HomeMy WebLinkAboutRae's Creek Section III
Augusta Richmond GA
DOCUMENT NAME: '(aeS C'(eeK SeC-DOn \ \ \
DOCUMENT TYPE: ~()(ji-
YEAR:
BOX NUMBER: c9d
FILE NUMBER: \ 1 dS \
NUMBER OF PAGES:
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CONTRACT DOCUMENTS
FOR
RAE'S CREEK SECTION III
.. ,
III
PROJECT NO.:
326-04-288811357
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LIST OF PROJECT DOCUMENTS
Rae's Creek Section III
Project Number: 326-04-288811357
SECTION
PAGES
Instruction to Bidders
IB-I thru IB-3
Georgia Prompt Pay Act
PPA-I
Minority and Economically
Disadvantaged Business Support
ME-I
Special Conditions
SP-I
Right Of Way Considerations
RC-I
Agreement
A-I thru A-4
General Conditions
I thru 33
Supplementary Conditions
SC-I thru SC-2
Proposal
P-I thru P-4
General Notes
G-l thru G-17
Comprehensive Monitoring Program
CM-I thru CM-4
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SECTION IB
INSTRUCTION TO BIDDERS
IB-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 bids. 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 Prior to the time stated any proposal may be withdrawn at the discretion of
the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids
have been opened, pending the execution of contract with the successful bidder.
IB-02
EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy himself as to the nature
and location of the work, the conformation of the ground, the character, quality and
quantity of the facilities needed preliminary to and during the prosecution of the work,
the general and local conditions, and all other matters which can in any way affect the
work or the cost thereof under the contract. No oral agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of the
contract, shall affect or modify any of the terms or obligations therein.
IB-03
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other prebid
documents will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to the
Director of Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, and to be
given consideration must be received at least seven working days prior to the date fixed
for the opening of bids. Any and all such interpretations and any supplemental
instructions will be in the form of written addenda to the specifications which, if issued,
will be sent to the Augusta-Richmond County Purchasing Director at least five
working prior to the date fixed for the opening of bids. The Purchasing Director
shall send by certified mail with return receipt requested to all prospective bidders (at
the respective addresses furnished for such purposes), not later than three working days
prior to the date fixed for the opening of bids. Failure of any bidder to receive any such
addendum or interpretation shall not relieve such bidder from any obligation under his
bid as submitted. All addenda so issued shall become part of the Contract Documents.
IB-l
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IB-04
PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the
bidder or his authorized representative. Any corrections to entries made on bid forms
should be initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid forms, unless
specific directions in the advertisement, on the bid form, or in the special specifications
allow for partial bids. Failure to quote on all items may disqualify the bid. When
quotations on all items are not required, bidders shall insert the works "no bid" where
appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already
submitted will be allowed if submitted by telegraph prior to the time fixed in the
Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the
total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all
owners. Bids of corporations will be signed by an officer ofthe firm and his signature
attested by the secretary thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bonds is required in all cases.
IB-OS
BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended, which
will include and cover the furnishing of all material and the performance of all labor
requisite or proper, and completing of 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 bids. While they are believed to be close
approximations, they are not guaranteed. It is the responsibility of the Contractor to
check all items of construction. In case of error in extension of prices in a proposal, unit
bid prices shall govern.
IB-2
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ill-06
BIDDER'S OUALIFICATIONS
No proposal will be received from any bidder unless he can present
satisfactory evidence that he is skilled in work of a similar nature to that covered by the
contract and has sufficient assets to meet all obligations to be incurred in carrying out the
work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL
EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to
working capital available, plant equipment, and his experience and general qualifications.
The owner may make such investigations as are deemed necessary to determine the
ability of the bidder to perform the work and the bidder shall furnish to him all such
additional information and data for this purpose as may be requested. The Owner
reserves the right to reject any bid if the evidence submitted by the bidder or investigation
ofhim fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein. Part of the
evidence required above shall consist of a list of the names and addresses of not less than
five (5) firms or corporations for which the bidder has done similar"work.
ill-O?
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 doing of the work specified, and for compliance with the laws pertaining
thereto. Said bond shall be for the amount ofthe 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 of attorney.
IB-08
REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as
soon as practicable, provided satisfactory bids are received. The right is reserved,
however to waive any informalities in bidding, to reject any and all proposals, or to
accept a bid other than the lowest submitted if such action is deemed to be in the best
interest of the Owner.
ill-3
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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 document, 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.
PPA-I
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MINORITY AND ECONOMICALLY DISADV ANT AGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County-Council to increase the
involvement of qualified minority and economically disadvantaged businesses in the
contracted work of County Government.
In an effort to support this intention, this project is offered to all qualified firms.
The bids will be evaluated based on qualifications, price and construction time. With all
other items being considered equal, the contract, if awarded, will be awarded to a
minority and economically disadvantaged firm or a firm that has included such firms as
subcontractors on this project.
The bidder.s shall include with their bid, a statement of qualification for
themselves and/or any qualified subcontractors explaining why they should be considered
a minority or economically disadvantaged firm. If the firm does not fall into this
category, no information is necessary.
ME-I
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RAE'S CREEK SECTION III
SPECIAL CONDITIONS
SCOPE:
This project includes roadway improvements, drainage channel
improvements and sanitary sewer relocation.
LUMP SUM CONSTRUCTION:
Item 230-1000 Lump Sum Construction includes, but is not limited to the
following: Bonds, insurance, locating, maintaining and reclaiming borrow
and/or disposal areas, construction staking, removals and relocations not
covered by a separate pay item, sawing pavement, removing and resetting
of other obstructions, and any other item not covered by a specific pay
item. The contractor shall submit an itemized breakdown of all items
included in the price bid for Lump Sum Construction. This includes all
items for which there are no specific pay items. This will provide
accuracy when partial payments are requested for Lump Sum
Construction.
NOTE:
All bidders should pay special attention to all work described in Right Of
Way Considerations, specifically RCl, because this work is also included
in Lump Sum Construction.
STAND OF PERMANENT GRASS:
If a satisfactory stand of permanent grass has not been obtained prior to
the Final Inspection the contractor shall begin watering and continue
watering until a permanent stand of grass is accepted by the engineer.
Water sources shall be public streams and/or farm ponds if Augusta
Richmond County watering restriction prohibit other sources. If for any
reason watering is not a viable action, the contractor shall treat all
unacceptable areas with loose sod as prescribed in Subsection 700.08A
and 700.08C. There will be no additional payment for this work.
SP-l
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RIGHT OF WAY CONSIDERA TrONS
The property located at 2529 Tupelo Drive contains a rock garden and statue with
pedestal in the rear yard which is to be moved to a new location in the rear yard marked
by a stake. They are to be protected during construction. This consideration will be paid
for under Lump Sum Construction.
RC-l
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SECTION A
AGREEMENT
THIS AGREEMENT, made on the ~ day of t.fzA-! , 20tBby and between City
of Augusta party ofthe 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:
RAE'S CREEK SECTION III
PROJECT NUMBER: 326-04-288811357
And in accordance with the requirements and provisions of the Contract Documents as
defined in the General and Special Conditions hereto attached, which are hereby made a
part of this agreement.
ARTICLE II - TIME OF COMPLETION - LIOUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within 10
Calendar days after the date of written notice by the Owner to the Contractor to proceed.
All work shall be completed within 180 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.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE
THE WORK WITIllN 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
A-I
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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 Five Hundred Dollars ($500), 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 definite 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 ill - 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
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Revised (7/1/99)
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
signahrre, stating that the work required by this Contract has been
completed and is accepted by him under the terms and conditions thereof,
and the entire balance found to be due the Contractor, including the
retained percentage, shall be paid to the Contractor by the owner within 15
days after the date of said final certificate.
(b) Before final payment is due, the Contractor shall submit evidence
satisfactory to the Engineer that all payrolls, material bills, and other
indebtedness connected with work have been paid, except that in case of
disputed indebtedness of liens of evidence of payment of all such disputed
amounts when adjudicated in cases where such payment has not already
been guaranteed by surety bond.
(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 work has been substantially completed, full completion thereof
is materially delayed through no fault of the Contractor, and the Engineer,
so ce11ifies, 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
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first
mentioned above.
AUGUSTA-RICHMOND COUNTY
COMMISSION-COUNCIL
(Owner)
By:
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SEAL
Commission Council Attest
sta-Richmond
Secretary
Witness
CONTRACTOR: -:5/.:-:- C::;.-.s-/,.""d-,.o.-.. ~ .
,
By: U/tit/l~~ I( ~~A')
Title:
~/"t!:) ,dcSl-7 +-
SEAL
Attest ~ '--h7~
Address: ~o. l3o'Y- 7' 0
&-=-'s 6A Yo go"'!
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Secretary
~5.~~
Witness
A-4
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Bond No. 929 301 707
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PERFORMANCE BOND
Conforms with The American Institute of Architects
A.I.A. document No. A-311
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KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here insert full name and address or legal title of Contractor)
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as Principal, hereinafter called Contractor, and, Western Surety Company, CNA Plaza. Chicaqo, Illinois 60685
(Here insert full name and address or legal title of Surety)
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as Surety, hereinafter called Surety, are held and finnly bound unto Augusta-Richmond County Commission, 530 Greene
St./Municipal Building, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Eight Hundred Ninety Seven Thousand Eight Hundred Ninety Four
and 80/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ Dollars ($ 897,894.80 ).
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated
entered into a contract
with Owner for Rae's Creek Channel Improvements, Phase III
(Here insert full name, address and description of project)
in accordance with Drawings and Specitications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter refen-ed to as the Contract.
1219/GEEF 10/99 Page 1 of 2
Sby '1<...~ /0. ~.1A.d~~resident
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PERFORMANCE BOND
929 301 707
I NOW, THEREFORE~ Tf:JE CONDITION OF ~HIS OB~IG.A TION is ~uc.h that, if Contractor shall promptly and faithfully perfonn saic
Contract, then this obligatIOn shall be null and vOId; otherwIse It shall remam 111 full force and effect.
I The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
I Whenever Contractor shall be, and declared by Owner to be
in default under the Contract, the Owner having performed
Owner's obligations thereunder, the Surety may promptly remedy
I the default, or shall promptly
I) Complete the Contract in accordance with its terms and
conditions. or
12) Obtain ~ bid or bids for completing the Contract in accordance
with its terms and conditions, and upon determination by Surety of
Ithe lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and
lowner, and make available as Work progresses (even though there
should be a default or a succession of defaults under the
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day of
Signed and sealed this
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(Witness)
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(Witness)
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1219/GEEF 10/99
Page 2 of 2
contract or contracts of completion arranged under this paragraph:
sufficient funds to pay the cost of completion less the balance of tht
contract price; but not exceeding, including other costs and damage~
for which the Surety may be liable hereunder, the amount set forti'
in the first paragraph hereof. The term "balance of the contracl
price," as used in this paragraph, shall mean the total amounl
payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to
Contractor.
Any suit under this bond must be instituted before the
expiration of two (2) years from the date on which final payment
under the Contract falls due.
No right of action shall accrue on this bond to or for the use of
any person or corporation other than the Owner named herein or the
heirs, executors, administrators or successors of the Owner.
4",/
, 200,/-.
Blair Construction, Inc., PO Box 770, Evans,
Georgia 30809
(Seal)
(Principal)
04,t;:; /l !J1d~ ,
(Title)
Western Surety Company, CNA Plaza,
Chicago, IJ/inois 60685
(Seal)
(Surety)
13"" ;" ~'i!-
Buck Leigh, Atto ey-in-Fact
(Tltl e )
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I LABOR AND MATERIAL PAYMENT BOND
Conforms with The American Institute of Architects
A.I.A. Document No. A-311
Bond No. 929 301 707
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THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
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KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here Insert full name and address or legal title of Contractor)
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as Principal, hereinafter called Principal, and, Western Surety Company, CNA Plaza, Chicaqo. Illinois 60685
(Here insert full name and address or legal title of Surety)
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as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commsission, 530 Greene
I St./Municipal Building, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner)
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as Obligee, hereinafter called Owner, for the Lise and benefit of claimants as hereinbelow defined, in the amoLlnt of Eight Hundred
Ninety Seven Thousand Eight Hundred Ninety Four and 80/100 - - - - - - - - - - - - - - _. Dollars ($ 897,89480 .).
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for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, fimlly by these presents.
WHEREAS,
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Principal has by written agreement dated
entered into a contract
I with Owner for Rae's Creek Channel Improvements, Phase III
(Here insert full name, address and description of project)
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in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)1
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which contract is by reference made a part hereof, and is hereinafter refelTed to as the Contract.
S.1220/GEEF 10/99
Page 1 of 2
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LABOR AND MATERIAL PAYMENT BOND
929 301 707
Low, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that:, if Principal shall promptly make payment to all claimants as hereinafter
dcfined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall
lemain in full force and effect, subject, howeveL to the following conditions:
I. A claimant is defined as one having a direct contract with the
~rineiPal or with a Subcontractor of the Principal for labor, material, or
oth, used or reasonably required for use in the performance of the
ontraet, labor and material being construed to include that part of water,
gas, poweL light:, heal, oil, gasoline, telephone service or rental of
IquiPment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and
leverallY agree with the Owner that every claimant as hercin defined, who
las not been paid in full before the expiration of a period of ninety (90)
ays after the date on which the last of such claimant's work or lahar was
done or performed, or materials were furnished by such claimant, may sue
am this bond for the use of such claimant. prosecutc thc suit to final
.judgment for such sum or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable for the payment of any
lasts or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
I) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of thc following: the
,rinciPal, the Owncr, or the Surety above named, within ninety (90) d.ays
fter such claimant did or performed the last of the work or laboL or
furnished the last of the materials for which said claim is made, stating
with substantial accuracy the amount claimed and the name of the pany to
IVhom the materials
Isigned and sealed this
15'T!f.
day of
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(Witness)
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(Witness)
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1-1220/GEEF 10/99
Page 2 of 2
were furnishcd, or for whom the work or labor was done or performed.
Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in lln envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for
the transaction of business. or scrvcd in any manner in which legal process
may be served in thc state in which the aforesaid project is located. save
that such service need not be made by a public officer.
b) After the expiration of one (I) year following the datc on which Principal
ceased Work on said Contract, it being understood, however. that if any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof such I imitation shall be deemed to be amended so as to
be equal to the minimum period of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county
or other pol itical subdivision of the state in which the Project, or any part
thereof, is situated, or in the United States District COUlt for the district in
which the Project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of
any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed of record against
said improvement. whether or not claim for the amount of such lien be
presented under and against this hand.
4rl/
/
'2oo~
Blair Construction, Inc., PO Box 770, Evans,
Georgia 30809
(Seal)
(Principal)
"k)dt~_ L( /J{t.z~',,^ ,
p...es I d 9~-f- "
critIc)
Western Surety Company, CNA Plaza,
Chicago, Illinois 60685
(Seal)
(Surety)
~""", ~ J;;t~...
Buck Leigh, Atto y-in-Fact
(Title)
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NOTICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by anyone or
more of the following companies (collectively the "Writing Companies") as surety or
insurer: Western Surety Company, Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance Company
of Hartford, American Casualty Company of Reading, P A, The Firemen's Insurance
Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was Zero
Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding the
applicable surety/insurer deductible.
Form F7310
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Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation. is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Janet W Combee, Jennifer D Dinkins, Kimberly P Turner, Buck Leigh, Individually
of. Columbia, SC, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conf"rred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as ifsuch instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-uw printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Executive Vice President and its corporate seal
to be hereto affixed on this 4th day of June, 2001.
WESTERN SURETY COMPANY
~':':'"ti~d,"(
State of South Dakota
County of Minnehaha
} ss
On this 4th day of June, 2001, before me personally came Stephen T. Pate, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that. he is the Executive Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such cO'l'orate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said COllloration.
My commission expires
t..............-......----- t
J J. MOHR I
J~NOTARY PUBLIC~f
.1~SOUTH DAKOTA~~
1 My COlDln."lo. ElpirU 10.22.2000 )
+~""""""".....to.,U.h"""'''+
q 7?1 ~,.:!mryPtibJ;'
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I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is S\i11 in
force, and further certify that the By-Law of the COllloration printed on the reverse hereof is still in force. In testimony whereof I have hereunto subsc~bed
-rHo /7'
my name and affixed the seal of the said corporation this Is' - day of Hpl".j , 2004- .
I
October 22, 2005
CERTIFICATE
WESTERN SURETY COMPANY
g: ~~I'~S'=""
Fonn F4280-04-Cl
I 3/26/2004 9: 34 AM
ACDB.Q CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY)
03/26/2004
PRODUCER (770)246-8300 FAX (770)246-8301 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Sutter, Mclellan & Gilbreath, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3861 Holcomb Bridge Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Norcross, GA 30092-2205
Linda Mitchell CIC INSURERS AFFORDING COVERAGE NAlC#
INSURED Blair Construction, Inc. INSURER A: Bituminous Casualty Corp
Evans Grading & Paving INSURER B:
P. O. Box no INSURER c:
Evans, GA 30809 INSURER D:
INSURER E:
9,17068681855
002
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COVI=~AGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II~~ D~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pg~fJ ~~,b=N L1MrrS
",iSR
GENERAL UABIUlY ClP3183029B 02/14/2004 02/14/2005 EACH OCCURRENCE $ 1. 000. 000
X COMMERCiAl GENERAl LIABILITY DAMAGE TO RENTED $ 50,00
I ClAIMS MADE o OCCUR MED EX? (A~ one parson) $ 5,000
A X Pollution liabilit PERSONAL 8. ADV INJURY $ 1 000 000
-
GENERAL AGGREGATE $ 2,000 000
-
GEN'L AGGREGATE LIMIT APPliES PER: PRODUCTS - COMPIOP AGG $ 2,000,000
I n PRO- nLOC
POLICY JECT
AIJTOMOBILE LIABilITY CAP3183028B 02/14/2004 02/14/2005 COMBINED SINGLE LIMIT
- $
X A/oNAUTO (Ee accident) l,OOO,OO(]
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
A X
HIRED AUTOS BODILY INJURY
:K $
NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(f'9fil~tide,ptl.
. .- ..........,.....
GARAGE lIABILITY . 'AUTQ i~jf9fc,h,,\CCIDENT $
R AN( AUTO ~ ;.. -'"}, ..-:.... ':-.:-' EA ACC $
. .QTHER:fHAN, .
AUTO:ONL Y' AGG $
EXCESSlUMBRElLA llABlUlY . CUP2572910 02/14/2004 02/14/2005 EACH OCCURRENCE $ 2.000 OOC
tKI OCCUR 0 ClAIMS MADE AGGREGATE $ 2,000,OOC
A $
M DEDUCTiBlE $
X RETENTION $ 10, 000 $
WORKERSCOMPENSATIONANO WC3183027 02/14/2004 02/14/2005 X I ~lr~Ws I 10TH-
ER
EMPLOYERS' LIABILITY 500 000
A AN( PROPRIETORPARlNERlEXECUTIVE , EL EACH ACCIDENT $
1
OFFICERlMEMBER EXClUDED? EL DISEASE - EA EMPlOYEE $ 500,000
ff /i:s. descrtbe under 500 000
S ECIAL PROVISIONS below E.l. DISEASE. POLICY LIMIT $
OTHER
~ESCRJPTlON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS $897,894.80.
roj: Rae's Creek Channel Improvements, Section III, Augusta, GA, Contract AMount
,
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I CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELlED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER W1U ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
Augusta, GA Conunission BIJT FAILURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBUGATlON OR LIABILITY
Room 605 Municipal Building OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Augusta, GA 30911 AUTHOR~DREPRESENTATNE ~-kCAr--
Mark Javnes CSP/lINDAM
CANCELLATION
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ACORD 25 (2001/08)
@ACORDCORPORATION 1988
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number Title PaRe
DEFINITIONS..... ...... ........... . . .. ......... ........ . . ... ...... 7
2 PRELIlI.HNARY MATTERS ........................................ 8
3 CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE............................... 9
4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS. .......................... ...... . ...... ..... . 10
5 BONDS AND INSURANCE........................................ 11
6 CONTRACTOR'S RESPONSIBILITIES ............................ 14
7 OTHER WORK ................ ..................................... 18
8 OWNER'S RESPONSIBILITIES.................................... 19
9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19
10 CHANGES IN THE WORK......................................... 21
II CHANGE OF CONTRACT PRICE.................................. 21
12 CHANGE OF CONTRACT TIME................................... 24
13 WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK..... ............. . .. ...... 24
14 PA YMENTS TO CONTRACTOR AND COMPLETION ............ 26
15 SUSPENSION OF WORK AND TERMINATION....... .......... 29
16 ARB ITRA TION ..................................................... 31
17M I S C ELLA N EO US. .. . .. .. . .. .. . . . . . . .. . .. . .. .. . .. .. .. . .. . .. . .. .. . . 32
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INDEX TO GENERAL CONDITIONS
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Artidt! or Paragraph
Numbt!r
Acceptance of Insurance ............................. 5.13
Access to the Work .................................. 13.2
Addenda-definition of (see definition of
Specifications) ......................................... 1
Agreement-definition of ................................ 1
All Risk Insurance..................................... 5.6
Amendment. Written ............................. 1. 3.1.1
Application for Payment-definition of .................. 1
Application for Payment. Final ...................... 14.12
Application for Pregress Payment .................... 14.2
Application for Progress Payment-review of .... 14.4-14.7
Arbitration ............................................. 16
Authorized Variation in Work ......................... 9.5
Availability of Lands .................................. 4.1
A ward. Notice of-<iefined .............................. 1
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Before Starting Construction ...................... 2.5-2.7
Bid-<iefinition of ....................................... 1
Bonds and Insurance-in general ........................ 5
Bonds--definition of . . . . . .. . .. . . . . . .. .. .. . . . .. .... . . . . ... 1
Bonds. Delivery of ................................ 2.1. 5.1
Bonds. Performance and Other .................... 5.1-5.2
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Cash Allowances ..................................... 11.8
Change Order-definition of ...... .. .. .. .. .. .. .. .. .. .. ... I
Change Orders-to be executed ...................... 10.4
Changes in the Work ................................... 10
Claims. Waiver of-on Final Payment ............... 14.16
Clarifications and Interpretations ...................... 9.4
Cleaning ............................................. 6.17
Completion. .. .. . . ................ ...................... 14
Completion. Substantial......................... 14.8-14.9
Conference. Preconstruction .......................... 2.8
Conflict. Error. Discrepancy-Contractor
to Report ...................................... 2.5. 3.3
Construction Machinery. Equipment. etc. ............. 6A
Continuing Work ..................................... 6.29
Contract Documents-amending and
supplementing ............ ,...................... 3.4-3.5
Contract Documents--definition of ....................... 1
Contract Documents-Intent ...................... 3.1-3.3
Contract Documents-Reuse of ....................... 3.6
Contract Price. Change of .............................. 11
Contract Price-definition ............................... 1
Contract Time. Change of .............................. 12
Contract Time. Commencement of .................... :.3
Contract Time-definition of ............................ 1
Contractor-dennition of ................................ 1
Contractor May StOp Work or Terminate ............. 15.5
Contractor's Continuing Obligation........ .......... 14.15
Contractor's Duty to Report Discrepancy
in Documents .................................. :.5. 3.2
Contractor's Fee-Cost Plus ... 11.4.5.6. 11.5.1. 11.6-11. i
Contractor's Liability Insurance....................... 5.3
Contractor's Responsibilities-in general ................ 6
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Contractor's Warranty of TitJe ........................ 14.3
Contractors--<lther ...................................... 7
Contractual Liability Insurance ........................ 5.4
Coordinating Conrractor-definition of ................ 7.4
Coordination .......................................... 7.4
Copies of Documents .................................. 2.:
Correction or Removal of Defective Work ........... 13.11
Correction Period. One Year ........................ 13.12
Correction. Removal or Acceptance of Defective
Work-in general ........................... 13.11-13.14
Cost-net decrease ................... ~ . .. .. .. .. .. .. 1 1. 6.2
Cost of Work.................................... 11.4-11.5
Costs. Supplemental. . . . . . . . . . . . . . . .. . . .. . . . . . . . . . .. 11.4.5
Day-definition of ................................... . . .. 1
Defecrive-definition of ................................. 1
Defecrive Work. Acceptance of ...................... 13.13
Defecrive Work. Correction or Removal of .......... 13.11'
Defecrive Work-in general ............... 13. 14.7. 14.11
Defecrive Work. Rejecting..... . ... .... ........ . '" .... 9.6
Definitions .............................................. 1
Delivery of Bonds ..................................... 2.1
Determination for Unit Prices ........................ 9.10
Disputes. Decisions by Engineer... .......... .... 9.11-9.12
Documents. Copies of .......... .. .. .. . .. ... .. . .. . .. ... 2.2
Documents. Record.................................. 6.19
Documents. Reuse .................................... 3.6
Drawings-definition of ................................. 1
Easements ............................................ 4.1
Effective date of Agreement-definition of..... .... .... .. 1
Emergencies ......................................... 6.11
Engineer-definition of .................................. 1
Engineer's Decisions ............................ 9. 10-9. 12
Engineer's-Notice Work is Acceptable............. 14.13
Engineer's Recommendation of Payment ...... 14.4. 14.13
Engineer's Responsibilities. Limitations
on ................. 6.6 , 9 .11 ,9. 13 -9. 16, 18 . 2
Engineer's Status During ConstTUction-in general ...... 9
Equipment. Labor. Materials and. .... . ..... ... . ... 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
Explorations of physical conditions ................... 4.2
Fee. Contractor"s-CoSts Plus......... ............... 11.6
'Field Order-definition of ............................... I
Field Order-issued by Engineer ................ 3.5.1. 9.5
Final Application for Payment ....................... 14.12
Final Inspection ..................................... 14.11
Final Payment and Acceptance ...................... 14.13
Final Payment. Recommendation of ........... 14.13-14.14
General Provisions.............................. 17.3-li.4
General Requirements-definition of..... .... .. .,. ... : . .. I
General Requirements-principal
references to ................. 2.6. 4.4. 6.4. 6.6-6.7. 6.23
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Giving Notice........................................ 17.1
Guarantee of Work-by Contractor................... 13.1
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Indemnification. .. .. .. .... . .. ... .. . .. . . .. ... 6.30-6.32. 7.5
Inspection, Final .....................................14.11
Inspection. Tests and ................................. 13.3
Insurance, Bonds and-in general ....................... 5
Insurance. Certificates of ........................... 2.7. 5
Insurance-<:ompleted operations...................... 5.3
Insurance. Contractor's Liability ...................... 5.3
Insurance. Contractual Liability ....................... 5.4
Insurance. Owner's Liability .......................... 5.5
Insurance. Property.............................. 5.6-5.13
Insurance-Waiver of Rights ......................... 5. I 1
Intent of Contract Documents ................... 3.3. 9.14
Interpretations and Clarifications ...................... 9.4
Investigations of physical conditions. . . . . . . . . . . . . . . . . .. 4.2
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Labor. Materials and Equipment .................. 6.3-6.5
Laws and Regulations-deflnition of ..................... I
Laws and Regulations-general.... . ....... ....... .... 6.14
Liability Insurance-Contractor's ..................... 5.3
Liability Insurance-Owner's ......................... 5.5
Liens-definitions of ................................ 14.2
Limitations on Engineer's
Responsibilities ..................... 6.6,9.11. 9.13-9.16
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Materials and equipment-furnished by Contractor .... 6.3
Materials and equipment-not
incorporated in Work .............................. 14.2
Materials or equipment~quivaJent ................... 6.7
Miscellaneous Provisions ............................... 17
Multi-prime contracts ................................... 7
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Notice. Giving of ..................................... 17.1
Notice of Acceptability of Project ................... 14.13
Notice of Award~efinition of .......................... I
Notice to Proceed~efinition of . .. ............ . . .. . . .... I
Notice to Proceed-giving of .......................... 2.3
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"Or-Equal" Items................. . .... .... ... . . .. . ... 6.7
Other contractors ....................................... 7
Other work .............................................. 7
Overtime Work-prohibition of ....... .......... .. .. ... 6.3
Owner~efinition of .................................... 1
Owner May Correct Defective Work................. 13.14
Owner May Stop Work............................:. 13.10
Owner May Suspend Work. Terminate .......... 15.1-15,4
Owner's Duty to Execute Change Orders............. 11.3
Owner's Liability Insurance........................... 5.5
Owner's Representative-Engineer to serve as ........ 9.1
Owner's Responsibilities-in general .................... 3
Owner's Separate Representative at site............... 9.3
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Partial Utilization .................................. 14.10
Partial Utilization~efinition of ......................... I
Partial Utilization-Property Insurance............... 5.15
Patent Fees and Royalties ............................ 6.12
Payments. Recommendation of ........... 14.4-14.7.14.13
Payments to Contractor-in general .................... 14
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Payments to Contractor-when due ........... 14.4. 14. I3
Payments to Contractor-withholding ................ 14.7
Performance and other Bonds ..................... 5.1-5.2
Permits............. ................ .................. 6.13
Physical Conditions ................................... 4.2
Physical Conditions-Engineer's review............. 4.2.4
Physical Conditions-<xisting strUctures... . . .. . . .. .. 4.2.2
Physical Conditions-<xplorations and repons ....... 4.2.1
Physical Conditions-possible document change ..... 4.2.5
Physical Conditions-price and time adjustments .... 4.2.5
Physical Conditions-report of differing ............. 4.2.3
Physical Conditions-Underground Facilities .......... 4.3
Preconstruction Conference ........................... 2.8
Preliminary Matters ..................................... 2
Premises. Use of ................................ 6.16-6.18
Price. Change of Contract .............................. II
Price-Contract~efinition of ............................ I
Progress Payment. Applications for................... 14.2
Progress Payment-retainage ...................... ... 14.2
Progress schedule ............... 2.6.2.9.6.6.6.29. 15.2.6
Project~efinition of .................................... I
Project Representation-provision for ................. 9.3
Project Representative, Resident~efinition of .......... I
Project. Starting the ................................... 2.4
Property Insurance............................... 5.6-5.13
Property Insurance-Partial Utilization ............... 5.15
Property Insurance-Receipt and Application
of Proceeds ................................... 5.12-5.13
Protection. Safety and ........................... 6.20-6.21
Punch list ........................................... 14.11
Recommendation of Payment. ................. 14.4. 14.13
Record Documents ................................... 6.19
Reference Points ...................................... 4.4
Regulations. Laws and ............................... 6.14
Rejecting Defective Work ............................. 9.6
Related Work at Site .............................. 7.1-7.3
Remedies Not Exclusive ............................. 17.4
Removal or Correction of Defective Work ........... 13. II
Resident Project Representative~efinition of ........... I
Resident Project Representative-provision for........ 9.3
Responsibilities. Contractor's-in general ............... 6
Responsibilities. Engineer's-in general ................. 9
Responsibilities. Owner's-in general.................... 8
Retainage ............................................ 14.2
Reuse of Documents .................................. 3.5
Rights of Way.... ..................................... 4.1
Royalties. Patent Fees and ........................... 6.12
Safety and Protection ....... 6.20-6.21, 18.1-18.2
Samples... .... '" . ..... . .. . .. ... ...... ., . ....... 6.23-6.28
Schedule of progress ........ 2.6.2.8-2.9.6.6.6.29. 15.2.6
Schedule of Shop Drawing
submissions...................... 2.6.2.8-2.9.6.23. 14.'(
Schedule of values ...................... 2.6.2.8-2.9. 14.11
Schedules. Finalizing ......... .. .. .. .. .. .. .. .. .. .. .. ... 2.9
Shop Drawings and Samples. . . . . . . . . . . . . . . . . . . " 6.23-6.28
Shop Drawings-definition of .......... . .......... ....... I
Shop Drawings. use to approve
substitutions ...................................... 6.7.3
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Site. Visits to-by Engineer ........................... 9.2
Specifications-definition of ............................. ]
Starting ConstrUction. Before...... . . .. . . . . . . . . . . .. 2.5-2.8
Starting the Project ..................................... 2.4
Stopping Work-by Contractor....................... ]5.5
Stopping Work-by Owner.......................... 13.10
Subcontractor~efinition of . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
Subcontractors-in .general ....................... 6.8-6.11
Subcontracts-required provisions ............5.]].]. 6.]]
] 1.4.3
Substantial Completion-certification of .............. ]4.8
Substantial Completion-definition of. . .. . . . . . . . . . . . . . . .. 1
Substitute or "Or-Equal" Items"............ .... ...... 6.7
Subsurface Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.2-4.3
Supplemental costs ................................. ]] .4.5
Supplementary Conditions-detinition of ................ 1
Supplementary Conditions-principal
references to .. 2.2, 4.2.5.1.5.3. 5.6-5.8. 6.3. 6.13, 6.23,
7.4.9.3
Supplementing Contract Documents............... 3.4-3.5
Supplier~etinition of . . . . . . . . . . . . . . . . . .. .. . . . . . . . . .. . . .. ]
Supp]ier-principal references to ... 3.6, 6.5. 6.7-6.9. 6.20.
6.24, 9.13, 9. ]6. ] 1.8, 13.4. 14.12
Surety~onsent to payment....... ........... 14.12, 14.14
Surety-Engineer has no duty to ..................... 9.13
Surety-notice to .......................... 10.1. ]0.5, 15.2
Surety-qualification of ........................... 5.] -5.2
Suspending Work. by Owner ......................... 15.]
Suspension of Work and Termination-in general....... IS
Superintendent-Contractor's ......................... 6.2
Supervision and Superintendence. . . . . . . . . . . . . . . . .. 6. 1-6.2
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Taxes-Payment by Contractor. . . . . . . . . . . . . . . . . . . . . .. 6.15
Termination-by Contractor.......................... ]5.5
Termination-by Owner......................... 15.2-15.4
Termination. Suspension of Work and-in general ...... IS
Tests and Inspections ........................... 13.3-]3.7
Time. Change of Contract .............................. ]2
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Time, Computation of .................. _ .. .. .. .. . .... 17.2
Time. Contract-definition of ... .. .... ........:... ....... 1
Uncovering Work............................... 13.8-]3.9
Underground Facilities--detinition of .................... 1
Underground Faci]ities-not shown or indicated..... 4.3.2
Underground Facilities-protection of ........... 4.3. 6.20
Underground Facilities-shown or indicated......... 4.3.]
Unit Price Work-detinition of .......................... I
Unit Price Work-general ................. 11.9. ]4.1. ]4.5
Unit Prices..........:.............................. ] 1.3.]
U nit Prices. Determinations for. .. .. .. .. .. .. . . . .. . .... 9.] 0
Use of Premises................................. 6.16-6.18
Utility owners .......................... 6. ]3.6.20. 7.2-7.3
Values, Schedule of ......................... 2.6.2.9. 14.]
Variations in Work-Authorized............ 6.25,6.27.9.5
Visits to Site-by Engineer ............................ 9.2
Waiver of Claims-on Final Payment........ ........ ]4. ]6.
Waiver of Rights by insured parties............. 5. ]0. 6.] I
Warranty and Guarantee-by Contractor....:........ ]3.]
Warranty of Title. Contractor's ....................... ]4.3
Work. Access to ..................................... 13.2
Work-by others ........................................ 7
Work Continuing During Disputes .................... 6.29
Work. Cost of ................................... 11.4-11.5
W ork-detinition of ..................................... 1
Work Directive Change-definition of ................... 1
Work Directive Change-principal .
references to ............................ 3.4.3, ] 0.] -] 0.2
Work. Neglected by Contractor ..................... ]3.14
Work. Stopping by Contractor........................ ]5.5
Work. Stopping by Owner...... ................. 15.1-15.4
Written Amendment-detinition of ...................... 1
Written Amendment-principal
references to ..................... 3.4.1. ]0.1. 11.2. ]2. I
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GENERAL CONDITIONS
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ARTICLE I-DEFINITIONS
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Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
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Addenda-Written or graphic instruments issued prior to the
opening of Bids which clarify. correct or change the bidding
documeOls or the Contract Documents.
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Agreemellf- The written agreement between OWN ER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
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Applicatio/l fiJr Pa.\"/llellf- The form accepted by ENG 1-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porting documentation as is required by the Contract
Documents.
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Bid-The offer or proposal of the bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed.
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BOllds-Bid. performance and payment bonds and other
instruments of security.
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Change Order-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition. deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Time. issued
on or after the Effective Date of the Agreement,
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Contract Docume/lts- The Agreement. Addenda (which per-
tain to the Contract Documents). CONTRACTOR's Bid
(including documentation accompanying the Bid and any post-
Bid documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement. the Bonds.
these General Conditions. the Supplementary Conditions. the
Specifications and the Drawings as the same are more spe-
cifically identified in the Agreement. together with all amend-
ments. modifications and supplements issued pursuant to
paragraphs 3.4 and 3.5 on or after the Effective Date of the
Agreement.
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CO/ltract Price-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.9.1 in
the case of Unit Price Work),
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CO/ltract Tim/.'- The number of days (computed as provided
in paragraph 17.:~) or the date stated in the Agreement for the
completion of the Work.
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CONTRACTOR-The person. firm or corporation with whom
OWNER has entered into the Agreement.
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defectil'e-An adjective which when modifying the word Work
refers to Work that is unsatisfaclOry. faulty or deficient. or
does not conform to the Contract Documents. or does not
meet the requirements of any inspection. reference standard.
test or approval referred to in the Contract Documents. or
has been damaged prior to ENGINEER's recommendation
of final payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.10),
Dra\\'i/lgs- The drawings which show the character and scope
of the Work to be performed and which have been prepared
or approved by ENGINEER and are referred to in the Con-
tract Documents,
Effectil'e Dme of the Agreeme/lt- The date indicated in the
Agreement on which it becomes effective. but if no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
ENGINEER-The person. firm or corporation named as such
in the Agreement.
Field Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9.5 but which does not involve a change in the Contract
Price or the Contract Time.
Ge/leral Requiremenrs-Sections of Division 1 of the Speci-
fications.
Lall's and Regulatio/ls; Lall's or Regulations-Laws. rules.
regul(itions. ordinances. codes and/or orders,
Notice of .-\.I\'ard- The written notice by OWNER to the
apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein. within the time specified. OWNER will
sign and deliver the Agreement.
Notice to Proceed-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the date
on which the Contract Time will commence to run and on
which CONTRACTOR shall start to ~erform CONTRAC-
TOR'S obligations under the Contract Documents.
OWNER-The public body or authority. corporation. asso-
ciation. firm or person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be provided:-
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Parrild Utili:ario/l-Placing a portion of the Wurk 10 service
for the purpuse for which it is intended (or a related purpose)
before reaching Substantial Completion for all the Work. :
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Project-The total construction of which the Work to be
provided under the Contract Documents may be the whole.
or a part as indicated elsewhere in the Contract Documents.
Resident Pr(~iect Rl'pre,H'/ltatil'l!- The authorized represen-
tative of ENGINEER whu is assigned to the site or any part
thereof.
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Shop Drawings-All drawings, diagrams. illustrations,
schedules and other data which are specifically prepared by
or for CONTRACTOR to illustrate some portion of the Work
and all illustrations. brochures, staudard schedules, perfor-
mance charts. instructions.-diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR to
illustrate material or equipmein for some portion of the Work.
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Specijications- Those portions of the Contract Documents
consisting of written technical descriptions of materials,
equipment. const."uction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
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Subcontractor-An individual. firm or corporation having a
direct contract with CONTRACTOR or with any other Sub-
contractor for the performance of a part of the Work at the
site.
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Substantial Completion- The Work (or a specified part thereoO
has progressed to the point where, in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion. it is sufficiently complete, in
accordance with the Contract Documents. so that the Work
(or specified part) can be utilized for the purposes for which
it is intended; or if there be no such certificate issued. when
final payment is due in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially com-
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
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Supplementary Conditions-The pan of the Contract Docu-
ments which amends or supplements these Genera! Condi-
tions.
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Supplier-A manufacturer. fabricator. supplier, distributor,
materialman or vendor.
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Underground FaciliTies-All pipelines. conduits. ducts. cables.
wires. manholes. vaults. tanks, tunnels or other such facilities
or attachments. and any encasements containing such facil-
ities which have been installed underground to furnish any of
the following services or materials: electricity, gases. steam.
liquid petroleum products. telephone or other communica-
tions. cable television. sewage and drainage removal, traffic
or other control systems or water.
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Unit Price Work-Work to be paid for on the basis of unit
prices.
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Work-The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
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Work Directive Change-A written directive to CONTRAC-
TOR. issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
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ordering an addition, deletion or revision in the Work. or
responding to differing or unforeseen physical conditions under
which the Work is to be peIformed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
Directive Change may not change the Contract Price or the
Contract Time. but is evidence that the parties expect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
any. on the Contract Price or Contract Time as provided in
paragraph 10.2.
Written Amendmenr-A written amendment of the Contract
Documents. signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally deal-
ing with the nonengineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELlMINARY MATTERS
Delivery of Bonds:
:!.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Documents:
:!.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished. upon request, at the cost of reproduction.
Commencement of Contract Time; NotU:e to Proceed:
2.3. The Contract Time will commence to run on the
thinieth day after the Effective Date of the Agreement. or. if
a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thiny days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thinieth day after the Effective Date of the Agreement.
whichever date is earlier.
Starting the Project:
:!.4. CONTRACTOR shall stan to perform the Work on .
the date when the Contract Time commences to run. but no I
Work shall be done at the site prior to the date on which the
Contract Time commences to run.
Before Starting Construction:
2.5. Before undenaking each pan of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify peninent figures shown
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thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
affected thereby: however. CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents.
unless CONTR.-\CTOR had actual knowledge thereof or should
reasonably have known thereof.
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2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Require-
ments). CONTRACTOR shall submit to ENGINEER for
review:
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2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
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2.6.2. a preliminary schedule of Shop Drawing sub-
missions: and
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2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub-
mission.
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2.7. Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER. with a copy to ENGINEER.
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4. and
OWNER shall deliver to CONTRACTOR certificates (and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
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PreconstTuct;on Conference:
2.8. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR starts the Work at
the site. a conference altended by CONTRACTOR. ENGI-
NEER and others as appropriate will be held to discuss the
schedules referred to in paragraph 2.6. to discuss procedures
for handling Shop Drawings and other submiltals and for
processing .-\pplications for Payment. and to establish a working
understanding among the parties as to the Work.
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Finali:.ing Schedules:
2.9. At least ten days before submission of the tirst Appli-
cation for Payment a conference attended by CONTRAC-
TOR. ENGINEER and others as appropriate will be held to
finalize the schedules submitled in accordance with para-
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graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time. but such
acceptance will neither impose on ENGINEER responsibility
for the progress or scheduling of the Work nor relieve CON-
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGINEER as to form and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
Intent:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereot) to be con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supplied whether or not specifically
called for. When words which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
or codes of any technical society. organization or association.
or to the Laws or Regulations of any governmental authority.
whether such reference be specific or by implication. shall
mean the latest standard specification. manual. code or Laws
or Regulations in etfect at the time of opening of Bids (or. on
the Effective Date of the Agreement if there were no Bids).
except as may be otherwise specifically stated. However. no
provision of any referenced standard specification. manual
or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be effective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGINEER. or any of their consuitants. agents or employ-
ees from those set forth in the Contract Documents. nor shall
it be effective to "ssign to ENGINEER. or any of ENGI.
NEER's consultants. agents or employees. any duty :or
authority to supervise or direct the furnishing or performa~ce
of the Work or any duty or authority to undertake respon:si-
bility contrary to the provisions of paragraph 9.15 or 9.1,6.
Clarifications and interpretations of the Contract Documents
,hall be issued by ENG IN EER as provided in paragraph 914.
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3.3. If. during the performance of the Work. CONTRAC-
TOR finds a conflict. error or discrepancy in the. Contract
Documents. CONTRACTOR shall so report to ENGIN EER
in writing at once and before proceeding with the Work atfected
thereby shall obtain a written interpretation or c1aritication
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from ENGINEER: however. CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents
unless CONTRACTOR had actual knowledge thereof or should
reasonably have-lmown thereof.
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Amending and Supplementing Contrrul Documents:
3.4. The Contract Documents may be amended to pro-
vide for additions, deletions and revisions in the Work or to
modify the tenns and conditions thereof in one or more of
the following ways:
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3.4.1. a fonnal Written Amendment,
3.4.2. a Change Order (pursuant to paragraph 10.4).
or
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3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
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As indicated in paragraphs 11.2 and 12.1. Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
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3.5. In addition, the requirements of the Contract-Docu-
ments may be supplemented. and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
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3.5.1. a Field Order (pursuant to paragraph 9.5),
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3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27), or
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3.5.3. ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
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Reuse of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization perfonning or fur-
n~shing any of the Work under a direct or indirect contract
with OWNER shall have or acquire any title to or ownership
rights in any of the Drawings. Specifications or other docu-
ments (or copies of any thereof) prepared by or bearing the
seal of ENGINEER: and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
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ARTICLE ~A V AILABILITY OF LANDS: PHYSICAL
CONDITIONS: REFERENCE POINTS
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A vaiUzhiJiry of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be per-
fonned. rights-of-way and easements for access thereto. and
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such other lands which are designated for the use of CON-
TRACTOR. Easements for pennanent structures or penna-
nent changes in existing facilities will be obtained and paid
for by OWNER. unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shall. provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physical Conditions:
4.2.1. Explorations and Reporrs: Reference is made
to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such reports. but not upon nontechnical data, interpreta-'
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes. Except as indi.
cated in the immediately preceding sentence and in para-
graph 4.2.6. CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site.
4.2.2. Existing Structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in .the immediately preceding sentence and in
paragraph 4.2.6. CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to such structures.
4.2.3. ReporT of Differing Conditions: If CONTRAC.
TOR believes that:
4.2.3.1. any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs 4.2.1
and 4.2.2 is inaccurate. or
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated. reflected or referred to in the Contract Docu-
ments.
CONTRACTOR shall, promptly after becoming aware
thereof and before perfonning any Work in connection
therewith (except in an emergency as pennitted by para-
graph 6.22). notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
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4.~.4. ENGINEER's Redell': ENGINEER will
promptly review the pertinent conditions. determine the
necessity of obtaining additional e.xplorations or tests with
respect thereto and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and con-
clusions.
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4.2.5. Possihle Document Change: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
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4.2.6. Possihle Price and Time Adjustmellts: In each
such case. an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles i I and 12.
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Physical Conditions-Underground Facilities:
4.3.1. Sholl'/! or II/dicated: The information and data
shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER
or ENGINEER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
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4,3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
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.+.3.1.2. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina-
tion of the Work with the owners of such Underground
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6.~0 and
repairing any damage thereto resulting from the Work.
the cost of all of which will be considered as having
been included in the Contract Price.
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4.3.~. Not Sholl'/1 or II/dicared. If an Underground
Facility is uncovered or revealcd at or contiguous to the
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have been expected to be aware of. CONTRACTOR
shall. promptly after becoming aware thereof and before
performing any Work affected thereby (except in an emer-
gency as permitted by paragraph 6.~~1. identify the owner
of such Underground Facility and give written notice thereof
to that owner and tl) OWNER and ENGINEER. ENGI-
NEER will promptly review the Underground Facility to
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determine the extent to which the Contract Documents
should be modified to reflect and document the conse-
" quences of the existence of the Underground Facility. and
the Contract Documents will be amended or supplemented
to the extent nccessary. During such time. CONTRAC-
TOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time. or both,
to the extent that they are attributable to the existence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles II and I~.
Reference Points:
4.4. OWN ER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be rcsponsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements). shall protect and preserve the established
reference points and shall make no changes or rclocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and pay-
ment Bonds. each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at leastunril.one
year after the date when final payment becomes due. cxcept
as otherwise providcd by Law or Regulation or by the Con-
tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary Condi-
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executetl
bv such sureties as are named in the current list of "Corr!-
p~nies Holding Certificates of Authority as Acceptable Surd-
ties on Federal Bonds and as Acceptable Reinsuring Co~-
panies" as published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts. U.S. Treasury Department. All
Bonds signed by an agent must be accompanied by a certified
copy of the authority to act.
5.2. If the surety on any Bond furnished by CONTRA.C-
TOR is declared a bankrupt or becomes insolvent or its right
to do business is terminated in any state where any part of
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the Project is located or it ceases to meet the requirements
of paragraph 5.1, CONTRACTOR shall within five days
thereafter substitute another Bond and Surety, both of which
must be acceptable to OWNER.
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C01JlTtU:lOrs Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other obligations under the Contract Documents. whether it
is to be performed or furnished by CONTRACTOR, by any
Subcontractor. by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work, or by
anyone for whose acts any of them may be liable:
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5.3.1. Claims under workers' or workmen's compen-
sation. disability benefits and other similar employee ben-
efit acts:
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5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease, or death of CONTRAC-
TOR's employees;
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5.3.3. Claims for damages because of bodily injury,
sickness or disease. or death of any person other than
CONTRACTOR's employees;
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5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained tal by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR, or
(b) by any other person for any other reason:
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5.3.5. Claims for damages. other than to the Work
itself. because of injury to or destruction of tangible prop-
erty wherever located. including loss of use resulting
therefrom:
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5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages because of bodily injury or death of
any person or for damage to property; and
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5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
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The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions. or required by law, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur-
ance so required to be purchased and maintained (or the
certificates or other evidence thereoO shall contain a provi-
sion or endorsement that the coverage afforded will not be
cancelled. materially changed or renewal refused until at least
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thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting. removing or
replacing defective Work in accordance with paragraph 13.12.
In addition, CONTRACTOR shall maintain such completed
operations insurance for at least two years after final payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
COnJractulll Liability Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
Owners LiDbility Insurance:
5.5. OWNER shall be responsible for purchasing and
maintaining 0 WNER' s own liability insurance and, at
OWNER's option. may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulations). This insurance shall include the interests
of OWNER. CONTRACTOR, Subcontractors, ENGINEER
and ENGINEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured parties. shall insure
against the perils of fire and extended coverage and shall
include "all risk." insurance for physical loss and damage
including theft. vandalism and malicious mischief. collapse
and water damage, and such other perils as may be provided
in the Supplementary Conditions. and shall include damages.
losses and expenses arising out of or resulting from any insured
loss or incurred in the repair or replacement of any insured
property (including but not limited to fees and charges of
engineers. architects. attorneys and other professionals>. If
not covered under the "all risk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchase and maintain similar property insurance on portions
of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for
Payment.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR. Subcontractors, ENGINEER AND
ENGINEER's consultants in the Work. all of whom shall be
listed as insured or additional insured parties.
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5.8. All the policies of insurance (or the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and
5.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
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5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests
of CONTRACTOR, Subcontractors or others in the Work to
the extent of any deductible amounts that are provided in the
Supplementary Conditions. The risk of loss within the
deductible amount. will be borne by CONTRACTOR. Sub-
contractor or others suffering any such loss and ifany of them
wishes property insurance coverage within the limits of such
amounts. each may purchase and maintain it at the purchas-
er's own expense.
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5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy. OWNER shall, if possible. include such insurance. and
the cost thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site. OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWNER.
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Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work. and also
waive all such rights against the Subcontractors. ENGI-
NEER. ENGINEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11. each subcon-
lract between CONTRACTOR and a Subconlractor will
contain similar waiver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's consultants and all other parties named as insureds.
None of the above waivers shall extend to the rights that
any of the insured parties may have to the proceeds of
insurance held by OWNER as trustee or otherwise pay-
able under any policy so issued.
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5.11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protecl all of the parties insured and provide primary
coverage for all losses and damages caused by the perils
covered thereby. Accordingly. all such policies shall con-
tain provisions to the effect that in the event of payment
of any loss or damage the insurer will have no rights of
recovery against any of the parties named as insureds or
additional insureds. and if the insurers require separale
waiver forms to be signed by ENGINEER or ENGI-
NEER's consultant OWNER will obtain the S:.lme. and if
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such waiver forms are required of any Subcontractor,
CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds. as their interests may appear. subject to the require-
ments of any applicable mortgage clause and of paragraph
5.13. OWNER shall deposit in a separate account any money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after'the
occurrence of loss to OWNER's exercise of this power. If
such objection be made. OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the parties in interest may reach. If required in writing by
any party in interest. OWNER as trustee shall. upon the
occurrence of an insured loss. give bond for the proper per-
formance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded
by or other provisions of the insurance reql.:ired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5.4 on the basis of its not complying
with the Contract Documents. OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such certificates to OWNER in accordance with
paragraph 2.7. If CONTRACTOR has any objection to lhe
coverage afforded by or olher provisions of lhe policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
lheir nOlo complying with lhe Contract Documents. CON-
TRACTOR shall nOlify OWNER in wriling lhereofwilhin ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7. OWN ER and
CONTRACTOR shall each provide to lhe olher such addi-
tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER o'r
CONTRACTOR to give anv such nOlice of objection Wilhih
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the time provided shall constitule acceptance of such insu~-
ance purchased by lhe other as complying Wilh lhe Contrac,t
Documenrs. I
Partial Utili:ation-Propert)' Insurance:
5.15. If OWNER finds il necessary to occupy or use a
portion or portions of the Work prior to Substantial Comple-
tion of all the Work. such use or occupancy may be accom-
plished in accordance with paragraph 14.10; provided that no
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such use or occupancy shall commence before the insurers
providing the property insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insur-
ance shall consent"by endorsement on the policy or policies,
but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
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ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
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Supervision and Superi1llendence:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto
and applying such skills and expertise as may be necessary
to perform the Work in accordance with the Contract Doc-
uments. CONTRACTOR shall be solely responsible for the'
means. methods. techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means, method. technique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
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6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
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Labor. MaJerials and Equipment:
6.3. CONTRACTOR shall provide competent. suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintaIn good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or
adjacent thereto. and except as otherwise indicated in the
Contract Documents. all Work at the site shall be performed
during regular working hours. and CONTRACTOR will not
permit overtime work or the performance of Work on Sat-
urday. Sunday or any legal holiday without OWNER's writ-
ten consent given after prior written notice to ENGINEER.
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6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment, labor; transportation.
construction equipment and machinery, tools. appliances.
fuel. power. light. heat. telephone. water. sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing. performance. testing. start-up
and. completion of the Work.
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6.5. All materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence (including reports of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed. con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assign to
ENGINEER. or any of ENGINEER's consultants. agents or
employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author-
ity to undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) adjust-
ments in the progress schedule to reflect the impact thereon
of new developments: these win conform generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the naming of the item is intended to establish the type.
function and quality required. Unless the name is followed
by words indicating that no substitution is permitted,
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute will perform ade-
quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice,
CONTRACTOR's achievement of Substantial Comple-!
tion on time, whether or not acceptance of the substitute
for.use in the Work will require a change in any of thel
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitute and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license fee or
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royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of all costs that wilt result directly or indirectly from
acceptance of such substitute. including costs of redesign
and claims of other contractors affected by the resulting
change. all of which shall be considered by ENGINEER
in evaluating the proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute.
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6.7.2. If a specific means. method. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR may furnish or
utilize a substitute means. method. sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedure for review by ENGINEER
will be similar to that provided in paragraph 6.7.1 as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
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6.7.3. E:-lGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability. and no
substitute will be ordered. installed or utilized without
ENG INEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute. CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluat-
ing each proposed substitute.
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Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor. Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indi-
cated in paragraph 6.8.2). whether initially or as a substi-
tute. against whom OWNER or ENGINEER may ha\'e
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. Supplier or other person l)r
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the
identity of certain Subcontractors. Suppliers or other per-
sons or organizations (including those who are to furnish
the principal items of materials and equipmentlto be sub-
mitted to OWNER in advance of the specified date prior
to the Effective Date of the Agreement for acceptance b\'
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OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWN ER's or ENGIN EER's accept-
ance (either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance or objec-
tion inthe bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute. the
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiver of any right of OWNER or ENGI-
NEER to reject dej'ect;\'e Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor. Supplier or other person or
organization. nor shall it create any obligation on the part of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subcontractor. Supplier or other
person or organization except as may otherwise be required
by Laws and Regulations.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreemem
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.11. CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties: :
6.12. CONTRACTOR shall pay all license fees and ro~-
alties and assume all costs incident to the use in [he perfor-
mance of the Work or the incorporation in the Work of an'y
invention. Jesign. process. product or L1evice which is the
subject of patent rights or copyrights held by others. If a
particular invention. design. process. product ur device is
specified in the Contract Documents for use in the perfor-
mance oflhe Work and iftll the actual knowledge of OWNER
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or ENGINEER its use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to others,
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and. ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims, damages, 'losses and expenses (including
attorneys' fees and court and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process,
product or device not specified in the Contract Documents,
and shall defend all such claims in connection with any alleged
infringement of such rights.
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Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR. when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
which are applicable at the time of opening of Bids, or if there
are no Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work, and OWNER shall pay all charges of
such utility owners for capital costs related thereto such as
plant investment fees.
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Laws and RegwllJums:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations. neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations.
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6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations. CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations,. and without. such notice to
ENGINEER. CONTRACTOR shall bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
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Taxes:
6.15. CONTRACTOR shall pay all sales. consumer, use
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
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place of the Project which are applicable during the perfor-
mance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations, rights-
of-way, permits and easements. and shall not unreasonably
encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area. or to
the owner or occupant thereof or of any land or areas contig-
uous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work, CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall, to the
fullest extent permitted by Laws and Regulations, indemnify
and hold OWNER and ENGINEER harmless from and against
all claims. damages, losses and expenses (including, but not
limited to, fees of engineers, architects, attorneys and other
professionals and court and arbitration costs) arising directly,
indirectly or consequentially out of any action, legal or equi-
table. brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remove
all waste materials, rubbish and debris from and about the
premises as well as all tools. appliances, construction equip-
ment and machinery, and surplus materials. and shall leave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all property not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any mannerthat will endanger
the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it. I
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Record Documents: I
6.19. CONTRACTOR shall maintain in a safe place at I
the site one record copy of all Drawings. Specifications, !
Addenda, Written Amendments, Change Orders. Work.
Directive Changes, Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available to ENGINEER for reference. Upon com-
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pletion of the Work. these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
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Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for the safety of. and shall
provide the necessary protection to prevent damage. injury
or loss 10:
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6.20.1. all employees on the Work and other persons
and organizations who may be affected thereby:
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6.20.2. all the Work and materials and equipment 10
be incorporated therein. whether in storage on or off the
site: and
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6.20.3. other property at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pavements. road-
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
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CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage.
injury or loss: and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners when prosecution of the Work
may affect them. and shall cooperate with them in the pro-
tection. removal. relocation and replacement of their prop-
erty. .-\11 damage. injury or loss to any property referred to
in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly.
in whole or in part. by CONTRACTOR. any Subcontractor.
Supplier or any other person or organization directly or indi.
rectly employed by any of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable.
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose acts either
of them may be liable. and not attributable. directly or indi-
rectly. in whole or in part. to the fault or negligence of CON-
TRACTOR), CONTRACTOR's duties and responsibilities
for the safety and protection of the Work shall continue until
such time as all the Work is completed and ENG l:--JEER has
issued a notice to OWN ER and CONTRACTOR in accord-
ance with paragraph 14.13 that the Work is acceptable (except
as otherwise expressly provided in connection with Substan-
tial Completion),
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6.21. _ CONTRACTOR shall designate a respL1nsible rep-
resenlative at the site whose duty shall be the pre\'ention l)f
accidents. This person shall be CONTRACTOR' s superin-
tendent unless otherwise designated in writin~ by CON-
TRACTOR to OWN ER.
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Emergencies:
6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent thereto.
CONTRACTOR. without special instruction or authorization
from ENGJNEER or OWNER. is obligated to act to prevent
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes
that any significant changes in the Work or variations from
the Contract Documents have been caused thereby. If ENGI-
NEER determines that a change in the Contract Documents
is required because of the action taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions (see para--
graph 2.9). or for other appropriate action if so indicated in
the Supplementary Conditions. five copies (unless otherwise
specified in the General Requirements) of all Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions will be identified
as ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities. dimen-
sions. specified performance and design criteria. materials
and similar data to enable ENGINEER to review the infor-
mation as required.
6.24. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause
no delay in Work. all samples required by the Contract Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. S4Pplier.
pertinent data such as catalog numbers and the use for which
intended.
6.25.1. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri-
fied all quantities. dimensions. specified performance cri-
teria. installation requirements. materials. catalog num-
bers and similar data \\'ith respect thereto and reviewed
or coordinated each Shop Drawing or Sample with oth~r
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents.
. 6.25.2. At the time of each submission. CONTRAC-
TOR shall give ENGIN EER specific written notice of each
variation that the Shop Drawings or samples may have
from the requirements of the Contract Documents. and.
in addition. shall cause a specific notation to be made on
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each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
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6.26. ENGINEER will review and approve with reason.
able promptness Shop Drawings and samples. but ENGI.
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance
with the information given in the Contract Documents and
shall not extend to means. methods. techniques. sequences
or procedures of construction (except where a specific means.
method. technique. sequence or procedure of construction is
indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CON-
TRACTOR shall make corrections required by ENGINEER.
and shall return the required number of corrected copies of
Shop Drawings and submit as required new samples for review
and approval. CONTRACTOR shall direct specific attention
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
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6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibi!ity for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.15.2 and
ENGINEER has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval: nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25.1.
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6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
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Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements. except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER mayotherwise'agree in writing.
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lruhmnificaIiQn:
6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold hannless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims, damages. losses and
expenses. direct. indirect or consequential (including but not
limited to fees and charges of engineers. architects, auomeys
and other professionals and court and arbitration costs) aris-
ing out of or resulting from the performance of the Work.
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provided that any such claim. damage. loss or expense (a) is
attributable to bodily injury. sickness. disease or death. or to
injury to or destruction of tangible property (other than the
Work itselO including the loss of use resulting therefrom and
(b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR. any Subcontractor. any person
or organization directly or indirectly employed by any. of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such party.
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants. agents or employees. by
any employee of CONTRACTOR. any Subcontractor. any
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable. the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or type of damages.
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization
under workers' or workmen's compensation acts. disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER.
ENGINEER's consultants. agents or employees arising out
of the preparation or approval of maps. drawings. opinions,
reports, surveys. Change Orders, designs or specifications.
ARTICLE 7-OTHER WORK
Reuued Work at Sue:
7.1. OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces. have other work
performed by utility owners or let other direct contracts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contract Documents, written notice thereof will be
given to CONTRACTOR prior to starting any such other
work; and. if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACfOR or
requires additional time and the parties are unable to agree
as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles 1] and 12.
7.2. CONTRACfOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER. if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work. and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching of
the Work that may be required to make its several parts come
together properly and integrate with such other work. CON.
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TRACTOR shall not endanger any work of others by cutting.
excavating or otherwise altering their work and will only cut
or alter their work with the written consent of ENGINEER
and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWN ER and such utility owners and other contractors.
7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner (or OWNER)' CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays, defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the perfor-
mance of other work on the Project at the site. the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions.
and the specific matters to be covered by such authority and
responsibility will be itemized. and the extent of such author-
ity and responsibilities will be provided. in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions, neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination.
ARTICLE S-OWNER'S RESPONSIBILITIES
8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
8.:!. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of the former
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
8.3. 'OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys 10 establish
reference points are set forth in paragraphs 4.1 and 4.4. Para-
graph ~.:! refers to OWNER's identifying and making avail-
able to CONTRACTOR copies of reports of explorations and
tests of subsurface conditions at the site and in existing struc-
tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections. tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.10 and 1).1. Paragraph IS.:!
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the Con-
tract Documents and shall not be extended without \vritten
consent of OWNER and ENGINEER.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and quality of the executed Work and to deter-
mine. in general. if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required
to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. ENGINEER's efforts
will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform to the
Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed of the prog-
ress of the Work and will endeavor to guard OWNER against
defects and deficiencies in the Work.
Project Representation:
9.3. If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Project Representative to asJist
ENGINEER in observing the performance of the Work. The
duties. responsibilities and limitations of authority of tiny
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWNER at the site
who is not ENGINEER's agent or employee. the duties.
responsibilities and limitations of authority of such other
person will be as provided in the Supplementary Conditions.
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CIarificmlons and InlerpnlllJions:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings
or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or .reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR
believes that a written clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree to the
amount or extent thereof, CONTRACTOR may make a claim
therefor as provided in Article II or Anicle 12.
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Authorized Variations in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER, and also on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the parties are unable to agree as to
the amount or extent thereof. CONTRACTOR may make a
claim therefor as provided in Article 11 or 12.
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Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective. and
will also have authority to require special inspection or testing
of the Work as provided in paragraph 13.9. whether or not
the Work is fabricated. installed or completed.
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Shop Drawings. Clulnge Orders and Payments:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples, see paragraphs 6.23 through
6.29 inclusive.
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9.8. In connection with ENGINEER's responsibilities as
to Change Orders. see Anicles 10. II and 12.
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9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment, etc.. see Article 14.
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Determi1UlJions for Unit Prices:
9.10. ENGINEER will determine the actual quantitIes
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
NEER's written decisions thereon will be final and binding
upon OWNER and CONTRACTOR. unless. within ten days
after the date of any such decision. either OWNER or CON-
TRACTOR delivers to the other pany to the Agreement and
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to ENGINEER written notice of intention to appeal from
such a decision.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
penaining to the performance and furnishing of the Work and
claims under Anicles 11 and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal decision
in accordance with this paragraph, which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim. dispute and other matter will be delivered
by the claimant to ENGINEER and the other party to the
Agreement promptly (but in no event later than thiny days)
after the occurrence of the event giving rise thereto, and
written supponing data will be submitted to ENGINEER and
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascenain
more accurate data in suppon of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect
to any such claim. dispute or other matter (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or other matter.
Limiuuions on ENGINEER's ResponsibiJiJies:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith either to exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor, any Supplier, or any other person or organization
performing any of the Work. or to any surety for any of them.
9.14. Whenever in the Contract Documents the terms "as
ordered'", '"as directed'". "as required'", "as allowed'". "as
approved'" or terms of like effect or import are used, or the
adjectives "reasonable". "suitable'", "acceptable". "proper'"
or "satisfactory'" or adjectives of like effect or import are
used to describe a requirement. direction. review or judgment
of ENGINEER as to the Work. it is intended that such
requirement. direction, review or judgment will be sOICly to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wise). The use of any such term or adjective shall not be
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effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary
to the provisions of-paragraph 9.15 or 9.16.
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9.15. ENGINEER will not be responsible for CON-
TRACTOR's means, methods. techniques, sequences or pro-
cedures of construction. or the safety precautions and pro-
grams incident thereto. and ENGINEER will not be respon-
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
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9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor. any
Supplier. or of any other person or organization performing
or furnishing any of the Work.
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ARTICLE I~HANGES IN THE WORK
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10. I. Without invalidating the Agreement and without notice
to any surety. OWNER may. at any time or from time to
time. order additions. deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
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10.2. If OWNER and CONTRACTOR are unable to agree
as to the extenr. if any. of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Change. a claim may be made therefor as provided in Article
II or Article 12.
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10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended. modified and supple-
mented as provided in paragraphs 3.4 and 3.5. except in the
case of an emergency as provided in paragraph 6.22 and
except in the case of uncovering Work as provided in para-
graph 13.9.
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IDA. OWNER and CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendments) covering:
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10A.l. changes in the Work which are ordered by
OWNER pursuant to paragraph 10.1. are required because
of acceptance of defectil'e Work under paragraph 13.13 or
correcting "(~rec(il'e Work under paragraph 13.I.t or are
agreed to by the parties:
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1004.2. changes in the Contract Price or Contract Time
which are agreed to by the parties: and
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10.4.3. changes in the Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9. I I:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations. but during any such appeal. CON-
TRACTOR shall carryon the Work and adhere to the prog-
ress schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to. Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notice will be CONTRAC-
TOR's responsibility. and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE II-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON.
TRACTOR for performing the Work. All duties. responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant' s written statement that the amount
claimed covers all known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise agree on the amount involved. No claim
for an adjustment in the Contract Price will be valid if not
submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Conrrac\
Price shall be determined in one of the following ways:
.11.3. I. Where the Work involved is covered by unit
prices contained in the Contract Documents. by applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1. through
11.9.3. inclusive),
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11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.6.2.1).
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11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
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Cost of th~ Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER. such costs shall be
in amounts no higher than those prevailing in the locality of
the Project. shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
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11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall be apponioned on
the basis of their time spent on the Work. Payroll costs
shall include, but not be limited to, salaries and wages
plus the cost of fringe benefits which shall include social
security contributions, unemployment. excise and payroll
taxes, workers' or workmen's compensation. health and
retirement benefits. bonuses. sick leave. vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Satur-
day, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
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11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work. including costs of trans-
ponation and storage thereof. and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments, in
which case the cash discounts shall accrue to OWNER.
All trade discounts. rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained,
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11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors.
If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine. with the advice of ENGINEER. which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee. the Subcontractor's Cost of the Work
shall be determined in the same manner as CONTRAC-
TOR's Cost of the Work. All subcontracts shall be subject
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to the other provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
limited to "engineers. architects. testing laboratories. sur-
veyors, attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proponion of necessary transpona-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.2. Cost. including transponation and main-
tenance. of all materials. supplies. equipment. machin-
ery, appliances. office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the Work. and cost
less market value of such items used but not consumed
which remain the 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 rental
agreements approved by OWNER with the advice of
ENGINEER, and the costs of transponation, loading.
unloading, installation, dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The rental of any such equipment. machin-
ery or parts shall cease when the use thereofis no longer
necessary for the Work.
11.4.5.4. Sales. consumer, use or similar taxes
related to the Work. and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR. any Subcontractor or any-
one directly or indirectly employed by any of them or
for whose acts any of them may be liable. and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses). not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the
deductible amounts of propeny insurance established
by OWNER in accordance with paragraph 5.9), pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor. or
anyone directly or indirectly employed by any of them I
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses,
damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRAC-
TOR's Fee. If. however, any such loss or damage
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requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph
11.6.2.
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11.4.5.7. The cost of utilities. fud and sanitary
facilities at the site. .
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11.4.5.8. Minor expenses such as telegrams. long
distance telephone calls, telephone service at the site.
expressage and similar petty cash items in connection
with the Work.
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11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for property insurance coverage within
the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.9.
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11.5. The term Cost of the 'Nark shall not include any of
the following:
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11.5. I. Payroll costs and other compensation of CON-
TRACTOR's officers. executives. principals (of partner-
ship and sole proprietorships!. general managers. engi-
neers. architects. estimators. attorneys. auditors. accoun-
tants. purchasing and contracting agents. expeditors.
timekeepers. clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR's principal or a brnnch office for general administra-
tion of the Work and not specifically included in the agreed
upon schedule of job classifications referred to in para-
graph 11.4. I or specifically covered by paragraph 11.4.4-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
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11.5.2. Expenses 0: CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site.
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11.5.3. .-\ny part of CONTRACTOR's capital expenses.
including interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
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11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub-
paragraph 11.4.5.9 above).
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11.5.5. Costs due to the negligence of CONTRAC-
TOR. any Subcontractor. or anyone directly or indirectly
employed by any of l;,em or for whose acts any of them
may be lianle. ir..:I'Jding but not limited to. the correction
of clej(-l ri,. '."orl;, disposal elf materials or equipment
wrongly SU, ~"<~. ~ "'laking good any damage to prop-
erty.
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11.5.6. Other overhead or general expense costs e)f
any kind and the costs of any item not specitically and
expressly inducted in paragraph 11.4.
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CONTRACTOR's Fee:
11.6. The CONTRACTOR's Fee allowed toCONTRAC-
TOR for overhead and profit shall be determined as follows:
11.6: I. a mutually acceptable fixed fee: or if none can
be agreed upon.
11.6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1
and 11.4.2. the CONTRACTOR's Fee shall be fifteen
percent:
11.6.2.2. for costs incurred under paragraph 11.4.3.
the CONTRACTOR's Fee shall be f.ve percent: and if
a subcontract is on the basis of Cost of (he Work Plus
a Fee. the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
11.6.2.3. no fee shall be payable on the basis of
costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5:
11.6.2.4. the amount of credit to be allowed by
CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by a'1 amount equal to ten percent of the
net decrease: and
11.6.2.5. when both additions and credits are
involved in anyone change. the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4. inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraph 11.4 or 11.5. CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered (0 be done
bv such Subcontractors or Suppliers and for such sums within
the limit of the allowances as may be acceptable 10 ENOI-
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11.8.1. The allowances include the cost to CO~-
TRACTOR (Jess any applicable trade discounts) of mate-
rials and equipment required by the allowances to be deli~-
ered at the site. and all applicable taxes: and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site, lahor. installation costs. overhead.
profit and other expenses contemplated for the allowances
have been included in the Contract Price and not in the
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allowances. No demand for additional payment on account
of any thereof will be valid.
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Prior to final payment. an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances. and the Contract Price shall be correspond-
ingly adjusted.
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Unit Price Work:
11.9.1. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work. initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of U nit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
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11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR' s overhead and profit for each sep-
arately identified item.
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11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
indicated in .the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Article II if the parties are
unable to agree as to the amount of any such increase.
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ARTICLE 12-CHANGE OF CONTRACT TIME
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12.1. The Contract Time may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shortening of the Contract Time shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accom-
panied by the claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time
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shall be determined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannototherwise
agree. No claim for an adjustment in the Contract Time will
be valid if not submitted in accordance with the requirements
of this paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include. but not be limited to.
acts or neglect by OWNER or others performing additional
work as contemplated by Article 7, or to fires. floods. labor
disputes. epidemics. abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers, architects.
attorneys and other professionals and court and arbitration
costs) for delay by either party.
ARTICLE 13-W ARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS;
CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Wczm:urty and GlUU'tl1lUe:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be defective.
Prompt notice of all defects shall be given to CONTRAC-
TOR. All defective Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13.
Access to Work:
13.2. ENGINEER and ENGINEER's representatives.
other representatives of OWNER. testing agencies and gov.
ernmental agencies with jurisdictional interests will have access
to the Work at reasonable times for their observation. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
Tests and Inspections: I
13.3. CONTRACTOR shall give ENGINEER timely notice I
of readiness of the Work for all required inspections. tests or i
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) to specifically
be inspected. tested or approved. CONTRACTOR shall
assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required certificates
of inspection. testing or approval. CONTRACTOR shall also
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be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN-
ER's or ENGINEER's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work. or of
materials or equipment submitted for approval prior to CON-
TRACTOR's purchase thereoffor incorporation in the Work.
The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specifiedl.
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13.5. All inspections. tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR lor by ENGI~EER if so
specified).
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13.6. If any Work (including the work of others) that is
to be inspected. tested or approved is covered without written
concurrence of ENGINEER. it mllst. if requested by ENGI-
NEER. be uncovered for observation. Such unco\'ering shall
be at CONTRACTOR' s expense unless CONTRACTOR has
given ENGINEER timely notice ofCONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
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13.7. Neither observations by ENGINEER nor inspec-
tions. tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
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Uncovering Work:
D.8. If any Work is covered contrary to the written request
of ENGINEER. it must. if requested by ENGI)iEER. be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
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13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others. CONTRACTOR. at ENGINEER's
request. shall uncover. expose or otherwise make: available
for observation. inspection ~r testing as ENGINEER may
require. that ponion of the Work in question. furnishing all
necessary labor. material and equipment. If it is found that
such Work is d~f~cTh'e. CONTRACTOR shall.bear all direct.
indirect and consequential costs of such uncovering. expo-
sure. observation. inspection and testing and of satisfactory
reconstruction. (including but not limited to fees and charges
of engineers. architects. attorneys and other prokssionals).
and OWN ER shall be entitled to an appropriate decrease in
the Contract Price. and. if the panies are unable to agree as
to the amuunt thereof. may make a claim therefor as provided
in Article II. If. hUll el.e:r. sLlch W\..lrk is not fl)und to be
de.!l'CTh'l'. CO:\TR.-\CTOR shall be alluwed an increase in
the Cuntract PriLL ,:1" .oil c\,c:nsion of the Contract Time. l)r
both. Jirectly auriQlIlablc: lu such uncovering. expusure.
obsen'atiun. inspectiun. testing and reconstructil)n: and. if
the parties are unable 10 agree as to the amount llr extent
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thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles II and 12.
Owner May Stop the Work:
13.10. If the Work is defecTh'e. or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents. OWNER may order CONTRACTOR to S!Op the
Work. or any portion thereof. until the cause for such order
has been eliminated: however. this right of OWNER to stop
the Work shall not give rise to any duty on the part of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party.
Correction or Removal of Defective Work:
13.11. If required by ENGINEER. CONTRACTOR shall
promptly. as directed. either correct all defecTiI'e Work.
whether or not fabricated. installed or completed. or. if ihe
Work has been rejected by ENGINEER. remove it from the
site and replace it with nondefecTiI'e Work. CONTRACTOR
shaH bear all direct, indirect and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers. architects. attorneys and other profes-
sionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents. any
Work is found to be defecTiI'e. CONTR..-\CTOR shall promptly.
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such defectil'e Work. or.
if it has been rejected by OWNER. remove it from the site
and replace it with nondefecrive Work. If CONTRACTOR
does not promptly comply with the terms of such instructions.
or in an emergency where delay would cause serious risk of
loss or damage. OWNER may have the defeCTive Work cor-
rected or the rejected Work removed and replaced. and all
direct. indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of
engineers. architects. allorneys and other professionals) will
be paid by CONTRACTOR. In special circumstances where
a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work. the correction
period for that item may start to run from an earlier date if
so provided in the Specifications or by Written Amendment.
A.cceptance of DefeCTive Work:
I J, 13. If. instead of requiring correction or removal and
replacement of (h~fi!("i\'(' Work. OWNER (and. prior to
ENGIN EER's recommendation of final payment. also
ENGINEER) prefers to accept it. OWNER may do so. CON-
TRACTOR shall bear all Jirect. indirect and cunsequential
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costs attributable to OWNER's evaluation of and determi-
nation to accept such defective Work (such costs to be approved
by ENGINEER as to'reasonableness and to include but not
be limited to fees and charges of engineers. architects. attor-
neys and other professionals). if any such acceptance occurs
prior to ENGINEER's recommendation of final payment. a
Change Order will be issued incorporating the necessary revi-
sions in the Contract, Documents with respect to the Work:
and OWNER shall be entitled to an appropriate decrease in
the Contract Price. and. if the parties are unable to agree as
to the amount thereof. OWNER may make a claim therefor
as provided in Article II. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
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OWNER May Cornct Defective Work:
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13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11, or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents, or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may. after seven days' writ-
ten notice to CONTRACTOR. correct and remedy any such
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action. OWNER
may exclude CONTRACTOR from all or part of the site. take
possession of all or part of the Work, and suspend CON-
TRACTOR's services related thereto. take possession of
CONTRACTOR's tools. appliances, construction equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
tatives. agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct. indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged ~nst CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work: and
OWNER shall be entitled to an appropriate decrease in the
Contract Price"and. if the' parties are unable to agree as to
the amount thereof. OWNER may make a claim therefor as
provided in Article 11. Such direct. indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers, architects. attorneys and other professionals.
all court and arbitration costs and all costs of repair and
replacement of work of others destroyed or damaged by
correction, removal or replacement of CONTRACTOR's
defective Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in per-
formance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
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ARTICLE I4-PA YMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Paymelll:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested
on the basis of materials and equipment not incorporated in
the Work but delivered and suitably stored at the site or at
another location agreed to in writing, the Application for
Payment shall also be accompanied by a bill of sale. invoice
or other documentation warranting that OWl':lER has received'
the materials and equipment free and clear of all liens. charges,
security interests and encumbrances (which are hereinafter
in these General Conditions referred to as "Liens") and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be sat-
isfactory to OWNER. The amount of retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work. materials and equipment covered by any Appli-
cation for Payment. whether incorporated in the Project or
not, will pass to OWNER no later than the time of payment
free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. ENGINEER will. within ten days after receipt of
each Application for Payment. either indicate in writing a
recommendation of payment and present the Application to
OWNER. or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case, CONTRACTOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation. the amount rec-
ommended will (subject to the provisions of the last sentence
ofp~ph 14.7) become due and when due will be paid by
OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
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representation by ENGINEER to OWNER. based on ENGI-
NEER's on-site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
NEER's review of the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to (he point indicated: that. to the best of ENGI-
NEER's knowledge. information and belief. the quality of
the Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. to the results of any
.subsequent tests called for in the Contract Documents. to a
final determination of quantities and classifications for Unit
Price Work under paragraph 9.10. and to any other qualifi-
cations stated in the recommendation): and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that exhaus-
tive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
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14.6. ENGINEJ:R's recommendation of final payment
will constitute an additional representation by ENG INEER
to OWNER that the conditions precedent to CONTRAC-
TOR's being entitled to final payment as set forth in paragraph
14.13 have been fulfilled.
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14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGINEER's opinion. it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment. or. because of subsequently discovered evidence or
the results of subsequent inspections or tests. nullify any such
payment previously recommended. to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because:
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14.7.1. the Work is defecril'e, or completed Work has
been damage? requiring correction or replacement.
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14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order.
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14.7.3. OWNER has been required to correct de/i!l'-
ril'e Work or complete Work in accordance with paragraph
13.14. or
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14.7.4. of ENGINEER's actual knowledge of the
occurrence of any of the events enumerated in paragraphs
15.2.1 through 15.2.9 inclusive.
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OWNER may refuse to make payment of the full amount
recommended by ENGINEER because claims have been
made against OWNER on account of CONTRACTOR's per-
formance or furnishing of (he Work or Liens have been filed
in connection with the Work or there are other items entitling
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OWNER to a set-off against the amount recommended. but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for such
action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. If ENGINEER does not con-
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If. after considering such objec-
tions. ENGINEER concludes that the Work is not substan-
tially complete. ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing. stating the reasons therefor. If.
after consideration of OWNER's objections. ENGINEER
considers the Work substantially complete. ENGINEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be com.
pleted or corrected) reflecting such changes from the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWNER. At the time of delivery
of the tentative certificate of Substantial Completion ENGI-
NEER will deliver to OWN ER and CONTRACTOR a written
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR with
respect to security. operation. safety. maintenance. heat.
utilities, insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the definitive
certificate of Substantial Completion. ENGINEER's afore-
said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion. but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative list.
Partial Utilization:
14.10. Use by OWNER of any finished part of the Work.
which has specifically been identified in the Contract Docu-
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ments. or which OWNER. ENGINEER and CONTRAC-
. TOR agree constitutes a separately functioning and useable
part of the Work that. can be usea by OWNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work. may be accomplished prior to
Substantial Completion of all the Work subject to the folIow-
ing:
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14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees. CONTRACTOR will certify to OWNER
and ENGINEER that said part of the Work is substantially
complete and request ENGINEER to issue a certificate of
Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable time after either such request. OWNER.
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its s,atus of
completion. If EN GINEER does not consider that part of
the Work to be substantially complete. ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of the
Work to be substantially complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
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14.10.2. OWNER may at any time request CON-
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security. operation. safety, maintenance. utilities. insur-
ance. warranties and guarantees for that part of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such pan of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to
complete other related Work.
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14.10.3. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
FinDllnspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
FilUll Application for Payment:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instructions. schedules. guaran-
tees. Bonds. certificates of inspection. marked-up record
documents (as provided in paragraph 6.19) and other docu-
ments-all as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16). CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract Documents, together with complete and legally
effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Work. In
lieu thereof and as approved by OWNER. CONTRACTOR
may furnish receipts or releases in full: an affidavit of CON-
TRACTOR that the releases and receipts include all labor,
services. material and equipment for which a Lien could be
filed. and that all payrolls. material and equipment bills, and
other indebtedness connected with the Work for which
OWNERorOWNER's propeny might in any way be respon-
sible. have been paid or otherwise satisfied: and consent of
the surety. if any, to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
FilUll Payment and Acceptance:
14.13. If. on the basis of ENGINEER's observation of
,the Work during construction and final inspection. and'
ENGINEER's review of the final Application for Payment
and accompanying documentation-all as required by the
Contract pocuments. ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled. ENGI-
NEER will. within ten days after receipt of the final Appli-
cation'for Payment. indicate in writing ENGINEER's rec-
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of paragraph 14.16.
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Otherwise. ENGINEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final payment. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thirty days after presentation to OWNER of the
Application and accompanying documentation. in appropri-
ate form and substance. and with ENGINEER's recommen-
dation and notice of acceptability. the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR.
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14.14. If. through no fault of CONTRACTOR. final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms. OWNER shall. upon receipt of CON-
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 portion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment. and if Bonds have been furnished as required in para-
graph 5, I. the written consent of the surety to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov-
erning final payment. except that it shall not constitute a
waiver of claims.
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Contractors Continuing Obligation:
14,15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress
or final payment by ENGINEER. nor the issuance of a cer-
tificate of Substantial Completion. nor any payment by
OWNER to CONTRACTOR under the Contract Documents.
nor any use or occupancy of the Work or any part thereof by
OWNER. nor any act of acceptance by OWNER nor any
failure to do so. nor any review and approval of a Shop
Drawing or sample submission. nor the issuance of a notice
of acceptability by ENGINEER pursuant to paragraph 14.13.
nor any correction of defective Work by OWNER will con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.161.
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Wah'er of Claims:
1~.16. The making and acceptance of final payment will
constitute:
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1~.16. \. a waiver of all claims by OWNER against
CO:--JTRACTOR. except claims arising from unsettled
Liens. from dej,'cti\'(' Work appearing after final inspec-
tion pursuant 10 paragraph 14.11 or from failure tl) comply
with [he Contract Dl)CUmenls or the terms of any special
guarantees specified therein: howevt:r. it will not consti-
tute a waiver hy OWNER of any rights in respect of
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CONTRACTOR's continuing obligations under the Con-
tract Documents; and
14.16.2. a waiver of .all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE 15-SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
15. \. OWNER may. at any time and without cause, sus-
pend the Work or any portion .thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be.allowed an increase in the
Contract Price or an extension of the Contract Time. or both.
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles I 1
and 12.
Owner May Terminate:
15.2. Upon the occurrence of anyone or more of the
following events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title II. United
States Code), as now or hereafter in effect. or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency:
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing. or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency,:
15.2.3. if CONTRACTOR makes a general assignment
for the benefit of creditors:
15.2.4. if a trustee. receiver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authority to take charge
of property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit
of CONTRACTOR's creditors:
'15.2.5. jf CONTRACTOR admits in writing an inabil-
ity to pay its debts generally as they become due:
15.2.6. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
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(including. but not limited to. failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time):
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15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction:
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
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15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments;
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OWNER may, after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations. terminate the services
of CONTRACTOR. exclude CONTRACTOR from the site
and take possession of the Work and of all CONTRACTOR's
tools. appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion). incofl'orate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere. and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct. indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers. architects. attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance. CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work performed.
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15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER. OWNER may. without cause and
without prejudice to any other right or remedy. elect to aban-
don the Work and terminate the Agreement. In such case,
CONTRACTOR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses. which
will include, but not be limited to. direct. indirect and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects. attorneys and other professionals
and court and arbitration costs).
Contractor May Stop Work or Terminate:
15.5. If. through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public authority.
or ENGINEER fails to act on any Application for Payment
within thirty days after it is submitted, or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due. then CONTRACTOR may. upon seven
days' written notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement, if ENGINEER has failed to act on an Appli-
cation for Payment or OWNER has failed to make any pay-
ment as aforesaid. CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreeme"nts with OWNER.
. [The remainder of this page was left blank intentionally.]
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ARTICLE 16--ARBITRATION
16.1 All claims, disputes and other matters in question between
OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu-
ments or the breach thereof shall be decided under Georgia Law in the
Superior Court of Richmond County, Georgia.
(The remainder of this page was left blank intentionally.)
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(This page was left blank intentionally.)
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ARTICLE 17-MISCELLANEOUS
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Giying Notice:
17.1. Whenever any provIsIon of the Contract Docu-
ments requires the giving of written notice. it will be deemed
to have been validly given if delivered in person to the indi-
vidual or to a member of the firm or to an officer of the
corporation for whom it is intended. or if delivered at or sent
by registered or certified mail. postage prepaid. to the last
business address known to the giver of the notice.
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Computation of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days. it will be computed to exclude
the first and include the last day of such period. If the last
day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computa-
tion.
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17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
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General:
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17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error, omis-
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sion or act of the other party or of any of the other party's
employees or agents or others for whose acts the other party
is legally liable. claim will be made in writing to the other
party within a reasonable time of the first obserVance of such
injury or damage. The provisions of this paragraph 17.3 shall
noL be construed. as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the parties hereto, and. in particular but without
limitation. the warranties. guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.30, 13.1, 13.12.13.14.
14.3 and 15.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder. are in addition to.
and are not to be construed in any way as a limitation of. any
rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations. by
special warranty or guarantee or by other provisions of the
Contract Documents, and the provisions of this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty. obliga-
tion, right and remedy to which they apply. All representa-
tions, warranties and guarantees made in the Contract Doc-
uments will survive final payment and termination or com-
pletion of the Agreement.
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SUPPLEMENTARY CONDITIONS
1.1 OWNER'S LIABILITY & PROPERTY INSURANCE:
Section 5.5,5.6,5,7,5.8,5.9,5.10 of the General
Conditions shall be amended as follows:
No additional liability or property insurance will be purchased by Augusta-
Richmond Country for this project.
Current insurance coverages 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 $500,000 on account of one accident, and
Contractor's Property Damage Insurance in an amount not less than $100,000 for
all property damage sustained by anyone person in anyone accident; and a limit
of liability of not less than $200,000 for any such damage sustained by two or
more persons in anyone accident.
The contractor shall either (1) require each of his subcontractors to procure
and to maintain during the life of his subcontract, Subcontractor's Liability and
Property Damage Insurance of the type and in the same amounts as specified in
the preceding paragraph, or (2) insure the activities of his subcontractors in his
own policy.
1.3 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 existing water lines, telephone lines,
gas lines, other utilities and private structures contiguous
to the job site
SC-1
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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-Richmond County Public Works. There will be no
separate payment for this work.
1.5 SURVEYS:
The Contractor will provide surveying for construction staking, horizontal
control and vertical control as necessary.
1.6 PROGRESS PAYMENT:
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 stored, a bill of sale,
invoice or other documentation warranting that the Owner is
receiving the material free and clear of all liens, charges, security
interest and of all liens, charges, security interest and other
encumbrances shall be attached to the payment request.
1. 7 ENGINEER:
All references to "Engineer" shall be interpreted to mean the
Augusta-Richmond County Public Works Director, or his 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
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SECTION P
PROPOSAL
Date: t?Jc.. -I.:;> be r
71 2-0=3
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Gentlemen:
. In compliance with your invitation for bids dated /0/7 , 20~ the'
undersigned hereby proposed to furnish all labor, equipment, and materials, and to
perform all work for the installation of drainage improvements referred to herein as:
In strict accordance with the Contract Documents and in consideration of the amounts
shown on the Bid Schedule attached hereto and totaling:
E: h'-f- )./..".#"/cl..-.c'!d. }.j;, ~ Ve.14 ~ch_;~C'-1
~.- ~' Bo./oc:>-DOLLARS ($ &'97, 894- 80
. I
E' J?-I- J-/,,-,"'~/-ecl .^-l-oc:::-
)
The undersigned hereby agrees that, upon written acceptance of this bid, he will
within 10 days of receipt of such notice execute a formal contract agreement with the
OWNER, and that he will provide the bond or guarantees required by the Contract
Documents.
The undersigned hereby agrees that, if awarded the contract, he will commence
the work within 10 calendar days after the date of written notice to proceed, and that he
will complete the work within 180 calendar clays:
The undersigned acknowledges receipt of the following addenda:
No, / dJ-d "7'/!Jlo~ No. 2- dJed 9"/;u"lo~
/ I ,
Respectfully submitted
'751<:.-:"'" C::::O.?~--I-/....::;h~ -::z::.e-,
(Name of Firm) "
~o, O~'JI- 770 &~>I c;;.A- ~3oge;./
(Business. A~dress) .Nt -t- "
By: U)-<.f)~ j:(.~
Title: ~C'sIJe-+-
1
P-l
RAE'S CREEK SECTION ill
PROJECT NO. 326-04-288811357
DETAIL ESTIMATE
~>\ii~M>( <<>>)~hi~~ri6~<<<<< tlMf: :~nt :>))~;t.t:> <\4iciti&f<
()::::::::::::::<< ::::~::~::::::~:::~><:<:::/>::':>::::::<<rr)>> \:>:<< ::" : ,': . :: >~~~> )}:::::/:/~::::>:<>
ROADWAY
CHANNEL EXCAVATION (9,240 e.Y,
204-0001 ESTIMATED)
Lump
24-24</...3 ~ 24-244-'3 00
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,
207-0203 FOUNDATION BACKFILL, TYPE II CY 10 2.5'" ~ Z.5""o ~
IN PLACE EMBANKMENT (3,945 C.Y. 2'-'448 ~ Z ~ t/-tf-g 0<'>
208-0100 ESTIMATED, INCLUDING DAM LS I
230-1000 LUMP SUM CONSTRUCTION- LS I /44-'780 c > 144-<JEo ~
GR AGGREGATE BASE CRS, 6 INCH /. . ,,0 27~0=~
310-5060 INCL MAn. SQYD 2500 1-
318-3000 AGGR SURF CRS TON 840 14- :::::. /1'/(.;,0 ~
ASPH. CONe. 12.5 MM GP 1 OR 2, INCL 4-7~ 13 7')5 ~
402-0113 BITUM. MATL & H LIME TON 290
ASPH. CONe. 9.5 MM GP 1 OR 2, INCL 4cr~ 7BvD ~
402-0116 BITUM. MATL & H LIME TON 200
RECYCLED ASPH CONC PATCHING, 72 ~C> 72-00 ~
402-1802 INCL BITUM MATI.. & H LIME TON 100
RECYCLED ASPH CONC LEVELING, S/~ 1S-3oD ~
402-1812 INCL BITUM MATI.. & H LIME TON 300
413-1000 TACK COAT 5D t:, ?5" 00
GAL 270 2-
CONe. CURB & GUTTER, 6 IN. X 24 IN., IZ~ s-4-00 00
441-6012 TP2 L.F. 450
/=>O~ If)oo 00
500-3101 <:LASS "An CONCRETE CY 10
~S-D ~ 13000 cD
500-3800 CLASS "An CONC. INCL. RElNF. STEEL CU.YD. 20
500-1300 STORM DRAIN PIPE, 30 IN. RCP. H 1-10 9: ",0 2-?00 DO
L.F. 30 0-
FLARED END SECTION 30 IN STORM 9'3D~ ~
550-4230 DRAIN EA 1 '730
603-2018 STNDUMPED RIP-TAP, TP I, 181N SQYD 5,760 22. !!- 12g bZD '!=:
7-S- 00
603-7000 PLASTIC FILTER FABRIC SQYD, 5,760 ~- 2") 3tc>D
610-0300 REMOVE FENCE LF 1,300 4-!!:::- ~Zcl-o ~
~
A 00 ",,0
611-4890 RESET FEN"CE LF 300 \?- 3000 -
14--~ /5"" tj-OO DO
643-9999 SPLIT RA1L FENCE LF 1,100
'70 00 2) 000 00
660-0808 SAN. SEWER PIPE, 8 IN. DUCTILE LF 300
~ 00 /(000 ...c;.
668-3300 SAN. SEWER MANHOLE, TPl EA I Woo~
SAN. SEWER MANOPLE, TP 1, ADOL. 125"~ 500 00
668-3311 DEPTII, CL 1 LF 4
GRASSING COMPLETE (6.0 ACRES 17 103 ~ /7/D~ ~
700-6001 ESTIMATED) LUMP 1
SUB TOTXL 75~ c;Sc!-: ~
P-2
RAE'S CREEK SECTION ill
PROJECT NO. 326-04':'288811357
DET All.. ESTIMATE
::;:::mM:::::::: ::;:::;:::::::::::::;b.ll:SCiUPtiON:::::::::::::::::::: "UNiT' :~~: ::::: ::trN.iT::::: :::::::AMQiJ:fti\:::
. .. ...... ..... "
. ... . .....'R1Cl1(
. ... . . . .
. ... ...... .,... :;:;::::::;::::::;:::::::;:::::::::::::::::::::::::::::::::::::::::::::;:::::::::: ....... .. .:->. ...' >> ............ ..' .....
...... ..-....
. . .
TEMPORARY EROSION CONTROL
CONSTRUCT & REMOVE SEDIMENT 5""0.00 ~ ~ooc ~
163-0531 BASIN EA I
CONSTRUcr & MAlNTAIN BALED t!j-J2 00
163-2051 STRAW EROSION CHECK LF 200 .? 95'"0
ALTERATION OF Wll.LOW CREEK 05" 5'G:.o ~ vc.>
166-D651 POND AND DAM LS 1 G:,~5"~D
167-D100 WATER QUALITY MONITORING MO 6 2oco ~ /2 &=0 ~
24-- 00 5'D 4-00 ~
170-2000 STAKED SILT RETENTION BARRIER LF 2,100
3 00 3 00
171-0010 TEMPORARY SILT FENCE, TYPE A LF 1,000 - oec -
-; 00 /D~.oo ~
171-0030 TEMPORARY SILT FENCE, TYPE C LF 1,500
SUB TOTAL 14-~ 4-10 ~
IliiiillllliiWI!lillii,iiilil!iillliilliliWiliIWliii:mliiii:liij~~ij~~:ilililil~iiliii:iiiiiiiiii:Wmiiiimiiii:I:WilWiWlliWliiWlimlliilWlliiiliim
/I g'77 &74- Be
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*LUMP SUM CONSTRUCTION
INCLUDES BUT IS NOT LIMITED TO: CONSTRUCTION LAYOUT: LOCATING MAINTAINING, AND
RESTORlNG BORROW AND/OR WASTE PITS; CLEARING GRUBBING; ALL REMOVALS AND/OR
RELOCATIONS AND ANY OTHER WORK NOT COVERED BY SPECIFIC PAY ITEM
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LUlVIP SUM CONSTRUCTION
NOTE: List all Lump Sum Construction items in detail with associated costs. Failure to
provide this may disqualify the bid.
ITEM
"73i~:mJ~ / ~s~,. --c:: e
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2) . ~s-fr...-&--h--7 9-~,t.'--7
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1)
3) ;Pock.. &.::-c:.l~....., de'~-Io.--=-j,-O-"7
4) c:::::/e~ ,....."7
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5) ~(:;; 6.. .~ -~ __/-, -0--7
C:,-r-l-... c:> I
6)
/ r~~t!-.c..
/o./e--/-s
7)
/e~j)o'-c-7
/
4d,~+ L~d --;'>Dk;> I
8) ~ Pho-~ ~~~
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9) .4~;,.?-I- sl-o.--~ '""fl,..~~ 7e -5"-hvc..-/......e}
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10) 4-4; :"'s-l- ~~,/ -z;o .~e 5
11) .4c/><>+ U~k.~ .4'p~-I~~~
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14) --;:?opeA,? ?e'~-Ic:>..-....:h';;...,. ~ a~-~
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COST
/1'/ 4!-00 00
$ -
I /
. =0
$ /2. OPO -
/
2000 aC>
$ -
~7 &00 DO
$ -
, "
& 000 ..,,0
$ -
,I
$
&. -7-00
,/
<:;>0
$
1;;>0
<tC:,o -
$
s-. /(Po ~
/
,
$
.8 040 ~
"
.
$
oD
3000
.r
$
~72-o
,
=0
$
// 00
<r-;5'"OD -
"
.
$
#- Zoo ~
,-
I
$
/S-ooo
/
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00
LUMP SUM CONSTRUCTION
15)
16)
t 17.)
18)
\'~.:
19)
20)
21)
22)
23)
I 24)
I 25)
I 26)
I 27)
I 28)
I TOTAL LUMP SUM AMOUNT
Use additional sheets if needed.
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$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
~
1# /$O~ "i
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RAE'S CREEK SECTION III
Revised 4/23/01
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.
AGGREGATE SURFACE 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
sub grade. 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
Coarse Aggregate Size 467
Stabilizer Aggregate Type 1 or 2
Crushed Stone
Subsection 815.01
Subsection 800.01
Section 803
Subsection 806.02
All materials to be used as directed by the Engineer.
AS-BUILT 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 redlined plans, a qualified engineering firm, selected:
by the contractor, shall make arrangements to obtain the original approved plans from I'
the Public Works & Engineering Office. After originals have "as built" information.
incorporated, they shall be stamped and signed on the cover sheet by a registered
Professional Engineer and returned to the Project Inspector for final processing. The
Project Inspector shall sign the as-builts and place them in the permanent record files. ,
There will be no separate payment unless otherwise shown. i
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CASINGS:
All steel casings being installed across any roadway and/or 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.
COMP ACTION:
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, etc.).
Compaction shall be achieved using approved tamps and soil layers 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 ofthe 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 PreConstruction 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 slump cone. Allowable slumps are 2" minimum and 4" maximum. Class
"A" concrete shall have a minimum of 611 lbs. Cement per cubic yard. Class "B"
concrete shall have a minimum of 470 lbs. 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, i
curing compound and dispensor, etc., all in good working condition, are on the site. i
Inspectors must be given a minimum one-hour advance notice. No concrete shall be '
placed without 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.
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CONSTRUCTION:
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 Joints. . . Per
Linear Foot.
The Contractor shall provide borrow and/or waste pits for this project. All pits
acquired for use on this project shall be reclaimed in accordance with Section 160 of
the Standard Specifications. The Contractor's attention is directed to subsection
107.23 of the Specifications.
All storm drain pipe, side drain pipe, pipe culvert wingwalls, 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 Clearing and Grubbing,
Grading Complete, Grading Per Mile or Lump Sum Construction.
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
othetwise 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 Joints. . . 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 of the curb line
not to exceed an algebraic difference of 0.07. This should 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 shall provide borrow and/or waste 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 PP A-I of this:
document. .
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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 Clearing and Grubbing,
Grading Complete, Grading Per Mile or Lump Sum Construction.
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- W are 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. The survey for this project was made by W. R. Toole
Engineers, 722-4114.
CONSTRUCTION/SPENDOUT SCHEDULES:
The Contractor shall prepare a schedule identifying the primary construction activities
and/or phases for constructing this project. A corresponding SPENDOUT schedule
shall also be included. These schedules shall be presented at the Pre-Construction
Conference.
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 i
"ENGINEER" means, and shall be deemed to mean, the Augusta-Richmond County I
Public Works Director or his designated representative. I
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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 this work shall be included in
the cost ofthe project 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
Subsection 107.23 ofthe Specifications and in accordance with page PPA-l.
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.
IIi contracts where 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
original fence at the time of its installation.
In accordance with Subsection 643.03D, the Contractor must furnish positive locking
devices, padlocks and keys with all gate assemblies.
FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this project
are to be returned to the pre-'existing shape and 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.
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 and must have
received training and a certificate upon completion of the training from a Department
approved training program. Failure to provide certified Flaggers as required above
shall be reason for the Engineer suspending work involving the Flagger(s) until th~
Contractor provides the certified Flagger(s). I
Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest,'
shirt, or jacket, and shall use a Stop/slow paddle meeting the requirements of Section
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6F-2 of the MUTCD 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 work, 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. 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.
FOUNDATION BACKFILL MATERIAL, 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 Section21O (Grading Complete or Grading Per Mile) or Section
230 (Lump Sum Construction), the Lump Sum amount bid will include all work I
necessary to obtain the line, grade and compaction in accordance with the i
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 I
unstable material. However, the Contractor shall make whatever investigations he i
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
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payment for excavation of this nature in areas where the depth exceeds three (3) feet
below sub grade. The Owner will 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 subgrade and/or normal excavation for drainage structures, ordered
by the Engineer, will be considered for payment.
GRASSING AND EROSION CONTROL:
The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to
determine the actual area to be grassed. No claims will be considered for extra
compensation if the contractor relies on 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 work shall be included in the cost of the project
unless shown as a separate pay item.
All unpaved and natural areas which are disturbed by the construction of this proj ect
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 700-6001 is shown as a pay item, Georgia Department of
Transportation specifications are modified to provide that the lump sum 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.
INFESTATION:
The entire project is considered to be within the limits of an insect infested area. The I
contractor's attention is called to the following sections of the Standard i
Specifications: (A) 155 Insect control (B) 893 Miscellaneous Planting Materials.
INSPECTIONS:
This project will be inspected by the Engineer or his Representative.
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LANDSCAPING:
All the requirements of Section 702 of the Georgia Department of Transportation
Specifications, current edition, 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.
LUMP SUM CONSTRUCTION:
The Contractor shall provide breakdowns on all components that make up Lump Sum
Construction. The breakdown shall provide the unit price assigned to each
component.
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.
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 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 of the
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).
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3. Payment for pipe culvert includes any required Concrete collars (See Georgia
Standard 9031-U).
4. All concrete storm drain and longitudinal pipe shall include O-ring gaskets.
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 or 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 constructing 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 UNITS:
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.
REMOVAL 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 I
these plants and sod except in cases where the Contractor's equipment causes,
irreparable damage or where plants and/or sod dies as the result of negligence on the
Contractor's part. In 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.
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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 colunms, 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.
RlGHT-OF-WAY AND EASEMENTS:
The Contractor shall not perform 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 to utilize private property for any purpose connected 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 ofthe property.
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 Richmond 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.
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SHOULDER WORK:
All necessary cleaning of the existing pavement, including clipping of shoulders,
required prior to resurfacing shall be the responsibility of the Contractor. The
material displaced shall be removed, lowered or spread over the shoulder to an
elevation and slope which will provide adequate drainage. The cost of such work
shall be included in the prices bid for other items.
SOD:
Sod will not be paid for separately when used to match or replace sod on adjacent
lawns as replacement in kind. See GDOT 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. If
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.
SPECIFICATIONS:
This project is based upon, and shall be constructed in accordance with, the State of
Georgia Department of Transportation Standard Specifications for Construction of
Roads and Bridges, current edition and any supplements thereto. 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 conflict is resolved, the interpretation of the Engineer shall control
the situation.
SPECIFICATIONS, 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 i
Services.
The data, together with all other information shown 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,
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the same are shown as information only, are not guaranteed, and do not bind Augusta-
Richmond County, 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 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 State of
Georgia Department of Transportation Standard Specifications for Construction of
Roads and Bridges, current edition and any supplements thereto. 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 conflict is resolved, the interpretation of the Engineer shall control
the situation.
STAND OF PERMANENT GRASS:
If a satisfactory stand of permanent grass has not been obtained prior to the Final
Inspection the contractor shall begin watering and continue watering until a
permanent stand of grass is accepted by the engineer. Water sources shall be public
streams and/or farm ponds if Augusta Richmond County watering restriction prohibit
other sources. If for any reason watering is not a viable action, the contractor shall
treat all unacceptable areas with loose sod as prescribed in Subsection 700.08A and
700.08C. There will be no additional payment for this work.
STORAGE BUll.DINGS:
The existing sheds and/or buildings shown to be relocated will be relocated by the
contractor or reconstructed as required outside of the easement as noted on the plans.
The costs associated with this shall be included in Bid Item 230-1000 Lump Sum
Construction.
STORM DRAIN PIPE:
Unless otherwise noted, all storm drain, longitudinal and stub pIpe are to be
reinforced concrete and shall include O-ring gaskets.
SUBCONTRACTORS:
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 I
the work. This information is to be furnished at the Preconstruction Conference. i
However, no work shall be done on this project by a Subcontractor until the I
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Contractor receives written approval of his Subcontractor(s) from the Engineer. The i
Engineer shall notify the Contractor in writing within 10 calendar days whether or not!
approval of the Subcontractor(s) is granted.
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NOTE: All submissions shall include the following information for each
Subcontractor:
1) Name of Subcontracting Firm
2) Description of Work To Be Done
3) Contact Person's Name and 24 Hour Phone Number
SUPERELEV ATION:
All horizontal circular curves are to be superelevated in accordance with Georgia
Standard 9028-C as directed by the Engineer.
TESTING OF THE WORK:
The Contractor shall employ a qualified 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.
Concrete compressive strength tests are required on this project (see Section 500 of
the Georgia Department of Transportation Specifications). Other tests may be
required where necessary.
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.
On projects that include asphaltic concrete, cores shall be cut in the asphaltic concrete
at random locations, selected by the Engineer, to verify thickness. A minimum of
three (3) cores per mile or three (3) cores per project, whichever is greater, shall be
cut by the Contractor. If all thickness' are satisfactory, in accordance with Section
400 of the Department of Transportation specifications, no further cores will be
required. If cores indicate an unsatisfactory thickness, additional cores, as determined
by the Engineer and at locations of the Engineer's choosing, shall be cut to determine
the extent of the unsatisfactory thickness.
Corrections as shown in Section 400 of the Department of Transportation
Specifications shall be made where required. There will be no separate payment for
cutting cores, filling core holes, or corrective work. Payment shall be included in the
price bid for asphaltic concrete items or in the overall bid price of the contract.
TEST ROLLING:
Prior to placing any base course, the sub grade shall be test rolled on six feet centers I
using a loaded dump truck or other equipment approved by the Engineer.
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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 travelway. 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.
TRAFFIC CONTROL DEVICES:
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 with 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 of time for use of the detours.
The Contractor shall so conduct his operations that there will be a minimum of
interference with, or interruption of, traffic upon and along the 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.
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UNIFORMED POLICE OFFICERS:
When shown as a pay item Uniformed Off-Duty Police Officers shall be used as
directed by the Engineer. The bid price shall be $14.00/hour.
UTILITIES:
The Contractor's attention is directed to the possibility 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 will be handled by the utility owner, with the
exceptions of the Augusta Utilities Department and Augusta Traffic Engineering.
THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK
BEGINS:
Georgia Power Company
4220 Evans To Lock Rd.
Evans, Georgia 30809
Telephone (706) 667-5633
Attention: David Wattwood
Bell South
3841 Wrightsboro Road
Augusta, Georgia 30909
Telephone (706) 860-8582
Attention: Calvin Hamby
Corncast
P. O. Box 3579
Augusta, Georgia 30904
Telephone (706) 739-1865
Attention: Kevin O'Meara
AT&T
937 Greene St.
Augusta, Georgia 30901
Telephone 706-836-2240
Attention: Bill Wadley
UTILITIES:
Atlanta Gas Light Co
1840 Wylds Rd.
Augusta, Georgia 30913
Telephone (706) 481-1452
Attention: Carl Corley
Jefferson Energy Cooperative
P. O. Box 457
Wrens, GA 30833
Telephone (706) 547-2167
Attention: Roy Chambers
Augusta Utilities
360 Bay Street, Suite 180
Augusta, Georgia 30901
Telephone (706) 312-4132
Attention: Max Hicks
Knology
3714 Wheeler Road
Augusta, GA 30909
Telephone (706) 294-2975
Attention: Patrick Casey
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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 will be
located as near as possible to the right-of-way line.
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 original,
relocated or newly installed position. Other than service lines from street mains to
the abutting property the contractor will not be held 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 following utility owners have facilities which may conflict with construction of
this project:
NAME OF UTILITY OWNER
TYPE OF FACILITY
Jefferson Energy Cooperative
Georgia Power Company
Atlanta Gas Light Company
Comcast
Bellsouth
Augusta Utilities
AT&T
Knology
Power
Power
Gas
Cable
Telephone
Water, Sewer
Telephone
Cable, Telephone
The Contractor shall use the one-call center telephone number 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
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work. Public utilities of this nature except Augusta Utilities and Augusta Traffic
Engineering will be handled by the utility owner.
UTILITY ACCOMMODATION 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 and 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.
VERTICAL GRADES:
No existing or design grades are provided on this project. It is the Contractor's
responsibility to provide his own grades ifhe so desires.
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,
corrections 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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-01.
COMPREHENSIVE MONITORING PROGRAM
GENERAL
This section covers the Contractor's responsibility to comply with the
requirements of the National Pollutant Discharge Elimination System (NPDES) General Permit
No. GAR 100000 as it pertains to Part V. Monitoring, Reporting Requirements and Retention of
Records.
-02.
DEFINITIONS:
All terms used in this section shall be interpreted in accordance with the
definitions set forth in the NPDES General Permit, some of which are restated as follows:
-3.
A.
"Best Management Practices (BMP's)" means schedule of activities, prohibitions
of practices, maintenance procedures and other management practices to prevent
or reduce the pollution of waters of the state. BMP's also include treatment
requirements, operating procedures and practices to control site runoff, spillage or
leaks, sludge or waste disposal or drainage from raw material storage.
B.
"Construction Activity" means the disturbance of soils associated with clearing,
grading, excavating, filling of land or other similar activities which may result in
soil erosion.
C.
''Final Stabilization" means that all soil disturbing activities on the site have been
completed and that unpaved areas have a minimum of 70% uniform coverage by
permanent vegetation or equivalent permanent stabilization measures such as
riprap, gabions or permanent geotextiles have been employed.
D.
"Grading" means altering ground surfaces to specific elevations, dimensions
and/or slopes; this includes stripping, cutting, filling, stockpiling and shaping or
any combination thereof.
E.
"Qualified PersOlmel" means a person who has successfully completed an erosion
and sediment control short course or an equivalent course approved by the
Environmental Protection Division (EPD) and the State Soil and Water
Conservation Commission.
INSPECTIONS
A.
Contractor shall notify Engineer within 24 hours after the installation of the initial i
soil erosion control measures so that the Engineer may inspect the measures in:
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accordance with the NPDES General Permit GAR 100000. .
B.
The Contractor shall perform site inspections of erosion, sedimentation and
pollution control measures in accordance with the requirements of the NPDES
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-04.
A.
B.
General Permit No. GAR 100000. These inspections shall not relieve the
Contractor of any obligations with respect to the Contract Documents or the
NPDES General Permit GAR 100000. Should any inspections determine that
there are deficiencies, then corrective action will be required as directed by the
Engineer or Owner's representative.
C.
The Contractor shall, at a minimum, perform the following inspections:
1. Each day when any type of construction activity has taken place on site,
qualified personnel provided by the Contractor shall inspect: a) all areas
on the site where petroleum products are stored, used or handled for spills
and leaks from vehicles and equipment; b) all locations on the site where
vehicles enter or exit the site for evidence of off-site sediment tracking;
and c) all silt retention basins, traps barriers, etc. for evidence of failures,
potential failures or excess silt accumulations.
2. At least once a week and within 24 hours after each rainfall event of 0.5
inches or greater on the site, the Contractor must inspect: a) disturbed
areas not permanently stabilized; b) material storage areas; and c) erosion
control measures (BMP's).
3. Inspections shall begin with the first earth moving operations and must
continue until such time that the project is complete, the site has achieved
final stabilization and the Notice of Termination has been submitted. The
Contractor shall document these daily inspections on a form provided by
or approved by the Owner's representative and must submit these forms
weekly and after each rainfall event to the Owner's representative.
Additionally, should a deficiency in any of the erosion control measures
be noted, the Contractor shall notify the Owner's representative within 24
hours and make the necessary corrections within two days.
4. In the event BMP's are not properly installed and maintained, the
Contractor shall be responsible for all costs associated with additional
sampling as specified in Part V.A.5.e and Part V.A.5.f, of the NPDES
permit.
MONITORING & REPORTING
The Contractor's qualified persOlmel shall measure and record the rainfall on the
site each day and the rainfall data shall be submitted to the Owner's representative'
at the end of each week.
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A monthly information report shall be prepared by the Contractor and shall i
include the following information:
1. Rainfall amount on sample date.
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-05.
B.
2. The date, exact location and time of sampling or measurements.
3. The names(s) of the individual(s) who performed the sampling.
4. The date(s) analyses were performed.
5. The time the analyses were performed.
6. The name(s) of the individual(s) who performed the analysis.
7. References and written procedures, when available, for the
analytical techniques or methods used. A quality controVquality
assurance program must be included in the written procedures.
8. The results of such analyses, including the bench sheets,
instrument readouts, computer disks or tapes, etc., used to
determine the results.
C.
By the fifteenth of the month following the reporting period, the Contractor shall
submit the monthly report of the monitoring results to the Owner and to the
Environmental Protection Division (EPD) at the following address:
Northeast Georgia Regional Office
Georgia Environmental Protection Division
745 Gaines School Road
Athens, GA 30605
D.
The Contractor shall also retain copies of all monthly reports on the site.
SAMPLING & TESTING:
A.
Samples may be taken manually or with the' use of automatic samplers, in
accordance with the NPDES General Permit GAR 100000. Sample locations
shall be as shown on the Soil Erosion, Sedimentation and Pollution Control Plan.
All samples shall be analyzed in accordance with the NPDES General Permit
GAR 100000, regardless of the method used to collect the samples. If samples
are analyzed in the field using portable turbidimeters, the monitoring results must
state that they are being used and a digital readout ofNTU's is what is provided.
Bench sheets, work sheets, etc., must be submitted when using portable
turbidimeters. This information is to be submitted to the Owner and EPD with the
monthly monitoring report.
c.
In accordance with then NPDES General Permit GAR 100000, the Contractor
shall take storm water samples from the locations designated on the plans and
perform the required turbidity tests at the following times:
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1. During or immediately after the first rainfall event of 0.5 inch or more in a
24 hour period on the site after the soil erosion and sediment control
measures have been installed;
2. During or immediately after each rainfall event greater than 1.0 inch in a
24 hour period (but no more than one event per month is required) on the
site thereafter until the site is stabilized and a Notice of Termination is
submitted.
3. During or immediately after each rainfall event greater than 2.0 inch in a
24 hour period on the site thereafter until the site is stabilized and a Notice
of Termination is submitted.
4. Following final stabilization of the site, at least one rainfall event greater
than or equal to 0.5 inches in a 24 hour period (final sampling data).
-06.
MEASUREMENT AND PAYMENT:
Payment for the work specified herein shall be made according to the Monthly
Unit Price shown in the Bid Schedule for Water Quality Measuring. Payment shall be full
compensation for all work required to comply with the NPDES General Permit GAR 100000
including: recording daily rainfall data; performing required inspections; obtaining and analyzing
the required samples; and preparing and submitting the required reports.
Payment for this work will be made upon a satisfactory submission of the
required monthly reports beginning with the first Construction Activity and continuing until the
site has reached final stabilization and the Notice of Termination has been submitted to EPD.
Should there a month with no qualifying rainfall event, the monthly Water Quality Monitoring
pay item will still be paid.
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