HomeMy WebLinkAboutMABUS BROTHERS TURKNETT SPRING DETENTION BASIN
Augusta Richmond GA
DOCUMENT NAME: meJy,()\tO....r~:k~vYl Of \VO- h'Sl'Y) i-HoJ
DOCUMENT TYPE: ~ em 0 \(0- rc\ ll. V'YJ
YEAR: 1---0 D t
BOX NUMBER: \ ~
FILE NUMBER: \ 65 C1 ~
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NUMBER OF PAGES:
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Public Works and Engineering Department
Teresa C. Smith, P.E., Director
Pre-Construction Section
Sandra Grimes
Pre-Construction Engineer
1815 Marvin Griffin Road
Augusta, Georgia 30906
(706) 796-5040 Fax (706) 796-5045
MEMORANDUM OF TRANSMITTAL
Date:
To:
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Le,^o.. ~O,^V'\-e~ I c..\-e(i/c ~ CO,^^\M\.S SI'OV\
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We are sending you ~hed 0 under separate cover:
Subject:
Project No.:
File Reference No.:
# Copies Dated Description
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BID ITEM # 01-086 #13
TURKNETT SPRINGS DETENTION BASIN
BID OPENING: WED, JUNE 6 @ 3:00PM
COST: $15.00 NON REFUNDABLE
CONTRACT
- -,
U U L U lVl.r..,l~ l' u
FOR
TURKNETT SPRING
DETENTI'ON BASIN
PROJECT NO.
327-04~296812007
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INVITATION TO BID
Sealed Bids will be received in this office until 3:00 p.E!,., W~dnesday, June 6,2001 for the construction of
drainage improvements, and appurtenances, hereinafter referred to as project name:
BID ITEM #01-086 Turknett Springs Detention Basin, Project Number: 327-04-296812007 for City of
Augusta Public Works Department
Bids will be received by the City of Augusta CODlmission hereinafter referred to as the OWNER at the offices
of:
Geri A. Sams
The City of Augusta Purchasing Department
530 Greene Street - Room 605
Augusta, Georgia 30911
At the time and place noted above the proposals will be publicly opened and "read.
Bidding documents may be obtained at the office of The City of Augusta Purchasing Department, 530
Greene Street:"" Room 605, Augusta, GA 30911. Copies maybe obtained upon payment of $15.00 non-
refundable per set.. Bid documents maybe examined by appointment only during regular business hours
at the office of Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, City of Augusta
Purchasing Department, Dodge Plan Room and Augusta Builder'.
It is the wish of the Owner that minority businesses are given the opportunity to bid on the various parts of
_ the wor:k. This desire on the part of the.Owner is not intendedjo restrict or limit competitive bidding.or to
increase the cost of the work. The Owner supports a healthy free market system that seeks to include
responsible businesses and provide ample opportunity for business growth and development.
No Bid may be withdrawn for a period of 60 d~ys after tie has beell called on the date of opening. A 10%
bid bond is required to be submitted in a separate envelope so marked along with the bidders qualifications;
a 100% performance bond and a 100% payment bond will be required for award.
The Owners reserves the right to reject any or all bids and to waive technicalities and informalities. Please
mark Bid Item #01-086 and Project Name 0'" the outside of the envelope.
Any objections to the specifications as set forth should be filed in writing prior to bid opening.
GERI A. SAMS, Purchasing Director
Publish:
Augusta Chronicle
Augusta Focus
- May 3,10,17,24; 2001
- May 3, 2001
cc:
Brenda Byrd-Pelaez
Teresa Smith
Drew Goins
- City of Augusta Equal Opportunity
- City of Augusta Public Works Director
- City of Augusta Public Works Engineering
J
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AlA Document A312
Performance Bond Bond 11SB103602321
Conforms with the American Institute of Architects, AlA Document A3 12.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Mabus Brothers Construction Co, Inc
920 Molly Pond RD, Augusta, GA 30901
OWNER (Name and Address):
Augusta-~ichmond County Commission
530'Greene St, Augusta, GA
CONSTRUCTION CONTRACT
Date:
Amount: $538,110.08
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
Description (Name and Location): Turknett Springs Detention Basin - 327-07-296812007, Augusta, GA
BOND
Date (Not earlier than Construction Contract Date):
Amount: $538,110.08
Modifications to this Bond:
CONTRACTOR AS PRJNCIPAL
Company: ,,".c-:~"'';;~>Y'''' (Corporate Seal)
4..~"~.'<c:;\ 4.... J::.1,JR:. '''~
Mabus Br'others'ConSfruction Co, Inc
~~ J."~'" -,/' '-~.. '~'~
~~.)~"'. ~~~,.. ~ ..... ~~
E~ ,1> ~~ "," 7/1Y~~:' ~
Signature:.;' ~,~.-.;.
Nam~a@~itl~:';:.~~75 P~~'SltJENT, L/if?I(~
(Any a,gdjtio.nai signaTUres a15 ~ar on page 2.)
~..c_ ':"'~~ .-' ~ .~
(FOR INE0RMATION'ONL..y - Name, Address an
..., -:~/,~ ""'....', ........
Telephone}4QENTOr~.R0KER: Palmer & Cay of Georgia, Inc
p, 0, Box 52427;Atl~mta, GA 30355
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation under this Bond
shall arise after: '
3.1 The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with the Contractor and the Surety to be held not'
later than fifteen days after receipt of such notice to discuss methods of
performing the Construction Contract. If the Owner, the Contractor and
the Surety agree, the Contractor shall be allowed a reasonable time to -
SURETY 5026 (6-92)
S.18521GEEF2I98
P,age 1 of 2
Q9 None
o See Page ~
.,",
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5~';- ....
SURETY :: ~ _ :'. ,,; _
Company: Travelers Casualty ? ~-; 'r(C6rpprate Seal)~
and Surety Company of America ~ -; ~ '~"J"~r J; : _ ~
~,,/I ~ // ));\. /~/~ >/
Signature: t/V-/V y~/~~.::~
Name and Title: W. G. Van Buskirk, AttorneY',ih~f:acl,.\,,-,,:'-
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
perfonn the Construction Contract, but such an agreement shall
not waive the Owner's right, if any, subsequently to declare a
Contractor Default; and
3.2 The Owner has declared a Contractor Default and fonnally
tenninated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor -and the Surety have received notice as
provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordance with the tenns of the
Construction Contract or to a contractor selected to perfonn the
Construction Contract in accordance with the tenns of the
contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of the
following actions:
;;C. 'i
4.1 Arrange for the Contractor, with consent of the Owner, to perform
and complete the Construction Contract; or
4,2 Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a ccintractto be
prepared for execution by the Owner and the contractor selected with
the Owner's concurrence, to be secured with performance and payment
bonds executed by a qualified surety equivalent to the bonds issued on
the Construction Contract, and pay to the Owner the amount of
damages as described in Paragraph 6 in excess of the Balance of the
Contract Price incurred by the Owner resulting from the Contractor's
default; or
4.4 Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under the
circumstances: "
.1 After investigation, determine the amount for which it
may be liable to the Owner and, as soon as practicable
after the amount is determined, tender payment therefor to
the Owner; or
.2 Deny liability in whole or in part and notify the Owner
citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on this
Bond fifteen days after receipt of an additional written notice from the
Owner to the Surety demanding that the Surety perform its obligations
under this Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in Subparagraph
4.4,. and the Owner refuses the payment tendered or the Surety has denied
liability, in whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner,
6 After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph
4,1, 4.2, or 4,3 above, then the .responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages on
the Construction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or failure
to actofthe Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor,
MODIFICA TIONS TO THIS BOND ARE AS FOLLOWS:
7 The Surety shall not be liable to the Owner or others for obligations of
the Contractor that are unrelated to the Construction Contract and the
Balance of the Contract Price shall not be reduced or set off on ~ccount of
any such unrelated obligations, No right of action shall accrue on this Bond
to any person or entity other than the Owner or its heirs executors
administrators or successors, ' . '
8 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
9 . Any proceeding, legal or equitable, under this Bond may be instituted
in any court of competent jurisdiction in the location in which the work or
part of the work is loc~te~ and shall be instituted within two years after
Contr,ac~or Default or wlthm two years after the Contractor ceased working
or ,wlt~m two yea:s after th~ Surety refuses or fails to perform its
obligatIOns under thIS Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation.
available to sureties as a defense in the jurisdiction of the suit shall be
applicable,
10 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page,
11 When this Bond has been furnished to comply with a statutory or
other legal requirement -in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein.
The intent is that this Bond shall be construed as a statutory bond and not
as a common law bond, '
12 DEFINITIONS
12,1 Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made" including allowance to the
Contractor of any amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments made
to or on behalf of the Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all Contract
Documents and changes thereto,
12.3 Contractor Default: Failure of the Contractor, which has
neither been remedied nor waived, to perform or otherwise to comply
with the terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with the
other terms thereof. '
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRlNCIPAL SURETY
Company: . (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-l 8521GEEF 2198
(Corporate Seal)
Signature: Name and Title:
Address:
Page 2 of 2
.it - '"
AlA Document A3l2
Payment Bond Bond 11S8103602321
Conforms with the American Institute of Architects, ALA Document A312,
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable,
. I!
CONTRACTOR (Name and Address):
Mabus Brothers Construction Co., Inc
920 Molly Pond Rd, Augusta, GA 30901
OWNER (Name and Address):
Augusta-Richmond County Commission
530 Greene St, Augusta, GA
CONSTRUCTION CONTRACT
Date:
Amount: $5'38,110.08
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety
Company of America
One Tower Square, Hartford, CT 06183
Description (Name and Location): Turknett Springs Detention Basiri - 327-07-29681007, Augusta, GA
BOND
Date( Not earlier than Construction Contract Date):
Amount: $538,110.08
Modifications to this Bond:
,~....~ f=::7r,".~~,:;,.. '''vp
.....-4"'~~::~ ~:o _tJ. 1/ 7/A, '.1',.......
CONTRAGT0R.AS 'PRlNCWkL
C .......,~~..,..- ""'F::I' -',-".;{" ~
ompany.t-~ ::......,-:-....i./~ --.? ~
- ...::' .....\ . I r.-- , -. -:- '
Mabus :.Bro..tfjer~'~Con.strac!lon
~~~'~~
Signature~ ...~ ~__ _~"__ -
Name and-:'"f,in~~::V;C'E.._ .--~1?it-~ "OEIYT I ,4,e/(Y Goo
r""..8...... ,...,..~,. .._ ~
(Any additionahsig~~.m-!is,a -, ear on page 2.)
(FOR INFORMA TlON ONLY - Name, Address and I
Telephone) AGENT or BROKER:
Palmer & Cay of Georgia, Inc
P.O. Box 52427, Atlanta , GA 30355/
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner to
pay for labor, materials and equipment furnished for use in the performance
of the Construction Contract, which is incorporated herein by reference,
2 With respect to the Owner, this obligation shall be null and void if the
Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity whose claim, demand.
lien or suit is for the payment for labor, materials or equipmen't
furnished for use in the performance of the Construction Contract,
provided the Owner has promptly notified the Contractor and the
Surety (at the address described in Paragraph 12) of any claims,
demands. liens or suits and tendered defense of such claims, demands,
liens or ;uits to the Contractor and the Surety, and provided there is no
Owner Default.
SURETY 5026 (6.92)
S-1853/GEEF 2198
Page 1 of 2
ITI None
o See Page 2
SURETY
Company:Travelers Casual ty ,,/'(Corporate Seal)
and Surety Company of America ;}' ~,,-
Signature: ~4f/~~'..~ -
Name and Title: W. G. Van Buskirk~~_\ .
l'.ttorney in Fact %:';'" _ ,__'-;' ~ _,,',
OWNER'S REPRESENTATIVE (Architect, Engineer Of' 'other'
,party): """'rr,.,.~'-
3 With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for all
sums due.
4 The Surety shall have no obligation to Claimants under this Bond
until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereo( to
the Owner, stating that a claim is being made under this Bond and,
with substantial accuracy, the amount of the claim,
4.2 Claimants who do not have a direct contract with the
Contractor:
.1 Have .furnished written notice to the Contractor and sent a
copy, or notice thereot: to the Owner, within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating, with substantial
accuracv, the amount of the claim and the name of the party
to who~ the materials were furnished or supplied or for
whom the labor was done or performed: and
;:>. . ....
.2 Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid di~ectly or
indirectly; and
.3 Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner
stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to the
Contractor.
5 If a notice required by paragraph 4 is given by Owner to the
Contractor or to the Surety, that is sufficient compliance,
6 When the Claimant has satisfied the conditions of Paragraph 4, the
Surety shall promptly and ,at the Surety's expense take the following
. actions:
6.1 Send an answer to the Claimant, with a copy to the Owner,
within 45 days after receipt of the claim, stating the amounts
that are undisputed and the basis for challenging any amounts
that are disputed.
6,2 Payor arrange for payment of any undisputed amounts,
7 The Surety's total obligation shall not exceed the amount of this Bond,
and the amount of this Bond shall be credited for any payments made in
good faith by the Surety,
8 Amounts owed by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Contract and
to satisty claims, if any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that
all funds earned by the Contractor in the performance of the Construction
Contract are dedicated to satisty obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to use the funds for
the completion of the work,
9 The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction
Contract. The Owner shall not be liable for payment of any costs or
expenses of any Claimant under this Bond, and shall have under this bond
no obligations to make payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations,
11 No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
the work or part of the work is located or after the expiration of one year
from the date (I) on which the Claimant gave the notice required by
Subparagraph 4, I or Clause 4,2,3, or (2) on which the last labor or service
was performed by anyone or the laSt materials or equipment were furnished
by anyone under the Construction Contract, whichever of (I) or (2) first
occurs, If the provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable,
12 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page, Actual rec;eipt of
notice by Surety, the Owner or the Contractor, however accomplished,
shall be sufficient compliance as of the date received at the address shown
on the signature page.
13 When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed '
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
14 Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of
this Bond or shall permit a copy to be made. '
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract
with the Contractor or with a subcontractor of the Contractor to
furnish labor, materials, or equipment for use in the performance of
the Contract. The intent of this Bond shall be to include without
limitation in terms "labor, materials or equipment" that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental
equipment used in the Construction Contract, architectural and
engineering services required for performance of the work of the
Contractor and the Contractor's subcontractors, and all other items for
which a mechanic's lien may be asserted in the jurisdiction where the
labor, materials or equipment were furnished,
15.2 Construction Contract: The agreement between the Owner
and the Contractor identified on the signature page, including all
Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the' Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof
(Spate is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-1853/GEEF 2/98
Page 2 of 2
(Corporate Seal)
Signature:
Name and Title:
Address:
..,.. TRA VELERS CASUALTY A.l',j"D SURETY COl\1FANY OF AJ,'YfERICA
TRA VELERS CASUALT-\Z-:4.:i'ID'SURETY COlVIPA.l'\TY
FARMJNGTOt'l'-f~SUALl'~Y: Cl:>MP A.NY
Ha rtfola,.:.C~un'eci:; ~ii f-O~ [83~9062
TRAVELERS CASUALT,Y Ai'fD SURE~Y CQMP~'\TY OF ILLINOIS
Na~rvilIe, llliii-iiis::60563.-8458
= --"'" - ";;:" - - =
-= : ........ -. .. .:;
POWER OF ATTORNEY AND CER'EIF-ICATR'-'OJi' AUtHO~RITY OF ATTOR.t~EY(S)-lN-FACT
, \~~.~"""--~"'<~: ./
KNOW ALL PERSONS BY THESE PRESENTS, 'PRAT-, TRAVELERS CASUALTY AND SURETY COMPANY OF
4',/ ~ -\or. . .,,).,. ,
AMERICA, TRAVELERS CASUALTY AND SURETY...C.o.lV1P:ANY and FARMINGTON CASUALTY COl\1PANY,
corporations duly organized under tJ,1e laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, ,State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPA.NY OF ILL.INOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the "Companies") hath m~de, constituted and appointed, and do by these presents make,
constitute and appoint: W. Pat Hopkins, Jr., W. G. Van Buskirk, James R Williams, Cynthia M, Ward or Renee A. Lauth * *
of Atlanta, GA, their tiueand lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
aclmowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
the following instrument(s):
by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the.same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the follO\ving Standing Resolutions of said Companies, which Resolutions are
now in full force and effect: '.
VOTED:, That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign wi'th the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her. .
VOTED: That the Chairrnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part o(the foregoing authority to one or more officers or employees of this Compariy, provided that each such delegation. is
in writing and a copy. thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, theCarparate Secretary ar any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (llilder seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority,
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by, authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUAL TY A.t~D' SURETY COMPANY OF
A"IVlERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASl!ALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COlVJllANY OF U,LINOIS, which Resolution is now in full force and effect:
YOTED: . That. the si~ature of each of the following officers:- President, any Executive Vice President, .my Senior Vice President,' any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the' Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and llildertakings and other vvritings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile ,seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(8-97)
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LIST OF PROJECT DOCUMENTS
TURKNETT SPRINGS DETENTION BASIN
Project Number: 327-04-296812007
SECTION
PAGES
Instruction to Bidders
IB-l thruIB-3
Georgia Prompt Pay Act
PPA-l
Minority and Economically
Disadvantaged Business Support
ME-l
Special Conditions
SP-l
Agreement
A-I thru A-4
'../~'
General Conditions
1 thru 33
Supplementary Conditions
SC-l thru SC-2
Proposal
P-l thru P-2
General Notes
G-l thru G-12,
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. SECTION ill
INSTRUCTION TO BIDDERS
ill-OI
GENERAL
All proposals must be presented in a sealed envelope, addressed to the
Owner. The proposal must be filed with the Owner on'or before the time stated in the
invitation for bids. Mailed proposals will be treated in every respect as though filed in
person and will be subject to the same requirements.
Proposals received subsequent to the time stated will be returned
unopened. Prior to the time stated any proposal may be withdrawn at the discretion of
the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids
have been opened, pending the execution of contract with the successful bidder.
ill-02
EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy himself as to the nature
and location of the work, the conformation of the ground, the character, quality and
quantity of the facilities needed preliminary to and during the prosecution of the work,
the general and local conditions, and all other matters which can in any way affect the
work or the cost thereof under the contract. No oral agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of the
contract, shall affect or modify any of the terms or obligations therein.
ill-03
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other prebid
documents will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to the
Director of Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, and to be
. given consideration must be received at least seven working days prior to the date fixed
for the opening of bids. Any and all such interpretations and any supplemental
instructions will be in the form of written addenda to the specifications'which, if issued,
will be sent to the Augusta-Richmond County Purchasing Director at least five
working prior to the date fixed for the opening of bids. The Purchasing Director
shall send by certified mail with return receipt requested to all prospective bidders (at
the respective addresses furnished for such purposes), not later than three working days
prior to the date fixed for the opening of bids. Failure of any bidder to receive any such
addendum or interpretation s~all not relieve such bidder from any obligation under his
bid as submitted. All addenda so issued shall become part of the Contract Documents.
ill-I
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IB-04
PREP ARA nON OF BIDS
Bids shall be submitted on the forms provided and must be signed by the
bidder or his authorized representative. Any corrections to entries made on bid forms
should be initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid forms, unless
specific directions in the advertisement, on the bid form, or in the special specifications
allow for partial bids. Failure to quote on all items may disqualify the qid. When
quotations on all items are not required, bidders shall insert the works "no bid" where
appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already
submitted will be allowed if submitted by telegraph prior to the time fixed in the
Invitation for Bids. Modifications shall be submitted as such, and shall'not reveal the
total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all
owners. Bids of corporations will be signed by an officer of the firm and his signature
attested by the secretary thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bonds is required in illLcases.
IB-OS
BASIS OF AWARD
. .
The bids will be compared on the basis of unit prices, as extended, which
will include and cover the furnishing of all material and the performance of all labor
requisite or proper, and completing of all 'the work called for under the accompanying
contract, and in the manner set forth and described in the specifications.
Where estimated, quantities are included in certain items of the proposal,
they are for the purpose of comparing bids. . While they are believed to be close
approximations, they are not guaranteed. It is the responsibiliry of the Contractor to
check all items of construction. In case of error in extension of prices in a proposal, unit
bid prices shall govern.
IB-2
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IB-06
BIDDER'S OUALIFICATIONS
, .
No proposal will,bereceived from any bidder unless he can present
satisfactory evidence that he is skilled in work of a similar nature to that covered by the
contract and has sufficient assets to meet all obligations to be incurred in carrying out the
work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL
EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to
working capital available, plant equipment, and his experience and 'general qualifications.
The owner may make such investigations as are deemed necessary to determine the
ability of the bidder to perform the work and the bidder shall furnish to him all such
additional information and data for this purpose as may be requested. The Owner
reserves the right to reject any bid if the evidence submitted by the bidder or investigation
of him fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein. Part of the
evidence required above shall consist of a list of the names and addresses of not less than
fi ve (5) firms or corporations for which the bidder has done similar work.
IB-07
PERFORMANCE BOND.
At the time of entering into the contract, the Contractor shall give bond to
the owner for the use of the owner and all persons doing work or furnishing skill, tools,
machinery or materials under or forthe purpose of such contract, conditional for the
payment as they become due, of all Just claims for such work, tools, machinery, skill and
. terms, for saving the owner harmless from all cost and charges that may accrue on
account of the doing of the work specified, and for compliance with the laws pertaining
thereto. Said bond shall be for the amount of the contract satisfactory to the owner and
authorized by law to do business in the State of Georgia. '
Attorneys~in-fact who sign bonds must file with each copy thereof, a
certified and effectively,dated copy ofthe power of attorney.
. IB-08
REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as
soon as practicable, provided satisfCictory bids are received. The right is reserved, .
however to waive any informalit.ies in .bidding, to reject any and all proposals, or to
accept a bid other than the lowest submitted if such action is deemed to be in the best
interest of the Owner.
IB-3
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GEORGIA PROMPT PAY Act
This Agreement is intended by the Parties to, and does, supersede any and all provisions
of the Georgia Prompt Pay Act, a.c.G.A. Section 13-11-1, et seq. In the event any
provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the
. . - .
provision of this Agreement shall control.
All claims, disputes and other matters in question between the Owner and the Contractor
arising out of or relating to the-Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond Courit, Georgia. The Contractor" by executing this
Agreement, specifically consents to venue in Richmond County and waives any right to
contest the venue in the Superior Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to this' Agreement and
Contractor specifically waives any claim to same.
NOTICE
All references in this document, which includes all papers, writings,' drawings, plans or
photographs to be used in connection with this document, to "Richmond County Board of
Commissioners" shall be deemed to mean "Augusta Richmond County Commission-
Council.and all references to "Chaimian" shall be deemed to mean "Mayor".
DISPOSALS
Prior to any material from this project being wasted or otheIWise disposed of outside the
project limits the Contractor shall furnish the Engineer a copy of written permission,
. signed by the property owner (or his authorized agent) describing the estimated amount
and type of material to be placed on said property. If any portland cement concrete,
asphaltic concrete, wood or other such materials are to be wasted on the property, a copy
of the owner's inert landfill permit, .issued, by the Environmental Protection Division shall
be furnished to the Engineer prior to any s\lch waste being removed from the project.
In all cases, regardless of the mat~rial being wasted" a grading permit issued by Augusta
Richmond County must be furnished to the Engineer.
PPA-I
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MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County-Council to increase the
involvement of qualified minority and economically disadvantaged businesses in the
contracted work of County Government.
In an effort to support this intention, this project is offered to illLqualified firms.
The bids will be evaluated based on qualifications, price and construction time. With all
other items being considered equal, the contract, if awarded, will be awarded to a
mmority and economically disadvantaged firm or a firm that has included such firms as
subcontractors on this project. '
The bidders shall include with their bid, a statement of qualification for
themselves and/or any qualified subcontractors explaining why they should be considered
a minority or economically disadvantaged firm. If the firm does not fall into this
category, no information is necessary.
ME-l
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TURKNETT SPRINGS DETENTION BASIN
Project No: 327-04-296812007
" SPECIAL CONDITIONS
SCOPE:
This project consists primarily of the dredging of accumulated silt to be
stored on site along with associated storm drainage piping, structures,
dewatering system, grading, fencing. and soil erosion and sedimentation
control. The Contractor shall furnish all material, equipment, labor and
supervision needed to properly complete the project.
LUMP SUM CONSTRUCTION:
Item Number ,230-1000. Lump Sum Construction, includes, but is, not
limited to, dredging, maintaining disposal area, grassing, construction
layout, removals and relocations not covered by a pay item and as shown
on drawing No.2 of the plans. With submittal of the bid on the project,
the Contractor shall submit a breakdown oflump sum construction amount
for the Engineer's use in determining monthly payments due.
STORM DRAIN PIPE:
All Reinforced Concrete Pipe shall include O-ring gaskets.
CONSTRUCTION SCHEDULING:
The proposed chain link fencing shall be installed before the beginning of
other construction items.
AS-BUILT CONSIDERATIONS:
In addition to the requirement,s of "as-built plans" in the General Notes,
the Contractor shall furnish finished cross sections at one-hundred foot
(100) intervals for the puipose of determining if the dredging of the pond
is complete according to the plan elevations.
RADIO STATION PROPERTY:
No construction activity shall be conducted within sixty-feet (60) of the
radio station building. The Contractor shall be responsible for ,any damage
to strain lines, etc. associated with the operation of the radio station.
SP-l
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SECTION A
AGREEMENT
THIS AGREEMENT, made on the :1!!day of 4tGt/S:T, 2001- by and between
Augusta-Richmond County Commission-Council
party of the first part, hereinafter called the OWNER, and
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter
names, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all of the materials and all of the
equipment and labor necessary, and to perform all of the work shown on the plans and
. described in the specifications for the project entitled:
TURKNETT SPRINGS DETENTION BASIN
327-07-296812007
And in accordance with the requirements and provisions of the Contract Documents as
defined in the General and Special Conditions hereto attached, which are hereby made a
part of this agreement.
ARTICLE II - TIME OF COMPLETION - LIOUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within 10
Calendar days after the date of written notice by the Owner to the Contractor to proceed.
All work shall be completed within 125 calendar days with such extensions of time as are
provided for in the General Conditions.
It is hereby understood and mutUally agreed, by and between the contractor and
the Owner, that the date of beginning, rate of progress and the time for completion of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor
agrees that said work shall be executed regularly; diligently, and uninterruptedly at such
rate of progress as will insure full completion thereof within the'time specified. It is
expressly understood and agreed by and between the Contractor and
the Owner, that the time for compl~tion of the work described herein is a reasonable time
for completion of the same, taking into consideration the average climatic range and
, .
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construction conditions prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO
COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED,- then the
contractor does hereby agree, as a part of the consideration for the awarding of this
contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but
as liquidated damages for such breach of contract as hereinafter set forth, for each and
every calendar day that the contractor shall be in default after the time stipulated in the
Contract for completing tl:Ie work.
The said amount is fixed and agreed upon by and between the Contractor and the
Owner because of the impracticability and extreme difficulty of fixing and ascertaining
the actual damages the Owner would, in such event, sustain, and said amounts shall be
retained froin time to time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this
Contract and the specifications wherein a definite portion and certain length of time is
fixed for the additional time is allowed for the completion of a work, the new time limit
fixed by extension shall be the essence of this contract.
ARTICLE 111- PAYMENT
(a) The Contract Sum
The owner shall pay to the Contractor for the performance of the contract
the amount as stated in the Proposal and Schedule ofItems. No variations
shall be made,in the amount except as set forth in the specifications
attached hereto,
(b) Progress Payment
No later than the fift:p. day of every month,
the Contractor shall submit to the Owner's Engineer, an estimate covering the percentage
. of the total amount of the contract which has been completed from the start of the job up
to and including the last working day of the proceeding month,' together with such
supporting evidence as may be required by the Owner and/or the Engineer. This
estimate shall include only the quantities in place and at the unit prices as set forth in the
Bid Schedule.
On the vendor run, following approval of the
invoice for payment, the owner shall after deducting previous payments made, pay to the
Contractor 90% of the amount of the estimate on units accepted in place. The 10%
retained percentage may be held by the Owner until the final completion and acceptance
of all work under. the Contract.
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Revised (7/1/99 ,
ARTICLE IV -ACCEPTANCE AND FINAL PAYMENT
(a) Upon receipt of written notice that the work is ready for final inspection
acceptance, the Engineer shall within 10 days, make such inspection and
when he finds the work acceptable under the contract and the contract
fully performed, he will promptly issue a final certificate, over his own
signature, stating that the work required by this, Contract has been
completed and is accepted by him under the terms and conditions thereof,
and the entire balance found to be due the Contractor, including the
retained perc.entage, shall be paid to the Contractor by the owner within 15
days after the date of said final certificate.
(b) Before final payment is due, the Contractor shall submit evidence
satisfactory to the Engineer that all payrolls, material bills, and other
indebtedness connected with work have been paid, except that in case of
disputed indebtedness of liens of evidence of payment of all such disputed
amounts when adjudicated in cases where such payment has not already
been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver
of all claims by the Owner, other than those arising from unsettled liens,
from faulty work appearing within 12 months after final payment, from
requirements of the specifications, or from manufacturer's guarantees. It
shall also constitute a. waiver of all claims by the contractor except those
previously made and still unsettled.
(d). If after the work has been substantially completed, full completion thereof
is materially delayed through no fault of the Contractor, and the Engineer,
so certifies, the Owner shall upon certification of the Engineer, and
without terminating the contract, make payment of the balance due for that
portion of the work fully completed and accepted.
(e) Notwithstanding any provision of the General Conditions, there shall be
no substitution of materials or change in means, methods, techniques,.
sequences or procedures of construction that are not determined to be
equivalent to those. indicated or required in the Contract Document,
without an Amendment to the Contract..
Each payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first
mention~~,;!1-.ove.
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~.
, Secretary
Witness
SEAL
AUGUSTA-RICHMOND COUNTY
COMMISSION-COUNCIL
. ~7er) ~1l9-L i
n Title: Mayor of Augusta-Richrriond-"County
CONTRACTOR: I1t4BUJ 'Blfo'iIfERj 0NS7/V. ~.:Z:;c.
BY:~/~~;;\;'~_~ '~~1A7r_"'",
(~ ' ", '~:'~\"'-~"~';-~'< 0
Title: r((ESIO&N7 2~. ~V" "F. C ~,t:%
-::: _.' ........... r,.J...r~ ~ ".~ =
Address: Q;2o /1!cJtl,'1 flAl/J~#r;l4iJ.-;;:;:~~~/ ~ J
fk ~' -~.~:~;~..._...~ -<~<.;~/:
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number Title
..,
DEFINITIONS, ,. . .,." " ,...,., .""'.,,. ." ...".,..... , .,... ,. ..,
PRELIMIN AR Y MA TIERS ".".""..""."",..".."",.."...
CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE...............................
A V AILABILITY OF LANDS: PHYSICAL CO~DITIONS:
REFERENCE POINTS".".,.,.,.., ,...""...,....,..."..",.,..,
BONDS AN 0 INSURANCE ........................................
CONTRACTOR'S RESPONSIBILITIES."....,."...,..,........,.
OTHER WORK ,., ,.:., "...', "." ,...,..,......,.....,. ,.,......,.
OWNER'S RESPONSIBILITIES".,..,...",..",....,.""..,....,
ENGINEER'S STATUS DURI~G CONSTRUCTION "".,..",."
CHANGES IN THE WORK................,................,......,
CHANGE OF CONTRACT PRICE,..""..,.,.....,.,.",.,."",.,
CHANGE OF CONTRACT TIME..,...................,.."........
WARRANTY AND,GUARANTEE; TESTS AND
INSPECTIONS: CORRECTION. REMOV AL OR
ACCEPTANCE OF DEFECTIVE WORK ,..........................
PA YMENTS TO CONTRACTOR AND COMPLETION "",.......
SUSPENSION OF WORK AND TERMINATION.""" ""."".
ARBITRATION",."......""':..........",,.........,.....,... ..
MISCELLAN EOUS . , ,.- ;.,., , ,..,."..., ,..........." ,. , , , .... ... ,..
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6
7
8
9
10
II
12
13
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15
16
17
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Page
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18
19
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21
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24
26
29
31
32
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INDEX TO GENERAL CONDITIONS
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Anide or Paragraph
Number
Acceptance of Insurance ,............................ 5.13
Access lO the Work ......... . . . . . . . . . . . . . . . . . . . . . . . " 13.2
Addenda.-iefinition of (see definition of
Specifications) ,.,............... ......... ............. I
Agreemenl.-iefinition of ,.......................;....... I
All Risk Insunnce . .. , ... ....... ... ...... . .. .......... .5~6
Amendmenl. Written............................. I. 3.1.1
Application for Paymenl--definition of .................. I
Application for Payment. Final ...................... 14.12
Application for Progress Payment ................:... 14.2
Application for Progress Paymenl-review of '... 14.4-14.7
Arbitration ...........................,................. 16
Authorized Variation in Work......................... 9.5
A vailabililY of Lands .................................. 4.1
A ward. N olice oi'--<lefined .............................. I
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Before Slarting Construction .........,............ 1.5-2. i
Bid-:lefinilion of ,....,.................,............... I
Bonds and Insurance-in general ........................ 5
Bonds---<iefinilion of , . . . . . . . . .. , . . . . . . . . . . . . . . . . . . . . . , . .. I
.Bonds. Delivery or ................................ 1. I. 5. I
Bonds. Pert'ormance and Olher .................... 5.1-5.2
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C.ash Allowances ,.................................... 11.8
Change Order-:lefinilion of ,............. , . . . .. .. . . . . . .. I
Change Orders-to be executed ...................... 10.4
Changes in the Work ."................................. 10
Claims. Waiver of-on Final Payment ............... 14.16
Clarifications and Interpretations '.'........,.......... 9.4
Cleaning .,....,.,...,..,..........",..,............. 6. Ii
Completion. , . , ' . . , . . . . . . . . . . . . . . . . . . , . . . . , . ,. . , . . . , . . " 14
Compielion. SubslantiaI ,...,.......,...,........ 14.8-14.9
Confere'nc::. Preconstruction .,....,.,................. 1.8
Conftic:. Error. Discrepancy-Cuntractor
to Report .,"',....""........,............... 1.5. },}
Construction Machinery. Equipment. elC. ............. 6..+
Continuing Work ..,.,...........................:.... 6.29
Contract Documents-amending and
supplementing ",.,...,... ,."."................ 3,4-3,5
Contract Documents--definilion of ',.,...............". I
Contract Documenls-lntenl ',........,.,......... 3. I -3.3
Contract Documents-Reuse oi ,.,.".."..........,:, 3 ,6'
Contract Price. Change of ,..........................-... II '
Contract Price-:lefinition ,',.........,..,.,........".,. I
Contract Time. Change of ,.......,................"... I:
Contr:lct Time. Cummencement oi ..................., :.3
Contr:lct Time--definition of ..,.....'...,................ 1
Contraclor--derlnition of ,.......,...................,.;. 1
COntr:lClOr May SLOP Work or Terminale ..'.....,.... 15.5
Contractor's Continuing Obligation,.., .............. 14.15
Contraclor's DULY to Report Discrepancy
in Documents ",..,..,......,.................. :.5.3.:
C"ntractor's Fc::e-COSI Plus '" 11.4.5.6. 11.5. I. 11.6-11.:-
Contractor's Liability Insurance ....................... 5.3
COnlr:lCtor's Responsibilities-in general ............'... 6
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Contractor's Warranty of Title. .. .. . .. .... ....... .. ... 14.3
Contractors--other ...................................... 7
Contractual Liability Insurance ........................ 5.4
Coordinating Contractor--definition of ................ 7.4
Coordination ,......................................... 7.4
Copies of Documents. . . . .. . . . . . . . . . . . .. .. .. .. .. . . . . ... 2.:
Correction or Removal of Defective Work ........... 13.1 I
Correction Period. One Year ........................ 13.12
Correction. Removal or Acceptance of Defective
Work-in general ........... ,............... 13.11-13.14
Cost-net decrease ...................:............. 11.6.2
Cost of Work.. . .. . .. .. . .. .. . . .. .. .. .. . .. . ....... 11.4-11.5
Costs. Supplemental, . . . . . . . . . . ;. . . . . .. . ... . . . . . . . .. 11.4.5
Day--definition of ....................................... 1
Defective--dennition of ................................. 1
Defective Work. Acceptance of ..' ................... 13.13
Defective Work. Correction or Removal of .......... 13.11'
Defective Work-in general ............... 13. 14.7, 14.11
Defective Work. Rejecting . ; .. . .. .. .. . .. . . . .. .. .. .. .... 9.6
Definitions ,.................,........................... I
Delivery of Bonds ........ _. . . . . . . . . . . . . . . . . .. . . . . . . ... 2.1
Determination for Unit Prices ........................ 9.10
Disputes, Decisions by Engineer .,.. .............. 9.11-9.12
Documents. Copies of ................................. 2.2
Documents. Record '...... '. . .. . .. . .. . . .. . .. . . . .. . . . .. 6.19
Documents, Reuse ....................................3.6
Drawings--definition oi ................................. I
Easements ,..'..............'....,.................... 4.1
Effective date of Agreement--definition of...... ... .. .... I
Emergencies .........,.....,...:...,.....,........... 6.::
Engineer~efinition oi ,.... '.. .'.. .. .... ...... .., ..... .. .. I
Engineer's Decisions ,....;...................... 9,10-9,12
Engineer's-Notice Work is Acceptable ............. J 4. I3
Engineer's Recommendation of Payment ...... 14,4. 14.13
Engineer's Responsibilities. Limitations
on ................. 6: 6,9.11 , 9.13 -9.16,18.2
Engineer' 5 Status During ConsU'Uction-in general '...,. 9
Equipment. l..1bor, Materials and.., '" ..... ...,... 6.3-6.6
Equivalent Materials and Equipment .......,...,..,... 6.7
Explorations of physical conditions ..,.....,....,...., 4.':
Fee. Contractor's-Costs Plus. ....................... 11.6
Field Order--definilion of ............................... I
Field Order-issued by Engineer ..:............. 3.5.1. 9,5
Final Application for Payment., ._................... 14.12
Final Inspection...........,....:...........,........ 14.11
Final Payment and Acceptance .....;................ 14.13
Final Payment. Recommendation of ........... 14.13-14.14
General Provisions.......,.,.................... 17,3-li.4
, General Requirements--dennition of . . . .. . . . . . . . , . . . . . . .. I
General Requirements-principal
references 10 ,.."............ 2.6.4.4.6.4,6.6-6.7. 6.23
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Giving Notice............... ... ........... ........... 17.1
Guarantee of Work4y Contractor.................~.. 13.1
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Indemnification. . . . . . . . . . .. . .. . . .. .. . .. . .. .. 6.3Q.;6.32. 7.5
Inspection. Final .................................... 14.11
Inspection. Tests and................................. 13.3
Insurance. Bonds and-in general ....................... 5
Insurance. Certificates of ........................... 2.7, 5
Insurance-<:ompleted operations....................... 5.3
Insurance. Contractor's Liability ,.................~... 5.3
Insurance. Contractual LiabilitY ..,..........,......... 5.4
Insurance. Owner's liabilitY .......................... 5.5
Insurance. Property ,...........................:. 5.6-5.13
Insurance-Waiver of Rights .,....................... 5.11
Intent of Contract Documents ...,......; ~....... 3.3.9,14
Interpretations and Clarifications .,.......,............. 9.4
Investigations of physiCal conditions........... ;....... 4.1
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Labor. Materials and Equipment ..........:....... 6.3-6.5
Laws and Regulations-definition of . . . . . . . . . . . . . . . . . . . " 1
wws and Regulations-general....................... 6.14
Liability Insurance-Contractor's ..................... 5.3
Liability Insurance-Owner's ,...............:.'.......5.5
Liens-definitions of ................................ 14,2
Limitations on Engineer's
Responsibilities ..................... 6.6, 9.11. 9.13-9,16
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Materials and equipment-fumished by Contractor .... 6.3
Materials and equipment-not
incorporated in Work .............................. 14.2
Materials or equipment-equivalent ................... 6.7
Miscellaneous Provisions ............................... 17
Multi-prime contracts ..................................: i
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Notic,e, Giving of . .. .......................'......... ..17,1
Notice of Acceptability of Project ,.................. 14.13
Notice of A ward~efinition of ,;......................... I
Notice to Proceed~efinition of .......................,. I
Notice to Proceed-giving of ............... OO'H .. . . ... ~.3
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"Or-Equal" Items ,....,...............................6.7
Other contractors ,."........,..............,.... '. . . . . . . '7
Other work '.. , . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . .' 7
Overtime Work-prohibition of . ; . . . . . . . . . . . ., . . . . . ; . .. 6.3
Owner~efinition of ,,;.................... ..:'...'........ I,
Owner May Correct DefeCTive Work,................ 13.14
Owner May StOp Work,.............., .............. 13.10
Owner May Suspend Work. Terminate .......... 15.1-15A
Owner's Duty to Execute Change Orders ',..........., 11.3
Owner's Liability Insurance ...............;.....;.. ..~. 5,5
Owner's Representative-Engineer to serve as ...,.... 9.1
Owner's Responsibilities-in general ....,...,.,..,...... 8
Owner's Separate Representative at site..,.......,.... 9,]
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Partial Utilization ".,.............................. 14.10
Partial Utilization-Jerinition of '................"... .,.. I
Partial Utilization-Property Insurance ..........,..,. 5,15
Patent Fees Jnd Royalties ............................ 6.1:
Payments. Recommendation of ,....,..... 14.4-14. i, l4, 1 J
Payments to C->ntractor-in general ....,............... 14
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Payments to Contractor-when due ........... 14.4, 14.13
Payments to Contractor-withholding ................ 14.7
Penonnance and oilier Bonds ..................... 5.1-5.2
Permits,...... . .. ....' .. ................................ 6.13
Physical Conditions ........,.....,.................... 4.2
Physical Conditions-Engineer's review ............., 4.2.4
Physical Conditions-existing structures.., .. .. , . .. .. 4.2.2
Physical Conditions-explorations and reports. .. . . .. 4.2.1
Physical Conditions-possible document change ..... 4.2.~
Physical Conaitions-price and time adjustments .... 4.2.5
Physical Conditions-report of differing ............. 4.2.3
Physical Conditions-Underground Facilities ,......... 4.3
Preconstruction Conference ........................... 2.8
Preliminary Matters ,..,................................. 2
Premises. Use of ,........... .................... 6.16-6.18
Price, Change of Contract .............................. II
Price-Contract~efinition of ....,....................... I
Progress Payment. Applications for........... ........ 14.2
Progress Payment-retainage ......................... 14.2
Progress schedule ............... 2.6.1.9.6.6.6.29. 15.2.6
Project-.:1efinition of ..........'......................... I
Project Representation-provision for ................. 9.3
Project Representative, Resident~efinition of .......... 1
Project. Starting the ................................... 2.4
Property Insurance ............................... 5:6-5.13
Property Insurance-Partial Utilization ,.............. 5.15
Property Insurance-Receipt and Application
of Proceeds................;....:... ....... .... 5.12-5.13
Protection. Safety and......... .................. 6.2Q.;6.21
Punch list ..............,.......................,.... 14.11
Recommendation of Payment.................. 14,4. 14.13
Record Documents ................:.................. 6.19
Reference Points ...................................... 4.4
Regulations, Laws and ...........'..... .'...... .... .... 6.14
Rejecting Defective Work ............................. 9.6
Related Work at Site .............................. 7.1-7.3
Remedies Not Exclusive ............................. 17.4
Removal or Correction of Defective Work ........... 13.11
Resident Project Representative-.:1efinition of ,........ .. 1
Resident Project Representative-provision for..,..... 9.3
Responsibilities. Contractor's-in genera! ........,....., 6
Responsibilities. Engineer's-in general ................. 9
Responsibilities. Owner's-in general..............,...., 8
Retainage ."..,..".................................. 14,:2
Reuse of Documents ......,.,......................... 3.5
Rights of Way '...................,...,................ 4,1
Royalties. Patent Fees and ,.......................... 6.11
Safety and Protection,...... 6.20-6.21, 18.1-18.2
Samples '...,..,.,............................,.. 6..23-6.28
Schedule of progress ........ 2.6.1.8-2.9.6.6.6.29. 15.2.6
Schedule of Shop Drawing
submissions,..................... 2.6.1.8-2.9.6..23, 14.1
, Schedule of values ...................... 1.6, 1.8-2.9. 14.1
Schedules. Finalizing .................................. 2.9
Shop Drawings and Samples. .. .... .. ...... .. .... 6.23-6.28
Shop Drawings--Jerinition of , .. ..'....................... 1
Shop Drawings. use to approve
substitutions ...................................... 6.7,J
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Site, Visits to-by Engineer .....................,..... 9.2
Specifications-definition of ............................. I
Starting Construction. Before... . . . . . . . . . .. . . . . . . .. 2.5-2.8
Starting the Project .................................:.. 2.4
Stopping Work-by Contractor........... ............ 15.5
Stopping Work-by Owner.......................... 13.10
Subcontractor-definition of ............. , . . . . . . . . . . . . . .. 1
Subcontractors-in genera! ....................... 6.8-6.11
Subcontracts-required provisions. . . . . . . . . . , . 5.11.1, 6.11
11.4.3
Substantial Completioll--(;ertification of ..:........... 14.8
Substantial Completion-definition of. . . . . . . . .. . . . . . . . . .. I
Substitute or "Or-Equal" Items ....................... 6,7
Subsurface Conditions .... . . . . . . . .. . . . . .. . . . . . , . . .. 4:2-4.3
Supplemental costs ...........................:..... 11.4.5
Supplementary Conditions-definition of ........,....... I
Supplementary Conditions-principal
references to .. 2.2,4.2.5.1. 5.3. 5.6-5.8. 6.3, 6,13, 6.23,
7.4, 9.3,
Supplementing Contract Documents ............... 3.4-3.5
Supplier-detlnition of , . . . . . . . . . . . . . , . . . . .. . . . . . . . . . . . . .. I
Supplier-principal references to ... 3.6.6.5.6.7-6.9.6.20.
6.24.9.13,9.16. 11.8. 13.4, 14.12
Surety~onsent to payment. ... . .. ........... 14.12, 14.14
Surety-Engineer has no duty to ..................... 9.13
Surety-notice to .......................... 10.1. 10.5, 15.2
Surety-qualitlcation of ........................... 5.1-5.2
Suspending Work. by Owner ......................... 15.1
Suspension of Work and Termination-in genera! ....... 15
Superintendent-Contractor's .....:................... 6.2
Supervision and Superintendence .................. 6.1-6.2
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Taxes-Payment by Contractor. . . . . . . . . . . . . . . . . . . . . .. 6.15
Termination-by Contractor.......................... 15.5
Termination-by Owner......................... 15.2-15.4
Termination. Suspension of Work and-in genera! ."... 15
Tests and Inspections ........................... 13 .3-13.7
Time, Change of Contract .............................. 12
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Time, Computation of ................................ 17.2
Time. Contract-definition of ... . . . . . . . ... . . . . . . . . . . . . . .. 1
Uncovering Work............................... 13.8-13.9
Underground Facilities-definition of .................... 1
Underground Facilities-not shown or indicated..... 4.3.2
Underground Facilities-protection of ........... 4.3.6.20
Underground Facilities-shown or indicated. .. .... " 4.3.1
U nit Price W ork-definition of .......................... I
Unit Price Work-genera! ................. 11.9. 14.1. 14.5
Unit Prices ........................................, 11.3.1
U nit Prices, Determinations for. . . .. .. .. . . .. .. .. .. .... 9.10
Use of Premises ................................. 6.16-6.] 8
Utility Owners .......................... 6.13,6.20. 7.2-7.3
Values. Schedule of ......................... 2.6,2.9, 14.1
Variations in Work-Authorized............ 6.25,6.27,9.5
Visits to Site-by Engineer ........................,'... 9.2
Waiver of Claims-on Final Payment................ 14.16,
Waiver of Rights by insured parties ............. 5,10.6.11
Warranty and Guaral1tee-by Contractor.... '......... 13.1
Warranty of Title, Contractor's "..................... 14.3
Work, Access to ........,...................,........ 13.2
Work-by others ........................................ 7
Work Continuing During Disputes .................... 6.29
Work. Cost of ................................... 11.4-11.5
Work-definition of ..................................... 1
Work Directive Change-definition of ................... 1
Work Directive Change-principal ,
references to ............................3.4.3, 10.1-10.2
Work. Neglected by Contractor .......... ........... 13.14
Work. Stopping by Contractor............... ...... ... 15.5
Work. Stopping by Owner ....................... 15,1-15.4
Written Amendment-definition of ~................,..,. I
Written Amendment-principal
references to ..................... 3.4.1. 10.1. 11.2, 12.1
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GENERAL CONDITIONS
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ARTICLE I-DEFINITIONS
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Wherever used in these General Conditions or in the other
Contract Documents the following terms have the me::lnings
indicated which are applicable to both the singular and plural
thereof:
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Addeni/a-Written or graphic instruments issued prior to the
opening of Bids which clarify, correct or change the bidding
documenis or the Contract Documents,
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Agreemellt- The written agreement between OWN ER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to lhe Agreement and made
a part thereof as provided therein.
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.4pplicC/tielll flU' PC/,\'IIlel/t- The form accepted by ENG 1-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porting cdocumentation as is required by the Contract
Documents.
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Bid-The offer or proposal of the bidder. submitted on the
prescribed form setting forth the prices for the Work to be
performed,
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BOllds-Bid. performance and payment bonds and other
instruments of security,
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Change Ordel'-------:A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition, deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Time. issued
on or atter the Effective Date of the Agreement.
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ContrC/('{ Docllments- The Agreement. Addenda (which per-
tain to the Contract Documents). CONTRACTOR's Bid
(including documentation accompanying the Bid and pny post-
Bid documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement. the Bonds.
these General Conditions. the Supplementary Conditions, the'
Specifications and the Drawings as the same are more sp~-
cifically identified in the .-\greement. together with all amend-
ments, modifications and supplements issued pursuant to
paragraphs 3.4 and 3.5 lln or after the Effective Date of the
Agreement. "
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CUllt/'(/('{ Pr;ce- The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated'in the
Agreement (subject to the provisions of paragraph 11.9,1 in
the case of Unit Price Work).
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Cont/'(/('( Till/('- The number of days (computed as provided
in par:lgraphl i. 2) or the date staled in the Agreement for the
completion of the Work,
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CONTRA. CTOR- The person. firm or corpor.llion with whllm,
OWN ER h:ls entered into the Agreement.
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defectil'e-An adjective which when modifying the word Work
refers to Work that .is unsatisfactory. faulty or deficient, or
does not conform to the Contract Documents. or does not
meet the requirements of any inspection. reference standard,
test or approval referred to in, the Contract Documents. or
has been damaged prior to ENGINEER's recommendation
of final payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.101.
Drall'illgs- The drawings which show the character and scope
of the Work to be pertormed and which have been prepared
or approved by ENGINEER and are referred to in the Con-
tract Documents,
Effectil'e Date eif the Agreeme/U- The date indicated in the
Agreement on which it becomes effective. but if no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver,
E.VGINEER- The person. firm or corporation named as such
in the Agreement.
Field Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9,5 but which does not involve a change in the Contract
Price or the Contract Time.
General Requiremenrs-Sections of Division I of the Speci-
fications.
Lall's and Regulations: Laws or Regulations-Laws. rules.
regulations. ordinances. codes and/or orders.
Notice of Award-The written notice by OWNER 10 the
apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein. within the time specified. OWNER will
sign and deli\'er the Agreement.
,Voriel! to Procl!ed-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the date
on which the Contract Time will commence to run and on
, which CONTRACTOR shall start to ~erform CONTRAC-
TOR'S obligations under the Contract'Documents.
OWNER-The public body or authority. corporation. asso-
ciation. firm 0r person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be provided.
Partial Utili:ariulI-Placing a portion of the Work in service
for the purpose for which it is intended (or a related purpose)
before reaching Substantial Completion for all the Work.
Prujeet- The IOtal construction of which the Work 10 be
provided under the Contract Documents may be the \..-hole.
or a 'part as indicated elsewhere in the Contract Documents.
R.'side/U Project Rcpre,H'Iltc/ri\'e- The authorized represc:n-
!ative of E~GINEER who is assigned to the site or any part
thereof.
7
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Shop Drawings-All drawings. diagrams, illustrations.
schedules and other data which are specifically prepared by
or for CONTRACTOR to illustrate some portion of the Work
and all illustrations. brochures. standard schedules, perfor-
mance charts. instructions. diagrams and other information
prepared by a Supplier and submitted by C:ONTRACTOR to
illustrate material or equipment for some portion of the Work.
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Specifications-Those portions of the Contract Documents
consisting of written technical descriptions of materials.
equipment. construction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
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Subconrractor-An individual, firm or cOlj:loration having a
direct contract with CONTRACTOR or with any other Sub-
contractor for the performance of a part of the Work at the
site. '
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S ubstanrial Completion- The Work (or a specified part thereot)
has progressed to the point where. in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certificate.
of Substantial Completion. it is sufficiently complete. in
accordance with the Contract Documents. so that the Work
(or specified part) can be utilized for the purposes for which
it is intended: or if there be no such certificate issued. when
final payment is due in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially com-
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
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Supplemenrary Conditions-The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
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Supplier-A manufacturer, fabricator. supplier. distributor,
materialman or vendor.
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Underground Facilities-All pipelines. conduits. ducts. cables.
wires. manholes. vaults. tanks. tunnels or 'other such facilities
or attachments. and any encasements containing such facil,
ities which have been installed underground to furnish any of
the following services or materials: electricity, gases. steam.
liquid petroleum products. telephone or other cornmunica-'
tions, cable television. sewage and drainage removal. traffic
or other control systems or water. "
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Unit Price Work-Work to be paid for on the basis of unit
prices.
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Work-The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the' resu"lt of per-
forming services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction, all
as required by the Contract Documents.
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Work Directive Change-A written directive to CONTRAC-
TOR. issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER,
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ordering an addition. deletion or revision in the Worle. or
responding to differing or unforeseen physical conditions under
which the Work is to be performed as provided in paragraph
4.2 or 4,3 or to emergencies under paragraph 6,22. A Work
Directive Change may not change the Contract Price or the
Contract Time, .but is evidence that the parties expect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect. if
any. on the Contract Price or Contract Time as provided in
paragraph 10.2.
Written Amendmenr-A written amendment of the Contract
Documents. signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally deal-
. ing with the nonengineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELlMINARY MATTERS
Delivery of Bonds:
1.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Documents:
1.1. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished. upon request, at the cost of reproduction.
Commencemelll of Contract Time: NotiJ:e to Proceed:
2.3. The Contract Time will commence to run on the
thinieth day after the Effecti~e Date of the Agreement. or. if
a .Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thirty days after the Effective Date of the Agree-
ment. I!l no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
SlIUting the Project:
1.4. CONTRACTOR shall stan to perform the Work on
the date when th~ Contract Time commences to run. but no
Work shall b~ done at the site prior to the date on which the
Contract Time commences to run.
Before SlIUting Construction:
1.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
. Dcicuments and check, and verify pertinent figures shown
8
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thereon and all applicable neld measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
alTected thereby: however. CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to report any
contlict. error or discrepancy in the Contract Documents.
unless CONTRACTOR had actual knowledge thereofor should
reasonably have known [hereof.
2.6. Within ten days afterrhe Effective Date of the Agree.
ment (unless otherwise specified in the General Require-
ments). CONTRACTOR shall submit to ENGINEER for
review:
2,6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
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2.6,2. a preliminary schedule of Shop Drawing sub-
missions: and
II
2.6,3, a preliminary schedule of values for all of the
Work which will include quantities and prices 'of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to. serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the,time of sub-
mission.
.
2.7. Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER. with a copy to ENGINEER.
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5,3 and 5.4. and
OWNER shall deliver to CONTRACTOR certificates (and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain ,in
accordance with paragraphs 5,6 and 5,7,
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Preconsrruction Conference:
2.8. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR starts the Work at
the site. a conierence attended by CONTRACTOR. ENGI-
NEER and l){hers as appropriate will be held to discuss the
schedules reierred to in paragraph 2.6. to discuss procedures
for handling Shop Drawings and other submittals and ror
processing Applications for Payment. and to establish a working
understanding among the parties as to the Work.
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Finali:.ing Schedules:
2.9, At least ten days before submission of the tirst Appli-
cation for Payment a conference attended by CONTR.-\C-
TOR. ENGINEER and others as appropriate will b.:hdd to
finaliz.: tho;: ~-:hedul.:s submitted in accordance with para-
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graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time. but such
acceptance will neither impose on ENGINEER responsibility
for the progress or scheduling of the Work nor relieve CON-
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGIN EER as to form and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
Intent:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereot) to be con-
structed in accordance with the Contract Documents. .-\ny
Work. materials or equipment that may reasonabiy be inferred
from the Contract Documents as being required to produce
the intended result will be supplied whether or not specifically
called for, When words which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
or codes of any technical societv, organization or association.
or to the Law~ or Regulations 0'1' any governmental authority.
whether such reference be specific or by implication. shall
mean the latest standard specification. manual. code or Laws
or Regulations in effect at the time of opening of Bids lor, on
the Effective Date of the Agreement if there were no Bidsl.
except as may be otherwise specifically stated, However. no
provision of any referenced standard specification, manual
or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be elTective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGINEER. or any of their consuitants, agents or .:mploy-
ees from those set forth in the Contract Documents. nor shall
it be effective to "ssign to ENGINEER. or any of E;>.lGI-
NEER's consultants. agents or employees, any duty or
authority to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility contrary to the provisions of paragraph 9,15 or 9,16.
Clarifications and interpretations of the Contract Documents
,hall be issued by ENGINEER as provided in paragraph 9A.
3.3. If. during the performance of the Work. CONTRAC-
TOR nnds a contlil.:t. error or discrepancy in the Contract
Documents. CONTRACTOR shall so report [0 ENGINEER
in writing at once and before proceeding with the Work atl'ected
thereby ~"ihall obtain a ~ritlen interpretation or c1aritication
9
from ENGINEER: however. CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to repo" any
conftict. error or discrepancy in the Contract Documents
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof. '
Amending and Suppkmeruing Contract Documents:
3.4. The COl'!tract Documents may be amended to pro-'
vide for additions. deletions and revisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways:
3.4.1. a formal Written Amendment.
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3.4.2. a Change Order (pursuant to paragraph 10.4),
.
or
3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
.
As indicated in paragraphs 11.2 and 12.1, Contract Price arid
Contract Time may only be changed by a Change Order or a
Written Amendment. '
.
3.5. In addition. the requirements of the Contract Docu-
ments may be supplemented. and minor variations and devia-
tions in the Work may be authorized, in one or more ot the
following ways:
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3.5.i. . a Field Order (pursuant to paragraph 9.5),
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3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27), or
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3.5.3. ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
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Reuse of Documents:
3.6. Ne'ither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
nishing any of the Work under a direct or indirect contract
with OWNER shall have or acquire any title to or ownership'
rights in any of the Drawings. Specifications or other docu-
ments (or copies of any thereat) prepared'by or bearing the
seal of ENGINEER; and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
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ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL'
CONDITIONS; REFERENCE POINTS
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A llai14biJiry of Lilruis:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is .to be per-
formed, rights-of-way and easements for access thereto, and
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such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER. unless othel'\Yise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights"of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in A"icle 12. CONTRACTOR shall provide for all
additional lands and access thereto that may be required for
temporary 'construction facilities or storage of materials and
equipment.
Physical Conditions:
4.2.1. Explorations and ReporTS: Reference is made
to the Supplementary Conditions for identification of those
repo"s of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTR.~CTOR may
rely upon the accuracy of the technical data contained in
such repo"s, but not upon nontechnical data. interpreta-'
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6. CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site.
4.2.2. Existing Structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have. been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in .the immediately preceding sentence and in
paragraph 4.:.6. CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to'such structures.
4.2.3. Report of Differing Conditions., If CONTRAC-
TOR believes that:
4.2.3. I. any technical data on which CONTRAC-
TqR is entitled to rely as provided in paragraphs 4.2. [
and 4.2.: is inaccurate. or
4,2.3,2. any physical condition uncovered or
revealed at the site differs materiaJly from that indi-
cated. reflected or referred to in the Contract Docu-
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ments.
CONTRACTOR shall. promptly after becoming aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by para-
graph 6.22), notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
10
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~,2A. ENGINEER's RI!I';l!w: ENGINEER will
promptly review the pertinent conditions. determine the
necessity of obtaining additional explorations 'or tests wi,th
respect thereto and advise OWN ER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and con-
clusions,
4,2,5, Possihle Document Cltlln,~e: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
4,2,6, Possihle Pr;cl! lInd Time Adjl/srmellls: In each
such case. an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles i I and 12. ,
Physical Conditions-Cllderground Facilities:
~,3.1. Shown or IndicaTed: The information and data
shown or indicated in the Contract Documents '...'ith respect
to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER
or ENGINEER by the owners of such Underground Facil-
ities or by others, Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
.U,l.l. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and. '
~,3,1.2, CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina-
tion of the Work with the owners of such U ndergrourid
Facilities during construction. for the safety and, pro-
tection thereof as provided in paragraph 6,20 and
repairing any damage thereto resulting from the Work.
the cost of alI of which will be considered' as having
been included in the Contract Price,
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~,3.2. NOT Shown or Indicated. If an Underground
Facility is uncovered or revealed at or contiguous to the
site which was not shown or indicated in the ,Contract,
Documents and which CONTRACTOR could not reason-
ably have been exp~cted to be aware of. CONTRACTOR
shall. promptly after becoming aware thereof and before
performing ariy Work affected thereby (e:~cept in an emer.
gency as permitted by paragraph 6,221. identify the owner
of such U mkrgrounJ Facility and give written notice thereof
to that own~r and (l) OWNER and ENGINEER. ENGI-
NEER will prompt!\' review the Underground Facility to
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determine the extent to which the Contract Documents
should be modified to reflect and document the conse-
quences of the existence ofth~ Underground Facility. and
the Contract Documents will be amended or supplemented
to the e,uent necessary, During such time. CONTRAC-
TOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time. or both.
to the extent that they are attributable to the e'(istence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of,
If the parties are unable to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles II and 12.
Reference Points:
~.4. 0 WN ER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work, CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER, CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally' qualified personnel.
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5,(, CONTRACTOR shall furnish performance and pay-
ment Bonds. each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
aILCONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due. e.\cept
as otherwise provided by Law or Regulation or by the Con-
tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary C undi-
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Cum-
panies" as. published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts. U.S. Treasury Department. All
Bonds signed by an agent must be accompanied by a certified
copy of the authority to act.
5,1. If the surety on any Bond furnished br CONTR.-\C-
TOR is declared a bankrupt or becomes insolvent or its right
to do business is t~rminated in any state where any part of
11
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.
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the Project is located or it ceases to meet the requirements
of paragraph 5.1, CONTRACTOR shall within five days
thereafter substitute another Bond and Surety, both of which
must be acceptable to OWNER.
C ollD'tU:tJJ,.' S LiabiiUy Insurance:
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide protection from claims set 'forth below which
may arise out of or result from CONTRACTOR's, perfor-
mance aiJd furnishing of the Work and CONTRACTOR's
other obligations under the Contract Documents. whether it
is to be performed or furnished by CONTRACTOR, by any
Subcontractor. by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compen-
sation, disability benefits and other similar employee ben-
~t~ts: .
.
5.3.2. Claims for damages because of bodily injury.
occupational sickness or disease, or death of CONTRAC-
TOR's employees;
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5.3.3. Claims for damages because of bodily injury,
sickness or disease. or death of any person other than
CONTRACTOR's employees; ,
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'f3.4. Claims for damages insured by personal injury
liability coverage which are sustained (a) by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR. or
(bl by any other person for any other reason:
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5.3,5, Claims for damages. other than to the. Work
itself. because of injury to or destruction of tangible prop-'
erty wherever located. including loss of use resulting
therefrom:
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5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages because of bodily injury or death of
any person or for damage to property: and
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5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising Out of the
ownership, maintenance or use of any motor vehicle.'
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The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions. or required by law, whichever is greater.
The comprehensive general liability insurance shall incluae
completed operations insurance. All of the policies of insur-
ance so required to be purchased and maintained (or the
I certificates or other evidence thereoO shall contain a provi-
sion or endorsement that the coverage afforded will not be
cancelled. materially changed or renewal refused until at least
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thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting. removing or
replacing defective Work in accordance with paragraph 13.12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two years after fi,nal payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
COnlractlUli Li.a.biIiry Insuraru:e:
5,4. The comprehensive general liability insurance required
by paragraph 5,3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
Owner's LillbiIiry Insurance:
5.5. OWNER shall be responsible for purchasing and
maintaining 0 WNER' s own liability insurance and. at
OWNER's option. may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Doc,uments.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Re2ulationsl. This insurance shall include the interests
of OWNER. CONTRACTOR. Subcontractors. ENGINEER
and ENGINEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured panies. shall insure
against the perils of fire and extended coverage and shall
include "all risk" insurance for physical loss and damage
including theft. vandalism and malicious mischief. collapse
and water damage, and such other perils as may be provided
. in the Supplementary Conditions. and shall include damages.
losses and expenses arising out of or resulting from any insured
loss or incurred in the repair or replacement of any insured
property (including but not limited to fees and charges of
engineers. architects. attorneys and other professionalsl. If
not covered under the "all risk" insuran'ce or otherwise pro-
vided in the Supplementary Conditions. CONTRAcrOR shall
purchase and maintain similar property insurance on portions
of the Work stored on and off the site or in transit when such
portions of the Work are to beinclu~ed i'n an Application for
Payment.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER.
CONTRACTOR. Subcontractors, ENGINEER AND
ENGINEER's consultants in the Work. allofwhom shall be
listed as insured or additional insured parties.
12
5.8. All the policies of insurance (or the certificates or
other evidence thereot) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and
5,7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
5.9, OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the inten:sts
of CONTRACTOR. Subcontractors or others in the Work to
the extent of any deductible amounts that are provided in the
Supplementary Conditions, The risk of loss within the
deductible amount. will be borne by CONTRACTOR. Sub~
contractOr or others suffering any such loss and if any ofthem
wishes property insurance coverage within the limits of such
amounts. each may purchase and maintain it at the purchas-
er's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy. OWNER shall. if possible. include such insurance. and
the cost,thereof will be charged to CONTRACTORbyappro-
priate Change Order or Wrircen Amendment. Prior'to como'
mencement of the Work at the site. OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWNER.
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Waiver of Rights:
5,11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in'response to paragraphs 5,6 and 5. i and any
other property insurance applicable to the Work. and also
waive all such rights against the SubcontractOrs. ENGI-
NEER. ENGINEER's consultants and all other parties
named as insureds insuch policies for losses and damages
so caused. As required by paragraph 6,11. each subcon-
tract between CONTRACTOR and a Subcontractor' will
contain similar waiver provisions by the Subcontrac.tor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
N EER' s consultants and all other parties named as insureds,
None of the above waivers shall extend to the rights that
any of the insured parties may have to the proceeds of
insurance h.:ld by OWNER as trustee or otherwise pa~:-
able under any policy so issued.
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5,11.2. OWNER and CONTRACTOR intend that any.
policies provided in response to paragraphs'"5.6 and 5.7,
shall protect all of the parties insured and provide,primary
coverage for all losses and damages caused b~: the perils
co\'ered thereby, Accordingly. all such policies shall con-
tain provisions to the elTect that in the event of paymenl
of any loss or damage the insurer will hav~ no rights l)f
reco\'ery a!,:~linst any of the parties named as insureds or
auuitional insureds. and if the insurers require separate
waiver forms to be signed by ENGINEER or ENGI-
NEER's cunsultant OWNER will obtain the same. ami if
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such waiver forms are required of any Subcontractor.
CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds. as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph
5.\3, OWNER shall deposit in a separate account any money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost ther~of covered
by an appropriate Change Order or Written Amendment.
5,\3, OWNER as trustee shall have power to adjust and'
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's e.xercise of this power. If
such objection be made. OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the parties in interest may reach. If required in writing by
any party in interest, OWNER as trustee shall. upon the
occurrence of an insured loss. giye bond for the proper per-
formance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded
by or other provisions of the insurance reql:ired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5,3 and 5A on the basis of its not complying
with the Contract Documents, OWNER shall notify CON-
TRACTOR in writing thereof within ten days ot the date ot
delivery of such certificates to OWNER in accordance with
paragraph 2,7, If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to be pu'rchased and maintained by OWNER
. in accordance with paragraphs 5,6 and 5,7 on the basis of
their not, complying with'the Contract Documents. CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within
th,e time provided shall constitute acceptance of such insur-
ance purchased by the other as complying with the Contract
Documents.
Partial r.:tilitation-Propert)' Insurance:
5,15, If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Comple-
tion oCall the Work. such use or occupancy may be accom-
plished in accordance with paragraph 14.10: provided that no
13
such use or occupancy shall commence before the insurers
providing the property insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insur-
ance shall consent by endorsement on the policy, or policies,
but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
ARTICLE &-CONTRACTOR'S RESPONSIBILITIES
Supervision and SUPf!rintendence:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto
and applying such skills and expertise as may be necessary
to perform the Work in accordance with the Contract Doc-
uments, CONTRACTOR shall be sOlely responsible for the.
means. methods. techniques. sequences and procedures of
construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific mc:ans, method, technique, sequence or procedure
of construction which is indicated in and required by.the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
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6.1. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf, of CON-
TRACTOR. All communications given to the superintendent
shall be as binding as if-given [0 CONTRACTOR.
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Labor, MaJerUUs and Equipment:
6,3, CONTRACTOR shall provide competent. suitably
qualified personnel to survey and layout the' Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shaU at all times maintain good dis~ipline .
and order at the site. Except in connection with the safety or ,..
protection of persons or the Work or property at the'siteor
adjacent thereto. and except as otherwise indicated in the
Contract Documents. all Work at the site shaH be perforyned
during regular working hours. and CONTRACTOR will not
permit overtime work or the performance of Work o'n Sat-
urday. Sunday or any legal holiday without OWNER's writ-,
ten consent given after prior written notice to ENGINEER.
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6.4, Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment. labor. transportation.
construction equipment and machinery. tools. appliances,
fuel. power. light. heat. telephone. water. sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing. performance. testing. stan:up
and completion of the Work.
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6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence (including reports of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed. con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents; but no pro-
vision of any such instructions will be effective to assign to
ENGINEER. or any of ENGINEER's consultants, agents or
employees, any duty or authority to supervise or direct the
fUrnishing or performance of the Work or any duty or author-
ity to under:mke responsibility contrary to the provisions of
paragraph 9.15 or 9.16.
Adjusting Progress Scheduu:
6.6. CONTRACTOR shall submit (0 ENGINEER for
acceptance (to the extent indicated in paragraph ~.9) adjust-
ments in the progress schedule to reflect the impact thereon
of new developments: these win conform generally to the
progress scheduie then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
ora proprietary item or the name of a particular Supplier
the naming of the item is intended to establish the type.
function and quality required. Unless the name is followed
by words indicating. that no substitution is permined..
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
(0 that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material, or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute will perform ade-
quately (he functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec-
ified. The application' will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time, whether or not acceptance of the substitute
for. use in the Work will require a change in any of the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitute and whether
or not incorporation or use of the substitute in connection
wlth the Work is subject to payment of any license fee or
14
royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of all costs that witl result directly or indirectly from
acceptance of such substitute. including costs of redesign
and claims of other contractors affected by the resulting
change. all of which shall be considered by ENGINEER
in evaluating the proposed substitute. ENGINEER may
require CONTRACTOR to furnish at. CONTRACTOR's
expense additional data about the proposed substitute.
6.7,2. If a specific means. method. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR may furnish or
utilize a substitute means. method. sequence. t'echnique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient informacion to allow
ENG IN EER to determine that the substitute proposed is
equivalent to that indicated or required by the Contraci
Documents. The procedure for review by ENGINEER
will be similar to that orovided in paragraph 6.7, I as applied
by ENGlNEER and as may be supplement~d in the Gen-
eral Requirements, ' '0
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6.7,3, ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability. and no
substitute will be ordered. installed or utilized without
ENG lNEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute,
ENGINEER will record time required by ENGINEER
and ENG I;-..rEER's consultants in e,va:uating substitutions
proposed bv CONTRACTOR dnd in making changes in
the Contract Documents occasioned thereby, Whether or
not ENGINEER accepts a proposed substitute.' CON-
TRACTOR shall reimburse OWNER for the charges of
E;-..rGINEER and ENGINEER's consultants for evaluat-
ing each proposed substitute,
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Concerning Subcontractors. Suppliers and Others:
6,8,1. CONTRACTOR shall not employ any Subcon-
tractor. Supplier or other person or organization I including
those acceptable to OWNER and ENGINEER as indi-
cated in paragraph 6.8,:!). whether initially or as a substi.
tute. against whom OWNER or ENGINEER may ha\'e
reasonable objection, CONTRACTOR shall not be required
to employ any Subcontractor. Supplit:r or otht:r person llr
organization to furnish or perform any of the W llrk againsl
whom CONTRACTOR has reasonable objectil1n, .
6.8,2. If the Supplemenlary Conditions require the
identity of certain Subcontractors. Suppliers llr olher per'
sons or organizations (including those who are to furnish
the principal ilems uf materials and cquipmenll to be sub-
mitted to OWN ER in advance of the specifit:d Jate pril1r
totht: E1Tt:ctive Date of the Agreemt:nl for acc.:ptance b\'
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OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWNER's or'ENGINEER's accept-
ance (either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance or objec-
tion in the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute. the
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceplance by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiver of any right of OWNER or ENGl-
NEER to reject Jefe('ril'e Work,
6.9. CONTRACTOR shall be fully responsible [0 OWNER
:lnd ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor. Supplier or other person or
organization. nor shall it creale any obligation on the part of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subcontractor. Supplier or other
person or organization except as may otherwise be required
by Laws and Regulations,
6,10, The divisions and sections of the Specifications and
the identilications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be perfonned by any
specific trade,
6,11, ,-\11 Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to <J,n appropriale agreemenl
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
,OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5,11. CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to pardgraphs ),6 and 5,7,
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and roy-
alties and assume all costs incident to the use in the perfor-
ma~ce of the Work or the incorporation in the Work of any
invention. design. process. producl or device which is lhe
subject of patent rights or copyrights held hy others. If a
particular invention. design. process. product ur device is
specified in the Cuntract Documents for use in tht: pt:rfor-
mance of the Work and iftl) the actual knowledge ufOWN ER
15
or ENGINEER its use is subject to patent rightsorcopyrights
calling for the payment of any license fee or royalty to others.
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold hannless OWNER and ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims, damages. losses and expenses (including
attorneys' fees and court and arbitration costslarising out of
any infringement of patent rights or copyrights incident to
the use in the performance of the Work or resulting from the
incorporation in the Work of any invention. design. process.
product or device not specified in the Contract Documents,
and shall defend all such claims in connection with any alleged
irifringement of such rights. .
.
Permiu:
6.13. Unless otherwise provided in the Supplemencary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR. when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
which are applicable at the time of opening of Bids, or ifth~re
are no Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work. and OWNER shall pay all charges of
such utility owners for capital costs related thereto such as
plant investment fees.
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Laws and Regui4tions:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur.
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations. neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws' or Regulations.
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6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or .
Regulations. CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3,4, If CONTRACTOR _performs any. Work
knowing or having reason to know that it is contrary .to
such Laws or Regulations. and withom such notice to
ENGINEER. CONTRACTOR shall bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri.-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
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Tazes:
I 6.15. CONTRACTOR shall pay all sales..consumer, use
and other similar taxes required to be paid by CONTRAC.
TOR in accordance with the Laws and Regulations of the
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place of the Project which are applicable during the perfor-
mance of the Work.
Use of Premises:
6.16. CONTRACTOR shall' confine construction equip-
ment. the storage of materials and equipment and the oper-
ations' of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations. rights-
of.way, permits and easements. and shall not unreasonably
encumber the premises with construction equipment or other
materials or equipment. CONTRA.CTOR shall assume fuU
responsibility for any damage to any such land or area. or to
the owner or occupant thereof or of any land or areas contig-
uous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or E.."lGINEER
by any such owner or occupant because of the performance
of the Work, CONTRACTOR shall promptly attempt to settle
With such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall. to the
fullest extent permitted by Laws and Regulations. indemnify
and hold OWNER and ENGINEERharmless from and against
all claims, damages. losses and expenses (including, but not
limited to. fees of engineers. architects. attorneys and other
professionals and court and arbitration costs) arising directly.
indirectly or consequentially out of any action, lega! or equi-
table. brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17, During the progress <?fthe Work. CONTRA,CTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remove
all Waste materials, rubbish and .debris from and about the
premises as well as all tools. appliances. construction equip-
ment and machinery. and surplus materials. and shall leave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all property not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall nOI load nor permit any part
of any structure to be loaded in any mannerthat will endanger
the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record Documenls:
6.19, CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings. Specifications,
Addenda. Written Amendments. Change Orders. Work
Directive Changes. Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struction. These record documents together with all approved
samples and a counterPart of all approved Shop Drawings
will be available to ENGINEER for reference. Upon com-
16
pletion of the Work. these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Work, CONTRACTOR shall
take all necessary precautions for the safety oLand shall
provide the necessary protection to prevent damage, injury
or loss ro:
6.20,1, all employees on the Work and other persons
and organizations who may be atl"ected thereby:
6.20,2. all the Work and materials and equipment to
be incorporated therein. whether in storage on or off the
site: and
6,20.3, other property at the site or adjacent ,therero.
including trees. shrubs. lawns. walks. pavements. road.
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
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CONTRACTOR shall comply with all applicable Laws and
Regulations of any pllblic body having jurisdiction for the
safety of persons or property or to protect them from damage.
injury or loss: and. shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners when prosecution ot the Work
may affect them. and shall cooperate with them in the pro-
tection. removal. relocation and replacement of {heir prop-
erty, .-\11 damage. injury or loss to any property referred to
in paragraph 6,20,2 or 6.20..3 caused. directly or indirectl\',
in whole or in part. by CONTRACTOR. any Subcontractor.
Supplier or any other person or organization directly or indi~
rectly employed by any of them to pert'orm or furnish any of
the Work or anyone for whose acts any of them may be liable.
shall be remedied by CONTRACTOR (except damage or 10$s
actributable to the faull of Drawings or SpecificJlions or {O
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose Jcts either
of them mav be liable. and not attributable. directly or indi-
recti\'. in whole or in part. to the fault or negligen~e'of CO;--;~
TR.-\'CTORl. Co'NTRACTOR's duties and responsibilities
for the safety and protection of the Work shall continue until
such time as all the Work is completed and ENGI~EER has
issueu a notice to OWNER nnu CONTRACTOR in accord-,
ance with paragraph 14,13 that the Work is acceptable (except
as otherwise expressly provideu in connection wjlh Substan-
tial Cumpletiun),
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6.21, CONTRACTOR Sh~lll uesign~lle a respl1nsible rep-
resentative at the site whose Juty shall be the pr,:\'ention llf
acciuents, This person shall he CONTRACTOR's superin-
tenuent unless otherwise designated in writing by CON-
TRACTOR to OWN ER.
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Emergencies:
6,22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent thereto.
CONTRACTOR. without special instruction or. authorization
from ENGINEER or OWNER. is obligated to act to prevent
threatened damage. injury or loss, CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes
that any significant changes in the Work or variations from
the Contract Documents have been caused thereby, IfENGI-
NEER determines that a change in the Contract Documents
is required because of the action taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations,
Shop Drawings and Samples;
6.23, After checking and verifying all field measurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions (see para-'
graph 2,9), or for other appropriate action if so indicated in
the Supplementary Conditions. five copies (unless otherwise
specified in the General Requirements) of all Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions will be identified
as ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities, dimen-
sions. specified pert'ormance and design criteria. materials
and similar data to enable ENGINEER to review the infor-
mation as required.
6.24. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause
no delay in Work. all samples required by the Contract Doc-.
uments. All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. S4Pplier.
pertinent data such as catalog numbers and the use for which
intended,
6,25, I. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri-
fied all quantities. dimensions. specified performance cri-
teria. installation requirements. materials. caralog num-
bers and similar data with respec;t thereto and reviewed
or coordinated each Shup Drawing or sample with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents,
6,25,2. At the time llf each submission. CONTRAC,
TOR shall give ENGINEER specitic written notice of each
variatiun that the Shop Drawings or samples m~IY have
from the requirements llf the Cllntract Documents. and.
in additiun. shall cause ;\ specific notation to be maue on
17
each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
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6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and 'samples. but ENGI-
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance
with the information given in the Contract Documents and
shall not extend to means. methods. techniques, sequences
or procedures of construction (except where a specific means.
method, technique. sequence or procedure of construction is
indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CON-
TRACTOR shall make corrections required by ENGINEER.
and shall return the required number of corrected copies of
Shop Drawings and submit as required new samples for review
and approval. CONTRACTOR shall direct specific attemion
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
.
.
6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.15.1 and
ENGINEER has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample' approval: nor'
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.15.1.
.
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6.28. Where a Shop Drawing or sample is required by the
Specifications. .any related Work performed prior to ENGI-.
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR. ,
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Continuing the Work:
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6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER., No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements. except as
permitted by paragraph 15.5 or as CONTRACTOR and.
OWNER may otherwise agree in writing.
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I ruiBmnificalion:
6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims, damages. losses and
expenses. direct. indirect or consequential (including but not.
limited to fees and charges of engineers. architects, attorneys
and other professionals and court and arbitration costs) aris-
ing out of or resulting from the performance of the Work.
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provided that any sU,ch claim, damage, loss or expense (a) is
attributable to bodily injury. sickness. disease or death. OrIO
injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting therefrom and
(b) is caused in whole or in part by any negligent act or
on:Ussion of CONTRACTOR. any Subcontractor, any person
or organization directly or indirectly employed by any of them
to perform or furnish any of the Worle or anyone for whose
. acts any of them may be liable. regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such party,
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants. agents or employees. by
any employee of CONTRACTOR. any Subcontractor, any
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable. the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or type of damages.
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization
under worleers' or workmen's compensation acts. disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER.
ENGINEER's consultants. agents or employees arising out
of the preparation or approval of maps, drawings. opinions.
reports, surveys. Change Orders. designs or specifications.
ARTICLE 7-OTHER WORK
RelaJedWork al Sue:
7. I . OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces. have other work
performed by utility owners or let other direct contracts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contract Documents. written notice thereof will be
given to CONTRACTOR prior to starting any such other
work: and. if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the p~ies are unable to agree
as to the extent thereof, CONTRACTOR may ,make a claim
therefor as provided in Articles 'II and 12.
7.1. CONTRACTOR shall afford each utility owner and
. other contractor who is a party to such a direct contract (or
OWNER, if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such worle. and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting. fitting and patching of
the Work that may be required to make its several parts come
together properly and integrate with such other work. CON-
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TRACTOR shall not endanger any work of others by cutting.
excavating or otherwise al,teririg their work and wlllpnly cut
or alter their work with the written consent of ENGINEER
and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are
for :he benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWN ER and such utility owners and other contractors.
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7,3, If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner (or OWNER). CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and.
results, CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work.
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Coordination:
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7.4, If OWNER contracts with others for the perfor-
mance of other work on the Project at the site. the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions.
and the specific matters to be covered by such authority and
responsibility will be itemized, and the extent of such author~
ity and responsibilities will be provided. in the Supplementary
Conditions, Unless otherwise provided in the Supplementary
Conditions. neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination.
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ARTICLE 8-0WNER"S RESPONSIBILITIES
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8,1, OWNER shall issue all communications .to CON-
TRACTOR through ENGINEER.
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8.2,' In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of tlie former-
ENGINEER. Any dispute in connection with sueh appoint-
ment shall be subject to arbitration.
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8.3, OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs 14,4 and 14.13,
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8,... OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4, I and 4,4, Para.
graph 4,2 refers to OWNER's identifying and making avail-
able to CONTRACTOR copies of reports of explorations and
tests of subsurt'ace conditions at the site and in existing stille-
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tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5,5 through 5,8,
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph IDA,
8,7, OWNER's responsibility in respect of certain
inspections. tests and approvals is set forth in paragraph 13.4.
8,8.' In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.lOand Ij,1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under 'certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING,
CONSTRUCTION
Owner's Representative:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The ,duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
representative during I:llnslrw.;tion an: se:l furth in the: Clln-
tract Documents and shall ,not be extended without written
consent of OWNER and ENGINEER.
Visits to Site:
9,2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction {Q observe
the progress and quality of [he executed Work and to deter-
mine. in general, if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required
to make exhaustive 'or continuous on-sire inspections to check
the quality or quantity of the Work. ENGINEER's dforts
will be directed toward providing for OWNER a grel;lter degree
of confidence that the completed Work will conform to the
Contract Documents, On [he basis of such visits and on-site
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed of the prog-
ress of the Work and will endeavor to guard OWNER against
defects and deficiencies in the Work.
Project Representarion:
9.3, If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Project, Representative to assist
ENGINEER in observing the performance of the Work. The
duties. responsibilities and limitations of authority llf any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions, If OWNER
designates another :lgent to represent OWN ER at the site
who is not ENGINEER's agent or employee. the Juties.
responsibilities and limitations of authority of such other
person will be as provided in the Supplementary Conditiuns.
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Clarifications and InurpnUJlions:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings
or otherwise) as ENGINEER may detennine necessary, which
shall be consistent with or reasonably inferable frotn the
overall intent of the Contract Documents. If CONTRACTOR
believes that a written clarification or interpretation justifies.
an increase in the Contract Price or an extension of the'
Contract Time and the panies are unable to agree to the
amount or extent thereof. CONTRACTOR may make a clai~
therefor as provided in Anicle II or Article 12.
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AUlhoriud Var.ations in Work:
9.5. ENGINEER may authorize minor variations in the
I Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
, Contract Time and are consistent with the overall intent of
the ConCl"act Documents. These may be accomplishedb.y a
Field Order and will be binding on OWNER. and also on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of .
the Contract Time and the parties are unable to agree as to
the amount or extent thereof. CONTRACTOR may make a
claim therefor as provided in Article 11 or 12.
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Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, and
will also have authority to require special inspection orresting
of the Work as provided in paragraph 13.9. whetheror.llot
the Work is fabricated. installed or completed;
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Shop Drawings. Change Orthn and Payments:
'9,7. In connection with ENGINEER's responsibility for
Shop Drawings and samples. see paragraphs 6.23 through,
6.29 inclusive.
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9,8. In connection with ENGINEER's responsibilities as
to Change Orders. see Anicles 10. II and 12. '
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9,9. In connection with ENGINEER's respons'ibilities in
respect of Applications for Payment. etc.. see Article 14.
DetermilUlJions for Unit Prices:
I 9,10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed ,by CON-.
TRACTOR. ENGINEER will review with CONTRACTOR
I ENGINEER's preliminary determinations on such matters'
before rendering a written decision thereon (by recommen-
. dation of an Application for Payment or otherwise), ENGI-
N EER 's written decisions thereon will be final and binding
I upon OWNER and .CONTRACTOR. unless. within ten days
after the date of any such decision. either OWNER or CON-
TRACTOR delivers to the other pany to the Agreement and
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to ENGINEER written notice of intention to appeal from
such a decision,
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability oCthe Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
claims under Anicles II and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal decision
in accordance with this paragraph, which ENGINEER will
re'nder in writing within a reasonable time. Written notice of
each such claim. dispute and other matter will be delivered
by the claimant to ENGINEER and the other pany to the
Agreement promptly (but in no event later than thirty days)
after the occurrence ofth.e event giving rise thereto. and
written supporting data will be submitted to ENGINEER and
the other pany within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.iO and 9.11, ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect
to any such claim. dispute or other matter (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise ha ve under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or other maHer.
,Limitations on ENGINEER's Responsibilities:
9,13. Neither ENGINEER's authority to act under this
Article 90r elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith eitherro exercise
or net exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor. any Supplier. or any other person or organization
performing any of the Work, or to any surety for any of them.
9.14. Whenever in the Contract Documents the terms "as
ordered,", "as directed..." as required", "as allowed", "as
approved" or tenTls of like effect or import are used. or the
adjectives "reasonable", "suitable" ,"acceptable". "proper"
or "'satisfactory" or adjecti,ves of like effect or import are
used to describe a requirement. direction. review or judgment
of ENGINEER as to the Work. it is intended that such
requirement. direction. review or judgment will be solely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wise). The use of any such term or adjective shall not be
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effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary
to the provisions of paragraph 9.15 or 9.16.
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9,15.. ENGINEER will not be responsible for CON-
TRACTOR's means. methods, techniques, sequences or pro-
cedures of construction, or the safety precautions and pro-
grams incident thereto. and ENGINEER will not be respon-
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents,
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9,16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor. any
Supplier. or of any other person or organization performing
or furnishing any of the Work.
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ARTICLE IO-CHANGES IN THE WORK
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10, I. Without invalidating the Agreement and without notice
to anv surety, OWNER may. at any time or from time to
time.' order additions, deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall promptly proceed with the:
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
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10,2. If OWNER and CONTRACTOR are unable to agree
aS,to the extent. if any. of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Change. a claim may be made therefor as provided in Article
[lor Article 12.
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10,3, CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents asamended. modified and supple-
mented as provided in paragraphs 3.4 and 3.5, except in the
case of an emergency as provided in paragraph 6,.22 and
except in the cas~ of ~ncovering Work as provided in para-
graph 13,9,
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lOA, OWNER and CONTRACTOR shall e,xecute appro-
priate Change Orders (or Written Amendments) covering:
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IDA. I, changes in the Work which are ordered by
OWNER pursuant to paragraph 10.1. are required because-
of acceptance of Jeji!('ril'e Work under paragraph IT. U or
correcting dlfecril'e Work under paragraph 13, I.L or are
agreed to by the parties:
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IOA.2. changes in the Contract Price or COnlract Time
which are agreed to by the parties: and
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10.4.3, changes in the Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9,11:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal. CON-
TRACTOR shall carryon the Work and adhere to the prog-
ress schedule as provided in paragraph 6,29,
10.5, If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to. Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notice will be CONTRAC-
TOR's responsibility. and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE ll-CHANGE OF CONTRACT PRICE
11, I, The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work, All duties. responsibil-
ities and obligations assigned to or undertaken by CON-
TR.~CTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the ~laim and stating the lleneral nature of the claim. Notice
of the amount of the cl~im with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise allree on the amount involved. No claIm
t;or an adjustment i~ the Contract Price will be valid if not
submitted in accordance with this paragraph 11,2.
11.3, The value of any Work covered by a Change Order
or of an v claim for an in~rease or decrease in the Contract
Price sh~1I be determined in one of the following ways:
11.3,1. Where the Work involved is covered by unit
prices contained in the Contract Documents. by. applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9,1. through
11.9,3. inclusivel.
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11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and. profit not
necessarily in accordance with paragraph 11.6.2.1).
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11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
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Cost of the Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER. such costs shall be
in amounts no higher than those prevailing in the local icy of
the Project. shaH include only the following items and shall
not include any of the costs itemized in paragraph 11 :5: .
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11.4.1. Payrol1 costs for employees in the direct employ
of CONTRACTOR in [he performance of the Work under
schedules of job classifications agreed upon by 'OWNER
and CONTRACTOR. Payroll COStS for employees not
employed full time on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll ,costs
shall include. but not be limited to, salaries and wages
plus the cost of fringe benefits which shall include social
security contributions. unemployment. excise and payroll
taxes, workers' or workmen's compensation. health and
retirement benefits. bonuses, sick leave. vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours. on Satur-
day, Sundar or legal holidays. shall be included in the
above to the extent authorized by OWNER.
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11.4,2. Cost of all materials and equipment furnished
and incorporated in the Work. including costs of trans-
portation and storage thereof. and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds-
with CONTRACTOR with which to make payments.:in
which case the cash discounts shall accrue to OWNER.
All trade discounts, rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained.
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11,4.3. Payments made by CONTRACTOR to. the
Subcontractors for Work performed by Subcontractors.
If required by OWNER. CONTRACTOR shall .obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine, with the advice of ENGINEER, which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee. the Subcontractor's Cost of the Work
shall be determined in the same manner. as CONTRAC-
TOR's Cost of the Work. All subcontracts shall be subject
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to the other provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
limited to engineers. architects. testing laboratories, sur-
veyors. actorneys and accountants) employed for services
specifically related to the Work.
11.4.5, Supplemental costs including the following:
11.4.5. I. The proportion of necessary transporta-
tion, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.1. Cost. including transporUltion and main-
tenance. of all materials. supplies. equipment. machin-
ery, appliances. office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the Work. and cost
less market value of such items used but not consumed
which remain the property of CONTRACTOR.
11.4.5.3, Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER, and the costs of transportation. loading,
unloading. installation, dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The rental of any such equipment. machin-
ery or parts shall cease when the use thereofis no longer
necessary for the Work.
11.4.5.4, Sales. consumer, use' or similar taxes
related to the Work. and for which CONTRACTOR is
liable. imposed by Laws and Regulations.
11.4.5,5. Deposits lost for causes other than negli-
gence o'f CONTRACTOR, any Subcontractor or any-
one directly or indirectly employed by any of them or
for whose acts any of them may be liable. and royalty
, payments and fees for permits and licenses.
11,4.5,6, Losses and damages (and related
expenses I. not compensated by insurance or otherwise.
-to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the
deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.9), pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR. any Subcontractor. or
anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such
losses shall include settlements ~ade with the written
consent and approval of OWNER. No such losses,
damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRAC-
TOR's Fee. If. however, any such loss or damage
22.
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requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for
services a fee proportionate to [hat stared in paragraph
11,6.2.
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I r..+,), 7. The cost of utilities. fuel and sanitary
facilities at the site.
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110-+,5,8, Minor expenses such as telegrams. long
distance tekphone calls, telephone ser\'ice- at the site~
expressage and similar petty l:ash- items in connection
with the Work,
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11.'+.5,9, Cost of premiums for additional Bonds
and insurance requireu because of changes in [he Wor'k
and premiums for propertv insurance coverage within
the limits of the deductible amounts established b\'
OWNER in accordance with paragraph 5,9, .
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11,5, The term Cost of the Work shall not include anv of
the following: .
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11,5, I. Payroll costs and other compensation of CON-
TRACTOR's officers. executives. principals (ut' partner-
ship and sole proprietorships). I!eneral managers. enci-
neers. architects. estimators. atto-rneys. audito;s. accou-n-
tants. purchasing and contracting agents. expeditors.
timekeepers. clerks and other personnel employed by
CONTR.~CTOR whether at the site or in CONTRAC-
TOR's principal or a branch office for general administra-
tion of the Work and not specificallv included in [he agreed
upon schedule of job classificatio~s referred to in para-
graph 11.4.1 or specifically covered by paragraph II A,4-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
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11.5.2. Expenses \,r CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site,
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Il,5,J,.-\ny part ofCONTRACTOR's capital expenses.
including interest on CONTRACTOR'S capital employe'd
. for the Work and charges against CONTRACTOR for
delinquent payments.
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11,5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (e:'(cept for the cost ot' premiums covered by sub-
paragraph 11..+,5.9 above).
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11.5.5, Costs due to the negligence of CONTRAC-
TOR. any Subcontrador. or any~n~ directlv or indirectly,
employed b\' any of i:l.:m or for whose acts any of them
may' be liahle. ir.....fo.idin!; but not limited [0. the correction
of dt!.!<'c ,i" '.' 'urk. Jisposal \,f materials or equipment
wrongly ~d, ',!.,. ,: ""akin!,! good any damag<: to prop-
<:rry.
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11,5,0, Other o\'erhead or general expense costs 01
any kind .IOU the costs of any it<:m not specilically and
expressly indude::d in paragraph II A,
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CONTRACTOR's Fee:
11,6. The CONTRACTOR's Fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11,6,1, a mutually acceptable fixed fee: or if none can
be agreed upon.
11.6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11.6,2.1, for costs incurred under paragraphs II.-+.I
and IIA,2. the CONTRACTOR's Fee shall be fifteen
percent:
11.6,2.2. for ccsts incurred under paragraph 11.4.3.
the CONTRACTOR's Fee shall be Fave percent: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee. the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
11.6.2.3. no fee shall be payable on the basis of
costs itemized under paragraphs II AA. 11..+.5 and 11.5:
11,6.2.4, the amount of credit to be allowed bv
CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by all amount equal to ten percent of the
net decrl;:ase: and
11.6.2.5, when both additions and credits are
involved in anyone change. the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11,6,2,1
through 11,6.2"'. inclusive.
II, i, Whenever the cost of any Work is to be determined
pursuant to paragraph IIA or 11,5. CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash ..Hlowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
. Documents and shall causo;: [he Work so covered to be done
by such Subcontractors or Suppliers and for such sums within
the limit of the allowances as, may be acceptable to ENGI-
NEER. CONTRACTOR agrees that:
11.8, I, The allowances include the cost to CON-
TRACTOR (Jess any applicable trade discounts) of mate-
rials and equipment required by the allowances to be deliv-
ered at the site. and all applicable taxes: and
11.8.2. CONTRACTOR's costs for unloading. and
handling on the site. lahor. installation costs. overheau.
profit and other ~xpens<:s contemplated for the allowances
have been included in the Contr.lct Price and not in the
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allowances. No demand for additional payment on account
of any thereof will be valid.
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Prior to final payment. an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances. and the Contract Price shall be correspond-
ingly adjusted.
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Unit Price Work:
11.9.1. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for e.ach separately identiiied item of U nit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determinin'g an
initial Contract Price. Determinations of the actualquan-
tities and classifications of Unit Price Work'performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
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11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sep-
arately identified item.
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11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with' Article 11 if the panies are
unable to agree as to the amount of any such increase.
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ARTICLE l2~HANGE OF CONTRACT TIME
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12.1. The Contract Time may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shortening of the Contract Time shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than,
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. ,Notice
of the extent of the claim wlth supporting d::lta shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in suppon of the claim) and shall be accom-
panied by the claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant'
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time
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shall be determined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment in the Contract Time will
be valid if not submitted in accordance with the requirements
ofchis paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include, but not be limited to.
acts or neglect by OWNER or others performing additional
worle as contemplated by Anicle 7, or to fires, ftoods. labor
disputes, epidemics, abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers. architects.
attorneys and other professionals and colin and arbitration
costs) for delay by either party.
ARTICLE 13-W ARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS;
CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Wanruuy and GlI4ITI1IUe:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be defective.
Prompt notice of all defects shall be given to CONTRAC-
TOR. All defective Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13.
Access to Work:
13.2. ENGINEER and ENGINEER's representatives.
other representatives 'of OWNER. testing agencies and gov-
ernmental agencies withjwisdictional interests will have access
to the Work at reasonable times fortheir observation. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for all required inspections. tests or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any'Work (or pan thereoO to specifically
be inspected. tested or approved, CONTRACTOR shall
, assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required certificates
ofinspc:ction. testing or approval. CONTRACTOR shall also
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be responsible for and shall pay all costs in connecti6n with
any inspection or testing required in connection with OWN-
ER's or ENGIN EER's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work. or of
materials or equipment submitted for approval priorto CON-
TRACTOR's purchase thereofforincorporation in,the Work.
The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specified>.
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13,5, All inspections. tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR (or by ENGI;o..;EER if so'
specified).
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13.6, If any Work (including the work of others) that is
to be inspected. tested or approved is covered without written
concurrence of ENGINEER. it must. if requested byENGI:
NEER. be uncovered for observation. Such unco\'ering shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice ofCONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice,
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13,;. Neither observations by ENGINEER nor,inspec.
tions. tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
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Uncovering Work:
" . \] ,8, If any "'vork is covered contrary to the wrircen request
of E?'JGINEER. it must. if requested by ENGI;-;EER. be
unco\'ered for ENGINEER's observation and reolaced at
CONTRACTOR's expense, .
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13.9, If EN G IN EER considers it necessary or advisable
that covered Work be observed by ENGIN EER or inspected
or tested by others. CONTRACTOR. at ENGINEER's
reques!. shall uncover. expose or otherwise make available
for observation. inspection ~r testing as ENGI:-';EER ma\'
require. that portion of the Work in question. furnishing ail
necessary labor. material and equipment. If it is found ~hat
such \Vork is "<~ti:('lil'(', CONTRACTOR shall bear all direc!.
indirect and consequential costs of such uncovering. expo-
sure. observation. inspection and testing and of ,atisfactor~'
recunstruction. I including but not limited to fees and charges
of engineers. architects. ~ttorneys and other prufessionalsl.
and OWN ER shall be entitled to an appropriate Jecrease in
the Contract Price, and. if the panies ar~unable t,) agree :lS
to the amount [hereof. may make a claim therefor as provided
in ArricJe II. If. ho\\ e"'er. such Wvrk is not f,,'und to be,
de./i'erin', CO:'\TR.-\CTOR ~hall be allowed an increase ,in
the C..lnlract Pri~~ ,'1' ...1 c\iension uf (he Contract Time.,..'r
borh. dircc[Jy anril1lJlabl<.: lv such uncovering. 'exposure.
obser\'alion. inspc,ction. testing and reconstructi..'n: and. it"
the parties are unable tv agree as [u lhe amount vr e.\lenr
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thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles 11 and 12.
Owner May Stop the Work:
13,10. If the Work is defectil'e, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipmenl. or fails lO furnish or perform the Work in such a
way that the completed Work will confonn to the Contracr
Documents. OWNER may order CONTRACTOR to s!OP the
Work. or any portion thereof. until the cause for such order
has been eliminated: however.. rhis right of OWNER to stop
the Work shall not give rise to any duty on the pan orOWNER
to exercise this right for the benefit of CONTRACTOR or
any other party,
Correction or Removal of Defective Work:
13,11. Ifreq1,lired by ENGINEER. CONTRACTOR shall
promptly, as directed. either correct all defeetil'e Work.
whether or not fabricated. installed or completed. or. if the
Work has been rejected by ENGINEER. remove it from the
site and replace it with nondefeetil'e Work. CONTRACTOR
shall bear all direct. indirect and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers. architects. attorneys and other profes-
sionals) made necessary thereby,
One Year Correction Period:
13,12, If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents. any
Work is found to be defectil'e, CONTRACTOR shall promptly.
without cost to OWNER and in accordance wirh OWNER's
written instructions. either correct such defectil'e Work. or.
if it has been rejected by OWNER. remove it from the site
and replace it with nonJefeeri..'e Work. If CONTRACTOR
does not promptly comply with the terms of such instructions.
or in an emergency where delay would cause serious risk of
loss' or damage. OWN ER may have the defecli..'e Work cor-
rected or the rejected Work removed and replaced. and all
direc!. indirect and consequential costs of such removal and
,replacement (including but not limited to fees and charges of
engineers. architects. :ltwrneys and other professionals) will
be paid by CONTRACTOR. In special circumstances where
a particular item ot" equipment is placed in continuous service
, before Substantial Completion of all the Work. the correction
period for that item mav start to run from an earlier date if
so provided in the Specifications ur by Wrinen Amendmenl.
,~L"Ceptance of Defective Work:
13,13, If. instead uf requiring correction or removal and
replacement of d<~r(!clil'(' Work. OWN ER land.' prior to
ENGINEER's recommendation uf final paymen!. also
ENGIN EERl prefers to accept il. OWNER may do so. CON-
TRACTO R shall bear all Jirect. indirect and cunsequential
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COSts attributable to OWNER's evaluation of and determi-
nation to accept such defecrive Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges. of engineers. architects; attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment. a
Change Order will be. issued incorporating the necessary revi-
sions in the Contract Documents with respect to'the,Work:
and OWNER shall be entitled to an appropriate decrease in
the Contract Price. and. if the parties are unable to agree as
to the amount thereof. OWNER may make a claim therefor
as provided in Article II. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
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OWNER May Correcl Defeclive Work:
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13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defecrive Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.1 I. or if CONTRACTOR fails to perform"the Work
in accordance with the Contract Documents. or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may, after seven Clays' writ-
ten notice to CONTRACTOR. correct and remedy any such
deficiency, In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action. OWNER
may exclude CONTRACTOR from all or part of the site. take
possession of ail or part of the Work, and suspend CON-
TRACTOR's services related thereto. take possession of
CONTRACTOR's tools. appliances. constrUction equipment
and ma~hinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
tatives. agents and ~mployees such access to the site as may
be necessary to enable OWNER to exercise the rights and.
remedies under this paragraph. All direct. indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work: and
OWNER shall be entitled to an appropriate decrease in the
Contract Price. and. if the parties are unable to agree as to
the amounuhereof. OWNER may make a claim therefor as
provided in Article II. Such direct. indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers~ architects. attorneys and other professionals,'
all court and arbitration costs and all costs of repair and
replacement of work of others destroyed or, damaged by
correction. removal or replacement of CONTRACTOR's
defecrive Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in per-
formance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
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ARTICLE l4-pA YMENTS TO CONTRACTOR AND
COMPLETION
Scheduie ofVab.1.es:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed. .
ApplU:alion for Prognss Paymeru:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than.once a month). CON-
'TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested
on the basis of materials and equipment not incorporated in
. the Work but delivered and suitably stored at the site or at
another location agreed to in writing. the Application for
Payment shall also be accompanied by a bill of sale. invoice
or other documentation warranting that OWNER has received'
the materials and equipment free and clear of all liens. charges.
security interests and encumbrances (v.:hich are hereinafter
in these General Conditions referred to as "Liens") and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein. all of which will be sat-
isfactory to OWNER. The amount of retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Tille:
14.3, CONTRACTOR warrants and guarantees that title
to all Work. materials and equipment covered by any Appli-
, cation for Payment. whether incorporated in the Project or
not. will pass to OWNER no later than the time of payment
free and clear of ail Liens.
Revuw of AppLi.cations for Progress Paymeru:
14.4. ENGINEER will. within ten days after receipt of
each Application for Payment. either indicate in writing a
recommendation of payment and present the Application to
OWNER. or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case. CONTRACTOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation. the amount rec-
ommended will (subject to the provisions of the last sentence
.ofparagraph 14.7) become due and when due will be paid by
'OWNER to CONTRACTOR.
14.5, ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
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representation by ENGINEER to OWNER. based'on ENGI-
N E ER 's on-site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
NEER's review of the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the 'point indicated; that. to the best of ENGI-
NEER's knowledge. information and belief. the quality of
the Work is in accordance with'the Contract Documents
(subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. tothe results of any
subsequent tests called for in the Contract Documents. to a
final determination of quantities and classifications for Unit'
Price Work under paragraph 9,10. ~nd t9 any otherqualifi-
cations stated in the recommendation): and that CONTRAC.
TOR is entitled to payment of the amount recommended,
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented thaI exhaus~
tive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specilically assigned to -ENGINEER in the
Contract Documents or that there may not be other-matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
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14,6. ENGINE:ER's recommendation of final payment
will constitute an additional representation by ENGINEER
10 OWNER that the conditions precedent to CONTRAC-
TOR's being entitled to final payment as set forth in paragraph
14.13 have been fulfilled.
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14,7, ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGINEER's opinion. it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment. or. because of subsequently discovered evidence or
the results of subs'equent inspections or tests. nullify any such
payment previously recommended. to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because;
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14,7,1, . the Work is defecril'e. or completed Work has
been damage? requiring correction or replacement: .
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14,7,2. the Contract Price has been reduced by Writ- -
ten Amendment or Change Order,
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14,7,), OWNER has been required to correct Je/e('-
fil'e Work or complete Work in accordance with paragraph
13,l4,or
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14,7A, of ENGINEER's actual knowledge of the
occurrence of any of the events enumerated in paragraphs
15.2,1 through 15,2.9 inclusive,
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OWNER may refuse to make payment of the full amount
recommended by ENG IN EER because claims have been
made .\gainst OWNER on account ofCONTRACTOR's per-
formance or furnishing of the Work or Liens have heen fib1
in connection with the Work or there are other items entitling
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OWN ER to a set-off against the amount recommended. but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for such
action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. If ENGINEER does not con-
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor, If
ENGINEER' considers the Work substantially complete.
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion, There shall be attached to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If. after considering such objec-
tions. ENGINEER concludes that the Work is not substan-
tially complete. ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing. stating the reasons therefor. If.
after consideration of OWNER's objections. ENGINEER
considers the Work substantially complete. ENGINEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion I with a revised tentative list of items to be com-
pleted or corrected) reflecting such changes from the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWNER. At the time of delivery
of the tentative certificate of Substar.tial Completion ENG 1-
NEER will deliveno OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRAc;TOR with
respect to security. operation. safety, maintenance. heat.
utilities. insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the definitive
certificate of Substantial Completion. ENGINEER's afore-
said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14,9, OWNER shall have the right to exclude CON-
TRACTO R from the Work after the date of Substantial C om-
ptetion. but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative list.
Panial Uti/iUllion:
14.10. Use by OWN ER of any finished part of the Work.
which has specifically b~t:n identified in the Contract Do.;u-
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ments, or which OWNER. ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part of the Work that can be used by OWNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work. may be accomplished prior to
Substantial Completion of all the Work subject to the follow-
ing:
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14.10,1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees. CONTRACTOR will certify to OWNE.R
and ENGINEER that said part of the Work is substantially
complete and request ENGINEER to issue a certificate of
Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable time after either such request; OWNER,
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its s,atus of
completion. If ENGINEER does not consider that part of
the Work to be substanti~ly complete. ENGINEER ~ll
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of the
Work to be substantially complete. the provisions of para- .
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
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14.10.2. OWNER may at any time request CON-
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWJ'l~R.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security. operation. safety, maintenance. utilities. insur-
ance. warranties and guarantees for that part of the Work
which will become binding upon OWNER and CON-
TR.~CTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER>. During such operation
and prior to Substantial Completion of such part of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and. to
complete other related Work.
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14.10,3. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
FiTUzl./nspection:
14.1/. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defecrive. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
FiTUzl. ApplicaluJn for PaymelU:
14,12. i\fter CONTRACTOR has completed all such cor-
. rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instructions, schedules. guaran-
tees. Bonds. certificates of inspection. marked-up record
documents (as provided in paragraph 6.19) and other docu-
ments-all as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.l6). CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract Documents. together with complete and legally
effective releases or waivers (satisfactory to OWNER) of all
Liens arising OUt of or filed in connection with the Work. In
lieu thereof and as approved by OWNER. CONTRACTOR
may furnish receipts or releases in full: an affidavit of CON-
TRACTOR that the releases and receipts include all labor.
services. material and equipment for which a Lien could be
filed. and that all payrolls. material and equipment bills. and
other indebtedness connected with the Work for which
OWNER orOWNER's property might in any way be respon-
sible. have been paid or otherwise satisfied: and consent of
the surety, if any, to final payment. If any Subcontractor or
.Supplier fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
'FiTUzl. Paymenr and Acceptance:
14.13. If. on the basis of ENGINEER's observation of
the Work during construction and final inspection. and
ENGINEER's review of the final Application for Payment
and accompanying documentation-all as required by the
Comract Documents. ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled. ENGI-
NEER will. within ten days after receipt of the final Appli-
cation for Payment. indicate in writing ENGINEER's rec-
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of paragraph 14.16.
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Otherwise. ENGINEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final payment, in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thirty days after presentation to OWNER of the
Application and accompanying documentation. in appropri-
ate form and substance. and with ENGINEER's recommen-
dation and notice of acceptability. the amount recommended
by ENGIN EER will become due and will be paid by OWNER
to CONTRACTOR.
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14,14, If. through no fault of CONTRACTOR. final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms. OWNER shall. upon receipt of CON-
TRACTOR's final Application for Payment and recommen.
dation of ENGINEER. and without terminating the Agree-
menr. make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment. and if Bonds have been furnished as required in para-
graph 5, I. the written conSent of the surety to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov-
erning final payment. except that it shall not constitute a
waiver of claims.
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Contractors Continuing Obligarion:
14.15. CONTRACTOR's obligation to perform and cOm-
plete the Work in accordance with the Contract Documenrs
shall be absolute. Neither recommendation of any progress
or final payment by ENGINEER. nor the issuance of a r;er-
tificate of Substantial Completion. nor any payment by
OWNER to CONTRACTOR under the Contract Documents.
nor any use or occupancy of the Work or any part thereofby
OWNER. nor any act of acceptance by OWNER nor any
failure to do so. nor any review and approval of a Shop
Drawing or sample submission. nor the issuance of a notice
of acceptability by ENGINEER pursuant to paragraph 14.13.
nor any correction of defecril'e Work by OWNER will con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli.
gation to perform the Work in accordance with the Contract
Do~uments (except as provided in paragraph 14, (6l.
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Wai~'er 01 Claims:
1-1,16, The making and acceptance of final, payment will
constitute:
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1-1.16,1. u waiver of all claims by OWNER against
CO)lTRACTOR. except claims arising from unsettled
Liens. frum dl!f(;cril'(' Work appearing after final inspec-~
tilln pursuant to paragraph 14,11 or from failure ell comply
with the Contract Dll~Uments or the terms of all\' special
guarantt:es specified therein: however. il will Oll( consti-
tute u waiver hy OWNER of any rights in respect llf
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CONTRACTOR's continuing obligations under the Con-
tract Documents: and
14,16,2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE IS-SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
15.1. OWNER may. at any time and without cause, sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed, CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time, or both.
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles 11
and 12.
Owner May TenninaJe:
15.2. Upon the occurrence of anyone or more of the
following events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title II, United
States Code), as now or hereafter in effect. or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency:
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in etTect at the time of filing. or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency.:
15.2.3. if CONTRACTOR makes a general assignment
for the benefit of creditors:
15,2A, if a trustee. recei ver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authority to take charge
of .J'roperty 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
ofCONTRACTOR's ~redi(Qrs:
15,2.5, if CONTRACTOR admits in writing an inabil-
ity to pay its debts generally as they be~ome due:
15,2,6. if CONTRACTOR persistently fails to perform
the Wurk in accordan~e with the Contract Documents
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(including. but not limited to. failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time); ,
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15.:.7, if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction':
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15.2.8. if CONTRACTOR disregards the authority of
ENGINEER: or
15.2.9, if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments;
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OWNER may, after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR. exclude CONTRACTOR from the, site
and take possession of the Work and of all CONTRActOR's
tools. appliances. construction equipment and machinery at
the site and use the'same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion). incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere. and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall nO{ be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct. indirect ana
consequential costs of completing the Work (inCluding but
not limited to fees and charges of engineers. architects. attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance. CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowes.r price for the Work performed.
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15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER. OWNER may, without cause and
without prejudice to any other right or remedy, elect to aban-
don the Work and terminate the Agreement. In such case.
CONTRACTOR shall be paid for aU Work executed and any
expense sustained plus reasonable te,rmination expenses, which
will include, but not be limited to. direct. indirect and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects, attorneys and other professionals
and court and arbitration costs).
Conl1'tU:tor May Stop Work or Terminate:
15.5. If. through no act or fault of CONTRACTOR. the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for Payment
. within thirty days after it is submitted. or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due. then . CONTRACTOR may. upon seven
days' written notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement. if ENGINEER has failed to act on an Appli-
cation for Payment or OWNER has failed to make any pay-
ment as aforesaid, CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreemerlts with OWNER.
. [The remainder of this page was left blank intentionally.]
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ARTICLE l6--ARBITRATION.
16.1 All claims, disputes arid other matters in question between
OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu-
ments or the breach thereof shall ,be decided under Georgia Law in the
Superior Court of Richmond County, Georgia.
(The remainder of this page was left blank intentionally.)
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(This page was left blank intentionally.)
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ARTICLE 17-MISCELLANEOUS
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Giving Notice:
17,1. Wheneve'r any provIsIon of the Contract Docu-
ments requires the giving of written notice. it will be deemed
to have been validly given if delivered in person to the indi-
vidual or to a member of the firm or to an officer of the
corporation for whom it is intended. or if delivered at or seiu
by registered or certified mail. postage prepaid. to the last
business address known to the giver of the notice.
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CompUlfUionof Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days. it will be computed to exclude
the first and include the last day of such periOd. If the last
day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable
jurisdiction. such day will be omitted from the computa-
tion.
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17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
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General:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error, omis-
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sion or act of the other party or of any of the other party's
employees or agents or others for whose acts the other party
is legally liable. claim. will be made in writing to the other
party within a reasonable time of the first observance of such
injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
17.4., The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the parties hereto, and. in particular but without
limitation. the warranties. guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.30.13.1,13.12. 13.14.
14.3 and 15,2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder, are in addition to.
and are not to be construed in any way as a limitation of. any
rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations. by
special warranty or guarantee or by other provisions of the
Contract Documents. and the provisions of this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty. obliga-
tion. right and remedy to which they apply. All representa-
tions, warranties and guarantees made in the Contract Doc-
uments will survive final payment and termination or com-
pletion of the Agreement.
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SUPPLEMENTARY CONDITIONS
1.1 OWNER'S LIABILITY & PROPERTY INSURANCE:
Section 5.5,5.6,5,7,5'.8,5.9,5.10 ofthe General
Conditions shall be amended as follows:
No additional liability or property insurance will be purchased by Augusta-
Richmond Country for this project.
Current insurance coverage will remain in effect for the life of this Contract.
1.2 CONTRACTOR'S LIABILITY:
As indicated~under Section 5.3 of the General Conditions, the Contractor's
Liability Insurance shall be in an amount not less than $200,000 for injuries,
including accidental death, to anyone person, and subject to the same limit for
each person, in an amount not less than $500,000 on account of one accident, and
Contractor's Property Daniage Insurance in an amount not less than $100,000 for
all property damage sustained by anyone person in anyone accident; and a limit
ofliability of not less than $200,000 for any such damage sustained by two or
more persons in anyone accident.
The contractor shall either (1) require each ofms subcontractors to procure
and to maintain during the life of his ,subcontract, Subcontractor's Liability and
Property Damage Insurance of the type and in the same amounts as specified in
the preceding paragraph, or(2) insure the activities of his subcontractors in his
own policy.
1.3 SPECIAL HAZARDS:
The contractor's and his Subcontractor's Liability and Property Damage
Insurance shall provide adequate protection against the followirig special hazards:
(a) Work within:theright-of-ways and property of Augusta-Richmond
County.
(b) Work in close-proximity to existing water lines, telephone lines,
gas lines, other utilities and private structures contiguous
to the job site
SC-1
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TESTING LABORATORY: ,
All testing and iaboratory work in connection therewith shail be performed
by an independent firm and paid for by the contractor. Copies of all test reports
shall be forwarded to Augusta-Richmond County Public Works. There will be no
separate payment for this work.
1.4 SURVEYS:
The Contractor will provide surveying for construction staking, horizontal
control and vertical control as necessary.
1.5 PROGRESS PAYMENT:,
Section 14.2 of the, General Conditions shall be amended as
follows:
The Contractor may submit monthly estimate for work
Completed and materials properly stored as approved
By the Engineer. When an estimate includes ,"
materials stored, a bill of sale, invoice or other
documentation warranting that the Owner
is receiving the,material free and clear of all liens,
charges, securitY interest and of all liens, charges,
security interest and other encumbrances shall be
attached to the payment request.
1.6 ENGINEER:
All references to "Engineer" shall be interpreted to mean the Augusta
Richmond County Public Works Director, or his official designee.
1.7 UNDERGROUND UTILITIES: (References 4.3, 1.4,3.2)
The Contractor shall coordinate with all utility companies through the
"One Call" method or other appropriate steps to locate and avoid damage to all
utilities that may affect or be affected by the Contractor's work.
1.8 SAFETY: (Reference 6.20)
The Contractor shall use certified flagmen, barricades and signs as
necessary to notify the public, in particular, those persons driving in the vicinity
of the project, of the construction and its affect on traffic.
SC-2
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SECTION P
PROPOSAL
Date: Co-/ ~ 10 I
y
Gentlemen:
In compliance with your invitation for bids dated t.o / u, , 200~, the
undersigned hereby proposed to furnish all labor, equipment, and materials, and to
perform all work for the installation of drainage improvements referred to herein as:
TURKL'\ffiTT SPRINGS DETENTION BASIN
Project Number: 327-04-296812007
In strict accordance with the ContractDocuments and in consideration of the amounts
shown on the Bid Schedule attached hereto and totaling:
~- JI~'"~"AD6~~~iif~ ;-~=.:!t,.../tc-~ ;;'//i:u;!;;~. . br#'
. 63>-" I/O;[)!J .~tl_~MVI/1/1IJ/()~~.f/~~~a1/
The undersigned hereby agrees TIlat, upon written acc{ptfuce JfffUs 'b'ld~e wi~~~'
within 10 days of receipt of such notice execute a formal contract agreement with the I' //t :>
OWNER, and that he will provide the bond or guarantees required by the Contract / U G
Documents.
4
The undersigned hereby agrees that, if awarded the contract, he will commence
the work within 10 calendar days after the date of written notice to proceed, and that he
will complete the work within 125 calendar days.
The undersigned acknowledges receipt of the following addenda:
Title: P{lr?J IIJCWI
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I JRKNETT SPRINGS DETENTION BA..-:JIN
DETAILED ESTIMATE
PROJE;CT NO: 327-04-296812007
:fff,[It:F~ !i::: [:':.,i'i i! :':!':':'::":BF~~!"?~:i!.i~~~f~!ftfl~~ji~~f:!!tli: i:4:~g~' j:}!,Bw~~:i:: ;!~iii~ir~~~i:~i:: f~:iitf:t~!&#:f:f:~~
170-1000 FLOA TING SILT RETENTION BARRIER
171-0010 TEMPORARY SILT FENCE, TYPE A
171-0030 TEMPORARY SILT FENCE, TYPE B
207-0203 FOUND, BACKFILL MATL, TYPE II
CY
..-230-1000 LUMP SUM CONSTRUCTION
EA
550-1180 STORM DRAIN PIPE, 181N, CLASS V
550-1360 STORM DRAIN PIPE, 36 IN. CLASS V
UNDDR PIPE INCL DRAINAGE AGGR. 6 IN &
573-2006 FILTER FABRIC
LF
LF
603-7000 PLASTIC FILTER FABRIC SY
603-2018 STN DUMPED RIP RAP. TP 1 18 IN SY
CH LK FENCE W/EXT. ARMS & BARBED WIRE,
643-2152 ZC COAT, 6 FT., 9 GA LF
GATE, CHAIN LINK ZC COAT 24 LF DOUBLE
643-8010 LEAF EA
SPECIAL DESIGN STRUCT, # 1 (INCL. SLUICE
668-0001 GATE) EA
668-4300 STORM SEWER MANHOLE, TP 1 EA
STORM SEWER MANHOLE, TP 1, ADDITIONAL
668-4312 DEPTH. CL 2 LF
668-5000 JUNCTION BOX
EA
LF
'- 2.. ,0'1
'2., L.o'f . 00
100
LF
1,600 I. 15- 2/ fo 0 . u c
100 I, I 5- } 1 S'. 0 0
200 Is. q~- 3,1 '10.00 &
a:y I ;-l-5 I~' La' ...::J//:ff; 2o(!) f :JU ~
r- :3 / ZoO '
(P 'tBD. DO
G. 9, CJ, 8'2. 0 0
'f I "2 '2.0.00
LF
LF
2. S-' '1 '2..
f.DS, c, lD
g.I<O
250
450
4500
50
3. II IS'S. S-o
31.1'1 " Sgl. 00
lD 3 3 "2. S-, .3 2"- aD
/0 Be .00 /. 3lao.. 00
11110.13 ,7,/'90,13
1~/3tf8.S8 J'i.3tt8.SS
50
4000
2
20
"s.co
3 Soo.oO
,
3
I ~-b 1./,0'1 '-f, fJJ'i 2.2. I
TOTAL BID PRICE
l..:l-~o Ill!) .08
53?;//C),.ofJ
/
.....LUMP SUM CONSTRUCTION INCLUDES, BUT IS NOT LIMITED TO THE FOLLOWING: Dredging,
maintaining disposal area, grassing, construction layout, removals and relocations not covered by a pay item
and as shown on drawing No, 2 of the plans. With submittal of the bid on the project, the contractor shall
submit a breakdown of lump sum construction amount for the engineers' use in determining monthly payments
due. .
P-2
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MABus BROTHERS GONSTRUCTION GO., INC.
920 MOLLY POND ROAD
AUGUSTA, GEORGIA 30901
706-722-8941
FAX 706-722-7521
LUNrP SUM CONSTRUCTION BREAKDO\VN
1) CLEARING & GRUBBING
2) DREDGEING
3) STAKlNG
$10,000.00
$354,700,00 ;;;
$5,000,00
4) BOND
$10,000,00
5) GRASSING
$16,500,00
6) PERM:ANENT ROCK FILTER DAM
TOTAL
$5,000,00
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?'('~ ~l.tno,l:: ~"r
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/332/7e (J/fO
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.....t191,J('~00 (}e:i
57~ 2&:31
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Revised 9/18/00
GENERAL NOTES
TURKNETT SPRINGS DETENTION BASIN
ADJUSTING MINOR STRUCTURES TO GRADE:
This item consists of raising or lowering the upper portion of existing manholes,
water valve boxes, gas valve boxes or any other miscellaneous structures within the
area of construction~ There will be no separate payment for this work unless shown
as a separate pay item.
AS-BUILT PLANS:
The Contractor shall furnish a 'complete, legible set of "as-built" plans, in good
condition, to the Project Inspector prior to the date of the Final Inspection. Such
plans shall have all significant changes marked in red. The Project Inspector shall
review the marked plans for accuracy, legibility and completeness. After the Project
Inspector approves and signs the redlined plans, a qualified engineering firm, selected
by the contractor, shall make arrangements to obtain the original approved plans from
the Public Works & Engineering Office. After originals have "as built" information
incorporated, they shall be stamped and signed on the cover sheet by a registered
Professional Engineer and returned to the Project Inspector for final processing. The
Project Inspector shall signthe as-builts and place them in the permanent record files.
COMP ACTION:
All compaction shall be as defined in the current edition of Georgia department of
Transportation Specificatiops. Special attention shall be given to the backfill of
minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.).
Compaction shall be achieved using approved tamps and soil layers of approximately
6 inches (loose measure) and in accordance with Georgia Department of
Transportation Standards 1030-D and 1401. Backfilling operations of this nature
shall not begin until the Contractor has on hand all equipment in good working
condition, and competent operators.,
The backfilling of pipe and other minor structures shall be in accordance with
Georgia Department of Transportation Standard specifications, Current Edition.
Backfilling with sand using jetting and/or flooding will not be allowed in any case
without the written permission of the Engineer.
CONCRETE:
,
The Contractor shall have a slump cone on the project at all times when concrete is
being placed. He shall, in the Engineer's presence, perform sl~p tests as directed by
the Engineer. Tests shall oe performed by qualified. personnel with a properly
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"A" concrete shall have a minimum of 611 1bs. Cement per cubic yard. Class "B"
concrete shall have a minimurri. of 470 lbs. Cement per cubic yard. Concrete not
meeting these requirements will be rejected by the Engineer.
CONSTRUCTION:
At locations where new pavement is to be placed adjacent to existing pavement
without an oveday or where curbing is to be placed across paved parking lots, a joint
shall be sawed on a line to ensure pavement removal to be neat. Only those joints
sawed in concrete pavement will be paid for under the pay item-Sawed Joints. . . Per
Linear Foot.
The Contractor shall provide borrow and/or waste pits for this project. All pits
acquired for use on this project shall be reclaimed in accordance with Section 160 of
the Standard Specifications. The Contractor's attention is directed to subsection
107.23 of the Specifications.
All storm drain pipe, side drain pipe, pipe culvert wingwalls, steps, retaining walls,
curbs and gutters, headwalls, all types of pavement, wooden structures, except those
specifically shown as a remoyal pay item will be removed as Clearing and Grubbing,
Grading Complete, Grading Per Mile or Lump Sum Construction.
. CONSTRUCTION LAYOUT:
Construction layout work shall be performed by the Contractor. . See Section 149 of
the Standard Specifications. The survey for this project was made by ZEL Engineers
706-724-5627. .
CONSTRUCTION SCHEDULE:
The Contractor shall prepare a schedule identifying the primary construction activities
and/or phases for constructing this project. 'This schedule shall be presented at the
Pre-Construction Conference.
DESIGN ALTERATIONS:
The Commission-Council recognizes that various changes in design may be made as
the project progresses. Any requests for additional payment will be processed based
on actual work in place and the Unit prices submitted as a part of this bid. Items not
covered in this bid shall he priced separately and no work shall be done on these
items until approved, in writing, by the Engineer.
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ENGINEER:
In all contract documents, specifications, supporting documents, etc., the term
"ENGINEER" means, and shall be deemed to mean, the Augusta'-Richmond County
Public Works Director or his designated representative.
EROSION AND SEDIMENT CONTROL:
The Contractor shall be responsible for all soil erosion and sediment control practices.
All on-site erosion control shall comply with local Augusta Richmond County
erosion and sediment control ordinances. The cost of this work shall be included in
the cost ofthe project unless shown as a separate pay item.
EXCESS MA TERrAL:
All excess material is to be disposed of as directed by the Engineer or as noted in
Subsection 107.23 of the Specifications and in accordance with page PP A-I.
FENCE:
All new fences called for on the plans and/or contract documents shall meet the
requirements of Section 643 of the Georgia Department of Tran~portation Standard
Specifications, current edition. New fence not meeting these Specs will be rejected.
In contracts where remove and reset fence items are involved (either as pay items or
as Lump Sum Construction) all replacement fence shall be equal to'or better than the
existing fence as approved by the Engineer. This means equal to or better than the
original fence at the time of its installation.
In accordance with Subsection 643.03D, the Contractor must furnish positive locking
devices, padlocks and keys with all gate assemblies.
FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this project
are to be returned to the pre-.existing shape and slope and then finished and dressed.
No separate payment will be made for grassing, fertilizing and mulching of disturbed
areas, unless specifically shown as a pay item.
FLAGGING:
Flaggers shall be provided as required to handle traffic, as specified in the Plans or
Special Provisions, and as required by the Engineer.
All Flaggers shall meet the Tequirement of part 6F of the MUTCD and must have
received training and a certificate upon completion of the training from a Department
approved training program. Failure to provide certified Flaggers as required above
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shall be reason for the Engineer suspending work involving the Flagger(s) until the
. Contractor provides the certified Flagger(s).
Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest,
shirt, or jacket, and shall use a Stop/slow paddle meeting the requirements of Section
6F-2 of the MUTCD for controlling traffic. The Stop/slow paddle shall have a shaft
length of seven (7) feet minimum. In addition to the stop/slow paddle, a flagger may
use a 24-inch square 'red/orange flag as an additional device to attract attention. For
night work, the vest shall have reflectorized stripes on front and back.
Signs for Flagger traffic control shall be placed in advance of the flagging operation
in accordance with the MUTCD. In addition to the signs required by the MUTCD,
signs at regular intervals, warning of the presence of the flagger shall be placed
beyond the point where traffic can reasonably be expected to stop under the most
severe conditions for.that day's work.
FOUNDATION BACKFILL MATERIAL, TYPE II:
Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and
Section 207 of the Stan,dard Specifications and shall be used in wet/unstable
conditions as directed by the Engineer. It shall also be used beneath all concrete box
culverts. Quantities shall be measured for payment in accordance with Georgia
Standard 1030-D or as directed by the Engineer. Payment shall be per cubic yard
linless otherwise specified in the contract.
GRADES:
With the approval of the Engineer, grades may be field adjusted to provide for best
drainage.
GRADING:
In contracts where grad(ng, including excavation for drainage structures, is
accomplished under Section 210 (Grading Complete or Grading Per Mile) or Section
230 (Lump Sum Construction), the Lump Sum amount bid will include all work
necessary to obtain' the line, grade and compaction in accordance with the
Specifications and other contract documents. There will be no separate payment for
any work of this nature including borrow and the removal of unsuitable and/or
unstable material. However, the Contractor shall make whatever investigations he
deems necessary to determine the extent of any borrow or removal necessary to meet
contract requirements. If it develops that removal of unsuitable/unstable materials
quantities could not have been predicted by the contractor from a reasonably thorough
investigation of project conditions, the Contractor may request negotiation for
payment for excavation of this nature,in areas where the depth exceeds three (3) feet
below sub grade. The Owner will consider negotiation only when this type of removal
is excessive and the Contractor provides evidence that he th~roughly investigated
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project conditions prior to entering his bid. Only those quantities in excess of three
(3) below finished subgrade and/or normal excavation for drainage structures, ordered
by the Engineer, will be considered for payment.
GRASSING AND EROSION CONTROL:
The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to
determine the actual area to be grassed. No claims will be considered for extra
compensation if the contractor relies on plan information to prepare his bid.
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All slope areas are to be grassed unless shown otherwise on plans. Temporary grass
is required if permanent grass season is out.
The Contractor shall be responsible for all soil erosion and sediment control
measures. All on-site erosion control shall comply with local erosion and sediment
control ordinances. The cost ofthis work shall be included in the cost of the project
unless shoWn as a separate pay item.
All unpaved and natural areas which are disturbed by the construction of this project
are to be returned to the pre-existing shape and slope and then finished and dressed.
No separate payment will be made for grassing, fertilizing and mulching of disturbed
areas, unless specifically shown as a pay item.
Discontinued roads or other areas inside or outside the project construction limits, but
within the existing or required right-of-way, shall be obliterated and restored as
nearly as possible to the original contour of the ground (see Section 205 of the
Standard Specification~). No separate payment will be made for this work.
Where item number 700-6001 is shown as a pay item, Georgia Department of
, Transportation specifications are modified to provide that the lump. sum price bid
shall be full payment for all fertilizer, lime and nitrogen. No separate measurement
for payment will be made for any work or materials required to accomplish a stand of
permanent grass.
INSPECTIONS:
This project will be inspected by the Engineer or his Representative.
MISCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes,
Junction Boxes, Spring Boxes; Dr~in I,nlets, special Inlets, etc., whether standard or
- special design shall be paid for Per Each. There will be no separate payment for
additional depth unless specifically shown as a pay item.
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NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., with
concrete topslabs shall include manhole rings and covers.
PATCHING AND REPAIR OF MINOR DEFECTS:
Where necessary, the contractor is required to patch and repair existing potholes,
minor pavement defects and base failures in accordance with the Specifications.
PAYMENT FOR PIPE CUL VERT INSTALLATION:
1. Payment for pipe culvert or utility installation includes sawing and/or cutting
and removing existing pavement and replacing the pavement as specified in
accordance with Standard 1401.
2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B"
concrete (See Georgia Standard 9031-L).
3. Payment for pipe c.ulvert includes any required Concrete collars (See Georgia
Standard 9031-U).
4. All storm drain and longitudinal pipe shall include. a-ring gaskets.
PIPE CULVERTS:
Unless otherwise noted, all storm drain, longitudinal and stub pIpe are to be
reinforced concrete with O-:-Ring gasket joints.
All required pipe culverts shall be in accordance with Standard 1030-D.
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No
separate pay item will be made 'for this material or'its placement:
Payment for pipe culvert, or utility installation includes sawing and/or cutting and
removing existing pavement and replacing the pavement as specified in accordance
with Standard 1401. Payinent for pipe culvert includes plugging existing pipe with
Class "A" or "B" concrete and for constructing concrete collars.
The contractor shall include in his price bid for pipe, the additional cost of bends,
tees, fasteners, appropriate gaskets (see Section 848 of the Standard Specifications),
and structure excavation.
PRECAST CONCRETE UNITS:
Precast Concrete Units, other than those specifically allowed by Georgia Department
of Transportation Specifications,. such as Drop Inlets, Catch Basins, Manholes, etc.,
shall not be installed without written permission from the Engineer. Any such units
installed without such written permission shall be removed from the project.
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PROPERTY CORNERS AND MARKERS:
. All right-of-way marker~ where required shall conform to Standard 9003. Right-of-
way markers shall be flush with the finished ground-line when so directed by the
Engineer.
REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD:
It shall be the contractor's responsibility to remove and reset any and all existing
ornamental shrubs and bushes and sod in conflict. with proposed construction.
Coordination with the property owners is essential in this endeavor. The contractor
will not be held responsible for care and maintenance after removing and resetting
these plants and sod except in cases. where the Contractor's equipment causes
irreparable damage or where plants and/or sod dies as the result of negligence on the
Contractor's part. In which cases, the Contractor will be held responsible for
replacement. Sod shall be reset with ground preparation in accordance with
Subsection 700.05.A. No additional soil or fertilizer is required Jor resetting sod.
The Contractor shall remove the sod in a manner that will be conducive to insuring
that the reset sod will live. At the contractor's option, he may replace any sod he
removes with new sod of the same type. No separate payment will be made for this
work or replacements unless specifically shown as a pay item.
REMOVING AND RESETTING OF OBSTRUCTIONS:
It shall be the Contractor's responsibility to remove and reset any and all obstructions,
such as fences, signs,. concrete or brick planters, steps, walkways, brick or concrete .
entrance columns, etc., which" are in conflict with construction. Contractors are
responsible for the security of pets and/or personal property through the use of
temporary fence if necessary. No separate payment will be made for this work except
when shown as a separate pay item.
RIGHT-OF-WAY AND EASEMENTS:
The Contractor shall not perform any work outside the . limits of the right-of-way or
easements. In addition, no equipment or material shall be placed outside these areas
without written permission of both the property owner and the Engineer. In the event
that the Contractor elects to utilize private property for any purpose connected with
the project, such as, but not limited to, staging areas, equipment and/or material
storage or simply as a convenience, he shall submit a written agreement to the
Engineer containing vital information such as limits of both area and time the
property is to be utilized and. a description of the intended use. The agreement must
be signed by both the property owner and the Contractor and will be reviewed and
recorded by the Engineer. Such agreements must be submitted prior to the
contractor's use of the property.
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SPECIFICATIONS:
This project is based upon, ap.d shall be constructed in accordance with, the State of
Georgia Department of Transportation Standard Specifications for Construction of
Roads and Bridges, current edition and any supplements thereto. All of these
specifications shall be considered as though fully contained her.ein. In cases where
conflicts arise within these specifications, they will be revised to resolve such
conflict. Until the conflict is resolved, the interpretation of the Engineer shall control
the situation.
SPECIFICATIONS, STANDARDS AND OTHER DATA:
All references in this document, (includes all papers, wiitings, documents, drawings,
or photographs used, or to be used, in connection with this document), to State
Highway of Georgia, State Highway Department, Highway Department, or
Department when the context thereof means the Georgia Department of
Transportation means, and shall be deemed to mean, Augusta-Richmond County,
Augusta-Richmond County Commission-Council Department of Engineering
Services.
The data, together with all other information shown on these plans, or indicated in
any way thereby, whether by drawings or notes or in any other matter, are based upon
field investigations and are believed to be indicative of actual conditions. However,
the same are shown as information only, are not guaranteed, and do not bind Augusta-
Richmond County, Georgia in any way. . Only the actual quantities completed and
accepted will be paid for. The attention of the bidder is specifically directed to
Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the
Georgia Department of Transportation, current edition, which will be part of this
contract.
This project is based on, and shall be constructed in accordance with, the State of
Georgia Department qf Transportation Standard Specifications for Construction of
Roads and Bridges, current edition and any supplements thereto. All of these
specifications shall be considered as though fully contained herein. In cases where
conflicts arise within these specifications, they will be revised to resolve such
conflict. Until the conflict is resolved, the interpretation of the Engineer shall control
the situation.
STORM DRAIN PIPE:
Unless otherwise noted, all .~torm drain, longitudinal and stub pIpe are to be
reinforced concrete and shall include O-ring gaskets.
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SUBCONTRACTORS:
The Contractor shall furnish the official name, plus the name. and telephone number
of the 24 hour emergency contact of all firms he proposes to use as Subcontractors in
the work. This information is to be furnished at the Preconstruction Conference.
However, no work shall be done on this project by a Subcontractor until the
Contractor receives written approval of his Subcontractor(s) from the Engineer. The
Engineer shall notify the Contractor in writing within 10 calendar days whether or not
approval of the Subcontractor( s) is granted.
NOTE: All submissions shall include the following information for each
Subcontractor:
1) Name of Subcontracting Firm
2) Description of Work To Be Done
3) Contact Person's Name and Phone Number
Copies of all submissions shall be submitted to:
Ms. Brenda Byrd-Pelaez '.
Room 211 Municipal Building
530 Greene Street
Augusta, Georgia 30911
TESTING OF THE WORK:
The Contractor shall employ a qualified materials testing laboratory to monitor more
fully the quality of materials and work and to perform such tests as may be required
under the contract documents as conditions for acceptance of materials and work.
THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROPER
TO CONTROL THE QUALITY OF THE WORK.
Concrete compressive strength tests are required on this project (see Section 500 of
the Georgia Department of ,Transportation Specifications). Other tests may be
required where necessary.
All test results are to be submitted to the Engineer. No separate payment will be
made for employing the testing laboratory or any required tests.
On projects that include asphaltic concrete, cores shall be cut in the asphaltic concrete
at random locations, selected by the Engineer, to verify thickness. A minimum of
three (3) cores per mile or three (3) cores per project, whichever is greater, shall be
cut by the Contractor. If all thicknesses are satisfactory, in accordance with Section
400 of the Department of Transportation specifications, no further cores will be
required. If cores indicate an unsatisfactory thickness, additional cores, as determined
by the Engineer and at locations of the Engineer's choosing, shall be cut to determine
the extent of the unsatisfactory thickness.
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Corrections as shown in Section 400 of the Department of Transportation
Specifications shall be made where required. There will be no separate payment for
cutting cores, filling core holes, or corrective work. Payment shall be included in the
price bid for asphalticcdncrete items or in the overall bid price of the contract.
TRAFFIC CONTROL:
The Contractor shall provide. construction signs in accordance with requirements of
"Manual on Uniform Traffic Control Devices for Streets and Highways", current
edition with added supplements and special provisions.
The attention of the Contractor is specifically directed to Subsection 107.09 of the
Standard Specifications regarding barricades, danger, wariling, and detour signs.
All temporary signs, barricades, flashing lights, striping and any other traffic control
devices required during construction of this project shall meet all requirements of the
M.u.T.eD., current edition, as directed by the Engineer and be furnished by the
Contractor with payment in accordance with Section 150.
The Contractor shall so conduct his operations that there will be a minimum of
interference with, or. interruption of, traffic on the travelway. This applies to the
initial installation and the continuing maintenance and operation of the facility. At
least one-lane, two-way, traffic shall be maintained at all times unless approved
otherwise by the Engineer. As a minimum, the Contractor must comply with the
Manual on Uniform Tra~fic Control Devices, current edition and Georgia Standard
9102.
TRAFFIC DETOURS:
Where detours are required and in accordance with Section 150 of the Standard
Specifications and any Supplements thereto, the Contractor shall file for approval a
detour plan of operation for this project. This plan shall include details of staging and
rerouting of traffic including estimated length of time for use of the detours.
The Contractor shall so conP4ct his operations that there will be a minimum of
interference with, or interruption of, traffic upon and along the roadway. This applies
to the initial installation and the continuing maintenance and operation of the facility.
At least one-lane, two-way traffic shall be maintained at all times unless approved
otherwise by the Engineer. As a minimum, the Contractor must comply with the
Manual on Uniform Traffic Control Devices, current edition and Georgia Standard
9102.
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UTILITIES:
The Contractor's attention is directed to the possibility of encountering private utility
installations consisting of sarutary sewers, water, sprinkler systems, ornamental light
systems, gas and und~rground telephone cables that either are obstructions to the
execution of the work and need to be moved out of the way or, if not, must be
properly protected during construction. No separate payment will be made for this
work. Public utilities of this nature will be handled by the utility owner, with the
exception of the Augusta Utilities Department.
THE FOLLOWING UTILITY CaMP ANTES SHALL BE NOTIFIED BEFORE WORK
BEGINS:
Georgia Power Comp<l;Ily
Post Office Box 488 .
Augusta, Georgia 30904
Telephone (706) 667-5528
Attention: Ray Staulcup
Atlanta Gas Light Co
1840 Wylds Rd.
Augusta, Georgia 30913
Telephone (706) 481-1453
Attention: Carol Brewer
Bell South
3841 Wrightsboro Road.
Augusta, Georgia 30909
Telephone (706) 210-8021
Attention: Andv Strasser
Augusta Utilities
360 Bay Street, Suite 180
Augusta, Georgia 30901
Telephone (706) 796-5000
Attention: Max Hicks
The following utility owners have facilities which may conflict with construction of
this proj ect:
NAME OF UTILITY OWNER
TYPE OF FACILITY
Georgia Power Company .
Georgia Natural Gas Company
Bellsouth
Augusta Utilities
Power
Gas
Telephone
Water, Sewer
The Contractor shall use the one-call center telephone number 1-800-282-7411 for
the purpo'ses of co'ordimiting the marking of underground utilities.
The Contractor's attention is directed to the probability of encountering private utility
installations consisting' of sanitary sewers, water, sprinkler. systems, ornamental light
systems, gas and underground telephone cables that either are obstructions to the
execution of the work and need. to be moved out of the way or, if not, must be
properly protected during construction. No separate payment will be made for this
work. Public utilities of this nature except Augusta Utilities will be handled by the
utility owner. .
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UTILITY ACCOMMODATION POLICY:
In so far as possible, work shall be scheduled so that open excavations will not be left
overnight. Where trencheS, pits or other excavatioris are within the clear roadside
areas and cannot be backfilled before leaving the job site, they shall be covered by
timbers or metal plates and protected by reflectorized and/or lighted barricades as
appropriate and as directed by the Engineer. Barricades sufficient to prevent a person
from falling into an excavated or work area must be erected in areas where these
conditions exist.
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PROJECTU:hZA~/.L(>f-~ .J2~4Y G~ '.
LOCATION~~ _~_.
DUE DATE C/~I//)/ t!.3 /}rI. _.__0
ARCHlTECT~i:: ~ 6J~
,'i3.0.J!URA..< . : fRo . ' ~ 91 (
AUGUSTA BUILDERS EXCHANGE
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304 . 14th Slreet
. Augusto, Georgia 30903
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Phone 724.184?!i,
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