwithstanding any provision of the General Conditions, there shall be no
substitution of materials or change in means, methods, techniques, sequences or
procedures of construction that are not determined to be equivalent to those
indicated or required in the Contract Document, without an Amendment to the
Contract.
Each payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
A - 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first mentioned
above.
AUGUSTA, GEORGIA
COMMISSION-COUNCIL
(Owner)
By: (J2v(y/,y
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CONTRACTOR:}{'1IJ~ ICJ"51I/c(,c~ [~I1I"/ci4/ he.
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BY:~ ~~
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Title:
SEAL
Address: !05 bJ,;1?/IAlie ~J:J
4i~~~s/ C~crr;,'4.. cY(){.,. D5--
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Witness
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ST ATE OF GEORGIA
('\(\1 IL(~ COUNTY
CONTRACTOR AFFIDAVIT AND AGREEMENT
COMES NOW before me, the undersigned officer dwy authorized to administer
oaths, the undersigned contractor, who, after being duly sworn, statesas follows:
1.
By executing this affidavit, the undersigned contractor verifies its compliance
with O;C.G.A. 9 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02; stating
affIrmatively that the individual, tirol, or corporation which is contracting with .the
Georgia Department of Natural Resources has registered with and is participating in a
federal work authorization program" in accordance with the applicability provisions and
deadlines established in O.C.GA. S 13-10-91 and Georgia Department of Labor Rule
300-10-1-.02.
2.
The undersigned contractor further agrees that, should it employ or contract with
any subcontractor(s) in connection with the physical performance of services pursuant to
the contract with the Georgia Department of Natural Resources of which this affidavit is
a part, the undersigned contractor will secure from such subcontractor(s) similar
verification of compliance with O.C.G.A. g 13;.10-91 and Georgia Department of Labor
Rule 300-10-1-.02 through the subcontractor's execution of the subcontractor affidavit
required by Georgia Department of Labor Rule. 300-10-1-.08 or a substantially similar
subContractor affidavit. The undersigned contractor further agrees to maintain records of
such compliance and provide a copy of each such verification to the Georgia Department
of Natural Resources at the time the subcontractor(s) is retained to perform such service.
~? &"':./~ .L ~ ?t:lI,-!""f2. 3"1/1 E~ /~r /_-#
EEV / Basic Pilot Pr gram Use dentification Number
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FURTHER AFFIANT SA YETH NOT. .
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BY: Authorized Officer or Ageiff .
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Title of Authorized Officer or Agent of Contractor
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Printed Name of Authorized.€>fficer or Agent .
Page 1
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Sworn t9lilld subscribed. before me
This ~ay of U12(' r ._"_' 2007
JACQUELINE GUY
(~!~ ~lalitll Oou"t~. 800'1/'"
i\i'\l.Ol.mJ~Ilih.fb~s August 3. 2010,
My commission eXPires:~ 1/; d-D/6
... Any of the electronic verification of work authorization programs operated by the
United States Department of Homeland Security or any equivalent federal work
authorization program operated by the United States Department of Homeland Security
to verify information of newly hired employees, pursuant to the Immigration Reform and
Control Act of 1986 (TRCA), P. L. 99-603. . As of the effective date of Q,C.G.A. ~ 13-10-
91, the applicable federal work authorization program is the "EEV I Basic Pilot Program"
operated by the U.S. Citizenship and Immigration Services Bureau of the U.S.
Department of Homeland Security, in conjunction 'With the Social Security
Administration. (SSA).
GEORGIA SECURITY AND IMMIGRA liON COMPLIANCE ACT OF 2006
Effective July 1, 2007, the following language is required to be included in all
contracts entered into by the Department for the physical performance of
services within this State: .
UA. Pursuantto the Georgia Security and Immigration Compliance Act of 2006,
the Contractor understands and agrees that compliance with the requirements of
a.C.G.A. S 13:"10-91 and Georgia Department of Labor Rule 300-10-1-.02 are
conditions of this Agreement. The Contractor further agrees that such
compliance shall. be attested by the Contractor through execution of the.
contractor affidavit required by Georgia Department of Labor Rule 300-10-1-.07.
or a substantially similar contractor affidavit. The Contractor's fully executed
affidavit is attached hereto as Exhibit ~ and is incorporated into this Agreement
by reference herein.
B. By initialing in the appropriate line below, the Contractor certifies that the
following employee-number categorY as identified in a.c.G.A. ~ 13-10-91 is
applicable to the Contractor:
1 . 500 or more employees;
2. 100 or more employees;
3. ,/ Fewer than 100 employees.
C. The Contractor understands and agrees that, in the event the Contractor
employs or contracts with any subcontractor or subcontractors in connection with
this Agreement, the Contractor shall:
1. Secure from each such subcontractor an indication of the employee-
, number category as identified in a.c.G.A. s 13-10-91 that is applicable
to the subcontractor;
2. Secure from each such subcontractor an attestation of the
subcontractor's compliance with O.C.G.A.S 13-10-91 and Georgia
Department of Labor Rule 300-10-1-.02 by causing each such
subcontractor to execute the' subcontractor affidavit required by
Georgia Department of Labor Rule 300-10-1-.08, or a substantially
similar subcontractor affidavit. The Contractor further understands and
agrees that the Contractor shall require the executed. subcontractor
affidavit to become a part of the agreement between the Contractor
and each such subcontractor. The Contractor .agrees to maintain
records of each. subcontractor attestation required hereunder for
inspection by the Department at any time." .
FROM NATIONAL SURETY SERVICES
(MON) 12. 10' 07 11: 51/ST. 11 : SOINO. 4861907929 P 2
THE AMERICAN INSTITUTE OF ARCHITECTS
I
AlA Document A310
Bid Bond
Bond Number N/A
KNOW ALL MEN BY THESE PRESENTS, that we Payne Construction Commercial,ln<<:.
805 W[aterville Road (Here in$efl full name ana .1aole&$ Of l.galtiUt Of conltaclor)
Athens. GA 30605
as Principai, hereinafter called the Principal, and Developers Surety And Indemnity Company
P.O. BOJl 19725 (Here innrl'ull name and add.." Of kIQ.'litle of Su'ety)
Irvine, CA 92623.
a corporation duly.organized under the laws of the State of Iowa
as Surety, hereinafter Called the Surety, are held and firmly bound unto AUl!ll5ta~RichmoDd County
530 Green Street,. RooID 605 (Han ,nsan tUfl N1m.. and address or Ie9Al tiUe 01 OWIler)
Augusta, GA 3091.1 .
as Obligee, hereinafter called the Obligee, in the sum of 10 % of the amount bid not to exceed
Twenty Thousand aad 00/100 *"'H~:.;.,;**U."''''.*+*UHHHUH Dollars ($ 20,000.00*****"'" ),
for the payment of which sum well and truly to be made. the said Principal and the said Surety. bind
ourselves, our heirs, executors, administrators,.successors and assigns, Jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submirted a bid for Fire Department Training Center Pipe Replaccment
A ugusta- Richmond County, Georgia (Here ill.ort lullllam~ ana alldress anll descnpllOll or pro;e:!]
rrojw No:lTU-07.Z0S-0-Z007/1' JM .
NOW, THEREFORE, iflhe Obligee shall accept the bid of the. Principal and the Principal shall ente(jnto ~ Contrad with
the Obligee in accordance with the terms of $vCf) bid, and give such bond or bonds 8$ lTlay be $pecified in the bidding or
Contract Documents with good and sufficient surety for the.faithful performance of such Contract and for the prompt
payment of lab()( 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 th~ Principal shall pay to the Obligee the difference not to exceed the penalty
her"of betweetl lhe amount specified in said bid and suctllarger amount .for Which lhe Obligee may in good faith contract
with another party to perform the Work co\le:~d by said bid. then this obtigation shall be null and void. otherwise to remain in
fulJ force and effect
~(-
~. ess)
10th
day of December ,2007
Payne Constru<<:tion Commercial, Inc.
(Principal) (Seal)
--~
(".,
9' a~M
" 11~ h \ -' ~A\. . r..l
; ( 8$$)
Developers Sun:ty And IndcnlDity Companr_
(Surety) (Seai)
4Y'V\_ n ,'(\
A.M. DiGeronimo (Tille) Attorney~In.Fact
AlA DOCUMENT A310' SID BONO. A~' FEBRUA'lV 197~ EO' THii AMI<RICAN
INSTITUTE O. ARCIiITE:CTS. 1735 N.Y. AVE.. N ~'.. W^$t1INGTON, 0 C. 20006
9/93
1
I
FROM NATIONAL SURETY SERVICES
(MON) 12. 10' 07 11' 52/S1. 11 . 50INO. 4861901929 P 3
POWER OF ATTORNEY FOR
DEVELOPERS SURETY ....ND INDEMNITY COMPANY
PO nox 19125, IRVIN!. CA 9UU(949) 163-3300
..'Ww.lIlSCl)~o.r.lll1)
k1\OW ALl., Mr." BY l1tF~'5E rRtSt","TS. thol ua:p' " ~.'pl~I)'limi't<I, DEVELOPERS SUllEn' .0\,>;0 I!'DF,!",,..n" COMPANY dot:\ hcrch) malic, COIlllilulc
tocl.ppoi'l:
-....A.M. DIGeronimo, jointly or severally.''''
... il$lrDe.nd lawful MIOIlle)'(.).ln-FIC'f. (0 mal>e. tiKI/It. dtli,.r and 'ckaowlell~ for.nd .... bcll.lf lIt:waid g'rJloration ~ lll'"try, bolld., ""dertlkinp ,nd contnClS
or ~urtlyUip :tiYilIfl.nd l.soliDl unto Sl!id ^ no"'fy(S).1n . ~'~~t full POWfl' ll1IIawborlty 10 do ud 10 ptrfonll every K\ IICCOqf)'. rttlllWlc Gr p"!pn 10 be done in
mllnedi"n Ibcnwilh 3$lhc corporatioll could do. bill mto ill~ to lilt Cotpo.slion r.lI ".,..U orwbflilulilln Inti r(vl)(:Ilion. .nd ,II oft.. .tlS afs.id A"oUlf\(s).jn.
f.t1. purlullllo tJltJc pmcols, arc bereby ralifir4 .ad (par. rolled.
TlU,l'owrr or A.lIortlCy D;.rlulahad is .ipod by fSol5imil# undo< ..01 by IUlflorll)' .ftlle following ftS4t.rioll .dopled by Ihe Bo_nl or Directo" of DEVELOPERS
SURETY AND l!'i11)lMNJT\' COWANY cffccti..c as of !\o'~mbcr 1.1000:
Jl1S0L V[Il.lkal Iht C1\,irlllen .ftlle BOlrd, the I'rC1idcnl ud ICy VIU haidtlll of lbe e.rpontioc be. and ttat etell of Ihem IItteby is. .ulberize. 10 tsfClllt
Powcn or A.ltomey, quufyillJ the Altomq~I).ill.f:l(llla'not in the ro..en 01 Altof1lty 10 acculc. on bell..\( uf IIn: (orpqrulion, bouda. uDcla1ul.inp "aDd (outraC'll of
~llrct)'1hip; and tIlllllle Sttrthry or any AJsimnl S<<rtIH~ or Iht corporalioa be.1lld tltb orlhml htttb~. is. aulhurU.cd lu ..rtt'lllm: tlecuUon or .oy ,"(h Pa...r ur
.\llOrn<1
RtsOL "[D. fuRllltK.lhlth. ,Itollvrn .I.ueh .Ineers JIIay lie Im'r4lo II) ,veh Power of ..\Ilorney or I" I.Y curlnCllt retall.llb".to b. IlQlolllt.
IlId 'llY luelt 1't1....t>f of ,\ttomty or ctniflatt beanol 'ueh la.:sin,ilt !iCna1un:s $11&11 bt ,.tIid Ind hinllin~ u('l'" U,,: e"rponllno ..h.,. Ill' .mltt! and in Ihe Mun: wilh
t<sperllo 1m, bond. ..'mlking or co.,uet Of Sur(lyshle :0 "'nito It II aIlaclttd.
IN Wn1\f~~ WNEREOf, DtvEU>PLRS sUJU:n A7iD IND[:\INm' COMPAPoYh., aM ~ pr~cnb b. he ~;",oJ b~ its rcsptdiYt E'Kuu..t Viet Presidelll
1I11d .Unlrd by il> S<<rclary IlIl. ht dlY Of Ol!ccmbtr. 2005
By
W.I= A Crow:!I, Sccrcwy
~~
_......".......~
........'i AND J7.'='.
~~o;;; ......."....... ...0.....,
1~/oQ.1'O_..;,,{~\
/vt!" OCT t>,,~\
~ll" . i..cl
!"'I 10 .n:
\~\ , 936 i~l
\~~ h.fJ'
....".... " /ow.......~.>...
":;0 .~".--- ,,""
"" * ....~
~....,.n........
~
")
By: ~.".
David H Rhodes. El<ecuti"f V,ce-t'luidcnl
STATE OF C.\ L!fORNJ^
]
corn.'TY or O~ANCiE
On December t. 20QS befon: m', Gin. L. ro.,"",r. (h- illxr11lil11lC unoIlid. ollhe offi=), p<r.;onol:y oppo.>rr<l O"id II. Jlhod,o:; """ Walts .... Crowell,
pct1iO'l8lly \cJlo"'1\ \0 me (Of pro"ed to me Ollll>c bali, l)r sali~fl(:tory~) to be lbi; pc:nGn(S) v.MSC namc(.) is/11ft subsaibe4 to.lhe w;11U1I in5U\JTllel\1 and
.cknowlcclp:<! 10 mo thai hehht:llhcy .,,,,,,,,led ~ ..me L~ his.'hcr/lbcir...tbOcizdl C&(IKll)I(lc:s). Uld thaI by "i~lIhc::ir $16"8rwc:(l) "" lhc i"'un...,....t tho pcnoal.),
Of ll1c entit)' Ilj)On 'xhllf of wlJcl, \he pcnon(s) "':xl. cxe""rcd the ilislN/Jlelll
\\'ITIlESS my tmd :and o/!icUl seal.
~ign.rutc
~ 0< ikv~
(SEAL)
(e~~~--~~~t~~;~1
I COMM. , 1569561 ~
NOTaRY puauc CALI$QRICA ::J
. ORANGE QOUffTY l
~ s ~ F . _My~~~J:4'~~
CER1U1CAn:
~ CllOcn:ignod. ... Assiuanl SC'Crctaty. 1)( Of V~.I,OI"I:KS SUlUrr.Y A.'m !1'fDEMNITY COMl'.-.NY. <Iaes llmlly cunty tho< &lie f~ior POWel of
..\"Qn\(~' remains in full force and has 001 be~n rC"O~~d, .,'<1 ~. dlIllhc povisicw of Ihe rUOlUllon of t!Ie lVSj'Cctivc Board! ofOindOn of said l;cr.po~liOll
~Cl rarth 1II tht Power of AI\OmC)'. ~ in fore<: .... of tile <!;!'" u(!hi. Ctnjfi".,c. .
This CcttlflCalU Ucc:J!lEd iD IIle Ciry of Ir 'I')~, ::-~I:fo<n,;a.lhe IOtb. day of..._.)).eccmber ___..2f!P.7...
a ~I-~~
y -...----------
Albo1 Hi11cbr;M, A",i$tanl S"""Nty
10, t 4)@ (OSt) (R.... 1 z,'OS)
: .
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,
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, ~
TABLE OF CONTENTS OF GENERAL CONDITIONS
Arricf,
NlItnb~r Tilf,
. DEFINITIONS......................................................
~ PRE.LI.\IINARY M.~TTERS .....~, II 0.... ~.......... .... U'" ",... .~.
J CONTRACT DOCUMENTS:
CNTENT. AMENDING AND REUSE ....... :....... ............. '"
4 AVAILABIUTY OF LANDS: :PHYSICAL CONDITIONS;.
REFERENCE POINTS. .... ..... ..,.. ......:........ ..... .... .......
S BONDS AND INSURANCE.......................... ....... .........
6 CONTRACTOR'S RESPONS.IBILlTIES .............................
. .
7 ornER WO RK .....,............................. ~ . . .. . . i. . .... .. ..
. 8 OWNER'S RESPONSIBILITIES........ ............................
9 . . ENGINEER'S STATUS.DURING CONSTRUCTION...... :........
10 Cl-lANGES IN THE WORK ..........................................
II CHANGE OF CONTRACT PRICE... ... .......... .......... .........
11 CHANGE OF CONTRACT TIME .......... ............... ..........
13 . WAR..R.-\NT'( AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK .....;..................... 14
14 PA YMENTS TO CONTRACTOR AND COMPLETION ............ 26
1$ SUSPENSroNOFWORKANDTERMINATION ....... .......... 29
/6 ARB ITRA. TIC N ....................................................... ) [
17 MiSCELLANEOUS...................................... ........... J2
~:..' .
3
Pa,r
7 . .
~
8
9
10
r I
J4
18
19
19
21
21
:!4
GENERAL CONDITIONS
Concncto(s Wam.nty of TicJc .......... ,........ .., '.. 14,3
Concracto~ther .. , . ... .. . .. , ... .. . .... ...... ... .. .. .. 1.
Concnctu21 Llabi1icy In!uliUlce .......,....,...:.....:, 5..'
Coordinating Concnct9r-delinilion o( '. ...,.... ...,... 7.4
Coordination .........,....................."......... 7,4
Copies of Document! ......,... . .. .... .. .. .. .. . , .. . .. .. 2.~
Correction or Removal of DefeclivcWori< ........... IJ.ll .
Correction Period. One Year .................;...... IJ.l!
Comedon. Removal or Accepta.ncc or Defective
Worlc-in general .......... ....... .. ......... D.lI-I:!.14
Cost-nct qecrease ................: .. ;. ....., ..: '" 1 1.6.2
Cost of Work.... ......... "... , . .. .. .. .. .....:... 11.4-11 J
Cost!. SupplementAl. . . , . . .... ... .. .. .. .. ..... .. .. ... 11.<lJ
IND.EX TO GENERAL CONDITIONS
A.nic/e or p(lJ'Q8raplr
Numbtr
Acceptance of In!ura.:ice ........... .......,.,... .......5.13
Acce.!5to lhe Work ".."........~."...,..........,..IJ.2
. Addenda-dennition of (!ee definition of
Spcciih:ation!1 ........,...............,................ 1
A~c:emenl--<iefinition of , ..... ... ;........ .. .. .. . .. .. ... I
All Risk 11ls'Uf"3","c ... . . , .. .. ... . .. ... .. . , . .. . .. . . . . .... S.6
Amendment.Wricten .......;..................... l. J.J.J
Application for Paymcnt-detinition o( .......,.......... J
","pplica tio n for Payrnent. Final ...................... .14.12
AppJica tio n ror Prorre!~ Payment .................... 14.2
Application for ProgrC~S Payment-review o{ .... 14.4-14.7
Arbitration .............................. .... . '" . . ... . .. .16
Authoriz~d Variation in Wort .......................... U
- A vaiJab!lity o{ Land... . '" .; ...... .. .. ... .... .. ... .. .... 4.1.
. Award. Notice of--<iefi.ned ............;..,........,...... 1
'.""-4..
Before Starting Construction ............,......... 2.J~2. 7
Bid--definicion of ...... ...... ............ ................. I
Bond:s and In.'Surance-in general ................. ~...... 5
Bond!--definilion or. . . . . . . . ... . ... .. . . .. . . . . . . . . . . .. . ~ .. 1
Bonds. Delivery ot' .............................. ..2.1, .s.l
Bond~. Performance a.nd Other ..................... 5.1-'s.Z
Cash Allowances ..., .... ........ ,. ...... .......;. .... Il.K
Chanie Ord er--:J et'lnition o{ ..: . .. .. . . . .. . .. ..... ..... .... I
Chanle Orders-co be executed ..................:... 10.4
Oranres in the Worle ;;.:.........:...................... 10
Cla.im~. Waiver Of40' Fi.na.! Payment .............. .14.16
Clarifications and InterprctAcions ...................... 9.4
Cleanini ............................,..;..,........,... 6.17
Coinpie tion .. . , . . .. .. . . :. .. ... :. .. .. .. .. .. : .. .. . .. . . .. .. 14
Completion.5uimancial .., ......... ..'........... 101.8-14.9
Conference. Preconstruccion .......................... 2.8
Conniet. Error. Di.screpanc::y-Coorraclor
to Report ...,................... ._..... ..........; 1...5, j.J
COnstruction Machinery. Equipmei1t. etc. ............. 6..+
Conlinuinr Work .,...,................................ 6..29
. Concract DoCUmenl.5-amending and
sUppll;menrin~ .......... .................., ...... 3.4--3.5
Contract Doc:urnenu.-..<iclinition of ................,..... 1
.. ConlractDocument!~lnlcnc .....;"..".......... J.I~.i.J
Contracr Docum('ncs-Reu!eo( ....................... 1.6
Conlracl ?rice. Chanrc of .............................. 11
COnll71c:t Price-Jetinition ,.........................,....1
ContrQct Time. Change of ............................ '.' 11
COnll'l:lCt Time. Commencement of .......,.... ......... ~.J
Conlrnct Time-Jcfinirion at ........,;.................. I
Conl!'actor--derlnilion of .......................:,....... J
ConU'llclorMay 5(01' Work or Terminuc .........,... 1.5..$
Contractor" C ' . Obi' . I' !'
.. onttnulng. Iraoon................ ,,' 't. ~
C~O[raclor'5 Dull' to R.cpon Di!crcpancy
In Document3 . ......................._........... :.5.3.2
CunClt1CIOr"s F et-Cosl Plus '" 11.4.5.6. I /..S.l. /1.6-11. i
! Contractor'. L' b'I' r .5 ;,
.. HI I ICY n!Uranee _....................... .oJ
COnlr.l.Clor'S Responsibilities-in general ................6
.:-"...'
DaY~ciinition or ., , .. .. . ,.... . . . .. .. .. ...... . .. , ... ,... I
Dt/wivt'~efinition of .. ,. ... ....... .. .....,.... ....... I
Dtlwiv&' Work. Aceellcance 0-( . .... .. .... .. ..-;.. .... 13. U
Dt/tctiv"t Work. Correction or Remc""al of .:...... ..13.11'
Dtfwive' Work-i'n ieneral ;...... :......: jJ. 14.7, 14./1
DtftCtiVt Worle. Rejecting..... . .. . ............ .... .... 9.6
Dctiniti ons ...... .. .. .. . , . .. :. . . . . . . .. .. . . .. . .. . . .. .. .. .. I
Delivery of Bonds ....................................... l.r
. Determination forUnic?ricu ........................9.10
ni:c!'t~~~!.. n~~:::~;';~ ~T~ ~'lli.inc:=r '. . . ......... u.. ..... 5'. ( J-9..11,
Documenu. Copies of ..,.......,........,............. 2.2
Documents. Record ................. ....,............ 6.19
Do<:umellt!. Reu.se .."................................. J. 6 .
Ora wing~efiniclon of ...........,..................... I
wcnll:nts . .......,.. ............ ..... ,... .....,.. ;,.. 4.1 .
Etreclive dale of Aireemcnl-detinltion of............... ! .
Emerrencies ..... . .. . . . . . .... . .. . .. .. .. .. .. . . .. .. . , ... 6..:!:!
.Engineer~cfinition of ..,..,;....... .... ..-.... .,........ I
Engineer's Decisions .......,... ...: .. .. .. ........ 9.10-9./2
Enrinecr's-Nodee Work is Accepc:tb Ie ,.......,.,.. r 4.13
Engineer's Recommendation of Payment ...... 14,". 1.<1.13
Engineer's Responsibilities. Limitations .
on ................. 6.6,9.11,9.13-9.16,18.2
Enri'neer's StalU! Durini Constnlctioll--in ieneral...... 9
Equipment. ubor. Materials and............. .. .: .6.3.6.6
Equivalent ly.!atcrials and Equipmeni ............,..... 6.7
E,'tplorations of physical conditions " ...... .... ... .... . 4.2
Fee. Comraclor's-COSlS Plus........................ 11.6
Field.Order~eJjnil;on of ......... ...... ..... ... ......... I
Field Order-issucd by Eniineer ,...,........... 3 J.I. 9.S
Final AppJic:llion Jor Pa yrnent .......... .. ...... .. ... 14.12
Finlll Inspeclion ..... ................ .... ........ ...... 14./1
Final Paymen( and Acceptance.............,........ 14.13..
Final Payment. Recommendation of . ........... 14.13-14.14
General Provisions .......................,....... 1"7 .J-/7.4
General R.equirements-4etinilion o( . ,.. '" '" . ... ... . . .. 1
Gencl'lIl Requiremenls-principal
references 10 .......... ~....... 2.6. 4,04. 6.<1. 6.6-6. 7. 6.~3
~
(jjving ~OClce ..................,..............,..,... 17.1
Guafol,nc~e of Work-by Contractor"..... ........ ..... j 3.1 .
Iildcmniiicacion .. . .. .. .. .... .... . . .. .... .... Q.J0..6.32, 7J
. Inspection, Final ........,......... ~... .. ............, 14. JI
flUpcccion, Te.llsand ,.................,.............. IJ;.1
Imurance, Bonds ana;....in aenenJ .....,.. ...... ........ ,. 5
[n~uranc:e. Certificates of ............."... .. .. .. ". 2.7, 5
lnsurancc-<:omplcccd operations....,.. . .............. 5.J
rnsuraric:e. COntractor's Liability....................... 5.J
fnsurance. Contractual Lia.bility ..............,........ 5.4
lQsurance. Owner' f Liability ....."..."...".......,.. 5.5
Insurance. Property .............................. S.0.5.1J
Inllurancc-WajYcrol Riihu ......................... .s.11
Intcnto( COn[lilCt Documents ."................ 3.3,9.14
Incerpretations anq Claritlcacions ...................... 9.4
Investigations o( physicaJ 'conditions .........,...,..... 4.1
Labor. MaceriaJs and Equipment .;................ 6.3-6.5
Laws and F.egul.atiolls-detlnition of .........,...........i
Laws and ReiUlarjons-gcneral .. .... ..,........... '" 6.14
Liability fmurance-Conlractor's ..................... 5.3
Liability rmurancc:~wner's .... ........., ........... 5.J
Licns--definitjons' of ................................ [4.2
Lirnitl1ciol'u on Engineer's
Responsibilities .............:....... 6.6, 9.11, 9.13-9.16
Materials M,d equipment-furni.shed by Contnctor .... 6;3
Materials and .equipment-not . .
incorporated in Worle ................................ 14.1
Malerials or eqllipmel1c-equivalenc . .;.. .. .. .. .. . . .. ... 6.7
Miscellaneous Provisions ............................... 17
Multi.prime contracts ................................... 7
Notice. Giving of ,... . .. .............................. 11.1
Notice of Acceptability of Frojecl ...........,....... 14. J,3
Notice ofAward~etinition of .........:. ..:..... ....... I
Notice. co Proceed-<lefinitioll of ..................... ....1
Notice to Proceed~jving of .............."...,....... 2.1
".Or.Equal" Items,.......,..... ....'. ......:......,.... 6.7
'Otlter COntraclor3 .".........,.......................... 7
Otl\er work....,.....................,.. ..,............... ;
Overtime \Vorle p h'b" , , . .6 3
- to I llIonOL ........................ .
~wtlCH~efinition of ..................,................. I
Owner May Comel Dtf~crivt Work"......... '.. ,'... lJ.J4
Owner May Stop Work.............................. i3. iO
OWner May Suspend Work. Tenninale ... ......: 15.I~J.sA
Owner's DUty ro E.~ecute Change Oreers ,....,....... 11. S
Owner's LiabtHcy Insurnnce ... ....".......... ......... ~.S
Owner' s RepresenUitiv~_Engincer 10 serve QS ........ 9.1
Owner's Respons ibilities-in general .................... S
Owner's Sepl1f.1te Re "t 9 .
. . presencauve I1t 51 e ............... .J
Partial UtiliZlltion .................................. 14. 10
Panial Uti/iut" .J tJ' . . ( I
lon~e nlltOrlO .................,.......
PaniaJ UlilizJ!tion-Propeny Insurance.:............. 5.15
Pntenc F~es :lnti ROYlll[ie.s ............................ 6.1:
Payment3. Recommendation of ........... 14.4--14.7. 14.13
Pi:1yment~ to Contractor_in genel"Jl .................,.. (~
Payments co Contractor-when due . ,........ .14.4,' 14\.13
Payments 10 Contractor-withholding.... i.... ....... t4.7
PCnOmll11Ce and other .l3ond3 ................ ~.... .1. 1".2
Penn.i['s ....,"..l....f.,.l...".;f..~...........~..fl...l'f. 6.13
Physic:u Conditions ................................... 4.Z
Physic.oJ CO!1dition"......,Engineer's rcvieW" ............. .4.2,4
Physical Conditions--cxis(fna uruct1lres ... , . .... ..., 4.2.2
Physic.oJ Condicions-cxploration& and repcru .... , .. 4.2.1
' Physict)JConditioo$-possible document change..... 4.2.5
Physical Conditiol1$-price and lime adjustmcocs .. ~. 4.1.5
Physical Condilions-rep~rt of diffcring ......,......04.2.3
Physical COl1dition$-UndellI'Ound Facilitic~ .......... 4.3
Prcc:onsrri1ctio~ Conference ......;.................... 2.8
PrelimInary Manen .........:..............,...........,.!
. Prelllises. Use of ,........,...."................ 6..16-6.18'
Price,' Changcof Concract "........................;;.. 11
Prlcc.Contract--(jefinition of ,........ ,....... ......... .. t
Progress Payment. Applications for. .... .. .. ;. .. ..;. .. 14.2
ProgreSJ Paymenc-retainagc .... .. . .. .. .. . , . . .. . . . . .. 14.2
.Pi-oil'e~s schedule...:........... Z.6..~.9.6.6.6.29. 15.1.6
Project--<iclinition of ~.. .. ,.............. .. :. ...: ......... .1
Project Representation-provision for ............... .'. 9.3
Project Representative. Rcsidenlt-'-deftnition o~ . ... . .. . .. \
Project. St:u'tinsthe ........:..-:...........~............ 2.i
Property Insurance..................... .......... J.6-.s.1l
Property,In.surancc-PartiaJ Utili1atiofl . ........ ...... .t I.!
Property Insurance-Receipt and AppLication ,
o(Proceed~ " ..................~.'.,... ......... j.12-5.11
Protecdon. Safcty and... ...... .. ;.. .. .. .. .. . .. .., 6.~.21
Punch Ust ...... ......... ............... ...,... ....,. f4./J
Recommendation of Pa.yment ....... .. .. .. ..... 14.4; 14.13
Record DoCuments .............................~..... 6.19.
Reference Poinu ......,.........;..............;.. ..... 4.4
ReiUlacion.s, La.w.! and ................. ....... .........6.14
Rejecrina DII,C'l{v, Work ..... ~...... .. ............... 9;6
'Related Worlc ac Site' .......;...................... 7,1.7.3
Remedie,NOI Exclusive .............................. 17.4
~tmovaJ or CorreCtLon oC DefrcrNt Woril; .....,...,. 13.11
Rcsidenc Project Represeocaciv.e-<letinitiolJ oC ......, .... I .
Resident Project Represencarivc-provisi(]rl for ,....... 9.3
Respon.sibilities. ConcracIor's-in general ............... 6
Responsibilicics. 'Ensineer's-in g.neral ................. 9
Re.spon.5ibilities. Owner'S-:-in general. ., . . . . . .. .. " ... . .. 8
Retainagc ....:............,.. ........ ..,... ............ 14.2
Reuse of DocumentJ ..............,.. .... " .. '.' .... '.., .. 3.5
Rights of Way ..................................-....... .~. [
Royallics. Patent Fces and ......,.................... 6.1:1
Safety and Protection ....... 6,20-6. 2L1B ;1-18.2
Sam pIes ..............,................... .. .. .. .. 6.23-6.18
Schedule o( progreS5 ........ 2.6,2.8.19, 6.6. 6.~9. 1.5.1.6
. Sc:heduleof Shop Drawing
submissions ...................... :2.6. 2.8-2.9. 6.13; (4. [
Scheduleo( values ...................... J.6.2.a-2.9. 14.1.
Schedules. Finalizing .,.... ~.... " .. .. .: " .. .. ... " .. .. .2.9
Shop Drawingsand Samples......... " ........... 6.23-6.18
Shop Dl"llwinSs-Jefinition' of ...... .. .... .............". I
Shop Drnwings. Use to approve
substitulions .... ~................... ............ '.' 6.7.J
5
.;.'
Site, Vi.sits t~y Eniincer ................;.......... 9.2
Speci1ications-delinitien of .............. . . . . . . .. '. . . .. .. I
Starting- CorisO"Uction.. Before. . ..., . .... .. .. .. .. . .. 2..5-2.8
Slar'Cin.' thc Projoct. .. .. ...;.. : .... .. .... .. .... .. .. '. .. .. 2.4
'Slopping Work:-by Contractor ........... ......... ... 1.5.5 '
Slopping Work4y Owncr .. ...... ... .... ...;...,... IJ.IO
Subcoacnctor--delinition aC ....;..... . .. . .. . . .. .. . ....... ]
. Subcontractors-in general......... ... ....... .... 6.8-6.11
. Subcontncu-required provisions ............ 5.11.1. 6. J I
.... J1....3
Substantial Complction-cernfication of .............. J 4.8
Subsza.ndal.Compluion-definiuon of..... ....... .. .. .... 1
Substittltc or "Or.Equal" "1rc:l'm.s '.................,. ... " 6.1
Subsurface Conditions........................... .. 4.1":4.3
Supplemental coses .......................;..,...... 11....5
Supplementary Condition5--dennition of ~......;...,.... I
Supplementary Condltion5-i'rincipal
references to .. 2..2,4.2. j.l, 5.3. 5.6-5.8.6.3. 6.13, 6~3, '
. 1.4,9.3
Supp)~meFltini Contract Documents ;.............. J .~3..s
Supplier--dctinition of . . .. . . . . . . .. . . . . . . . . . . ., . . .. . . . .. .. 1
Suppiier-princip"a! rcfercncC1 to ... 3.6,.6.5. 6.7~.9. 6.20.,
6.24, 9,13.9.16. 11.8, 13.4. 14.12
Surety-consent to paymellt ................... /4.12. 14.14
Surety-En,inc.er ItlU no duty to ..................~.. 9: 13
Surety-n"uce 10 .......................;..10.1.10.5; J5.2.
Surety-quaiJt\cation of ..... ~ .. . ........ .; . .. . .. ... 5.1..U
SUlpcndini Work. by Owner....;......:.... ......... 15.1
SUtpensioD of Work and Terrnination--in ,cneral ....... 15
Superintendcnt-Contnct.or's ...... .'. ... . . .. . , . .. . . '" 6.2
SUpervision and Syperintendencc. '. . . . . . . . . . . . . . . .. is .1-6.2
Tues-Payment by ConU'2ctor . .. . .. .. . ; .. .. .. :. ..... 6.15
Termina.tlon-by Contractor.... :............ ......... 15.5
Termination-by Owner........ ........... .. .... 15.2:.lS.4
Termination. Suspension of Work ~d-in general ...... 1.5
Temand Inspections ........................... /3 .3~13. 7
Tlrne. Ch~ge .of Contract.....;..~...................... 12
o!
.:..... .
6
Time. Computation oC .........;..................;... 17 J
Time. Contract--<ietinieion .of..... .... ... .. ... . ... .. ..... I
Uneov,erine Werk ........"... ~... ;...;. .. .. .... J3 .8.1.:!.9
UnderiTound Facilides-definilion .of .... .. .. .. .......... I .
Undcfp-ound Facilities-MI shown or indicaled ..... 4.3,1
Underil'Ound Facilitics-protec'liollO( .,......... 4.3. 6".10
UridergroundFacilitie,~shown .or indicated. ........ 4.3. J
Unit Price Work-<ielinitien,.of ..........................1
Unit Price Work-general ...... "......... 11.9. 14.1. 14..5
Unit Prices...................... ..................... 11.3.l
Unit Prices. Determinations fer...... ....... .., ....... 9.10
Use of Premises .................;...:...........6.16-6.18
Ulility ownen ................... ....... 6.13. 6.20. 7.2-7.3
Values, Schedule .of .............. ...... .. .... t6; 1;9. 1( 1
Variations in Work-Auth.orized . .. .. .. .. .., 6.25. 6.2.7. 9..5
Visits .to Site-by Eniineer ............ .. . ... ,.... '! ... 9.2
W~ver of Claims-on FinalPayment ~. .. '" ". ........ 14.16.
Waiver of Rights by insured panie.s .... ........!' .5.1 D. 6.11
Warr-anty and Guanntce-by Contractor....:.... .. .. 13.1,
WarraJlty of Title. Contractor's .. ....... .. ... .... .. ; . :, 1-'1.3
Work. Access to ............... .......... .......... .'. .... 1.3.1
Work-bY. others ............... .... . .. .. ....,.. .... .. '" .'. 7
Work Continuing During Disputes .................... .6.29
W.ork. Cost of .... .. ... . .. . .. . .. .. .. '" . .. ..... .. 11. 4..11..5
W.ork-detini~on of .......,....... ~.... .... ........ ....... 1
Work Directive Change-<lelinirion of ..., " ;. .... I .. .. .. 1
Work Direc:~ive Change-principal .
references Ie .~.......................... ~ .4J. 10.1./0.2
W.ork, Nepectcd by Contractor ......... ~ ...... ..... 13.14
Work. StoPIling by Comtactor . . .... . .. . . . . " .. . . . .... LS.5
Work. Stopping by Owner ..... ...... ..... ....... 15.1.1.5.4
Written Amcndment-4etinitibp of ...........;.......... 1 .
Written Amendmenl-principal
references to ....;................ 3.4.1. to. I. 11.':;. 1:!.1
GENERAL CONDITIONS
ARTICLE I-DEFfNfTIONS
Wherever useu' inlhe~e Cieneml CLlnuitions orin the orher .
Comract Documents the following" terms hove [he m~llnings
indicated which Jrc applicable 10 both the singular and plural
thereof:
AJdtnc!a.,....Writlen or graphic insrruments is~uetJ priono Ihe
opening of aid.~ \~'hich clarify. corm:1 or change Ihe bidding
uocumenls or lhe Contract Documl:nrs.
.-l,l/rI'l:'l11l'11l- The wrilten agreement between OWNER.anu
CONTRACTOR-covering rhe Work 10 be performed: other
Cuntracl DOcuments ilre !luoched [0 [he ..~greement and made
a part thereof as provided therein.
,4.pplh'miml for p((~'/IU1rl- The form lIccepted by ENG I.
NEER which is to be used by. CONTRA CTOR in requestini
progress or final paymen~s Ilnd which is [0 include,such sup.
porting clocumencllcion os is required by che Contrncl
Documencs.
Bid-The otTer or proposnl of che bidder submitted on .the
prescribed form setting fonh. the prices for lhe Work to be
performed.
BOlrd.r-Bid. performance nnd payment bonds and other
instruments of securit~..
Clr(tng~ Ordu-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 cne Contracr Price or the Contract Time. issued
on or after the Effective: Date of the A.greement. .
C(}ntrm'( Do mlllt Il IS- The Agreemenc. Addendalwhich per~
tain to the Contr:lct Documen[s). CONTRACTOR's Bid
(including uocumen (licion accompanying Ihe aid and nny post-
Bid documentation submitted prior'to [he: Notice of Award)
when lIccached as on ll~hibil to the Agreemen[. [he Bonds.
these G~nern.1 Conditions. the Supplc:mentaryConditions. [he
Specifications nnd the Drawings 115 the 511me lire more spe-
cifically identified in Ihe Agreement. togc:th:er w.itn ull amend.
ments. modiliclltions and supplements issued pursuanttlJ
paragrnphs 3..$ hnd 3.5 IJn or ofter ehe Effective Duce of the
Agreement.
C/JII/Nlc.t Pric'r-Themllneys paynble by OWNER to CON-
rRACTOR under the Contnct Documents as Slated in the
Agreement Isubject to rhe provishJl1s of paragraph 11.9.1 in
lhe Cllsc: of U nit Price Wark).
CUlW'I/('t Tilllt'-The number ut' unys [computed (I~ provid~u
in pnmgroph J 7. 2) or I he ll<lte st:.lled in the Agree m~n[ for [he
completion of Ih~ Work.
C'ONTRACTOR_ The pc:rson. lirm or curpor.uioi'l with whom
OWNER hns ~n[ered into (he Agreement.
.;.., .
cle/ec'lil'e-An adjective which when modifying the word Work'
refers to Work that is unsatisfactory. (nully or dellcienL or
does nor conform to the Contract Documents, or does not
meet [he requirements of any inspection. reference standard.
lest or approval referred 10 in the Contract Do<;umenlS. or
has been dllmaged prior to ENGINEER's recommendation
affinal paymenllunless responsibility for the procecuon [hell!of
has been a.ssumed by bWNER at Substontial CompletiQo in
accoraance with paragrapl1l4.8 or I.UO).
Drrl;l'ings- The ~mwings which show the character and scope
of the Work to be performed and which have been prepared
or approved by ENGIN EER nnd arc refmed to in the Cori-
crac!DOCUmenls.
clft('liI'r Dau of rlre Ajirnml:'Jir- The dnce indiCated in Ihe .
Agreement'on which it becomes-effective. but if no such dlle
is indicated it means [he date on which the Agreement is
signed and d~livered by the last of [he: twopar!ies 10 sign and
delive:r.
E.\fGINEER- The person. firm orcorporatiOn{lameclils such
in the Agreement. ...
field OJ'du-A written order issued by ENGINE.ER which
orders minor changes in the 'Work in accordance with' pora-
graph 9.5 but which does no tin volve a. change in the Conmct .
Pric:e or the Contract Time.
G~II~ral RtquiJ'~mellts~ections of Division I or the Speci-
/ications. .
Lall's and'RtKulalivlli.: LilIvs or.Rt8Jilatlons-La.ws. rules.
reJ\llations. ordinances. codes and/or orders.
. Noll", of AlI'ard- The written notice by OWNER to tbe
, apparent successful bidper stating (hil[ upon compliance by
. [he: apparenr succesSful bidderwilh.the conditions precedent
enumemccd therein. within'the cime specified. OWNER will
sign and d~li\'er the Agreemenl.
-Notice (t) Procrtd-A written notice given by OWNER 10
CONTRACTOR lwitha copy [0 E~GINEER) fi.~in8 [hedalC
on which che Contract Time will commence to run and On
which CONTRAcTORshnll stlln to perform CONTRAC.
TOR'S obligalions under the Contract Documents.
o IVNER- The public bou'y or authority . corporation. lISSO'
ciation,linn or penon with whom CONTRACTOR has (ntercU
inco the Agreemenc andfor whom the Work is to lie provided.
Partial Utili::crri/JII-Placing a portionof the Work in service
. for the purpose [or which jris intended lor a related purposel
beCore reaching Substantial Completion for till the Wurk.
Prajtcr-The lotol construction of which the Work to be
provided under the Contract Documencs may be [he Ivhole.
or n parr liS indical<<:d elsewhere in the Contract Documents.
RI:' S;Jl'11I PrIJjI'(,/ Rl'PI"tsC'lItar;I'I:'- The authorized reprc:sen.
ludv.e of ENGIN EER who is l1ssign~d [0 the site or an~' port
thereof. .
7
Shop Drawinf.r-AJI drawings, dias-rams, illustrations,
schedules and other dau which are specifically prepared by
or for CONTRACTOR to llIunnle some portion of the Work
and all illustrations, brochures, sta.l1dard schedules. perforM
mance charts. instructions. dia~s and other Jnfonnation
prepared by a SUpplier and subcnitted by CONTRACTOR to
illustrate material or equipment forsome portion of the Work. .
SpecIfications-Those portions of the Contract Documents
consisting of 'Ntitten technica.\ descriptions of materials,
equipment. ~onst!'uction systems. standards and workman.
ship as applied to the Work and ccruin administrative details
applicable thereto. .
Subconrraclor-An individual. firm or corpontion having a
direct contract with CONTRAcrOR or with any other Sub- .
contractor for the performance of a part of the Work at the
. sice..
SU1WQIlliaJ Completion-The Woric{ora specilled partthcreoO
hasprogresscd to the point where. in ihc opinion of'ENOI-
NEER as evideflcedby ENGINEER's definitivc certificate
o( Substantial Completion, ii is. sutftcientIy comp[e[l:. ili
a.ccorcwu:e wit/i the Contract Documents. so thar thl: Work
(o(speci!ied part) can be utilized for the purposes for which
it iJ !ntcndl:d;or if there be no such certitic~l[c is!ued. when
ftna.! payment is due In accordancewith paragraph '14: 13. The
,lenns "substantially complete" and "substantially com-
pleted" asappl1ed to any Worle refer 10 SUbsCArllial Comple.'
lion [hereot.
Suppleml!nrary COrtdiriom-Thc pan of the Contract Docu~
menu which amends or supplcments these General Condi-
tIons, . . . .
Suppli"-A manufacturer. fabricator: supplier. distributor.
materialman or vendor.
U~derirolllld Facililfts-All pipelines. conduits. ducts. cables.
WIres. manholes. vaults. tanks. tunnels or othl:r such facilides .
Or attachments, and AnY ene,asemen[s containing such [acil.
ities which have been inuaIJed unde~round to furnish any of
t~e :ollowinlJ services or materials: electricity I gases, steam.
l~qUld petroleum products, tclephonc or Olher communica.
lions. cable television. sew2g'e and drainage removal. traffic
or olher CO[1[rol sysiems or water..
U!'il Prict Work--'-Work to be paid {or on the basis of unit
prices,
WOrk-TIle.entire complele.d construction or .ile various sep-
, aiately identifiable plU"tS . thereof required to be furnished
Under the Contract Do<:uments~ Work is Ihe resull of per-
forming ~ervices. fumi5hin~ labor and fumishinpnd incor-
Porating maccrials and equil)menl inco the construction. all
~ required by thc Conlract Documents.
Work Direcrivt Chal/Rt-A written directive to CONTRAC-
. TOR. issuedon or afler lheEff~ctive Dale of the Agreeme.nt
. ~nd signed by OWNER and recommended by ENGINEER.
...... .
ordering an addition. deletion or revision iti the WorK. Q'
responding [0 differing or unforeseen physical condidoru undcr
,which [he Work is to be perfonned 13 provided. in para.graph
4.2 or 4.3 or 10 emergencies underpaniT'lph 6.22. ^ WOrl.
Directive Cha.ngemay notcha.nge theContral:t .Price or th~
Contract Time. but is evidence that the parties expect tbal
the change directed or documented by a Work Directive.
Chan'ge will be incorporated in a suosequ'ently iS5ucd c:b&lllc
Orr;ler following negotiations by the parties as to it! etrect; U
any. on the Contract Price orContrac:t Time as provided in
paragraph 10.1.
Wrirltl! A.mtndmtnt-A written amendment af.th: Contract
Documents. signed by OWNER and CONTRACTOR on or
after the Etrectlve Date of the Agreement L1ld. normally deal.
inlJwith the noncngineerini or nO'ntecbmcal.nuher. than strictly
Work-related aspects of the ContractDocumenls.
ARTICLE 2-PRELlMlNAR.Y ?MITER.S
,
,.
D,J!v,ry of Bandt:
1.1. When CONTRACTOR delivers the executed AiI'ec-
menUlO OWNER. CONTRACTOR sballa1sodeliver to
OWNER such Borius as CONTRACTOR may be required to
furnj~h in accordance with paragraph ,t].
Copi'l of Docll/rImJs:
2.:!.. O\VNER shall fumi~h to CONTRACTOR up to ccn
copies (unless otherwisc -,pccined in the Supplemeo.tary Con-
.ditions) of the Contract Documents u. are rea.sonably neC-
essary (or thc execution oC tbe Wor~. Additional copies will.
be furnished, upon request. at [he cost o( reprO<iuc[jon.
COmmtnClTTUIll of ConrrcU:1 Tim;,' NOrUt 10 Procud:
. 2.3. The. Concraet Time will commence to run on the
thirtieth da.y after the Effective Da[e o(tlle. Agreement. or, if.
a Notice 10 Proc~ed is given, on ttie day.indica.ted in .the
Notice [0 Proceed. A Notice to Proceed may be iiven at any
time within Ihirty days after the Effective Date of [he Agree-
ment. In no event will the Contract Time commence to rud
later than the seventy.fifth day after che: day of Bid opening
or che chirticth day after the Effective Date of the Agreement.
whichever date is earlier.
SUUtiitt th. Prajw:
~.4. CONTRACTOR sha.1l start [0 perfonn the Work on
[he date when che Conlracl Time commenccslo run. but no
Work shall be done at the sitc prior 10 Ihe dale on which Ihe
Contract Time commences to run.
B 'fort Starring Construction:
L5. Before undertaking each part of the Work, CON-
TRACTOR shall carefully study and compare che Contract
Documencs and check and verify pertinent ligures shown
8
thereon and all applicable lield measurements. CONTRAC-
TOR shall promplly reporl in writing 10 ENGrNEER lIily .
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain n written interpretation or clarifi-.
ention from ENGINEERtiefore proceeding with any Work
affected thereby: however. CON.TRACTOR shall not be lia.
. ble to OWNER or ENG1N EER lor Failure ro report any
conflict. error 01' di.screpancy in the Contract Documents.
unless CONTR..KTOR had actual knowledge thereof or should
reasonably have known lhereof.
1.6. Wirhin ten days after Ihe EffectiveDa[e of che Agree-
. ment (unless otherwise sp~cified in the General Require-
ments). CONTRACTOR shall submic to E~G{NEER fer
review:
1.6.1. an es!imated progress schedule indicating the
.scaning and compl,etion dates of the .various stages of the.
'Work:
:!.6.:!. a preliminary !chedule of S~op Drawing sub-
missions: and
:!.6.3. a prellminary schedule of valu~sfor all of the
Work which will include quantities and prices oC items
aggregst.ing the Contract Pric.c nnd will subdi vide theWork
into component parts in sutllcient detail Co serve. as Ihe
bash for progress payment.\ during const-rocrion. Such
prices will include an appropriate amount ot' overhead and
protit applicable to each item ofWarle IVhich will be'con-
firmed in writing by CONTRACTOR at the time. of mb-
mi.ssion.
2.7. Before llny Work at the site is started. CONTRAC-
TOR shall d.:li\'er to OWNER. with a copy .to E;-lGINEER.
. cenificace.s (und other ~vidence of insurance requeSted by
. OWN ERl which CO NTRACTOR i.s re.quircd to purchase and
maintain in accordance with paragrnphs 5.J and 5.4. and
OWNER shnl! deliver to CONTRACTOR certi/ka.tes land
other.: vidence of hi.suronce requested by CONTRACTOR)
which OWNER is required Co purchase and maintain in
accordance with paragraphs 5.6 and5. 7.
. .
PrtCorUlrucrt'oll CO"ftrtr'c~: .
~.B, Within tWent}' days after the Effective Dace of che
Agreement. but before CONTRACTOR scam [he Work at
the site. a conference lltrendet./ by CONTRACTOR. ENGI~
. NEER and iJth.:rs ns appropriate will be held 10 discuss rhe
schedult:s rJ:{c:rred to in.parngrnph 2.6. to discuss procedures
for hnndling Shop DraWings and other submittals and for
procc:ssing Applicationstor Payment. and to establish:l working
und~rstanding among the panies as to the: Work,
Finali::.ing Sclrtdult!s:
~.9. At l~:ist len dill'S before submission of the: first Appli-
calion for PU\"rTIent a 'conference attended by CONTRAC-
TOR. ENGINEER nnd others us appropriate will bt held 10
finalize [h~ ~.:h~dules ~ubmilled in uccoruunte:: \\'ith pUn!-
graph 2.6. The finnJized progress schedulewiJI be:: occ:pllble
[0 ENGINEER as providing an orderly progression or the
Work [0 completion within the Conlract Time, but Such
acceptance will neither impQse on ENGINEER responsibility
for the progress or scheduling of the Work nor rc:lieve CON-
TRACTOR from full responsibilily rherefor. The finalized
schedule of Shop Drawing submission5 will be acceptable to
. ENGINEER as providing a workable arrange:nerU for pro~
cessing the ~ubmissions. The finalized schedule ot'va/ues will
be acceptable [0 ENGINEER as to form and Substllnc:,
. ARTrCLE J-CONTRACT DOCUM.E~TS: INTENT.'
,~MENDING. REUSE
1/11'/11:
3.1. The Contract Documents comprise the entire agr~e- .
ment between O\llNER andCONTRACTOR conceminglhe
Work. The Comract Documents are complemenrary; whitis
called for by one is as.binding llS ifcnlled {or by all. The
Controcc' Documents will. be construed in accordllnce with
the law of the place: of the Project.
3.2. It is the intent ~fthe Contrnct Documents to describe
a functionally complete Projecc(or part thereon 10 be con-
structed in accordance with the Contract pocumencs. ,\ny
Work. macerials or equipment that may rCllSonably be infemG.
from the Contract Documents as being required [0 produce
the intended result will be supplied whether or not specilicaUy
cailed for. When words Which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such ~ords shall beinterpretcd in accordance with
thac meaning. Reference (0 Handard specificacions. manuals'.
or codes of any lec hnical socicty, organiz;uio n or as socilltion.
ono the Laws or Regulations of any rovernmentala.uthoriIY.
whether such rcference be specific or by implication. sholl .
mean the latest standard specification. manual. code or Laws
or Regullltions in etTecc at the time of opening of 8ids (or. on
the Effective Date of the Agreement if there were no Bids).
except o.s may be otherwise spec;Jlcclly stl1ted. However. no
provision of any referenced stllndard specificntion. mnnual
orcode fwhecher or notsper:;ilically inccrpolil.led by reference
'n.the Contract Documents) shall be e!fecti'/e to change the
duties and responsibilities of OWN ER CONTRACTOR or
ENGINEER. or any of their consultants. IIgents or .:mploy-
ees from rhose set fonh in the ConU<lct Documents. nor shall
ir be effective [0 assign to tNGINEER. or a.ny of ENGI-
NEER's consultants. agents or employees. any duty or
authority to sup~rvise or direcr rhe furnishing or performance
of the Work or any duty or authority to undertake n:spllns;.
bililY coocrnry ro the provi5ions of pomgraph 9.15 ur 9. )6.
Clarifications and interpretllcions of the Conrract Documenls
~hull be issued by ENGINEER liS provided in pl1rogroph 9.4.
3.3. If. during the performance of the Work. CONTRAC. . .
TOR finds il conHier. .:rroror ui5crepnncy in the (untruel
Documents. CONTRACTOR shall 50 report to ENGJN EER
in writing at once and be/bn: proceeuing with the Work (ltTected
thereby shall obtain u written in'rerpretation or cluriticath>n
9
(rom ENGINEER: however. CONTRACTOR shall not be
tiab!eto OWNER or ENGINEER (or failure to repOI1 any
conJlict.crror or discrepancy in. the Cont17.ct Documents
urllcss CONTRACTOR had actual knowledge thereof or should
. rC3!onably nave known thereof.
A.trltruiin'llnd SUppum,1fJi.n.r Co.nC1"a.t:l Dar:wnltr.u:
3.4. The COntract Documents may be amcnded to pro-.
vide for ad~ttions, deletions and revision! in the Work or to
modifY the [cnnSaDd conditions lhereof in one or more of
the fo/1owing ways:
).4.1. a formaJ.Written Amendment,
3.4..2. a Change Order (pursuant [0 paragraph 10.4),.
or
3.4.J. a Worle Directive Change (pursuant to para-
graph IO,i).
. A$ indicated in paragraphs J I ~i and .i2. J. Contract Price and
Contract Time may only be changed by a Change Order or a
W!ittenAmendment.
3..s. IIi a.ddition. the requirernentsof the Contract Docu-
menu may be sUppJementec1. and minor variations and devia-
tions In t.be Worle may be: authonzed.. in one or more of the
. (oLJowinr ways:
3..5.1. a Field Order (pursuant to paragraph 9..5),
)..5.2. ENGINEER'$ approval oC a Shop Drawing or
sample (plU"Suant to paragnpbs 6.26 and 6.21), or
3..5.,3;. ENGINEE.R's written interpretation or clariJi.
cation (pursuamto I'ara.graph 9A}.
R.UJI 01 DOClJM,rru:
f 3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or ot'ianizatlon performing or fur.
. ni.shing any oC the Work under a direct or indirect co-nlracl
~il.h O.WNER sball have or acquire any title; (0 or ow.nc:rsbip
nghu In any of theDrawinlls. Speci/ications or otber docu-
ments (or cOple.s o{ a!1y thereat) prepared'by or bearing the
. ;. leal oC ENOrNEER: and they shall not reuse any of them on
e~lCnsions of the PrOjeCL or any ocher project without written
consent of OWNER and ENGINEER and specific written
verincalion or adaptation by ENGINEER.
A.RTICLE +-A V AILASIUTY OF. LANDS; PHYSICAL
CONmnONS: REFERENCE POINTS
-
A v4iJa!JiJiry of lAn.dr:
\ 4. I. OWNER shall furnish. a.s indicated in the Conlract
,; Documents, the lands upon which the Work is 10 be per.
fonned. rights-of-way and easements for access thercL.o, and
'.'''''
such other lands which are de~igna'led for the use of CON.
TRACTOR. Easements for permanent !trUCtures or perma.
!Jent cha,nges in existing: faciliti~s will be obtained and paid
(or by OWNER. unless otherwise provided in (he COntracl
Documenrs. If CONTRACTOR believes that any delay in
OWNER's furnishing these land.s. rig.hlS~of-way or ea.sc.
ment.s entitles CONTRACTOR 10 an extension of the Con-
tnlcr Time. CONTRACTOR may make a claim therefor u
provided in Anicle 12. CONTRACTOR shall.provide (or all
additional lands and'access thereto that may be required for
temporary construction facilities or stora~e of material! and.
equipment.
Physical Con.di/it)ns:
4.2.1. Explorafions and R~pol(s: .Reference is made
to the Supplementary Conditions for identification of those
reports of explorations and tem o( sub~urface conditions
a.t the site that have been utilized by ENGINEER in prep.
aration ofthe CORt14ct Documents. CONTRACTOR may.
rely upon the accuracy of the technical dua C{lntalned in
. such repor1s. but not upon nontechnical data.'interprcr;.'
lions or opinions contained therein or {or 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 re.sponsibility
with rC5pecno subsurface conditions a.t thc site.
4.2.Z.. ExiJlini SIrIJCturu: Reference is made [0 the.
~upplementar; Condidons (or identification of those
draWings of physic.a1 condilior:ls in or relating LO existing
surface and subsurface mucrures (except Underground
Facilities referred to in paragraph 4.3) which are at or
conliguousto the'site that have been utiliz.ed by EN01-
NE.ER in preparation of the Contract Documents. CON- .
TRAcrOR may rc'ry upon the accu14cyof the techni~
daea contained in such draw!nis. but not for,th~ complete. '
neS.! th.creof for CONTRACfOR's purposes. Except as
indicated in .the immediately precedinll sentence and in
paragraph 4.1.6. CONTRACTOR shall have full resl'on..
. sibllity with n:spcct. to physical conditions in or relatin&,
to such 5tnJClUres. .
4.2.3. RtPOfl of Difftring COlldilionr: If CONTRAC-
TOR believes that: .
4.2.J.I. any rechnicaJdata on which CONTRAC.
TOR is entitled to rely as provided in paragraphs 4.~.1
and 4.~.1 is inaccurate. or
4.1.3.2. any physical condition uncovered or
revealed at the site differs materially from thar indi.
cated. rctlected or referred to in the Contract Docu.
ments.
CONTRACTOR lha!!. promptly afrer becoming .aware
thereof and before perfonning any Work in connection
therewith (except in an emergency as -permitted by para.
graph 6.22). notify OWNER and.ENGINEER in writing
aboUI the inaccuracy or difference.
10
.U.,LENGINEER's Rel';~II': ENG[NEER wilt
promplly review the pertinent condirions. determine the
necessity of obiaining additional c:.~plorn[ions, or [em with
respect thereto and advise OWNER in wricing (wirh a copy
roCONTRACTOR) of ENGINEER's findings and con-
. elusions,
4. 2,5. Pos.riMe Do('(/mtnf CllCln.~~.. If ENGIN EER
concludes char (here is a material ~rror in (he CllnlTUC[
Documen[s or thai becauSl! of newly di~cllv~red condi~
lions lJ; 'change in the Conrract Documents is required. a
WorkDireclive Change or a Change Order will be issued'
as provided in Article 10 to re~ec[' and document the
consequences of the inaccuracy or difference,
4,~.6. PO,fJibft Pria I/mi Tilllt AdjllJl/lltnrJ: In eac:h
such C:lse. an increase or decrease in Ihe Conlract Price
or an extension or shortening ofrhe Contract Time. or any
combination Ihereof. will be allowable to che e:ttent that
Ihe>' are attributable to any such inaccuracy or differe'nce.
If OWNER and CONTRACTOR are unable [0 Ilgree 115 to
the amount orlength thereof. a claim may be made therefor
as provided in I\nic:\es J I and 12.
Physical Condin'ons-Clrdtrground Faci/iJin:
.*,3.1. Slrol\'n VI' lirdicaltd: The information nnd dalll
shown or indicoted in [he Contract DocumenC5 with respecl
to existing Underground Facillties at or contiguous to t~e
site is based on informacion and data furnished 10 OWN ER
or ENGINEER by the owners ofsuch Underground Facil-
ities Of' by others, Un/es~ il is otherwise e;.:press[y pro.
vided in rhe SUpplementary Conditions:
4,J.1.1. OWNER and ENGINEER shall not be
. responsible for the accuracy or .completeness of any
such information ord.o.ra: and,
.U.I.~. CONTRACTOR shnll ha.ve full responsi-
bility for reviewing and checking all such informacion
and data. for loctltinr ali Underground Facilities shown
or indicated in rhe Contract Documents. for coordina-
tion of rhe Work with the owners of such Underground
Facilities durin~ const~ction. for the safety and 'pro.
tection r!1erect'ns provided in; paragraph 6,~O and
repairingo.ny dllmageihereto resulting from the Work.
rhecost of all of which will be considered as having
been included in the Conlract Price.
~,J.1. Not S/'OI\'1/ or ludictl/ftJ. If an Underground
Facilily is uncovered or revealed o.t or conti2uOuS to the
sile which was not shown or indiculcd in the Contract
Documents and which CONTRACTOR could ntH reason-
ably have been expected 10 be awnre of. CONTRACTOR
shall. promprly urrer becoming a wo.re thereot' and .before
performing ;ll1Y W~lrk atfecr~d thereby (excepr in an emer-
gency as permiteed by pnr~grnph 6.221. idenrify the owner
of suchU l1dc:rgrounu Facility and give written noeice thereof
to Ihot owner and III OWNER amJ ENGINEER. ENGI-
NEER will promptly revrew the Underground Fucilily [0
deLermin.e the extent to which [he Contract Documents
should 'be modified 10 reflect and documenc :the Conle-
quenceS of ihe e;<istence ot"the Underground Facility, and
the Contract Documents will be amended orsupplemenced
to the e;([ent necessnry. During such lime, CONTRAC..
TO~ shal/be responsible f(:lrlhe safety andprotmionof
such Underground Facilicy as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase iOlhe Con.
tract Pride or on extension of Ihe Conlncr Time. or both.
10 the e;Uent {hat they are tmributablelO the e'(istence of
any Underground FacililY that was not shown or indicated
in the Confract Documents and which CONTRACTOR
could not reasonably have been expect-td to .be aware of,
If the partics are unable to agree us 10 th~ amount or lengch
thereof. CONTRACTOR may make a claim therefor as
provided in Anicles II and I::!.
Rt!f"nCt Pointl.'
4.4. 0 WN ER shall provide engineering surveys [0 estab-
. . !ish reference points for conscNctionwhichirt ENG INEER's .
judgmen~ are rieces5ilryto eno.br~ CONTRACT9R to pro~ee<l
with the Work. CONTRACTOR shall be responsible for la,y.
ing out the Work funless otherwise specified in the Genenl
Requirements). shall protect and preserve the established
reference points and shall make. no changes or relCCAlions
without the prlorwtitten npprovnl of OWNER. CONTR.-\C.
. TOR ~hall repQrt to ENGINEER whene.ver a.ny reference
point, is lost or, desrroyed or requires relocation. beca.use of.
neces.sary changes in grades orloclItion!. and shall be r~spon-
sible for the acc,urace replacement or relocation of such ref.
erence pornts by professionaIly qualified personnel.
ARTICLE 5-BONDS AND INSURANCE
P'rformancI an.a 0111" Bonds..
S.1. CONTRACTOR shall furnish. perfor~nnce and pay.
ment Bonds. each ioan 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 shaH remain in effect at lease uncil one
year aftcr the date when final paymen t becomes due. e:~cep(
as othe.rwise provided by Law or Regulaiion or by the Con-
tract Document,l, CONTRACTOR shall alsofumish ~such
other ~onds as are requir~d by the Supplement~ryCondi.
rions. All Bonds shnll be in the forms prescribed by LllW or
Regulation or by th~ Contract Documents and be e:<el;uted
by such sureties as are named in the current list of "Com-
panics Holding Cerrincates of Authority as Acceptable Sure-
lies on Federal So"nds and as Acceptable Reinsuring Com. '
panics" IlS published in Circular 570 {amendedl by the Audit
Staff Bureau of Accounts. U.S. Treasury Depllrtment. ."IJ
Bonds signed by nn :lgcnt must be accompanied by a ceriHiecl
copy of the lluthorirr co acl.
5.:!. If the 5uret~' on any Bond furnished b~' CONTRAC-
TOR is dc:clured'a bankrupt or becomes insoll/ent or its right
(0 do 9usincss is terminateu in any Slate where. anypnrt of
II
the Projecc is located or Ie ce8.5es co me~t the requirements.
of paragraph ..s.I, CONTRACTOR shall wichi~ /lve dJlys
lherea.her substitute another Bond and Surety, both of which
must be acceptable to OWNER.
c o~:ct' s Lit:;, ility 1 ltSlU'anw
5.3. CONTRAcrOR shall purchase and maintain such
coml'rehen"ive general Uability and ocher insurance as is
appropriate for the Work being perfonned and furnished I.l1d
1$ wiD provide prclecriQn from claims set forth below which
may arise OUt ot' or result from CONTRACTOR's perfor-
mance and furnbhing oC .[he Work and CONTRACTOR's
other obliptions under the Contract Documents. wttelher it
is to be pcrforrIlcd or furnished by CONTRACTOR, by any
Subcontractor, by anyone directly or indirectly employed by
any of them Co perform or furnish ~nyof the Work. or by
anyone for Whole ac:csa.ny of them may be liable:
..s.3.1. Claims under wor1ceu' or workmen's compen.
sation. dinbililY benefiu and ocher similar employee ben-
efit acu: "
.U.2. Claims. for dJlrnages because of bodily injury,
occupational sickness or disease. or death ofCONTRAC.
TOR:"cmployee.s;
5.3.3. Claims for darnaie~ because of bodily injury,
sickness or disease, or death of any person ocher than
CONTRACTOR.'s employees:
S.JA. Claims for damages insured by personal injury
liability coverage which are sum..ined (a) by any person
as a result of lln offense direccly or indirectly related to
the employmcm of such person by CONTRACTOR, or
(b) br any. ocher person [or any ocberreason:
5.3.5. Claims fordainaies. other than co the: Worle
itself. because ofjnjury to orde:struction ofcangible prop.
e:rry wherever rocared. including loss of use re:lUltini
therefrom: .
~.3:6, Claim.s arising OU1.O{ operation of Laws or,Reg-
ulationis for damages because of bodily injury or death of
any person or for damagero property: and
.5.3.7. Claims for damages because of bodily injury or
death oeany penon or propeny damage arising oue of the
ownership, maintenance ar Use of any motor vehicle.
The insurance required by this paragraph .s.3 shall include
. the specitic COverages and be written for not less than the
limits of liability and Coverages provided in the Supplemen-
tary Conditions. or required by Jaw, whichever "is greater.
The comprehensive generalliab1lity insurance shall include
compleled operations insurance. AU of !he policies or insur.
ance so required to be purchased and maintained (or che
c:ertiJica[cs or otherevidenc~ thereoO shall contain a provi.
sio/1 or enaorsemenl that Ihe coverage aiTorded will not be
cancelled. matenallychanged or renewal refused uritil at leut
,..,'.
thirty da.ys' prior written notice has been given co OWNER.
and ENGINEER by certified mail. All !uch insurance shall
"" re~n in effect until final payment and at aLl. times thereafter
when CONTRACTOR may be correcting, removing or
replacing dtfecrivt Work in acc.ordance with paragraph 13..12-
In addition. CONTRACTOR lhaU maintain such completed
operations insurance for alleast two yean after final payment
and furnish O\VNER wich evidence of continuation of such
insurance at final payment and one year thereafter.
CcntrrJ&tw:li LirzJJiJiry llU1.r.t'tlIlCt.'
5.4. The comprehensive generalliabiLily insul'allce required
by paragraph 5.3 wiJJinclude contractuaJ liability insurance
applicable to CONTRACTOR's obliptions under paragraph.!
6.30 and 6.31. '
Owners 1./.abiJ.Jty IflSuranct:
5.5. OWNER shall be! re~pon~ible for pure,basins and
maintaining OWNER '.5 own Uability insuranf'e and, at
OWNER's option. may purcha..se and mAintain such'insur.
ance as will protect OWNER againST cliluns which may arise
[rom operations undenhcContract D~cumenlS.
Prcp,rry !IWJ.1'C1rrce:
5.6. l1nles.s otherwise provided in the Supp[emencary
Conditions, 0 WNER shall purcha"e and mairla.in property .
insurance upon the Worle at the sice to the full insurablc vahlc
thereof (3ubject to such deductible amounts l! may be pro-
vided in the Supplementary Canditions or required by La'!V5 .
and Regulations). This in$urance shall include theinreresu
of OWNER. CO~T1tACTOR. Subcontractors, ENGINEER
and ENGINEER's consultants in tile Work. all of whom shall
be listed as insureds'or addition2J insured parties. snall.insure
against the perils of fire and eXlended coverage and shall
include "all risk" insurance for physical loss and damage
inCluding theft. vandalism and malicious mischief, collapse
and waCer dari'11ge, and such other pertls as may be provided
in the Supplementary Conditions. and'sluir incl~dedamages.
losses and expenses arising out of or resultini from any insured
loss or incurred in the repair or replacemcncof any insured
property (inclUding but not limited to fees and charges of
enlineers. architects. attorneys and other profe~sionalsl. If
noe covered under the ''all risk" fnsur4.nc~ or olherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchll5e and maintain similar propenyimurance on ponions
of the Wade $tared on and off the site or in cransit when such
porricns of the Work are 10 be included in an Application for
Payment.
5.7. OWNERshaJJ purchase and main12insuc:h boiler and
machinery in.surance or additional property insurance 8.5 mlly
be required by che Supplementary Conditions or Laws and
RellUlations which wilf include the interests of OWNER.
CONTRACTOR. Subcontractors, ENGINEER AND
ENGINEER's consultnncs in !he WQrk. all of whom shall be
listed as insured or additional insured parties.
12
5.8. .AIl the policies of insurnnce(or the cenificates or
ocher evidence thereof) required to be purchased and main-
lained by OWNER in accordance with paragraphs 5,6 and
5.7 will contain a provision or ~ndorsemen( thac the coverage
worded will not be catlcelled or mnlerially changed or renewal
refUsed unci! at lcasllhiny days' prior written notice has been
given 10 CONTRACTOR by cenified mail and will contain
waiver provisions in accord~lIce with paragraph 5.1 I.J.
5.9. OWNER shall no! be responsible for purchasing and
maincainlng any property insurance ro proteCI [he interests
of CONTRACTOR. Subconcraclors or others in the Work 10
Ihe' exeenc of any deductible amounls [hat arc provided in lhe
Supplementary Conditions. The risk of .loss within the
deductible amOUnt. will be borne by CONTRACTOR. Sub-
Contractor or others suffering any such loss nnd ifnny of them
wishes property insurance coveruge wichin the limits of such
amoUnts. each may purchase and maintain ic at the purchas-
er's own expense.
5.10. If CONTRACTOR requeStS in writing that, other
special insurance be included in'the property insurancc pol-
icy. OWNER soall. if possible. include: such insurance. and
the cas c thereof will be charged to CONTRACTOR by appro-
priace Change Order or Written Amendment. Prior co com-
mencement of the Work at rhe sileo OWNER shall inwriling
advise CONTR.'\CTOR whether or nor such ocher insurance
has been procured by OWNF,~.. .
~ -
i
Waivlr of Riglttr:
5. J 1.1. OWNER and CONTRACTOR waive all rights
against each other Eor all losses and damages caused by
any of che perils covered by che' polIcies of ins.urance
provided in response to paragraphs 5.6 and 5.7 and any
. other property insurance applicaOfcto che Work. nnd also
waive all sUCI1 righ.ts againse the Subcontractors. ENGI.
NEER. ENGINEER's consultants and all other panies
named as insureds in such policies for losses and damages
50 cnused. As required by paragraph 6.11. each subcon-
tract between CONTRACTOR and a Subcomraceor will .
contain similar wai:ver provisions by the Subcontraccor in
favor of OWNER,. CONTRACTOR. ENGINEER. ENGI.
NEER's co.nsultants and aIr oeherpanies named as insureds.
'None of the above wilivers shnliextend to the rights th:H
any o( the insured parries mAY have [Q the procl!eds of
insurrince hdd by OWNER as lrustee or otherwise p~y.
able under uny policy so i.ssued.
:.. [ 1.2. 0 WN ER and CONTRA.CTOR intend that any
policies pro\'iued in response to parugrilphs 5.6 nnd 5.7
shall proreet all of the parties insured und provide primnr~'
co....erage for illllosses and damages caused by the perils
COvered lh.:reby. Accordingly. all such polich:s shnll coo.
rain provisiuns to lhe effect thntin the event uf payment
Orony loss 0r damugc Ihe insurer will hnve nu righrs l)f
rec~\'ery ag\linst 1l0Y or the ponies named as insureds or
odditil.lnul insureds. uod if the insur~rs require sepnr:m
w:li\'er t"orms 10 bi: siBneu by ENGINEER or ENGr-
NEER's cnnsultnnt OWNER will obcuin the ~ume. <lOLl it'
. such waiver forms aie required of any Sub<:ontraclor.
CONTRACTOR will obtain the same,
, Rtel/pt ami Appli(anorr of Proceeds:
5,12. Any insured loss under the policies of i.nsurance
required by paragraphs 5.6 and 5.7 wiJI be adjusted with
OWNER and made payable [0 OWNER as trustee (onhe
insureds. as tneir int.erem may appear. subjec t fo the require.-
ments of any applicable mortgage clause and of paragraph
5.13. OWNER shall deposit in a sepa~te account any money
so received. and shall distribute ie in accordance with such
. agreement as the parties in interest may rCtlch, 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 ChllngeOrder or Written Amendme"nt,
5; 13. OWNERa! trusree shall have power to adjust and
settle nny loss with the insurers unless one of the parties in
interest shall object in writing witbin fifteen days after' the
occurrence of loss to OWNER's e:<ereise of this power. If
such objection be made. OWNER 05 tnmce shall make set;
eleinent with the insurers in accordance wieh such agreement '
as the parties in interest may rellch.If required in writing by
any party in interest. OWNER as trustee shall. upon tbe
occurrence or an insured [05S. give bond for the propet'" per-
formance o( 5uch duties. ,
AcclptanCl oflmuranCl:
5.14. If OWNER has any objection to che coverage aft'orded
by or other provisions of the insurance reqt:ired to be pur.
chased and maintained by CONTRACTOR in accordance
with paragraphs. 5.3 a~d '5.4 on the basis of ics notcompfying
with IheContract Documents. OWNER shail nOlify CON.
TRACTOR in Writing thereof wjthin ten days of the dace of .
delivery of such cenificlItes to OWNER in accordance with
paragraph '1.7: [f CONTRACTOR has any objection to the
coverage afforde:d. by or ocher provisions of the policies of
insuran~e .required to be purcha!ed and maimained by OWNER
iil accordance with paragraphs 5.6ll,nd 5.7 on rhe ba!ls of
their no~ complying with the Contract Document!.. CON-
TRACTOR shall notify OWNER in wririn! thercofwirhin tcn
days of the. date of delivery of such cenificales to CON-
TRACTOR in accordance with parngraph !.7. OWNE.Rand
CONTRACTOR shall each provide to rhe other such addl-
cional in[onnarlon in resp~Cl of insurance provided by each
u t~e other may reasonably requesc. Fililure by OWNER or
CONTRACTOR to give any such notice of objection within'
the time provided shall conscitute llcCeptance of such insur-
. ance purchast:d by the other as comptying Wilh rhe Contract
Documenrs.
Partial Utilbltion~Propm)' Insurqnr:t:
S.15. If OWNER nnds it necessary to uccupy or use a
panion or portions of the Work prior to SubstnntillI Comple.
lion of all the Wurk. such Use 'or occupancy may be accom-
plishec1 in accordam:~ wirh parngraph 1"4.10: prOVided that no
13
such use or occupancy sha.ll commence before the insurers
pro~iding the: prope:rty insurance have acknowledied notice
thereo(and in writing effected the changes in coverage neces.
sitated thereby. The insurers providing the prope:ny insur-
ance shaH consent by endorsement on the: policy or policies.
but lhe propeny insurance shaJJ not be: cancelled or lapse on
accou nt of any such partial use or oCcupancy.
ARTICLE c..-:cONTRACTOR'S RESPONSIBILlTIES
5up'r'luiorr alfd S U.~ri1UlnJlnr:l:
6.1. CONTRACTOR shaJ~ supervise and direct the Work
competently and efficiently, dcyoungsuch attention thereto'
and applyina such skill.s and e:xpertise as may be necessary
. lop.erlonn the Work in .accorda.nce with the Coiltract Doc-
uments. CONTRACTOR shall be solely responsible for th~ .
means. methods. techniques. sequences and procedures of
construction, but CONTRACTOR shaJJ not be respon.dble
for the negligence of others in the desisn or sele.ction of a
specific means, method. technique, sequence or procedure
of construction which is indicated in and require:dby the
Contract Documents. CONTRACTOR .shall be r~sponsible .
to ice that the finished Worle complies accurately with the
Contract Documents.
6.~. CONTRACJOR 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 e"traordlnary circumstances. The
superintendent will be CONTRACTOR's represcnt,auve at
[he site .and shall have authority [0 act on behalf of CON-
TRACTOR. All communication's given to the superintendent
shall be as binding as if given to CONTRACTOR.
War. .I1UtriD1.s alfd EquiplTlfl1/:
6.3. CONTRACTOR shall provide competent. suitably
quaJiliedpcrsonncl to survey and layout Ihe Worle and per-
rorm comtl1.lction. as required by the Contract Documents.
CONTRACTORshaU at all times maintaIn good discipline
.and order at the sitc. Except in connection with the safcty pr
protection of person.! or the Worle or property at the: site or
adjaC4nl (hereto, and excepras otherwi.!c indicatcd in the
. Contract Documents, all Worle at the site shall be perlonned
durini reiular working hours. and CONTRACTOR will not
. permit overtime worle or the performance of Work on Sat.
urday. Sunday or any legal holiday without OWNER'swrit-
ten consent g.iven after prior written notice 10 ENGINEER.
6.4. Unlc3S otherwise specitied in the General Require-
ments. CONTRACTOR shall furnish and assume full respon.
sibility for all materials. equipment, labor, transportation.
construction equipment and machinery. tools. app[iances.
fuel. power. light. heat. telephone. waler. sanitary facilitics.
temponry ra.cilities and all other facilities and incidentals
ncccS!ary for the furnishing; performance:. testing. start.up
and.comp1etiOri of the Worle. .
.;.-'
6..5. All materials a.nd equipment shall be of good quali11
and new, except as otherwise provided in the Contract Doc.
llments. If required byENGlNEER. CONTRACTOR shall
furnish satisfactory evidence (including repom of required
!esu) as.to the kind and quality of ma.terials and equipment.
All materials and equipment shall be applied. installed. corio
nected. erected. used. cleaned and conditioned in accordance
with the instnlctions of the applicable Supplier except as
OlheJ"\lr'ise provided in the Contract Documents: but no pro-
vision of any such insll1.lcdons will be effective to assign to
ENGINEER...or any of ENGINEER's co.nsultanu. agents or
employees. any duty or authority to supervise or direct the
furnishing or performance of the Work or any dutyor author.
ity to undcnake: responsibility contn.ry to the provisions of
paragraph 9JS or 9.16.
A.djiunng Prorrts: Scht.duu:
6.6. CONTRACTOR shall submit [0 ENGINEER for
acce:ptance (to the extent indicated ill paragraph 1.9) a.djust.
ments in the progress schedule [0 reftcct the imPact thereon
of. new dev~lopments; these win conforrn generally to the
progress schedule then in effect and additionally will" comply
witll any provisions of the General Requirements applicable
thereto.
. SubstUU:.s or "Or.Equal" Itflns:
6.7. I. Whenever materials or equipment arc specified
or described in the Conlract Documents by.us!n. the name
. of a propnctarr item or the name ofa particular Supplier
the naming of the item is intended [0 esiablbh the typc,
function a.nd qualiTY required. Unless the name is fonowed
by words indicating thac no sub'stitutlon is permined.
matcnals.orequipmcnt of otherS up pliers may be accepted
by ENGINEER if .sufficient informatlon. is submitted by
CONTRAcrOR. to allow ENGINEER to. determine that
lhe materiai-orequipmenl proposed is equivalent or equal
[0 that named. Thqroccdure for review by ENGiNEE~
will include the rollowinll as supplemented in the GcneraJ
Requirement3. Reqoestsfor review of substitute items of
material and equipment will not be accepted by ENGI.
NEER from anyoneothi;r than ~ONTRACTOR. 'IrCON-
TRACTOR wishes to furnish or use a substitute .item of
material or equipment. CONTRACTOR shall make writ.
ten application to ENGINEER. for acceptance Ihereor.
certifying that the prl?posed substitute will perform ade.
. quately the functions and achieve Ihe resuJuca/led for by
the general design. be similar and of equal substance to
that specified and be 'suited 10 the same use as (hat spec.
'ified. The application will state that the.eyalualionand
acceptance of the proposed sub,nitute will not prejudice
CONTRACTO R' 5 achievement of Substantial Complc'
tion on time, whether or not acceptance of th.e substitute
for use in the Work will require a change in any of the
Contract Documents (or in the provisions of any. 'olher
direct contract with OWNER for work on the Project) to.
adapt the design to the proposed substitute and whethcr
or not incorporation or use of the substitute in connection
with the Work is subject to payment. of any license fee or
14
royalty. All variations orlhe proposed subHitule from that
. specified will be iden[jReu in {he upplicotion and available .
mainrenance. repuir and replacement service will be indi- .
caled. The'applicalion wi!1 ulso con rain an jtemized esti-'
mntc of ull COSH [hat will resu'l~irecdy urindirec[jy from
:Icceptance of such subslicu[e. including CO~(s of redesign
and claims uf.uther con[mc[or.~ uffec[ed by [he resul[ing
change. all of which shall be considered by ENGIN EER
in evtlluuting [he propos~cl .~ubs[i[ule. ENG[NEER ma>'
require CONTRACTOR co furnish u[ CONTRACTOR's
expen.~e :Iddirionol daln about the proposed sub,~ti{U[e.
6.7.2. If a specific mc~ns. methou. technique. sequence
or procedure ofconstrucrion is indicaced in or required by
lhe Contract Documents. CONTRACTORmav furnish or
u[ilize a substitute ~ellns. method.' seq uence: cechniq ue
or procedure of construcrion ilcceptnble to ENGINEER.
jf CONTRACTOR submits sufficient information ,to allow
ENGINEER to determine th.att/lc :lUbsc;tute proposed is
equivalent 10 thac indic:lIed or re.quired by the Contract
Documents. The procedure for review by E:-,rGINEER
will be similar to that prC\liul:d in plll1lgruph 6. '1.1:15 applied
by ENGINEER and llS mllY be supplemented in theGen-
eral Requirements. '
6.7.3. E:-IGINEER will be allowed n reasonable tim~'
within which to evnlUlltc each propo~cd sUbHitUle. ENGl-
. NEER will b~ the sole judge of llccep'tability. nnd no
subscitute will be ordered. instalIed or utilized without
ENGrNEER's prior written acceptance which will be evi-
denced by o:ither a Change Order or on a.pprovcd Shop
Drawing. OWNER may require CONTRAC'rORto fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to anv substitUle.
ENGINEER will record time required .bYENGINEER
and ENGINEER's consultants in evaluating substitutions
proposed by CONTRACTOR und in making changes in
the Contncr Documents occasioned thereby. Whecher Or
not ENGfNEER accepts ~ proposed subsri.tUte. CON-
TRACTOR shnll reimburse OWNER ((1'r the: charlles of
ENGINEER and ENGINEER's consulcants [orevalUlll-
inS each proposed 'substituce:.
COl1ctrllilJg Su.bconrractors. Suppliers and OthtrI:
6.8.1. CONTRACTOR shall not employ anr Subcon-
. tractor. Supplier or other person or.organizlltion (including
those uccepc'able co OWNER :lnd ENGINEER as indi-
cated in purugrnpn 6.8.21. whether initiully Of' ~s II ~ubsti.
ture. :Igains[ whom OWNER or ENGIN'EER may nl1\'':
reasonable objection. CONTRACTOR shall noc be requiri:d
to employ any Subcontraclor. Supplier or oth~r person llr
orgnniZlltiun to furnish or pert'orm any of the Wurk against
whom CONTRACTOR has reasonnb/~ objectk1n.
6.g,~. If the SupplemencClry Condicions require th~
id~nri[y Ofct!rtllin Subcontrnctor~. Suppliers or other per-
sons or organizations Iinclu<.Jing [hose who ore [0 furnish
Ihe principnl irems ofmllterials anti cquipmen[) It) be suh-
min~t! (0 OWN ER in ndvunce of [he specified Jale priur
to the Effc:ccive Dut~ of the ,",greemt:nt for aCl:~pwnct! by
...... .
OWNER nndENGINEER and if CONTRACTOR has
submitted a lisr thereof in uccordance with the Suppl~.
mentary Conditions. OWNER's or ENGfN EER's acctpt.
ance (ei~.her in writing or bY faili og to make written objec.
fion thereto by the uD,teindicnctd for acceptance orobjec.,
lion in the bidding documents or lhc Contract Documents,
of any SUch Subcontractor. Supplier or other person or
orgllniz8[ion so identified may be revoked on the basil of
reasonable objection aCcerdue investigation. in which case
CON.TRACTOR shall submit an ncce ptab!e subslittiie.lhe
Contr~cc Price will lie incrensed by the ditTerence in Ihe .
cost occasioned by such substitution and an appropriLle
Change Order will be issued or Written Amendment signed.
'.No acceptllnce by OWNER or ENG lN EERoe :lny such -
Subcontr:lctor. Supplier or other penon or organization
shal! consticute a waiver oEany right ofO W.NER or ENGI.
NEER to reject dej"tt'lil.t Work. .
6.9. CONTRACTOR shall be fully responsible to OWNER
. and ENGlNEER fur all acts ilnd omissions of tne Subcon-.
tractors. Supplfers. and oth'er persons and org~njzalions per-
forming or furnishing any oC the Work under a direct or
indirec.t corurnct with CONTRACTOR just a.s CON.TRAC~
TOR is responsible for CONTRACTOR"sown acts lIndomis-
sion5. Nothing,in the Contract Documents shall'create any
contractual relationship between OWNER or ENGINEER
and any such Subcontrllctor. Supplier or olher person or
organization. nor shall it create any obligation on the part of
OWNER or EN9INEER to pay orto jee to the paymentof
any moneys due any such Subcontractor. Supplier or olher
person or organization except as may olherwise be required.
by Laws ~nd Regulations.
6.10. The divisions and sections of lhe Speciliclllio~s and
che identifications of nny Drawings shaH not c'ontrol CON-
TRACTOR in dividing' the Work nmong Subcontractors or '
Suppliers or delineating the Work co be performed by llny
specinc crude.
6.1 i. All Work performed for CONTRACTOR bv a Sub-
contrac'[or will be pursuant to nn appropriate' ag;eement
between CONTRACTOR /lnd the Subcontractor which spe-
cificallY binds [he Subconcraclor [0 (he applicabli: terms and
conditions uf the Contract Oocumenu (or the benefit o(
OWNER and ENGINEER and contains Ivaiver provisions
as required by pamgrnph 5.11. CONTRACTO Rshall pay
e:ich Subcontractor n JUSt shnre of. nllY insurance moneys
received by CONTRACTOR on accounl of losses under pol-
icies issued pursuunc to paragraphs 5.6 and 5.7.
!'aflnt Fus and Royaltres:
6.12. CONTRACTOR shojI pay all license fees :1nd roy-
alties :lnd ussumenfl com incident to lhe Use in {he perfor-
mance of the Work or tht: incorporarion in Ihe Work ot' any
inv~ntiL)n. de~ign, proce~s. product or ~evice which is the
subject of patent rights ur copyrighls held by olhers. If a
pt\rlicu/Ar invenrion. de~ign. process, product or device is
specified in (he Contracc Documents for us!: in the perfor-
mance arthe Work lInd ifru [he actuul know/eu!:!!: of OWNER
15
or ENGINEER. its use is subject to patent rii!tts or copyrights
c.alling for the payment o{any license fee or royaJ~y to others.
\he c.\istence o( such riihtS sball be disclosed by OWNER in
the Contract Documents. CONTRACTOR shaJJ indemnify
and hofdharmJess OWNER and ENGINEER. and anyone
directly or indirectly employed by eimer of them {rom and
apinst all claims, dama.se~. losses and apenses (including
anomeys' lees and coun and ubittation casu) arising out o(
. any infringement o( patent ri~t$ or copyrights incident to
the use inttie performance of lbe Work orresulting from the
incorporation in the Work of any inv~ntion. design, process.
product or device not specified in the Con!nct Documents.
and shaJ.1 defend all such claims in connection with al1Y alleged
infringement of such rights.
Ptrmiu:
6.13. Unless otherwise provided in the Supplementary
Conditions. CONTRACTOR shall obwn andpay for all con-
. slJ'Uction penniu a.nd licenses. OWNER s/lall assist CON-
TRACTOR. when necessary; in obUl.ining such pennits and
licenses. CONTRACTOR shall pay aU governmental charges
and inspection fees ncc~ssary for the pro~c:tllion of the Work.
which are applicable atthc time of opening of Bids, or if there
arc no Bids on the Effective Date of thcHAgreement. CON-
TRACTOR shall pay all charges. of utility owners for con-
nections'to the Work. lOd OWNER shall pay all charges of
such utility owners for capital costs related thereto such l!-S.
. plll1t investment fees.
UJ.WI and Regulations:
6.14.!. CONTRACTOR shall give' a..ll notices and
comply with all Laws and Regulations applicable to fur.
nishing and performa.nce of [he Work. Except whereoth.
erwise expressly required by applicable Laws and Regu-
lations. neither OWNER nor ENGINE:ERshall be respon-
sible for monicorini CONTRACTOR's compliance with
MY Laws or Regulations.
6.l4.2. .1f CONTRACFOR observes that thc= Speciti-
cilions or Drawi,ngs are at vaiiancc with any Laws or
Regulations. CONTRACTOR shall give BNGINEER
p~ompt written notice thereof. and any necessary changes
Will be auchorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
. knOWing or having reason Co k.now that .it is contrary to
Juch Laws or Regulations. and without such notice to
, ENGINEER. CONTRACTOR shaJL bear all COStS arising
therefrom: however. it shali noc be CONTRACTOR's pri.
mary responsibility to make certain that the Specifications
and Drawirig.5 are in accordance with such Laws and
Regulations. , . '
T a:t t!.'
6.15. CONTRACTOR shall pay all sales. consumer. use
an d o~her similar taxes required to be .paid by CONTRAC-
TOR In accordance with the Laws and Regulationso{ the
place of the Project which are applicable during the perfor.
mance of the Work.
UII of Prtmiur:
6.16. CONTRACTOR shall confine constJ"Uction equip.
ment. the storage of materials and equipment and the oper-
ations of worlc~rs to the Project site and land and areas iden..
tified in and pennittcd by the Contract Documents and other
land and areas pennitted by Laws and Reguhitions.. riibts.
of-way. permits and easements. and shall not unre~sonably
encumber the premises with consrruction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibilicy (or any damage to any sucb land or area. or to
the owncit or occupant thereof oro{ any land or ~eas conug.
uous thereto. resulting from the pcrfonnanc: of the Wort.
Should any claim be made againn OWNER or ~NGlN:EER
by any such owner or oc~upant because of the perfonnance
o(the Work, CONTRACTOR shall promptly attemj)t to settle
with such other party by a.greement or otllerwis= resolve the
claim by arbitration or at law. CONTRA.CiOR ihaJI. to the
fullest extent permitted by Laws and RCiulatlons. indemnify
and hold OWNER and ENGINEER'bamuess ,from and apinst
aU claims. damages. losses and expenscs rindud!ns.liuL'noc
limited to, fees of engineers. architects. attorneys aiid oth~r
profC$sionals and COUrt and arbitntion costs) arisins directly,
indirectly or consequerltially out of u,y action. legal or equi.
cable. brought by any such cchel' pany a.p.iD5t OWNER or
ENGINEER to the extent based on a claim arising out ol
CONTRAqOR's performance oflhe Worle.
6.17. During the progress of the Work. CONTRACTOR
sha:l1 keep the premises free from a.ccllmulwons 'of Waste
materials. rubbish and other debrisresu lling {rom tbe Work.
At the completion of the Work CONTRACTOR shall remove
all waste malena.1s. nibbish and debris !rom and about the'
premises as weil as all tools. appliances... construction equip-,
ment .and machinery. and surplus materiaJs; and shall leave
the site dean alld ready (or occupancy byOWNER. CON-
TRACTOR shall restore to anginal condition all property not
designated {or alLeration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any mann er that will endanger
" [he structure. nor shaJl CONTRACTOR. subjecl any pan of
the Work or adjacent property to itresses or pressures that
will endanger it.
RICOrd DOCUtnltUS:
6.19. CONTRACTOR shall maintain in a safe place at
the sice one record copy of all Drawing~. Specifications.
Addenda. Written Amendments. Change Orders. Work
Directive Changes, Field Ord~rs and written interpretations
a.nd.clariticatjon~ (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 counterpan of all approved Shop Drawinss
will be available to ENGINEER {or reference, Upon com-
f6
plelion of rile Work. lhese record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
Sa/try Gild Pro(tcliDII:
6.10. CONTRACTO R shall ben:sponsible {or initiating.
maintaining and supervising all safety precautions and pro.
grams in connecrion with. the Work. CONTRACTOR shall
lakc all.necessary precaulions for Ihe safety of. and shall
provide the necessary protection 10 prevent damage. injury
or 105510:
6.~O.I. all employees on the Work an.d other persons
and organizations who may be atTected thereby:
, 6.20.2. all rhe Work and materials and equipment to
be incorporated therein. wh.ether in storage on or at! the
site: nnd
6.20.3. olher property at Ihe si{cor adjacent rherelo.
including trees. shrubs. lawns. walks. pavements. road.
ways: structu.res. IHilities and Underground Facilities not
designated for removal. relocation or replacemenr in the
course o( constn!c[ion.
CONTRACTOR shall comply with all applicnble Laws and
Regulations of any public body having jurisdiction for rhc
safety o{ persons orpropeny or [0 pro[ectthem from damage.
injury or loss; and shall erect and maintain all necessary
safeguards for such safety llndproeection. CONTRACTOR
shaH notify owners of adjacent property and of Underground
FaciJities and urility owners when prosecution of ehe Work
may affect. them. and shall cooperate with them in ehe pro.
tection. removal. relocation nnd replacement of [heir prop- .
.. eny. All damagc. injury or loss [0 any property referred [0 .
in par:jgmph 6.~O..2 or 6,:!O.J cDused. directly orindirecfly.
in whole or in pon. by CONTRACTOR. any Subconet'llctor.
Sup.pli~r or any othcr person or organization directly or indi.
rectly employed by any ofthem fa perform or (urnish any of
the Work or anyone for whose ncts any of them mo.y,bc liable.
shall be remeaied by CONTRACTOR (e:<cepe damage or loss
attributable to {he fault of Drawings or SpecificatJons or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of the.m or anyone for whose acts either
of them may be liable. and noe amibutable.din:ctly or indi.
rectI}'. in whole or in part. to the fault or negligence of CON-
. TR.",CTOR)~ CONTRACTOR's duties and responsibilities
(or th~sart:tr nnd proteclion of lhe Work shaH continue until
such ljm~ us ulllhe Work is completed .and ENGI~EER has
. issu<:d n nOlice to OWNER unu CONTRACTOR in uccord.
anc.: Withpumgraph 14:13 thauht: Work is tlcceptabl.: lexC'ept
as oth~rwise e....press!y proviueu in connection \\'ith Substan-
rial Comptt:tj!)n).
6.~ I. CONTRACTOR shull designate 0. responsible rep.
resent:Hivt: at Ihe sice who!ic dUty shull be the pr~\'t:ntion 1)(
accitlents. This pt:rson shuH be CONTRACTOR's 5uperin-
lenut:nt unless olherwise uesiunaled iri writing by C()~.
TRA.CTOR to OWNER. ~
, ':~...
Emtrgtncles,'
.
6.2~. In emergencies affecting the safety or protection of
persons or the Work or propertY::lt the site or adjllcent thereto.
CONTRAcrOR. without special instruction or authorization
from ENGINEER or OWNER. is obligaled [0 ac.tlo prevent
. threatened damage. injury or loss. CO NTRACTO R shall ~ve
ENGINEER prompt written noticeifCON'TRAC10R believes
that llny .iignincllnt changes in the Work or variations from
the 'Contract Documents have beencaulIed Ihereby. IfENGI-
NEER dctermines chac a change in (he Contruct Documents
is required because of the aClio~ laken in response to an
emergency, a War\( Directive Change or Chnngc Order will
be issued to document the consequences or the changes or.
variations.
Shop Drawings and SarripllS: .
6.13. After chccking and verifying al.l field measurcments
and after complying wich applicalrl c procedures specified in
the General Requiremencs. CONTEAcrOR shall submit 10
ENGINEER for review and apprOI'll in accQ'r.dance with tltc
acccpted schedule of Shop Drawing submissions tsee pllla-'
graph ':.9). or for .other approprinleaction if iO indicated in
the Supplementary Conditions. five copies (unless otherwise
specified in the General Requirements J or all Shop Draw;".s..
which will bear a starn? or. spcc.jfic wri[tcn indication that.
CONTRACTOR has satisficd CONTRACTOR's, responsi-
bilicic:s undcr che Contract Documents ~ith rcspect co (he
review of the submission. All subm.issions will be identilied
as ENGINEER may require. The data shown on che Shop
Drawings wiH be cO.mplcte with respect to quanticies. dimen.
sions. specified perfonnance and design .crite.ria. mote rials
and similar daca to enable ENGINEER 10 review the infor-
mation as requircd.
6.14. CONTRACTOR shall also submic to ENG.INEER
for review and approval wilh such promplness i1S Zo ClIUJe
no delay in Work. all samples rcquired by the Contt'llct Doc.
uments. AI( samples will have been chccked by and accom.
panied by a specific written indicclion that CONTRACTOR
has satisfied CONTRACTOR's rcsponsibili[ies under the
. Contract Documenrs wieh respect to the review of the sub.
mission nnd will be idcnrified clearly cs 10 miueriol. S4pplier.
pertinent dara such ns cccalognumbers and the use for\vhich
intended. .
6.25.1. Before submission of each Shop Drawing or
sample CONTRACTOR shall hove derermined llnd veri-.
fled all quantici~s. dimensions. speeiRed performance cri.
terin. installation requirements. materials. carnlog num.
bers nnd siC!lilur data wil h respec [ thercto and reviewed
or coordinateu .:uch Shop Drawing or sllmple with other
Shop Drawings llnd samples and \vieh the requirements of
the Work and (he Contracl Documents.
6.25.2. At the cimeof each submission, CONTRAC.
TOR shuH give ENG INEER spedlic IVritten notice ofench
variation rhac lhe Shop Drawings or ~umples may have
from (he requirements uf theCllntracrDocuments. :Jnd.
in addit ion. shilll cause :1 specific no!ation ro be mud:: on
17
each Shop Drawing submitted [0 ENGINEER (or review
and appro val of each such va.riation.
6.26. ENGINEER wUI re,view 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 informacion given iri lhe Contract Documents and
shall not c.>;tend to means. methods. techniques. sequences
or procedures of con~truction (excep[ where a specific: means.
method, technique. sCGuence or procedure Of construction is
indicated in or required by Ihe Conlra.CI Documents) or to
safety precautions or programs incidenl thereto. The review
and a.pproval o( a separate item as such will not indicate
approval of the assembly in which the (tem functions. CON.
TRACTOR shall malee corrections required by ENGINEER.
.atld shalLreturn the required number of corrected copies of
Shop Dra.wings and submit is required new $affiplcs for re'View
l1Id approval. CONTRACTOR shall direct specific attention
in writing to revi,ions other than the corrections called (or
by ENGINEER. on previoussubci.ittals.
6.27. ENGINEER.'s review and approval of Shop Draw-
. iogs or samples shall not relieve CONTRACTOR from.'
mponslbUity for any variation from the requirementS of the
Contract Document! unless CONTRACTOR has in writing
called ENGINEER's anenlion to each such varia.tion at the
time of sUbmi3.sion as required by pangraph6.:!5.:! ~d
ENGtNEER has given wrinen approval of each such varia.-
tion by a specific written notation thereof incorporated in or
accompanyins the Shop Drawing or sample approval; tior
willlillY approval by ENGINEER relieve CONTRACTOR
from responsibility for erronor omisswns in. the Shop Draw.
inls or from responsibility for having complied witl1the pro-
visions of paragraph 6.15.1:
6.18. Where a Shop Drawing or sample is required by the
Specifications. any related Work performed prior to ENGI-
N EER' oS review and approval ofthepertinenl submis sion wiu
be the sole expense and responsibility of CONTRACTOR.
ContinUing t.lt6 Work:
6.29. CONTRACTOR.!hall carry on the Work and adhere
to. the progress schedule during all disputes or disagreements
Wl1h OWNER. No Work shalI be delayed or postponed pend-
ing resolUtion of any disputes or disagreements. excepJ as
permitted by paragraph j.5..s or as CONTRACTOR and
OWNER may otherwise agree in writing.
I tuUm nijica.tio ff:
~~30. To the rulJest extent pennitted by Laws and Regu-
lation! CONTRACTOR shall indemnify and' hold harmless
OWNER and ENGINf;ER and their consultants. agents and
employees (rom and agalcut all claims, dam.ages, losses and
~x~nse:!. direct. indirect or consequential (inCluding but not
ltmlted to fees and cl1aJ'ies of enpneers. architects. atcameys
and other professionals and COUlL and arbitration costs) aris-
ing out of or resulting from the performance of the Work.
..;:".
provided that any such. c1aini.damage. ioss or expense (al b
attributable to bodily injury. sickness. dinll-Se or death. orlc
.. injury to or destruction of tangible pro~rtY lother than the
Wor~ itself) inClUding the loss ofu!e resulting therefrom and
(b) is caused in whole or in part by any negligent act or
.omission of CONTRACTOR. any Subcon~ctor. any person
or orp.niuticn directly or indirectly employed by any o(them
10 perform or'furnish any of the Work or anyone for whose
acts any of them may be liable. regardleS! of whether or not
it is caused in part by a pany indemnitied hereunder or arises
by or is imposed by Law and Regulations regardless of the
neiliience of any suchpany.
6.3 I. In any and all claims apinst OWNER or ENGI.
NEER or any of their consultants, agents or ~mploy.ees. by
any employee of CONTRACTOR, l11Y Subcontractor. any
person or orp.niz.ation directJyor indirectly employed by lUly
of them to pcrfonn or furnish any pf the Worx or anyone for
whose acts any of them may be liable. the indemnification
obliglltion under paragraph 6.30 shill noe be limited in any
way by any Iiinitad~n on the am'ount or type 1lf damages, .
compensation or benetits payable by or {or CONTRACTOR
or &ny such Subcontractor or olher penon or organization
under worlc.en' or workmen's compensation lCU, disabillty
benefit aeu or other empl~yee benefit acts.
6.32. Theobligalions of CONTRACTOR under para.
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultailts, agent.! or employees arising OUt
. of the preparation or approval of maps, drawings; opinions.
reporu. surveys. Change Orden. desigru or specifications.
ARTICLE 1-OTHER WORK
R,i4ua Work aJ. SUf:
1.1. OWNER may perform otherwork.related lathe Proj-
ect at the site by OWNER~s own (orces. nave other work
. performed by utility ownen orlet olherdirect contraCts therefor
wltic:h shall coiltain General Conditions simIlar te these. If
the fact that such other work is to be performed was not noted
in the <;:ontract Documents. written notice lhereQf will be
given to CONTRACJ'OR prior 10 starting any sue-It .Qthcr
wod:; and. if CONTRACTOR believe3thal such perfor-
mance will involve additional expense ro CONTRA,CTOR or
requires additional time and the parries .are unable [0 agree
as [0 the extent thereof, CONTRAcrOR may make a claJm
therefor as provided in Articles II and [2.-
7.2. -CONTRACTOR shall atfoTd each utility owner and
otner contractor who is a pany to such a direct contract (or
OWNER; if OWNER is performing the additionallVork with
. OWNER's employees) proper and sale access ro rhe siee and
a reasonable opportunity. Cor the introduction and storage of
materials and equipment and the execution of such werk, and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fin:ing and paeching of
rhe Work that may be required to make its severaJ pms come
togethc:r.properlyand integrate with such other work. CON.
18
TRACTOR shall nOl endanger' any work of others by cUlting.
e;<cavatins' or olherwise aile ring [heir work ond will only cut
or alter their work with the writlen conscnt o(ENGIN EER.
and [he others whose workwjJf be affecred, The uuties and
res'pon~ibili[ies of CONTRACTOR under this paragrl!phare
ror the benefit or such utility owners and olhenontractors
[0 the extent that lhere are comparable provisions for the.
benefil of CONTRACTOR in said direct conlrilcts belween
OWN ER and such u[ility owners and ocher contrac[ors..
7.J. lfany part or CONTRACTOR's Work depends for
proper execution or results upon lhe work of nny such olher
COnlrnC[Or or ulili[y owner (or OWNERi. .CO~TRACTOR
shaJl inspect and promplly reporllo ENGINEER in writing
any delays. defects or delkienciesin such work that render
It unavailable or unsuitable for such proper e.'(ecu[ion and
rcsulls. CONTRACTOR's failure so [0 report will cOnstitule
all acceplance otelle ocher work as lit and proper for iorcgra-
lion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in tbc other work.
CoordirraJion:
'7.4. If OWNER contracts with otners for [he perfor-
mance of other work on [he Project at tbe site. [he person or
organizati-on who will have authority and re~ponsibility'.for
coordination of the activities among [he variousprirne con-
tractors' will be identified in the.Supplementary C,ondition.s.
and the specific matters 10 be covered by such authority and
responsibility will be itemized. and [he extent of such author-
ity and responsibilities will be provided. in [he Supplementary
Conditions. V nlds otherwise provided in the Supplementary
Conditions. neither OWNER nor ENGINEER shall have any
aUlhority or responsibility in respect of"such coordination.
ARTICLE S-:-OWNER'S RESPONSIB IUTIES
8.1. OWNERshaJJls.5ue all communications [0 CON-
TRACT9R throl.!gh ENGINEER. .
8.~. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes nei rea'sonable objecEion. whose sla-
tus under the ConcractDocuments shall be that of the former
ENOINEER, Any dispuce in connection with such appoint-
ment shall be subject [0 arbitnuion.
8,). OWNER shall furnish [he data required of OWNER
. under the CUntracl Documents promptly and shall make pny-
ments 10 CONTRACTOR prampdy after lhey are .due o.s
provided in pnragraphs 14.4 and 14.13. - .
8.4. OWNER's duties in respect o(providing lands and
easements nnd providing engineering surveys to es[ablish
reference points ore set forth in paragraphs 4.1 nnd ~,4. PUrLt-
. gl1lph .J,:! refers 10 OWN ER ~s identifying nntl making avail-
able to CO NTRACTOR copies of reports of cxplorationsand
lests of sub.~urt'nce conuitions ot the site and in existing strut-
"........
. lures which have been ulilized by ENG!NE~R in preparing
the Drawings and Specifications.
8.5. OWNER's responsibililies in respect of purchasing
and maintaining liability ll'nd property insurance are set forth
in paragraphs 5.5 through 5,8. '
8.6. . OWNER is obligated 10 e:cecute Change Orderns
indica[cd in paragraph 10.4.
_ 8.7. OWN ER's responsibility in respect of ccmin
inspections. tests and approvals is set forth in paragr.nph 13.4.
8.8. In conneclion with OWNER's right to stop Work or
suspend Work. see pnrugraphsl).lO and 1';.1. Paragraph Ij,2
deals Wilh OWNER's right to terminate scrvices of, CON-
TRACTOR under certain circumstances. '
ARTICLE 9-ENGINEER'S STAfUS DURING
CONSTRUCTION. ;;.
Ownlr'! Rlprerentative:
9.1. ENGINEER will be OWNER's representativedur-
inS' the construction period. The du iiel and responsibilities.
and the limitations of authority of ENG INE EX as OWN.ER's
representative during construction 'are set forth in the Con-
tract Documen'ts and shall nOl be extended without written
consent o(OWNER and ENGINEER.
Visits 10 Sit,:
9.2. ENGINEER.will make visit~ [0 ihe .site at iniervals
nppropriate to the various slages of construction 10 observe
the progress and quality of [he executed Wor~ and to deter.
mine. in general. if the Work is proceer;lins. in accordnnce
with toe Contract Documents. ENGINEER will not be.required
to make e,'(hausdvc or continuous on-sitc inspections 10. check
Ihe quality. or quantity oC [he Work. ENGINEER's effortS
will be direcled loward providing tor OWNERagrea[cr degree
of confidence that lhe completed Work will conform to the
Contract Documents. On the .basis of such visics and on-site
. .
observations pos an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed of the: prog.
ress of the Work and will endeavor to ward OWNER. :uainst
defects and deficiencies in the Work. - . -
Proj8ct RIPrtS"lIation:
9.3. If OWNER and ENGINEER agree. ENGINEER
\Viii furnish a Resident Projecl Represenuuive [0 Qssi~t
ENGINEER in. observing [he pcrfonnance o{the Work, The
duties. responsibilities and limitations of authority uf tiny
such Resident Project Representative and assistants will be
llS provided in the Supplementary Conditions. If OWNER
designnles another ugent [0 represenl.OWN ER at tht: site
who is not ENGINEER's agent or cmployee. the duties.
responsibilities and limitlltions of tlulhorilY of such other
person will be ns provided in the Supplementary Conditions.
19
Clarifi catW/'tJ an.d.lllUrprttati.oru:
9.4. EN GrNEER wiii iJ:!Iuc: with relUonabJe promptness
such wrinen clarifications or inrclllretations of the require".
menlS of the Contnct Documents (in the fonno! Drawing!
. or oUler'NiJc) 3j ENGINEER may determine necessary.. which
shail be cOMbtenr with or reasonably inferable from the
overall intent of the Contract Documenc:!I.1fCONTRACTOR
"believes that a written clUilicuion or interpretation jusdfies
an increase (n the Contract Price or an eictension of the
Contract Time and the parties are unable to agree to the
amount or extent thereof. CONTRACTOR may make II claim
therefor 3.:!1 provided in Article II or Article 11.
A. UllJoriuJ Yari.lzJUJlIJ iti W or.l::
9.5. ENGINEER may authorite minor variations in the
Work from the requirements oftheCona-act Documents which
do not involve an ufju.stment in the Contract. Price or the
Contract Time and are consisteiH with the overall intent of
the Contra.ct Documents. These may be accomplished by a
Field Order and will be bindinl on OwNER. and also on
CONTRACTOR who shall perfonn the Worle involved
prompdy. l! CONTRACTOR believes that a Field Order
justifies an increa..se in the Contract Price or an e:tten.sion of
the COllCract Time and" the parties arc unable: to agree a.s to
the amount or ext.ent ther~i. CONTRACTOR may make a.
claim therefor aJ provided in Article: I! or 12.
R.ejwi.nr Dtl'cti'l~ Work.:
9.6. ENGINEER wJU ha...e authority to di.sapprovc or
reject Work whicll ENGINEER believes to be d~ftcrivt. and
will also have authority to require special inspecrionor" testinB
of the Work a.s provided in ]lll!'agraph 13.9, whether or not
the Work is fabricated. installed or completed.
'.
ShDp Drawings, CJuUJg, O,.rJ4rr a.rui Payments:
9.1. Cn connection with ENGINEER's responsibility for
Shop DraWings and samples. see para~phs 6.13 through
. 6.29 inclusive,
9.8. In connection Wilh ENGINEER's rcsponJibililies as
to Change Orde~. s~e Micle! 10. 11 and 11.
9.9, In connection with ENGINEER's responsibililies in
respeel of Applications for Paymenl. etc.. s~e Article 14.
D~l'rmilllUlonl {Dr {/nu"Prkl1:
"9.10. ENGINEER will determine the actual quantities
and classi1icalions of Unit Price Work pertonned by CON-
TRACTOR. ENGINEER will review with CONTRAcrOR
ENGINEER's preliminary detenninalions on such matters
bef~re rendering a written decision ihereon (by recommcn-
daUon of an Application [or Payment or otherwisel. ENGI.
NEER.'s written decisiOn! thereon will be /inai and binding
, UJ>on OWNER and CONTRACTOR, unless. within ten days
after the date of any such decision. eIther OWNER or CON-
TRACTOR delivers to the other party to the Agreemenl and
':/'. .
to ENOIN~ER IVTitten notice of intention to appeal frOIl!
such a decision.
D,ci.ri.oru on Dispwt!.'
9,11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claim!. disputes -and
olher matters relating to the acceptability of the Work ()r the
interprela.tion of the requirements oftheConcr:act Documents
pCl1aining to the performance and fumishing of the Work and
claims under Articles II and 12 in respect of changes in the
ContraCt Price or Concr-act Time will be referred initially to
ENGINEER in writinl with a request for a fonnaJ decision
in accordance with this paraSraph, wllich ENGINEER will
render in writing within a reuonable time'..Wrltien nOlice of
each such claim, dispute and other matter will be delinred
by the claimazu to ENOlliEER and tbe olher party te the
Agreement promptly (but in no eVent later than thirty days)
after the OCcurrence of tbe event giving ri,t tl1cretoi and
written sup"porting data will be ~ubml[tcd to ENOmEER an~
the other parey within sixty days after such occurrcnce unles!
ENG[NEER allows an additional period of time toa.sccrtain
more accurate data in suppor't of the claim. "
9.12. Wben func[i"ontng as interpreter and judgc under
paragraphS 9.10 and 9.11. ENGINEER will not show par.
tiality. to OWNER or CONTRACTOR 'and will na[ be. liable
in connecfion with any interpretation or decision rendered in
good faith in suchca.pa.eity. The rendering of a decuion'by
ENGINEER pursuant to parail4pbs 9.J 0 and 9. (lwithrespCct
to any such claim~disputt orocher m2tter (except any which
have beenwaivcd by the making or acccptanceof final pa.y.
ment as provided in paragnph 14.16) will be a condition
precedent to any exercise by OWNER or.CONTRActOR
of such righls or remedies a! either may"otheniw'ise havc under
the Contract DacumenlSorby Laws or Regulations in respect
of any such claim. dispute or other rnarter. "
LimiJ.ariJJ1U on ENGINEER,'sRIJparui.biliJill:.
9.13. Neilher ENGINEER's authori~y to act under chis
Article 9 or elsewhere in the Contract DocumentS nor any
decision made by ENGINEER in"load faith either io exercise
or not exercise :Such authority shall give rise Co any duty or
responsibi/ily of ENGINEER to CONTRACTOR. any Sub-
contractor, any Supplier. or any o[herpc::rson or organizalion
performing any o{ the Work. or [0 any surety for any ,of lhem.
9.14. Whenever in the (onlTaet Docurnenls the (erms "as
ordered", .. as directed". "as required", "as allowed". "i:!I
approved" or terms of like effect or impol1 arc used. or the
adjectives "rc3.:!Ionable", ~'$uitab/e". "acceptable", "proper'.'
or ".satisfactory" or adjectives of like effect or impon are
used to describe a requirement. direction. review or judllmenl
of .ENGINEER as to the Work, it is intended thll such
requirement. direction: review or judgment will be solely to
evaluate the Work [or compliance with the Contracl Docu.
ments (unless there is a ~pecific iitalerncnt indiaalins other-
wise). The use of any such lenn or adjective shall not be
20
effective [0 assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority Co undertake responsibility contrary
te the proYision~ ofpz.ragraph 9,15 or 9./6.
.9,\5. ENGfNEER will not be re3ponsible for eON-
TRACTOR's means, methods. techniques. sequences or pro-
cedures of corlSlruction, or the safety precautions nnd pro-
grams incident thereto. and ENGINEER will not be (l!spon'
sible for CONTRACTOR's failure co pe.rfonn or furnish the
Work in 'accordance with the Contract Documents.
9.16. ENGINEER will notbe responsible (or 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.
rO.l. WirhoutinvaHdacing t~e Agreement and without notice
to lny sure'Y. OWNER may. a.t any time or from time to
lime. order additions. deletions or revisions in the Work:
these will be authorized by i1 Written Amendmen.t: a Cha.nge
Order. or a Work Directive Change. Upon r~ceipt of any such
document. CONTRACTOR shail prompllyproceed with the
Work involved which will be performed under the applicable
conditions of (he Contract Documents (except as otherwise
specifically provided),
]O,~. If OWNER and CONTRACTOR are unable [0 agree
u to the' extent. if any, of an increase or decrease in the
Contract Price or an e:<tension or shortening of the Contr'llet
Time that should be allowed as a.result of a Work Directi~'e
Change. il claim may be made (h~refor as provided in Article
110r Article' I:!.
10.3. CONTRACTOR shall not be entitled ro an increase
in thc. Contract Price or an e:ttension of (he Contmcr Time
with rC3pect co any Work performed thllt is not required by
rhe Contract Documents as amended. modified alld supple-
mented n.s provided in parngraphs 3.4 and 3.5, e.'(cept in the
casc of an. emergency as provjded in paragraph 6.11 ond
r:.'(cept in the cnse of uncavering Worle as provided in parQ-
graph 13.9.. ,
lOA. OWNER and CONTF.ACTOR shall execute appro-
priAle Change Orders tor Written Amendmentsl covering:
IO.~,I, I;hang~s in (he Work which are ordered br
OWNER pursuant to pllragraph 10.1. :lre requirc=u beCllUS~
of o.cceptllnl:C of cil!frc'lil'~ Work under parngroph 13.13 or
corr~cting de//!el;l'/! Work under paragraph lJ.l.t or ar~
agreed 10 b~"lhe panic=s:
IO,~.l. I:hanqesin the Conlract Price or Cuntract Tim ~
which are ugrt:ed to by rhe purti~s: nnd
1004.3. ~hanges in.th e Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENOINEER pursuam [0 paragraph 9.11:
provided that. in lieu of executing any luch Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Concract Documents and applicable.
Laws and Regulations, but durin1 any such appeal. CON"-
TRACTOR shall carryon the Work Ilnd adhere [0 the prog-
ress schedule as provide~ in paragroph 6.29.
10.5. If notice of aiw changeatfecting the general scope
of the Work or the provisions of the Contract Documents
lincluding, but not Hmited to. Contl-act Price or Contract.
Time) is required by the provisions of any 80nd to be given
[0 a surety. the s(ving 0 f any such l\otice will be CON1RAC-
TOR's responsibility, and the amoun[ofeach applica?le Bond
will be adjusted accordingly.
ARTICLE (I-CHANGE OF CONTRACT BRICE
II. J. The Contract Price constitutes the tota! compen-
lation (subject to authorized adjustments) payable to CON-
. TRACTOR for performing the Work. All duties. responsibil-
ities and obligations assigned to or undertaken hy CON-
TR.-'\CTOR sholl be Ilt his expense without change in the
. Contract Price.
11.2. The Concract Price may 0 nly be changed by a Change
Order or by n Written Amendment. Any.cJaim for.ln.increllje
or decrease in the Contract 'Priceshall be based on written
notice delivered by the 'party making the claim to the other
party and co ENGINEER promptly (but.in no event later than
thirty days) after the occurrence of (heevei1t giving rise to
che claim and stating the generall1iture of the claim. NOlice .
of the a.mount of the claim with supporting data shall be
delivered within si:<ty days after such occurrence lunleSl
ENGINEER allows an additional period of time to ascertain
more accurate data. in support etthe claim) and !hall be .
. accompanied by claimant's written statement that the amount
claimed covers all known amounts {direct. indirect and con.
sequential} to which the claimant is entitled as a re!ulr of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor.
dance with paragraph 9.1/ it OWNER and CONTRACTO'R
cannot otherwise lllZree 011 rhe amount involved. No claim
for an adjustment i~ the Contract Price will be valid if no!
submitted in accordance with this parng'nph 11.1.
J 1.3. The value of any Work covered by a Change Order
or of any claim for nn incrense or decrease in the Contract
Price sholl be detennined in one of the following ways:
11.3,1. Where the Work inVOlved is covered by unit
prices contilined in the Cuntract Documents. by.applica.
tion of unit priccll to Ihe quantities of the ilems involved
(subject [0 [he provisions of paragrapl15 11.9.1. through
I!. 9.J. i nc1usi ve l.
11
11.3.2. By mUlual acceptance of a lump sum (wnich
may include an allow'ince for overhea.d and profit not.
nece~sarily in accordance with paragraph 11.6.1.1).
11.3.3. On the basis of the COSl of lhe W ark (delcr~
mined as provided in paragraphs 11.4 and 11.5J plu.s a
CONTRACTOR's Fee for overhead and profit (deler.
mined as provided in paragraphs 11.6 and J J. 7). .
COli of thl Wort.
Il. 4. The tenn Cost of rhe Work means the SUm of all
cosu nccmaJ"ily incurred and pajd by CONTRAcrOR in
the proper perfom1i1lce of the Work. Except as otherwise
may be agreed to in writing by OWNER. such COStS shall be
in a.mounu no higher than those prevailing in the locality of
the Project. shall include only lhe following items and shall
Ilotinclude any of the costs itemized in paragraph 11.5:
1/.4.1. Payroll costs for employee~ in the direct employ
o{CONTRACTORin lheperformance of the Work under
schedule.s of job classifica.tions agreed upon by OWNER
and CONTRACTOR. Payroll costS for employee3 not
employed ful! time on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll cons
shall include. but not be limited to, SalariC5 and wages
. plus !be 'costoC fringe benefit.s which shall include social
security contribUtions. unemployment. excise and payroll
taxes. workers' or workmen's compensation, health and.
retirement bellents, bonu3e3. sick leave. vacation and hol.
iday payappJicab[e thereto. Such employees shall include
superintendents and foremen at tbe site. The expense! o{
performing Werk after regular working hours. on Satur.
diY, Sunday or lepl holidays. shafl be included in the
above to the eXtent a.uthori%ed by. OWNER.
11..4.2, Cost of au materials and equipment furnished
and incorporated. in the Work. including costs of trans-
ponationandslora.icJhereof'. and Suppliers' field services'
required in connection therewith. All cash discounts sh.a.ll
accrue to CONTRACTOR unless OWNER depesits funds
with CONTRACTOR wirh which to make payments,'in
which ca.se [he cash discounts shall accrue to O\VNER.
All trade dL~co~nts, rebates lind refunds and all return!
from sale of surplus materials and eQuipment shail accrue
to OWNER. and CONTRACTOR shall make provisions
. so that they may be obtaJned.
J 1.4.3. PaymentS made by CONTRACTOR to the
. SubContraCtoN for Work performed by. Subcontractors.
If required by .OWNER. CONTRACTOR shall obtain
competitive bids from Subconlractors acceptable to CON-
TRACTOR and shall deliver such bids 10 OWNER who
will tnen determine. with the advice of-ENGINEER. which
bids will be accepted. If a subcontract provides that the
Subcontractor is 10 be paid on the basis of Cost of the
Work Plus a fee. the Subcontractor' 5 Cost of lhe: Work
shall be determined in Ihe same manner as CONTRAC-
TOR's COSt of the Work. All subcontracts shall be subject
22
to the olher provisions of lh e Con tract Documents insofar
a3 applicable.
!! .4.4. COstS of special cor.sultanulinclud1ng but not
limited to engineers. architects. (estin~ laboratories. su;-
veYON. anomeys and accountants) employed for services
specifically related (0 the Worx.
11.405. Supplemental com incJudinSlhe following:
11.4..5.1. The proportion of necessary transporta-
tion. travel and subsistence expenses oC CONTR.A.C-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.2.. . Cost. including transporUtion and main.
tenance. oC all materials. supplies. equipment: machin.
cry, applia.nces. office and temporary facilities at the
site and hand loots not owned by the workcl'S. which
arc consumed in the performance o[the Work. and cost
les! market value of such items u5ed but nc# consumed
wt1ic"h remain the propeny 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 reneal
lli1"cements approved by OWNER with the advice of
ENGINEER. lnd the costs of transpon:ation. loading,
,unloading. installation. dismanr1ingand removal
then:of-all. in accordance witn terms of said rental
aereemeT'lts. The rental of any such equipment, machin-
ery orparu shall cease when the use thereofis no longer
necessary for the Work.
11.4..5.4. . Sales; consumer. use or similar taxes
related to rhe Work. and for which CONTRAcrOR is
Hable. imposed by Laws and Regulations.
IIA..LS. Depo~its lost for causes Other than neg,li,
genee of CONTRACTOR. any Subcontractor or any-
one directly or indirectly employed by any of them or
(or whose acts any of them may be . liable. and royalty
payments and fees {or pennits and licenses.
11.4..L6. Losses and damages (and related
expenses). net compens8ced by insur-ance or olherwise,
to the Worle or. otherwise sustained by CONTRACTOR
in connection with (he performance and furnishini of
the Work (except fosses and damages within the
deductible amounts of property in~urance' established
by OWNER in accordance with paragraph 5.91. pro-'
vided they have resulled. from caUles other than the
negligence of CONTRACTOR. any Subcon~ctor. or
anyone directly or indirectly employed by any of them
or' (or whose a.cts any of them may be liable. Such
losses shall include seulemerm made with the written
consent and approval of OWNER. No such Josses,
damages and expenses shall be included in the Cost of
the Work ror lhe purpose of determining CONTRAC.
TOR's Fee. If. however. any such loss 0'" damage
requires reconstruction nod CONTRACTOR i~ placed
in chllrge .thereof. CONTR,~CTOR ~hnll be. paid for
services.a fer: proportionate larhat Sloted in pnragraph
i 1.6.2.
11.4.5.7. The co.~( of u(iliries. I'lJdand sanitary
fncilities at (h e sire.
11.-1.5.8. ;\Olinor e~penses such n.s teh:grams. long
dis(Q[1ce telephone c:Jlls, (elephone ser\'ice.ut the site,
e:<pressage and similar petly c:Jsh items in connection
with the Work, . .
11.-1.5.9, Cost of premiums for additional Bonds
and insuranCe requireu becuUliC: of changes in the Work
and premiums for property insurance coverage within
lhe limits of the deductiblE: amounts established by
OWNER in accordance with pllragl"1lph 5.9.
11.5. The term CO!t of the Work shaH not incJude anr of
the following:
(1.5.1. P:lyroll co.sts llnu other compenslliion 6fCON-
TR.A.CTOR's officers. e:<ecutives. principals (ot' ponner.
. ship and 501 e proprietorships 1.' geneml mnnagers; engi-
neers ,llrchitects. estimato rs . :morneys. auditors. nccoun.
tDnts. purchasing and contracting agcnts. e.'<pedilors.
timekeeper.s. clerks and ocher personnel employed by
CON1RACTOR whcther at the site or in CONTRAC-
TOR's principal or a branch office for genel"1l1 adminislra-
rion of the Work and not specifically included in theaireed
Upon schedule of job Classifications referred to in para-
graph 11.4.1 or sp.ecffically covered by paragraph I {.4.4-
aLl.of which are to be conSidered administrative com
covered by the CONTRACTOR's Fee.
11..5.:!. Expense.s (If CONTRACTOR's principal and
bnlnch officl:s other thnn CONTR.~CTOR's office .8t the
site.
11.5.3. Any pnrt ofCONTRACTOR's capital expenses,
inclUding interest on CONTRACTOR'S capital emplofcd
for the Work and charges against CONTRACTOR for
delinquent po.yments. .
11.5.4. COH of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required ~r
[he (ontruet Docum~nts to purchase und mtlinlain the
same (e:(cep[ (or rhe: aosi of premiums covered by sub-
panlgr<lph 1/ ..U.9 above!. .
11.5.5. Costs due to the negligence: of CONTRAC- .
TOR. any Subcontractor. or anyone l1irectly or indirectly
employed br any of l:t~m or for who.;e acts ,10Y of them
mo.,' be lil1t"~. in.:Jt.luinc bur not Iimitt:J to. th~ correcrion
of clt!Jc't ;il. \!:urk. Ji; pos;11 lIf mutt:riuls or ~quipC'l1en(
wrongly SLI, ~"i~.. ~ ""'liking guod any damtlge to prop-
eftr.
11..5.6. Other ovo::rheud or genernl expcn:;e costs uf
~ny kinc..l .1ml [he ellSCS of any item nOl ~pecitically nOli
~.xpre~sly indutJeu in puragraph II A.
'.....'..
CONTRACTOR's Fa:
11.6. The CONTRACTOR's Fee allowed to CONTRAC-
TOR for overheatl and profit shall be determined a~ follows:
11.6.1.' a mutUally acceptable fixed fee: or ifnone, can
be agreed upon.
[1.6.1. a fee based on (he following percenlages ofthe
various portions of the Cost of the Work:
11.6.2: I. for costS incurred under parogrophs 11.4.1
and '1I.,t~. the CONTRACTOR's. Fec shalt" betifteen
percent:
11.6,~.~. forcosts incurred underparagraphll.4.J.
tlie CONTRACTOR's Fee shall be ~ve 'pcrccill: and if
a subcontract is on .the basis of Co Sl cif the Work PIlIi
a Fee. (he maximum allowable 10 CONTRACTOR on
account of overhclld nnd profit of a.1I Subcontractors
shall be fifteen percent:
. . .;.
11.6,~.J. no feesho.ll be. payable on the basis of
co.sts it~mi;ed under PQrIlgIilphs I I.-l.~. 11.4.5 and ll..l:
[1.6.1.4.. lhe amount of credit [0 be ;:lIlowed by
CONTR.A..CTOR(o OWNER for any such change which
result! in a netdecreose in cost will be the amount or
the actual net decrellse p.lus a deduction in CONTRAC.
TOR's Fee by an amount equal to ten percent of cite
net decrease: and'
J 1.6.2.5, when both additions a.nd credits are
involved in anyone change. the adjustment in CON.
TRACTOR's Fee shall be c'omputed on the ~asls of the
. net change in accordance with paragIilpns 11.6.2.1
through 11.6.:!.~. ini:fusive. .
11.7, Whenever lhe cost of any Work is [0 be determined
pursuan tto porllgraph 1 U or 11.5. CONTRACTOR will
submit in form acceptable to ENGINEER an itemized 'cost
breakdown together with' sUPPol1ing.daca.
Cash AI[owancts:
lL8. ,It is understoodthllt CONTRACTOR has included.
in (he Contrnct Price all allowances so named in the .Contract
Documents and shallcllu~c: the Work so covered 10 be done
by such Subcontractors or Suppliers and for such sum.s Ivithin
the limit of the allowances as may be.cceptable [0 ENGI-
NEER.CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CON-
TRACTOR rles~ uny npplicable trade discoun(sl of mate-
rial! and equipment required by the allowances 10 be deliv-
ered llt the site. and Illl applicable laxes: .nd
11.8.~. CONTRACTOR'~ costs fur unloading ,and
handling on th.: site. lahor, installation costs. overhead.
protit atH.! olher e.'tpenxcs conccmplllt cd ror lhe ullowortccs
have bee:n incluJeu in the Contrucl Price und not in the.
23
allowances. No demand for additional payment on account
of any thereof will be valid.
Prior to final payment, an appropriate Change Order wiU be
issued as recomcnendetl by ENGINEER \0 refjecl actual
amounts due CONTRACTOR. on account of Work covered
. by aUowa.nccs. and Ihc Contract Price shall be correspond.
ing.1y adjusted.
Uni1Pricl Work:
11.9.1. Where the Contract Documenu provide: that
all or part "of the Workis [0 be Unit Price Work. initially
the Contract Price will be deemed to include for all Vnit
Price Worle an amoUnt equal to the sum of the c3tablishe1i
unit price,s fcreach separmly identified item ofVnic Price
Work time:s the estimAted quantity oC each item as indi-
cated in the Agreement. The CJUmaled qiLaniities o(items
. of Unit Price Work are noc guaranteed and are solely (or
the purpose of c:omparison of Bids and determining an
initial Contract Price. Determinations of the acmal qU~-
tides ~d c:lassitic.ation$ of Unit Price Work performed by
CONTRACTOR will QC made by ENGINEER. in accor-
dance with Paragraph 9.10.
. .
11.9.1. Each unit pricc will be deemed to include an
amount considered by CONTRACTOR to be adeqUate to
Cover CONTRACTOR' S overhead and pron t for each sep-
a.ra.tely identified item. .
1 {.9.3. 'Where the quantity of any item of Unit .Price
Work pcr{onned by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
iCdicated in tl1e Agreement and there is no corresponding.
adjustment with respect co any other itcm of Work and if
CONTRACTOR believes that CONTRACTOR ha.s
inc:ul!ed a.ddidona1 expense: as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con;'
tract Price in accordance with Article II if tbe oarties are
unable to agree as to the amount of any .such iticrease.
ARTICLE 12-CHANGE OF'" CONTRACT TIME
.
i..
I 12.1. The ContIact Time may only be changed by a Change
Order or a Written Amendment. Any claim for ariextension
or ShOrtening plthe Contract Time shaUbe based on wriften
notice delivered by the party making the claim to the other
p~y and to ENGINEER promptly (but in no e~ent latcrthan
tl1lrty days) after the occurrence of Ihe event giving rise to
the claim and staling the general nature of the claim. Notjce
of the extent or the claim w;thJupporting data shall be deliv.
ered within sixty days alter such occumnce (unles~ ENGI.
NEER allows an additional period of time to ascertain more
acc~rate data in support of the claim) and s/laIl be accom-
pamed by the claimant's written statement thac the adjust-
ment claimed is the entire adjustment to which the clS:imant'
ha5 reason co believe it is entitled as a result of the occurrence
of said event. AJI claims for adjustment in the Co~tract Time
.:.-r.,
shall be detennincd by ENGINEER in accordance with pan-
graph 9.1 J if OWNER and CONTRACTOR cannot oCllerWi,c
,. agree. No claim for an adjustment in the Contract Time will
be valid U'not submitted in accordance with the requiremeDts
of this paravaph 12.1..
12.2. The Contract TIme will be extended in art unount
. equal t<? time'lo$t due to delays beyond the c:ontrOl of CON.
T'RAC!OR if a claim is made therefor as prcwidcd in pan-
graph 12.1. Such delays shaH include. but not be limited rOt
act! or neglect by OWNEl\or others performing additional
worle as coiucmplatcd. by Article 7. or to fires. ftoods. labor
disputes. epidemics. abnormal weather conditions or a.cu of
God. .
12.3. All time limits stated In the Contra.cc Docurnenu
are of the essence of the Ail"cemel1t. The provisions of this
Articlc. 12 shall not exclude recovery for damagcs (incllldin,
. but not Limited to fees and chargesoC ~rlgineerst ILIchi teC15 ,
attorneys and <lth~r prcftsslonals a.nci c~urt a..nd'a..rbicntion
cOsts) for delay by eith~r party. ~..
ARTICLE I3-WARRANTY AND GUARANTEE;'
TESTS AND INSPECTIONS;
CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFEctIVE WORK
. W lV'!"lUUy and G u.c.ranur:
13..1. CONTRACTOR warranls and guarantees to
OWNER and ENGINEER that ail Work 'will be io accor-
.dance'with the Contract Documents andwillllot be ri,[tcrivt.
Prompt notice of all defects shaH be given to CONTRAC-
TOR. All dlftr:rivl Work. whether or not in place. may be
rejected. corrected or accepted a.5 provided in this Article 13.
Act:lli tl1 Work:
13.2. ENGINEER and EN.G!NEE.R'sn:presencatives.
other representatives of OWNER. tesling agencies and gov-
ernmental qcncies wirhjurisdictianal interestS wili have access
to the Workat reasonable times for their observation. inspecting
and lesting. CONTRACTOR shailprov;de proper and safe
conditions for such access.
r,sts and Inspections:
13.3. CONTRACTOR-shall give ENG INEER timely notice
of readiness of the Work for all required inspections. lem or
approv,a1s.
13.4. Lf Laws or Regulations of any public body baving
jurisdiction require any Work (or part tllereof) \0 specifically
be inspected. tested or approve.d. CONTRACTOR shall
assume full responsibility thcrefor. pay alL costs in connection
therewith and furnish ENGINEEa the requiredccrtifiC3ces
ofin$pcction. testing or approval. CONTRACTOR shall also
24
be re~ponsible for and shoJI pay nil costs in connecti~n with
any inspection or testing required in connection with OWN.
ER'sor ENGIN EER's acceptance ora Supplier. of materials
or equipment proposed to be incorporated in the Worle. or of
materials or equipment submiued ror approval prior to CON-
TRACTOR's purchase thmofforincorporation in the Work.
. The cost of a 11 inspections. tests and approvals in addition to
the above which nre required by che Contract Documents
shaH be paid by OWNER (unless Olherwise specified I.
. .
13.5,. All inspections. tesrs'orapprovllls other than those
required b'y Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
to OW;-.IER and CONTRACTOR lor by ENGI~EER i{ 50
specified).
13.6. [[ any Work (including rhe work of,othe.rs) [hat_ is
to be in.spected, tested or approved is covered without written
concu.rrence of ENGINEER, it nlust. if requested by ENG 1-
NEER. be uncoven::d forobservadon. Such uncovering shall
be Bt CONTRACTOR's e.,pense unless CONTRACTOR has
given ENGINEER timely oOlice of CONTRACTOR's inten-
tion to cover the same: and ENGINEER hns not acted with
reasonable promptness in response .to such noeice.
, IJ. i. Neither observation5 by ENGINEER nor inspec-
tJons. tests or appro'vals bv others shall relieve CONTRAC-
:rOR from CONTRACTOR's obligations to perform the Work
In accordance. with the COnlnct Documen[s.' ,
UnctJv,ring Work:
. !J.8. [{any Work is covered con[rnry [0 the wrill~n request
. or E~G[NEER.it must. if requested by ENGI:-<EER. be
unco\'~red for ENOI~EER's observation and replaced 0.(
CONTRACTOR's expense. . .
/J.9. If E~GINEER considers it necessary or advisable
that covere~ Work be observed by ENGINEER or inspected
or te'sted by others. CONTRACTOR. at ENGINEER's
request.- shall uncover. expo~e: or otherwise mak~ available
for ~bserv::ldon. insp~ction 0r'tcsting as ENGI:-lEER may
require. thnt portion of the Work in qUl;stion, furnishing all
necessary Inbor. 'mnterilll nnd equipment. If it is found that
such Work is cI~/~t'ri"t/. CONTRACTOR shall bC:lf:lll direct.
. indirect nnel co~sequencial costs of such unc~vc:ring. expo- .
sure. observlltion, In~p~ction and te5ting and of snrisfllctOrr
. reconstruction. lincludinll but not limited to fees nnd charlZ~s
of ~ngineers_'lIrchitects. ~!torneys and orher pror'dsionllisl;
and OWN ER shllll be entitled 10 an appropriute Jecrease in
the Conlrnct Price. anti. if the porties are unllblt ro agree us
!O Ihe ~muunt lhereof. n1a~' mnkc: acluim th~refor:l:; provided
In Article II. it", ho\\ ~\'tr. such Wurk is nut . t'l.)Und to tie
({rJ't/l'ri\"~. CO~TRACT()R 'ihllllbe :I11oweu un incre:ls~ in
the CunlrUe[ Pd.L :I"..il ~:-i~nsion of the: Contra.:[ Time. l)r
bOlh. Jirccll~' ;lnril1l11able Iv .~uch Unl-:l.l vain 'l. exposure.
obser\'ution. in:;pcclion. testinll nnu reconstru~lil1n: and. if
the _ parties arc unuble 10 uyre; :1:1 III the umounl l.lr e,~[ent
.".A..'
thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles II and 12,
OWller May SlOp Ihe Work:
13,10. If che Work is defwil'e. or CONTRACTOR fails
to supply sufficient skilled worker~ or suitable mnterialsor
equipment. or Fails to furnish or perform [he Work'in such a
way that the completed Work will confonn (0 rtie Contract
Document!. OWNER may order CO NTRACTORto stop Ihe
Work. or any ponion thereof. untillhe cause for such order
. has been eliminated: howc v.cr., thi5 right of OWN fiR to stop
the Work shall not give rise (0 any duty on lhe part of OWNER
to exercise this right for the benefit of CONTRACTOR or.
!Iny other pany.
Comelion or Removal o{ D'lecrivl \York:
. . ,
!J.II. . Ifrequired by ENG!NEER. CONTRACTOR shall
promplly. as directed. either cQrrect all. rltrtCli~'t Work.
whether Of.not fabricll[ed; installed or completed. or, if ihe
Work has been rejected by ENGENEER. remi;wc it from the
site and replnce it with 1l0ITdefwl'l't Work. CONTRACTOR .
shall bear ali direct. indirect and.;onsequencial costs of suth
correction or removal !including but not limited to fees and
charges of engineers. architects, attorneys and other profes-
sionals) made necessary [hereby:
Ollt Y,ar Correction Pm'od:
13.12. If wjthin one year after the da,e of Sub5tantial .
Completion or such longer period of time as may be pre.
scribed by Laws or Regulations or by tile terms of any appli.
cable spccinl guarantee required by Ihe Contract Documents
or by any specific provision of the Contract Documencs~ any
Work is found [0 be defwlre. CONTRACTOR shalf promptly,
. without cost to OWNER 111)d in accordance wich OWNER's
written instructions. either correct such dt/uril" Work. or.
i! it has been rejected.by OWNER. remove j[ from che sile
and replace. ic with lIondtJ'tclil'( Work. If CciNTRACrOR
does no[promptly comply wirn the terms o{such instrucrions.
or in an emergency where delay would cause serious risk of.
1055 .or damage. OWN ER CT!ny have the dlfl"liI'l' Work cor~
rected or the rejected Work removed and replaced. and all
direct; indirect nnd consequential costS of such removlll and
replacement (including but nac limited 10 fees and chanes of
engineers. a~chitecls. attom&:ys and otner professional;) will
be paid by CONTRACTOR. In !pec:iaI drcumSlllnces where
a p~iculllf item of equipment iJ placed in continuous service
bc'fore Substantial Comple[ion of all [he Work. the correction
period for that irem may start to nm from .an c:lrlter d~te. iF
so provided in the Spt!cificntions or by Wrilten Amendment,
ACCtplanCt of Deflctiv! Work:
13,.13, If. \nsteluj or requiring correction or removnl-and
replacement of d~rl!('Ii1't.' Work. O\VN ER land. prior 10
ENGINEER's recommcnulItion ot' final pnyment. olso
ENGIN EERI preferslO accept it. OWNERmaydo so. CON.
TRACTO R shall oe'-lr all Jirect. inuire:cc llnd conseqUential
"25
costS attributable 10 OWNER's evaluation of and determi-
nation to accept such defeczive Work (such costs to be approved
by ENGINEER as to reasonableness' and to include but not
be limited to fees and charges.oC ensinec:rs. architects. attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER'srecommendation of final payment..a
Change Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Worle;
and O\VNER shaJlbe entit/edto an appropriate decrease in
. the Contnet Price, and, if the parties are unable to agree as
to the amount therco(,OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after such
recommendation,. an appropriate amount will be paid by
CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14.. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct d(fecziv( Work or to remove and rep!;Lce rejected
Work as required by ENGINEER in a.cc(irdal1ce with para~
graph lJ .11, or if CONTRACTOR falls to perform the Work
in accordance with the Contract Documents.. or if CON-
TRACTOR fails to comply with any otherprovisi.on of the.
Contract Documents. OWNER may. after seven days' writ-
. ttn notice to CONTRACTOR. correct and remedy any such
denciel1cy. In exercising the rights and remedies under this
paragraph OWNER' shall proceed expeditiously. To the eXtent.
necessary to complete corrective and remedial action. OWNER
may exclude CONTRACTOR from all or part of the site, take.
possession of all or part of the Work,. and suspend CON.
TRACTOR's'services related thereto, take possenion of
CONTRACTOR's tools, appliances, 'construction.equipmcnt
and machin.ery at the site and incorporate in. the Worle all
materials and equipmei1t stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
tatives. !fents and employeeuuch access to the site as may
be necessary to enable OWNER to exei"cise the rights and
remedies under tbis paragraph. AU direct. indirect arid con-
sequential COsts of OWNERinc:xercising such rights and
remedies will be charged agAinst CONTRAqOR in an amount
approved as to reasonableness by ENGINEER. ana a Change
Order will be issuecl incorporating the. necessary revisions in
the Comract Documents with respect to the Worle: and
OWNER shail'be entitled to an appropriate decrease in the
Contract ?rice. and, if the parties are unable to altTee as to
the amount thereof. OWNER may make a claim therefor as
provided in ArtjcJel!' 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 coun and arbitration cOStS and all costs of repair and
replacement Qf work of others destroyed or damaged by
correction. removal or replacement of CONTRACfOR's
d~ftcJ;vt Work. CONTRACTOR shall not be allowed an
ex.tension of the Contract Time because of any dc:lay.in per-
formance Oflhe Work attributabl e to the exercise by OWNER
of OWNER' s rights and remedies hereunder.
...."..
ARTICLE 14-PA YMENTS TO CONTRACTOR AND
COMPLETION
Scilldultof Yalue::
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as tbe ba!is for progress paymentl
and will be incorporated into a form of Application for Pay. .
ment acceptable 10 ENGINEER. Progress payments on .
account of Unit Price Work will be based on the number of
units completed.
AppiicaiicnIor Progrrss Paym,nJ:
14.2.. At least twenty days before each progress paymenl
is scheduled (but not more often tban once a month). CON.
TRACTOR shall submit to ENGINEE.:R for review in Appli.
cation for Payment filled out and sigllcd by CONTRACTOR
covering the Work completed asoC lhc due oCme Application
and accompanied by such supportins documentation ~s is
required by the Contract Documents.lfpayment is requested.
on the basis of materials and equipment not .inc::t/rporated in
Ihe Work but delivered and suitably slored at the sile or at
another location agi-eed to in writing, lbe Appliation for
Payment shan also be accompanied bya bill oC sale. invoice
or other documentation warranting thal OWNER ha5 received '
the materials and equipment free arid clear ofau liens, charges,
securitY interests and encumbrances (which are hereinafter
in these. Geoeral Conditio-ns referred to as "Liens'.'}. and
evidence that the materials and equipm ent are covered by
apl'ropriatepropcrTY ~nsuranc.e and other a.rrangements to
protect OWNER's interest therein. all of which will be sat-
isfactorno OWNER. The amount of rewD2gc with respect
to progress payments will be. as stipulated in the Agreement.
CONTIU.CTOR'1 Warrant] ofTUlt:
14.3. CONTRACTOR warrants and guarantees that title
to all Work. materials ll1d 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 payme.nt
free and clear of all Liens.
RIIYUW of A.ppliaz.tions for l'rolr/!:rs Payment.'
14.4. ENGINEER will. within ten d.aysafter receipt of
each Application for Payment. either indicate in writing a
recommendation of payment and prest nt the Application to
OWNER. or retUrn the AppliCation to CONTRACTOR indi.
eating in writing ENGINEER's reasons for refusing 10 rec-
ommend payment In the latter case. CONTRACTOR may
malee the necessary corrections and 'resubmit the Applica-
tion. Te-n days after presenution of the Application ror Pay-
ment with ENGINEER's recommendation. tlte amount rec"
onimended will (subject to the provision5 of the I.as! sentence .
of parigraph 14.7) become due and when due will be paid by
OWNER to CONTRACTOR. (In accordance with
the Georgia Prompt Pay Act)
]4.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
26
repr~~encncjonby ENGINEER to OWN ER. based on ENol.
N EER '5 on.sire observllcjons of tht: Work in progress liS an
experienced and qualified Iiesign professionol-and on ENOl-
NEER's review of the .4.ppficacion t'or, Payment and (he"
ac:compu,nying datil and schedules thoc (he, Work' has pro-
gressed (0 the point" indicoted: thac. 10 the best of ENOl.
N EER's knOWledge; information and gelief, the quality of
Ihe Work is in accordnnce wirh che Contract Documcnl-s
lsubject 10 on evaluncion of the Work as a functioning whole
prior (0 or uponSubmlOtia\ Corripletion. to the results of any
,subsequent tests called for in the Contract Documents. to a
Rnlll determination of quantities and classificarions for Unit
Price Work under paragraph 9.10. llnd to !lny other qualil;-
cations stilted in the recommendation'l: llnd that CONTRAC-
TOR is entitled to payment of [he amounr recommended.
However. by recommending any such paymenc ENOINEER .
will not thereby be deemed 10 have represented that exhaiu-
tive or continuous on-site' inspections hilVe been made to.
chcck the quality or the quantity ofrhe Work beyond the
responsibilicics specifically Dssigried to ENGINEER in the'
Contract Documents or that [here may noe be other matters
or issuesbclween the parties that might entitle CONTRAC-
TOR to be paid additjonaUy by OWNER or OWNER to
wiEhhold paymenc [0 CONTRACTOR.
14,6. ENGINEER's recommendation of final payment
wilJ constitute an lldditional representation by ENGINEER
to OWNER thac the conditions precedent co ~ONTRAC-
TOR's beingen.ricled eo final payment as set forrh in paragraph,
[4.13 have been fulfilled.
14.7. ENGINEER may refuse to r~commend the whole
or any part of any payment if. in ENGINEER's opinion. it
would be inc:orreclto make such represenlations to OWNER.
ENGINEER may also refuse to ret:ommend any such pay-
ment. or. bccnuseof 5ubscqueiuly discovered evidence or
the results of subsequenc inspcctions o'r tem. nullify ilny 5uch
paymenc previously recommended.'to such extenC as mav be
necessary in ENGINEER's opinion r~ protect OWNER f~o~
loss because: '
[4.7.1. the Work is df!juriL't. orcomplcted Work has
bcen damage? requiring correciion or repfncement.
1..1.7 .2. ' the Contrnct Pricc has been reduced bv Writ-
ten Amendm~nt or Change Order. . .
,[<1.7.3. OWNER has be~n requj~ed co correcc drftC'-
l;\'/! Work or complete Work in accordance wich parllgrnph
I U ,kor
1~,7.4. ot' ENGINEER's actual knowlcdge of the
occurrence of any ot'tlte events enumerlltedin paragraphs
IS.~.1 througn 15.~.9 inclusive.
OWNER mol' refuse to make payment ~f the full umount
recommendeu by ENG[NEER because cluims have been
mlld( against OWN ER on uccounrot' CONTRACTOR's pt:r-
rormnnce or t'urnishing of (he Work or Lic:ns ha vc: been filc:d
in connection wi Ih the Work or the re llre other irems enticling
.:/ .
OWNER to a set-off against {he amount recommended, but,
OWNER must give CONTRACTOR immedi:ate wriClen notice
(with a copy (0 ENGINEERl stilting the reasons forsucn
action.
Subs/antitJI C ample/ion:
14.8. When CONTRACTORconsider5 (he entire Work
reody for ics intended use CONTRACTOR shall nati{y
OWN ER llnd ENOIN EER in Writing Ihat the entire Wcrk i3
substantially complete (e~cept for icemi'i specifically listed by
CONTRAc;TOR as incomplete) and n:quesl th,nt ENor.
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. qWNER, CONTRACTOR and'
ENGINEER shull make an inspection of the Work co deler-
mine the scalUS ofcompletHm.lfENGlNEER docs n[lC con.
sider the Work substantially complete. ENGINEER will nolify
CO'NTRACTOR in writing giving the reasons lherefor: If
ENGINEER considers tlie Work sUbsta.ntially completc.
ENGINEER will prepare and delivereo OWNER IJ rentative
certificate of Substancial Completion which shal[ R.,t thc da~e
of Substantial Completion. There shall be ~ached to lhe
certificate a [~ncative list of items to be completed or cor..
rected before final paymcnt. OWNER shill! have sc'ven days
after receipt of the lentative certificate during which tomalee
weinen objection to ENGINEERas to any provisions oflhe
certificate or auached (in, If. after considering .such objec..
tions. ENGINEER concludes that the Work is not submn-
tially complete. ENGrNEER will within fourteen days after
submission of the tcntative certifica.te [0 OWNER' notify
CONTRACTOR in writing, staring the reo.sons therefor. If.
after consideration of OWNER's objections, ENdn~rEER
considers the Work substantially cornplcte.ENG INEER will
within said fourteen days execute and deliver [0 OWNER
end CONTRACTOR a definitive certificate oC'Sub$tantial
Complerion lwith a revised tentative lin of items' 10 be com.
pieced or corrected) reflecting such cnot1ges from the te.niative
certificllte as ENGINEER believes jl1sci.lled 'after consider-
Iirion of any objections from OWN ER.')'! the'time ofdeJivc'ry
o{ the tentacive certifico.te of Sl,lbSCGnliaJ CompJ~cion ENGI-
NEER willdeliv~rto OWNER and CONTRACTOR 11 written
recommendation as 10 divlsiooof responsibililies pending
final paymcnc betwet:n OWNER and CONTRACTOR Wilh
respect to 5ecunty. operacion. sn{~ty, maine,c nonce. heat.
utilities. 'insurance and wnrramics, Unless OWNER and
CONTRA.CTORagree othcrwisr:in writing and so inform
ENGINEER prior to ENGINEER's issl,1ing lh~ definitive
certificate or Subsro.nciul Com pIc lion , ENGfNEER's afore.
said recommendlltion will be binding on OWNER and CON.
TRACTOR until final payment.
14,9. OWNER ~liall hllve the right to ~xclude CON.
TRACTOR {rom [he Work after the dale of Subs cancio I Com- .
ptetion. but OWNER shall allow CONlRACTOR reasonable
access to complete or correct items on the tentative lisc.
Partial Ulili~tion:
14./0. Use by OWNER ofnny finished pan oflhe Work,
which hns speciticallr b\:c:n identified in the C\,lOlraCI DOL:u.
.27
ments. or which OWNER. ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useabJe
p!U't of the Work that can be u!ca by OWNER without sig-
nificant interference wiih CONTRACTOR's perfonnaoceof
the remainder of the Work. may be. accomplished pnorto
Substantial Completion of all the Work subject to the f{)l1ow-
. ing:
14.10.1. O\VNER at anytime: n:tay request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use. and substantially complete. If CON-
TRACTOR agrees. CONTRAcrOR will certify to OWNER
and ENGINEER that ~iid part o{theWork is substantially
complete and request ENGINEER to issue a certificate: of
Sub$tantial Completion' for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENOI-
NEERin writing that CO NTRACfO R considers any such.
part of the Worle ready;(oriu intended u.se and SUbSWl':
dally complete and request ENGINEER to issue a certif-
icale of SUbstantial Completion for that pan of the Work.
Within a reasonable time after either such ~equest. O\VNER.
CONTRACTOR and ENGINEER shall make an in5pcc-
lion of that pan of .thc Worle to deterTnine it! S1atU' 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
reaJons therefor. If ENGINEER considers that part of the
Work to be substantially complete. the provisions of panl-
graphs 14~8 and 14.9 will apply with respect to certification
of Substantial Completion o(that part ofthe Work and the
division of responsibnitY in respect thereof and access
thereto.
14.IO.:!. OWNER may at any time request CON-
TRACTOR in Writing to permit OWNER to take over
operation of any such part of the Work a.lthough 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 ofthat part of the Work.to determine
ilS status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. rf~ONTRACTOR does not object in writ- .
ing to OWNER arid ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER willllnaliz.e the list of items to be completed
or corrected and wiH deliver such lin to OWNER and
CONTRACTOR togetherwilh a written recommendation
as to the division o{ responsibilities pendihg Jinal payment
belwcen .OWNER and CONTRACfOR with respect to
security. operation. safety. maintenance. utilities. insur-
ance. wa.rranlies and guaramees forthat part of the Work
which will become binding upon OWNER and CON-.
TRACTOR at the lime when OWNER lakes over such
~peration (unless they shall have otherwise agreed in writ-
IOS and so infonned ENGINEER). During such operation
and prior to Substantial Completion of such part. of the
Work. OWNER shall allow CONTRACTOR reasonable
access 10 complete or COrTect items on said list and [0
complete other related Work. .
....J .
14.1003. No occupancy or Sepai-ale operation oC par1
of[h~ Work will be accomplished priOrlO compUance with
the requirements of paragraph 5.1::5 in respect of property
insurance.
F iMll tlSpection:
14.1 L Upon written notice from CONTRACTOR thaI th4
entire Work or an agreed portion thereofis complete. ENGI.
. NEER will make a final inspection with OWNER .and CON.
TRACTOR and will notify CONTRACTOR in wriling of all
. particulars in which this inspection reveals that lhe Work is
incomplete or d~ft!ct;yt!. CONTRACTOR shall immediately
take such measures as are necessary to remedy such den-
ci~ncies.
FiMl A.ppUc4M/l for Paym6tr1:
14.12. After CONTRACTOR has conpleted all such cor..
rections to the satis{action of El'lGIN:EJ::R and delivered aJl
mainten~ce and operating instructions. sched\llcs. 'guarin.
tees. Bonds: certificates of inspection. marktd.up record
document! (as provided. in ?aragnpn ~_19' lnd otl\cr docu.
ments-all as requi~ed by the Conlract Documents. ami after
ENGINEER has indicated that the Work is acceptable (sub-
jectto thepro\li~ion~ of paragi-aph 14.J~. CONTRAqOR
may make application for final payment followins. the pro-
cedure for progreu payments. The final Application for Pay-
ment shall be accompanied by all docUtlIentation.called (or
in the Conuacl,Doeuments. together with complete and teplly
effective releases or waivers (satisfactory to OWNER) of all
Liens arising OUt or or filed in connection with the Work. In
lieu thereof and as approved by OWNER. CONTRACTOR
may f)lrnish receipts or releases in {ull: an affidavit of CON- .
TRACTOR. that the releases a.nd receipts include all labor.
services. materiaJ "and equipment for wl1ich a. Lien could be
filed. a.nd that all payrolls. material and equipment bills. and
other indebtedness connected with the Work for which
OWNER of OWNER's propeny might inany way~be respon-
sible. have been. paid or otherwise satistied:and consent of
the surety. ifany. to linal payment. If any Subcontractor.or
Supplier fails 10 furnish a rele.ue or receipt in futl. coN.
TRACTOR may furnish a Bond or other collateral sausfac.
cory to OWNER 10 indemnify OWNER against any Lien.
FiruJl Payment alUi ^&clptanct.'
]4.13. If. on the basis or ENGINEER's observation of
tht Work during construction and tinal inspection. and
ENGINEER's review of the nnal Application for Payment
and accompanying documcntation--all as required by the
. Contract po'cuments. ENGINEER is satisfied that the Work
hll3 been completed and CONTRACTOR's olherobligations
under the Contract Documents have been fulfilled. ENGI-
NEER will. within ten days a{ter receipt of the final Appli-
cation for Payment, 'indicale in writing ENGINEER's rec-
ommendation of payment and presenl the Application to
OWNER for payment. Thereupon ENGINEER will aive
written nodce to OWNER and CONTRACTOR that [he Worle
is acceptable subject to the provisions of p'aragraph J 4.16.
28
Otherwise. ENGINEER will return [he Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend finat payment, in which case CONTRACTOR
shill! make the necessary corrections and resubmit the Appli.
cation. Thirty days after presentation 10 OWNER of the
Application and accompanying documentation. inappropri"
ate form and substance. and with ENGINEER's recommen.
dation and notice ofaccepcability. the amount recQmmended
by ENGINEER will b.ecome due and will be paid by OWNER
to CONTRACTOR. (In accordance with the.
Georgia Pro~pt Pay Act). .
.14. 14. . If. through no fault of CONTRACTOR, nna[ com-
pletion of the Work is significantly delayed and jf ENGI-
NEER so confirms. OWNER shoJI. upon receipt of CON-
TRACTOR's final Application for Payment and recommen-
dation of ENGINEER. and without terminating the Agree.
ment. make payment of the balance due for that ponion of
the Work fully completed and accepted.".If the remaining
balan'ce to be held by OWNER for Worknocfully completed
or corrected is less than the re tainage stipulated in t.he Agree-
ment. and if Bonds have been furnished as required in para.
graph 5. \ . the written consent of. rhe surety to the payment
of the balance du'e for that portionor"the Work fully com-
pleted and accepted shall besubmitled by CONTRACTOR
to ENGINEER with the Application for such payment. Such
. payment shall be made under the lerms a,nd conditions g9v. .
eming final payment, except that it shall not constitute a
waiver nf claims.
!.
Contractor's Continuing ObiigaJion:
14.1's.CONTRACTOR's obligation to perform and com-
plete the Work in accordance wirhthe Contract'Documents
shall be absoJute. Neither recommendarion of any progress
or nnal payment'by ENGINEER. nor the issuance ora cer-
tificate of Substantial Completion. nor any payment b}'
OWNER to CONTRACTOR under the Contract Documents.
nor any use or occupancy of rhe Work or any part thereof by
OWNER. nor any act of acceptance by OWNER nor any
failure. to do 56, nor any revIew and approval of II Shop,
Drawing or sample submissioll. nor the issuance of a notice
ofacce.ptability by ENGiNEER pursuant to paragmp~ 14.13.
norony correction of cil!fecril'l! Work by OWNER will con.
. slicute an ucCeptllnce of Work not in accordance with the
Contract Documents or II release of CONTRACTOR's obli-'
gation to pert'orm the Work in accordance with the Contract
Documents fexcept as provided in paragraph J4.J6).
Wai~'tr of Claims:
j.j.16. The making Llnd ncceptance uf final payment will
constitute:
1-l.16.1. u waiver ot' all claims bv OWNER il2llinsl
CO~TRA.CTOR. except cluims nrising from ~ns~ttlt:u
Lic:ns. from d~r('('lil'(' Work <lppearing after t1mll inspec-
tion pu rSunntto ptlc:agroph 14.11 ur from failure tl) comply
with. the COn(raCI Dl)CUmenls or [he terms of <Iny special
guuranu:es specified therein: howt:\'c:r. il will nL1( consti.
tllte :1 \vaiver hy OWNER llf un~/ righL~ in rr:sp<:ct of
;:"'.,"
CONTRACTOR's continuing obligacionsunder the Coo-
tract Documents: and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than ,those previously made in wril-
ing and still unsettled.
ARTICLE 15-SUSPENSroN OF WORK AND
.TERMINATION
Owntr triay SUJptlld Work:'
J5.1. OWNER may. at any time and without cause. 5US"
pend-the Work or any portion,the:reoffor a period of not more
than ninety days by notice in writing 10 CONTRACTOR ar.<!
ENGINEER which will fix lhe date on which Work will be
resumed. CONTRACTOR shaHresl1me the Work on the dale
so fixed. CONTRACTOR shall be allowed an increase in the
Concract Price or an eXlension ofthe.Contrac t Time. or both.
directly attributable to any suspension if CONTRACTOR
!1lakes an approve:d claim therefor as provideq;.in Anicles 11
and 12.
Owntf' May TtrminaiL:
[5.2. Upon the occurrence: of any' one or more of the
followin'g eventjl:
15.2.1. . if CONTRA CTOR COlIllnences a voluntary c~
under any chapter of the Bankruptcy Code (Ticlel J. United
States' Code), as now or hereafter ineffecl. or if .CON.
TRACTOR takes any equivaJent or similar action 'by filins
a petition or Olherwiscunder any ocher federal or stale
law in effect ac such time relating te the bankruptcy or
insolvency:
l5.2.::. if II petiiion is filed against CONTRACTOR
under any chapter of the: Bankruptcy Code as now or
~ereafter in effectal the lime of 6ling. or if a petition ~.
filed seeking any such equivalenl or similar relief againsl
CONTRACTOR under any other federal or state l.awio
effect at the time relatingto bankr.uplcy or insolvency,:
i5.:!.3. ifCONTRAC:rOR makes a general assignment
for the benefit of creditors: '
15.1.4. if 11 truStee. re'ceiver. custodian or agent or
CONTRACTOR is appointed under applicublelaw or under
contract. whose appointment or authority [0 take charge
of property of CONTRACTOR is for the purpose 01
enforcing a Lien against such property or for the purpose
, of general administration of such propeny for the benefic
,of CONT~ACTOR's cw.litors: .
. 15.2.5. if CONTRACTOR admits in II'riling an inabil.
ity to pay its debts genemlly as Ihey become due:
15.2.6. if CONTRACTOR persistenlly fails 10 perform
the Wurk in accurdanct with the (onlnlCt Documents
::'9
(including, but nOllimited to. failure to supply sufficient
skilled workers or sUitable malerials or equipment or
CailUi'e to adhere 10 the progtcSs schedule established under
paragraph 2.9 as revised from time to time): .
15.2.7. if CONTRAcrOR disregards Laws or Regu-
lations of any public body having jurisdiction:
15.1.8. ifCONTRACrOR disregards the authority of
ENGINEER: or '
15.1.9., if CONTRACTOR otherwise yjolates .in any
substantial way any provisionso( the Contract Docu.
menu;
"
.;\
OWNER may, after ljiving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the e'Xtent
permitted by .Laws.and Regu.Jations, tcrmina~e the sCf'V.iccs
of CONTRACTOR. exclude CONT1l.ACfOR. from the site
a.nd take posse:ssion ofthe Work and orill CO NtRAcrOR . 5
tools. applian~es. construction equipment and machinery at
lhe site and use the same to tlie lUll extent they could be u5ed
by CONTRACTOR (witl'lout liability to CONTRACTOR (or
trespass orconvenlonl, incorporate in the Work all materials
and equipment stored at the site or for wt1ich OWNER has
paid CONTRAcrOR but which are Stored elsewhere, and
Jinish the Work 1.S OWNER may deem expedient. In such
case CONTRAcrOR shall not be entitie'dto ,rec~i'le any
further payment.' until the Worle is finished. If the unpaid
balance of the ComractPrice exceeds the direct. indirect and
consequential costs.of completinr the Work: (includinl but
not limited to fees, and charges of engineers, architects. attor-
neys and other professionals and court and arbitratloncosts)
5uch excess will pc paid to CONTRACTOR. If such. costs
e~ccedsuch unpaid balance. CONTRActOR sha.(l pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to r~a50nableness bv ENGINEER and incor-
porated in a Change ,Order. but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to oblain the lowest price for the Wor>:. peiformed.
. l5.J. Where CONTRAcrO.R's services have been SO
terminated by OWNER.: the tennination will not affect any
rights or remedies of OWNER apjnst CONTRAcrOR then
-existing or which may thereafter accrue. Any retention or .
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACfORfrom liabUitY.
lSA.Uponseven days' written notice 10COl'~TRAC,
TOR and ENGINEER. OWNER may, withoul cause a.nd
without prejudi!::c to any other right or remedY, elect 10 a.ban.
don the. Workatld tenninate Ine Agreement, In such case.
CONTRAcr.OR shall be pa..id for aJI Work executed and any
expensesuswned plus reasonable termination expenses. which.
will include, but not b~ Iimit1:d to.din:ct. indirect and con.
sequential cosu (including, but not limited to. fees and chai'g'es
of erigineers, architects. attorneys and other professionals
and court and lIbitration cosu). '
Contractor May Stop Work or r trmincu:
J.5.S. If. through no ac.t or fault ofCqNTRAcrOR, the
Worle is~u!pended for: a period of more t!Lan ninetY days by
OWNER or und er 'all orderof court or othu'Public authority I .
or ENGINEER falls to aclt on any AppUcacion for Payment.
~ichin thirty days after it is submitled. or OWNER fails for
thifty days to pay CONTRACTOR any sum finally deter.
mined'to be due. then CONTRACTOR may. upon seven
dl1:;s' wriiten notic'Co to OWNER and ENGINEER..terminate.
!.he A'grecment and recover from OWNER payment for all
Worle ex,ecutedand any e:q~ense sumilled'pJus reasonable
. termination expenses. In addition and in lieu of tenninatinl
the Agrllement" if ENGINEER h~ {ailed LO act on an Appli-
cation for Payment or OWNER has failed to make uy pa.y-
men't as aforesaid., CONTRACTOR may upon .seven day,'
writlen notice to OWNER and ENGINEER stop the Wone
until payment of all amounu then due. The provisions of this
paragraph shall nor relieve CONTRACfOR.ofthcobliption$
lInder paragraph 6.29 to carry 0('1 the Work in' accordance'
with the p.roiTess schedule and without delay during disputes
and disagreeinents wirh OWNER.
. [Theremainder of this page was left blank intentionally.J
-;~..: .
30
ARTICLE 16--ARBITRATION
16.1 All claims, disputes and other matters in question between
OWJreR and CONTRACTORa.r1sing ..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, Georgia.
(The remainder of this page vas left blank intentionally.)
..~.'
31
.~
(This page was let't blank intentionally".) .
~
32
ARTICLE17-MISCELLANEoas
GMnr NotU:l:
17.1. Whenever any provision of the Contract Docu.
menU requires the giving of written noeice, it will be deemed
10 have been validly given if delivered in person [0 Ihe indi-
vidual or to a member of the Ilrm or to an officer of the
corpomtion for whom it is intended, or if delivered afar sent
by registered or'certi.tied mail. postage prepaid, .to the lasl
business addres~ known to the giver of che notice. .
. .
Computa/ion oj Tim'.. '
'17.2.1. When any period of time is referred to in the
Contract Documel'lls by days. it will be compuu:d to exclude
tfie first and include the Il!st day of such perie<J. If the las t
day of any such period (alls on a Salurday 01" Sunday or
on a day made ..legal holiday by tit!: law of the applicable
jurisdiction, such day will be omjtted from the computa-
tion.
J 7.2.2. A cakndar day oC twenty-four hours measured
from midnighllo the next midnight shall constitute a day.
GlntraJ,.
l7.3. Should OWNER or CONTRACTOR suffer injury
or damage 10 person or pro.perty because of any error, omis-
...~::'
sian or act of che other party or of any of the other PartY's
employees, or agel1ts or od1Cl"3 for whose aCls the other party
is legally liable, claim will be made in writing to tlte other
party within a reasonable time of the fil"3t observance of Juch
injury or damage. The provisions of this pa."ag.l-apn 11 J SGsll
nOl be constIUed as a substitute for 'or a 'waiver of ihe 11'0.
visions oC any applicable statute of lImitatiol1S or repose.
.11.4. The duties az;d obligations Impo!ed,by these Gen-
era1Condltions and the rights and'remedic.! available here.
. under to the parties hereto. and. in particltla:r but without
limitation. che Warranties. guarantees and obliption.s Imposed,
upon CONTRACroR by paragraphs 6.:JO. 13.1. 13.12. 13.14.
14.3 and, 15.2 at\d all 'of the rights and remedies i1vailable 10.'
OWNER and ENG~EER thereunder. are in addition to.
and are not to be construed in any way as a licnicitionof. any
rights and remedies available to any or all of them which arc
otherwise imposed,or available by Laws or BegUileions. by
special warranty or gUarantee or by otller provisions of die
Contract Documents. and the provisions o( this piu'a&nph
will be as. effective lU if repeated specifically in the Contnci
Documents in 'connection with eachparticuhiiduty. pbUga.
tion. right and.remedyto which they apply. .All representa-
tions. warranties and guarantees made in ihe Contract Do:.
uments.will survive final payment and termination or com.
pletion of the Agreement.
33
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 additionaHiability or property insurance will be purchased by Augusta-
Richmond Country for this project '
Current insurance coverage will remain in effect for the life of this Contract.
1.2 CONTRACTOR'S LIABILITY:
As indicated under Section 5.3 of the General Conditions, the Contractor's Liability'
Insurance shall be in an amount not less than $200,000 for. injuries, including accidental
death, to anyone person, and subJect to the same limit for each person, in an amount not less
than S500,000 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 any
one 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 a!lloums as specified in the preceding paragraph, or (2) insure the
activities of his subcontractors in his own policy.
1.3 SPECIAL HAZARDS:
The contractor's and his Subcontractor's Liability and Property Damage Insurance shall
provide adequate protection against the following special hazards:
(a) Work within the right-of-ways of the Augusta-Richmond County Road
System.
(b) Work within easements granted by property Owners in connection with
the construction of the project.
(c) Work in close proximity to eXIstmg water lines, telephone lines,
gas lines, other utilities, and private structures contiguous to the job site.
1.4 TESTING LABORATORY: .
All testing and laboratory work in connection therewith shall be performed by an
independent firm and paid for. by the contractor. Copies of all test reports shall be forwarded
to Augusta Engineering Department. There will be no separate payment for this work.
sc- 1
1.5 SURVEYS:
The Contractor will provide surveying for construction staking, horizontal control, and
vertical control as necessary, utility staking, and as built.
1.6 .PROGRESSPA YMENT:
Section 14.2 of the General Conditions shall be amended as follows:
The Contractor may submit monthly estimate for work completed and
materials properly stored as approved by the Engineer. When an estimate
includes materials. storedl 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 of alltiens, charges, security interest and
other encumbrances shal1 be attached to the payment request.
1. 7 ENGINEER:
All references to "Engineer" shall be interpreted to mean the Director of Engineering, or their
official designee. '
1.8 UNDERGROUND UTILITIES: (References 4.3, 1.4,3.2)
The Contractor shall coordinate with all utility companies through the "One Call"
method or other appropriate steps to locate and avoid damage to all utilities that may
affect or be affected by the Contractor's work. .
1.9 SAFETY: (Reference 6.20)
The Contractor shall use certified 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
SECTION P
PROPOSAL
Date: /2//6/ cf)()o?
, l
Gentlemen:
In compliance with your invitation for bids dated'l 'e<.. to'tf... ,200.J., the undersigned hereby
proposed to furnish all labor, equipment, and materials, an to perfoim all work for the
installation of roadway improvements, and appUrtenances referred to herein as:
Augusta-Richmond County - Fire Department Training Center
Pipe Replacement Project
Project number: N/A
In strict accordance with the Contract Documents and in considerati()n of the amounts shown on
the Bid Schedule attached hereto and totaling:
-r~ L..Q...jJ y:;, ""'+2 s...... - -rk,..,-J!! S; i> L...-t"P' -6';..<.-
DOLLARS ($ '3 (./ '7. 1.0 $"".00 .) . .. .
.
The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days
of receipt of such notice execute a fonnal contract agreement with the OWNER, and that he will
provide the bond or guarantees required by the Contract Documents.
The undersigned hereby' agrees that, if awarded the contract, he will commence the work within
lQ calendar days after the date of written notice to proceed, and that he will complete the work
within 30 calendar days. '
The undersigned acknowledges receipt of the following addenda:
~';'""""~
P - I
Augusta-Richmond County - Fire Department Training Center
Pipe Replacement Project
Pro' ed number: NI A
001-1000 FORCE ACCOUNT LS 1 $60,000 S60 000
000-0000 DEMOLITION LS 1 }O O~ iD OOD
c)<.:'S-I;;$. ~jK!.. 8~.}/1/ ;$ ~/~
207.020J BACKFILL MATERIAL TYPE 2 CY 4,000 4.$ /8 ()~O I
210-0100 GRADING COMPLETE LS 1 /ri OtO 18 COD
550-1181 STORM DRAIN PIPE 18" R 10 -15 LF 700 S'::t,oo 3(.... 4C>o
5SO-1241 STORM DRAIN PIPE 24", H 10-15 LF 170 S8.00 <7 e '=0
550-1360 STORM DRAIN PIPE 36" H 10-15 LF 505 4,5".06 ' 32 Bz..S
SAFETY END SECTION, SECTION 18" AND
550-3330 36" STORM DRAIN, 4:1 SLOPE EA 3 3CX>c <1,006-
603-2012 STONE DUMPED RIP RAP TP 1, 12" SY SO 40. :l()()f>
603- 7000 PLASTIC FILTER FABRIC SY 50 3,0c> I~o
610-5791 REMOVE CHAIN FENCING LF 650 ~.06 "3 2$'6 I
lO.Oo I / I
I
611-4890 RESET FENCE LF 650 19.$"001
IlAoc I
668-11 00 CA TCD BASIN EA 2 3;;toDi
668-2]00 DROP INLET EA 6 IYCO €4t>c
700-6910 PERMANENT GRASSING AC 1 lS"ob 1$'00
RESURF ACE PARKING LOT TN 2142 l.b . 00. I 1"2~ S'2.D
'3 l.( '() Co oC Cl:::::;
P-2
LUMP SUM CONSTRUCTION
FUTURE TRAINING C.t;NTER FOR AUGUSTA-RICHi\tiOND COUNTY
FIRE DEPARTMENT
NOTE: List all Lump Sum Construction items in detail with associated costs. FAILURE TO
PROVIDE TillS BREADKDOWNMY DISOUALITY THE BID. '
~~ 1:+i.GY\-
2 GI'J b Ce.""flcAc..
3
4
5
6
7
8
9
10
11
12
13
14
15
16
$
TOT AL LUMP SUM AMOUNT $
P-5-A
GENERAL NOTES
ADJUSTING MINOR STRUCTURES TO GRADE:
This item consists of raising or lowering the upper portion of existing manholes, water valve
boxes, gas valve boxes or any other miscellaneous structures within the area of construction.
There will be no separate payment for this work unless shown as a separate pay item.
*Prior to any resurfacing the contractor shan identify and reference all structures so the.
precise locations can be determined after resurfacing. This shall be done in the company of .
the ARC Inspector. This shall be the first order of work where minor structures requiring
adjustment are included in the contract.
AGGREGATE SURF ACE COURSE:
The item aggregate surface course is for use in inclement weather to facilitate the movement of
local traffic along roadway construction and to permit ingress and egress at drives. When used
for this purpose, Section 318, Georgia Standard Specifications, is modified to permit truck
dumping'on unprepared and muddy subgrade. Section 318 is further modified to permit the use
of crusher run stone as described in Subsection 806.02. .
The Contractor will have the choice of the following materials:
Graded Aggregate Subsection 815.01
Coarse Aggregate Size 467 Subsection 800.0 I
Stabilizer Aggregate Type 1 or 2 Section 803
Crushed Stone Subsection 806.02
All materials to be used as directed by the Engineer
AS-BUlL T PLANS:
The Contractor shall furnish a complete, legible set of "as-built" plans, in good condition, to the
Project Inspector prior to the date of the Final Inspection. Such plans shall have all significant
changes marked in red. The Project Inspector shall review the marked plans for accuracy,
legibility, and completeness. After the Project Inspector approves and signs the red lined plans, a
qualified engineering firm, selected by the contractor, shall make arrangements to obtain the
original approved plans frorothe Engineering Department Office. After originals have "as built"
information incorporated, they shall be stamped and signed on the cover sheet by .a Georgia
Registered Professional Engineer and returned to the Project Inspector for final processing. The
ProjectInspector shall sign the as-'builts and place them in the permanent record files. There will
be no separate payment unless otherwise shown.
CASINGS:
. All steel casings being installed across any roadway andlor right-of-way shall have the joints
continuously welded to obtain a watertight seal. The Contractor shall notify the Engineer when
welds are ready for inspection. Welded casings backfilled without the Engineer's approval shall
be uncovered for inspection at the Engineer's request.
G - 1
COMPACTION:
All compaction shall be as defined in the current edition of Georgia department of Transportation
Specifications. Special attention shall be given to the backfill of minor structures (pipe, box
culverts, manholes, catch basins, drop inlets, curves and gutters, etc.). Compaction shall be
achieved using approved tamps and soi11ayers of approximately 6 inches (loose measure) and in
accordance with Georgia Department of Transportation Standards 1030-'D and 1401. Backfilling
operations of this nature shall not begin until the Contractor has on hand all equipment in good
working condition, and competent operators. .
The backfilling of pipe and other minor structures shall be in accordance with Georgia
Department of Transportation Standard specifications, Current Edition. Backfilling with sand
using jetting and/or flooding will not be allowed in any case without the written permission of
the Engineer.
. NOTE: When sand and jetting/flooding method is used, the warranty for the backfilled
area is extended from 12 months to,24 months. A plan for the jetting/flooding shall be
submitted at the Pre,.Construction Conference.
CONCRETE:
The Contractor shall have a slump cone on the project at all times when concrete is being placed.
, He shall, in the Engineer's presence, perform slump tests as directed by the Engineer. Tests shall
be performed by qualified personnel with a properly cleaned s'lump cone. Allowable slumps are
2" minimum and 4" maximum. Class "A" concrete shall have a minimum of 611 Ibs. Cement
per cubic yard. Class "B" concrete shall have a minimum of 470 Ibs. Cement per cubic yard.
Concrete not meeting these requirements will be rejected by the Engineer.
NOTE: No concrete shall be placed until all required equipment such as slump cone, curing
compound and dispensor, etc., all in good working condition, are on the site. Inspectors must be
given a minimum one-hour advance notice. No concrete shall be placed ,vithout the Inspector
present unless otherwise directed by the Engineer. All concrete shall be placed during the
Inspectors normal working hours, 8:30 a.m. to 5:00 p.m. unless otherwise directed by the
Engineer. Formed surfaces shall receive finish immediately after removing forms. Forms shall
be removed as provided in Section 500 of GA.DOT Specifications.
CONSTRUCTION:
Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite curb, header
curb, etc.) shall be paid for in the unit price bid for curb and gutter unless otherwise noted.
At locations where new pavement is to be placed adjacent to existing pavement, without an
overlay, or where curbing is to be placed across paved parking lots, a joint shall be sawed on a
line to ensure pavement removal to be neat. Only those joints sawed in concrete pavement will
be paid for under the pay item-Sawed Joillts . . . per Linear Foot.
Where curb and gutter is used and the shoulder elevations are higher than adjacent ground, the
actual direction of drainage runoff shall be determined by the Contractor, He shall make such
provisions as necessary to ensure that no ponding is caused by the new construction. He may
place additional fill to provide drain inlets. Compensation will be under the. price bid for the
appropriate pay. item. Driveway profiles may also be altered allowing the concrete pad to slope
down outside the back ofthe curb line not to exceed an algebraic difference of 0.07. This should
G - 2
be used primarily on the high side of super-elevated curves. The Contractor should use caution
with standard variance and place special emphasis on hydraulic considerations. .
The Contractor shan provide borrow andior \vaste pits for this project. All pits acquired for use
on this project shall be reclaimed in accordance with Subsection 107.23 and Section 160 of the
Standard Specifications and page PPA-1 ofthi5 document.
All storm drain pipe, side drain pipe, pipe culvert wing-walls, steps, retaining walls, curbs and
gutters, headwalls,all types of pavement, wooden structures, except those specifically shown as
a removal pay item will be removed as Clearillg iwd Gruhhillg,Gradillg Complete, Gradiltg
Per Mile Oil Lump Sum Constrllction..
Cut and fill slopes outside of clear zones may be adjusted on construction where necessary to
remain within the right of way.
Curb cut ramps in accordance with Standard 9031- Ware to be used at all street intersections on
this project.
Asphalt milling where specified for use on existing pavement that is to be resurfaced adjacent to
curb and gutter~ Finished surface on asphalt pavement shall not exceed W' above the gutter line
as shown on Georgia Standard 9031-J.
CONSTRUCTION LAYOUT:
Construction layout work shall be performed by the Contractor. See Section 149 of the Standard
Specifications.
CONSTRUCTION/UTILITY SCHEDULE:
The contractor shall prepare an overall Time-Logic Schedule that includes all major utility
relocations, proposed utilities, and construction activities. A detail schedule for utility relocations
from all utility companies shall be submitted to the contractor prior to the PreConstruction
meeting. The Contractor shall. present this schedule at the Preconstruction meeting for
discussion. The schedule shall consist of the following:
1. The noted Responsible Agency for each activity (e.g., Contractor, Sub-Contractor, Utility
Company)
2. The ES-Early Start, EF-Early Finish, LS-Late Start, and LF-Late Finish dates.
3. The Project Critical Path.
4. Activity Durations.
After the Preconstruction meeting, the Contractor shall provide a revised schedule with all issues
and concerns addressed. The revised Time':'Logic Schedule shall be color coded with respect to
responsibility, and shall be presented on D size paper (24" x 36")
The schedule shall be updated on a monthly basis displaying percentage of completion of all
activities. The project baseline and current date line shall appear on all updates.
The schedule shall be presented using Microsoft Project, Primavera sofn:vares.
G - 3
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DESIGN ALTERATIONS:
The Commission-Council recognizes that various changes in design may be made as the project
progresses. Any requests for additional payment will be processed based on actual work in place
and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced
separately and no work shall be done on these items until approved, in writing, by the Engineer.
ENGINEER:
In all contract documents, specifications, supporting documents, etc., the term "ENGINEER"
. means, and shall be deemed to mean, the Augusta-Richmond County Engineering'Department
. Director or his/her designated representative. .
EROSION AND SEDIMENT CONTROL:
The contractor shall be responsible for all soil erosion and sediment control practices. All on-site
erosion control shall comply with local Augusta-Richmond County Erosion and Sediment
Control Ordinances. The cost of the work shall be. included in the cost of Lump Sum
Construction unless shown as a separate pay item. .
. EXCESS MATERIAL:
All excess material is to be disposed of as directed by the Engineer or as noted in Sub-Section
107.23 of the Specifications and in accordance with page PP A-].' .
FENCE:
All new fences called for on the plans and/or contract documents shall meet the requirements of
Section 643 of the Georgia Department of Transportation Standard Specifications, current
edition. New fence not meeting these Specs will be rejected.
In contracts, \vhere remove and reset fence items are involved (either as pay items or as Lump
Sum Construction) all replacement fence shall be equal to or better than the existing fence as
approved by the Engineer. This means equal to or better than the origiO<ll fence at the time of its
installation.
In accordance \.vith Subsection 643.03D, the Contractor must furnish positive locking devices,
. padlocks, and keys with all gate assemblies. .
FIl'lISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this project are to be
returned to the pre-existing shape and slope and then finished and dressed. No separate payment
.will be made for grassing, fertilizing and mulching of disturbed areas, W1less specifically shown
as a pay item.
FLAGGING:
Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special
Provisions, and as required by the Engineer.
All Flaggers shall meet the requirement of part 6F of the MUTCD Current Edition and must
have received training and a certificate upon completion of the training from a Department
approved training program. Failure to provide certified Floggers as required above shall be
reason for the Engineer suspending work involving the Flagger(s) until the Contractor provides
the certified Flagger(s).
G -5
Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, orjacket,
and shall use a Stop/slow paddle meeting the requirements of Section 6F-2 of the MUTeD
Current Edition for controlling traffic. The Stop/slow paddle shall have a shaft length of seven
(7) feet minimum. In addition to the stop/slow paddle, a Flagger may use a 24-inch square
red/orange flag as an additional device to attract attention. For night ,"york, the vest shall have
reflectorized stripes on front and back.
Signs for Flagger traffic control shall be placed in advance of the flagging operation in
accordance with the MUTCD Current Edition. In addition to the signs required by the MUTCD,
signs at regular intervals, warning of the presence of the Flagger shall be placed beyond the
point where traffic can reasonably be expected to stop under the most severe conditions for that
day's work.
FOUNDATION BACKFILL MATERIAL, TYPE I:
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207
of the Standard Specifications. No separate payment will be made for this material or its
placement. .
FOUNDA TIO~ BACKFILL 1\IA TERIAL, TYPE II:
Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and Section
207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the
Engineer. It shall also be used beneath all concrete box culverts. Quantities shall be measured
for payment in accordance with Georgia Standard 1030-D or as directed by the Engineer.
Payment shall be per cubic yard unless otherwise specified in the contract.
GRADES:
With the approval of the Engineer, grades may be field adjusted to provide for best drainage.
GRADING:
In contracts where grading, including excavation for drainage structures, is accomplished under
Section 210 (Grading Complete or Grading Per Mile) or Section 230 (Lump Sum Construction),
the Lump Sum amount bid will include all work necessary to obtain the line, grade and
compaction in accordance with the Specifications and other contract documents. There will be
no separate payment for any work of this nature including borrow and the removal of unsuitable
and/or unstable material. However, the Contractor shall make whatever investigations he deems
necessary to determine the extent of any borrow or removal necessary to meet contract
requirements. If it develops that removal of unsuitable/unstable materials quantities could not
have been predicted by the contractor from a reasonably thorough investigation' of project
conditions, the Contractor may request negotiation for payment for excavation of this nature in
areas where the depth exceeds three (3) feet below sub grade. The Owner wiII consider
negotiation only when this type of removal is excessive and the Contractor provides evidence
that he thoroughly investigated project conditions prior to entering his bid. Only those quantities
in excess of three (3) below finished sub grade and/or normal excavation for drainage structures,
ordered by the Engineer, will be considered for payment.
G - 6
.. GRASSING AND EROSION CONTROL:
The Contractor shall bid on grassing, lump suml and it shail be his responsibility to determine the
actual area to be grassed. No claims will be considered for extra compensation if the contractor
rdieson plan information to prepare his bid.
All slope areas are to be grassed unless shown otherwise on plans. Temporary grass is required
if permanent grass season is out.
The Contractor shall be responsible for all soil erosion and sediment control measures. All on- ,
site erosion control shall comply with local erosion and sediment control ordinances. The cost of
this v,,'ork shall be included in the cost of the project unless shown as a separate pay item.
All unpaved and natural areas that are disturbed by the construction of this project are to be
returned to the pre-existing shape and slope and then finished and -dressed. No separate payment
will be made for grassing, fertilizing, and mulching of disturbed areas, unless specifically shown
as a pay item.
Discontinued roads or other areas inside or outside the project construction limits, but within the
existing or required right~of-way, shall be obliterated and restored as nearly as possible to the
original contour of the ground (see Section 205 of the Standard Specifications). No separate
payment will be made for this work.
Where item number 700-5000 is shown as a pay item, Georgia Department of Transportation
specifications are modified to provide that the lump surri price bid shall be full payment for all
fertilizer, lime and nitrogen. No separate measurement for payment will be made for any work
or materials required to accomplish a stand of permanent grass.
If a satisfactory stand of permanent grass has not been obtained prior to the Final1nspection the
contractor shall begin watering and continue watering until a permanent stand. of grass is
accepted by the Engineer. Water sources shall include public streams and/or farm ponds if
Augu!J'ta Richmond County watering restrictions prohibit other sources. If for any reason
watering is not a viable option, the Contractor shall treat all unaccepted areas with loose sod as
described in Subsection 700,08A and 700.08C. There will be no additional pay for this work.
INFESTATION:
The entire project is considered to be within the limits of an insect infested area. The
contractor's attention is called to the following sections of the Standard Specifications: (A) 155
Insect control (B) 893 Miscellaneous Planting Materials.
INSPECTIONS:
This project will be inspected by the Engineer or his Representative.
LANDSCAPING:
All the requirements of Section 702 of the Georgia Department of Transportation Specifications,
current editionl are applicable to this project except as follows: there will be no separate pay for
staking, including Perimeter Staking and for Spring Application of Fertilizer. All costs shall be
included in prices bid for Landscape Items. Bag grown plants are not acceptable.
G -7
MAILBOXES:
Existing mailboxes that are in conflict with the proposed construction shall be removed and
relocated. Where feasible the existing mailboxes and supports maybe utilized as approved by
the Engineer so long> as the supports are of metal PIPE with a maximum diameter of two (2)
inches or wood, with a maximum diameter of four (4) inches.
NOTE: There shall be no supports of any matenal other than the two mentioned above. All
existing mailboxes and supports containing brick, masonry of any type, metal~ etc. shall be
disassembled and all components, not meeting the above requirements, shall be removed from'
the project and disposed in a proper manner.
When not shown as a pay item, payment shall be included in the price bid for Lump Sum
Construction and itemized as such.
MISCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction
Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or special design shall
be paid for Per Each. There will be no separate payment for 'additional depth unless specifically
shown. as a pay item. .
NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., with concrete
topslabs shall include manhole rings and covers. The Contractor shall install the manhole rings
and covers such that the steps can be easily accessed.
NORMAL \VORKING HOURS:
The nonnal working hours for ARC Inspectors are from 8:30 AM to 5:00 PM. When the
contractor elects to work outside these hours, he shall be billed for the Inspectors salary plus
benefits unless such work is initiated by.the Owner. The contractor may utilize a certified testing
company in lieu of the ARC Inspector when, approved by the Engineer. Payment for the
contractor's testing company will be the responsibility of the contractor. (See article below on
TESTING.
PATCHING AND REPAIR OF MINOR DEFECTS:
Where needed, the contractor is required to patch and repair existing potholes, minor pavement
defects, and base failures in accordance with the Specifications:
PAVEMENT CUTS:
> All pavement cuts shall be sawed with a neat vertical edge, regardless of material, consistently
straight enough that a roller can follow the edge precisely to achieve the desired compaction.
Irregular edges will not be accepted. Payment shall be included in the price ofthe pipe.
PAYMENT FOR PIPE CULVERT INSTALLATION:
1. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing
existing pavement and replacing the pavement as specified in accordance with Standard 1401.
2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B'~ concrete (See
Georgia Standard 9031-L).
G - 8
PIPE CULVERTS:
Unless otherwise noted, all storm drain, longitudinal and stub pipes are to be reinforced concrete.
All required pipe culverts shall be in accordance with Standard 1030-D.
Foundation Backfill Material Type I shall conform to Georgia Standard. 1030-D. No separate
pay item will be made for this material for its placement.
. .
Payment for pipe culvert or utility installation' includes sawing and/or cutting and removing
existing pavement, sidewalk, curbing, etc., and replacing same as specified in accordance with
Standard 1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B"
concrete and for construction concrete collars.
The Contractor shall include in his price bid for pipe, the additional cost of bends, tees, fasteners,
appropriate gaskets (see Section 848 of the Standard Specifications), and structure excavation. .
. PRECAST CONCRETE U~ITS:
Precast Concrete Units" other than those specifically allowed by Georgia Department of
Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc., shall not be
installed without written permission from the Engineer. Any such units installed without such
written permission shall be removed from the project.
RELOCATED WATER METERS:
Relocated water meters and water meter boxes may not be placed in the sidewalk.
REMOV AL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD:
It shall be the contractor's responsibility to remove and reset any and all existing ornamental
shrubs and bushes and sod in conflict with. proposed construction. Coordination with the
property owners is essential in this endeavor. The Contractor ,will not be held responsible for
care and maintenance after removing and resetting these plants and sod except in cases where the
Contractor's equipment causes irreparable damage or w"here plants and/or sod dies as the result
of negligence on the Contractor's part. l:tl which cases, the Contractor will be held responsible
for replacement. Sod shall be. reset with ground preparation in accordance with Subsection
700.05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall
remove the sod in a manner that will be conducive to insuring that the reset sod will live. At the
Contractor's option, he may replace any sod he removes with new sod of the same type. No
separate payment will be made for this work or replacements unless specifically shown as a pay
item.
REMOVING AND RESETTING OF OBSTRUCTIONS:
It shall be the Contractor's responsibility to remove and reset any and all obstructions, such as
fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns,
etc., which are in conflict with construction. Contractors are responsible for the security of pets
and/or personal property through the use of temporary fence if necessary. No separate payment
will be made for this work except when shown as a separate pay item.
RIGHT-OF-WAY AND EASEMENTS:
The Contractor shall not perfonn any work outside the limits of the right-of-way or easements.
In addition, no equipment or material shall be placed outside these areas without written
permission of both the property owner and the Engineer. In the event that the Contractor elects
G - 9
to utilize private property for any purpose comiected with the project, such as, but not limited to,
staging areas, equipment and/or material storage or simply as a convenience, he shall submit a
written agreement to the Engineer containing vital information such as limits of both area and
time the property is to be utilized and a description of the intended use. The agreement must be
signed by both the property owner and the Contractor and will be reviewed and recorded by the
Engineer. Such agreements must be submitted prior to the contractor's use of the property. .
All buildings located on newly. acquired RJW and/or easements shall be relocated by the
Contractor. Such buildings on existing R/W and/or easements shall be removed by the owner or
will become the property of the Contractor.
SALVAGEABLE MATERIALS:
As directed by the Engineer or his representative, all salvageable materials, such as drainage
pipe, which require removing but are not to be used on this project, are to be cleaned and stored
within the right-of-way by the Contractor. These materials shall be picked up and transported by
Augusta-RichmOlld County forces. The Contractor is responsible and shall make restitution to
Augusta-Richmond County for materials damaged through his negligence.
SAW CUTS:
When matching existing conditions, saw cuts shall be used as required by Augusta-Richmond
. County. Only saw cuts in Portland Cement Concrete, which are shown, as contract pay items
will be paid for separately. No saw cuts in asphaltic concrete will be paid for separately. Unless
specifically noted this does not apply to pipe trenches.
SOD:
Sod will not be paid for separately when used to match or replace sod on adjacent lawns as
replacement in kind. SeeGDOT specifications, subsection 700.04 E.
SPECIAL EVENTS:
When Special Events occur, such as the Augusta Masters Golf Tournament, all work shall be
safed up, shut down and maintained until the Engineer okays the resumption of work. No project
is exempt without the expressed approval of the Engineer. I f these type work stoppages impose
a hardship, contract time wise, consideration will be given to extending the contract time in an
amount commensurate with the delay caused by such work stoppages provided the Contractor
has otherwise pursued the work diligently. .
SPECIFICA TIONS, STANDARDS AND OTHER DATA:
All references in. this document, (includes all papers, writings, documents, drawings, or
photographs used, or to be used, in connection with this document), to State Highway of
Georgia, State. Highway Department, Highway Department, or Department when the context
thereof means the Georgia Department of Transportation means, and shall be deemed to mean,
Augusta-Richmond County, Augusta-Richmond County Commission-Council Department of
Engineering Services.
The data, together with all other information ShO\\-l1 on these plans, or indicated in any way
thereby, whether by drawings or notes or in any other matter, are based upon field investigations,
and are believed to be indicative of actual conditions. However, the same are shown as
information only, are not guaranteed, and do not bind Augusta-Richmond' Count)', Georgia in
any way. Only the actual quantities completed and accepted will be paid for. The attention of
the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard
G - 10
Specifications, of the Georgia Department of Transportation, current edition, which will be part
of this contract.
This project is based on, and shall be constructed in accordance with, The Georgia Department
of Transportation Standard Specifications Construction of Transportation Systems
Manual, The Georgia Manual, of Soil Erosion Control current editions and' any
supplements thereto (to be onsite at all times). All of these specifications shall be considered
as though fully contained herein. In cases where conflicts arise within these specifications, they
will be revised to resolve such conflict. Until the contlict is resolved,. the interpretation of the
Engineer shall control the situation.
SPEND OUT SCHEDULE:
A Spendout Schedule beginning 'with the Notice To Proceed and extending through the
anticipated. construction life of the project, shall be submitted at the Pre-Construction
Conference. Such schedule shall include the anticipated earnings on a monthly basis.
STORM DRAIN PIPE:
Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete
and shall include O-ring gaskets.
STORAGE BUILDINGS:
The existing sheds and/or building ShO\\-l1 to be relocated will be relocated by the contractor or
reconstructed as required outside of the easement as noted on the plans, Unless otherwise
speci fied, the costs associated with this shall be included in Bid Item 230-1000 Lump Sum
Constructions and described in the itemization of Lump Sum Construction.
SUB-CONTRACTORS:
The Contractor shall furnish the official name, plus the name and telephone number of the 24-
hour emergency contact of all firms he proposes to use as Subcontractors in the work. This
information is to be furnished at the Preconstruction Conference. How~ver, no work shall be .
done on this project. by a Subcontractor until the Contractor receives . approval of his
Subcontractor(s) from the Engineer.
NOTE: All submissions shall include the following infonnation for each Subcontractor:
1) Name of Subcontracting Firm
2) Description of Work To Be DOlle
3) Contact Person's Name and 24 Hour Phone Number
TESTING OF THE WORK:
The Contractor shall employ a qlJalified materials testing laboratory to monitor more fully the
quality of materials and work and to perform such tests as may be required under the contract
documents as conditions for acceptance of materials and work. THE ENGINEER MAY
ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF
THE WORK.
All test results are to be submitted to the Engineer. No separate payment will be made for
employing the testing laboratory or any required tests.
G - 11
TEST ROLLiNG:
Prior to placing any base course, the sub grade shall be test rolled on six feet centers using a
loaded dump truck or other equipment approved by the Engineer.
TRAFFIC. CONTROL:
The Contractor shall provide construction signs in accordance with requirements of "Manual on
Uniform Traffic Control Devices for Streets and Highways"; current edition with added
supplements and special provisions.,
The attention of the Contractor is specifically directed to Subsection 107.09 of the Standard
Specifications regarding barricades, danger, warning, and detour signs.
All temporary signs, barricades, flashing lights, striping and any other traffic control devices
required during construction of this project shall meet all requirements of the M.U.T.C.D.,
current edition, as directed by the Engineer and be furnished by the Contractor with payment in
accordance with Section 150.
The Contractor shall so conduct his' operations that there will be a minimum of interference with,
or interruption of, traffic on the travel way. This applies to the initial installation and the
continuing maintenance and operation of the facility. At least one-lane, two-way, 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.
The Contractor shall provide all temporary traffic control devices needed to safely direct traffic
through the construction area.
All temporary traffic control devices are to be placed in accordance \vith Georgia Department of
Transportation Standards and Specifications.
TRAFFIC DETOURS:
Where detours are required and in accordance with Section 150 of the Standard Specifications
and any Supplements thereto, the Contractor shall file for approval a detour plan of operation for
this project. This plan shall include details of staging and rerouting of traffic including estimated
length oftime for use of the detours.
The Contractor shall so conduct his operations that there wi 11 be a minimum of interference with,
or interruption of, traffic upon and along the roadway. This applies to the initial installation and
the continuing maintenance and operation of the facility. At least one-lane, two-way 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.
UTILITIES:
All utility facilities except those owned by Augusta Utilities Department which are in conflict
with construction, not covered as specified items in the detailed estimate, are to be removed and
relocated to clear construction by the respective owners with the exception of Augusta Utilities
and Augusta Traffic Engineering unless added later to the contract as a supplemental item. All
"above ground" utility structures '\-'lill be located as near as possible to the right-of-way line.
G - 12
The Contractor will not be paid for any delays or extra expense caused by utility facilities
obstructions or any other items not being removed or relocated to clear construction in advance
of his work. .
All known utility facilities are shown schematically on the plans, and not necessarily accurate in
location as to. plan or elevation. Utility facilities such as service lines or unknown facilities not
shown on the plans will not relieve the Contractor of his responsibility under this requirement
except as noted below. "Existing Utility Facilities" means any utility facility that exists on the
highway project in its origimil, relocated or newly installed position. Other than service lines
from street mains to the abutting property the contractor will not beheld responsible for the cost
.of repairs to damaged underground utility facilities when such facilities are not shown on the
plans and their existence is unknown to the Contractor prior to the damage occurring, providing
the Engineer determines the Contractor has otherwise fully complied with the Specifications. .
The Contractor shall use the one-call center telephone n~mber 1-800-282-7411 for the purposes
of coordinating the marking of underground utilities.
The Contractor's attention is directed to the probability of encountering private utility
installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems,
gas and underground telephone cables that either are obstructions to the execution of the work
and need to be moved out of the way or, if not, must be properly protected during construction.
No separate payment will be made for this work. Public utilities of this nature except Augusta
Utilities and Augusta Traffic Engineering will be handled by the utility owner.
G - 13
THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK
BEGINS: .
(Contacts revised July 12,2007)
Atlanta Gas Light Company
1840 Wylds Road
Augusta, GA 30913
Phone: (706)481-1452
Fax: (706) 481 -1495
Attn: Carl Corley
Bell South
3841 Wrightsboro Road
Augusta, GA 30909
Phone: (706)228 -5203
Fax: (706) 855.1917
Attn: Austin Sapp
Knology of Augusta
3714 Wheeler Road
Augusta, GA 30909
Phone: (706) 364-1015
Fax: (706) 364-1011
Attn: Richard Strength
Comcast Communications
P.O. Box 3579
Augusta, GA 30904.
Phone: (706) 739 -1865
Fax: (706) 733 - 6942
Attn: Kevin O'Meara
Augusta Richmond County Utilities
360Bay Street, Suite 180
Augusta,GA 30901
Phone: (706) 312-4132
Fax: (706) 312-4133
AUn: Russell Thies.
Georgia Power
290 North Peachtree Street
P.O. Box 188
Lincolnton, GA 30817
(706) 836-0130
(706) 359-6115
Attn: Mr. Al Danner
Jefferson Energy Cooperative
P.O. Box 457
Wrens, GA 30833
Phone: (706) 547-5019
Fax:' (706) 547-5051
Attn: Mike Wasden
KMC Telephones
(706) 821 -2522
Attn:Dennis Horviel '
. UTILITY ACCOMMODA TIO~ POLICY:
In so far as possible, work shall be scheduled so that open excavations will not be left overnight.
Where trenches, pits or other excavations are within the clear roadside areas and cannot be
backfilled before leaving the job site, they shall be covered by timbers or metal plates and
protected by reflectorized and/or lighted barricades as appropriate arid. as directed by the
Engineer. . Barricades sufficient to prevent a person from falling into an excavated or work area
must be erected in areas where these conditions exist.
WARRANTY:
Unless otherwise specified, all contract work is subject to a 12-month warranty. The 12-month
warranty is hereby modified to include the following: Any repairs~ correctlons or modifications
performed within the last six months of the original 12-month warranty shall have the original
12-month warranty extended 180 calendar days past the date of such repairs, corrections or
modifications.
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