HomeMy WebLinkAboutRepair of Damaged Perimeter Drainage System
Augusta Richmond GA
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DOCUMENT TYPE: ~ 6rJ-r(2..ACI ~
YEAR: ;<ODO
BOX NUMBER: / ~
FILE NUMBER: I ~ ;) 0 <6
NUMBER OF PAGES:
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CONTRACT DOCUMENTS
FOR
REPAIR OF DAMAGED
PERIMETER DRAINAGE SYSTEM
AT
AUGUSTA-RICHMOND COUNTY
LAND FILL
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LIST OF PROJECT DOCUMENTS
Repair of Damaged Perimeter Drainage System
At Augusta-Richmond County Landfill
SECTION
PAGES
Instruction to Bidders
IB-l thru IB-3
Georgia Prompt Pay Act
PPA-l
Minority and Economically
Disadvantaged Business Support
ME-l
Special Conditions
SP-l
Agreement
A-l thru A-4
General Conditions
1 thru 33
Supplementary Conditions
SC-l thru SC-2
Proposal
P-l thru P-3
HDPE Specifications
1 thru 4
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SECTION IB
lNSTRUCTION TO BIDDERS
IB-O I 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to the time stated any proposal may be withdrawn at the discretion of the bidder, but no
proposal may be withdrawn for a period of sixty (60) days after bids have been opened,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 ofthe 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, August, 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 days prior to the date fixed for the opening 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 PREP ARATON 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 words "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 of the firm and his signature
attested by the secretary thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bond 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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IB-06 BIDDER'S QUALIFICATIONS
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 EQUIP:MENT STATE:MENT, 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 detennine 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
of him fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein. Part of the
evidence required above shall consist of a list of the names and addresses of not less than
five (5) firms or corporations for which the bidder has done similar work.
IB-07 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 of the contract satisfactory to the Owner and
authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof a certified and
effectively dated copy of the power of attorney.
IB-08 REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be make 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.
IB-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 13-11-01, et seg. In the event any
provision of the Contract is inconsistent with any provision of the Prompt Pay Act, the
provision of this contract 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 County, 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 "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 ciny 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.
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MINORITY AND ECONOMICALLY DISADVANTAGED 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 bidders shall include with their bid a statement of qualifications 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.
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SCOPE:
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Repair of Damaged Perimeter Drainage System
At Augusta-Richmond County Landfill
SPECIAL CONDITIONS
This project includes the repair and/or replacement of an existing 42"
HDPE storm drain and associated incidentals.
1) All contract documents are subject to the interpretation of the Engineer in
accordance with pre-award meeting discussions on April 29, 2002.
2) Extreme caution shall be exercised by the Contractor, such that the
existing 24" HDPE that parallels the damaged 42" HDPE, is not disturbed
ill any manner.
3) Special attention shall be given to assuring that all joints and the shape of
the circular shape of the 42" HDPE are in no way compromised.
4) The Contractor will have 30 calendar days to complete the work once the
Engineer issues a" Notice to Proceed".
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SECTION A
AGREEMENT
TillS AGREEMENT, made on the .tL-~ay of ~d , 20021Jy and between
Augusta-Richmond County Commission-Council
party of the first part, hereinafter called the OWNER, and
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter
names, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all of the materials and all of the
equipment and labor necessary, and to perform all of the work shown on the plans and
described in the specifications for the project entitled:
Repair of Damaged Perimeter Drainage System
At Augusta-Richmond County Landfill
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 as directed by
the Engineer. All work shall be completed within 30 calendar days with such extensions
of time as are provided for in the General Conditions.
It is hereby understood and mutually agreed, by and between the contractor and
the Owner, that the date of beginning, rate of progress and the time for completion of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor
agrees that said work shall be executed regularly, diligently, and uninterruptedly at such
rate of progress as will insure full completion thereof within the time specified. It is
expressly understood and agreed by and between the Contractor and the Owner, that the
time for completion of the work described herein is a reasonable time for completion of
the same, taking into consideration the average climatic range and construction
conditions prevailing in this locality.
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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.
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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
signature, stating that the work required by this Contract has been
completed and is accepted by him under the terms and conditions thereof,
and the entire balance found to be due the Contractor, including the
retained percentage, shall be paid to the Contractor by the owner within 15
days after the date of said final certificate.
(b) Before final payment is due, the Contractor shall submit evidence
satisfactory to the Engineer that all payrolls, material bills, and other
indebtedness connected with work have been paid, except that in case of
disputed indebtedness 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 certifies, the Owner shall upon certification of the Engineer, and
without terminating the contract, make payment of the balance due for that
portion of the work fully completed and accepted.
(e) Notwithstanding any provision of the General Conditions, there shall be
no substitution of materials or change in means, methods, techniques,
sequences or procedures of construction that are not determined to be
equivalent to those indicated or required in the Contract Document,
without an Amendment to the Contract..
Each payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
A-3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
cOWlterparts, each of which shall be deemed an original, in the year and day first
mentioned above. ~
AUGUSTA-RICHMOND COUNTY ';
COMMISSION-COUNCIL
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Title: Ma or of Au sta-Ri
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Arricle
Number Tirle
Pa~e
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DEFINITIONS...................................................... 7
8
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PRELI~lINAR Y MA TIERS ........................................
CONTRACT DOCUMENTS;
I~TE~T. AMENDING AND REUSE...............................
A V AILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS.... ...................... ............. .......
BONDS AND INSURANCE........................................
CONTRACTOR'S RESPONSIBILITIES............................
OTHER "YORK .................... .......... ........ ........... ....
OWNER'S RESPONSIBILITIES....................................
ENGINEER'S STATUS DURING CONSTRUCTION ..............
CH.-\~GES IN THE WORK........ ....... ..........................
CHANG E OF CONTRACT PRICE..... .... ...... .. .......... .... ...
CHANGE OF CONTRACT TIME...................................
WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK...........................
PA YMENTS TO CONTRACTOR AND COMPLETION ............
SUSPENSION OF WORK AND TERMINATION ....... ..........
ARBITRATION....... ..... .... ............ ...... ........ ...........
MISCELLANEOUS........................................... ... ...
4
5
6
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9
10
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12
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14
15
16
17
3
9
10
II
14
18
19
19
21
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24
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INDEX TO GENERAL CONDITIONS
Anicfe or Paragraph
Numbf!r
Acceptance of Insurance ............................. 5.13
Access [0 [he Work ..................................13.2
Addenda-:Jeiinition of (see definition of
S pecincations) ........................................ 1
Agreement-:Jefinition of ................................ I
All Risk !nsur::mce ..................................... 5.6
Amendment. Wrinen ............................. 1.3.1.1
Application for Paymenc-:Jeiinition of .................. I
Application for Payment. Final .......:.............. 14.11
Application for Progress Payment .................... 14.2
Application for Progress Payment-review of .... 14A-14.7
.-\rbitration ............................................. 16
Authorized Variation in Work ......................... 9.5
A vailability of Lands .................................. 4.1
A ward. ~otice o[~eiined .............................. I
Before Starcing Construction ...................... 2.5-2. i
Bid-:Jennilion of ....................................... 1
Bonds and Insurance-in general ........................ 5
Bonds-:Jennition of . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . " I
Bonds. Delivery of ............................. _. 2.1. 5.1
Bonds. Performance and Other .................... 5.1-5.':
Cash Allowances ..................................... I 1.8
Change Order-:Jerinition of .. ~ . . . . . . . . . . . . . . . .. . . . . . . . .. I
Change Orders-\o be executed ...................... lOA
Changes in the Work ................................... 10
Oaims. Waiver of~n Final Payment ............... 14. 16
Clariiic;uions and Interprecations ...................... 9.4
Oeaning ............................................. 6.1 i
Completion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. J 4
Compietion. Substantial ......................... 14.8-14.9
Conference. Preconstruction ........,................. 2.8
Connic:. Error. Discrepancy-ClJocractor
[0 Report ...................................... 2.5.3.3
Construction Machinery. Equipment. etc. ............. 6A
ContinUing Work. . ................................... 6.19
Contract Documents-amending and
supplementing ............ ....................... 3.4-3.5
Contract Document.s-<ieiinition of ....................... I
Contract Documents-Intent...................... 3.1-3.3
Contract Documents-Reuse of ....................... 3.6
Contract Price. Change of .............................. II
Contract Price--.ieiinition ............................... I
Contract Time. Change of .............................. 1::
Contract Time. Commencement of .................... 2.3
Contract Time--.iefinition of ............................ I
Contractor-:Jerinition of ................................ 1
Contractor May SlOp Work or Terminate ............. 15.5
Contractor's Continuing Obligation .................. 14.15
Contractor's Duty to Report Discrepancy
in Documents .................................. 2.5. 3.2
Contractor's Ft:e-Cost Plus '" 11.4.5.6. 11.5.1. 11.6-11. 7
Contractor's Liability Insurance ....................... 5.3
Contractor's Responsibilities-in general ................ 6
Contractor's Warranty ofTicle ........................ 14.3
Contracto~ther ..... .... ........ ............ ..... .... 7
Contractual Liability Insurance ........................ 5.4
Coordinating Contractor-:Jefinition of ................ 7.4
Coordination .......................................... 704
Copies of Documents .................................. 2.2
Correction or Removal of Defective Work........... 13.11
Correction Period. One year........................ 13.12
Correction. Removal or Acceptance of Defective
Work-in general ........................... 13.11-13.14
Cost-net decrease ................................. 11.6.2
Cost of Work.................................... 11.4-11.5
COSts. Supplemental. . . . . . . . . . . . . . . . . . .. .... . . . . . . .. 11.4.5
Day-:Jennition of ....................................... 1
Defecrive-derinition of ................................. I
Defecrive Work. Acceptance of ......................13.13
Defecrive Work. Correction or RemoVal of .......... 13. J I,
Defeclive Work-in general ............... 13. 14. i. 14.11
Defecrive Work. Rejecting ....... . .. .. . .. .. .. .. .. .. .... 9.6
Definitions .............................................. 1
Delivery of Bonds ..................................... 2. I
Determination for U nit Prices ..,....... . .. . .. .. .. .... 9. I 0
Disputes. Decisions by Engineer............. .... 9.11-9.12
Documents. Copies of ................................. 2.2
Documents. Record .................................. 6.19
Documents. Reuse .................................... 3.6
Drawings--iefinition of ................................. I
Easements ............................................ 4. I
Effective date of Agrcement-definition of . . . . . . . . . . . . . .. I
Emergencies ......................................... 6.'::
Engineer-:Jefinition of .................................. I
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 Conscruction---ln general ...... 9
Equipment. L1bor. Materials and...... ........ .... 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
E:tplorations of physical conditions ................... 4.::
Fee. Concractor's-Costs Plus........................ 11.6
Field Order-definitjon of ............................... 1
Field Order-issued by Engineer ................ 3.5.1. 9.5
Final Application for Payment ....................... 14.12
Final Inspection ..................................... 14. I I
Final Payment and Acceptance ...................... J 4.13
Final Payment. Recommendation of ........... 14.13-14.14
General Provisions .............................. 17.3-1 i.4
General Requirements--ierlnition of . . . . . . . . . . . . . . . .. . . .. I
General Requirements-principal
references [0 ................. :.6.4.4. 6.4. 6.6-6.7.6.23
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Gtving Notice ........................................ 17.1
Guarantee of Work-by Contractor................... 13.1
Indemnification.. . . .. . .. .. .. .. ... .. .. .. .. ... 6.30-6.32. 7.5
Inspection. Final .................................... 14.11
Inspection. Tests and ..... -........................... 13.3
Insurance. Bonds and-in general ....................... 5
Insurance. Certificates of ........................... 2.7,5
Insurance-completed operations. ..................... 5.3
Insurance. Contractor's Liability ...................... 5.3
Insurance. Contractual Liability....................... 504
Insurance. Owner's Liability .......................... 5.5
Insurance. Property .............................. 5.6-5.13
Insurance-Waiver of Rights ......................... 5.11
Intent of Contract Documents ................... 3.3.9.14
Interpretations and Clarifications ...................... 9.4
Investigations of physical conditions. . . . . . . .. . . . . . . . . .. 4.1
Labor. Materials and Equipment .................. 6.3-6.5
Laws and Regulations-dennition of ..................... I
Laws and Regulations--general .................. ..... 6.14
Liability Insurance-Contractor's ..................... 5.3
Liability Insurance-Owner's ......................... 5.5
Liens--definitions of ................................ 14.1
Limitations on Engineer's
Responsibilities ..................... 6.6, 9.11. 9.13-9.16
Materials and equipment-fumished by Contractor .... 6.3
Materials and equipment-not
incorporated in Work .................... ........... 14.2
Materials or equipment-equivaJent ................... 6.7
Miscellaneous Provisions ............................... 17
Multi-prime contracts ................................... 7
Notice. Giving of ..................................... 17.1
Notice of Acceptability of Project ................... 14.13
Notice of A ward--<iefinition of .......................... I
Notice to Proceed-definition of . .. . .. .. .... .. . .. .. . .. ... I
Notice to Proceed-giving of ................................. ~..J
"Or.Equal" Items..................................... 6.7
Other contractors ....................................... 7
Other work .............................................. i
Overtime Work-prohibition of ........................ 6.3
Owner--<iefinition of .................................... 1
Owner May Correct Defective Worle ................. 13.14
Owner May Stop Work. .... . .......... ............:. 13.10
Owner May Suspend Work. Tenninate .......... 15.1.15A
Owner's Duty co 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
Partial Utilization .................................. 14.10
Partial Utilization-definition of ......................... I
Partial Utiliz:llion-Property Insurance.......... ..... 5.15
Patent Fees and Royalties ............................ 6.11
Payments. Recommendation of ........... 14.4-14.7. 14.13
Payments to c.>ntractor-in general .................... 14
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Payments to Contractor-when due ........... 14.4, 14.13
Payments to Contractor-withholding ................ J4.7
Penonnance and otner 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 reports. .. .. .. 4.2.1
Physical Conditions-possible document change ..... 4.2.?
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-definition of ............................ I
Progress Payment. Applications for..... ........ ...... J4.1
Progress Payment-retainage ......................... 14.1
Progress schedule ............... 2.6.2.9,6.6.6.19. 15.1.6
Project-definition of .................................... 1
Project Representation-provision for ................. 9.3
Project Represencative. Resident-definition of .......... I
Project. Starting the ..............:.................... 2.4.
Property Insurance............................... 5.6-5.13
Property Insurance-Parcial Utilization ............... 5.15
Property Insurance-Receipt and Application
of Proceeds ................................... 5.12.5.13
Protection. Safety and ........................... 6.10-6.21
Punch list ........................................... 14.11
Recommendation of Payment.................. 14.4. 14.13
Record Documents ................................... 6.19
Reference Points ...................................... 4.4
Regulations. Laws and ............................... 6.J4
Rejecting Defective Work ............................. 9.6
Related Work at Site .............................. 7.1-7.3
Remedies Not E;tclusive ............................. 17.4
Removal or Correction of Defective Work ........... 13 .11
Resident Project Represencative-definition of .... . . . . . .. I
Resident Project Represencative-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 or Documents .................................. 3.5
Rights of Way ......................................... ~.1
Royalties. Patent Fees and ........................... 6.12
Safety and Protection....... 6.20-6.21, 18.1-18.2
Santples ......................................... 6.13-6.28
Schedule of progress ........ 2.6.2.3-2.9.6.6.6.29. 15.2.6
Schedule of Shop Drawing
submissions ...................... 2.6. 2.3-2.9. 6.23. 14.1
Schedule of values ...................... 2.6. 2.3-2.9. I ~.I
Schedules. Finalizing. .. .. .. .. ...... ...... ... ... ....... 2.9
Shop Drawings and Santples ..................... 6.23-6.28
Shop Drawings-iefinition of . . . . . . . . . . . . . . . . . .. .. . . . . . .. 1
Shop Drawings. use to approve
substitutions ...................................... 6.7.3
5
Site. Visits to-by Engineer ........................... 9.2
Specifications-definition of ............................. 1
Starting Construction. Before. . . . . . . ... .. . . . . . . . . .. 2.5-2.8
Starting the Projecl .................................... 2.4
Stopping Worlc-by COntraclor .. ..................... 15.5
Stopping Work-by Owner.......................... 13.10
Subcontraclor-definition of ... . . . . . . . . . . . .. . . . . . . . . . . '" 1
Subcontraclors-in general....................... 6.8-6.11
Subcontracls--required provisions ............ 5.11.1. 6.11
11.4.3
Substantial CompletioD-artification of .............. 14.8
Substantial Completion-definition of. . . . . . . .. . . . . . . .. . .. I
Substilute or "Or-Equal" Items. ...................... 6.7
Subsurface Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.2-4.3
Supplemental costs ................................. 1104.5
Supplementary Conditions-definition of ................ I
Supplementary Conditions-principal
references to .. 2.2.4.2.5.1.5.3.5.6-5.8.6.3.6.13.6.23.
704. 9.3
Supplementing Contract Documents............... 3.4-3.5
Supplier-definilion of . . . . . . . . . . . . . . . . . .. . . . .. . . .. . . . . . .. 1
Supplier-principal references lO ... 3.6.6.5.6.7-6.9.6.20.
6.24.9.13.9.16.11.8.13.4.14.12
Surety--consent to payment.................. 14.12. 14.14
Surely-Engineer has no duty to ..................... 9.13
Surety-ootice to .... ... ................... 10.1. 10.5. 15.2
Surety~ualification of ........................... 5.1-5.2
Suspending Work. by Owner ......................... 15.1
Suspension of Work and Termination-in general....... 15
Superintendent-Contractor's ......................... 6.2
Supervision and S~perintendence .................. 6.1-6.2
Tues--Payment by Contractor. . . . . . . . .. . . . .. . . . . . . .. 6.15
T ermination-bv Contractor .. .. .. .. .. .. .. .. . . .. .. .... 15.5
Termination-bY Owner............... ~......... 15.2-1504
Termination. Suspension of Work and-in general...... 15
Tests and Inspections ........................... 13.3-13.7
Time. Change of Contract .............................. 11
I
Time. Computation of ................................ 17.2
Time. Contract-definition of ..... . . .. .. .. . . . . . . .. . .. . . " 1
Uncovering Work............................... 13.8-13.9
Underground Facilities-definition of .................... 1
Under~ound Facilities-not shown or indicated..... 4.3.2
Underground Facilities--protection of ........... 4.3. 6.20
Undenrround Facilities--shown or indicated......... 4.3.1
Unit Price Work-definition of .......................... 1
Unit Price Work-general ................. 11.9.14.1. 14.5
Unit Prices.................................. ....... 11.3.1
Unit Prices. Determinations for... .................... 9.10
Use of Premises ................................. 6.16-6.18
Utility owners .......................... 6.13.6.20. 7.2-7.3
Values. Schedule of ......................... 2.6.2.9. 14.1
Variations in Work-Authorized... ......... 6.25. 6.27. 9.5
Visits to Site-by Engineer ............................ 9.2
Waiver of Claims-on Final Payment................ 14.16.
Waiver of Rights by insured parties .............. 5.10. 6.11
Warranty and Guarantee-by Contractor ....:........ 13.1
Warranty of Title. Contractor's ....................... 14.3
Work. Access [0 ..................................... 13.2
Work-by others ........................................ 7
Work Co~tinuing During Disputes .................... 6.29
Work. Cost of .................................... 11...-11.5
Work-definition of ............................,........ 1
Work Directive Change-definition of ................... 1
Work Directive Change-principal .
references to ............................ 3.4.3. 10.1-10.2
Work. Neglected by Contractor .....................13.14
Work. Stopping by Contractor........................ 15.5
Work. Stopping by Owner....................... 15.1-15.4
Written Amendment-definition of ...................... I
Written Amendment-principal
references to ..................... 3.4.1. 10.1. 11.2. 12.1
6
GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to bOlh the singulnr and plural
thereof:
Addenda-Written or graphic instruments issued prior [0 [he
opening uf Bids which clarify. corn~<.:t or change the bidding
documents or the Contract Documenls.
Agreemellt- The wrilten agreement between OWN ER and
CONTRACTOR covering the Work to be performed: other
Cuntract Documents are attached to (he ,'-\greement and made
a part thereof as provided therein.
Applicatiol/ J{}r Pa.\'I11el/t- The form accepted by ENG 1_
:'-lEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is [0 include such sup-
porting Jocumentation as is required by the Contract
Documents.
Bid-The offer or proposal of the bidder submitted on the
prescribed form setting forth [he prices for the Work to be
performed.
BOllds-Bid. performance and payment bo'nds and other
instruments of security.
Change Order-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition. deletion or revision in the Work. or an
adjustment in the Contract Price or [he Contract Time. issued
on or after the Effective Date of the Agreement.
Contracr Docllments- The Agreement. Addenda (which per-
tain to the Contract Documents). CONTR.-\CTOR's Bid
(including documentation accompanying the Bid and any post.
Bid documentation submitted prior to the Notice uf Award)
when attached as an exhibit to the Agreement. the Bonds.
these General Conditions. the Supplementary Cunditions. the
Specifications and [he Drawings as the same are more spe-
cifically idenlified in the .-\greement. together with all amend.
ments. modifications and supplements issued pursuant tu
paragraphs 3..+ and 3.5 llO or after the Elfective Date uf the
Agreement.
CUI/tracr Price-The moneys payable by OWNER [0 CON-
TRACTOR under the Contract Documents as stated in the
Agreement (subject [0 the provisiuns of paragraph 11.9.1 in
the case of Unit Price Work).
COlltran Tim/!- The number of days (computed as provided
in paragraph 17.2) ur the date sWled in the Agreement for the
completion uf (he Wurk.
CONTRACTOR-The person. firm or curpomtiun with whllm
OWN ER has enlered into the Agreemenl.
..
Jefectil'e-An adjective which when modifying the word Work
refers to Work [hat is unsatisfactory. faulty or deficient. or
does not conform to the Contract Documents. or does not
meet the requirements of any inspection. reference standard.
test or approval referred to in the Contract Documents. or
has been damaged prior to ENGINEER's recommendation
of final payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 ur 14.1 OJ.
Drawillgs- The drawings which show the character and scope
of [he Work to be performed and which have been prepared
or approved by ENGIN EER and are reterred to in the Con-
tract Documents.
Effecril'l! Dme IIf tire Axreemelll- The date indicated in [he
Agreement on which it becomes etfective. but if no such date
is indicated it means [he date on which the Agreement is
signed and delivered by the last of the twu parries to sign and
deliver.
E.VGINEER- 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.
Gt!lleral Requiremellts-Sections of Division I of [he Speci-
fications.
Lall's and Reglllations: Laws or Regularions-Laws. rules.
regulations. ordinances. codes and/or orders.
Nutice of .4.11'ard- The written notice by OWNER to the
apparent successful bidder stating [hat 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 ({) Proceed-A written notice given by OWNER to
CONTRACTOR(with a copy to ENGINEER> fixing the date
on which the Cuntract Time will commence to run and on
which CONTRACTOR shall start to ~erform CONTRAC-
TOR'S obligations under the Contract Documents.
ow,vER- The public body or authority. corporation. asso-
ciation. rirm ur person with whom CONTR.-\CTOR has entered
into the Agreement and for whom the Work is to be provided.
Parried Utili:.atioll-Placing a portion of the Wurk in service
for [he purpose for which it is intended (or a related purpose)
before rea<.:hing Substantial Completion for all the Wurk.
Prujecr- The total construction of which [he Work to be
provided under the Contract Documents may be the \....hote.
ur a part as inJicated elsewhere in the Contract Documents.
Residellt Projecr RepreJ<'llfatil'e- The authorized represen-
[ative uf E~G[NEER whu is assigned to the site ur any part
(hereof.
7
Shop Drawings-All drawings, diagrams. illustrations,
schedules and other data which are specifically prepared by
or for CONTRACTOR to illustrate some portion of the Worle:
and all illustrations. brochures. standard schedules. perfor-
mance charts. instructions. diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR to
illustrate material or equipment for some portion of the Work.
Sp~cifications-Those portions of the Contract Documents
consisting of 'NTitten technical descriptions of materials.
equipment. const.~ction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
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 W orle: at the
site.
SubstamiaJ Compl~tion- The Worle: (ora specified part thereof)
has progressed to the point where. in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion. it is sufficiently complete. in
accordance with the Contract Documents. so that the Work
(or specified part) can be utilized for the purposes for which
it is intended; or if there be no such 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.
Supp/~m~nrary Conditions-The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
Supplier-A manufacturer. fabricator. supplier. distributor.
materialman or vendor.
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 ser.-ices 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.
Unit Price Work-Work to be paid for on the basis of unit
pnces.
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 ser.-ices. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
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.
ordering an addition. deletion or revision in the Work. or
responding to differing or unforeseen physical conditions under
which the Work is to be performed as provided in paragraph
4.1 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 Amendm~n(-A written amendment of the Contract
Documents. signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and nonmilly deal-
ing with the nonengineering or nontechnical rather than strictiy
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELL'vlINARY MATTERS
Delivery of Bonds:
~.l. 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 DocumelUS:
.,., OWNER shall furnish to CONTRACTOR up co ten
copies (unless otherwise specified in tbe 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.
Comm~ncemem of Contract Time: Notice 10 Proceed:
~.3. The Comract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement. or. if
a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thirty days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
SlJUting lire Project:
:.4. CONTRACTOR shall start [0 perform the Work on
the date when the Contract Time commences to run. but no
Work shall be done at the site prior to the date on which the
Contract Time commences to run.
Before Starting Construction:
:.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
8
0:
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conrlict. 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..l..CTOR had actual knowledge thereot" or should
reasonably have known thereof.
:.6. Within ten days after the Effective Date of [he Agree-
ment (unless otherwise specified in the General Require-
ments). CONTRACTOR shall submit to ENGINEER for
review:
:.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
2.6.2. a preliminary schedule of Shop Drawing sub.
missions: and
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
inco component parts in sufficient detail to serve as the
basis for progress payment~ 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.
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..+. 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,
Preconsrruction Conference:
2.3. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR starts [he W0rk at
the site. J. conference attended by CONTRACTOR. ENGI-
NEER :J.nd L)[hers as appropriate will be held to Jiscuss the
schedules referred to in paragraph 2.6. to discuss procedures
for handling: Shop Drawings and other submittals and for
processing ..l..pplications tar Payment. and to establish a working
understanding among the parties as [0 [he Work.
Fina/i:ing Schedules:
2.9. ..l..[ least ten days before submission of the tirst Appli-
cation for Pa\'ment a conference attended by CONTRAC-
TOR. ENGINEER and 0[hers as appropriate will be held to
finalize the ~.;heduks submitted in accordance \\'ith para-
','
graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within [he 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 tinalized schedule of values will
be acceptable to ENGIN EER as to form and substance.
ARTICLE 3-CONTRACT DOCUMDITS: INTE:'-IT,'
AMENDING. REUSE
Intent:
3.1, The C0ntract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
caUed for by one is as binding as if called tar 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 [hereon 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 [0 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 etTect at the time of opening of Bids (or. on
the Effective Date of the Agreement if there were no Bids 1.
except as may be otherwise specifically stated. However. no
provision of any referenced standard specification. manual
or code (whether or not specificall y incorporated by reference
in the Contract Documents) shall be etfective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGINEER. or any of their consultants. agents or employ-
ees from those set forth in the Contract Documents. nor shall
it be effective to <1ssign [0 ENGINEER. or any of E:-JGI-
NEER's consultants. agents or employees. any dUlY or
authority to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility contrary to the provisions 0f par.lgraph 9.15 0f 9.16.
Clarifications and interpretations of [he Contract Documents
~hall be issued by ENGIN EER as provided in paragraph 9A.
3.3. If. during [he performance of the Work. CONTRAC-
TOR finds a conrtil.:t. aror or discrepancy in the Contract
Documents. CONTRACTOR shall so report to ENGINEER
in writing at once anu before proceeding with the Work atTected
thereby ~hall obtain a written interpretation or ciaritication
9
..
fro~ ENGINEER: however, CONTRAcrOR 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 known thereof.
Anutuiing and Suppume1lling ConlTat:t DocumelUS:
3.4. The Contract Documents may be amended to pro-
vide for additions. deletions and revisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways:
3.4.1. a formal Written Amendment.
3.4.2. a Change Order (pursuant to paragraph 10.4).
or
3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
As indicated in paragraphs I 1.2 and 12.1. Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
3.5. In addition. the requirements of the Contract Docu-
ments may be supplemented. and minor variations and devia-
tions in the Work may be authorized. in one Or more of the
following ways:
3.5.1. a Field Order (pursuant to paragraph 9.5).
3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27), or
3.5.3. ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
Reuse of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
n~hing any of the Work under a direct or indirect contract
wich OWNER shall have or acquire any title to or ownership
rights in any of the Drawings. Specifications or other docu-
ments (or copies of any thereof) prepared by or bearing the
seal of ENGINEER: and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
ARTICLE ~A V AILABILITY OF LANDS: PHYSICAL
CONDITIONS; REFERENCE POINTS
A'Iaii4JJiliry of Uuuis:
4.1. OWNER shall furnish. as indicated in the Contract
Documents. the lands upon which the Work is to be per-
formed. rights-of-way and easements for access thereto. and
. .
such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER. unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRAcrOR to an extension of the Con-
tract Time. CONTRAcrOR may make a claim therefor as
provided in Article 11. CONTRACTOR shall. provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Phys~a1 Con.dili.on.r:
4.1.1. Explorations and Reports: 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-
TRAcrOR 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 CONTR'\C-
TOR believes that:
4.2.3.1. any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs 4.~.1
and 4.2.~ is inaccurate. or
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated. reflected or referred to in the Contract Docu-
ments.
CONTRACTOR shall. promptly after becoming aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by para-
graph 6.21). notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
10
..
.L2.4. ENGINEER's Rel'it'lI': ENGINEER will
promptly review the peninem conditions. determine the
necessity of obtaining additional ~xplorations or tests with
respect thereto and advise OWN ER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and con-
clusions.
4.2.5. Possihle DOCftmenr C/rctn'!e: If ENGINEER
concludes that there is a mat~riaJ ~rror in the Contract
Documents or [hat because of newly discov~red condi-
tions a change in the Comract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to retiect and document the
consequences of the inaccuracy ur difference.
4.2.6. Possihle Price und Tillie Adjustlllellts: In ~ach
such case. an increase or decrease in the Contract Price
or an extension or shonening of the Comract Time. or any
combination thereof. will be allowable to the ~xtent that
they are allributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amoum or length thereof. a claim may be made therefor
as provided in A,rticles i I and 12.
Physical Condinons-Cnderground Facilities:
4.3, I , S frol\'n ur l/ldicated: The information and data
shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or co'miguous to th'e
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 olherwise expressly pro-
vided in the Supplementary Conditions:
.U. I. I. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
4.3.1.2. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for localing all Underground Facililies shown
or indicated in the Contract Documents. for coordina-
tion of the Work with the owners of such Underground
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6.20 and
repairing any damage thereto resulting from th~ Work.
the cost of all uf which will be considered as having
been included in the Comract Price.
4.3.2. Not Shol\'/l or l/ldicated. If an Underground
Facility is uncovered or revealed at or contiguous to the
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have b~en expected to be aware of. CONTRACTOR
shall. promplly after becoming aware thereof and before
performing any Work affected thereby (except in an ~mer-
gency as permiueu by paragraph 6.22), identify the owner
of such U nd~rgrounJ Facility and give written notice thereof
to that owner and tll OWNER and ENGINEER. ENGI-
NEER will promptly' review the Underground Facility to
determine the extent [0 which the Contract Documents
should be modified [Q reflect and document [he conse-
quences of the existence of the Underground Facility. and
the Contract Docum~nts will be amended or supplemented
to the extent necessary. During such time. CONTRAC-
TOR shall be responsible for the safety and protection of
such Underground 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 bOlh.
to the e:Hent that they are anributable to the e,istence of
any Underground Facility [hat 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 [0 agre~ as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in .-\rticles II and 12.
Refertnce Points:
404. OWN ER shall provide engineering surveys [0 estab-
lish reference points forcons[ruction which in ENGINEER's
judgment are necessary to enable CONTRACTOR [0 proceed
with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements). shall prOlect and preserve the established
reference points and shall make no changes or relocations
without the prior wrinen approval of OWNER. CONTRAC-
TOR shall repQrT 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 [he 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 failhful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after [he date when final payment becomes due. except
as otherwise provided by Law or Regulation or by the Con-
tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary C <.Jndi-
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as .-\ccepcable Sure-
ties on Federal Bonds and as Acceptable R~insuring Com-
panies" as published in Circular 570 (amended) by the .-\udit
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 suretv on anv Bond furnished by CONTR.-\C-
TOR is declared a bankrup; ur becomes insolvent or its right
to do business is terminated in any state wh~re any pan of
11
'i
the Project is located or it ceases to meet the requirements
of paragraph 5.1, CONTRACTOR shall within five days
thereafter substitute another Bond and Surety. both of which
must be acceptable to OWNER.
Contractors 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:
5.3.1. Claims under workers' or workmen's compen-
sation. disability benefits and other similar employee ben-
efit acts:
5.3.2. Claims for damages because of bodily injury.
occupational sickness or disease. or death of CONTRAC-
TOR's employees:
5.3.3. Claims for damages because of bodily injury.
sickness or disease. or death of any person other than
CONTRACTOR's employees:
5.3.4. Oaims 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:
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:
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
5.3,i. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership. maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include
the specific 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 thereot) shall contain a provi.
sion or endorsement that the coverage afforded will not be
cancelled. materially changed or renewal refused until at least
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 def~crive 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.
Contractual Uahility Insunuu:e:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CO NTRACTO R' s obligations under paragraphs
6.30 and 6.31.
Owners LWbiliry Insurance:
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER'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.
Properry 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 Regulationsl. 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 tire and extended coverage and shall
include "all ris~" 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 ponions
of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for
Payment.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER.
CONTRACTOR. Subcontractors. ENGINEER AND
ENGINEER's consultants in the Work. all of whom shall be
listed as insured or additional insured parties.
12
'i
5.8. All the policies of insurance (or the certificates or
other evidence thereof) required to be purchased and main-
tained by OWN ER 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. I 1.2.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the inten:sts
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.
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 CONTR.~CTOR whether or not such other insurance
has been procured by OWNER.
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work. and also
waive all such rights against the Subcontractors. ENGI-
NEER. ENGINEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11. each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
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 uf
insurance held by OWNER as trustee or otherwise pay-
able under any policy so issued.
5.1 I.~. OWNER and CONTRACTOR intend that any
policies provided in response to par..lgraphs 5.6 and 5.7
shall protel:t all of the parties insured and provide primary
coverage for all losses and damages I:aused by the perils
co\'ered thereby. A.:cordingly, all such policies shall con-
tain provisions to [he effect that in the event uf payment
of any loss ur damage the insurer will have nu rights llf
recovery against any of the parties named as insureds ur
additional insureds. and if the insurers require separate
wai\'er forms to be signed by ENGINEER llr ENGI-
NEER's I:llnsultant OWNER will ubtain the same. aml if
such waiver forms are required of any Subcontractor,
CONTRACTOR will obtain the same.
Rec~ipt and Applicarion of Proc~eds:
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 panies 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 reqcired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5 A on the basis of its not complying
with the Contract Documents. OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such certificates to OWNER in accordance with
paragraph 2.7. If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their no~ complying with the Contract Documents. CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and.
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within
the time provided shall constitute acceptance of such insur-
ance purchast:d by the other as complying with the Cuntract
Documents.
Parti4/ Utili:.arion-Properry Insurance:
5.15. If OWNER tinds it necessary to occupy or use a
portion or portions 01' the Work prior to Substantial Comple-
tion of all tht: Work. such ust: or occupancy may be accom-
plished in accordanl:e with paragraph 14.10: provided that no
13
such use or occupancy shall commence before the insurers
providing the property insurance have acknowledged notice
thereot" 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 oi any such partial use or occupancy.
ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
Supervision and Superinundence:
6. I. 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 m~ans. 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.
6.:. 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.
lAbor, MaurUzis 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.
6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment. labor, transportation.
construction equipment and machinery. tools. appliances.
fuel. power. light. heat. telephone. water. sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing. performance, testing. start-up
and, completion of the Work.
6.5. All materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence (including reports of required
tests) as to the kind and quality of materials and equipmenL
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 scheduie then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
SubstUUles 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 permined.
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. 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 the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitut.e and whet?er
or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license fee or
14
royalty. All variations of the propos~d substitute from that
specified will be identified in the up plication and uvailable
maintenance. repair and replacem~nt service will be indi-
cated. The application will also contain an itemized esti-
mate of ull costs that will result directly or indirectly from
acceptance of such substitute. including costs of redesign
and claims of other contractors affected by the resulting
change. all of which shall be considered by E:--4GINEER
in eVJluatjng the proposed substitute. E:--4GI~EER may
require CONTRACTOR to furnish at CONTRACTOR's
expen,~e additional data about the propos~d substitute.
6.7.2. If a specific meJns. method. technique. s~quence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR may furnish or
utilize u substitute means. method. sequ~nce. 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 E;..IGIN EER
will be similar to that orovided in paragraph 6.7.1 as applied
by E:--4GINEER and as may be supplemented in the Gen-
eral Requirements.
6.7.3. E;..IGINEER will be allowed a reasonable tim~
within which to evaluate each propos~d substitute. E~GI-
NEER will be the sole judge of acceptability. and no
substitute will be ordered. installed or utilized without
ENGINEER's prior wri[[en 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 E:--4GINEER
and ENGINEER's consultants in eva:uating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute. CON-
TIV..CTOR shall reimburse OWNER for the charges of
ENGINEER and ENGIN EER's consultants t'or ~valuat-
ing each proposed substitute.
Concerning Subcontractors. Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor. Supplier or other person or organization I including
those ucceptable to OWNER and ENGINEER as indi-
cated in paragraph 0.3.2). whether initially or ;IS a substi-
tute. against whom OWNER or ENGINEER may ha\'c::
reasonable objection. CONTRACTOR shall not be required
to employ any Subconlractor. Supplier or othc::r person llr
organization to furnish or perform any of the Wurk aguinst
whom CONTRACTOR has reasonable objeclilln.
6.~.2. If [he Supplementary Conditions rc::quire the
identity uf cc::rtain Subcontractors. Suppliers llr other per-
sons or organizations (including those who arc:: ro furnish
the principal items of materials and cquipmenn to be sub-
mitt~d to OWN ER in advance of the specifbl date prillr
to the EITc::ctive Oat.: of the Agreement for acc':plUncc:: by
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWNER's or ENGINEER's accept-
ance (either in writing or by failing to make wri[[en objec-
tion thereto by the date indicated for acceptance or objec-
tion in the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so idenlified 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'
Subconlractor. Supplier or other person or organization
shall constitute a waiver of any right of OWN ER or ENG 1_
NEER to reject Jefecril'e Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
:lnd 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 p2.r! 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. .-\11 Work performed for CONTRACTOR by a Sub-
contractor will .be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benent 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 purSUUnl to pamgraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and roy-
alties and assume all COSts incident 10 Ihe use in (he perfor-
mance of the Work or the incorpor,.1lion in (he Work of any
invention. design. process. product or device which is the
subject of patent rights or copyrights held by others. If a
particular invention. design. process. prolluct ur device is
specified in the Cuntract Documents for use in the perfor-
mance of the Work and iftu the actual knowledg~ ufOWN ER
15
"
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.
Ptrmil:s:
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.
Uzws and Rtguiations:
6.14.1. CONTRACTOR shall give all notices and
comply witb 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.
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 [0 make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
Tazes:
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
place of tbe Project which are applicable during the perfor-
mance of the Work.
Use of Premisu:
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 E."'lGINEER
by any such owner or occupant because of the performance
of the Work. CONTRACTOR shall promptly attempt to settle
witb 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 otber
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 manner that will endanger
the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record Docume1US:
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings. Specifications.
Addenda. Written Amendments. Change Orders. Work
Directive Changes. Field Orders and written intelllretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available to ENGINEER for reference. Upon com-
16
"
pletion of the Work. these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
Safety and Prouction:
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 [he safety of. and shall
provide the necessary protection [0 prevent damage. injury
or loss to:
6.20. I. all employees on the Work and other persons
and organizations who may be affected thereby:
6.20.2. all the Work and materials and equipment to
be incorporated therein. whether in storage on or olf the
site: and
6.20.3. other property at the site or adjacent [hereto.
including trees. shrubs. lawns. walks. pavements. road-
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage.
injury or loss: and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners when prosecution of the Work
may affect [hem. and shall cooperate with them in the pro-
tection. removal. relocation and replacement of their prop-
erty. .~ll damage. injury or loss to any property referred to
in parngraph 0.20.2 or 6.20.3 caused. directly or indirectly.
in whole or in part. by CONTR.~CTOR. any Subcontractor.
Supplier or any other person or organization dire.:tly 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 Specific;ltions or to
the acts or omissions of OWN ER or ENG IN EER or anyone
employed by either of them or anyone for whose ;lcts either
of them may be liable. and not attributable. dire.:tly or indi-
rectly, in whole or in part. to [he fault or negligen.:e of CO~-
TR.~CTORl. CONTRACTOR's duties and responsibilities
for the safety and protection of [he Work shall continue until
such time as all the Work is completed and ENGI:-.lEER has
issued a notice to OWNER and CONTRACTOR in accord-
ance with par.lgraph 1-1.13 that the Work is acceptable lex.:ept
as otherwise expressly provided in connection with Substan-
tial Completion),
0.2 I. CONTR.~CTOR shall designate a respt1nsible rep-
resentative at the site whose duty shall be the pre\'ention tlf
accidents. This person shall be CONTRACTOR's superin-
tendent unless otherwise designated in writing by CO:-;.
TR.~CTOR to OWN ER.
Emergencies:
6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent thereto.
CONTRACTOR. without special instruction or authorization
from ENGINEER or OWNER. is obligated (0 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 Comract Documents have been caused thereby. !fENGI-
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 Supplememary Conditions. nve copies (unless otherwise
specified in the General Requiremems! of all Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilitic~ under [he 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. SLjpplier.
pertinent data such as catalog numbers and the use for which
intended.
6.25. I . Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri-
fied all quantities. dimensions. specified performance cri-
[eria. in~tallation requiremems. materials. catalog num-
bers and similar data with respect thereto and reviewed
or coordinated each Shop Drawing or s<.lmple with other
Shop Drawings and samples and with [he requirements of
the Work and [he Contract Documents.
6.25.2. A[ the time tlf each submission. CONTR.-\C-
TOR shall give ENGIN EER spe.:iric wrinen notice of each
variation that the Shop Drawing~ or samples may have
from the requirements t1f the Ctlnrract Documenrs. ;lnd.
in addition. shall cau~e a specifi.: notation to be made on
17
each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
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 compliancc
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.
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 oj submission as required by paragraph 6.25.2 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 CONTR.-\CTOR
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.
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.
Continuing !hI! 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 may otherwise agree in writing.
lruiI!mnificalion:
6.30. To the fullest extent permitted by Laws and Regu.
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims, damages. losses and
expenses, direct. indirect or consequential (including but not
limited to fees and charges of engineers, architects. attorneys
and other professionals and court and arbitration costs) aris-
ing out of or resulting from the performance of the Work.
provided that any such claim. damage, loss or cxpense (a) is
attributable to bodily injury. sickness. disease or death. OTto
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 cmployees 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 1-OTHER WORK
Rl!lall!d Work at Sue:
i. I . 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 CONTRACTOR or
requires additional time and the parties are unable to agree
as to the extent thereof. CONTRACTOR may make a claim
therefor as provided in Articles II and 12.
7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER. if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work. and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, 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-
18
TRACTOR shall not endanger any work of others by cutting.
e;{cavating 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 e;{tent 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 e;{ecution or results upon the work of any such other
contractor or utility owner (or OWNER>. CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper e.xecution 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,
CoordinaJion:
7.~. 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-
trnctoiS ',:,!ill be identined 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 8-0WNER'S RESPONSIBILITIES
8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of the former
ENGINEER. Any dispU[e in connection with such appoint-
ment shall be subject to arbitration.
8.3. OWN ER shall furnish the data required of OWN ER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs 14A and 14.13.
8A. OWNER's dU[ies in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4. 1 and 4.4. Para-
graph 4.2 refers to OWN ER 's identifying and making avail-
able to CONTRACTOR copies of reportS of e;{plorations and
tests of subsurface conditions at the site and in e;{isting struc-
lures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to e;{ecute 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 :i.!. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRI~CTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's.
representative during construction are set forth in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and quality of the executed Work and to d~ter-
mine. in general. if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required
to make e;{haustive or continuous on-site inspections to check
the quality or quantity of the Work. ENGINEER's dforts
will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform (0 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 ofth~ 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. ENGI~EER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties. responsibilities and limitations of authority uf any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWN ER at the site
who is not ENGINEER's agent or employee. the Juties.
responsibilities and limitations of authority of such other
person will be as provided in the Supplementary Conditions.
19
:i
ClarificlZlions and I nurpnt.ati.ons:
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 panies are unable to agree to the
amount or extent thereof. CONTRACTOR may make a claim
therefor as provided in Article I I or Article 12.
Authorized Yar.4ti.ons in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER. and also on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the panies are unable to agree as to
the amount or eXtent thereof. CONTRACTOR may make a
claim therefor as provided in Article 1 I or 12.
Rejecting Defectil1~ Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defecrive. and
will also have authority to require special inspection ortesting
of the Work as provided in paragraph 13.9, whether or not
the Work is fabricated. installed or completed.
Shop Drawings. CJumge Onhn and Paymems:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples. see paragraphs 6.13 through
6.29 inclusive.
9.8. In connection with ENGINEER's responsibilities as
10 Change Orders. see Articles 10. 11 and 12.
9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment. etc.. see Article 14.
DeurmiTUUions 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
EN G IN EER' 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 Ihe other pany to Ihe Agreement and
to ENGIN~ER written notice of intention to appeal from
such a decision.
Decisions on Dispuus:
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 10 Ihe acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining 10 the performance and furnishing of the Work and
claims under Articles II 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 pany to the
Agreement promptly (but in no event later than thirty days)
after the occurrence of the event giving rise thereto. and
written supporting data will be submitted to ENGINEER and
the other pany within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.iO 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
E.NGINEER pursuant to paragraphs 9.10 and 9. I I 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 Comract Documents or by Laws or Regulations in respect
of any such claim. dispute or other matter.
Limiuuions on ENGiNEER's Responsibi1iJi~s:
9.13. Neither ENGlNEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith eitherto exercise
or nOI 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 Ihe tenns "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 10 describe a requirement. direction. review or judgment
of ENGINEER as to the Work. it is intended Ihat such
requirement. direction. review or judgment will be solely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wise). The use of any such term or adjective shall not be
20
effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary
to the provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for CON-
TRACTOR's means. methods. techniques. sequences or pro-
cedures of construction. or the safety precautions and pro-
grams incident thereto. and ENGIN EER will not be respon-
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor. any
Supplier. or of any other person or organization performing
or furnishing any of the Work.
ARTICLE IO-CHANGES IN THE WORK
10.1. 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).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent. if any. of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Change. a claim may be made therefor as provided in .-\rticle
11 or Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price 'or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended. modified and supple-
mented as provided in paragraphs 3.4 and 3.5. except in the
case of an emergency as provided in paragraph 6.22 :md
except in the case of uncovering Work as provideu in para-
graph 13.9.
lOA. OWNER and CONTRACTOR shall e.xecute appro-
priate Change Orders (or Written Amendments) covering:
10..+.1. changes in the Work which are ordered by
OWNER pursuant to paragraph 10.1. are requin:d because
of acceptam:e of deji!cril'(! Work under paragraph 13.13 or
correcting clerecr;,'e Work under paragraph 13.1~. or arc:
agrc:c:d to by [he parties:
10..+.2. changes in the Contract Price or Contract Time
which are agreed [0 by the parties: and
10.4.3. changes in the Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENG INEER pursuant to paragraph 9.11:
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 carry on the Work and adhere to the prog-
ress schedule as provided in paragraph 6.29.
10.5. If notice of any change atTecting the general scope
of the Work or the provisions ot 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 Il-CHANGE OF CONTRACT PRICE
I I. I. 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 sh:l!! 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 laterchan
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 dara 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. II if OWNER and CONTRACTOR
cannot otherwise agree on the amount involved. No claim
for an adjustment i~ the Contract Price will be valid if not
submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Contract
Price shall be determined in one of the following ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents. by applica-
tion of unit pricc:s to the quantities of the items involved
(subject to the provisions of paragraphs 11.9,1. through
11.9.3. inclusive!.
~I
11.3.2. By mutua! acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.6.2. I).
11.3.3. On the basis of the Cost of the Work (deter-
mined as providec in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as pro vided in paragraphs 11.6 and I 1.7).
Cost of th~ Work:
11.4. The term Cost of the Work means the sum of ail
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 shaJl be
in amounts no higher than those prevailing in the locality of
the Project. shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll costs
shall include. but not be limited to, salaries and wages
plus the cost of fringe benefits which shall include social
security contributions. unemployment. excis'e 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
perfonning Work after regular working hours. on Satur-
day, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work. including costs of trans-
portation and storage thereof. and Suppliers' field services
required in connection therewith. All cash discounts 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.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work pen"ormed 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
wiJl 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
22
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. I. The proportion of necessary transporta-
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 transportation and main-
tenance. of all materials. supplies. equipment. machin-
ery, appliances, office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the Work. and cost
less market value of such items used but not consumed
which remain the property of CONTRACTOR.
11. 4.5.3. Rentals of all construction equipment and
machinery and the pans thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER. and the costs of transportation. loading,
unloading. installation. dismantling and removal
therc:of-all in accordance with terms of said rental
agreements. The rental of any such equipment, machin-
ery or pans shall cease when the use thereof is no longer
necessary for the Work.
J 1.4.5.4. Sales. consumer, use or similar taXes
related to the Work. and for which CONTRAcrOR is
liable, imposed by Laws and Regulations.
I 1.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR. any Subcontractor or any-
one directly or indirectly employed by any of chem 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 CONTRAcrOR
in connection with the performance and furnishing of
the Work rexcept losses and damages within the
deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.9), pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR. any Subcontractor. or
anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses,
damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRAC-
TOR's Fee. If. however. any such loss or damage
requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for
services a fee proportionate [0 that stated in paragraph
11.6.2.
II A.5. i. The cost of utilities. fuel and sanitary
facilities at the site.
II A,S .8. \Iinor expenses such as telegrams. long
distance telephone c:llls. telephone service at the site~
expressage and similar petty ':::lsh items in connection
with the Work.
II A.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 C1mounts established bv
OWNER in accordance with paragraph 5.9. .
11.5. The term Cost of the Work shall not include anv of
the following: .
11,5.1. Payroll costs and other compensation of CON-
TRA.CTOR's officers. executives. principals (af partner-
ship and sole proprierorships l. 2eneral managers. engi-
neers. architects. estimators. atro~eys. audi[O;s. accou-n-
tants. purchasing and contracting agents. expeditors.
timekeepers. clerks and other personnel emoloved bv
CONTRACTOR whether at the site or in CCH'-iTRAC'-
TOR's principal or a brnnch office for general administra-
tion of the Work and not specificallv included in the a2reed
upon schedule of job classificatio~s referred to in para-
graph II A. I or specifically covered by paragraph II A.4--
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
11.5.2. Expenses p~' CONTRACTOR's principal and
branch offices other than CONTRACTOR's otfice at the
site.
11.5.3. Any part ofCONTR.\CTOR's capit:ll e.'(penses.
including interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contract Documents [0 purchase and maintain [he
same (except for the cost of premiums covered by sub-
paragraph II A,5.9 above,.
11.5.5. CQsts due to the negligence of CONTRAC-
TO R. any Subcontr.\l,;tor. Qr anyone directly Qr indirectly
employed bv any of l:1.:m Qr for who~e acts any of them
may be liat'lle. ;r..:I'.idinj; but nQt limited [0. the .::orrection
of "I!.f('( r". '.'''urk. Jisposal tlf materials or c:quipment
wrongly ~ll, -,f ". ~ .....ak:ng gUOll any damage [0 prop-
erty.
11.5.6. Olher overhead Qr general expen~e COSlS ot
any kinu anu the Cll~ts Qf Jny item nOl specitically and
expressly indudeLl in par.lgr:lph II A.
CONTRACTOR's Fee:
11.6, The CONTRACTOR's Fee allowed 10 CONTRAC-
TOR for overhead and profit shall be delennined as follows:
11.6.1. a mutually acceptable fixed fee: or if none can
be agreed upon,
11.6.2. a fee basc:d on the following percentages of the
various porrions ot the Cost Qf lhe Work:
11.6.2.1. for costs incurred under parngraphs II A.I
and 11 A.2. lhe CONTRACTOR's Fee shall be fifteen
percent:
11.6.2.2. for ccsts incurred under paragraph 11"+.3.
lhe CONTRACTOR's Fee shall be f.ve percent: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee. lhe maximum allowable 10 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.~A. 11.~.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 all 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 detennined
pursuant to paragraph II A or [1.5. CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTR.\CTOR has included
in the Contract Price all allQwances so named in the Contract
Documents and shall (,;ause the Work so covered [0 be done
by such Subcontractors or Suppliers and for such sums within
the limil of the allowances as may be acceptable [0 ENGI-
NEER. CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of mate-
rials and equipment required by the allowances to be deliv-
ered at the site. and all applicable taxes: and
11.8.2. CONTRACTOR's (,;osts fur unloading and
handling Qn the site. laour. installation costs. overhead.
profit and other c:.'(pensc~ contemplated for the allowances
have bec:n included in (he CQntr.lct Price and nut in the
23
allowances. No demand for additional payment on account
of any thereof will be valid.
Prior to final payment, an appropriate Change Order wiU be
issued as 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.
Unit Price Work:
11.9.1. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as 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 wiU be made by ENGINEER in accor-
dance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CO~"TRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sep-
arately identified item. .
11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and signiiicanuy 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.
ARTICLE 12~HANGE OF CONTRACT TIME
12.1. The Contract Tune 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 ex tent 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
shall be determined by ENGINEER in accordance with para_
graph 9. 11 if OWNER and CONTRACTOR cannot otherwise
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.
12.1. 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-WARRANTY AND GUARANTEE;
reSTS Al"iD INSPECTIONS:
CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
WIZl"l"rUUJ and GlUUTl/IUe:
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 CONTR..<\C.
TOR. All defective Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13.
Access to Wark:
lJ.:!. ENGINEER and ENGINEER.s representatjves,
dther 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.
Tens and Inspections:
13.3. CONTRACTORshalJ give ENGINEER timely notjce
of readiness of the Work for all required inspections. tests or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereot) to speciiicaJly
be inspected. tested or approved. CONTRACTOR shall
assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required certificates
of inspection. testing or approval. CONTRACTOR shall also
24
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 ofa 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 specified).
13.5. All inspections. tests or approvals other than those
required by Laws or Regulations of any public bod v having
jurisdiction shall be performed by organizations ac~eptabl~
to OWNER and CONTRACTOR (or by ENGI:\EER if so
specified).
13.6. If any Work (including the work of others) that is
to be inspected. tested or approved is covered without written
concurrence of ENGINEER. it must. if requested by ENG I-
N EER. be uncovered for observation. Such unco\'ering shall
be at CONTRACTOR's expense unless CONTR.-\CTOR 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 notico:.
13. i. Neither observations by ENGINEER nor inspec-
tions. tests or approvals by others shall relieve CONTR.<\C-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
Uncovering Work:
13 .8, If any Work is covered contrary to the writto:n request
of ENGINEER. it must. if requested by ENGI:-;EER. be
unco\'o:red for ENGINEER's observation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others. CONTRACTOR. at ENGINEER's
request. shall uncover. o:xpo~e or otherwise make available
for observation. inspection ~r testing as ENGI:--:EER ma\'
requiro:. that portion of the Work in question. furnishing ail
necessary labor. material and equipment. If it is found that
such Work is "~f/!Clit./,. CONTRACTOR shall be:lr all direct.
indirect aml .:onsequential costs of such uncovering. expo-
sure. observation, inspection and testing and of ~atisfactory
reconstruction. (including but not limited to fees and charges
of engineers. architects. ;norneys and other professionals).
and OWN ER shall be entitled to an appropriate decrease in
the Contract Price. amI. if the parties are unable t\) agree as
to the amuunt [hereot'. may make a claim therefor as pr~vided
in Article: II. [f. hu\\ e\"c:r. such Wurk is not f\)und to t>e
"e.ti'cril'/,. CO~TR.-\CT()R ,hall be allowc:d an in.:rease in
the Cllntral.:t Pn\.l. ,"j'..it .:\,..:nsion uf the Cuntra.:t Time. \)r
both. dircctl~' ~1ltm'ut;lbt.: 10 such uncovering. ..:xposure.
obser\',llilln. inspection. testing and reconstructi\1n: anu. it'
the panies are unable (u agree: as [u the amuunt ur e:uent
thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles 11 and 12.
Owner May Stop the Work:
!J.IO. If [he Work is defecril'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 [he part of OWNER
to exercise this right for the benefit of CONTRACTOR or _
any other party.
Correction or Removal of Defective Work:
13.11. Ifrequired by ENGINEER. CONTRACTOR shall
promptly. as directed. either correct ail defecril'e Work.
whether or not fabricated. installed or completed. or. if the
Work has been rejected by ENGINEER. remove it from the
site and replace it with nondefectil'e Work. CONTRACTOR
shaH bear all direct. indirec: :lnd 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 Pericd:
13.12. If within one year after [he 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 defectil'e, CONTR.-\CTOR shall promptly.
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such defecril'e Work. or.
if it has been rejected by OWNER. remove it from the site
and replace it with lIondefecril'e Work. If CONTRACTOR
does not promptly comply with the terms of such instructions.
or in an emergency where delay would cause serious risk of
loss or damage. OWNER may have the defecril'e Work cor-
rected or the rejected Work removed and replaced. and all
direct. indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of
engineers. architects. attorneys and other professionals) wi(f
be paid by CONTRACTOR. In special circumstances where
a particular item ot' c:quipment is placed in continuous service
bet'ore Substantial Cumpletion of all the Work. [he correction
period for that item mav start to run from an c:arlier date if
so provided in the Specifications or by Written Amendment.
.-tcceptance of Defective Work:
13.13. If. instead of requiring correction or removal and
replacement of d/!/t!crin' Work. OWN ER land. prior to
ENGIN EER 's recommenuation of final payment. also
ENGINEER) pret'..:rs to accept it. OWNER may do so. CON-
TRACTOR shall hear all direct. indirect and consequential
25
..
costs actributable 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 wlll 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.
OWNER May Co~ct Defective Work:
13.14. If CONTRACTOR fails wlthin 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 chis
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. constrllctionequipment
and machinery ac che site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRA.CTOR 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 che rights and
remedies under this paragraph. All direct. indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against 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 co an appropriate decrease in the
Contract Price. and. if the parties are unable to agree as to
the amount chereof. OWNER may make a claim cherefor 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.
ARTICLE 14-PA YMENTS TO CONTRACTOR AND
COMPLETION
ScJudJde of YaWes:
14.!. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporatcd 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 Prognss Paymeru:
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 CONTRAcrOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested
on the basis of materials and equipment not incorporated in
the Work but delivered and suitably stored at the site or at
another location agreed to in writing. the Application for
Payment shall also be accompanied by a bill of sale. invoice
or other documentation warranting that O~ER has received'
the materials and equipment free and clear of all liens . charges,
security interests and encumbrances (which are hereinafter
in these GeoeraJ 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 ofTiJJ.e:
]4.3. 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 latcr than the time of payment
free and clear of all Liens.
Re'PU!w of Appii.clltions for Prognss 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 CONTRAcrOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case. CONTRACTOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation. the amount rec-
ommended will (subject to the provisions of the last sentence
of paragraph 14.7) become due and when due will be paid by
OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requcsted in an Application for Payment will consotute a
26
,...
representation by ENGINEER to OWNER. based on ENGI-
NEER's on-site observations of th~ Work in progress as an
experienced and qualified design professional and on ENGI-
N EER 's review of the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the point indicated: that. to the best of ENGI-
N EER's knowledge. information and belief. the quality of
the Work is in accordance with the Contract Documents
Isubjectto an ~valuation of th~ 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 Olher qualifi-
cations stated in the recommendation): and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However. by recommending any such paym~nt ENGINEER
will not thereby b~ deemed 10 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 specilically assigned to ENGINEER in the
Contract Documents or that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINE~R's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR's b~ingentitled to final payment as set f9rth in paragraph
14.13 have been fulfilled.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGINEER's opinion. it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment. or. because of subsequently discovered evidence or
the results of subsequent inspections or tests. nullify any such
payment previously recommended. to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss b~cause:
14.7.1. the Work is defecri\'e. or completed Work has
been damage:! requiring correction or replacement.
1....7.2. the Contract Price has been reduced by Writ-
ten Amendm~nt or Change Order.
14.7.3. OWNER has be~n required to correct defee-
rh'e Work or complete Work in accordance with paragraph
13.14. or
14.7A. of ENGINEER's actual knowledge of the
occurrence of any of the eVents enumerated in paragraphs
15.2.1 through 15.2.9 inclusive.
OWN ER may refuse to make payment of the full amount
recommended by ENGINEER because claims have been
made against OWN ER on account uf CONTRACTOR's per-
formance or furnishing uf the Work or Liens have been filed
in connection with the Work or there are uther items enlitling
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.
SubstantiLJl 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. CONTR,~CTOR and'
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. If ENGIN EER does nor 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 fi,'{ the date
of Substantial Completion, There shall be allached 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 OWNER and CONTRACTOR a wrillen
recommendation as to division of responsibilities pending
final payment betwe~n OWNER and CONTRACTOR with
respect to security. operation. safety. maintenance. heat,
utilities. insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and su inform
ENGINEER prior to ENGINEER's issuing the definitive
certificate of Substantial Completion. ENGINEER's afore-
said recommendation will be binding un OWNER and CON-
TRACTOR until final payment.
14,9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date ufSubstantial Com-
pletion. but OWN ER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative lis!.
Parrilli Utili::.ation:
14.10. Use by OWNER of any finished pal1 of the Work.
which has specifically b..:en identified in the Cuntract Do.:u-
27
"
..
ments. or which OWNER. ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
pan of the Work that can be used by OWNER without sig-
nificant interference with CONTRAcrOR's performance of
the remainder of the Work. may be accomplished prior to
Substantial Completion of all the Work subject to the follow-
Ing:
14.10.1, OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
pan 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 pan 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 pan of the Work to determine its s.atus of
completion. If ENGINEER does not consider that part of
the Work to be substantially complete. ENGINEER will
notify OWNER and CONTRAcrOR in writing giving the
reasons therefor. If ENGINEER considers that pan of the
Work to be substantially complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
14.10.2. OWNER may at any time request CON-
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its 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
CONTRJ\CTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRAcrOR 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 otherNise agreed in writ-
ing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such part of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to
complete other related Work.
14.10.3. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
Insurance.
Final Inspection:
14.11. Upon written notice from CONTRAcrOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER wiU make a final inspection with OWNER and CON.
TRACTOR and wiU notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
Final Applicarion for Paymelll:
14.12. After CONTRAcrOR has comple:ed 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). CONTRAcrOR
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
OWNER orOWNER's property might in any way be respon-
sible. have been paid or otherNise satisfied: and consent of
the surety. if any. to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac.
tory to OWNER to indemnify OWNER against any Lien.
Final Payment arui Acceptll1lce:
14.13. If. on the basis of ENGINEER's observation of
the Work during construction and final inspection. and
ENGINEER"s review of the final Application for Payment
and accompanying documentation-all as required by the
Contract Documents. ENGINEER is satisfied that the Work
has been completed and CONTRJ\CTOR'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 Worle
is acceptable subject to the provisions of paragraph 14. J 6.
28
Otherwise. ENGINEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final payment. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thirty days after presentation to OWNER of the
Application and accompanying documentation. in appropri-
ate form and substance. and with ENGINEER's recommen-
dation and notice of acceptability. the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR.
14.14. 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 5.1. 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 constitut~ a
waiver of claims.
Contractors Continuing Obligation:
14.15. CONTR.'\CTOR'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 defecril'e Work by OWNER will con-
stitute an acceprance 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 14.16l.
Wai~'er of Claims:
14.16. The making :lnd acceptance of final payment will
constitute:
14.16.1. a waivu of all claims by OWNER against
CO:-JTRACTOR. <::xcept claims arising from unsettled
Li<::ns. from "e.f(-cr;n' Work appearing after tinal inspec-
tilln pursuant [0 paragraph I~. II or from failure [l) comply
with the Contract DllcUments or the terms of any special
guaranlees specilieu therein: however. it will OlH consti-
[ute a waiver hv OWN ER of an~' rights in r~sp..:ct llf
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 11
and 12. .
Owner May TerminaJe:
15.2. Upon the occurrence of anyone or more of the
following events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title 11. United
States Code), as now or hereafter in effect. or if 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 ;lny 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:
15.2A, if a trustee. receiver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authority [0 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
ofCONTRACfOR's l:reuitors:
15.2.5. if CONTRACTOR admits in writing an inabil-
ity to pay its debts gent:rally as they be\:ome due:
15.2.0. if CONTRACTOR persistently fails to perform
[he Work in ac\:urdance with the Contract Documents
:!9
(including. but not limited to. failure to supply sufficient
skilled workers or suitable materials or equipment or'
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time);
15.1.7. if CONTRAcrOR disregards Laws or Regu-
lations of any public body having jurisdiction:
15.1.8. if CONTRAcrOR disregards the authority of
ENGINEER: or
15.1.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments;
OWNER may. after giving CONTRAcrOR (and the surety.
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations. terminate the services
of CONTRAcrOR. exclude CONTRAcrOR from the site
and take possession of the Work and of all CONTRAcrOR's
tools. appliances. construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRAcrOR (without liability to CONTR.A.CTOR for
trespass or conversion). incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRAcrOR but which are stored elsewhere. and
finish the Work as OWNER may deem expedient. In such
case CONTRAcrOR shall not be entitled (0 receive :my
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 CONTRAcrOR. If such costs
exceed such unpaid balance. CONTRAcrOR 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.
15.3. Where CONTRAcrOR'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 CONTRAcrOR by OWNER will
not release CONTRAcrOR 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.
CONTRAcrOR 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).
C01ll1'a.ClOr May Stop Work or Terminau:
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 CONTRAcrOR any sum finally deter-
mined to be due. then CONTRAcrOR may. upon seven
d:lj':i 'Nrinen netice 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. CONTRAcrOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
. (The remainder of this page was left blank inlentionally.]
30
...
ARTICLE l6--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 T..raS left blank intentionally.)
31
(This page was left blank intentionally.)
32
..
ARTICLE 17-MISCELLANEOUS
Giving 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.
CompUlalion a/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 Jaw of the applicable
jurisdiction. such day will be omitted from the computa-
tion.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error. omis-
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 pany
is legally liable. claim will be made in writing to the other
pany within a reasonable time of the first observance of such
injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of the 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 panies 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 panicular 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.
33
.
SUPPLEMENTARY CONDITIONS
1.1 OWNER'S LIABILITY & PROPERTY INSURANCE:
Section 5.5,5.6,5,7,5.8,5.9,5.10 of the General
Conditions shall be amended as follows:
No 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 propertyOwners in connection
with the construction ofthe 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-l
~
i
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
W orles. 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
.
SECTION P
PROPOSAL
Date:
Gentlemen:
In compliance with your invitation for bids dated , 200-, 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:
Repair of Damaged Perimeter Drainage System
At Augusta-Richmond County Landfill
In strict accordance with the Contract Documents and in consideration of the amounts
shown on the Bid Schedule attached hereto and totaling:
Alternate "A": One Hundred Thirty-Three Thousand, Five Hundred Dollars and No
Cents. ($133,500.00)
Alternate "B": One Hundred Forty-Six Thousand, Eight Hundred Fifty Dollars and No
Cents. ($146,850.00)
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 as
directed by the Engineer, and that he will complete the work within 30 calendar days.
The undersigned acknowledges receipt of the following addenda:
Respectfully submitted
< ~~~.~ldv-/-fl1J c d-<=-
(Name of Firm)
233.~ .,4~ JJ ~fSI~1 S C 2>)yy/
(Business Address)
By:H~
Title: ~.i2-.tL
P-1
.
.
Repair Of Damaged Perimeter Drainage System
At Augusta-Richmond County Landfill
Quality Assurance
Manufacturer shall certify that materials meet or exceed minimum requirements as
specified.
Site Visit
Site visit prior to submittal of cost proposal is mandatory in order to assess the actual
field conditions. Successful bidder will be required to restore the drainage system in a
manner as it was originally built. Contact Mr. William McKinley, Landfill Operation
Manager at (706) 592-9634 to arrange a site visit.
Alternate "A"
Cost Schedule
Item
No. Description
Estimated
Ouantity Unit Price
Total Price
1.
42-inch Diameter Drainage Collection
Pipe (including fittings and Thrust Block)
600 L.F. $140.00
Per L.F.
$84,000.00
2.
Slope Box Inlet with Rip-Rap-Repair 2
(including connection to Perimeter Pipe)
$5,000.00
Each
$10,000.00
3.
Down Drain Repair and Connection to 1
Perimeter Pipe(including Toe Drain)
$7,500.00
Each
$7,500.00
4.
Restoration of Surface Drainage Ditch
(including erosion mats and grassing)
700 L.F.' $35.00
Per L.F.
$24,500.00
5.
Hazardous Conditions Monitoring
1
$7,500.00
$7,500.00
Schedule Total - $133.500.00
Quantities and measurements indicated on the Cost Schedule are for bidding and contract
purposes only. If the actual Work requires more or fewer quantities than those quantities
indicated, provide the required quantities at the unit prices contracted.
~~ Signature
--
.:::> - /~ ......0 'L
Date
P-2
....
.
Repair of Damaged Perimeter Drainage System
At Augusta-Richmond County Landfill
Hazardous Conditions
Work will be performed at the closed landfill and probability oflandfill gas presence is
there. Although, it is unlikely that hazardous conditions will encounter, however, if the
work to be performed under hazardous conditions, provide separate cost schedule.
Alternate "B"
Cost Schedule
Item Estimated
No. Description Ouantity Unit Price Total Price
1. 42-inch Diameter Drainage Collection 600 L.F. $154.00 $92,400.00
Pipe (including fittings and Thrust Block) Per L.F.
2. Slope Box Inlet with Rip-Rap-Repair 2 $5,500.00 $11,000.00
(including connection to Perimeter Pipe) Each
3. Down Drain Repair and Connection to 1 $8,250.00 $8,250.00
Perimeter Pipe(including Toe Drain) Each
4. Restoration of Surface Drainage Ditch 700 L.F. $38.50 $26,950.00
(including erosion mats and grassing) Per L.F.
5. Hazardous Conditions Monitoring 1 $8,250.00 $8,250.00
Schedule Total - $146.850.00
Quantities and measurements indicated on the Cost Schedule are for bidding and contract
purposes only. lfthe actual Work requires more or fewer quantities than those quantities
indicated, provide the required quantities at the unit prices contracted.
~ Signatu-;:.
-
-=> -/0"'0 ~
Date
P-3
j
.r
...- .
HOPE Pipe Specification
HIGH DENSITY POLYETHYLENE (HDPE) CORRUGATED AND
SlVIOOTH UNED THERlVIOPLASTIC PIPE SPECIFICATION:
(FOR GRAVITY FLOW DRAINAGE PIPE APPLICATIONS)
1. Description:
This item shall govern for the furnishing and installing of all High Density
Corrugated Polyethylene (HDPE) Smooth Lined Pipe and f or materials for constructing
of culverts, side road pipes, storm sewers, stubs, and all related connections and fittings,
all of which
shall conform to AASHTO M 294 and AASHTO MP7, latest edition. The pipes shall be
of the sizes, types, and dimensiDns shown Dn the plans and shall include all connections
and joints to new or existing pipes, storm sewer manholes, inlets, headwaIls, and other
appurtenances as may be required to complete the work. HOPE Pipe Smooth Lined Pipe
may be utilized when shown on the plans and lor specifications or as an alternate item to
Reintorced Concrete Pipe (RCP),
2. Materials:
, Unless otherwise specified on the plans or herein, thermoplastic pipe and joint
fittings shall conform to the following:
A. High Density Polyethylene (HDPE) Corrugated and Smooth Lined Pipe & Fittings
shall be manufactured in accordance with requirements of AASHTO M 294 and
AASHTO MP7, latest edition.
B. High Density Polyethylene (HDPE) Corrugated and Smooth Lined Pipe shall be
manufactured from virgin PE compounds which conform with the requirements of
cell class 335420C as defined and described in ASTM D 33.50.
C. Minimum Pipe Stiffness (PS) at five percent deflection shall be as described in
AASHTO M 294, Section 7.4 and AASHTO 1vIP7, Section 7.4 when tested in
accordance with ASTM D 2412.
D. Representative samples of the HDPE Smooth Lined Pipe shall be submitted, tested,
and recorded by the manufacturer then submitted to the Agency representative or
designee stating conformance to the specification herein. The following data will be
cbecked and recorded:
. Weight
. Maten'aJ Distnoution
. Pipe Dimensions
. Water Inlet Area
. Pipe Stiffness
. Pipe Flattening
Gravity Flow Pipe Drainage Specification
1
.....
).-
.,- .
IIDPE Pipe Specification
. Brittleness
. Environmental Stress Crack Resistance
. W<lrkmanship
· Markings (PerAASHTO)
. Manufacturing Plant
Table 1:
Typical Nominal Dimensions of Corrugated Smooth Lined Polyethylene Pipe:
NONllNAL Dllv1ENSIONS~ IN.
12
15
18
24
30
36
42
48
'" 54
*60
Note: ... AASHTO MP7
Type S: This pipe shall have a full circular cross section, with an outer corrugated
pipe wall and a smooth inner wall.
Type D: This pipe shall have an essentially smooth waterway braced
circumferentialJy or spirally with projections or nbs joined to an essentially smooth
outer wall. Both walls are fused to, or continuos with, the internal supports.
3. Installation:
Installation shall be in accordance vvith ASTM D 2321, "Standard Practice for
Underground Installation of Thennoplastic Pipe for Sewers and Other Gravity Flow
Applications" .and / ,or AASHTO Section 30, "Thermoplastic Pipe" Construction and
Installation.
Figure 1:
Definitions of Terms for Backfill in Trench Condition:
Gravity Flow Pipe Drainage Specification
2
~
if:'"
~
~j
<<'c
.~
:J
HOPE Pipe Specification
A. General Installation Requirements:
Thermoplastic pipe shall be unloaded and handled with reasonable care. Pipe
shall be placed in the bed starting at the downstream end.
Trenches must be excavated in such a manner as to insure that the sides will be
stable under ail working conditions. Trench walls shall be sloped. or supported in
conformance with all standards of safety. Only as much trench as can be safely
maintained shall be opened. All trenches shaU be backfilled as soon a~ practicable,
but no latter than the end {)f eaCh working day.
Trench details, including foundation, bedding, haunching, initial backfil1, final
backfill, :pipe zone,. and trench width are .shown in Figure 1.
B. Trench Widths:
Trench width shall be sufficient to ensure working room to properly and safely
place and compact haunching and other backfill materials. Minimum trench width
shall not be less than 1.25 times the pipe outside diameter plus 12 inches. (1.25 x
O.D. + 12") Note= On multiple pipe barrel runs the clear distance betwe.en pipes is as
follows:
12>>-24''' Diameters: Clear span =12'>>-
24" & Greater Diameter: Clear span = Yz x Diameter
C. Foundation and Bedding:
Foundation and bedding shall tpeet the requirements of AASHTO M 145, A-I,
A-2-4, A-2-5, Of A-3. A stable and unifonn bedding shall be provided fur the pipe
and any protruding features of its joint and lor fittings. The middle ofthe bedding
equal to 1/3rd ofllie pipe O.D. may be loosely placed, while the remainder shall be
compacted to a minimum 90% of maximum density per AASmO T99. A minimum
of 4" of bedding shaH be provided prior to placement of the pipe, unless a
unyielding material (rock cuts) is present in the trench bottom, then a 6" cushion of
bedding is recommended. Bedding material size shall be 1.25"" maximwn !,Jfanular
material.
D. StructuraJ Back1IlJ:
Structural backfill shan also meet the requirements of AASHTO M 145, A-I, A-
2-4, A-2-5, or A-3. Structural backfill shall be placed and compacted in layers gn
loose lift thickness and brought up evenly and simultaneously on both sides of the
Gravity Flow Pipe Drainage Specification
3
j
.,', .~
/ t'
HDPE Pipe Specification
pipe to an elevation not less than one (I') foot above the top of the pipe. Structural
backfill must be worked into the haunch area and compacted by hand. Structural
backtiH shall be 1.25" ma."timum granular size and a minimum compaction level of
900.4 Standard Proctor Density per AASHTO T99 shall be achieved.
-E. Minimum Cover:
The minimum cover is one foot (LO') for HS-25 Live Loads (4"-36" Diameters)
and one and one. half foot fill {I. 5 ') for larger diameter strlli;tures (42"-60"
Diameters); However, care should be taken when heavy construction equipment
loads cross the pipe trench during construction. If the passage of construction
equipment over an.insta.1led,pipeJineis_necessary during project constructio~
compacted fiU in the torm of a ramp shall be constructed to a minimum elevation of
three (3.0') feet over the top of the pipe. Any damaged pipe shall be replaced,at the
contractor's expense.
F. Joints:
Joints shall be installed that the connection of pipe sections win form a
continuous line free from irregularities in the flow line. Joints shall meet the
soiltightness definition in accordance with AASHTO Section 26.4.2.4; suitable joints
are the following:
1.) Integral Bell-N-Spigot
The ben shall overlap a minimum of two (2) corrugations of the spigot end
when fully engaged, The SpihfQt end shan have an "'O"-Ring gasket that
meets ASTM F 477, "Specification for Elastomeric Seals (Gaskets) for
Joining Plastic Pipe'''.
2.) Exterior BeB-N-Spigot:
The bell shall be fully welded to the exterior of the pipe and overlap the
spigot end so that flow lines and ends match :when fully engaged. The spigot
end shall have an ""O"-Ring gasket that meets ASTM F 477~ ""Specification
for Elastomeric SeaIs-(Gaskets} for Joining Plastic Pipe"'.
4. Measurement and Payment:
This item shall be measured for payment by the linear foot. Such measurements
shall be made between the ends of the barrel along its flow line. For multiple pipes,
the measured length shall be the sum of the lengths of the barrels, measured as
descnbed above. Pipe shall be paid tor at the contract unit price per linear toot,
complete in place, as provided by the' proposal and contract. The contract price per
linear toot shaH be the total -cQmpensation tor the furnishing of all labor, materials,
toofs, equipment, and incidentals necessary to complete the work including
excavation, backfill, and disposal of surplus materials in accordance with the plans
and these specifications.
Gravity Flow Pipe Drainage Specification
4
~
l
.
"
Bond No. 561 95 31
Gt&\T AMRlC~ INSURANCE COMMNY
OHIO
CAUTION: You should use an original AlA document which has this caution printed in red. An original assures that
changes will not be obscured as may occur when documents are reproduced.
PERFORMANCE BOND
The American Institute of Architects, A.I.A. Document No. A311 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor)
Beam's Pavement Maintenance Company. Inc.
2335 Atomic Road. Beech Island. South Carolina 29842
as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety)
GREAT AMERICAN INSURANCE COMPANY
580 Walnut Street, Cincinnati, Ohio 45202
as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner)
Augusta-Richmond County Commission Council
530 Greene Street. Augusta. Georgia 30911
as Obligee, hereinafter called Owner, in the amount of
One Hundred Thirty Three Thousand Five Hundred and no/IOO Dollars ($ 133.500.00 l.
for the pay.ment 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 19 , entered into a contract with Owner for
Repair of Damaged Perimeter Drainage .System at Augusta-RIchmond County Landfill
in accordance with Drawings and Specifications 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 referred to as the Contract.
t,
Barbara H. Register. (AIf!r:lorn
Countersigned by ~ (2, 0~1l
~~: ~alker
Georgia Resident Agent
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is
such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time
made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default
under the Contract, the Owner having performed. Owner's obligations
thereunder, the Surety may promptly remedy the default, or shall
promptly
11 Complete the Contract in accordance with its terms and conditions,
or
2) Obtain a bid or bids for completing the Contract In accordance with
its terms and conditions, and upon determination by Surety of the lowest
responsible bidder, or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible bidder, arranQll for
Signed and sealed this day of
~ fJ~~tt~
~7;w~
5B 5715b
Performance Bond. This bond Is Issued simultaneously
with Labor and Material Bond F.9635 - (3/82).
Revised to February, 1970
F,9633F (11/92)
a contract between such bidder and Owner, and make availabie as Work
progresses (even though there should be Ii default or a succession of
defaults under the contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance
of the contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term "balance of the contract price," as used in
this paragraph, shall mean the total amount payable by Owner to
ContractOr under the Contract and any amendments thereto, less the
amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of
two (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. '
19
Beam's Pavement Maintenance ~ Ccmrpanv. Inc.
{ By' /4-r4 ('''"'''''',h~ ".",
(Title)
GREAT AMERICAN INSURANCE COMPANY
(seal)
I }
GtfAT AlVERlC~ INSURMICE COMPANY
Bond No. 561 95 31
OHIO
CAUTION: You should use an original AlA document which has this caution printed in red. An original assures that
changes will not be obscured as may occur when documents are reproduced.
LABOR AND MATERIAL PAYMENT BOND
The American Institute of Architects, AlA Document No. A311 (February, 1970 Edition)
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITH FULL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor)
Beam's Pavement Maintenance Company, rnc.
~~Jn1i~~ff3p~~ ~~ a~~sJ\q~J:1.\nG~~cPJjbM JMa't~tle of Surety)
GREAT AMERICAN INSURANCE COMPANY
580 Walnut Building, Cincinnati, Ohio 45202
as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner)
Augusta-Richmond County Commission-Council
530 Greene Street, Augusta, Georgia 30911
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
One Hundred Thirty Three Thousand Five Hundred and no/100
(here Insert a sum equal to at least on\j-half of the contract price)
Dollars ($ 133,500.00
),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS"
Principal has by written agreement dated 19, entered into a contract with Owner for
Repair of Damaged Perimeter Drainage System at Augusta-Richmond County Landfill
in accordance with Drawings and Specifications 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 referred to as the Contract.
~ B :
Barb a H. Register,(Tlif'torne
Countersigned by \::v~t2.
J 000 (I'~-w~jier
Georgia Resident Agent
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is
such that, if Principal shall promptly make payment to all claimants as
hereinafter defined, for all labor and material used or reasonably required
for use in the performance of the Contract, then this obligation shall be
void; otherwise it shall remain in full force and effect, subject, however, to
the following conditions:
1. A claimant is defined as one having a direct contract with the
Principal or with a Subcontractor of the Principal for labor, material, or
both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally
agree with the Owner that every claimant as herein defined, who has not
been paid in full before the expiration of a period of ninety (90) days after
the date on which the last of such claimant's work or labor was done or
performed, or materials were furnished by such claimant, may sue on' this
bond for the use of such cleimant, prosecute the suit to final judgment for
such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or
expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the
Principal, the Owner, or the Surety above named, within ninety (90) days
after such claimant did or performed the last of the work or labor, or
~' () Ytfi-rr--
~q,
(~a7,~
a (Witness)
S8 57158
Labor and Material Payment Bond. This bond is Issued
simultaneously with Performance Bond F.9633E - (3/82).
:; Revised to February, 1970
F.9635A (11/92)
furnished the last of the materials for which said claim is made, stating
with substantial accuracy the amount claimed and the name of the party to
whom the materials were furnished, or for whom the work or labor was
done or performed, Such ootice shall be served by mailing the same by
registered mail or certified mail, postage prepaid, in an envelope addressed
to the Principal, Owner or Surety, at any place where an office is regularly
maintained for the transaction of business, or served in any manner in
which legal process may be served in the state in which the aforesaid
project is located, save that such service need not be made by a public
officer.
b) After the expiration of one (1) year following the date on which
Principal ceased Work on said Contract, it being understood, however that
if any limitation embodied in this bond is prohibited by any law
controlling the construction hereof such limitation shall be deemed to be
amended so as to be equal to the minimum period of limitation permitted
by such law.
c) Other than in a state court of competent jurisdiction in and for the
county or other political subdivision of the state in which the Court for the
district in which the Project, or any part thereof, is situated, and not
elsewhere.
4. The amount of this bond shall be reduced by and to the extent of
any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed of record
against said improvement, whether or not claim for the amount of such
lien be presented under and against this bond.
day of
19
1 :e
(Seal)
nt
(Seal)
-in-Fact
Lu~
~
.. QE,\T ~mc~ INSURMICE 'COMA\NYGl
680 WALNUT STREET. CINCINNATI. OHIO 46202.513-369-5000. FAX 513-723.2740
The number of persons authorized by
this power of attorney is not more than
No. 0 17088
FOUR POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful a~torney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
BARBARA H. REGISTER COLUMBIA, SOfJI'H CAROLINA ALL
JACK C. SMITH, JR. COLUMBIA, SOUTH CAROLINA UNLIMITED
HERBERT L. DECUERS COLUMBIA, SOUTH CAROLINA
JOHN R. WALKER MACON GEORGIA
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMP ANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 7th day of November 2000
Attest GREAT AMERICAN INSURANCE COMPANY
"
. I
".r
'"
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 7th day of l'bvenber, 2000 , before me personally appeared DOUGLAS R. BOWEN, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed
by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority.
("
/":,,! \.. i
(" I.,: ~\.#t--:~Lf~.'-:~/\'- - {\--
\.
I'" ,:.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March I, 1993.
RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be
and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behalf of the Company, as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOL VED FUR THER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by
the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICA TION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this
day of
/~.. /,,,
I \.
"
".' .1;',.,
SI029S (11/97)
I .
Client#: 4703 BEAMSPAV1
cACORll.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYY)
05/08/02
PRODUCER THIS CERTlRCATE IS ISSUED AS A MATTER OF INFORMATION
Davis-Garvin Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTlRCATE
PO Box 21627 HOLDER. THIS CERTlRCATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Columbia, SC 29221-1627
800 845-3163 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Capi tal City Insurance Company
Beam's Pavement Maintenance Co, Inc INSURERB: Hartford Insurance Company
PO Box 398 INSURER c:
Beech Island, SC 29842 INSURER D:
I INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, 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,
~ TYPE OF INSURANCE POUCY NUMBER "8~.feY ~~~ PCfi~iJ EXPIRATION
A ~NERALUABIUlY 08CL000845 04/01/02 04/01/03 EACH OCCURRENCE
X COMM ERCIAl GENERAL lIABilITY
f-=-I CLAIMS MADE [XJ OCCUR
COVERAGES
FIRE DAMAGE (Anyone fire)
-
-
GENl. AGGREGATE LIMIT APPlIES PER:
I POliCY n ~~& n lOC
A ~OMOBILE UABIUlY 08CA00846
X ANY AUTO
-
All OWNED AUTOS
-
_ SCHEDULED AUTOS
X HIRED AUTOS
-
~ NON-OWNED AUTOS
-
GARAGE UABIUlY
~ ANY AUTO
A EXCESS UABIUlY 08CUL05316
[KJ OCCUR D ClAIMS MADE
~ DEDUCTIBLE
X RETENTION $10000
A WORKERS COMPENSATION AND 08WCOO0540
EMPLOYERS' UAS/UlY
MED EXP (Anyone person)
PERSONAl & ADV INJURY
GENERAL AGGREGATE
PRODUCTS -COMPIOP AGG
04/01/02 04/01/03
COMBINED SINGlE LIMIT
(Ee accident)
BODilY INJURY
(Per person)
BODilY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
AUTO ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY:
EA ACC
AGG
04/01/02 04/01/03
EACH OCCURRENCE
AGGREGATE
UMITS
$1.000.000
$100 000
s5.000
$1.000.000
$2 . 0 0 0 . 0 0 0
$2 . 0 0 0 . 00 0
$1,000,000
$
$
$
$
$
$
$10.000.00e
$10.000.00e
$
$
$
04/01/02 04/01/03 xl~~~~~sl IO~
E.L EACH ACCIDENT $ 5 0 0 , 0 0 0
E.L DISEASE - EA EMPLOYEE $ 5 0 0 I 0 0 0
E,L DISEASE - POliCY liMIT $ 5 0 0 I 0 0 0
04/01/02 04/01/03 $200,000 Limit
$2~500 Deductible
CANCELLATION
SHOULD ANYOFTHE ABOVE DESCRIBED POUCIESBE CANCELLED BEFORE THE EXARATlON
DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TOMAll3.fi-DAYSWRlTTEN
NOTICETOTHE CERTIFICATE HOlDER NAMED TOTHE lEFT, BUTFAllURE TO DO SO SHAll
IMPOSE NO OBLIGATION OR lIABILITY OF ANY KINO UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES. A
AUTHO#D REPJW>ENTATIVE / ~ 1# . /I
~ ~/t _ ~ -.jV. -z::;, AI' ~.A h,
/' BHR /@ ACORD CORPORATION 1988
B OTHER Leased or 22MSBEl528
Rented Equipment
DESCRIPTION OF OPERATIONSIlOCATIONSNEHlCLESlEXClUSIONS ADDEO BY ENOORSEMENTISPECIAl PROVISIONS
Re:Repair of Damaged Perimeter Drainage System at
Augusta-Richmond County Landfill
CERTlRCATE HOLDER
I I AODmONAlINSURED;INSURERLETTER:
Augusta-Richmond County
Commission-Council
530 Greene Street
Augusta, GA 30911
I
ACORD 25-S \1/97) 1 0 f 2
#S75741/M75065
, .
f
, .
..
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
~CORD25-S(7I97)2 of 2 #S75741/M75065