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HomeMy WebLinkAboutSpirit Creek Road Sanitary Sewer Extension Project Augusta Richmond GA DOCUMENTNAME .5~r;\- Creek <KoCA-d 5tit Vl'/tu Y-j ~ b)( +- -en 5dJn Y(D JLcA- DOCUMENT TYPE: Lon frr:;..L! YEAR: (000 BOX NUMBER: } FILE NUMBER: I t;A lfl3 0 NUMBER OF PAGES: I~ rr- I -=t',\~# J.~lo~ I_I 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 L I I I I I I I Ii I I I I I I I I I I I 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 I I I I I I I I I, I I I I I I I I I I 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. I I 1 I I I' I I I I I I I 1 I I I I 1 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 IFB-1 I I I I I I I I I I I I I I I I I I I 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. IFB-2 I I 1 1 I, 1 I 1 I I 1 I I I 1 I I I I 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. IFB-3 I I I I I I' I I I I I I I I I I I I I 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.) P-1 (J) () ::I: m o c r m o ." 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CD 0 m 0 m - ~ .to; ~ ~ - - s: ::u 0 I -l -l Z (") m ~ -l -l -l -l 0 0 0 () Z -l -0 0 0 0 0 m m 0 -l 0 ..... ~ en m (") I m ...... ...... ...... ...... 0 z ~ ~ .to; ~ - () -l - -0 :;u II 0 ...... -l Z 0 t6 "'0 = :j -l 0 0 z m x en -l Z G) s: )> Z I 0 r m 0 c CD c.n ...... ~ ~ w w w r-..> )> ...... CD ...... ...... CD 0 r-..> 0 0 w 0 ...... ~ z CD c.n r-..> ~ r-..> r-..> 0 CD CD c.n c.n 0 -.J -.J :j ~ r C C (") r m < < m r r r r r r Z s: -< " )> " " )> " " " " " " -0 -l ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ "'" ~ ~ ~ ~ ~ U\ ~ ~ ~ ...... ~ ~ ;0 c ~ C) ~ z ...;) . ~ ~ ~ ~ ~ -l () tI\ () () 8 8 c, C) c:, "'0 0 ~ 0 0 (} :;u () m -(fl -- -- -- -- <: <: -- -- -- -- -- -- -- r (") r m m r r r r r r N c -< " )> " " )> " " " " " " s: .~ -0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ..f,J · ~. Ul ~. D- ~, '1 V\ ~ f5- N ~ ~ ~' U\.. ~ ()) c: w B ~ ~ ~ ~, G: ~ ~ Z -i ~ ()) -l 0 C) CJt ro ~ "'0 -i . >I ro :;u )> 0 . ~ 0 8 . 8 ~ () r Q t) 0 () <:) 0 N N (") 0 0 Cj 0 0 m () Q -l )> ^ m o " " o )> -l m z o < m s: OJ m ;:0 r-..> CD -" CD CD c.n I I I I Ii I I I I I I I I' I I I I I I 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. P-3 I 1 I I I I: I' I I I I I I' I: I I I I I - 'fi,t1Sal l~s :-tYlC. Name of Bidder I Date: P-3 Signature & Title of Authorized Representative rD.~ 3'77 Business Address tlx1n5 4aorUa.. 3D8l) C; city and Stattd I I I I I I I, I' I I I I I, I I I I I I I 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 BB-1 I I I I I I I I I I I I, I. I 1 I I I 1 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. BB-2 I 1 I I I 1 I Ii I I I I' I I I I I I I 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 $~O the (1Wohu 5. The term "Contract Documents" means and includes the following: (a) Invitation for Bids (b) Information for Bidders (c) Proposal (d) Bid Bond (e) Agreement. (f) General Conditions (g) Supplemental Conditions (h) Payment Bond (i) Performance Bond (j) Drawings Prepared by Owner (k) Technical Specifications (I) Addenda: No. dated No. dated No. dated 19 19 19 A-1 ;;;;l .-;; 1,,- Y ~ , .~ ..... - .,.,.r Bond No. 20766 1)dfO..,vuql BONI) , - "KNOli ALL MEN SY THES!: PRBSENTS t that Johnson Utilities, Inc. (Na~e of ,contractor) P.O. B6x 377, Evans~ Georgi~ '30809 (A~ared.of'~ontractor) a Corporatic;:m , hereinafter oall~d Principal, and Hart~ord Fire Insurance Company (Name'Ot. 'surety) P.O. ~ox 88288, Atlanta, Georgia 30335 (Adar8SS of Surety) hereinatter e.ll.~ SUrG~y, are held and firmly bound unto the Riohmo~d county Boar~ qtCommi8sioner., City-County Municipal Buildinq, Augu~ta, Georg1a30911, hereinafter calledo~ER, in the penal sum of Two Hundred Four Thousa d E' ht Hundred E' ht -Two and 3 100 'dollars , 204 :,€82 "to - n aw \l money of . n 9c1Sta as, for the paym$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$,cOVanahts,' tenu, Oondition,. and aqree1'llents of ga1eS contract,dur1ng the oriqinal term thereof and any extensions thereot Whioh ,may be qrantBd by ,the. OWN!fl, with or withou~ notioe to the S~e~y and during the one year guaranty period' and it he shall .at1~ty all claims and de~ands inQurred under such oontraet and .hall tUlly,ind.-n1ty and eave harmless 'the OWNER from all C08~d an4 daDa9.e wh10hit may .utter ~y rea.on of 'failure to 'dO co and shall re1mhur.. and repay the Own.~ all outlay and expense whioh ~h. OWNER .ay inour in makinq qood, any detaul t, then this. ob11qation .shall be Void; otherwise to rellulin'in full foroa and effect. , , 'PROVIDED J'UR.THEJ\, that .th. said Surety, tor value received hereby stipulat.. 'anlS 'aqre.. ~hat. no ohang., extension ot time, ,alteration. or ad~ition ~o the terms of thecontraot or to work to be' performed thereunder or the .pecif1cat1on,saoc:ompanyinq thesatne shall be in ~ny,' way attect it. obliqat1on on thi. bond ~nd it do..h.re~y waive not1ae PP'B-l ~ t , of 'aJ\Y"~8Ue:h Qh$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;-.';, %.. .2 : ;-.....' ,;;.~.~ ~~ \ ;:- ~ . :;~:; ~):_~ Z~ ~ 1\~ST ' :;...' -:,::". '""') ~ ,;, E g; _ . _~ ~... -...:r ";~ ,!'~::;' _ ..........,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 . 1 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 PYB""o 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- -:-/~ ':~'<> % '- .: ~' - <f"o ~~ ~ ~ ~~;;' 5 f~~~-~ ~ -" :'~ '"tIC' - ;.'" i ~ ,r:.;. -: -':"~~_j":"'''- .~f2' secret,ary., -: '": \ ~......"....;;: -"',.,..........,. ....,...~_......."..' "(',,\ :;. " i claim mAY be \ln~ati.fi.d, Johnson' Utilities, Inc. ~~~~.. B~0, ' P . 0 . ox 377' " ,Addre$8 (1)- -- 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~~ " ',/ // ' /' /' r ( -~,/ // C' ...) , / ~,/ ,t" Vi' I .0;_,;', /~, i yo-).;/,. .' ".. - ,,~ . '-- '-- _. '/---L '0 . ( (_ . ,-.;: "7 -- Surety Secratary . I,; j , , } :;J -'I..~',J.: ' .', '..' . I" . . :.\ ,~;I~,?, ~~::r:~~: .;{~~:,~. , I ; i ( 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 : pyEJ-2 i'- ''\, 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 - I I I I I' I,: I I I I I I I I I I I I I 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.:. ,;.. ~-:. .... >>,,'" ~, ~ ...~ ~~ -'{~ ::::::=:~ ~ ~: - ~..:::. !- ~~: ::: :; --- -.. ~ 0 ~ ~- ~ ;:~ ~ ':':., ~.:-~_._-:_-:::/:~/f \I , ,_fii'";\i' .' ' ( SEAL) 7+-es,ckJ-A T NAME: 'ADDRESS:Y()""Be) t, 377 C "Crl~ Jla I NAME 71) "Eol A-2 I I I I I I I I I I I I I I I I I I I 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 PFB-1 I I I I I I: I I I I I I I I I I I I I 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. PFB-2 I I I I I' I I I I I I I I I I I I I I 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 PYB-1 I I I I I I I' I I I I 1 ' I I I I I I I 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. PYB-2 I I I Arricle Numher I 2 I 3 4 I 5 I 6 7 I 8 9 I 10 I II 12 I 13 II 14 15 I 16 17 I I I I I I 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 I I GENERAL CONDITIONS I 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; I Addenda: Written or graphic instmments issued prior to the opening of Bids which clarify, correct or c1l1mge the bidding documents or the Contract Documents. I 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. I I 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, 1 I Bid: The offer or proposal of the bickler submitted on the prescribed fonn setting forth the prices for the Work to be perfonned. I Bonds: Bid, perfonmmce lUld payment bonds and other instmments of security. 1 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. I I 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, I I I I I 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. 2 I I Laws and Re(!ldatiol/.\'. Laws or Rer!Ulations: Laws, mles, regulations, ordinances, codes and/or orders. I 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. I I 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. I I 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. I 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. I I 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. 1 Residem Proiect Rep/"t'sent(/rive: The authorized representative of ENGINEER who is assigned to the site or lU1Y part thereof. I 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. I I I 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, I I Suhcontractor: An individual, finn or corporation having a direct contract with CONTRACTOR or with MY other Subcontmctor for the perfonllance of a part of I I 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 3 I I . 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, I I 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, I I I ARTICLE 2 - PRELlM1NARY MATTERS Delivery of Bonds: I 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, I Copies of Documents: I 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. I I Commencement of Contract Time; Notice to Proceed I 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, I I Starting the Project: I 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, I I I 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. 4 I I Precoflstruction Conference: I 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. I I I Finalizing Schedules: I 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. I I I I I ARTICLE 3 CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE Intent: I 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. I I 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- I I I I 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 5 I I 3.4.3. a Work Directive Change (pursuant to paragraph 10,1), I, 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. I 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: I, I' 3,5.1. a Field Order (pursuant to paragraph 9,5), I 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27) or I 3.5.3, ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). I Reuse of Documents: I 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, I I I I ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDlTrONS: REFERENCE POINTS I A vailability of Lands: I 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 I I 1 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 6 I I 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, I I 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. I I, 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. 1 I 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, I I 1 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. I I I, Physical Conditions-Underground Facilities: I 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: I I I I 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 7 I I 12. I Reference Points: I 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. I I I I ARTICLE 5 - BONDS AND INSURANCE I Performance and Otller Bonds: I 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. I I I I I 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. I I I I 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 8 I I 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 I I I I I 1 I .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. I Owner's Liability Insurance I 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. I' I Property Insurance: I 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 I I I I I 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. 9 I I Waiver of Rights I 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. I I I I I I I 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 I I I' I slUlle. I Receipt and Application of Proceeds: I 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 I I 1 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 10 I I 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, I I, I ARTICLE 6 RESPONSIBILITIES CONTRACTOR'S Supervision and Superintendence: I 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, I I I I 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. I I I Labor, Materials and Equipment: I 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 I I I I I 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 II I I 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, I I I I I I I I I I I I I I I I I 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 12 I I 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. I I I 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, I I I I I I I I I 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, I I . . 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 13 I I 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. I I I Laws and Regulations: I 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 I I I 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. I I I I Taxes: I 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, I I 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 I I I 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 14 I I 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. I I Safety and Protection: I 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: I, I 6.20.1. all employees on the Work and other persons lUld organizations who may be affected therehy; I 6.20.2. all the Work lUld materials lmd equipment to be incorporated therein, whether in storage on or off the site; and I 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, I I 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, I I I I I I I I 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 15 I I similar data to enable ENGINEER to revIew the infonnation as required, I 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, I I I I 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, I I I 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. I I I 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 I I I I I I 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 16 I 1 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. I I: 1 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. I I I I 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. I I ARTICLE 7 - OTHER WORK 1 ReLated Work at Site: I 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. I I I I 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 I I 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. 17 I I 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. I I 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. I I 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. I I 1 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, I 8.6. OWNER is obligate{\to execute Change Orders as indicate{1 in paragraph 10.4 I 8.7, OWNER's responsibility in respect of certain impectiol1~, tests IUld approvals is set forth in paragraph 13.4, I 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. I I ARTICLE 9 - ENGINEER'S STATUS DURING CONSTR lJCTI ON I Owner's Representative: I 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, I I I 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 18 I I 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, I I I I Rejecting Defective Work: I 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, I I 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. I 9.8. In cOlUlection with ENGINEER's responsihilities as to Change Orders, see Articles 10, II iUld 12. I 9.9, In connection with ENGINEER's responsihilities in respect of Applications for Payment, etc., see Article 14, I Determinations for Unit Prices: I 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. I I I Decisions on Disputes: I 9.11. ENGINEER will he the initial interpreter of the requirements of the Contract Documents <md judge of I I 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 19 I I 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. I I I I 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, I I 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. I I ARTICLE 10 - CHANGES IN THE WORK 1 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), I I I \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, I I 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 I I 1 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 20 I I 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, I I I I I I 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; I 1 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). I I 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). I 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), I I Cost of the Work: I 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: I I I 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. 21 I I 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. I I 11.4,5. Supplemental costs including the following: I 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, I 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, I I I 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. I I I I 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. I I 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. I I 11.4.5.6. Losses mld damages (mld related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained I I 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 22 I I TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK I I Warranty and Guarantee: I 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. I I Access to Work: I 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. I Tests and Inspections: I 13,3, CONTRACTOR shall give ENGINEER timely notictl of readiness of the Work for all required inspections, tests or approvals, I 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). I I I I I I 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 I I 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. 25 I I Owner May Stop the Work: I 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. I I I Correction or RemovaL of Defective Work: I 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, I I I One Year Correction Period: I 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 I I I I I I I I 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 26 I I 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, I I I I I I I ARTICLE 14 - PA YlVIENTS TO CONTRACTOR AND COMPLETION I Schedule of Values: I 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 I I Application for Progress Payment: I 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 I I I I I 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 27 I I 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, 1 1 I: I 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 1 I 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: I I 1 14.7.1. the Work is defecrive, or completed Work has been damaged requiring correction or replact:ment. I I 14,7.2. the Contract Price has been reduced by Written Amendment or CluU1ge Order, I 14.7,}, OWNER hll~ been required to correct defecrive Work 'or complete Work 111 accordlUlct: with' paragraph 13.14, or I 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. I 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 I I I 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 28 I I CONTRACTOR until tinal payment. I 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. 1 Partial Utilization: I 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: I I I 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. I I I I I I I I I I I 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. 29 I I Final Application for Payment: I 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, I I I I I I I I FinaL Payment and Acceptance: I' 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, I I I I I I I 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 30 I 1 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 1 I I 1 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing IUld still unsettled. I 1 I ARTICLE IS - SUSPENSION OF "YORK AND TERMINATION Owner May Suspend Work: 1 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. I I I OWNER May Terminate: I 15.2, Upon the occurrence of IUlY one or more of the following events: I 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: I I I I 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 31 I I 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. I I I I I I I 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, I I 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). I I I Contractor May Stop Work or Terminate: I 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 I I I 1 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. 32 I I General: I 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. I I I 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, I 1 I 1 I 1 I I I I I I I 33 I I I I I I I I I I 1 I ' I I I I I I I 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 I I I I I: I', I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 1 I I 1 I' 1 I I I I I I I I I I I 1 I 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 1 I I I I I I I I I I I I I I I I I I 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 I I I I 1 1 I I I I I 1 I I I I 1 I I 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 1 I I I I' 1 I I I I I I I I' I I I I I 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 \ . match the surface of adJacent pavement. I 'I I I I 1 I I I I I I I I I I I I I 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. I I I I I 1 I I I I I I I I I I I I I 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. I I I I I I I I 1 I I I I I I I I I I q 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 I I I I I I I I I I I I I I I I I I I - 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. I I I I I I I I I I I I I I I I I I I 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- I I I I I I I I I I I I I I I I I I I 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: ! I 1 I I 1 I I I I 1 1 I I 1 I I I I I 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: / I I I I I I I I I I I 1 I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 1 I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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. I I I I I I I I I I 1 I I I I I I I I 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.