HomeMy WebLinkAboutSpirit Creek Road Sanitary Sewer Extension Project
Augusta Richmond GA
DOCUMENTNAME .5~r;\- Creek <KoCA-d 5tit Vl'/tu Y-j
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DOCUMENT TYPE: Lon frr:;..L!
YEAR: (000
BOX NUMBER: }
FILE NUMBER: I t;A lfl3 0
NUMBER OF PAGES: I~
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CONTRACT DOCUMENTS
and
TECHNICAL SPECIFICATIONS
for
SPIRI~ CREEK ROAD
SANITARY SEWER EXTENSION PROJECT
Prepared for:
RICHMOND COUNTY BOARD OF COMMISSIONERS
CITY-COUNTY MUNICIPAL BUILDING
AUGUSTA, GEORGIA 30911
Prepared by:
W. R. TOOLE ENGINEERS, INC.
349 GREENE STREET
AUGUSTA, GEORGIA 30901
(404) 722-4114
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INDEX FOR CONTRACT DOCUMENTS
Title
Invitation for Bids
Information for Bidders
Proposal
Bid Bond
Agreement
Performance Bond
Payment Bond
General Conditions
Supplemental Conditions
Technical Specifications
Pages
1
1-3
1-4
1-2
1-2
1-2
1-2
1-33
1-4
1-17
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INVITATION FOR BIDS
SEALED BIDS for the construction of sanitary sewer improvements
and appurtenances, hereinafter referred to by project name:
Spirit Creek Road Sanitary Sewer Extension Project
will be received by:
Richmond County Board of commissioners
hereinafter referred to as the OWNER at the offices of:
Mrs. Ann Barker
Purchasing Department
Room 207
City-County Municipal Building
Augusta, Georgia 30911
until 11:00 a.m. on the 10th day of January , 19~, at which time
all bids will be publicly opened and read in the presence of those
interested.
Copies of the Contract Documents may be examined during regular
business hours at the office of W. R. Toole Engineers, Inc., 349
Greene Street, Augusta, Georgia 30901.
Copies may be obtained at the office of W. R. Toole Engineers,
Inc. upon payment of $75.00 (NON-RETURNABLE) for each set.
A 10% Bid Bond is required; a 100% Performance Bond and a 100%
Payment Bond will be required.
The OWNER reserves the right to waive any informalities and to
reject any or all bids.
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INFORMATION FOR BIDDERS
Bids will be received by the Richmond County Board of Commissioners
(herein called the "OWNER"), at the office of the Purchasing
Department until 11:00 a.m.. Wednesday. January 10. 19~, and then
at said office publicly opened and read aloud.
Each bid must be submitted in a sealed envelope, addressed to the
Richmond County Board of Commissioners, City-County Municipal
Building, Augusta, Georgia 30911. Each sealed envelope containing a
'bid must be plainly marked on the outside as bid for Spirit Creek Road
Sanitary Sewer Extension Project and the envelope should bear on the
outside the name of the bidder, his address and his license number,
if applicable. If forwarded by mail, the sealed envelope containing
the bid must be enclosed in another envelope addressed to the Richmond
County Board of Commissioners, c/o Purchasing Department, Room 207,
City-County Municipal Building, Augusta, Georgia 30911.
All bids must be made on the required bid form. All blank spaces for
bid prices must be filled in, in ink or typewritten, and the bid form
must be fully completed and executed when submitted. Only one copy
of the bid form is required.
The OWNER may waive any informalities or minor defects or reject any
and all bids. Any bid may be withdrawn prior to the above scheduled
time for the opening of bids or authorized postponement thereof. Any
bid received after the time and date specified shall not be
considered. No bidder may withdraw a bid within 60 days after the
actual date of the opening thereof. Should there be reasons why the
contract cannot be awarded within the specified period, the time may
be extended by mutual agreement between the OWNER and the bidder.
Bidders must satisfy themselves of the accuracy of the estimated
quantities in the Bid Schedule by examination of the site and a review
of the drawings and specifications including addenda. After bids have
been submitted, the bidder shall not assert that there was a
misunderstanding concerning the quantities of work or of the nature
of the work to be done.
The Contract Documents contain the provisions required for the
construction of the project. Information obtained from an officer,
agent or employee of the OWNER or any other person shall not affect
the risks or obligations assumed by the Contractor or relieve him from
fulfilling any of the conditions of the Contract.
Each bid must be accompanied by a bid bond payable to the OWNER for
ten percent of the total amount of the bid. As soon as the bid prices
have been compared, the OWNER will return the bonds of all except the
three lowest responsible bidders. When the Agreement is executed the
bonds of the remaining unsuccessful bidders will be returned. The bid
bond of the successful bidder will be retained until the payment and
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performance bond have been executed and approved, after which it will
be returned. A certified check may be used in lieu of a bid bond.
A performance bond and a payment bond, each in the amount of 100
percent of the contract price, with a corporate surety approved by the
OWNER, will be required for the faithful performance of the contract.
Attorneys-in-fact who sign bid bonds or payment bonds and performance
bonds must file with each bond a certified and effective dated copy
of their power of attorney.
The party to who the contract is awarded will be required to execute
the Agreement and obtain the performance bond and payment bond within
ten calendar days from the date when notice of award is delivered to
the bidder. The notice of award shall be accomplished by the
necessary Agreement and bond forms. In case of failure of the bidder
to execute the Agreement the OWNER may at his option, consider the
bidder in default, in which case, the bid bond accompanying the
proposal shall become the property of the OWNER.
The OWNER within ten days of receipt of acceptable performance bond,
payment bond and Agreement signed by the party to whom the Agreement
was awarded, shall sign the Agreement and return to such party an
executed duplicate of the Agreement. Should the OWNER not execute the
Agreement within such period, the bidder may, by written notice,
withdraw his signed Agreement. Such notice of withdrawal shall'be
effective upon receipt of the notice by the OWNER.
The notice to proceed shall be issued within ten days of the execution
of the Agreement by the OWNER. Should there be reasons why the notice
to proceed cannot be issued within such period, the time may be
extended by mutual agreement between the OWNER and Contractor. If the
notice to proceed has not been issued within the ten day period or
within the period mutually agreed upon, the Contractor may terminate
the Agreement without further liability on the part of either party.
The OWNER may make such investigations as he deems necessary to
determine the ability of the bidder to perform the work and the bidder
shall furnish to the OWNER all such information and data for this
purpose as the OWNER may request. The OWNER reserves the right to
reject any bid if the evidence submitted by or investigation of such
bidder fails to satisfy the OWNER that such bidder is properly
qualified to carry out the obligations of the Agreement and complete
the work contemplated herein.
A conditional or qualified bid will not be accepted.
Award will be made as a whole to one bidder.
All applicable laws, ordinances and rules and regulations of all
authorities having jurisdiction over the construction of the project
shall apply to the contract throughout.
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Each bidder is responsible for inspecting the site and for reading and
being thoroughly familiar with the Contract Documents. The failure
or omission of any bidder to do any of the foregoing shall in no way
relieve any bidder from any obligation in respect to his bid.
The low bidder must supply the names and addresses of major material
suppliers and subcontractors when requested to do so by the OWNER.
Inspection trips for prospective bidders will be conducted by the
OWNER if requested in writing by the bidder. Such request shall be
directed to the Richmond County Water Works Director by the bidder.
The Engineer is W. R. Toole Engineers, Inc.
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PROPOSAL
for
SPIRIT CREEK ROAD
SANITARY SEWER EXTENSION PROJECT
The Richmond County Board of Commissioners
City-County Municipal Building
Augusta, Georgia 30911
Gentlemen:
The undersigned, as bidder, herein referred to a singular and
masculine, declares as follows:
1. The only parties interested in the proposal as principals are
named herein;
2. He has carefully examined and fully understands the Contract
Documents
3. He understands that information relative to existing structures
and underground utilities as furnished to him on the drawings,
the Contract Documents or by the Richmond County Water Works
Department, carries no guarantee expressed or implied, as to its
completeness or accuracy and he has made due allowances
therefore;
4. He has made a personal examination of the site of the proposed
work and has satisfied himself as to the actual conditions and
requirements of the work;
and hereby proposes and agrees that, if the Proposal is accepted he
will contract with the Richmond County Board of Commissioners,
Georgia, to furnish all machinery, tools, apparatus and other means
of construction and to do all work and furnish materials called for
in accordance with the requirements of the Director of the Water Works
Department and the true intent of the Contract Documents and that he
will take in full payment for each item of work, thereof, the unit or
lump sum price applicable to that item as stated in the schedule
below.
(NOTE: Bidders must bid on each item.)
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The contract covering the construction of all work described above
will be completed within~consecutive calendar days from the date
specified in the "Notice to Proceed" of the Richmond County Water
Works Director:
. )
herein on the
prices bid.
sum of
a kI-Itvo T 'IC() -Dollars
subJec to reductio , additions and deletions
basis of measured quantities of completed work
Bidder further agrees to pay as liquidated
$200.00 for each consecutive calendar day
It is understood that the County reserves the right to reject any and
all proposals or to accept any proposal as deemed to be to the best
interest of the County.
It is also understood that the following addenda as issued during the
bid period shall be included as part of the Contract Documents:
Addendum
Date
The undersigned bidder understands and agrees that should the County
accept this proposal, the bidder will within ten (10) days from the
date of notification of aqceptance of his proposal, execute the
contract and furnish the County with satisfactory performance and
payment bond in the amount equal to one hundred percent (100%) of the
total base bid sum. Enclos d herewith is a Bid Bond or Certified
Check in the am unt ofl + . 'Q reI- Dollars
($ 0 ' ) being n less than ten (10%) percent of
the to I base bid sum.
Should the bidder fail to execute the Contract and furnish the
Performance and Payment Bond in case this proposal is accepted, the
County shall have the right to receive the amount of the bid security
as liquidated damages. If the security is a Certified Check it may
be cashed by the County and the amount received shall become the
property of the County. If the security is a Bid Bond, the value
thereof shall be paid to the County by the Surety.
The undersigned by submittal of this proposal, agrees that the above
stated amount is the proper measure of liquidated damages which the
County will sustain by the failure of the undersigned to execute the
Contract and furnish the Performance and Payment Bond.
The successful bidder shall have a current Business License.
The County is an Equal Opportunity Employer.
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- 'fi,t1Sal l~s :-tYlC.
Name of Bidder I
Date:
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Signature & Title of Authorized
Representative
rD.~ 3'77
Business Address
tlx1n5 4aorUa.. 3D8l) C;
city and Stattd
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we the undersigned
as Principal and
as Surety, are
hereby held and firmly bound unto the Richmond County Board of
Commissioners, Georgia, as OWNER in the penal sum of
for the payment of which,
well and truly made, we hereby jointly and severally bind ourselves,
successors and assigns.
Signed, this
day of
, 19
The condition of the above obligation is such that whereas the
Principal has submitted to the Richmond County Board of Commissioners
a certain bid, attached hereto and hereby made a part hereof to enter
into a contract in writing for the Spirit Creek Road Sanitary Sewer
Extension Project.
NOW, THEREFORE,
(a) If said Bid shall be rejected or in the alternate,
(b) If said bid shall be accepted and the principal shall
execute and deliver a contract in the Form of Contract
attached hereto (properly completed in accordance with said
bid) and shall furnish a bond for his faithful performance
of said contract and for the payment of all persons
per~orming labor or furnishing materials in connection
therewi th and shall in all other respects perform the
agreement created by the acceptance of said bid.
then this obligation shall be void, otherwise the same shall remain
in force and effect; it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its bond shall be in no way impaired
or affected by any extension of time within which the Owner may accept
such Bid; and said Surety does hereby waive notice of any such
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extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto
set their hands and seals and such of them as are corporations have
caused their corporate seals to be hereto affixed and these presents
to be signed by their proper officers, the date and year first set
forth above.
(L.S.)
Principal
Surety
By:
IMPORTANT: Surety companies executing bonds must appear on the
Treasury Department's most current list (Circular 570 as amended) and
be authorized to transact business in the state where the project is
located.
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AGREEMENT
THIS AGREEMENT, made this
day of
19 , by and between the Richmond County Board of commissioners,
hereinafter called "OWNER" and -=sr.})(l~t--y) U~htLo-s J::r:nC .
doing business as (an individual) or (a partnership) or (a
corporation) hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and
agreements as hereinafter mentioned:
1. The Contractor will commence and complete construction for
Spirit Creek Road Sanitary Sewer Extension Project.
2. The Contractor will furnish all material, supplies, tools,
equipment, labor and other services necessary for the
construction and completion of the project described herein.
3 .
The Contractor will commence the work required by
Documents within ten (10) calendar days after the
Notice to Proceed and will complete same within
days unless the period of completion is extended
the Contract Documents.
the Contract
date of the
calendar
otherwise by
4.
The Contractor agrees to perform all
Contract Documents for the sum of $~O
the
(1Wohu
5. The term "Contract Documents" means and includes the following:
(a) Invitation for Bids
(b) Information for Bidders
(c) Proposal
(d) Bid Bond
(e) Agreement.
(f) General Conditions
(g) Supplemental Conditions
(h) Payment Bond
(i) Performance Bond
(j) Drawings Prepared by Owner
(k) Technical Specifications
(I) Addenda: No. dated
No. dated
No. dated
19
19
19
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Bond No. 20766
1)dfO..,vuql BONI)
, -
"KNOli ALL MEN SY THES!: PRBSENTS t that
Johnson Utilities, Inc.
(Na~e of ,contractor)
P.O. B6x 377, Evans~ Georgi~ '30809
(A~ared.of'~ontractor)
a
Corporatic;:m
, hereinafter oall~d
Principal, and
Hart~ord Fire Insurance Company
(Name'Ot. 'surety)
P.O. ~ox 88288, Atlanta, Georgia 30335
(Adar8SS of Surety)
hereinatter e.ll.~ SUrG~y, are held and firmly bound unto the Riohmo~d
county Boar~ qtCommi8sioner., City-County Municipal Buildinq,
Augu~ta, Georg1a30911, hereinafter calledo~ER, in the penal sum of
Two Hundred Four Thousa d E' ht Hundred E' ht -Two and 3 100 'dollars
, 204 :,€82 "to - n aw \l money of . n 9c1Sta as, for the
paym$n 0' whiOh .wn, 'well an4 truly to be made, w~ bind ourselves,"
succeseors and ....l<1n." jointlY and severally, firmly by these
present.l.
; I ' , ,1-14 '! - ,h', ,", 'I','" ',: ';
THE' COND1TION or THIS 08LIGA'.1'ION ii8 such' that' wher~as;;\;"ih~~':)~'
Principal ant.ered' into ,II ce~a1n contraot with' the OWNER, 'd,ated
<Say of ' ' . ., 19 , a copy of \Vh1ch1s hereto
attached and-.ade a pat't hereof tor ~h~ oo~struc~i,on of Sp.~r-it"C:~ea~ '
Road San1..ta~ a.war' !:~_l).i;n Project., " .. ' ," ':"'l',i~" ,
,
NO~, THEREPORE, if the pr1naipal shall well, truly and faithfully
parform it.s clutie., all tha unc1ertakinq$,cOVanahts,' tenu, Oondition,.
and aqree1'llents of ga1eS contract,dur1ng the oriqinal term thereof and
any extensions thereot Whioh ,may be qrantBd by ,the. OWN!fl, with or
withou~ notioe to the S~e~y and during the one year guaranty period'
and it he shall .at1~ty all claims and de~ands inQurred under such
oontraet and .hall tUlly,ind.-n1ty and eave harmless 'the OWNER from
all C08~d an4 daDa9.e wh10hit may .utter ~y rea.on of 'failure to 'dO
co and shall re1mhur.. and repay the Own.~ all outlay and expense
whioh ~h. OWNER .ay inour in makinq qood, any detaul t, then this.
ob11qation .shall be Void; otherwise to rellulin'in full foroa and
effect.
, ,
'PROVIDED J'UR.THEJ\, that .th. said Surety, tor value received hereby
stipulat.. 'anlS 'aqre.. ~hat. no ohang., extension ot time, ,alteration.
or ad~ition ~o the terms of thecontraot or to work to be' performed
thereunder or the .pecif1cat1on,saoc:ompanyinq thesatne shall be in ~ny,'
way attect it. obliqat1on on thi. bond ~nd it do..h.re~y waive not1ae
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of 'aJ\Y"~8Ue:h Qh$n9A ..xtension of time, al.tera.tion or addition to the
terma of the oontr~ct or to the wo~~ Qr to tne ,spaoifications.
PROVIDJD ruaTHIR, that no final 88ttlement'bat~een the OwNE~ and
the contractor shall abr1dqeth8 right of ~ny ~enefioiary hereunder
~ho.e claim may ~e un.a~istied. . '
8)
),-I':t:>,
, . ._, " , '4-",
executed in . (nuraber'),,~. ~
deemed an originaY': this;-.';, %..
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:;~:; ~):_~ Z~ ~
1\~ST ' :;...' -:,::". '""') ~ ,;, E g;
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_ ..........,J',,; ..._~ ..,.--..,.....r- R
J . -'-. -, ~ -: '.' '::' '\ ,...~
~~~secr.etar_~-""
r. sr~L) .
IN WITNESS WHERJOF, thi& instrument is
ot:' counterpartll, eaoh of which shall be
__day of_ ' 19_.
Johnson Utilities, Inc..
P.O.
---..-"""-
-
Evans, Georgia 30809
Company.
Neidert
J\TT~STt -, '
.f y,./. I , ~//'I /). ")"
. I / M'} I (,- '1 Cui Y:l(~" " {_..t.:..'5'!...~'=' "-' ' ,:'
(Surety) Secretary -
,
: (SF~L)i ;! i L~' .. ,i ,!~:! ;',,'
w1i!tL~!L ~!.JfJ-
:i
Yates Insurance Agency
Ad.~reSS
P.O. Drawer 95806
Yates Insurance Agency'. .
)\ddre~g -------'
Atlanta, Georgia 30347
!~:_~!awer-2?806, Atlanta. Georgia 30347
!
NoTg.
Date ot Bond, must not be prior to d~te of contraot. If
contrac,;:or is partnership, an psrtllsrs should execute
bond.
surety oompanies QX(l!cutinq bondS must appear on the
Tr.asury D.par~m.nt'5 mostcurren~ list (Circular 570
as amonded) and authorized to transact business in ehe
state where the project is located. .
IMPORTANT:
py f; .-7.
-,
<(
Bond No. 20766
, l'A.WI!Jft'. DDMn
~OW ALL'MEN BY THl&SlC PUS1Ji:NTS: that
Johnson Utilities, Inc.
tlctor)
P.O. Box 377, Evans, Georgia 30809
(AQoreSS of contraotor)
l\ Corporation . '0'. , hete1naft&r
(corporation, ~artnersh1p or Ind1v1duaI)
and Hartford Fire Insurance Company
(Name 0 surety)
called principal
P.O. Box 88288, Atlanta,
. Surety)
:her.inaf~er called Sur.~y".re held'
County Board of comm1..1oners,
~uqusta, Q8'orq1a 30911, oalled
Twd Hundred Four Thousand h Hund
($ 204 882
in aw U ~oneY 0
~ell and trul~ to ~. ~ad8, WI b1n4 ourselves,
jointlY and severallY, firmly by
. _ I './! '} ,-' ~." '
The condition of thb obl1q..tioJl ie. Quch tllat whareas tile pri';oij;"i""""liTi.i,
entered into a oartain contractwithtna c~unty datbQ the ' day
of . _, 19 / a copy of wh.ch ie h"r"I:O athcMe! and
mada a part liireof for thaoonstructl.on of: .' .'
and firmly 'bound unto the Richmond
city-Cou~ty Munioipal Building,
county' in the penal
.
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NOW, THERlFORl, if the Prinolpal ahallprcmptly make payment to all
persona, firas, oontractora and corporatiOns furniehinq material for
or pe~forminq labO~1n.the prosecution of the wo~kprovided fot in
such contract and. any autborized.eXtenSion or modif1~atlon th.~.of.
inclUding all ..ount. 4u. for .a1:.rials, . ).ubr1oa.nts, o11,gasoline.,
000.1 ....d oolte, r_ira on .....l1inary, . equipment and tools. oonsUlD<ld 0'"
used 1nClonnectiCft wi~. ~aoonBtruction of Buoll. ",ork an4 all
ineuranoe pr....iwas on said worleand .for dl labor perfo"","d 1nlluoh
",ork whetl>er bY "uboont.racto~ or otIlarwies, then tl11e ob11.,al:1on ehall
tle void, otherwi.e 'to r.main in full foroe, and effect. ' .
PROVIDED FURTHER, that thaS~ety forvalus raceived l1erebY "tipulate.
and aqraee that nO oban"., extenSion of time, alteration or ae!e!ition
to the te..... of tile contract or to the worl< to be perforJDed thereunder
or the "paoif10ation. aoooapanyinq the aame shall .1n any way affect
its obll..,aUOn on this bOnd a!ld it doee llereby waive notioe of any..
8uch c118J1CJa, .xtanllion of, time. alt:aration or a4dit10n to the .terms
of the contrac~ or to the york O~ to the speoifieations. '
pROvIDzn FUR~' that no final settlement between the oWN2R and the .
contractor &hall abridge the riqllt of any beneficiary hereunder whoae
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Sop ir i ~ cre.~ "RnAd gll"i~arv ~A",.r E~ten!do~ proj ect
r--
IN W4~~ES9 WHEREOF, th!c instrument i8exec~ted in (numbar of
copies) ~ounterpart., eaohone of which &h.~l be deemed an or1qinal,c
th,is t.he _ ~day of~ 19 ~\ '. "'b->
.... ........Q._~_ 1'2-
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secret,ary., -: '": \ ~......"....;;:
-"',.,..........,. ....,...~_......."..' "(',,\
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claim mAY be \ln~ati.fi.d,
Johnson' Utilities, Inc.
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,Addre$8
(1)-
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EvanS, Georgia 30809
Hartford Fire Insurance Company
IS)"
Neidert
Yates Insurance Agency
. AddresS
P.o. ,Drawer 95806
,..A-
Atlanta, Georgia 30347
,A'l"rEST
(SIAL)
w1f/
d reS9
/;IIO~JJ/~~, 3d~~J
ATT~~ " ',/ // '
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, / ~,/ ,t" Vi' I .0;_,;', /~, i yo-).;/,. .' ".. - ,,~
. '-- '-- _. '/---L '0 . ( (_ . ,-.;: "7
-- Surety Secratary
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:.\ ,~;I~,?, ~~::r:~~: .;{~~:,~.
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( SEAL)
~b# {Jj~
wit.ess ~sto .' "Y .
Yates Insuranc~ Agency
Addre.s
P.O. Drawer 95806, Atlanta, Geor&ia 30347
NOT~:
D.~. of 'Bond ,must not be prior to ,date of contrect.' If
contraotor is Partner-hip, all partnerS should . execute'
bond.
surety companies exeouting bonds must appear on the
Treasury Department'. most currant,list (circul~r 570
as amended) and be authorized to transactbu&in&89'~n'
tbe state where the project is located.
'IMPO~'rANT :
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HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY; a
corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford,
County of Hartford, State of Connecticut, does hereby make, constitute and appoint
P. D. YATES, JR., P. p. YA,ms, III,J fl. CARMAN, KEVIN M. NEIDER1;
MICHAEL L. ANGEJ,-, MICHAELS. BRICKNER, KAREN A. MAYNARD
EMME1T H HALL, ALAN R. YAmS and TAMARA HENDERSON of ATLANTA, GEORGIA
its true and lawful Attorney(s)-in-Fact, with full power and'authority to each of said Attorney(s)-ifl-Fact, in their separate
capacity if more than one is named above, ,to sign, execute and acknowledge any and all bonds and undertakings and other
writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons
holding places of public or private trust: guaranteeing the performance of contracts other than insurance poliCies:
guaranteeing the per:tormance ofinsurancecontracts where. surety bonds are accepted by states and municipalities; and
executing or guaranteeing bonds and undertakings required or permitted in all actions or_~r~:::~~IlJ~_~_bY .law allowed,
-----
----------------------------~-~-----~-----:::::::~--~-~~-:_-----------------------------
--------------~-----~---------
--------- . .. :.
andto bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and
undertakings and other writings obligatory in the natore thereof were signed by an Executive Officer of the HARTFORD FIRE
INSURANCE COMPANY and sealed and attested by'one other of such Officers, and hereby ratifies and confirms all that its
said Attorney(s)-in-Fact may do in pursuance hereof: '
This power of attomey is granted by and under authority' of the following provisions:
(1) By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called
and held on the 9th day of March, 1971. ' . ,'.
;,
, ,
ARTICLE IV .
SECTION 8. The President or any Vice-President, acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice-Presidents,
Resident Assistant Secretaries ,and Attomeys-in-Fact and 'at any time to remove any such Resident Voce-President, Resident Assistant Secretary, or
Attorney-in-Fact, a~d revoke the power and authority given to him, '
, SECTION 11. Attorneys-in-Fact shall haVe po~er and autho~ty, subject to the terms and limitations of the power of attorney issued to them, tO,execute
and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings, and other writings Obligatory in
the nature thereof, and anY,such instrument executed by. any such Attorney-in-Fact shall be as binding upon the Company as if signed by an Executive
Officer and sealed and attested by one other of such OffICers." .' , _
This power ofattomey is signed and sealed bY facsimile under and by the authority of the following Resolution adopted
by the Directors of the HARTFORD FIRE INSUR~NCE COMPANY i~t a meeting, duly called ,and he,ld on the 12th q!lyof
February, 1993. .'..' j ": " .'! . ;, ' I r :l :' ,..,. ,,),.'tl'[,.
Resolved, that the signatures of such Officers and the Se8!Of theCompany may be affixed to any such power of attorney or to any certificate relating
therelo by facsimile, and any such power of attorney or certificate'bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile' signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking, to which if is attached, . ,. . , ., , '
In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by
its Vice-President, and its corporate seal to be hereto affixed, dul~ .attested by its SecretarY, this 19th day of January, 1.994,
HARTFORD FIRE INSURANCE COMPANY
~
Attest:
'~dJ4!~
~p~
Robert N. H. Sener
Vice.Presidenr
Richard R, Hermanson'
Secretary
STATE OF CONNECTICUT, lss,
COUNTY OF HARTFORD \
On'this 19th day of January, A.D. 1994, before me personally came Robert N. H. Sener, to me known, who being by me duly
swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice-President of
the HARTFORD FIRE INSURANCE COMP,A.NY, the corporation described.in and which executed the above instrument; that
'he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal,: that it was so
affixed by order of the Board of Directors of said corporation and that he sigried his name,thereto by like order,
STATE OF CONNECTICUT
COUNTY OF HARTFORD
Qp/7~.. #.UJ~.
~ Jean,H, Wozniak
Notary Public
My Commission 'Expires March 31. 199~
ss,
CERTIFICATE
I, the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation,
DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been
revoked: and furthermore, that the Resolutions of the, Board of Directors, set forth in the Power of Attorney, are now in force,
Signed and sealed at the City of Hartford. Dated the' day of 19
Form S-3S0NI, (HF) Printed in U,S.A;
oQd1" ~
Assistant S9Cretary f -
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6. The Owner will pay to the Contractor in the manner and at such
times as set forth in the General Conditions such amounts as
required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and
their respective heirs, executors, administrators, successors,
and assigns.
IN WITNESS WHEREOF, the parties hereto have execu~ed or caused
to be executed by their duly authorized officials, this Agreement in
(number of copies) each of which shall be deemed an original on
the date first above written.
OWNER:
~~~~~,~\\
-~-l'CHI\,f" ~l'l
....' " -.,., 'A' "l1i
,A;;1'~ ~;';''''''GUClO .., Y.fJ ~.~
,A" ,:::~~' ",,,C>' "~"" <:'Q ~,~
pi ~"'V. o~p "G'o" {:\ " j~
f/ u 00 ..".- ." ,'{.. "',j
f ~! i <,~fj~~'~,J!<~';~~l~ ~\ "':l ':~~
(SEAL)~ . ", '~Y~":"",' 'i,'d ;. ~
~l ~ ~ :~:~'il~',:,::~::;,:':,~(":~:f/!~:~ :] ~ ~
~,.... ~ "'1'''~''''"' ,.~.""'-, ',' '1 il
ST of~) ''''''- l' pJ
? o~ .1#
....
of Commissioners
BY:
.. .
NAME fE r:j;;~~
TITLE d:J !fI~
TITLEJ
CONTRACTOR:
,t-. .>..:.-.:0..:_..,.......0.:. ,;..
~-:.
.... >>,,'" ~, ~ ...~ ~~
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- ~..:::. !- ~~: ::: :;
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':':., ~.:-~_._-:_-:::/:~/f
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( SEAL)
7+-es,ckJ-A T
NAME:
'ADDRESS:Y()""Be) t, 377
C "Crl~ Jla
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NAME
71) "Eol
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS; that
(Name of Contractor)
(Address of Contractor)
, hereinafter called
a
Principal, and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held
County Board of Commissioners,
Augusta, Georgia 30911, hereinafter
and firmly bound unto the Richmond
City-County Municipal Building,
called OWNER, in the penal sum of
dollars
) in lawful money of the United States, for the
which sum well and truly to be made, we bind ourselves,
and assigns, jointly and severally, firmly by these
($
payment of
successors
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the
Principal entered into a certain contract with the OWNER, dated
day of , 19 , a copy of which is hereto
attached and made a part hereof for the construction of Spirit Creek
Road Sanitary Sewer Extension Project.
NOW, THEREFORE, if the Principal shall well, truly and faithfully
perform its duties, all the undertakings, covenants, terms, conditions
and agreements of said contract during the original term thereof and
any extensions thereof which may be granted by the OWNER, with or
without notice to the Surety and during the one year guaranty period
and if he shall satisfy all claims and demands incurred under such
contract and shall fully indemnify and save harmless the OWNER from
all costs and damages which it may suffer by reason of failure to do
so and shall reimburse and repay the Owner all outlay and expense
which the OWNER may incur in making good any default, then this
obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED FURTHER, that the said Surety, for value received hereby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract or to work to be performed
thereunder or the specifications accompanying the same shall be in any
way affect its obligation on this bond and it does hereby waive notice
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of any such change extension of time, alteration or addition to the
terms of the contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the OWNER and
the Contractor shall abridge the right of any beneficiary hereunder,
whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in (number)
of counterparts, each of which shall be deemed an original this
____day of 19
ATTEST
Principal
(Principal) Secretary
By
(s)
( SEAL)
Address
(Witness as to Principal)
(Address)
Surety
ATTEST:
By
Attorney-in-fact
(Surety) Secretary
( SEAL)
Address
Witness as to Surety
Address
NOTE: Date of Bond must not be prior to date of Contract. If
Contractor is Partnership, all partners should execute
bond.
IMPORTANT: Surety companies executing bonds must appear on the
Treasury Department's most current l1st (Circular 570
as amended) and authorized to transact business in the
state where the project is located.
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
a hereinafter called Principal
(Corporation, Partnership or Individual)
and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held
County Board of Commissioners,
Augusta, Georgia 30911, called
and firmly bound unto the Richmond
City-County Municipal Building,
County in the penal sum of
dollars
($ )
in lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, successors, assigns,
jointly and severally, firmly by these presents.
The Condition of this obligation is such that whereas the Principal
entered into a certain contract with the County dated the day
of , 19 , a copy of which is hereto attached and
made a part hereof for the construction of:
Spirit Creek Road Sanitary Sewer Extension Project
NOW, THEREFORE, if the Principal shall promptly make payment to all
persons, firms, contractors and corporations furnishing material for
or performing labor in the prosecution of the work provided for in
such contract and any authorized extension or modification thereof,
including all amounts due for materials, lubricants, oil, gasoline,
coal and coke, repairs on machinery, equipment and tools, consumed or
used in connection with the construction of such work and all
insurance premiums on said work and for all labor performed in such
work whether by subcontractor or otherwise, then this obligation shall
be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that the Surety for value received hereby stipulates
and agrees that no change, extension of time, alteration or addition
to the terms of the Contract or to the work to be performed thereunder
or the specifications accompanying the same shall in any way affect
its obligation on this bond and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms
of the Contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the OWNER and the
Contractor shall abridge the right of any beneficiary hereunder whose
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claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in (number of
copies) counterparts, each one of which shall be deemed an original,
this the day of , 19
ATTES,T
Principal
By
(5)
Principal Secretary
Address
( SEAL)
Witness as to Principal
Address
ATTEST:
Surety
Surety Secretary
By
Attorney-in-fact
( SEAL)
Address
witness as to Surety
Address
NOTE: Date of Bond must not be prior to date of Contract. If
Contractor is PartnerShip, all partners should execute
bond.
IMPORTANT: Surety companies executing bonds must appear on the
Treasury Department's most current list (Circular 570
as amended) and be authorized to transact business in
the state where the project is located.
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TABLE Of CONTENTS Of GENERAL CONDITIONS
Title
Definitions
Preliminary Matters
Contrad Documents, Intent, Amending /Unl Refuse
Availability of Lands; Physical Conditions; Reference Points
Bonds and Insur/Ulce
Contractor's Responsibilities
Other Work
Owner's Responsibilities
Engineer's Status During Construction
Changes in the Work
CIl1U1ge of Contract Price
Change of Contract Time
Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective
Work
Payments to Contractor and Completion
Suspension of Work /U1d Termination
Arbitration
Miscellaneous
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GENERAL CONDITIONS
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ARTICLE 1 - DEFINITIONS
I:
Wherever used in these General Conditions or in the
other Contract DOCllments the following terms have the
melmings indicated which are applicable to both the
singular and plural thereof;
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Addenda: Written or graphic instmments issued prior
to the opening of Bids which clarify, correct or c1l1mge
the bidding documents or the Contract Documents.
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A~reement: The written agreement between OWNER
and CONTRACTOR covering the Work to be
perfonlled; other Contract Documents are attached to
the Agreement lUld made a part thereof as provided
therein.
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A,mlicarion for Pavmenr: The fonn accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments lUld which is to
include such supporting documentation as is required by
the Contract Documents,
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Bid: The offer or proposal of the bickler submitted on
the prescribed fonn setting forth the prices for the Work
to be perfonned.
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Bonds: Bid, perfonmmce lUld payment bonds and other
instmments of security.
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ChafH>e Order: A document recommended by
ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision
in the Work, or an adjustment in the Contract Price or
the Contract Time, issued on or after the Effective Date
of the Agreement.
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Contracr Documents: The' Agreement, Addenda (which
pertain to the Contract Documents), CONTRACTOR's
Bid (including documentation accomplUlying the Bid and
any post-Bid documentation submitted prior to the
Notice of Award) when attached as an ex.hibit to the
Agreement, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the
Drawings as the sallle are more specifically identified in
the Agreement, together with alllUllendments,
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moditications lmd supplements issued pursuant to
pamgraphs 3.4 and 3.5 on or after the EtTective Date of
the Agreement.
Conrract Price: The moneys payable by OWNER to
CONTRACTOR under the Contract Documents as
stated in the Agreement (subject to the provisions of
paragraph 11.9,1 in the case of Unit Price Work).
Conrract Time: The nUlllber of days (computed as
provided in paragraph 17.2) or the date stated in the
Agreement for the completion of the Work.
CONTRACTOR: The person, fiml or corporation with
whom OWNER has entertxl into the Agreement.
defecn've: An adjective which when modifying the word
Work refers to Work that is unsatisfactory, faulty or
deficient, or does not confonn to the Contract
Documents, or does not meet the requirements of any
in~pection, reference standard, test or approval referred
to in the Contract Documents, or has been damaged
prior to ENGINEER's recommendation of fmal payment
(unless responsibility for the protection thereof has been
assumtxl by OWNER at SubstlUltial Completion in
accorchmce with paragraph 14,8 or 14.10).
Drmvin~,\:: The drawings which show the character and
scope of the Work to be perfomled and which have been
prepartxl or approvtxl by ENGINEER and are referred
to in the Contract Documents,
Effecrive Date of rhe A ~reement: The date indicattxl in
the Agreement on which it becomes effective, but if no
such date is indicattxl it means the date on which the
Agreement is signed IUld delivered by the last of the two
parties to sign and deliver.
ENGINEER: The person, tinll or corporation nltllltxl
as such in the Agreement.
Field Order: A written order issutxl by ENGINEER
which orders minor chlUlges in the Work in accordance
with paragraph 9.5 but which does not involve a change
in the Contract Price or the Contract Time.
General Requirements: Sections of Division I of the
Specitications.
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Laws and Re(!ldatiol/.\'. Laws or Rer!Ulations: Laws,
mles, regulations, ordinances, codes and/or orders.
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Notice of Award: The written notice by OWNER to the
apparent successful bidder stating that upon complian<.:e
by the apparent successful bickler with the conditions
precedent emunemted therein, within the time specified,
OWNER will sign lUld deliver the Agreement.
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Notice to Proceed: A written noti<.:e given by OWNER
to CONTRACTOR (with a copy to ENGINEER) fixing
the date on which the Contract Time will commen<.:e to
mn lUld on which CONTRACTOR shall start to perfonn
CONTRACTOR's obligations under the Contract
Documents.
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OWNER: The public body or authority, corporation,
association, finn or person with whom CONTRACTOR
has entered into the Agreement lUld for whom the Work
is to be provided.
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Partial Utiliwrion: Placing a portion of the Work in
service for the purpose for which it is intended (or a
related purpose) before reaching SubstlUltial Completion
for all the Work.
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Proiect: TIle total constmction of which the Work to be
provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract
Documents.
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Residem Proiect Rep/"t'sent(/rive: The authorized
representative of ENGINEER who is assigned to the site
or lU1Y part thereof.
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Shop Drawinf{s: All drawings, diagrams, illustrations,
schedules Md other data which are specifically prepared
by or for CONTRACTOR to illustrate some portion of
the Work Md all illustrations, brochures, stlUldard
schedules, perfonnlUlce charts, instmctions, diagrams
and other infonnation prepared by a Supplier and
submitted by CONTRACTOR to illustrate materiid or
equipment for some portion of the Work.
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Specifications: Those portions of the Contract
Documents consisting of written technical descriptions
of materials, equipment, constmction systems, standards
and workInlUlship as applied to the Work and certain
administrative details applicable thereto,
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Suhcontractor: An individual, finn or corporation
having a direct contract with CONTRACTOR or with
MY other Subcontmctor for the perfonllance of a part of
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the Work at the site.
SlIh.l'taJ/rial CO!7mletion: The Work (or a specified part
thereot) has progressed to the point where, in the
opinion of ENGINEER as evidenced by ENGINEER's
definitive certiticate of Substantial Completion, it is
sufficiently complete, in accordance with the Contract
DoclUnents, 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 accordlUlce with paragraph 14.13, The tenns
"substlUltially complete" and "substantially completed"
as applied to lU1Y Work refer to Substantial Completion
thereof.
SlIfmlemellfaty Condin'ollS: The part of the Contract
Documents which lUnends or supplements these General
Conditions.
SlIrmlier: A mlUllIfachlrer, fabricator, supplier,
distributor, materialmlUl or vendor.
U/1(lerf!rolllul Facilities: All pipelines, conduits, ducts,
cables, wires, manholes, vaults, tanks, hmnels or other
such facilities or attacIunents, lUld lU1Y encasements
containing such facilities which have been installed
underground to fumish lU1Y of the following services or
materials; electricity, gases, stelUn, liquid petroleum
products, telephone or other communications, cable
television, sewage Md drainage removal, traffic or other
control systems or water.
Unit Price Work: Work to be paid for on the basis of
unit prices.
Work: The entire completed constmction or the various
separately identifiable parts thereof required to be
fumished under the Contract Documents. Work is the
result of perfonning services, fUnllshing labor and
fumishing and incorporating materials and equipment
into the constmction, all as required by the Contract
Documents.
Work Direcrive Chanfje: A written directive to
CONTRACTOR, issued on or after the Effective Date
of the Agreement and signed by OWNER and
recolllmended by ENGINEER, ordering an addition,
deletion or revision in the Work, or responding to
diftering or IUlforeseen physical conditions under which
the Work is to be perfonned as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A
Work Directive Change may not change the Contract
Price or the Contract Time, but is evidence that the
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. parties expect that the cluUlge dirocted or documented by
a Work Directive Change will be incorporated in a
subsequently issued Change Order following
negotiations by the parties as to its eftect, if any, on the
Contract Price or Contract Time as provided in
paragraph 10.2,
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Wrirren Amendmenr: A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Eftective Date of the
Agreement and nonnally dealing with the
nonengineering or nontechnical rather tl1lUl strictly
Work-related aspects of the Contract Documents,
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ARTICLE 2 - PRELlM1NARY MATTERS
Delivery of Bonds:
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2.1. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds a.~ CONTRACTOR may
be required to t1lmish in accordance with paragraph 5.1,
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Copies of Documents:
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2.2. OWNER shall t1lfllish to CONTRACTOR up to
ten copies (unless otherwise specitied in the
Supplementary Conditions) of the Contract Documents
as are reasonably necessary for the execution of the
Work. Additional copies will be fumished, upon
request, at the cost of reprodllction.
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Commencement of Contract Time; Notice to Proceed
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2.3. The Contract Time will commence to nl11 on the
thirtieth day after the Eftective 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 Eftective
Date of the Agreement. 'In no event will the Contract
Time commence to nl11 later than the seventy-tifth day
after the day of Bid opening or the thirtieth day after the
Effective Date of the Agreement, whichever date is
earlier,
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Starting the Project:
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2.4. CONTRACTOR shall start to perform the Work
on the date when the Contract Time commences to nlll,
but no Work shall be done at the site prior to the date on
which the Contract Time commences to mn,
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Before Starting Construction:
2.5, Before undertaking each part of the Work,
CONTRACTOR shall carefully study ami compare the
Contract Documents and check and verifY pertinent
figures shown thereon IUld all applicable field
m~lsurements. CONTRACTOR shall promptly report
in writing to ENGINEER any conflict, error or
discreplUlcy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGINEER before proceeding with 1U1Y Work affected
thereby; however, CONTRACTOR shall not be liable
to OWNER or ENGINEER for failure to report any
connict, error or discrepancy in the Contract
Documents, unless CONTRACTOR had actual
knowledge thereof or should reasonably have known
thereof.
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6,1. IUl estimated progress schedule
indicating the starting and completion dates of
the variolls stages of the work.
2.6,2, a preliminary schedule of Shop
Drawing submissions; and
2.6.3. a preliminary schedule of values for
all of the Work which will include quantities
and prices of items aggregating the Contract
Price lUld will subdivide the Work into
component parts in sllfticient detail to serve as
the basis for progress payments during
constmction, Sllch prices will include an
appropriate IUllount of overhead and profit
applicable to each item of Work which will be
contirmed in writing by CONTRACTOR at
the time of submission.
2.7, Before any Work at the site is start6{l,
CONTRACTOR shall deliver to OWNER, with a copy
to ENGINEER, certiticates (and other evidence of
lJ1Sllrance request6{1 by OWNER) which
CONTRACTOR is required to purchase and maintain in
aCconhUlce with paragraphs 5,3 and 5.4 IUld OWNER
shall deliver to CONTRACTOR certificates (and other
evidence of insurlUlce request6{1 by CONTRACTOR)
which OWNER is requir6{1 to purchase and maintain in
accordlUlce with paragraphs 5.6 IUld 5.7.
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Precoflstruction Conference:
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2.8. Within twenty days after the Effective Date of
the Agreement, but before CONTRACTOR starts the
Work at the site, a conferen<.:e attended by
CONTRACTOR, ENGINEER and others as appropriate
will be held to discuss the s<.:hedules referred to in
paragraph 2.6, to discuss procedures for handling Shop
Drawings and other submittals and for processing
Applications for Payment, and to establish a working
understanding among the parties as to the Work.
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Finalizing Schedules:
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2.9. At least ten days before submission of the tirst
Application for Payment a conference attended by
CONTRACTOR, ENGINEER and others as appropriate
will be held to finalize the s<.:hedules submitted in
accordance with paragraph 2,6. The tinalized progress
schedule will be acceptable to ENGINEER as providing
IUl orderly progression of the Work to completion within
the Contract Time, but such acceptlUlce will neither
impose on ENGINEER responsibility for the progress
or scheduling of the Work nor relieve CONTRACTOR
from tl.111 responsibility therefor. The tinalized s<.:hedule
of Shop Drawing submissions will be a<.:ceptable to
ENGINEER as providing a workable arrangement for
processing the submissions. The tinalized schedule of
values will be acceptable to ENGINEER as to fonll and
substance.
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ARTICLE 3 CONTRACT DOCUMENTS:
INTENT. AMENDING. REUSE
Intent:
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3. I. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Do<.:uments are
complementary; what is called for one is a binding as if
called for by all. The Contract Documents will be
constnled in accordance with the law of the place of tht::
Project.
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3.2. It is the intent of the Contract Documents to
describe a functionally complete Project (or part
thereot) to be constnlcted in accordance with tht::
Contract Documents. Any Work, materials or
equipment that may reasonably be inferred from the
Contract Documents as being required to produ<.:t:: the
intended result will be supplied whether or not
specitically called for. Then words which have a well-
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known tt::chllical or trade meaning are used to describe
Work, materials or equipment such words shall be
interpreted in accordance with that meaning. Reference
to stlUldard specifications, manuals or codes of any
teclm.ical society, organization or association, or to the
La ws or Ref,'lllations of any govenunental authority,
whether such reference be specific or by implication,
shall melUl the latest standard specification, manual,
code or Laws or Ref,TJ.llations in effect at the time of
opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids), except as may be
otherwise spe<.:ifically stated. However, no provision of
any referenced stlU1(lard specitication, manual or code
(whether or not specifically incorporated by reference in
the Contmct DoclUnents) shall be effective to change the
duties IUld responsibilities of OWNER, CONTRACTOR
or ENGINEER, or 1U1Y of their consultants, agents or
employees from those set forth in the Contract
Documents, nor shall it be effective to assign to
ENGINEER, or any of ENGINEER's consultants,
agents or employees, any duty or authority to supervise
or direct the tilmishing or performance of the Work or
any duty or authority to undertake responsibility
contmry to the provisions of paragraph 9,15 or 9.16.
Claritications IUld interpretations of the Contract
Documents shall be issued by ENGINEER as provided
in paragraph 9.4.
3,3. If, during the perfonnance of the Work,
CONTRACTOR finds a coni1ict, error or discrepancy
in the Contract Documents, CONTRACTOR shall so
report to ENGINEER in writing at once and before
pro<.:eeding with the Work affected thereby shall obtain
a written interpretation or clarification from
ENGINEER; however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report
any contlict, error or discreplillcy in the Contract
Documents unless CONTRACTOR had actual
knowledge thereof or should reasonably have known
thereof.
Amending and Supplementing Contract Documents:
3.4. The Contract Documents may be IUnended to
provide for additions, deletions and revisions in the
Work or to modify the tenns and conditions thereof in
one or more of the following ways:
3.4,1. a formal Written Amendment,
3.4.2. a ChlUlge Order (pllrslllUlt to
paragraph 10.4), or
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3.4.3. a Work Directive Change (pursuant to
paragraph 10,1),
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As indicated in paragraphs 1l.2 and 12.1, Contract
Price and Contract Time may only be changed by a
Change Order or a Written Amendment.
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3.5. In addition, the requirements of the Contract
DoclUnents may be supplemented, and minor variations
and deviations in the Work may be authorized, in one or
more of the following ways:
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3,5.1. a Field Order (pursuant to paragraph
9,5),
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3.5.2. ENGINEER's approval of a Shop
Drawing or sample (pursuant to paragraphs
6.26 and 6.27) or
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3.5.3, ENGINEER's written interpretation or
clarification (pursuant to paragraph 9.4).
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Reuse of Documents:
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3,6. Neither CONTRACTOR nor lUlY Subcontractor
or Supplier or other person or organization performing
or tlmtishing IUlY of the Work under a direct or indirect
contract with OWNER shall have or acquire any title to
or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereot) prepared by or beming 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 specitic written
veritication or adaptation by ENGINEER,
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ARTICLE 4 - AVAILABILITY OF LANDS:
PHYSICAL CONDlTrONS: REFERENCE POINTS
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A vailability of Lands:
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4,1, OWNER shall tllmish, as indicated in the
Contract Documents, the lands upon which the Work is
to be perfonned, rights-of-way and easements for access
thereto, and such other lands which are designated for
the use of CONTRACTOR. Easements for penlllUlent
stmclures or penlllUlent changes in existing facilities
will be obtained IUnl paid for by OWNER, unless
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otherwise provided in the Contract Documents, If
CONTRACTOR believes that any delay in OWNER's
tllnushing these lands, rights-of-way or easements
entitlc:s CONTRACTOR to IUl extension of the Contract
Time, CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shall provide
for all additional lands IUld access thereto that may be
required for temporary constmction facilities or storage
of materials and equipment.
Physical Conditions:
4.2,1. Exolorarioll.\' and Renorrs: Reference
is made to the Supplementary Conditions for
identitication of those reports of explorations
IUld tests of subsurface conditions at the site
that have been utilized by ENGINEER in
preparation of the Contract Documents.
CONTRACTOR,may rely upon the accuracy
of the teclmical data contained in such reports,
but not upon nontechnical data, interpretations
or opinions contained therein or for the
completeness thereof for CONTRACTOR's
purposes. Except as indicated in the
immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have
full responsibility with respect to subsurface
cunditions at the site.
4.2.2. Exisrilw Srrucrures: Reference is
made to the Supplementary Conditions for
identification of those drawings of physical
conditions in or relating to existing surface and
subsurface stmctures (except Underground
Facilities referred to in paragraph 4.3) wluch
are at or contiguous to the site that have been
utilized by ENGINEER in preparation of the
Contract Documents, CONTRACTOR may
rely upon the accuracy of the technical data
contained in such drawings,but not for the
completeness thereof for CONTRACTORS's
purposes. Except as indicted in the
immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have
tldl responsibility with respect to physical
conditions in or relating to such stmctures.
4.2,3, Reporr of Di(ferinr; COIuliriolls: If
CONTRACTOR believes that:
4,2.3,1. MY technical data on which
CONTRACTOR is entitltl{1 to rely as providtl{1
in paragrapll~ 4.2,] and 4,2.2 is inaccurate, or
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4,2,3,2. IUlY physical condition
uncovered or revealed at the site differs
materially from that indicated, retlected. or
referred to in the Contract Documents,
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CONTRACTOR shall, promptly after becoming aware
thereof and before perfonning any Work in connection
therewith (except in an emergency as penllitted by
paragraph 6.22), notify OWNER and ENGINEER 111
writing about the inaccuracy or difference.
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4.2.4. ENGINEER's Review: ENGINEER
will promptly review the pertinent conditions,
detenlline the necessity of obtaining additional
explorations or test with respect thereto and
advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's tindings
and conclusions.
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4.2.5, Pos,\'ible Document Chanffe: If
ENGINEER concludes that there is a material
error in the Contract Documents or that
because of newly discovered conditions a
change in the Contract Documents IS
required, a Work Directive Changt:: or a
Change Order will be issued as provided in
Article 10 to retlect and document the
consequences of the inaccuracy or difference,
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4.2.6. Possihle Price and Time Adi,lstmen(s:
In each such case, an increase or decrease in
the Contract Price or an extension or
shortening of tht:: Contract Time, or any
combination thereof, will be allowable to the
extent that they are attributable to any such
inaccuracy or difference, If OWNER and
CONTRACTOR are unable to agree as to the
amount or length thereof, a claim may be
made therefor as provided in Article II and
12.
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Physical Conditions-Underground Facilities:
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4.3.1, Shown or Indicated: The information
and data shown or indicated in the Contra<.:t
Documents with respect to existing
Underground Facilities at or contiguous to tht::
site is based on infonllation and data furnished
to OWNER or ENGINEER by the owners of
such Underground Facilities or by others,
Unless it is otherwise expressly provided in
the Supplementary Conditions:
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4.3.1.1. OWNER and ENGINEER shall
not be responsible for the accuracy or
completeness of 1U1Y such infonnation or data;
IUld
4,3.1.2. CONTRACTOR shall have full
responsibility for reviewing and checking all
such infonllation and data, for locating all
Underground Facilities shown or indicated in
the Contract Documents, for coordination of
the Work with the owners of such
Underground Facilities during constmction,
for the safety and protection thereof as
provided in paragraph 6,20 and repairing any
damage thereto resulting from the Work, the
cost of all of which will be considered as
having been included in the Contract Price.
4,3.2. Not Shown or Indicated. If an
UndergrOlmd Facility is uncovered or revealed
at or conti,bTtlous to the site which was not
shown or indicated in the Contract Documents
and which CONTRACTOR could not
reasonably have been expected to be aware of,
CONTRACTOR shall, promptly after
becoming aware thereof lUx! before perfonning
any Work affected thereby (except in an
emergency as penllitted by paragraph 6.22),
identify the owner of such Underground
Facility and give written notice thereof to that
owner and to OWNER and ENGINEER.
ENGINEER will promptly review the
Underground Facility to detennine the extent
to which the Contract Documents should be
moditied to retlect and document the
consequences of the existence of the
Underground Facility, and the Contract
Documents will be amended or supplemented
to the extent necessary. During such time,
CONTRACTOR shall be responsible for the
safety IUld protection of such Underground
Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase
in the Contract Price or an extension of the
Contract Time, or both, to the extent that they
are attributable to the existence of any
Underground Facility that was not shown or
indi<.:ated in the Contract Documents and
which CONTRACTOR could not reasonably
have been expected to be aware of. If the
parties are unable to agree as to the amount or
length thereof, CONTRACTOR may make a
claim therefor as provided in Articles 11 and
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12.
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Reference Points:
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4.4. OWNER shall provide engineering surveys to
establish reference points for constntction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work,
CONTRACTOR shall be responsible for laying out the
Work (unless otherwise specified in the General
Requirements), shall protect and preserve the
established reference points and shall make no cluUlges
or relocations without the prior written approval of
OWNER. CONTRACTOR shall report to ENGINEER
whenever any reference point is lost or destroye<1 or
requires relocation because of necessary cluulges in
grades or locations, and shall be responsible for the
accurate replacement or relocation of such reference
points by professionally qualitie<1 personnel.
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ARTICLE 5 - BONDS AND INSURANCE
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Performance and Otller Bonds:
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5,1, CONTRACTOR shall tilfllish performance and
payment Bonds, each in an amount at least c:qual to the
Contract Price as security for the faithful performance
and payment of all CONTRACTOR's obligations under
the Contract Documents, These Bonds shall remain in
effect at least until one year after the date when tinal
payment becomes due, except as otherwise provided by
Law or Regulations or by the Contract Documents,
CONTRACTOR shall also tilrnish such other Bonds as
are require<1 by the Supplementary Conditions, All
Bonds shall be in the fonns prescribed by Law or
Regulation or by the Contract Documents and be
executed by such sureties as are mUlled in the current
list of "Companies Holding Certiticates of Authority as
Acceptable Sureties on Fe<leral Bonds and as Acceptable
Reinsuring Compmlies" as published in Circular 570
(lUnended) by the Audit Staff Bureau of Accounts, V,S,
Treasury Department. All Bonds signed by an agent
mlL~t be accompanied by a celtitied copy of the authority
to act.
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5.2. If the surety on any Bond tilrnished by
CONTRACTOR is declare<l a bankntpt or becomes
insolvent or its right to do business is tenninated in any
state where lUlY part of the project is located or it ceases
to meet the requirements of paragraph 5,1,
CONTRACTOR shall within tive days thereafter be
acceptable to OWNER.
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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
tlmushed lUld as will provide protection from claims set
forth below which may arise out of or result from
CONTRACTOR's perfonnance and furnishing of the
Work lUld CONTRACTOR's other obligations under the
Contract Documents, whether it is to be performed or
tlmlished by CONTRACTOR, by any Subcontractor, by
anyone directly or indirectly employed by any of them
to perfonn or tllmish any oftlJe Work, or by anyone for
whose acts may be liable:
5.3.1. Claims under workers' or workmen's
compensation, disability benefits and other
similar employee benetits acts;
5,3,2. Claims for damages because of bodily
injury, occupational sickness or disease, or
death of CONTRACTOR's employees;
5,3.3. Claims for dlUnages because of bodily
injury, sickness or disease, or death of any
person other tlUUl CONTRACTOR's
employees;
5,3.4. Claims for damages insured by
personal injury liability coverage wluch are
sustaine<l (a) by any person as a result of an
otlense directly or indirectly relate<1 to the
employment of such person by
CONTRACTOR, or 0)) by any other person
for any other reason;
5.3,5. Claims for damages, other tIuUl to the
Work itself, because of injury to or destnlction
of tangible property wherever 10cate<l,
including loss of use resulting therefrom;
5,3,6, Claims arising out of operation of
Laws IUld Regulations for damages because of
bodily injury or death of any person or for
dmnage to property ; and
5,3,7. Claims for damages because of bodily
injury or death of any person or property
damage arising out of the ownership,
maintenance or use of any motor velucle.
The insurlUlce require<1 by this paragraph 5.3. shall
include the specific coverages and be written for not less
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than the limits of liability and covt:ragt:s providt:d in the
Supplementary Conditions, or relluired by law,
whichever is greater. Tht: compreht:nsive general
liability insurance shall include completed operations
insurance. All of the policies of insurance so required
to be purchased IUld maintained (or the certiticates or
other evidence thereot) shall contain a provision 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 lUld ENGINEER by certitied maiL All such
insurance shall remain in effect until tinal payment and
at all times thereafter when CONTRACTOR 'may be
correcting, removing or replacing defective Work in
accordlUlce with paragraph 13.12. In addition,
CONTRACTOR shall maintain such completl:~d
operations insurance for at least two years after tinal
payment and fumish OWNER with evidence of
continuation of such insufiUlce at tinal payment and one
year thereafter.
Contractual Liability Insurance
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.5.4. The comprehensive general liability insurance
required by paragraph 5.3, will include contractual
liability ulsurlUlce applicable to CONTRACTOR's
obligations under paragraphs 6.30 IUld 6,31.
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Owner's Liability Insurance
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5.5. OWNER shall be responsible for purchasing and
maintauling OWN ER' s own liability insurance IUld, at
OWNER's option, may purchase and maintain such
insurance as will protect OWNER against claims which
may arise from operations under the Contract
Documents.
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Property Insurance:
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5,6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain
property insurance upon the Work at the site to the nlll
insurable value thereof (subject to such deductible
amounts as may be provided Ul the Supplementary
Conditions or required by Laws and Regulations). This
insurance shall ulclude 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,
shall insure against the perils of tire and extended
coverage lUld shall include "all risk" insurance for
physical loss lUld drunage including theft, vandalisiuand
malicious mischief, collapse ruld water damage, and
such other perils as may he provided in the
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Supplementary Conditions, and shall include drunages,
losses and expenses arising out of or resultulg from any
insured loss or ulcurred Ul the repair or replacement of
any ulsured property (ulcluding but not lunited to fees
and charges of engineers, architects, attorneys and other
professionals). If not covered under the "all risk"
insurlUlce or otherwise provided in the Supplementary
Conditions, CONTRACTOR shall purchase and
maintain sUllilar property insurance or portions of the
Work stored on ruld 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 ruld maintain such boiler
and machinery insurrulce or additional property
ulsurance as may be required by the Supplementary
Conditions or Laws rulel Re!,'ulations which will include
the ulterests of the OWNER, CONTRACTOR,
Subcontractors, ENGINEER and ENGINEER's
consultants in the Work, all of whom shall be listed as
u1Sllf(~d or additional insured parties.
5,8. All the policies of imurance (or the certificates or
other evidence thereot) requir~1 to be purchased and
maintain~l by OWNER Ul accordrulce with paragraphs
5.6 IUld 5.7 will contain a provision or endorsement that
the covemge afforded will not be cancelled or materially
chang~1 or renewal renlsed until at least thirty days'
prior written notice has been given to CONTRACTOR
by certiti~1 maillUlel will contain waiver provisions in
accfJf{liUlce with paragraph 5: 11.2.
5,9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others
in the Work to the extent of any d~luctible rullounts that
are provided in the Supplementary Conditions. The risk
of loss within the d~luctible amount, will be borne by
CONTRACTOR, Subcontractor or others suffering any
such loss and if lU1Y of them wishes property insurrulce
coverage within the limits of such lUllounts, each may
purchase lUld maintain it at the purchaser's own
expense,
5.10. If CONTRACTOR requests in writing that other
special insurance be includ~1 in the property insurance
policy, OWNER shall, if possible, include such
insurance, ruld the cost thereof will be charged to
CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the
Work at the site, OWNER shall in writing advise
CONTRACTOR whether or not such other insurance
has been procure<l by OWNER.
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Waiver of Rights
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5.11,1. OWNER and CONTRACTOR waiv~
all rights against ~ach oth~r for all losses and
damag~s caused by !Uly of th~ perils covered
by the polici~s of insunUlce provided in
response to paragraphs 5,6 1U1d 5.7 1U1d 1U1Y
other property insunU1ce applicable to the
Work, 1U1d also waive all such rights against
th~ Subcontractors, ENGINEER,
ENGINEER's COll~ultants and all other parties
named as insureds in such policies for losses
and damages so caused. As required by
paragraph 6. II, each subcontract between
CONTRACTOR and a Subcontractor will
contain similar waiver provisions by th~
Subcontractor in favor of OWNER,
CONTRACTOR, ENGINEER, ENGINEER's
consultants 1U1d all other parties named as
insureds. None of the above waivers shall
extend to the rights that 1U1Y of the insured
parties lllay have to be procet;)(ls of insunUlce
held by OWNER as tnlstee' or oth~rwise
payable.
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5.11.2. OWNER and CONTRACTOR intend
that any policies provided in response to
paragraphs 5.6 and 5.7 shall protect all of the
parties insurt;)(1 IUX( provide primary coverage
for all losses !U1d damages caused by the perils
covert;)(l ther~by, Accordingly, all such
policies shall contain provisions to the effed
that in the ev~nt of paym~nt of 1U1Y loss of
damage the insurer will have no rights of
recovery against any of the parties namt;)(! as
insured or additional insureds, 1U1d if the
insurers require separate waiver forms to b~
signed by ENGINEER or ENGINEER's
consultlUlt OWNER will obtain the same, and
if such waiver forms are required of any
Subcontrador, CONTRACTOR will obtain the
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slUlle.
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Receipt and Application of Proceeds:
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5,12. Any imured loss under the policies of insurlUlce
required by pamgraphs 5.6 lUld 5.7 will be adjusted with
OWNER and made payable to OWNER as tnlstee for
the insureds, as their interests may appear, subject to
the requirements of !U1y applicable mortgag~ clause and
of paragmph 5.13. OWNER shall deposit in a separate
account any money so rec~ived, !U1d shall distribute it in
accordance with such agreem~nt as the parties in
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interest may reach, If no other special agreement is
reached the dlUnaged Work shall be repaired or
replact;)(I, the moneys so received applit;)(1 on account
thereof !Uld the Work IUld the cost thereof covered by an
appropriate Change Order or Written Amendment.
5.13, OWNER as tnlstee shall have power to adjust
and settle lU1Y loss with the insurers unless one of the
parties in interest shall object in writing within fifteen
days after the occurrence of the loss to OWNER's
exercise of this power. If such objection be made,
OWNER as tnlstee shall make settlement with the
insurers in accordlUlce with such agreement as the
parties in interest may reach. If required in writing by
lUlY party in interest, OWNER as tnlstee shall, upon the
occurrence of !U1 insured loss, give bond for the proper
perfOrtlllUlce of such duties.
Acceptance of Insurance:
5. 14, If OWNER has lU1Y objection to the coverage
affordt;)(1 by or other provisions of the insurance
requirt;)(1 to be purchased and maintaint;)(1 by
CONTRACTOR in accordance with paragraphs 5.3.
and 5.4 on the basis of its not complying with the
Contract Documents, OWNER shall notify
CONTRACTOR in writing thereof within ten days of
the date of delivery of such certificates to OWNER in
accordcUlce with parrlgraph 2.7. If CONTRACTOR has
any objedion to the coverage afforded by or other
provisions of the policies of ulsurance required to be
purchast;)(( and maintault;)(( by OWNER in accordance
with paragraphs 5.6 IUxl 5.7 on the basis of their not
complying with the Contract Documents,
CONTRACTOR shall notify OWNER in writing thereof
within ten of the date of delivery of such certificates to
CONTRACTOR in accordlUlce with paragraph 2.7.
OWNER !U1d CONTRACTOR shall each provide to the
other such additional ulfonnation Ul respect of insurance
providt;)() by each liS the other may reasonably request.
Failure by OWNER or CONTRACTOR to give any
such notice of objection within the time provided shall
cOll~tih1le acceptlUlce of such imurance purchased by the
other as complying with the Contract Documents.
Partial Utilization - Property Insurance:
5.15. If OWNER finds it necessary to occupy or use
a portion or portions of the Work prior to Substantial
Completion of all the Work, such use or OCCUPlU1CY may
be accomplished in accordlUlce with paragraph 14.10;
providt;)(1 that no such use occupancy shall commence
before the insurers providing the property insurance
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have acknowledged notice thereof' and in writing
effected the changes in coverage necessitated thereby.
The insurers providing the property insurance shall
consent by endorsement on the policy or policies, but
the property insurance shall not be clUlcelled or lapse on
account of any such partial use or OCCUPlU1CY,
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ARTICLE 6
RESPONSIBILITIES
CONTRACTOR'S
Supervision and Superintendence:
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6.1. CONTRACTOR shall supervise lUld direct the
Work competentlYlUld efficiently, devoting such
attention thereto and applying such skills lUld expel1ise
liS may be necessary to pettc)nn the Work in accordlUlce
with the Contract Documents, CONTRACTOR shall be
solely responsible fc)r the melU1S, methods, techniques,
sequences /Uld procedures of constmction, but
CONTRACTOR shall not be responsible for the
negligence of others in the design or selection of a
specific melUIS, method, technique,sequence or
procedure of constt1lction which is indicated in and
rexluired by the Contract Documents. CONTRACTOR
shall be responsible to see that the finishexl Work
complies accurately with the Contract Documents,
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6,2, CONTRACTOR shall keep on the Work at all
times during its progress a competent residl:mt
superintendent, who shall not be replacexl without written
notice to OWNER /Uld ENGINEER except under
extraordinary circumst/Ulces, The superintendent will
be CONTRACTOR's representative at the site and shall
have authority to act on behalf of CONTRACTOR. All
conulIunications given to the superintendent shall be as
binding as if given to CONTRACTOR.
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Labor, Materials and Equipment:
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6,3. CONTRACTOR shall provide competent,
suitably qualified personnel to survey lUld layout the
Work lUId perfonu constmction as required by the
Contract Documents. CONTRACTOR shall at all times
maintain good discipline and order at the site. Except
in cOlUlection with the safety or protection of persons or
the Work or property at the site or adjacent thereto, and
except as otherwise indicated 111 the Contract
Documents, all Work at the site shall be performed
during re&'lilar working hours, IUld CONTRACTOR will
not penuit overtime work or the performance of Work
on Saturday, Sunday or any legal holiday without
OWNER's written consent given after prior written
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notice to ENGINEER.
6.4. Unless otherwise specifiexl in the General
Requirements, CONTRACTOR shall furnish and
assume full responsibility for all materials, equipment,
labor, tnUlsportation, constmction equipment and
machinery, tools, applilUlces, file I , power, light, heat,
telephone, water, sanitary facilities, temporary facilities
IUld all other facilities and incidentals necessary for the
filrnishing, perfoml/Ulce, testing, start-up and
completion of the Work.
6,5. All materials /Uld equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents. If requirexl by ENGINEER,
CONTRACTOR shall filrnish satisfactory evidence
(including repot1s of required tests) as to the kind /Uld
quality of materials lUld equipment. All materials and
equipment shall be applied, installed, cOlmected,
erectexl, usexl, cleaned /Uld conditionexl in accordance
with the instmctions of the applicable Supplier except as
otherwise provided in the Contract Documents; but no
provision of 1U1Y such instmctions will be effective to
assign to ENGINEER, or any of ENGINEER's
consult:U1ts, agents or employees, any duty or authority
to supervise or direct the filmishing or perfonnance of
the Work or lU1Y duty or authority to undertake
responsibility contrary to the provisions of paragraph
9.150r9,16.
Adjusting Progress Schedule: '
6.6. CONTRACTOR shall submit to ENGINEER for
acceptmlce (to the extent indicated in paragraph 2.9)
adjustments in the progress schedule to reflect the
impact thereon of new developments; these will conform
generally to the progress schedule then in effect and
additionally will comply with lUly provisions of the
General Requirements applicable thereto.
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are
specified or describexl in the Contract
Documents by using the name of a proprietary
item or the nlUue of a particular Supplier the
nmning of the item is intendexl to establish the
type, function lUld quality required. Unless the
name is followed by words indicating that no
substihltion is pemtitted, materials or
equipment of other Suppliers may be accepted
by ENGINEER if sufficient infonnation is
submitted by CONTRACTOR to allow
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ENGINEER to detemiine 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 substihlte items of material
and equipment will not be accepted
by ENGINEER from IUlyone other
tlUUl CONTRACTOR. If
CONTRACTOR wishes to furnish or
use a substihlte item of material or
equipment, CONTRACTOR shall
make written application to
ENGINEER for acceptlUlce thereof,
certifying that the proposed substitute
will pertcmll adequately the functions
lUld achieve the results called for by
the general design, be similar lUld of
equal substlUlce to that specitied and
be suited to the SlUlle use as that
specitied. The application will state
that the evaluation lUld acceptance of
the proposed substitute will not
prejudice CONTRACTOR's
achievement of Substantial
Completion on time, whether or not
acceptlUlce of the substitute for use in
the Work will require a chlUlge in
lU1Y of the Contract Documents (or in
the provisions of lU1Y other direct
contract with OWNER for work on
the Project) to adapt the design to the
proposed substitute lUld whether or
not incorporation or use of the
substihlte in connection with the
Work is subject to payment of lU1Y
license fee or royalty. All variations
of the proposed substitute from that
specitied will be identitied in the
application lUld available
mluntenance, repair lUld replacement
service will be indicated. The
application will also contain an
itemized estimate of all costs that will
result directly or indirectly from
acceptance of such substitute,
including costs of redesign and
claims of other contractors affected
by the resulting change, all of which
shall be considered by ENGINEER
in evaluating the proposed substitute,
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ENGINEER may reqUIre
CONTRACTOR to furnish at
CONTRACTOR's expense additional
data about the proposed substihlte.
6,7.2, If a specitic means, method,
technique, sequence or procedure of
constmction is indicated in or required by the
Contract Documents,CONTRACTOR may
furnish or utilize a substihlte means, method,
sequence, teclUl.ique or procedure of
constmction acceptable to' ENGINEER, if
CONTRACTOR submits sufficient information
to allow ENGINEER to detennme that the
substihlte proposed is equivalent to that
indicated or required by the Contract
Documents, The procedure for review by
ENGINEER will be similar to that provided in
paragraph 6.7. I as applied by ENGINEER and
as may be supplemented in the General
Requirements.
6,7.3. ENGINEER will be allowed a
reasonable time within which to evaluate each
proposed substihlle. ENGINEER will be the
sole judge of acceptability, and no substihlte
will be ordered, installed or utilized without
ENGINEER's prior written acceptance which
will be evidenced by either a Change Order or
an approved Shop Drawing. OWNER may
require CONTRACTOR to furnish at
CONTRACTOR's expense a special
perfonlllUlce guarlUltee or other surety with
respect to any substitute, ENGINEER will
record time required by ENGINEER and
ENGINEER's consultants in evaluating
substitutions proposed by CONTRACTOR and
in making chlUlges in the Contract Documents
occasioned thereby. Whether or not
ENGINEER accepts a proposed substihlte,
CONTRACTOR shall reimburse OWNER for
the charges of EN G IN EER and ENGINEER's
consultlUlts for evaluating each proposed
substitute,
Concerning Subcontractors, Suppliers and Others:
6.8,1. CONTRACTOR shall not employ any
subcontractor, Supplier or other person or
orglUuzation (including those acceptable to
OWNER and ENGINEER as indicated in
paragraph 6.8,2), whether initially or as a
substitute, against whom OWNER or
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ENGINEER may have reasonahltl
objection. CONTRACTOR shall not
be required to tllllploy any
Subcontractor, Supplitlr or otlltlr
person or organization to furnish or
perfonn any of the Work against
whom CONTRACTOR has
reasonable objection.
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6.8.2. If the Supplementary Conditions
require the identity of certain Subcontractors,
Suppliers or other persons or organizations
(including those who are to furnish thtl
principal items of materials and elluipment) to
be submitted to OWNER in adVlU1Ctl of thtl
specified date prior to thtl Effective Date of thtl
Agreement of acctlptance by OWNER and
ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the
Supplementary Conditions, OWNER's or
ENGINEER's acceptlUlce (tlither in writing or
by falling to make written objection thereto by
the date indicated for acceptllllce or objection
in the bidding documents or the Contract
Documents) of lU1Y such Subcontractor,
Supplier or other person or organization so
identitied may btl revoked on the basis of
reasonable objt::Ction after due invt:stigation, in
which case CONTRACTOR shall suhmit an
acceptable substitute, the Contract Prictl will
be increas8{J by the difft:rence in the cost
occasion8{1 by such substitution and an
appropriate ChlUlge Order will be issu8{1 or
Written Amendment signed. No aCCtlptlUlCt: by
OWNER or ENGINEER of any such
Subcontractor, Supplier or other person or
organization shall constitute a waiver of any
right of OWNER or ENGINEER to reject
defective Work,
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6.9, CONTRACTOR, shall be fully responsible to
OWNER 1Il1d ENGINEER for all acts and omissions of
the Subcontractors, Suppliers 1Il1d other persons and
orgllllizations performing or furnishing any of the Work
under a direct or indirect contract with CONTRACTOR
just as CONTRACTOR is responsible for
CONTRACTOR's own acts lUlll omissions, Nothing in
the Contract Documents shall create 1Il1Y contractual
relationship between OWNER or ENGINEER IUld any
such Subcontractor, Supplier or other pt:rson or
organization, nor shall it create 1Il1Y obligation on the
part of OWNER or ENGINEER to payor to see to the
payment of any moneys due any such Subcontractor,
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Supplier or other person or organization except as may
otherwise btl requirt:l{1 by Laws and Regulations.
6.10. The divisions and stlctions of the Specifications
and identitications of 1Il1Y Drawings shall not control
CONTRACTOR in dividing the Work lIlnong
Subcontractors or Suppliers or delineating the Work to
be perfonll8{( by 1Il1Y specitic trade.
6.11, All Work perfonn8{( for CONTRACTOR by a
Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the
Subcontmctor which specifically binds the Subcontractor
to the applicable tenns IUld conditions of the Contract
Documents tor the benefit of OWNER and ENGINEER
IUld contains waiver provisions as requir8{1 by paragraph
5.11, CONTRACTOR shall pay each Subcontractor a
just share of any insurllllce moneys received by
CONTRACTOR on account of losses under policies
issu8{1 pursullllt to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and
royalt ies lUld assume all costs incident to the use in the
perfOnlllU1Ct: of the Work or the incorporation in the
Work of any invention, design, process, product or
devict: which is the subject of patent rights or copyrights
held by others. If a particular invention, design,
process, product or device is specitied in the Contract
Documents for use in the perfonnance of the Work and
if to the actual knowledge of OWNER or ENGINEER
its use is subjt:ct to patent rights or copyrights calling
for the payment of lU1Y license fee or royalty to others,
the existence of such rights shall be disclos8{[ by
OWNER in the Contract Documents. CONTRACTOR
shall indemnify and hold hamlless OWNER and
ENGINEER lIlKllIllyone directly or indirectly emploY8{1
by either of tht:1Il from and against all claims, dlllnages,
!osst:s 1Il1d expenses (including attorneys' fees and court
1Il1d arbitmtion costs) arising out of any infringement of
patent rights or copyrights incident to the use in the
perfonnance of the Work or resulting from the
incorporation in the Work of 1Il1Y invention, design,
process, pnxluct or device not specified in the Contract
Doculllt:nts, 1Il1d shall defend all such claims in
connection with 1Il1Y alleged infringement of such rights.
Permits:
6.13. Unless otht:rwist: provid8{1 in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
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cOI1~tmctiun IJennits and licenses, OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
pennits and licenses. CONTRACTOR shall pay all
governmental charges which are applicable at the time
of olJening Bids, or if there are no Bids on the Effedive
Date of the Agreement. CONTRACTOR shall pay all
charges of utility owners for connections to the Work,
and OWNER shall pay all charges of such utility owners
for capital costs related thereto such as plant investment
fees.
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Laws and Regulations:
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6.14.1. CONTRACTOR shall give allnutices
and comply with all Laws and Regulations
applicable to furnishing and performance of
the Work. Except where otherwise expressly
. required by applicable Laws lU1d Regulations,
neither OWNER nor ENGINEER shall be
responsible for monitoring CONTRACTOR's
complilUlce with any Laws or Regulations
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6,14,2, If CONTRACTOR observes that
Specitications or Drawings are at variance
with any Laws or Regulations,
CONTRACTOR shall give ENGINEER
prompt written notice thereof, and any
necessary clumges will be lluthorized by one of
the methods indicated in paragraph 3.4. If
CONTRACTOR IJert'orllls any Work knowing
or Imving 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 primary
responsibility to make certain that the
Specifications and Drawings are in accordance
with such Laws lUKI Regulations.
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Taxes:
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6.15. CONTRACTOR shall pay all sales,
consumer,lIse lUld other similar taxes required to be paid
by CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work,
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Use of Premises:
6.16. CONTRACTOR shall contine constmclion
equipment, the storage of materials lUld equipment and
the operations of workers to the Project site and land
and areas identitied in and permitted by the Contrad
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Documents lUld other land lUld areas pennitted by Laws
1U1d Regulations, right-so-way, pennits and easements,
1U1d shall not unreasonably encumber the premises with
constmction equipment or other materials or equipment.
CONTRACTOR shalllL~slUne filII responsibility for any
damage to lU1Y such land or area, or to the owner or
occupant thereof or of lU1Y land or areas contiguous
thereto, resulting from the performlUlce of the Work.
Should lU1Y claim be made against OWNER or
ENGfNEER by IulY such owner or occupant because of
the perfonlllUlce of the Work, CONTRACTOR shall
promptly attempt to settle with such other part by
agreement or otherwise resolve the claim by arbitration
or at law. CONTRACTOR shall, to the filllest extent
IJennitted by Laws lUld Regulations, indemnify and hold
OWNER IUld ENGfNEER hannless from and against all
claims, dlUnages, losses lUld expense (including, but not
limited to, fees of engineers, architects, attorneys and
other professionals and court and arbitration costs)
arising dinxtly, indirectly or consequentially out of any
action, legal or equitable, brought by any such other
party against OWNER or ENGINEER to the extent
based on a claim arising out of CONTRACTOR's
perfonnlUlce of the Work.
6.17. During the progress of the Work,
CONTRACTOR shall keep the premises free from
accumulations of waste materials, mbbish and other
debris resulting from the Work. At the completion of
the Work CONTRACTOR shall remove all waste
mllterials, mbbish lUld debris froril and about the
premises as well as all tools, appliances, constmction
equipment lUld machinery, and surplus materials, and
shall leave the site clean and ready for occupancy by
OWNER. CONTRACTOR shall restore to original
condition all property not designated for alteration by
the Contract Documents,
6.18. CONTRACTOR shall not load nor pennit any
part of lU1Y stmcture to. be loaded in any manner that
will elldlUlger the stmcture, nor shall CONTRACTOR
subject lU1Y part of the Work or adjacent property to
stresses or pressures that will endanger it.
Record DOClllllents:
6.19. CONTRACTOR shall maintain in a safe place
at the site one record copy of all Drawings,
Specitications, Addemla, Written Amendments, Change
Orders, Work Directive Chlmges, Field Orders and
written interpretations lUxl clarifications (issued pursuant
to pllnlgmph 9.4) in good order and annotated to show
all changes made during constmction. These record
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documents together with all approved slUllples and a
counterpart of all approved Shop Drawings will b~
available to ENGINEER for reft:nmce. Upon
completion of the Work, these record documents,
samples lUld Shop Drawings will be delivered to
ENGINEER for OWNER.
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Safety and Protection:
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6.20. CONTRACTOR shall be responsible for
i.1l1tmtmg, maintaining lUxl supervising all safety
precautions lUxl programs in connection with the Work,
CONTRACTOR shall take all necessary precautions for
the safety of, and shall provide the necessary protection
to prevent dlUllage, injury or loss to:
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6.20.1. all employees on the Work and other
persons lUld organizations who may be affected
therehy;
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6.20.2. all the Work lUld materials lmd
equipment to be incorporated therein, whether
in storage on or off the site; and
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6.20.3. other property at the site or adjacent
thereto, including trees, shmbs, lawns, walks,
pavements, roadways, stmctures, utilities and
Underground Facilities not designated for
removal, relocation or replacement in the
course of constmction,
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CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction
for the safety of p~rsons 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 Fm.:ilities and
utility owners when prosecution of the Work may affect
them, and shall cooperate with them in the protection,
removal, relocation and replacement of their property.
All damage, injury or loss to any property referred to in
paragraph 6.20,2 or 6,20.3 caused, directly or
indirectly,in whole or in pal1, by CONTRACTOR,any
Subcontractor, Supplier or fmy other person or
organization directly or indirectly employed by lUlY of
them to perform or furnish lU1Y of the Work or lUlyone
for whose acts lU1Y of them may be liable, shall be
remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or
to the acts or omissions of OWNER or ENGINEER or
IUlyone employed by either of them or anyone for whose
acts either of them may he liahle, and not attrihutahle,
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directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR). CONTRACTOR's
duties lmd responsibilities for the safety and protection
of the Work shall continue until such time as all the
Work is completed lUld ENGINEER has issued a notice
to OWNER lUld CONTRACTOR in accordance with
paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substlmtial Completion).
6.21. CONTRACTOR shall designate a responsible
representative at the site whose duty shall be the
prevention of accidents. Tlus person shall be
CONTRACTOR's superintendent unless otherwise
designated in writing by CONTRACTOR or OWNER,
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
instmction or authorization from ENGINEER or
OWNER, is obligated to act to prevent threatened
damage, injury or loss. CONTRACTOR shall give
ENGrNEER prompt written notice if CONTRACTOR
believes that lU1Y SiglUficlUlt changes in the Work or
variations from the Contract Documents have been
caused thereby, If ENGINEER detenllines that a
change in the Contract Documents is required because
of the action taken in response to lU1Y emergency, a
Work Directive Change or Chfmge Order will be issued
to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking lUld verifying all field
measurements lUld after complying with applicable
procedures specified in the General Requirements,
CONTRACTOR shall submit to ENGINEER for review
lUld approval in accorc\lUlce with the accepted schedule
of Shop Drawing submissions (see paragraph 2.9), or
for other appropriate action if so indicated in the
Supplementary conditions, five copies (unless otherwise
specified in the General Requirements) of all Shop
drawings, which will bear a stlUllp or specific written
indication that CONTRACTOR has satisfied
CONTRACTOR's responsibilities under the Contract
Documents with respect to the review of the submission.
All submissions will be identified as ENGINEER may
require, The (lata shown on the Shop Drawings will be
complete with respect to qUlUltities, dimensions,
specified pertOl11l1UlCe lUld design criteria, materials and
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similar data to enable ENGINEER to revIew the
infonnation as required,
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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 Documents. All samples will
have been checked by IUld accompanied by a specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's responsibilities under the Contract
Documents with respect to the review of the submission
and will be identified clearly as to material, Suppler,
pertinent data such as catalog numbers and the use for
which intended,
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6.25.1. Before submission of each Shop
Drawing or sample CONTRACTOR shall
have determined and verified all quantities,
dimensions, specified perfonnance criteria,
installation requirements, materials, catalog
numbers IUld similar data with respect thereto
ami reviewed or coordinated each Shop
Drawing or sample with other. Shop Drawings
and slUnples and with the requirements of the
Work and the Contract Documents,
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6.25.2. At the time of each submission,
CONTRACTOR shall give ENGINEER
specific written notice of each variation that
the Shop Dmwings or samples may have from
the requirements of the Contract Documents,
IUld, in addition, shall cause a specific notation
to be made on each Shop Drawing submitted
to Engineer for review ,Uld approval of each
such variation.
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6.26, ENGINEER will review and approve with
reasonable promptness Shop drawings and samples, but
Engineer's review and approval will be only for
confcmnance with the design concept of the Project and
for compliance with the information given in the
Contract Documents and shall not extend to
means,methexls, techniques, sequences or procedures of
constmction (except where a specific means, method,
technique, sequence or procedure of constl1lction is
indicated in or require<1 by the Contract Documetlts) or
to safety precautions or programs incident thereto, The
review IUld approval of a separate item as such will not
indicate approval of the assembly in which the item
functions. CONTRACTOR shall make corrections
required by ENGINEER, IUld shall retum the require<1
number of corrected copies of Shop Drawings and
submit as require<1 new samples for review and
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approval. CONTRACTOR shall direct specific
attention in writing to revisions other than the
corrections calle<1 for by ENGINEER on previous
submittals,
6,27. ENGINEER's review and approval of Shop
drawings or slUnples shall not relieve CONTRACTOR
from responsibility for any variation from the
requirements of the Contract documents unless
CONTRACTOR has in writing called ENGINEER's
attention to eRch such variation at the time of submission
as require<l by paragraph 6.25.2 and ENGINEER has
given written approval of each such variation by a
specific written notation thereof incorporated in or
accompanying the Shop drawing or slUnple approval;
nor will any approval by ENGINEER relieve
CONTRACTOR from responsibility for errors or
omissions in the Shop Drawings or from responsibility
for having complie<1 with the provisions of paragraph
6,25,1 '
6.28. Where a Shop Dmwing or sample is require<1 by
the Specifications and related Work perfonned prior to
ENGINEER's review ami approval of the pertinent
submission will be the sole expense and responsibility of
CONTRACTOR.
Continuing the Work:
6.29, CONTRACTOR shall carry on the Work and
adhere to the progress sche<lule during all disputes or
disagreements with OWNER. No Work shall be
delayed or lX)stjxmed pending resolution of 1U1Y disputes
or disagreements, except iLS pennitted by paragraph 15.5
or as CONTRACTOR IUld OWNER may otherwise
agree in writing,
Inde /1/lliflcation:
6.30. To the tidiest extent pennitted by Laws and
Regulations CONTRACTOR shall indemnify and hold
harmless OWNER and ENGINEER and their
consultants, agents and employees from and against all
claims, damages, losses IUxl expem;es, direct, indirect or
consequential (including but not limite<1 to fees and
charges of engineers, architects, attomeys and other
professionals iUld court and arbitration costs) arising out
of or resulting from the perfonnance of the Work,
provided that any such cIaim,dlUnage, loss or expense
(as) is attributable to bodily injury, sickness, disease or
deRth, or to u~ury to or destmction of tangible property
(other than the Work itself including the loss of use
resulting therefrom and (b) is caused in whole or in part
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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 lU1Y of the Work or anyone for whose acts IUlY
of them may be liable, regardless of whether or not it is
caused in art by a party indemnified hereunder or arises
by or is imposed by Law lUld Regulations regardless of
the negligence of lU1Y such party.
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6,31. In any lUld all claims against OWNER or
ENGINEER or any of their consultlults, agents or
employees by lU1Y employee of CONTRACTOR, any
subcontractor, lU1Y person or orglUlization directly or
indirectly employ~1 by lU1Y of them to perfonll or
furnish lU1Y of the Work or anyone for whose acts any
of them may be liable, the indemnitication obligation
under panlgraph 6.30 shall not be lilllit~1 in any way by
any limitation on the lUllount or type of damages,
compensation or benetits payable by, or for
CONTRACTOR or any such Subcontractor other
person or orglUlization under workers' or workmen's
compensation acts, disability benetit acts or other
employee benetit acts.
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6.32. The obligations of CONTRACTOR under
paragraph 6.30 shall not exttmd 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 specitications.
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ARTICLE 7 - OTHER WORK
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ReLated Work at Site:
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7,1. OWNER may perform other work related to the
Project at the site by O\VNER'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 not~1 in the Contract
Documents, written notice thereof will be given to
CONTRACTOR prior to starting any such other work;
lUld, if CONTRACTOR believes that such pertilflllance
will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to
agree as to the extent thereof, CONTRACTOR shall
make a claim therefor as provided in Articles 11 and 12.
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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
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additional work with OWNER's employees) proper and
safe access to the site lUld a reasonable opportunity for
the intnxluction lUld storage of materials and equipment
lUld the execution of such work, and shall properly
connect lUld coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching
of the Work that may be requir~l to make its several
parts come together properly lUld integrate with such
other work. CONTRACTOR shall not endanger any
work of others by cutting, excavating or otherwise
altering their work lUld will only cut or alter their work
with the written consent of ENGINEER and the others
whose work will be affect~1. The duties and
responsibilities of CONTRACTOR under tillS
pamgraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
provisions for the benetit of CONTRACTOR in said
direct contracts between OWNER and such utility
owners lUld other contractors.
7,3, If any part of CONTRACTOR's Work depends
for proper execution or results upon the work of any
such (jther contractor or utility owner (or OWNER),
CONTRACTOR shall inspect and promptly report to
ENGINEER in writing it unavailable or unsuitable for
such property execution and results.
CONTRACTOR's tililure so to report will constitute an
acceptance of the other work as tit and proper for
integration with CONTRACTOR's Work except for
latent or nonapparent defects and deticiencies in the
other work.
Coordination:
7.4, If OWNER contracts with others for the
pertonmUlce of other work on the Project at the site,the
person or organization who will have authority and
responsibility for coordination of the activities lUllong
the various prime contractors will be identifi~l in the
Supplementary Conditions, lUlcl the specific matters to
be covered by such authority and responsibility will be
itemized, and the extent of such authority and
responsibilities will be provided, in the Supplementary
Conditions. Unless otherwise provid~l in the
Supplementary Conditions, neither OWNER nor
ENGINEER shall have any authority or responsibility in
respect of such coordination,
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.1. OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
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8,2. In case of tenllination of the employment of
ENGINEER, OWNER shall aplxJint aJl engineer against
whom CONTRACTOR makes no reasonable objection,
whose status under the Contract Documents shall be that
of the fonner ENGINEER, Any dispute in connection
with such appointment shall be subject to arbitration.
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8.3. OWNER shall fumish the data require{1 of
OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly after
they are due IL~ provid~l in paragraphs 14.4, aJld 14.13.
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8.4. OWNER's duties in respect of providing laJlds
and easements and providing engineering surveys to
establish reference IXJints are set forth in paragraphs 4,1
and 4.4. Paragraph 4.2 refers to OWNER's identifying
and making available to CONTRACTOR copies of
reports of explorations and tests of subsurface
conditions at the site aJ1(1 in existing stmctures which
have been utilized by ENGINEER in preparing the
drawings and Specifications.
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8.5, OWNER's responsibilities 111 respect of
purchasing aJld maintaining liability and property
insurance are set forth in paragraphs 5.5, through 5.8,
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8.6. OWNER is obligate{\to execute Change Orders
as indicate{1 in paragraph 10.4
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8.7, OWNER's responsibility in respect of certain
impectiol1~, tests IUld approvals is set forth in paragraph
13.4,
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8,8, In conntX:tion with OWNER's right to stop Work
or suspend Work, see paragraphs 13.10 and 15.1,
Paragraph 15,2 deals with OWNER's right to tenuinate
services of CONTRACTOR under certain
circumstlUlces.
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ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTR lJCTI ON
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Owner's Representative:
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9, I. ENGINEER will be OWNER's representative
during the constmction period, The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
constmction are set forth in the Contract Documents and
shall not be exten<\e{\ without written consent of
OWNER and ENGINEER,
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VISITS to SITE:
9,2. ENGINEER will make visits to the site at
intervals appropriate to the various stages of
constmction to observe the progress and quality of the
execute{1 Work and to detennine, in general, if the
Work is procee{ling in accordance with the Contract
Documents. ENGINEER will not be required to make
exhaustive or continuous on-site inspections to check the
quality or qUlUltity of the Work. ENGINEER's efforts
will be directed toward providing for OWNER a greater
degree of confidence that the completed Work will
conform to the Contract Documents. On the basis of
such visits IUld on-site observations as an experienced
lU1d qualified design professional, ENGINEER will keep
OWNER infonned of the progress of the Work and will
endeavor to b'1lllrd OWNER against defects and
deficiencies in the Work.
Project Representation:
9,3. If OWNER aJ1(\ ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the perfonnance of the Work.
The duties, responsibilities and limitations of authority
of any such Resident Project Representative and
assistants will be as provided in the Supplementary
Conditions, If OWNER designates another agent to
represent OWNER at the site who is not ENGINEER's
agent or employee, the duties, responsibilities and
limitations of authority of such other person will be as
provided in the Supplementary Conditions.
CLarifications and Interpretations:
9.4. ENGINEER will issue with reasonable
promptness such written clarifications or interpretations
of the requirements of the Contract Documents (in the
form of Drawings or otherwise) as ENGINEER may
detennine necessary, which shall be consistent with or
reasonably inferable from the overall intent of the
Contmct Documents. If CONTRACTOR believes that
a written clarification or interpretation justifies an
increastl in the Contract Price or an extension of the
Contract Time IUld the parties are unable to agree to the
IUnount or extent thereof, CONTRACTOR may make a
claim therefor as provide{1 in Article 11 or Article 12.
Authorized Variations in Work:
9.5, ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
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Contract Price or the Contract Time iUld are consistent
with the overall intent of the Contract Documents,
These may be accomplished by a Field Order and will
be binding on OWNER, iUld 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 iUl extension of the
Contmct Time iUld the parties are unable to agree as to
the amount or extent thereof, CONTRACTOR may
make a claim therefor as provided in Article 11 or 12,
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Rejecting Defective Work:
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9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective,
and will also have authority to require special inspection
or testing of the Work as provided in paragraph 13,9,
whether or not the Work is fabricated, installed or
completed,
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Shop Drawings, Change Orders and Payments:
9,7. In connection with ENGINEER's responsibility
for Shop Drawings and samples, see paragraphs 6,23
through 6.28 inclusive.
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9.8. In cOlUlection with ENGINEER's responsihilities
as to Change Orders, see Articles 10, II iUld 12.
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9.9, In connection with ENGINEER's responsihilities
in respect of Applications for Payment, etc., see Article
14,
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Determinations for Unit Prices:
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9,10. ENGINEER will determine the actual
quantities and classitications of Unit Price Work
perfonned by CONTRACTOR. ENGINEER will
review with CONTRACTOR ENGINEER's preliminary
detennilllitions on such matters before rendering 11
written decision thereon (by recommendation of iUl
Application for Payment or otherwise). ENGINEER's
written decisions thereon will be tinal and hinding upon
OWNER or CONTRACTOR delivers to the other pal1y
to the Agreement and to ENGINEER written notice of
intention to appeal from such a decision.
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Decisions on Disputes:
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9.11. ENGINEER will he the initial interpreter of the
requirements of the Contract Documents <md judge of
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the acceptability of the Work thereunder. Claims,
disputes and other matters relating to the acceptability of
the Work or the interpretation of the requirements of the
Contmct Documents pertaining to the performance and
fimushing of the Work and claims under Articles 11 and
12 in respect of changes in the Contract Price or
Contract Time will be referred initially to ENGINEER
in writing with a request for a fonnal decision in
accordance with tIus paragraph, wluch ENGINEER will
render in writing within a reasonable time. Written
notice of each such, dispute and other matter will be
delivered by the claimant to ENGINEER and the other
party to the Agreement promptly (but in no event later
than thirty days) after the occurrence of the events
giving rise thereto, and written supporting data will be
submitted to ENGINEER and the other party within
sixty days after such occurrence unless ENGINEER
allows iUl additional period of time to ascertain more
accurate data in support of the claim.
9.12. When filllctioning as interpreter and judge under
paragraphs 9,\0 iUld 9,11, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not
be liable in connection with any interpretation or
decision rendered in good faith in such capacity, The
rendering of a decision by ENGINEER pursuant to
paragraphs 9,10 and 9.11 with respect to any such
claim, dispute or other matter (except any which have
been waived by the making or acceptance of fmal
payment as provided in paragraph 14.16) will be a
condition precedent to any exercise by OWNER or
CONTRACTOR of such rights or remedies as either
may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any such claim,
dispute or other matter.
Limitations on Engineer's Responsibilities:
9,13, Neither ENGINEER's authority to act under
this Article 9 or elsewhere in the Contract Documents
nor any decision made by ENGINEER in good faith
either to exercise or not exercise such authority shall
give rise to Imy duty or responsibility of ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier, or
any other person or organization perfonning iU1Y of the
Work, or to any surety for any of them.
9.14. Whenever in the Contract Documents the terms
"as ordered", "as directed", "as required", "as
allowed", "as approved" , or tenns of the like effect or
import are used, or the adjectives "reasonable",
"suitable", "acceptable". "proper" or "satisfactory" or
adjectives of like effect or import are used to describe a
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requirement, direction, review or judgt::ment of
ENGINEER as to the Work, it is intendt:{f that such
requirement, dirt::ction, review or judgement will be
solely to evaluate tht:: Work for compliance with the
Contract Documents (unless there is a spt::citic statt::mt::nt
indicating otht::rwise). The use of any such tenll or
adjective shall not bt:: effective to assign to ENGINEER
any duty or authority to supervise or direct tht::
furnishing or performance or the Work or Imy duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9,16.
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9.15. ENGINEER will not be responsible for
CONTRACTOR's means, methods, techniques,
sequences or procedures of constntction, or the safety
precautions iUld prognulls incident thereto, and
ENGINEER will not be responsible for
CONTRACTOR's failure to perfonll or tilrnish the
Work in accordiUlce with the Contract Documents,
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9,16, ENGINEER will not b<:: r<::sponsiblt:: for the acts
or omISSIons of CONTRACTOR or of any
Subcontractor, any Supplier, or of any otht::r person or
orglmization peri'orming or tilf11ishing Imy of th<:: Work.
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ARTICLE 10 - CHANGES IN THE WORK
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10.1. Without invalidating the Agreemt::nt and
without notice to iU1Y surety, OWNER may, at any time
or from time to time, order additions, d<::letions or
revisions in the Work; these will b<:: authorizt:{l by a
Written Amendment, a Change Orcler, or a Work
Directive change. Upon receipt of any such clocumt::nt,
CONTRACTOR shall promptly proceed with tht:: Work
involved which will be perfonned uncler the applicablt::
conditions of the Contract Documents (except as
otherwise specitically proviclt::d),
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\0,2, If OWNER and CONTRACTOR are unablt:: to
agree as to the extent, if any, of an incrt::ase or clecreast::
in the Contract Prict:: or iUl extt::nsion or shortening of
the Contract Time that should bt:: allowed as a result of
a Work Directive Changt::, a claim 'may b<:: madt::
therefor as provided in Articlt:: II or Article 12,
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10.3, CONTRACTOR shall not be entit!t:{1 to an
increase in the Contract Price or an extt::nsion of the
Contract Time with respect to any Work performed that
is not requirt:{j by the Contract Documt::nts as amt:mdt::d,
moditit:{1 ancl supplemented as providt:{1 in paragraphs
3.4 and 3,5, except in the case of an emergency as
provided in paragraph 6,22 and except in the case of
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uncovering Work as provided in paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders (or Written Amendments)
covenng:
10.4.1. changes in the Work which are
ordered by OWNER pursuant to paragraph
10. I, are required because of acceptance of
defective Work under paragraph 13.13 or
correcting defective Work under paragraph
13. 14, or as agreed to by the parties.
10.4.2. clliUlges in the Contract Price or
Contract Time which are agreed to by the
parties; and
10.4,3. chiUlges in the Contract Price or
Contmct Time which embody the substance of
iU1Y written decision rendered by ENGINEER
pursuant to paragraph 9,11;
provided that, in lieu of executing any such Chilllge
Order, an appeal may be taken from any such decision
in accordance with the provisions of the Contract
Documents and applicable Laws illld Re&'ll!ations, but
during Imy such appeal, CONTRACTOR shall carry on
the Work and adhere to the progress schedule as
provided in paragraph 6.29,
10.5. If notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documt::nts (including, but not limited to, Contract Price
or Contract Time) is required by the provisions of any
Bond to be given to a surety, the giving of any such
notice will be CONTRACTOR's responsibility,illld the
iUllount of each applicable Bond will be adjusted
accordingly.
ARTICLE 1 I - CHANGE OF CONTRACT PRICE
11 . 1 . The Contract Price constitutes the total
compensation (subject to authorized adjustments)
payable to CONTRACTOR for perfonning the Work.
All duties, reslxJIlsibilities and obligations assigned to or
undertaken by CONTRACTOR shall be at his expense
without change in the Contract Price.
11.2. The Contract Price may only be changed by a
CluUlge Order or by a Written Amendment. Any claim
for an increase or decrease in the Contract Price shall
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be blL~ed on written notil:e delivered by the party making
the claim to the other party and to ENGINEER promptly
(but in no event later than thirty days) atter the
occurrence of the event giving rise to the daim and
stating the general nature of the claim. Notice of the
lUnount 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 aCCUnlte data in support of the daim) and
shall be accomplUlied by c1ainHU1t's written statement
that the lUlIount claimed covers all known IU1lOunts
(direct, indirect IU1d l:onsequential) to whidl the daillHU1t
is entitled as a result of the occurrence of said event.
All daims for adjustment in the Contract Pril:e shall bt:
detennined by ENGINEER in accordance with
paragmph 9, I I if OWNER lUld CONTRACTOR cannot
otherwise agree on the amount involved. No claim for
an adjustment in the Contract Price will be valid if not
submitted in accordlUlce with this paragraph 11,2,
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11,3. The value of lU1Y Work covered by a ChlUlge
Order or of lU1Y claim for lUl increase or decrease in tht:
Contract Price shall be detel1l1ined in ont: of the
following ways;
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11,3,1. Wht:rt: the Work involved is l:()vered
by unit pril:es l:ontained in tht: Contract
DOl:\unents,by application of unit pril:es to the
qlllU1tities of the items involve{1 (subjt:clto the
provisions of paragraphs 11,9.1. through
11.9,3., indusive).
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11.3,2, By mutual acceptanct: of a lump sum
(which may includt: an allowance of overhead
ami protit not nt:l:t:ssarily in al:cordanct: with
paragraph 11.6.2.1).
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11.3,3, On the basis of tht: Cost of tilt: Work
(detenlline{las provided in paragraph 11.4 and
11.5) plus a CONTRACTOR's Fee t(lr
overhead lUld profit (detennined as provided in
paragraphs I I .6 and I I ,7),
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Cost of the Work:
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11.4. The tenll Cost of the Work mt:lU1S the sum of all
costs necessarily inl:urred and paid by CONTRACTOR
in the proper performance of the Work. EXl:ept as
otherwise may be agreed to in writing by OWNER,
such costs shall be in amounts no higher than thost:
prevailing in the IOl:ality of the Project, shall indude
only the following items and shall not include any of the
costs itemized in paragraph 11.5:
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11.4.1, Payroll costs for employees in the
direl:! employ of CONTRACTOR in the
pt:rformlUKe of the Work under schedules of
job c1assitications agreed upon by OWNER
lUld CONTRACTOR, Payroll costs for
employees not employed full time on the Work
shall be apportioned on the basis of their time
spent on the Work. Payroll costs shall include,
but not be limited to, salaries and wages plus
the cost of fringe benefits which shall include
social security contributions, unemployment,
excise lUld payroll taxes, workers' or
workmen's compensation, health and
retirement benefits, bonuses, sick leave,
vacation lUld holiday pay applicable thereto.
Such employees shall include superintendents
and foremen at the site, The expenses of
perfonning Work after regular working hours,
on Saturday, Sunday or legal holidays, shall be
included in the above to the extent authorized
by OWNER.
11.4,2. Cost of all materials and equipment
furnishe{1 lUld incorporated in the Work,
including costs of trlUlsportation and storage
thereof, lUld Suppliers' tield services required
in connection therewith. All cash discounts
shall accme to CONTRACTOR unless
OWNER de(XJsits funds with CONTRACTOR
with which to make payments, in which case
the cash discounts shall accme to OWNER.
All trade discounts ,rebates and refunds and all
retums from sale of surplus materials lUld
equipment shall accme to OWNER, lUld
CONTRACTOR shall make provisions so that
they may be obtaiJ1e{I.
11.4,3. Payments made by CONTRACTOR
to the Subcontractors for Work performed by
Subcontractors. If required by OWNER,
CONTRACTOR shall obtain competitive bids
fro 111 Subcontractors acceptable to
CONTRACTOR and shilll deliver such bids to
OWNER who will then detennine, with the
advice of ENGINEER, which bids will be
accepted. If a subcontract provides that the
Subcontmctor 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
SlUlle 1l1lU1I1er a~ CONTRACTOR's Cost of the
Work. All subcontracts shall be subject to the
other provisions of the Contract Documents
insofar as applicable.
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11.4.4. Costs of special consultants
(including but not limited to engmeers,
architects ,testing laboratories, surveyors,
attorneys and accountmlts) employed for
services specifically related to the Work.
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11.4,5. Supplemental costs including the
following:
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11.4.5,1. The proportion of necessary
translxJrtation, tmvel and subsistence expenses
of CONTRACTOR's employees incurred in
discharge of duties connected with the Work,
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11.4.5.2. Cost, including transportation
and maintenmlce, of all materials, supplies,
equipment, machinery, appliances, oftice and
temporary facilities at the site and hand tools
not owned by the workers, which are
consumed in the pertonnance of the Work, and
cost less market value of such items used but
not consumed which remain the property of
CONTRACTOR,
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11.4,5.3, Rentals of all constl1lction
equipment mld machinery and the parts thereof
whether rented from CONTRACTOR or
others in accordance with the rental
agreements approved by OWNER with the
advice of ENGINEER, mld the costs of
trtUlSlxlrtation, loading, unloading, installation,
dislllmltling and removal thereof--all in
accord<UlCe with terms of said rental
agreements, The rental of any' such
equipment, machinery or parts shall cease
when the use thereof is no longer necessary for
the Work.
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ll.4.5.4, Sales, consumer, use or similar
taxes related to the Work, mld for which
CONTRACTOR is liable, imposed by Laws
and Regulations.
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11.4.5.5. Deposits lost for causes other
than negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts
mlY of them may be liable, and royalty
payments and fees for pennit mld licenses.
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11.4.5.6. Losses mld damages (mld related
expenses), not compensated by insurance or
otherwise, to the Work or otherwise sustained
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by CONTRACTOR in cOl111ection with the
perfornlance and furnishing of the Work
(except losses and damages within the
deductible mnounts of property insurance
established by OWNER in accordance with
paragraph 5.9), provided they have resulted
from causes other than the negligence of
CONTRACTOR, any Subcontractor, or
IUlyone 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 inc\ll{led in the Cost of the
Work for the purpose of detennining
CONTRACTOR's Fee. If, however, any such
loss or d<unage requires reconstl1lction and
CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a
fee proportionate to that stated in paragraph
11.6.2.
11.4,5.7, The cost of utilities, fuel and
siUlitary facilities at the site,
11.4.5.8. Minor expenses such as
telegrmns, long distance telephone calls,
telephone service at the site, expressage and
similar petty cash items in cOl111ection with the
Work.
11.4.5,9. Cost of premiums for additional
Bonds IUld insurance required because of
changes in the Work and premiums for
property insurlUlce coverage within the limits
of the deductible amounts established by
OWNER in accordance with paragraph 5.9.
11.5, The tenn Cost of the Work shall not include any
of the following:
11.5 .1. Payroll costs and other cOl~lpensation
of CONTRACTOR's officers, executives,
principals (of partnership and sole
proprietorships) ,general managers, engineers,
architects, estimators, attorneys, auditors,
accountmlts, purchasing and contracting
agents, expeditors, timekeepers, clerks and
other personnel employed by CONTRACTOR
whether at the site or in CONTRACTOR's
principal or a branch office for general
administr.uion of the Work and not specifically
included in the agreed upon schedule of job
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TESTS AND INSPECTIONS:
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE
WORK
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Warranty and Guarantee:
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13.1. CONTRACTOR warnUlts and guarantees to
OWNER lUld ENGINEER that all Work will btl in
accordance with thtl Contract Documtlnts and will not btl
defective. Prompt notice of all defects shall be given to
CONTRACTOR, All defective Work, whether or not
in place, may be rejtlcted, corrected or accepted as
provided in this Artick 13.
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Access to Work:
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13.2, ENGINEER iUld ENGfNEER's representatives,
otlltlr representatives of OWNER, testing agencies and
govenunental agencies with jurisdictional interests will
have aCCtlss to the Work at reasonabltl timtls of their
observation, inspecting and testing. CONTRACTOR
shall provide proper iUld safe conditions for such access.
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Tests and Inspections:
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13,3, CONTRACTOR shall give ENGINEER timely
notictl of readiness of the Work for all required
inspections, tests or approvals,
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13.4, If Laws or Regulations of any public body
having jurisdiction require IU1Y Work (or part thereot) to
specitically be insptlcted, testtld or approved,
CONTRACTOR shall assume tltll responsibility
therefor, pay all costs in connection therewith and
furnish ENGINEER the required certiticates of
inspection, testing or approval. CONTRACTOR shall
also be responsibltl for iUld shall pay all costs in
connection with ,my inspection or testing required in
connection with OWNER's or ENGINEER's acceptanctl
of a Supplier of materials or equipment proposed to be
incorporated in the Work, or of materials or equipment
submitted for approval prior to CONTRACTOR's
purchase thereof for incorporation in the Work. Thtl
cost of all inspections, tests iUld approvals in addition to
the above which are required by the Contract
Documents shall be paid by OWNER (unless otherwistl
specified).
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13.5. All inspections, tests or approvals othtlr than
those required by Laws or Regulations of any public
body having jurisdiction shall be performed by
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orga:nizations acceptable to OWNER lUld
CONTRACTOR (or by ENGfNEER 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 ENGINEER, be uncovered for
observation. Such uncovering shall be at
CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's
intention to cover thtl same iUld ENGINEER has not
acted with reasonable promptness in response to such
notice.
13.7, Neither observations by ENGINEER nor
inspections, tests or approvals by others shall relieve
CONTRACTOR from CONTRACTOR's obligations to
perform the Work in accordance with the Contract
Documents.
Uncol'ering Work:
13.8. If any Work is covered contrary to the written
request or" ENGINEER, it must, if requested by
ENGfNEER, be uncovered for ENGINEER's
observation iUld replaced at CONTRACTOR's expense
13,9, If ENGINEER considers it necessary or
advisable that covered Work be observ~l by
ENGINEER or inspect~1 or test~1 by others,
CONTRACTOR, at ENGfNEER's request, shall
unCOVtlr, expose or otherwise make available for
observation, inspection or testulg as ENGINEER may
require, that Ix>rtion of the Work in question, furnishing
all necessary labor, material lUld equipment. If it is
found that such Work is defective, CONTRACTOR
shall bear all direct, indirect lUld consequential costs of
such uncovering, exposure, observation, inspection lUld
testing iUld of satisfactory reconstmction, (ulcluding but
not limited to fees iUld charges of engineers, architects,
attorneys Illld other professionals), lUld OWNER shall
be entitl~l to Illl appropriate decrease in the Contract
Price, and, if the parties are unable to agree as to the
iUnount thereof, may make a claim therefor as provid~1
Ul Article I I. If, however, such Work is not found to
be defective, CONTRACTOR shall be allow~1 an
increase in the Contract Price or lUl extension of the
Contract Tune, or both, directly attributable to such
uncovering,exposure, observation, inspection, testing
and reconstl1lction; and, if the parties are unable to
agree as to the !Unount or extent thereof.
CONTRACTOR may make a c1aun therefor as provid~1
in Articles II and 12.
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Owner May Stop the Work:
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13,10. If the Work is defecrive, or CONTRACTOR
fails to supply sufticient skilled workers or suitablt:
materials or equipment, or fails to ti.lrnish or perfonn
the Work in such a way that the completed Work will
confonn to the Contract Documents, OWNER may
order CONTRACTOR to stop the Work, or !illY 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 !illY duty on the part of
OWNER to exercise this right for the benetit of
CONTRACTOR or !illY other party.
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Correction or RemovaL of Defective Work:
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13.11. If required by ENGINEER, CONTRACTOR
shall promptly, as directed, either correct all defecrive
Work, whether or not tilbricated, installed or complett:{l,
or, if the Work has been rejectt:{\ by ENGINEER,
remove it from the site and repla<.:e it with 1I00u/efecrive
Work, CONTRACTOR shall bear all dire<.:t, indired
!Illd consequential <.:osts of such correction or removal
(induding but not limitt:{l to fet:s and charges of
engineers, architects, attomeys and otht:r professionals)
made necessary thereby,
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One Year Correction Period:
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13.12, If within one yt:ar after tht: date of Substantial
Completion or such longer period of timt: as may be
prescribed by Laws or Regulations or by the terms of
any applicable spt:cial guarantee requirt:{l by the
Contract Documents or by any specitic provision of the
Contract Documents, any Work is found to be defecrive,
CONTRACTOR shall promptly, without <.:ost to
OWNER and in ac<.:ordance with OWNER's writkn
instmctions, either <.:orrect such defecrive Work, or, if
it has been rejected by O\VNER, remove it from the site
and replace it with IWlll/elecrive Work, If
CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergen<.:y wht:re
delay would cause serious risk of loss or damage,
OWNER llIay have tht: defecrive Work corrected or the
rejected Work removed and replact:{l, and all direct,
indirect lU1d consequential costs of such rt:moval and
replacement (including but not limited to fees and
charges of engineers, ar<.:hitects, attorneys lU1d other
professionals) will be paid by CONTRACTOR. In
special circulllstances where a particular item or
equipment is placed in continuous service bt:fore
Substantial Completion of all the Work, the correction
peri(xl for that item may start to nm from an earl ier date
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if so provided U1 the Specifications or by Written
Amendment.
Acceptance of Defective Work:
13. 13. If, instead of requiring correction or removal
and replacement of defective Work, OWNER (and,
prior to ENGINEER's recommendation of fU1al
payment, also ENGINEER) prefers to accept it,
OWNER may do so. CONTRACTOR shall bear all
direct, indirect llnd consequential costs attributable to
OWNER's evaluation of an detennination to accept such
defecrive Work (such costs to be approved by
ENGINEER as to reasonableness and to include but not
be limited to fees !Illd charges of engineers, architects,
attomeys !IlKl other professionals). If any such
acct:ptanct: o<.:curs prior to ENGINEER's
recommendation of final payment, a Change Order will
be issut:{1 incorporating the necessary revisions in the'
Contract Documents with respect to the Work; and
OWNER shall be entitled to !Ill appropriate decrease in
the Contract Price,and, if the parties are unable to agree
as to the amount thereof, OWNER may make a claim
therefor as provided in Article 11. If the acceptance
o<.:<.:urs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13,14. If CONTRACTOR fails within a reasonable
time attt:r written notice of ENGINEER to proceed to
correctlUld to correct defective Work or to remove and
replace rejectt:{l Work as required by ENGINEER in
accordlulce with paragraph 13.11, or if CONTRACTOR
fails to perfonn the Work in accordance with the
Contract Documents, or if CONTRACTOR fails to
comply with !illY other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. To
the extent necessary to complete corrective and remedial
action, OWNER may exclude CONTRACTOR from all
or part of the site, take possession of all or part of the
Work, and suspend CONTRACTOR's services related
thereto, take possession of CONTRACTOR's tools,
applilUlces, constmction ~luipment and machinery at the
site amI incorporate in the Work all materials and
equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees such access to
site lLS may he necessary to enable OWNER to exercise
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the rights and remedies under this paragraph. All
direct, indirect and consequential costs ot" OWNER in
exercising such rights and remedies will be charged
against CONTRACTOR in an lUnount approved as to
reasonableness by ENGINEER, and a Change Order
will be issued incoq)orating the necessary revision in
the Contract Documents with respect to the Work; and
OWNER shall be t::ntitled to an appropriate decrease in
the Contract Price, ami, if the parties are unable to
agree as to the amount thereof, OWNER may make a
claim therefor as provided in Article II. Such direct,
indirect lUld consequential costs will include but not be
limited to fees lUld charges of engineers, architects,
attorneys lU1d other protessionals, all court and
arbitration costs lU1d all costs of repair and replacen\ent
of work of others destroyed or dlUnaged by correction,
removal or replacement of CONTRACTOR's dl'jecrive
Work, CONTRACTOR shall not be allowed an
extension of the Contract Time because of lU1Y delay in
perfonnance of the Work attributable to the exercise by
OWNER of OWNER's rights lU1l1 remedies hereunder,
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ARTICLE 14 - PA YlVIENTS TO CONTRACTOR
AND COMPLETION
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Schedule of Values:
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14.1. The schedule of values established as provided
in paragraph 2,9 will serve as the basis for progress
payments lUld will be incorporated into a form of
Application for Payment acceptable to ENGINEER.
Progress payments on account of Unit Price Work will
be based on the number of units completed
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Application for Progress Payment:
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14,2. At least twenty days before each progress
payment is scheduled (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER
for review an Application for Payment tilled out and
signed by CONTRACTOR covering the Work
completed as of the date of the Application and
accompfU1ied by such supporting documentation as is
required by the Contract Documents. If payment is
requested on the basis of materials and equipment not
incoqJOrated in the Work but delivered lUld suitably
stored at the site or at lUlother location agreed to in
writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice or other
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documentation warnU1ting that OWNER has received
the mllterials fUld equipment free lU1d clear of all liens,
charges, security interests and encumbrlU1ces (which are
hereinafter in these General Conditions referred to as
"Liens ") lUld in evidence that the materials lU1d
equipment are covered by appropriate property
insuJ1Ulce and other arnUlgements to protect OWNER's
interest therein, all of which will be satisfactory to
OWNER. The lUllount of retainage with respect to
progress payments will be as stipulated in the
Agreement.
CONTRA CTOR's Warranty of Title:
14.3. CONTRACTOR warrlUlts lU1d guarantees that
title to all Work, materials, lU1d equipment covered by
fUl Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the
time of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. ENGINEER will, within ten days after receipt
of each Application for Payment, either indicate in
writing a recommendation of payment and present the
Application to OWNER, or return the Application to
CONTRACTOR indicating in writing ENGINEER's
rellson t(Jr refusing to reconunend payment. In the latter
case, CONTRACTOR may make the necessary
correcti(JI1s and resubmit the Application. Ten days after
presentation of the Application for Payment with
ENG INEER 's recommendation, the lUl10unt
recommended 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 reconullendation of lU1Y payment
requested in lUl Application for Payment will constitute
a representation by ENGINEER to OWNER, based on
ENGINEER's on-site observations of the Work in
progress as an experienced lUld qualified design
professional lUld on ENGINEER's review of the
Application of Payment lUld the accompanying data lUld
schedules that the Work has progressed to the point
indicated; that, to the best of the ENGINEER's
knowledge, information lUld belief, the quality of the
Work is in accordance with the Contract Documents
(subject to lUl evaluation of the Work as a functioning
whole prior to or upon SubstlU1tiaI Completion, to the
results of lU1Y subsequent tests called for in the Contract
Documents, to a final determination of 'l\1lU1tities lUld
c1assitications of Unit Price Work under paragraph
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9.10, and to any other qualitications stated in the
reconunendation); lU1d that CONTRACTOR is entitled
to payment of the amount recommended. However, by
recommending any such payment ENGINEER will not
thereby be deemed to have represented that exhaustive
or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond
the resrxl11sibilities specitically assigned to ENGINEER
in the Contract Documt:nts or that tht:re may not be
other matters or issues betweell the parties that might
entitle CONTRACTOR to be paid additionally by
OWNER or OWNER to withhold payment to
CONTRACTOR,
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14.6. ENGINEER's reconunendation of tinal payment
will constitute lUl additional representation by
ENGINEER to OWNER that tht: conditions precedent
to CONTRACTOR's being entitled to tinal payment as
set forth in paragraph 14,13 have bet:n fultilled
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14.7. ENGINEER may refuse to recommend the
whole or any part of lU1Y paymt:nt if, in ENGINEER's
opinion, it would be incorrect to make such
representations to OWNER, ENGINEER may also
refuse to recommend lUlY such payment, or, because of
subsequently discovere<l evidenct: or tht: results of
subsequent il1~pections or tests,nullify IU1Y such payment
previously recommende<l, to such t:xtt:nt as may be
necessary in ENGINEER's opinion to protect OWNER
from loss bt:cause:
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14.7.1. the Work is defecrive, or completed
Work has been damaged requiring correction
or replact:ment.
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14,7.2. the Contract Price has been reduced
by Written Amendment or CluU1ge Order,
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14.7,}, OWNER hll~ been required to correct
defecrive Work 'or complete Work 111
accordlUlct: with' paragraph 13.14, or
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14.7.4, of ENGINEER's actual knowle<lge of
the occurrence of lU1Y of the events enumerate<1
in paragraphs 15.2.1 through 15.2.9 inclusive.
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OWNER may renlse to make payment of the full
amount recommende<l by ENGINEER because claims
have been made against OWNER on account of
CONTRACTOR's perfornllU1ce or nlrnishing of tht:
Work or Liens have been tiled in connection with the
Work or there are other items entitling OWNER to a
set-off against the amount recommended, but OWNER
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must give CONTRACTOR illune<liate written notice
(with a copy to ENGINEER) stating the reasons for
such action.
Substantial Completion:
14,8, When CONTRACTOR considers the entire
Work ready for its intende<luse CONTRACTOR shall
notify OWNER and ENGINEER in writing that the
entire Work is substlUltiaIly complete (except for items
spt:citically liste<1 by CONTRACTOR as incomplete)
and request that ENGINEER issue a certificate of
SubsliU1tial Completion. Within a reasonable time
there<dter. OWNER, CONTRACTOR and ENGINEER
shallmakt: lUl in:~pection of the Work to determine the
status of completion. If ENGINEER does not consider
the Work substantially complete, ENGINEER will
notify CONTRACTOR in writing giving the reasons
therefor. If ENGINEER considers the Work
substantially compete, ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial
Completion which shall fix the date of Substantial
Complt:tion. There shall be attached to the certificate a
tentative list of items to be completed or corrected
before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to
make written objection to ENGINEER as to lU1Y
prov is ions of the certificate or attache<1 list. If, after
considering such objections, ENGINEER concludes that
tht: Work is not substlUltially complete, ENGINEER will
within fourteen days after submission of the tentative
certiticate to OWNER notify CONTRACTOR in
writing, stating the reasons therefor. If, after
consideration of OWNER's objections, ENGINEER
cOll~iders the Work substantially complete,ENGINEER
will within fourteen days execute and deliver to
OWNER and CONTRACTOR a defuutive certificate of
Substantial Completion (with a revise<\ tentative list of
items to be complete<l or correcte<l) reflecting such
changes from the tentative certificate as ENGINEER
belit:ves justitie<1 after consideration of any objections
from OWNER. At the time of delivery of the tentative
certiticate of SubstlU1tial Completion ENGINEER will
deliver to OWNER lUld CONTRACTOR a written
recommendation as to division of responsibilities
pending final payment between OWNER and
CONTRACTOR with respect to security, operation,
safety, maintenance, heat, utilities, insurance and
warranties, Unless -OWNER lUld CONTRACTOR
agree otherwise in writing lUld so infonn ENGINEER
prior to ENGINEER's issuing the definitive certificate
of Substantial Completion, ENGINEER's aforesaid
recommendation will be binding on OWNER and
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CONTRACTOR until tinal payment.
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14.9, OWNER shall have the. right to exclude
CONTRACTOR from Work after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
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Partial Utilization:
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14,10. Use by OWNER of any tinished part of the
Work, which has specitically been identitied in the
Contract Documents, or which OWNER, ENGINEER
and CONTRACTOR agree constitutes a separately
functioning and useable part of the Work that can be
used by OWNER without signiticlmt interference with
CONTRACTOR's performance of the remainder of the
Work, may be accolllplished prior to Substantial
COlllpletion of all the Work subject to the following:
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14,10,1. OWNER at any time may request
CONTRACTOR in writing to permit OWNER
to use any such part of the Work which
OWNER believes to be ready for its intended
use and substantially complete. If
CONTRACTOR agrees, CONTRACTOR will
certify to OWNER and ENGINEER that said
part of the WORK is substantially complete
and request ENGINEER to issue a certificate
of Substantial Completion for that part of the
Work. CONTRACTOR at any tillle may
notifY OWNER and ENGINEER in writing
that CONTRACTOR considers lU1Y such part
of the Work ready for its intended use and
substantially complete lmd request ENGINEER
to issue a certiticate of Substantial Completion
for that part of the Work, Within a reasonable
time after either such request, OWNER,
CONTRACTOR and ENGINEER shall make
an inspection of that part of the Work to
detennine its stahlS of completion. If
ENGINEER does not consider that part of the
Work to be substantially complete,
ENGINEER will notity OWNER and
CONTRACTOR in writing giving the reasons
therefor. If ENGINEER considers that part of
the Work to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will
apply with respect to cel1itication of
Subsl:mtial Completion of that part of the
Work and the division of responsibility in
respect thereof and access thereto.
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14.10,2. OWNER may at any time request
CONTRACTOR in writing to penuit 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
thereafter OWNER. CONTRACTOR and
ENGINEER shall make an inspection of that
part of the Work to detennine its stahlS 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 writing to
OWNER and ENGINEER that such part of the
Work is not ready for separate operation by
OWNER,ENGINEER will fmalize the list of
items to be completed or corrected and will
deliver such list to OWNER and
CONTRACTOR together with a written
recommendation as to the division of
responsibilities pending final payment between
OWNER and CONTRACTOR with respect to
security, operation, safety, maintenance,
utilities, insunmce, warranties and &'uarantees
for that part of the Work which will become
binding ulXJn OWNER and CONTRACTOR at
the tillle when OWNER takes over such
operation (unless they shall have otherwise
agreed in writing and so infonned
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
insunmce,
Final J Ilspection:
14,11, U,XJn written notice from CONTRACTOR that
the entire Work or an agreed portion thereof is
complete, ENGINEER will make a fmal inspection with
OWNER and CONTRACTOR and will notifY
CONTRACTOR in writing of all particulars in which
this inspection reveals that the Work is incomplete or
defective, CONTRACTOR shall immediately take such
me:L~\IreS as are necessary to remedy such deficiencies.
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Final Application for Payment:
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14.12. After CONTRACTOR has complet~1 all s\l(.:h
corrections to the satisfaction of ENGINEER and
delivered all maintel1iUlce and operating instnactions,
schedules, ,!,'1lMlUltees, Bonds, certiticates of inspection,
marked-up record documents (as provid~l, in paragraph
6.19) and other documents--all as required by Contract
Documents, lUld after ENGINEER has indicat~l that the
Work is acceptable (subject to the provisions of
paragraph 14.16), CONTRACTOR may make
application for tinal payment following the proc~lure
for progress payments. The tinal Application for
Payment shall be accomplUli~l by all documentation
called for in the Contract Documents, together with
complete anu legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or
file<.! in connection with the Work. In lieu thereof and
as approved by OWNER, CONTRACTOR may furnish
receipts or releases in tilll; an aftidavit of
CONTRACTOR that the releases and receipts include
all labor, services, material and equipment for which a
Lien could be tiled, and that all payrolls, material and
equipment bills, and other indeht~lness wnne<.:led with
the Work for which OWNER or OWNER's propel1y
might in any way bel responsible, have het:n paid or
otherwise satisti~l; and consent of the surety, if any, to
final payment. If any Suhcontractor or Supplier tilils to
filmish a release or receipt in filii, CONTRACTOR may
furnish a Bond or other collateral satistilctory to
OWNER to indemnify OWNER against any Lien,
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FinaL Payment and Acceptance:
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14.13. If, on the basis of ENGINEER's observation
of the work during constmction lUld tinal inspection, and
ENGINEER's review of the tinal Application for
Payment lU1d accompanying uocumentation-- all as
required by the Contract Documents, ENGINEER is
satisfie{1 that the Work has been cOlllplt:t~l. and
CONTRACTOR's other obligations under tht: Contract
Documents have been filltilled, ENGINEER will, within
ten days after receipt of the tinal Application for
Payment, indicate in writing ENGINEER's
recommendation of payment lUld present the Application
to OWNER for payment. Thereupon ENGINEER will
give written notice to OWNER and CONTRACTOR
that the Work is acceptahle subject to the provisions of
paragraph 14.16. Otherwise, ENGINEER will return
the Application to CONTRACTOR, indicating in
writing the reasons for refusing to recommend tinal
payment, in whidl ClLse CONTRACTOR shall make the
necessary corrections and resubmit the Application,
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Thirty days after presentation to OWNER of the
Application lUlU accompanying documentation, in
appropriate tonn lUld substance, and with ENGINEER's
recomlllendationlUld notice of acceptability, the amount
reconunended by ENGINEER will become due and will
be paid by OWNER to CONTRACTOR.
14,14. If, through no fault of CONTRACTOR, tinal
completion of the Work is significantly delaYe{1 and if
ENGINEER so continns, OWNER shall, upon receipt
of CONTRACTOR's tinal Application for Payment and
recommendation of ENGINEER, and without
terminating the Agreement, make payment of the
bahUlce due for that portion of the Work fully completed
and accept~l. If the remaining balance to be held by
OWNER for Work not fully complete{1 or correcte{1 is
less that the retainage stipulated in the Agreement, and
if Bonds have been filflush~1 as require{1 in paragraph
5, I, the written consent of the surety to the payment of
the balance due for that portion of the Work fillly
complet~1 and accepte{1 shall be subnutted by
CONTRACTOR to ENGINEER with the'Application
for such payment. Such payment shall be made under
the terms lUld conditions governing fmal payment,
except that it shall not constitute a waiver of claims.
Contractor's Continuing Obligation:
14.15. CONTRACTOR's obligation to perfonn and
complete the Work in accordlUlce with the Contract
Doculllt:nts shall be absolute. Neither reconunendation
of any progress or tinal payment by ENGINEER, nor
the issuance of a certiticate of Substantial Completion,
nor lU1Y payment by OWNER or CONTRACTOR under
the contract Documents, nor any use or occupancy of
the Work or lU1Y part thereof by OWNER, nor any act
of acceptlUlce by OWNER nor any failure to do so, nor
lU1Y review and approval of a Shop Drawing or sample
submission, nor the issuance of a notice of acceptability
by ENGINEER purSUlUlt to paragraph 14.13, nor any
correct of defective Work by OWNER will constitute an
accepllUlce of Work not in accordance with the Contract
Documents or a rele;Lse of CONTRACTOR's obligation
to perform the Work in accordlUlce with the Contract
Doculllents (except as provid~1 in paragraph 14.16).
Waiver of Claims:
14.16. The making lUld acceptance of tinal payment
will constitute:
14,16.1. a waiver of all claims by OWNER
against CONTRACTOR, except claims arising
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from unsettled Liens, from defective
Work appearing after tinal inspection
pursuant to paragraph 14,11 or from
failun: to comply with the Contract
Documents or the tenns of any
special guanUltees specitied therein;
however, it will, not constitute a
waiver by OWNER of 1U1Y rights in
respect of CONTRACTOR's
continuing obligations under the
Contract Documents; IUld
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14.16.2. a waiver of all claims by
CONTRACTOR against OWNER other than
those previously made in writing IUld still
unsettled.
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ARTICLE IS - SUSPENSION OF "YORK AND
TERMINATION
Owner May Suspend Work:
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1 5 ,I. OWNER may, at any time without cause,
suspend the Work or any portion thereof for a period of
not more than ninety days by notice in writing to
CONTRACTOR and ENGINEER whidl will tix the
emte on which Work will be resumed. CONTRACTOR
shall resume the Work on the date so tixed.
CONTRACTOR shall be allowed an increase in the
Contract Price or any extension of the Contrm;t Time,
or both, directly attributable to any suspension if
CONTRACTOR makes an approved claim thereof as
provided in Articles 11 and 12.
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OWNER May Terminate:
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15.2, Upon the occurrence of IUlY one or more of the
following events:
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15,2.1. if CONTRACTOR commences a
voluntary case under 1U1Y chapter of the
Bankmptcy Code (Title II, United States
Code), as now or hereafter in effect, or if
CONTRACTOR takes 1U1Y equivalent or
similar action by tiling a petition or otherwise
under any other federal or state law in effect at
such time relating to the bankmplcy or
insolvency:
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15.2.2. if a petItIOn IS filed against
CONTRACTOR under any chapter of the
BlUlkmptcy Code as now or hereafter in effect
at the time of tiling, or if a petition is filed
seeking 1U1Y such equivalent or similar relief
against CONTRACTOR under any other
federal or state law in effect at the time
relating to blUlkmptcy or insolvency;
15.2.3. if CONTRACTOR makes a general
assiglUllent for the benefit of creditors;
15.2.4, if a tmstee, receiver, custodian or
agent of CONTRACTOR is appointed under
applicable law or under contract, whose
appointment or authority to take charge of
property of CONTRACTOR is for the purpose
of enforcing a Lien against such property or
for the purpose of general administration of
such property for the benefit of
CONTRACTOR's creditors;
15,2,5, if CONTRACTOR admits in writing
IUl inability to pay its debts generally as they
become due;
15.2,6. if CONTRACTOR persistently fails
to perform the Work in accordance with the
Contract Documents (including, but not limited
to, failure to supply sufficient skilled workers
or suitable materials or equipment or failure to
adhere to the progress schedule established
under paragraph 2.9 as revised from time to
time) ;
15,2,7, if CONTRACTOR disregards Laws
or Regulations of any public body having
jurisdiction;
15.2,8. if CONTRACTOR disregards the
authority of ENGINEER; or
15.2.9, if CONTRACTOR otherwise violates
in any substlUltial way any provisions of the
Contract Documents;
OWNER may, after giving CONTRACTOR (and
sun:ty, if there be one) seven days' written notice and to
the extent pennitted by Laws and Regulations, tenninate
the services of CONTRACTOR, exclude
CONTRACTOR from the site a.nd take possession of
the Work IUld of all CONTRACTOR's tools,
applilUlces, constmction equipment and machinery at the
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site and use the same to the tidl extent thtlY t:Oldd btl
used by CONTRACTOR (without liability to
CONTRACTOR for trt::splL~S or wnvt::rsion),int:orporattl
in the Work all materials and equipmt::nt stort::d at tht::
site or for which OWNER has paid CONTRACTOR but
which are stored elsewhert::, and finish the Work as
OWNER may deem expedient. 1.11 such cast::
CONTRACTOR shall not be entitled to receive lmy
further payment until the Work is tinished, If tht::
unpaid balance of the Contract Price exceeds the direct,
indirect and consequential costs of completing tht:: Work
(including but not limited to ftltls and t:harges of
engineers, architects, attornt::ys lUld otht::r professionals
and court and arbitration t:osts) sut:h excess will bt:: paid
to CONTRACTOR, If sut:h wsts ext:etld sut:h unpaid
ballUlce, CONTRACTOR shall pay the difft::rent:e to
OWNER. Sut:h costs incurred by OWNER will bt::
approved as to reasonablent::ss by ENGINEER and
i.ncorporate<1 in a Change Ordtlr, but when exercising
any rights or reme<lies under this paragraph OWNER
shall not be required to obtain tilt:: lowest prit:e for tht::
Work pt::rfonne<1.
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15,3, Whert:: CONTRACTOR's stlrvit:t::s havt:: been so
tenninate<l by OWNER,the ttlnuination will not afftlct
any rights or remedies of OWNER against
CONTRACTOR then existing or which may tht::reatter
accme. Any retention or payment of mont::ys due
CONTRACTOR by OWNER will not reteast::
CONTRACTOR from liability,
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15.4, Upon seven days' writtt::n notit:e to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prtljudit:t:: to any other right
or remedy, elect to ablUldon the Work lmd terminate tht::
Agreement. In such case,expense sustaine<l plus
reasonable tennillation t::xpenses, whit:h sequential costs
(including, but not limited to, ft::es and chargt::s or
engineers, architects, attornt::ys and otht::r professionals
and court and arbitration costs).
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Contractor May Stop Work or Terminate:
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15.5. If, through no at:t or fault of CONTRACTOR,
the Work is suspendt::d for a period of mort:: than niJ1t:ty
days by OWNER or under an order of court or other
public authority, within thirty days after it is submitttl{l,
or OWNER fails for thirty days to pay CONTRACTOR
any sum finally detennine<l to be due, then
CONTRACTOR may under seven days' written notice
to OWNER lUld ENGINEER, tenninate the Agreement
and recover from OWNER payment for all Work
executed lU1(1 lmy expense sustaintl{1 plus reasonable
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tenuination exptlnses, 1.11 addition and in lieu of
tenninating the Agreement, if ENGINEER has failed to
act on lUl Application for Payment or OWNER has
failed to make Imy payment as aforesaid,
CONTRACTOR may upon seven days' written notice
to OWNER and ENGINEER stop the Work until
payment of alllUnounts then due. The provisions of tlus
paragraph shall not relieve CONTRACTOR of the
obligations under paragraph 6.29 to carry on the Work
in acconhmce with the progress sche<lule and without
delay during disputes lUld disagreements with OWNER.
ARTICLE 16 - ARBITRATION
16. I. All claims, disputes lUld other matters i.n
question between OWNER lUxl CONTRACTOR arisi.ng
out of, or relating to the Contract documents or the
breach thereof (except for claims which have been
waived by the making or acceptance of fmal payment as
provided by paragraph 14.16) will be decide<1 i.n the
Superior Court of Richmond County, Georgia.
ARTICLE 17 - MISCELLANEOUS
Giving Notice:
17, I. Whenever any prOVISIon of the Contract
Dot:umenls requires the giving of written notice, it will
bt:: dt::emtl{1 to have been validly given if delivere<1 i.n
person to the individual or to a member of the finn or to
IUl oftit:er of the corporation for whom it is i.ntended, or
if ddivered at or sent by registere<1 or certifie<l mail,
postage prepaid, to the last business address known to
the giver of the notit:e,
Computation of Time:
17,2, I. When 1U1Y period of time is referred
to i.n the Contract Documents by days, it will
be compute<1 to exclude the first ami i.nclude
the last day of such period. If the last day of
1U1Y such period falls on a Saturday or Sunday
or on a day made a legal holiday by the law of
the applicable jurisdiction, such day will be
omitte<1 from the computation.
17.2.2. A calendar day of twenty-four hours
measure<l from mi(hught to the next lludnight
shall constitute a day.
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General:
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17.3. Should OWNER or CONTRACTOR suffer
injury or (ilunage to person or property because of any
error, omission or ad of the other party or of any of the
other party's employees or agents or others for whose
acts the other party is legally liable, claim will be made
in writing to the other party within a reasonable time of
the first observa.nce of such injury or damage. The
provision~ of this paragraph 17.3 shall not be constnled
as a substitute for or a waiver of the provisions of any
applicable statute of limitations or repose.
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17.4. The dutit::s cUld obligations imposed by these
General Conditions and the rights and remedies
available hereunder to tht:: pal1ies ht::reto, 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 a.nd 15.2 and all of the rights and remedies
available to OWNER and ENGINEER thereunder, art::
in addition to, and are not to bt:: constnaed in any way as.
a limitation of, any rights and remedies available to lU1Y
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 Contra<.:t
Documents, and the provisions of this paragraph will be
effective as if repeated specifically in the <.:ontrad
Documents in connection with each parti<':lllar duty,
obligation, right lUld remedy to which they apply, All
representations, warranties lUld guarantees made in the
Contract Documents will survive tinal payment cUld
termination or completion of the Agreement,
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SGC-Ol.
SGC-02.
SGC-03.
SGC-04.
SGC-05.
SGC-06.
SGC-07.
SGC-08.
SGC-09.
SGC-10.
SGC-11.
SGC-12.
SUPPLEMENTAL GENERAL CONDITIONS INDEX
Drawings
Rights-of-Way
Estimate of Quantities
Existing structures and utilities
Contractor's Breakdown of Lump Sum Payment Items
Prior Use by Owner
Cleaning Up
Maintenance of Traffic
Maintenance of Access
Erosion Control and Restoration of Property
Bypassing Sewage
Safety and Health Regulations
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SGC-Ol.
DRAWINGS:
The Engineer will furnish to the Contractor all copies of
drawings reasonably necessary for the execution of the work. Location
of all features of the work included in the Contract are indicated on
the Contract Drawings. The following drawings comprise the plans for
this contract:
Sheet No.
Title
~
1
2
3
4
5
6
7
8
9
Cover
General Notes and Miscellaneous Details
Sta. 0+00 to Sta. 8+53
sta. 8+53 to sta. 21+52
Sta. 21+52 to sta. 32+77
Sta. 32+77 to Sta. 46+36
Sta. 46+36 to Sta. 57+06
Sta. 57+06 to Sta. 68+41
Soil Erosion Control Details
SGC-02.
RIGHTS-OF-WAY:
The OWNER will furnish all land and rights-of-way necessary
for the carrying out of this contract and the completion of the work
herein contemplated and will use due diligence in acquiring said land
and rights-of-way as speedily as possible. But it is possible that
all lands and rights-of-way may not be obtained as herein contemplated
before construction begins, in which event the contractor shall begin
his work upon such land and rights-of-way as the OWNER may have
previously acquired and no claim for damages whatsoever will be
allowed by reason of the delay in Obtaining the remaining lands and
rights-of-way. Should the OWNER be prevented or enjoined from
proceeding with the work or from authorizing its prosecution, either
beore the commencement, by reason of any litigation or by reason of
its inability to procure any lands or rights-of-way for the said work,
the Contractor shall not be entitled to make or assert any claim for
damage by reason of said delay or to withdraw from the contract except
by consent of the OWNER; but time for completion of the work will be
extended to compensate for the time lost by such delay; such
determination to be set forth in writing and approved by the OWNER.
SGC-03.
ESTIMATE OF OUANTITIES:
The estimated quantities of work to be done and materials
to be furnished under this contract if shown in any of the documents
including the bid are given only for use in comparing bids and to
indicate approximately the total amount of the contract and the right
is especially reserved except as herein otherwise specifically limited
to increase or diminish them as may be deemed reasonably necessary or
desirable by the OWNER to complete the work contemplated by this
contract and such increase or diminution shall in no way vitiate this
SGC-1
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contract nor shall any such increase or diminution give cause for
claims or liability for damages.
SGC-04.
EXISTING STRUCTURES AND UTILITIES:
The existence and location of structures and underground
utilities indicated on the plans are not guaranteed and shall be
investigated and verified in the field by the contractor before
starting work. The contractor shall be held responsible for any
damage to and for maintenance and protection of existing utilities and
structures.
SGC-OS.
CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS:
The contractor shall, immediately after the contract has
been awarded, submit to the Richmond County Water Works Director for
his approval, a breakdown showing estimates of all costs apportioned
to the major elements of equipment, material and labor comprising the
total work included under any of the lump sum items shown in the
proposal. These estimates as approved will serve as the basis for
estimating of payments due on all progress estimates.
SGC-06.
PRIOR USE BY OWNER:
Prior to completion of the work, the OWNER (by agreement
with the Contractor) may take over the operation and/or use of the
incompleted project or portions thereof. Such prior use of the
facilities by the OWNER shall not be deemed as acceptance of any work
or relieve the Contractor from any of the requirements of the Contract
Documents.
SGC-07.
CLEANING UP:
The Contractor shall keep the premises free from the
accumulation of waste material and rubbish and upon completion of the
work, prior to final acceptance of the completed project by the OWNER,
he shall remove from the premises all rubbish, surplus materials,
implements, tools, etc., and leave his work in a clean condition,
satisfactory to the Richmond County Water Works Director.
. SGC-08 .
MAINTENANCE OF TRAFFIC:
In any work within the public right-of-way, the contractor
shall provide adequate warning and protection for pedestrian and
vehicular traffic from any hazard arising out of the contractor's
operations and will be held responsible for any damage caused by
negligence on his part or by the improper placing of or failure to
display danger signs and road lanterns. All traffic lanes, sidewalks
and driveways will be kept open and clear at all times except as
provided below. The contractor shall not block traffic on any street
more than 30 minutes or such other time as the agency having
'SGC-2
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jurisdicition may specify, without written permission from such
agency. Before leaving the work each night, it shall be placed in
such conditionas to cause the least possible hazard therefrom. Should
the contractor fail to comply with the provisions of this paragraph,
the Owner may, with his own forces, provide signs, flagmen, barricades
and/or lanterns, to reduce or eliminate hazards, construct substitute
passageways or clear the pavement and deduct the cost thereof from
sums due to the contractor.
SGC-Og.
MAINTENANCE OF ACCESS:
The Contractor will be required to maintain access to
business establishments during all times they are open for business,
to churches, schools and other institutions during the time they are
open and to all residential and other occupied buildings or facilities
at all times. Bridges across open trenches and work areas will be
required to provide vehicular and pedestrian access. Bridges with
handrail protection will be required for crosswalks at street
intersections. It is recognized that it will be necessary to remove
bridges and to block cross traffic while equipment is in operation.
The Contractor shall, however, plan and pursue this operations so as
to minimize the time that direct entrance is blocked.
SGC-l0.
EROSION CONTROL AND RESTORATION OF PROPERTY:
The Contractor will be required to schedule his work and
perform operations in such a manner that siltation and bank erosion
will be minimized during all phases of construction. Any areas
disturbed during the course of construction shall be restored to a
condition equal or better than the original condition. All soil
erosion and sediment control measures shown on the plans are a
minimum. The contractor shall follow best management practices
recommended by the Soil Conversation service and additional measures
required by the engineer.
SGC-ll.
BYPASSING SEWAGE:
The Contractor will be required to schedule and coordinate
construction sequences and operations and to use temporary
construction and other approved methods which will minimize the
bypassing of sewage during construction of the sewer facilities. The
diversion of sewerage to open ditches or streams will not be
permitted.
SGC-12.
SAFETY AND HEALTH REGULATIONS:
The Contractor shall comply with the Department of Labor
Safety and Health Regulations for construction promulgated under the
Occupational and Health Act of 1970 and under section 107 of the
Contract Work Hours and Safety Standards Act.
SGC-3
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TECHNICAL SPECIFICATIONS
section 1
Excavation. Trenching and Backfilling
TS1-Ol.
Scope:
The work covered by this section of the specifications
consists of furnishing all plant, labor equipment, materials and
appliances and in performing all operations in connection with the
excavation, trenching and backfilling for water mains, sewers and
appurtenant structures, co~pletein strict accordance with this
section of the specifications and the applicable drawings and subject
to the terms and conditions of the Contract.
TS1-02.
Excavation:
a. General: Excavation shall be in accordance with OSHA
Safety Requirements.
b. Classification: Excavation shall comprise the
satisfactory removal and disposition of all excavated materials
regardless of classification.
The Contractor shall perform all excavation of every
description and whatever substances encountered to grade indicated.
Water mains shall have a minimum cover of 36".
c. Excavation for Walls and Footings: Excavation for walls
and footings shall extend a sufficient distance to allow for the
placing and removal of forms, installations of services and for
inspection, except where the concrete wall or footings may be
authorized to be deposited directly against excavated surfaces.
Backfill with earth under structures will not be
permitted and any unauthorized excess excavation below the levels
indicated for the foundation of such structures shall be filled with
crushed rock as specified below under Trench Excavation.
d. Trench Excavation: The banks of trenches shall be kept
as nearly vertical as practicable, where required, shall be properly
sheeted and braced. The width of trenches at and below the level of
the pipe shall provide a minimum of six inches and a maximum of 12
inches clearance on each side of the bell of the pipe. The width of
the trench above this level may be made wider as necessary for
sheeting and bracing and the proper installation of the work.
The bottom of trenches shall be accurately graded to
provide uniform bearing and support for each section of the pipe on
undisturbed soil at every point along its entire length, except for
portions of the pipe sections where it is necessary to excavate for
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bell holes and for the proper sealing of pipe joints. Bell holes
shall be dug after the trench bottom has been graded. Bell holes
shall be excavated only to an extent sufficient to permit accurate
work in the making of the joints and to insure that the pipe, for a
maximum of its length will rest upon the prepared bottom of the
trench. Depressions for joints other than mechanical shall be made in
accordance with the recommendations of the joint manufacturers for the
particular joint used.
Except at locations where excavation of rock from the
bottoms of trenches is required, care shall be taken not to excavate
below the depths indicated. Where rock excavation is required, the
rock shall be excavated to a minimum over depth of four inches and
maximum of 12 inches below the normal required trench depth. The over
depth rock excavation and all excess trench excavation shall be
backfilled with well-graded crushed stone or crushed gravel meeting
the requirements of ASTM C-33, Gradation 67 (3/4" to #4). Whenever
wet or otherwise unstable soil that is incapable of properly
supporting the pipe, as determined by the Engineer or indicated on the
drawings, is encountered in the trench bottom, such soil shall be
removed to a depth required for the lengths designated by the County
Water and Sewer Engineer and the trench backfilled to trench bottom
grade with crushed stone or gravel as specified above.
e. Dewatering and Drainage: All excavations shall be
protected from flooding by surface waters (rain runoff, etc.) or
groundwater.
Dewatering by pumping or well pointing from excavated
areas shall be performed by the Contractor to provide a stable
excavation and a firm pit or trench bottom. Dewatering shall incur no
extra cost to the Owner.
Water removed from the excavated areas shall be
conveyed in a proper manner to a suitable point of discharge where it
will neither cause injury to public health, public or private
property, the surface or use the streets by the public or work
completed or in progress.
To guard against the danger of flotation of empty or
partially empty pipe due to a high water table, all dewatering
operations shall be continued without interruption until such time as
sufficient backfill has been placed over the top of the pipe to
overcome the buoyancy effect of a completely empty pipe which is
entirely submerged.
f. Shoring and Protection of Excavations: Shoring shall be
provided by the Contractor as necessary to protect life or property.
Excavations shall not be made until shoring has been completed. All
existing structures, streets, pipes and foundations which are not to
be removed or relocated shall be adequately protected or replaced by
the Contractor without cost to the County. The Contractor shall
adequately protect the work under construction and the safety of his
workmen in excavations by the use of suitable sheeting, shoring and
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bracing or by sloping the banks in accordance with the angle of repose
of the soil.
g. Excess Material: Excess excavated material not suitable
or required for backfill or filling shall be wasted as directed by the
County Water and Sewer Engineer.
h. Stockpiles: Excavated material to be used for backfill
shall be stockpiled as directed by the County Water and Sewer
Engineer. Excavated material shall be deposited a sufficient distance
from the side of the excavation wall to prevent excessive surcharge on
the wall.
i. Blasting: Where blasting is necessary, it shall be done
in accordance with local ordinances by skilled operation and
precautions shall be taken to avoid damage. suitable mats shall be
provided to confine, within the limits of the excavations, all
materials lifted by blasting.
TS1-03.
Backfilling:
Trenches and other excavations shall not be backfilled until
all required tests are performed and the work has been approved by the
County Water and Sewer Engineer. The trenches above the pipe bedding
zone shall be carefully backfilled with earth, loam, sandy clay, sand
and gravel, soft shale or other approved materials. No material shall
be used for backfilling that contains mulch, other unstable materials,
stones, blasted rock, broken concrete or pavement or other hard
materials having any dimension greater than two inches; or large clods
of earth, debris, frozen earth or earth with an exceptionally high
void content.
For backfilling, to a level one foot over the top of
pressure pipelines and two feet above the top of gravity pipelines,
only selected materials shall be used. Selected materials shall be
approved by the County Water and Sewer Engineer and consist of finely
divided material free from debris, organic material and stone and may
be suitable, job excavated material or shall be provided by the
Contractor from other sources. The backfill shall be placed in
uniform layers not exceeding six inches in depth. Each 'layer shall be
IDQistened and carefully and uniformly tamped with mechanical tampers
or other suitable tools. Each layer shall be placed and tamped under
the pipe haunches with care and thoroughness so as to eliminate the
possibility of voids or lateral displacement.
The remainder of the backfill material shall then be placed
and compacted above the level specified above. In areas not subject
to traffic, the backfill shall be placed in 12-inch layers and each
layer moistened and compacted to a density approximating that of the
surrounding earth. Under roadways, driveways, paved areas, parking
lots, along roadway shoulders and other areas subject to traffic, the
backfill shall be placed in 6-inch layers and each layer moistened and
compacted. After compaction, the dry weight per cubic foot for each
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layer shall be at least 95% of the maximum Laboratory Dry Weight per
cubic foot, as determined by ASTM D 698.
In. wetland areas, backfill shall be placed to one foot below
the original topography as. specified above. The top 12" of the trench
shall be filled with topsoil from the trench. Any exposed slopes and
streambanks must be reconstructed immediately upon completion of the
utility line.
Any trenches which are improperly backfilled or where
settlement occurs, shall be reopened to the depth required for proper
compaction, then refilled and compacted with the surface restored to
the required grade and compaction. Along all portions of the trenches
not located in roadways, the ground shall be graded to a reasonable
uniformity and the excess material wasted as directed by the County
Water and Sewer Engineer.
Sheeting not specified to be left in place shall be removed
as the backfilling progresses. Sheeting shall be removed in such a
manner as to avoid caving of the trench. Voids left by the removal of
sheeting and shoring shall be carefully filled and compacted. Where,
in the opinion of the County Water and Sewer Engineer, damage is
liable to result from withdrawing sheeting, the sheeting will be
ordered to be left in place.
TS1-04.
Pavement Replacement:
The Contractor shall replace all pavement removed,
undermined or damaged by his construction operations and as required
by the plans.
As the completion of the pipe installation and construction
manholes and appurtenant structures progresses all backfill shall be
completed in the manner prescribed in this section of these
specifications. This backfill shall be finished off to a grade level
with the surface of the adjacent pavement and shall be maintained
smooth and free from potholes depressions and ruts until the pavement
replacement, grassing, etc., hereinafter prescribed are performed.
Pavement replacement shall be started as soon as possible
after completion of backfill. The edge of existing pavement to remain
shall be neatly cut vertically and on a uniform horizontal alignment
with a rotary power saw (concrete saw). The backfill material shall
be removed to depth required and subbase compacted as hereinbefore
specified. The designated patch shall be installed in accordance with
the following specifications.
a. Concrete Pavement~ The patch shall be 8" thickness of
3,000 psi concrete. Joints shall be provided in the new pavement
matching in type and location all joints in existing adjacent
pavement. The surface of the new pavement shall also be finished to
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match the surface of adJacent pavement.
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b. Driveways: All drives shall be replaced in kind, i.e.
asphalt for asphalt, concrete for concrete, and aggregate surface
course for earth.
c. Sidewalks: Same as concrete pavement except that the
thickness shall be 4 inches.
d. Asphalt Concrete: The patch shall consist of an 8"
thickness of 3,000 psi concrete and a surface course of 1~" thickness
of asphalt concrete. After the concrete has attained sufficient
strength, concrete surface shall be cleaned and prepared for the
bituminous surface by application of a bituminous tack coat. A
surface course consisting of a 1~" compacted thickness of hot plant
mix bituminous material conforming to County Specifications, Type "E"
or "F", shall then be constructed on the prepared base.
e. Concrete Curb and Gutter: Concrete curb and gutter
which has been removed shall be replaced to match the adjacent curb in
type and dimensions. 3,000 psi concrete shall be used in construction
of curb and gutter.
f. Granite Curb: In removing and replacing granite curb,
extreme care shall be exercised to eliminate breakage or other damage
during removal, storage and replacement. The Contractor will be
required to replace all sections broken or damaged by his construction
operations with new sections of identical material and dimensions at
his own expense. In the replacement of the curb, the Contractor shall
take extreme care in the placement and compaction of backfill under
and adjacent to the curb to insure adequate support throughout the
full length of each section of curb.
g. Brick Pavement: Replace brick on 6 inch concrete. New
pavement shall match existing construction.
TS1-OS.
Existing Improvements:
The Contractor shall maintain in operating condition and
protect from damage all existing improvements including utilities,
sewers, gutters and other drains encountered and repair to the
satisfaction of the Engineer any surface or subsurface improvement
damaged during the course of the work. The Contractor shall also make
reasonable and satisfactory provisions for the maintenance of highway
and street traffic.
TS1-06.
Restoration of Property:
The Contractor shall carefully restore all property defaced
by operations or acts of any of his agents or employees. Such
restorations shall include seeding, sodding and transplanting of
lawns, hedges, ornamental plantings and the repair or replacement of
driveways, walks or other facilities.
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TS1-07.
Salvage Materiais:
All cast iron trap tops, grates and frames, manhole rings
and covers, etc., that are removed and not reused shall be salvaged
and hauled to the Richmond County Water and Sewer Department, 2760
Peach Orchard Road.
TS1-08.
Measurement:
1. Excavation and Backfill: Unclassified excavation and
backfill of excavated materials including satisfactory removal and
disposal of excess material shall not be measured for payment and all
costs shall be included in the applicable contract payment item as set
forth in the Proposal.
2. Crushed Stone or Gravel: The quantity of crushed stone
or gravel authorized by the County Water and Sewer Engineer to refill
or unsuitable material excavation shall be the actual tons of stone
installed and accepted. Crushed stone or gravel required to backfill
unauthorized over-excavation in either width or depth will not be
measured for payment.
3. Select Material: Select material authorized by the
County Water and Sewer Engineer to replace unsuitable material for
backfilling excavations and fill shall be measured on a cubic yard
basis truck measure, complete installed and accepted.
4. Pavement Replacement: Pavement replacement - 8" thick
concrete pavement, 6" thick concrete driveway pavement, 4" thick
concrete sidewalk pavement, asphalt concrete pavement, brick pavement
will be measured on a square yard basis complete and accepted, except
where shown on plans or approved by the County Water and Sewer
Engineer. Limit of measurement for pavement replacement over trench
excavation shall be the pipe outside diameter plus three (3) feet.
Limit of measurement around manholes and structures shall be two (2)
feet beyond the outside wall.
a. Curb and Gutter: The quantity of curb and gutter
measured shall be the actual linear feet of curb and gutter replaced,
complete and accepted. Except where shown on plans and approved by
the County Water and Sewer Engineer, the limit of measurement shall be
the pipe outside diameter plus three (3) feet plus distance on either
side of above width centered over pipe to closest construction or
expansion joint on either side.
b. Granite Curb: The quantity of granite curb removed
and replaced shall be the actual linear feet of granite curb and
gutter removed and replaced, complete and accepted. Limit of
measurement shall be same as for curb and gutter.
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TB1-09.
Payment:
No separate payment will be made for excavation and
backfilling; testing, refill of over-excavation; dewatering and
drainage; sheeting and shoring; stockpiling; blasting; pavement
replacement and curb and gutter and granite curb replaced outside
specified limits; protection and replacement of existing improvements
damaged by Contractor's operations; restoration of property damaged by
Contractor's operations; salvage material or other items of work
except items as itemized below for payment and all such costs shall be
included in the applicable contract unit price or lump sum bid items.
Measured items shall be paid for at the contract unit or
lump sum price for the items as set forth in the proposal, which
payment shall be full compensation for the work, complete in place and
accepted.
Payment will be made under the following:
Select Material
Crushed Stone or Gravel
8" thick Concrete Pavement
6" thick Concrete Driveway Pavement
4" thick Concrete Sidewalk Pavement
Asphalt Concrete Pavement
Brick Pavement
Curb and Gutter
Granite Curb
per cubic yard
per ton
per square yard
per square yard
per square yard
per square yard
per square yard
per linear foot
per linear foot
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TECHNICAL SPECIFICATIONS
section 2
SANITARY SEWER AND APPURTENANCES
TS2-01.
Scope:
The work covered by this section of the specifications
consists in furnishing all plant, labor, equipment and materials and
in performing all operations in connection with the installation of
sanitary sewer pipe, structures and appurtenances, complete, in strict
accordance with these specifications and the applicable drawings and
subject to the t~rms and conditions of the contract.
TS2-02.
Applicable specifications:
The latest edition of the following specifications form a
part of this section of the specifications:
a. American Society of Testing Materials Specifications:
ASTM Des. C-12 Installing Clay Sewer Pipe.
ASTM Des. C-700 Extra Strength Clay Pipe.
ASTM Des. C-425 Vitrified Clay Pipe Joints using
materials having resilient
properties.
ASTM Des. C-443 Joints for Circular Concrete Sewer
and rubber-type gaskets.
ASTM Des. C-478 Precast Reinforced Concrete Manhole
Risers and Tops.
ASTM Des. C-428 Asbestos-Cement Non-Pressure Sewer
Pipe.
b. Manufacturers Specifications:
Johns-Manville DS-935-68 Flextran Sewer Pipe
TS2-03.
General:
The contract drawings indicated the extent and general
arrangement of the sanitary sewer system. If any departure from the
contract drawings are deemed necessary by the Contractor, details of
such departures and the reasons therefore shall be submitted as soon
as practicable for approval. No such departures shall be made without
written approval of the Engineer.
The drawing and these specifications shall be considered as
supplementary, one to the other, so that materials and labor
indicated, called for, or implied by this one and not the other, shall
be supplied and installed as though specifically called for on both.
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TS2-04.
Materials:
a. General: All materials furnished by the Contractor
shall be new and shall meet the requirements of the
applicable specifications in this paragraph. The pipe
installation is designed for the pipe listed in the
schedule when installed in accordance with these
specifications. Except where called for on the plans,
the Contractor may use any type of pipe in accordance
with the following schedule.
The Contractor may use only pipe meeting this
specification. The Contractor shall modify the pipe bedding
and installation procedures as outlined herein to provide a
maximum limiting deflection of 5% of the average pipe
diameter for flexible pipe.
Pipe:
a. Pipe (Rigid Type) :
1. Class 50 Ductile Iron Pipe, 21" and Larger
(Pressure Rating)
2. Clay Pipe: ASTM Specification C-700, Extra
Strength for all sizes.
b. Pipe (Semi-Rigid):
(Definition: Pipe Stiffness per ASTM D 2412 of 150 psi
or greater)
1. ABS Composite (TRUSS) Pipe - ASTM D 2680
2. PVC composite (TRUSS) Pipe - ASTM D 2680
3 . Poly Vinyl Chloride: SDR 23.5 per ASTM D 3034
c. Pipe (Flexible) :
(Definition: Pipe stiffness less than 150 psi when
tested per ASTM D 2412)
1. Poly Vinyl Chloride Pipe: SDR 35 per ASTM D 3034
2. Poly Vinyl Chloride'Pipe: A-2000 per ASTM F 949
3. Reinforced Polyester Mortar Pipe: Material
Specifications DS-935 for Johns-Manville Flex
Trans Pipe for gravity transmission of water and
waste water.
d. Joints and Jointing Materials:
1. Composite (TRUSS) Pipe: Rubber Gasket
2. Poly Vinyl Chloride: Rubber Gasket
3. vitrified Clay Pipe Joints Using Materials having
Resilient Properties: Resilient Joints shall
conform to the requirements of ASTM Designation C-
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425, .Type III.
TS2-0S.
Installation:
a. Pipe Laying: The bottom of the trench where sewer
pipe is to be laid shall be prepared and shaped as shown on the plans
and specified under the section Excavation, Trenching and Backfilling,
to give uniform circumferential support to the lower quadrant of the
pipe for the maximum length.
Pipe laying shall proceed upgrade with the spigot end of
bell and spigot pipe pointing in the direction of the flow. Each pipe
shall be laid true to line and grade in such manner as to form a close
concentric joint with the adjacent pipe and to prevent offsets in the
flow line. As the work progresses, the interior of the sewer shall be
cleaned of all dirt and superfluous materials of every description.
Where cleaning after laying is difficult because of small pipe size, a
suitable swab or drag shall be kept in the pipe and pulled forward
past each joint immediately after the joint is completed. If the
maximum permissible width of the trench at the elevation of the top of
the pipe is exceeded for any other reason than at the direction of the
Engineer, the Contractor shall install at his own expense, such
concrete cradling, pipe encasement or other bedding as is required by
the Engineer to support the additional load on the pipe. Trenches
shall be kept free of water until joints have been made up. No pipe
shall be laid when the condition of the weather or the trench bottom
is unsuitable for such work. At all times when the work is not in
progress, all open ends shall be securely closed to the satisfaction
of the Engineer so that no trench water, earth or other foreign
substance can enter the line.
All pipe shall be carefully examined before it is installed
in the trench. All damaged or unsound pipe or pipe when otherwise
fails to meet specification requirements shall be rejected and shall
be removed from the site of the work.
b. Pipe Bedding: Bedding material for rigid, semi-rigid
(pipe stiffness 150 psi or greater) and flexible (pipe stiffness less
than 150 psi) pipe shall be well-graded crushed stone or crushed
gravel meeting the requirements of ASTM C-33, Gradation 67 (3/4" to
#4). The bedding material shall be placed in the zone 4" below the
pipe to the pipe springline (horizontal mid-point) for rigid and semi-
rigid pipe and the bedding material shall extend to the top of the
flexible pipe. Select backfill consisting of sand, silty gravels,
clayey gravels, silty sands, clayey sands or other approved materials,
placed in 6" layers and compacted per TS1-03, shall be the backfill
from the top of crushed stone to 12" (min.) above all pipe.
c. Jointing:
1. Composite Pipe and Polyvinyl Chloride Pipe: The
joints shall be made according to the manufacturer's recommendation.
2. vitrified Clay and Concrete Bell and Spigot Pipe:
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The jointing procedure for vitrified clay pip~ having joints using
materials having resilient properties and concrete pipe having rubber
gasket joints as specified herein before, shall be recommended by the
manufacturer of the joint material and approved by the Engineer. The
Contractor shall furnish and install the joint complete, using such
adhesive or lubricating substances as are recommended. Care shall be
taken to prevent excessive exposure of the gaskets to sunlight before
installation.
TS2-06.
Concrete'cradles. Saddles and Encasement:
The Contractor shall install concrete cradles, saddles or
encasements where shown on the plans or as directed by the Engineer.
These structures shall be constructed in strict accordance with the
details shown on the plans and as herein specified. Concrete shall
have a 28 day compressive strength of 3,000 psi when tested in
accordance with ASTM Specification C-39.
TS2-07.
Manholes:
a. General: All manholes indicated on the plans shall be
furnished and installed by the Contractor in accordance with the plans
and provisions of this section of these specifications. Manholes
shall be constructed with cast iron frames and covers in accordance
with the details as shown on the plans. The base of the manhole shall
be constructed of 3,000 psi concrete as specified elsewhere in these
specifications. The invert channels shall be smooth and accurately
shaped to the semicircular bottom conforming to the inside of the
adjacent sewer sections as shown on the plans. Changes in direction
of the sewer and entering branches shall have as long a radius of the
true curvature as the size of the manhole will permit. Manhole steps
shall be spaced as shown on the plans.
b. Types:
1. Precast Concrete Manhole: Precast manholes,
consisting of precast riser and tops, conforming to the requirements
of ASTM Designation C478-6IT, may be used in lieu of brick manholes.
The precast top section shall be of the eccentric cone type. The
lower end of the,section shall be set in a bed of mortar in a recess
formed in the base slab and the outside of the joint shall then be
sealed with a level fillet of mortar. The joints in the riser pipe
shall be set in and sealed with cement mortar as specified above. All
manholes located in roads or drives shall be precast manholes, unless
directed otherwise.
2. poured-in-Place Concrete: The manhole
construction shall be similar in detail to manholes shown on the
plans. Concrete shall have a 28 day compressive strength of 3,000 psi
when tested in accordance with ASTM Specifications C-39. The base
shall be poured monolithically with the rest of the manhole. The base
shall have a minimum diameter 8" greater than the outside diameter of
the manhole and a minimum thickness including the area under the pipe
as follows:
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0' to 8' depth
8' to 12' depth
12' and above
8"
10"
12"
Reinforcing in the bottom shall be #4 bars at 11 inches on center each
way.
The manhole barrel wall shall be a minimum of 6" thick. Reinforcing
is not required.
The first pour shall consist of approximately 1/2 cubic yard deposited
evenly around the walls. The concrete must be carefully rodded or
vibrated on each side of each pipe. Additional concrete should be
dE!posi ted in evenly distributed layers not to exceed 18" with each
layer vibrated or rodded to bond it to the proceeding layer. Form
marks and offsets up to 1/2" will be permitted inside the manhole.
All offsets on edges inside the manhole will be smoothed and plastered
with a mortar consisting of three parts of masonry sand to one part of
Portland Cement immediately upon removal of the forms. If cracks
occur or excessive honeycombs appear after form removal, at the
opinion of the County Water and Sewer Engineer, the entire manhole
will be removed at the Contractor's expense and repoured.
No cold joint pours will be permitted.
The top of the barrel shall have the form of an eccentric cone so that
manhole steps are on a vertical face.
3. Manhole Steps: Manhole steps shall be installed in all
sections of each manhole as indicated on the drawings. The steps in
the precast sections may be installed when the sections are cast or
ma.y be inserted after the manhole has been constructed. All damage to
the precast section caused by the insertion of the steps shall be
repaired and sealed with expanding mortar to prevent leakage. Steps
shall be of cast iron, NeenahFoundry Company Cast Iron Manhole Step
R-1981-Q or approved equal.
4. Manhole Frames and Covers:
General: Manhole frames and covers in improved areas
or streets shall set flush with the finished grade. In unimproved
areas or where no finished grade is established, the top of the frame
and cover shall be set one foot above the existing ground, unless
otherwise directed. The word SEWER shall be cast on the manhole
cover.
Standard Frames and Covers: Cast iron for manhole
frames and covers shall conform to ASTM A-48, Class 30, gray iron.
Ca.sting shall be quality cast iron such that the metal is strong,
tough and of uniform grain. They shall be smooth, free from scale,
lumps, blow-holes, blisters and effects of every kind which render
them unfit for the intended use. No plugging or filling shall be
permitted. All bearing surfaces shall be machined to provide uniform
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mating and to eliminate rocking. standard frames and covers shall be
NE~enah Foundry Company Manhole frame and cover R-1592, or approved
equal.
Installation: The top of the manholes shall be topped
out with brick as indicated on the drawings. The number of courses
wi.ll depend on the required elevation of the top of the manhole. The
brick shall be laid radially in header ring and cover shall be set in
a bed of mortar on the top course of brick. The outside of the
manhole shall be plastered for the full extent of the brickwork with
mortar to a thickness of not less than 1/2 inch. The inside face of
the manhole brickwork may be rubbed with a cloth in lieu of striking
the joints. The brickwork and mortar shall be protected against low
temperatures and cured so as to prevent damage by freezing.
5. outside Drop Connections: Where specified, drop
connections to manholes shall be constructed in accordance with
Article TS2-04, Materials for pipes and fittings and in accordance
with Article TS2-06, Concrete Cradles, Saddles and Encasement.
TS2-08.
stub-Out for Future Sewers:
Where and to the extent indicated on the plans, pipe stub-
outs for the connection of future sewers shall be provided during the
construction of new manholes for sewer. Joints shall conform to the
requirements of Article TS2-05 of these specifications. Each stub-out
,shall be plugged with a clay or concrete pipe plug sealed in the bell
end of the stub-out.
TS2-09.
Tie-In of Existing Sewers:
Existing sewers shall be tied-in to the new sewers at
locations indicated on the plans. New manholes will be constructed at
the intersection of the two sewers with the existing sewer passing
through the manhole. After the completion of the manhole, the portion
of the existing sewer inside the manhole will be removed in a neat
manner to allow the flow of sewerage to enter the manhole. When the
flow of the existing sewer is to be diverted into the new sewer, the
downstream end of the existing sewer shall be closed and sealed with a
precast plug or masonry bulkhead coated with cement mortar plaster.
TS2-10.
side Sewers:
a. General: A side sewer shall consist of a sewer
extending from a connection to the street or main sewer to its
connection to the house sewer or other point as designated by the
County Water and Sewer Engineer. The side sewer connection to the
street sewer shall be as follows:
New 8", 10", or 12"
v fitting in street sewer with
45 elbow
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NE~W 15" and larger' or existing
st:reet sewer
Machine made tap and suitable
saddle or otherwise as
approved by the County Water
and Sewer Engineer.
The Contractor shall install a side sewer where shown on the
plans or directed by the County Water and Sewer Engineer and in
accordance with the details shown on the plans.
b. Pipe Laying: Belled pipe shall be laid with the bell
end up grade and in general, all pipe laying shall start and proceed
up grade from the point of connection at the street sewer or other
st.arting point.
Pipe shall be laid in a straight line at a uniform
grade between fittings or on a uniform horizontal or vertical
curvature achieved by deflecting pipe joints within the limits
recommended by the manufacturer of the pipe used.
c. Fittings: All fittings shall be factory-produced and
shall be designed for installation on the pipe to be used. Fittings
shall be of the same quality and materials as the pipe used.
The maximum deflection permissible at anyone fitting
shall not exceed 45 degrees (450) (one-eighth (1/8) bend). The
maximum deflection of any combination of two adjacent fittings shall
not exceed 45 degrees (45<') (one-eighth (1/8) bend) unless straight
pipe of not less than two and one-half (2 1/2) feet in length be
installed between such adjacent fittings or unless one of such
fittings is a wye branch with a cleanout provided on the straight leg.
TS2 -11.
Field Tests:
Pipe: Each piece of pipe shall be visually inspected
immediately before being placed in the trench and all pieces which
appear to be cracked or damaged in any way shall be rejected.
Particular notice shall be made of the joints to be sure that a water-
tight joint will be assured.
Joints, Alignment and Grade: After the pipe has been
installed in the trench and prior to the placing of any backfill, the
joints, alignment and grade shall be carefully examined and checked
for conformance with specified requirements. The pipe shall be
observed during backfilling operations and shall be rechecked
following the backfilling operations to be sure that the required
conditions of the joints, alignment and grade have been maintained.
Appurtenances: All manholes and other appurtenances shall
be of specified size, shape and materials. The work shall comply with
these specifications and if found not so in any respect, it shall be
brought to proper condition at the expense of the Contractor.
Infiltration: A maximum allowable rate of infiltration into
sewer lines shall be limited to 100 gallons per inch of diameter per
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mile of sewer per 24 hours. This clause does not relieve the
Contractor of the necessity to making the sewers as tight as possible.
SE~wers which exceed this limit will not be accepted and the Contractor
shall take such steps as are necessary to bring the infiltration
within the above allowance. The test for infiltration shall be made
as follows: The test shall be made following a period of heavy rain
and when the ground is saturated. The Engineer reserves the right to
use his judgment as to whether or not the ground is sufficiently
saturated to allow a satisfactory test. In the event that rainfall is
insufficient to allow a satisfactory test before the date of
completion of the work, the Contractor will be required to conduct the
tests at any time up to 30 days following the completion date. The
test shall be made up to three measurements of flow taken at hourly
intervals. The amount of infiltration shall be computed from the
average flow measured. The Contractor shall provide and install all
,necessary measuring weirs or other devices required to make the flow
measurements. The test shall be made in the presence of and to the
satisfaction of the Engineer.
TS2-12.
Restoration of Property:
The Contractor shall carefully restore all property defaced
by operations or acts of any of his agents or employees. Such
restoration shall include seeding, sodding and transplanting of lawns,
hedges, or ornamental plantings and the repair or replacement of
driveways, walks, fences or other facilities, in such a manner as to
meet, the approval of the Engineer. No structures or trees shall be
removed without the consent of the property owner until condemnation
procedure, if necessary, has been completed.
TS2-13.
Clean Up and Repairing:
The sewers shall be kept clean during the progress of the
work and upon completion shall be thoroughly cleaned. All needed
repairs shall be made before this final cleaning. The Contractor
shall provide suitable tools and labor to clean the sewers at his own
expense. Any excessive leakage of water into the sewers or any
deviation from proper grade or alignment such as to make the work in
the opinion of the Engineers, not consistent with first class work,
shall be promptly corrected by the Contractor at his own expense.
TS2-14.
Final Inspection:
When the Contractor considers that all work has been
completed, he shall then notify the Engineer who will carefully
inspect all work and make such tests as to satisfy himself that every
provision of the Contract has been faithfully carried out. During
this inspection, the Contractor shall, at his own expense, make
provisions for suitable drainage and maintenance.
TS2-15.
Measurement:
1. Street or Main Sewer Pipe: Sewer pipe shall be
measured in place from center of manholes or structures without
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deductions for length of line through the structures. Depth of the
cut shall be measured from the ground surface to the pipe invert.
standard bedding required for pipe installation as per plans and
specifications shall not be measured for payment, but shall be
included in the cost of the pipe.
2. Side Sewers: Measurement shall be along the pipe from
the outside surface of the main sewer or manhole connection to the
extreme end of the last pipe or fitting placed, through tees, wyes and
other fittings. Plugged wyes or tees shall not be considered
branches. Measurement shall be to the nearest one-tenth (0.1) foot.
Fittings shall not be measured for payment.
3. Standard Manhole: The number of standard manholes to
be paid for shall be the actual number of standard manholes,
installed, complete, including frame and cover and accepted. Standard
manholes shall have a depth dimension of between 0' and 6' measured
from the invert of the lowest outlet pipe to the top of concrete or
masonry the frame and cover sits on.
4. Manhole - Additional Depth: The depth of each manhole
shall be measured as specified above and subtracting 6.0 feet from
this depth shall be the additional depth of each manhole. Measurement
shall be to the nearest one-tenth (0.1) foot.
5. Concrete Cradles and Encasements: The quantity of
3,000 psi at 28 day concrete authorized by the County Water and Sewer
Engineer for encasement, cradles and collars required for protection
of the pipe shall be the actual cubic yards of concrete installed and
accepted.
6. Connections to Existing Sewers or Manholes: The
quantity to be paid for under this item shall be the actual number of
each size pipe connected to either an existing sewer or manhole,
complete and accepted.
TS2-16.
payment:
1. street or Main Sewer Pipe: Payment for each size of
sewer pipe measured as specified above will be paid for at the
contract unit price per linear foot for various depths of cut, as set
forth in the Proposal.
2. Side Sewers: Payment for each size of side sewer pipe
measured as specified above will be paid for at the contract unit
price per linear foot as set forth below. No separate payment shall
be made for fittings or connections and all such costs shall be
included in the specified unit price item.
3. Other Items: Other measured items shall be paid for at
the contract unit or lump sum price for the various items as set forth
below, which payment shall be full compensation for furnishing and
installing the items, complete, in place in accordance with the Plans
and Specifications.
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Payment will be made under the following:
__~inch (size), Sanitary Sewer,
to
ft cut:-----per linear foot
* inch (size), side Sewer-----------------~-----------per linear foot
Standard Manhole (0' - 6' Depth)-------------------------per each
Manhole - Additional Depth----~--------------------------per vertical foot
Manhole - Drop Connection,
* size,---------------------per vertical foot
Concrete for Cradles and Encasement----------------------per cubic yard
__~inch (size), Sanitary Sewer Connection to Existing
Manhole or Sewer----------------------------------------per each
* as shown ln the Proposai.