HomeMy WebLinkAboutClearwell Brick Wall Demolition
Augusta Richmond GA
DOCUMENT NAME: c.u:: I'l CZ\..l.lE:LL tbo..lC..\<.. WALL \) ~yn oL ,'riD N
DOCUMENT TYPE:
YEAR: ;;(00 ~
BOX NUMBER: 1?5"
FILE NUMBER: I i..p {p L/ 9
NUMBER OF PAGES: g/,p
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AUGUSTA UTILITIES DEPARTMENT
AUGUSTA, GEORGIA
CONFORMED
PROJECT MANUAL
HIGHLAND A VENUE WATER TREATMENT PLANT
EXP ANSION AND IMPROVEMENTS
CLEAR WELL BRICK WALL DEMOLITION
CITY PROJECT NO. 20100
BID ITEM NO: 02-202
PREPARED BY
GANNETT FLEMING, INC
AUGUSTA, GEORGIA
PROJECT #39632.220
March 2003
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AUGUSTA UTILITIES DEPARTMENT
AUGUSTA, GEORGIA
ADDENDUM NO.1
TO:
HIGHLAND A VENUE WATER TREATMENT PLANT
EXPANSION AND IMPROVEMENTS
CLEAR WELL BRICK WALL DEMOLITION
CITY PROJECT NO. 20100
BID ITEM NO: 02-202
PREPARED BY
GANNETT FLEMING, INC
AUGUSTA, GEORGIA
PROJECT #39632
NOVEMBER 11, 2002
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4. The 60 calendar day requirement seems unrealistic given the nature of this demolition
project. Can the Contractor be allowed more time?
ANSWER: Yes, the project has been extended by 30 days. Page P-2, first Paragraph, first
sentence of the Proposal Section in the Project Manual should be modified to read "The contract
covering the construction of all work described above will be completed within 90 consecutive
calendar days from the date specified in the "Notice to Proceed", subject to.....the prices bid."
5. If the project time is extended, can the Contractor be paid on a monthly basis instead of
once at the completion of the project?
ANSWER: Yes. Replace the Measurement and Payment Section of the Project Manual with
the following:
MEASUREMENT AND PAYMENT
I. Payment for brick wall demolition (Bid Item I on the Bid Schedule) shall be made to the
Contractor on a monthly. basis, in an amount equal to a percent of the Bid Item based
upon the progress of work completed as determined by the Owner or Owner's
Representative. Final payment shall not be made until the entire brick wall has been
demolished, all demolition debris disposal receipts from an inert C&D Landfill are
received by the Owner, work areas are cleaned up, and the Contractor has removed all his
materials and equipment from the job site.
END OF SECTION
CLARIFICATION:
1. Specification Section 02050, Paragraph 1.01 C refers to approximately 420 linear feet of
approximately 3-foot high brick parapet wall to be demolished. Section T-T drawing
shows this parapet wall to be 4-1/2 feet tall, instead of 3 feet tall.
2. There are four 3-inch diameter galvanized roof drains within the eastern brick wall to be
demolished as noted in Section S-S of the Specifications and shown on the Drawings.
These drains shall be cut off 6 inches below grade and temporarily capped with a
removable plug material. Remove the drain pipes and dispose offsite. The other 9 roof
drains per Section R-R of the Specifications and shown on the Drawings are embedded in
the concrete clearwell wall and shall be protected from damage. The requirement for the
Contractor to protect the clearwell roof drain piping and downspouts as specified in
Section 02050, Paragraph 1.02 D 4 will be waived for the four type S-S drains to be
removed.
AUD/396321D~sign-13iddingITask 22/CI3W/Demo Con/Add No I A-2
Bidders on this Project are hereby notified that this Addendum shall be attached to and made part
of the above-named Bid Package, dated September 2002.
The following items are issued to add to, modify, and clarify the Bidding and Contract
Documents. These items shall have full force and effect as the Bidding and Contract Documents,
and costs involved shall be included in the bid prices. Bids to be submitted by the specified bid
due date shall conform with the additions and revisions listed herein.
Acknowledge receipt of this addendum by inserting its number and date on page P-2 of the
Proposal and returning it with your bid.
PRE-BID MEETING QUESTIONS AND ANSWERS:
1. Is there a City requirement to erect plywood on or near the security fence to prevent
debris and dust from getting on to adjacent streets and public areas?
ANSWER: The Contractor shall erect whatever'means are required to prevent bricks, mortar,
dust and other demolition debris from entering the streets and public areas. Refer to
Specification Section 02050, Paragraphs 1.02 B, 1.02 D 1, and 3.02 C for further information.
2. How does the Contractor address potential erosion of topsoil above the c1earwell roofs
outside of the temporary fence that will be erected along the approximate 420 feet of
brick parapet wall that will be demolished?
ANSWER: Contractor shall scrape a 10-foot wide path to expose the exterior concrete
clearwell roof adjacent to the brick parapet wall to be removed, and evenly spread the excavated
soil within the interior of the clearwell grassy area prior to parapet wall demolition and
temporary fence installation. The requirement for Contractor to protect existing waterproofing
material (gravel, pitch and bitumen-saturated fabric) along the bottom of the parapet wall as
specified in Section 02050, Paragraphs 1.02 D 5 and 3.03 A (first paragraph, last sentence) will
be waived in areas where topsoil is removed to expose the clearwell roof. Refer to Detail A-I of
this Addendum.
Contractor shall take extreme measures to protect clearwell roof structure and associated
manhole structures during topsoil removal, and make any repairs to the satisfaction of the Owner
if damage is made to the clearwell and/or manholes as determined by the Owner or Owner's
Representative.
3. Are there weight limits or types of equipment that are restricted from use on top of the
clearwell areas?
ANSWER: Yes. No large excavators, backhoes or track equipment shall be allowed on the
clearwells. Small excavating equipment such as a Bobcat may be allowed. Materials or
equipment exceeding 3,000 pounds shall NOT be allowed on top of the clearwell area.
^lJD/3l)(,32/D~sign-UiddiJ1gJTask 221C8\V/D~l1lo Con/Add No I A-I
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AUGUSTA UTILITIES DEPARTMENT
AUGUSTA, GEORGIA
PROJECT MANUAL
HIGHLAND AVENUE WATER TREATMENT PLANT
EXPANSION AND IMPROVEMENTS
CLEARWELL BRICK WALL DEMOLITION
CITY PROJECT NO. 20100
BID ITEM NO:
PREP ARED BY
GANNETT FLEMING, INC
AUGUSTA, GEORGIA
PROJECT #39632.220
September 2002
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Highland A venue Water Treatrnent Plant Expansion and Irnprovements
City Project No. 20 I 00
Clearwell Brick Wall Demolition
INDEX FOR CONTRACT DOCUMENTS
Title
Pa~e
INDEX..........................................................................................................,............. .,........ I-I
INVITATION FOR BIDS ................................................................................................... B-1
INSTRUCTIONS TO BIDDERS .... ........................................................... ........... ..... ....... IB-l
PR 0 PO SAL ......................................................................................................................... P-l
MEASUREMENT AND PAYMENT .........,................................:................................... MP-l
BID BOND................................................................................................................ ....... BB-l
AGREEMENT .....................................................................................................................A-l
PERFORMANCE BOND .... ........................ ....... .... ...... ....... ..................... .... ..... ..... ... PERFB-l
PAYMENT BOND.................................................................................................. P A YMB-l
GENERAL COND ITI ONS ............ ...................... ............................................................ GC-l
PAYMENT APPLICATION AND CERTIFICATE ...................................................... P AC-l
SUPPLEMENTARY CONDITIONS.......... ............ ........ ......... .......... ........... ........... ......... SC-l
TECHNICAL SPECIFICA nONS:
02050 Selective Demolition
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Highland Avenue Water Treatment Plant Expansion and Improvements
City Project No, 20 I 00
Clearwell Brick Wall Demolition
INVITATION FOR BIDS
SEALED BIDS for the demolition of approximately 21,000 square feet of brick veneer along the exterior
ofthe clearwells at the Highland Avenue Water Treatment Plant, hereinafter referred to by project name:
IDGHLAND A VENUE WATER TREATMENT PLANT
EXPANSION AND IMPROVEMENTS
CLEARWELL BRICK WALL DEMOLITION
CITY PROJECT NO. 20100
wi II be received by:
Augusta-Richmond County Commission
Hereinafter referred to as the OWNER at the offices of
Geri A. Sams
Augusta Purchasing Department
530 Greene Street - Room 605
Until 3:00 P.M. on the day of
opened and read in the presence of those interested.
, at which time all bids will be publicly
Copies of the Contract Documents may be examined during regular business hours at the offices of:
Augusta Purchasing Department
530 Greene Street - Room 605
Augusta, Georgia 30911
Copies may be obtained at the office of Augusta Purchasing Department upon payment of $15.00 (NON-
REFUNDABLE) for each set.
A mandatory pre-bid meeting will be held at the Purchasing Department Conference Room on at
10:00 A.M. All interested bidders must attend.
A 10% Bid Bond is required to be submitted in a separate envelope so marked along with the bidder's
qualifications; a 100% Performance Bond and a 100% Payment Bond will be required for contract award.
The OWNER reserves the right to reject any or all bids and to waive technicalities and informalities. Please
mark Bid Item Number on the outside of the envelope.
It is the wish of the Owner that minority businesses be given the opportunity to bid on the various parts of the
Work. This desire on the part of Owner is not intended to 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.
GERT A. SAMS, Purchasing Director
Publish:
Augusta Chronicle
Augusta Focus
B-1
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Highland A venue Water Treatment Plant Expansion and Improvements
City Project No. 20 I 00
Clearwell Brick Wall Dernolition
INSTRUCTIONS TO BIDDERS
IB-Ol GENERAL
All proposals shall be presented in a sealed envelope, addressed to the Owner. The proposal shall be
tiled with the Owner on or before the time stated in the Invitation for Bids. Mailed proposals will be
treated in every respect as though filed in person and will be subject to the same requirements.
Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated
any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn
for a period of sixty (60) days after bids have been opened, pending the execution of contract with
the successful bidder.
IB-02 EXAMINA TION 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 o(the Owner, either before or after
the execution of the contract, shall affect or modify any of the terms or obligations therein.
IB-03 ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to
any bidder orally.
Every request for such interpretation should be in writing addressed to Ms. Geri A. Sams, Augusta-
Richmond Purchasing Department, 530 Greene Street, Room 605, Augusta, Georgia 30911, and to
be given consideration must be received at least five 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 by certified mail with return
receipt requested to all prospective bidders (at the respective addresses furnished for such purposes),
not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to
receive any such addendum or interpretation shall not relieve such bidder from any obligation under
his bid as submitted. All addenda so issued shall become part of the Contract Documents.
IB-04 PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made on bid forms should be initialed by the person
signing the bid.
Bidders must quote on all items appearing on the bid forms, unless specific directions in the
invitation, on the bid form. or in the specifications allow for partial bids. Failure to quote on all
IS-I
Highland Avenue Water Treatment Plant Expansion and Improvements
City Project No, 20 I 00
Clearwell Brick Wall Demolition
items may disqualify the bid. When quotations on all items are not required, bidders shall insert the
words "no bid" where appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if
submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be
submitted as such, and shall not reveal the total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of
corporations will be signed by an officer of the firm and his signature attested by the secretary
thereof who will affix the corporate seal to the proposal.
A 10% Bid Bond is required.
IB-05 BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended, which will include and cover the
furnishing of all material and the performance of all labor requisite or proper, and completing of all
the work called for under the accompanying contract, and in the manner set forth and described in
the specifications.
Where estimated quantities are included in certain items of the proposal, they are for the purpose of
comparing bids. While they are believed to be close approximations, they are not guaranteed. It is
the responsibility of the Contractor to check all items of construction. In case of error in extension of
prices in a proposal, unit bid prices shall govern.
IB-06 BIDDER'S QUALIFICATIONS
No proposal will be received from any bidder unless he can present satisfactory evidence that he is
skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all
obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a
separate envelope, a FINANCIAL EXPERIENCE AND 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 five (5) firms or corporations for which the bidder has done similar work.
IB-2
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High land A venue Water Treatrnent Plant Expansion and (rnprovements
City Project No. 20 I 00
Clearwell Brick Wall Oernolition
IB-07 PERFORMANCE BOND
At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of
the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for
the purpose of such contract, conditional for the payment as they become due, of all just claims for
such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and
charges that may accrue on account of the doing of the work specified, and for compliance with the
laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner
and authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated
copy of the power of attorney.
18-08 REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as soon as practicable,
provided satisfactory bids are received. The right is reserved, however to waive any informalities in
bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such
action is deemed to be in the best interest of the Owner.
IB-09 MINORITY AND ECONOMICALL Y DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County Commission to increase the involvement of
qualified minority and economically disadvantaged businesses in the contracted work of County
Government.
In an effort to support this intention, this project is offered to all qualified firms. The bids will be
evaluated based on qualifications, price, and construction time. With all other items being
considered equal, the contract, if awarded will be awarded to a minority and economically
disadvantaged firm or a firm that has included such firms as subcontractors on this project.
The bidders shall include with their bid a statement of 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.
END OF SECTION
!B-3
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Higl1lalldA venue Water Treatmenf Plant Expansion and Improvements
City Project No. 20100
Clearwell Brick Wall Demolition
PROPOSAL
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Highland A venue Water Treatment Pla["!t Exp.msion and Improvements.
City Project No. 20.1 00
Clearwell Brick Wall Oernolition
BID SHCEPULE
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Item . Description .
1 .. ..Brick Wall Demolition All C6mplete' as" (
: . Specified in SeCti6n.02050 and shown:on
the Drawings .~'.,-
.. Units QU~D1tity. Unit Price .
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. .. .'. ..The Contract covenng the constructiopof.all work descri1J~d.abov~ Wjl1 :1Jec9tr!l)lbt~d;W}lliin::60,
., .... .'cdn'se~i.1tive calend~days from the datc 'spedfiediri the "Nptice't()Etoc~ed{{~;stb$cf.'tq-;;~~ti6ti(#1~j,
':,'a~ditiorisand deletionsptovided herein op.tl1e,b.aslsof.r.h~~~e4 quailtities.ofcoiI1ple~eg':W9ik~4..
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.. ..' .. :, the pnces bId. BIdder fiirther agrees: to pay as hqUldated damages the sum of $25,O.;f6r~ e,ach
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... . ".',. ... . . :,,,j{;;'t~j:;::;:;:"'~.!'~~'~;';/~j);';i'/ii);';~;:;:;L;r;r,{jH<:i;f"{/<'<.'l::~:,~;~:,:::::;::i.'\;:';;f;.:1Ji;;;~t<A:)!' ....
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. bidde.{will-within ten (TO)-days~fr~)Inthe:aat{~:~fnbi~fic~ti()ri6r~lccep!ance6flifspt.bpds:aI~ exec,utet .
the contract arid: funiish.theOWiierwhh sa.tisfact6rY;Pe#"()hn~ce aiia:Payment aonds: ihtfi:e. am6Unti"~
.. equal tooue. huncirc.~d percent (100% Y~f th,hotafb4e:'h,id:SuilL EnCl6sed'h~rewithls a;Bid;f.Joncf~rr
. Certified . Check .:':im"'..';.'i:"/("/: ,.the:' ...,' :':'amounf}of"
Dollars ($ '~, 0 00 .QE. . ) belIlg not less thanten{lO%) .percent ofthe t?talbas~
. . bid sum~ (Refer to BidBond Section~) .
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Should the bidder fail to execute the. Contract and. furnish the Performance and Payment Bond in.
case this proposal is accepted, the Owner shall, have the right to receive the amount of the. bid
security as liquidated damages.. If the security is a Certified Check it may be cashed by the Owner
. and the amount received shall become the property of the Owner. If the security is a BidBond,the
val ue' thereof shaIi be paid to the Owner by the Surety.
Theundersigned by submittal of this proposal, agrees that the above stated amount is the proper
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Highland A venue Water T~eatment Plant Expansion and Improvements
City Project No. 20100
Clearwell Brick Wall Demolition
.measure ofliquid~ted damages which the.O\YllerWill sustain by the failure of the undersigned.to
execute the Contract and furnish the'Performance and Payment ~ond.
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The successful bidder shall have a cttrrent Business License.
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The ,OWner 'is. anEq1.JalOppo~ty~mployer,
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Highland Avenue Water Treatment Plant Expansion and Improvements
City Project No. 20100
Clearwell Brick Wall Demolition
MEASUREMENT AND PAYMENT
1. Payment for all brick wall demolition (Bid Item 10n the Bid Schedule) shall be made to the
Contractor as one lump sum amount upon successful completion of all brick wall demolition,
cleanup of all areas, and demobilization of the Contractor from the work site as determined
by the Program Manager (CH2M Hill's field inspector). No payment will be due the
Contractor until the entire brick wall has been demolished, all demolished and excavated
materials have been disposed of at an approved inert landfill (and proof of such disposal has
been received by CH2M Hill), work areas are cleaned up, and the Contractor has removed all
materials and equipment from the job site.
END OF SECTION
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Hi"hland Avenue Water Treatment Plant Expansion and Improvements
'"
.City Project No_ 20 I 00
Clearwell Brick Wall Demolition
BID BOND
Bond#BB0020000822
KNOW ALL PERSONS BY TIIESE PRESENTS~ that w~. the undersigned,
Southern Enterprise Group, Ine. as Principal, and CUrnl::>ei land Casualty and Surety Canpar
as Smety. are hereby held and firmly bound unto the
Augusta-Richmond County Commission as Owner in the penal sum of ten percent (10%) ofth~,
T ota! Base Bid amount for the payment of which, well and truly be made, we hereby jointly and
severally bind ourselves. successors and assigns.
Signed.. this
.200L
day of
27th
November
The Condition of the above obligation is such ~t whereas the Principal has submitted to
Augusta-Richmond County Commission a certain Bid, attached hereto and hereby made
a part hereof to enter into a contract in writing, for the Demolition of Clearwell Brick Wall at the
Highland A venue Water Treatment pJant in Augusta. GeorJtia, City Project No. 20100.
NOW TIiEREFORE.
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the
Form of Contract attached hereto (properly completed in accordance with said Bid) and shall
furnish a bond for hislher faithful perfon:nance of said Contract,. finnishing materials in
connection therewith, and shall in all other respects perform the agreement created by the '
acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in
force and effect; it being expressly unde~ood and agreed that the liability of the Surety fur
any and all claims hereunder shall~ in no event, exceed the penal amount of this obligation as
herein stated.
The Surety, for value received~ hereby stipulates and agrees that the obligations of said
Surety and its bond shall be in no way impaired or affected by any extension of the time
within which the Owner may accept such Bid; and said Surety does hereby waive notice of
any such extension.
"The Laws of the State of Georgia prohibit insurers
trom unfairly discriminating ag~inst any 'per~on bas:d
upon his or her status as a victIm of famIly Violence.
BB-l
coPY
IN WIlNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and
such of them as are corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set forth above_
Principal (print FujI Name)
By: .
TITLE: President
TITLE:, Attorne -in-Fact
IMPORTANT - Surety companies executing bonds must appear on the Treasury
current list (Circular 570 as amended) and be authorized to transact business in the
project is located
END OF SECTION
BB-2
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(L.S.)
ent's most
, where the
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CllMBERLAND CASUAL T\: '-': SURETY COM PAN\'
TAIVIPA, FLORIDA
BOND NQ BB0020000812
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KNOW ALL MEN BY THESE PRESENTS:Thatthe Cumberland Casualty & Surety Company, a corporation duly organized
under the laws of the Stale of Florida,having its principal office in the city of Tampa, Florida, pursuant to the following resolution,
adopted by the Board of Directors of the said Company on the 15th day of April, 1999 , to wit:
"Resolved, that the President of the Company shall have the authority to make. execute and deliver a Power of Attorney
constituting as attorney(s)-in-Fact, such persons, firms, or corporations as may be selected from lime to lime.
Be It further resolved, that the signature of the President, Secretary and the Seal of the Company may be affixed to
any such Power of Attorney or any certificate relaling thereto by facsimile . and any sllch powers so
executed and certified by facsimile signature and facsimil!, seal shall be valid and binding upon the Company in the
future with respect to any bond or consents for the release of retained percentages and/or final estimales
on engineering and construction contracts or similar authority or undertaking 10 which it is a1tached,"
Curnberland Casualty & Surety Company does Hereby make, constitute and appoint
Sam H, Newberry its true and lawful altorney(s}.in-facl. for it and in its name. 10 sign. <<l<.eCule,
acknowledge, deliver, act and deed on its behalf in issuing the bond BB0020000822 in the amount of $13,200.00
and to bind Curnberland Casualty & Surety Company thereby as fully and 10 the same extent as if such bond or undertaking was
signed by the duly authorized officer of Cumberland Casualty & Surety Company, and alllhe acls of said altorney(s)-in-facl
pursuant to the authority herein given, and hereby ratified and confirmed.
IN WITNESS WUEREOF. CumhcrlmllJ Cllsualty & Surrly ClIllIp:llI)' h:ls rallsrd IhcSI' fln'sl'IIIS III hi'
signed by an otliccr IIf Ihr COlllp:WY ~1Il1 its ClIl"I)(lralc Senl to II,' h,'n'l" IIllin-d.
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Ct.lI\1BERL;\NO CASUALTY & St'RET\' CO;\IPANY
STA TE OF' FLORIDA )
)
COUNTY OF HJLLSBOROUGH)
r::_'&I...er .--1/~. ..)
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On this 15th day of April, A,D. 1999. before me personally came Edward J, Edenfield IV, to me known. who being by me duly
sworn, did depose and say; that he resides in the County of Hillsborough,Slate of Florida; that he is President of Cumberland
Casualty & Surety Company, the corporation described in and which executed the above instrument: that he knows the seal of
said corporation: that the seal affixed 10 the said instruments is such corporate seal; that it was so affixed by order of the Board
of Directors of said corporation and thaI he signed his name. thereto by like order,
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STA T[ OF FLORIDA )
)
COUNTY OF HILLSnOROUGH)
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~~y P(.to
OAt:::.-
:eo: (")
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OF f\-\)'
BEVERLY ANN .JERRY
L'Pllun.ssioll if Nil. l'C i' 5~x6 7
Expires ^ut:IIS1 22. 20112
BONDED THIW
ATLANTIC 130NDINti l"1 ).. INl'.
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I, the undeisigned, Secretary of Cumberland Casualty & Surety Company. a Florida Corporation.
that the foregOing and attached POWER OF ATTORNEY remains in full force.
Signed and Sealed atlhe City of Tampa.
DO HEREBY CERTIFY
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DlIll'd Ih,' 27111 Jl,,~ III"
.\U\'rlllhl'I'
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s;.--::L .-::-'.<':.,.,/~';':'...:::."i.z,~/..<. ~,...F
CurHI S. Hlad;, SCLT,'lury
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Principal: SOUTHERN ENTERPRISE GROUP, INC.
Bond Type: OBLIGEES SPECIFIC BID BOND FORM
Obligee: AUGUSTA-RICHMOND COUNTY COMMISSION
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j ~Highland Avenue Water Treatment Plant Expansion and Improvements
~.I""" ~ity Project No. 20 I 00
; Clearwell Brick Wall Demolition
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AGREEMENT
, TIllS AGREEMENT, made on the '3 day of 'febr~ 20~ by and
between AUGUSTA. GEORGIA, BY AND THROUGH THE AUGUSTA-RIC OND COUNTY
COMMISSION, party of the first part, hereinafter called the OWNER,. and
SUd.twtrl f-n\-rY'jlYf<'t'<: hrollp. \ n (' . ,party of the second part, hereinafter called the
CONTRACTOR.
WI1NESSETH, that the Contractor and the Owner, for the considerations hereinafter
named, 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:
Highland Avenue Water Treatment Plant Expansion .and Improvements
Clearwell Brick Wall Demolition
City Project No. 20100
and in accordance with the requirements and provisions of the Contract Documents as defined in the
General and Supplementary Conditions hereto attached, which are hereby made a part of this
agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within 30 calendar
days after the date of written notice by the Owner or the Contractor to proceed. All work shall be
completed within 30 additional calendar days with all such extensions of time as are provided for in
the General Conditions (total project time = 60 days after NTP).
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 prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure
full completion thereof within the time specified. It is expressly understood and agreed by and
between the Contractor and the Owner, that the time for completion of the work described herein is a
reasonable time for completion of the same, taking into consideration the average climatic range and.
construction conditions prevailing in this lo~ality.
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Highland A venue Water Treatment Plant Expansion and Improveme~ts
City Project No. 20100
Clearwell Brick Wall Demolition
IF THE CONTRACTORS HALL 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 Two -
Hundred Fifty ($250) Dollars, not as a penalty, hut as liquidated damages for such breach of contract
as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after .
the time stipulated in .the .Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the.
Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual
damages the Owner would, in such event, sustain, and said amounts shall be retained from time to
time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this
Contract and the specifications wherein a definite portion and certain length of time is fixed for the
additional time is allowed for the completion of any work, the new time limit fixed by extension
shall be the essence of this contract.
ARTICLE III - 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 Bid Schedule. No variations shall be made in the amount except as set
forth in the specifications attached hereto.
(B) Progress Payment
Refer to Article 14 of the General Conditions.
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
Refer to Article 14 of the General Conditions.
[REMAINDER OF PAGE LEFT BLANK INTENTIONAL Y]
A-2
Highland Avenue Water Treatrnent Plant Expansion and Improvements
City Project No. 20 I 00
Clearwell Brick Wall Demolition
IN WI1NESS WHEREOF, the parties hereto have executed this Agreement in three
(3) counterparts, each of which shall be deemed an original, in the year and day fIrst mentioned
above.
(SEAL)
lJtf(kfl)
erk
~ tI.L( 1ti ) fr!Lb1,ftj
WItness I
(SEAL)
;7iT:~
~ Secretary
U~~Qd6W~
WItness
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.k By:
~ As its Mayor
CONTRACTOR:
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By: rx-\fi~
As its. . t- '
Address: '535 \Ynx'hOfY\ I2d )'-h?c
fu.skll G~ ,3D \ \t>r
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\.."UU;:)l.l Ul;UUn renorrnance l:SOna
jlCCOO2000334
.-\ny singular reference 10 Conrr.:lctor. Surety. Owner or other. part~' shall be considered plural where :ipplicable.
CONTRACTOR (Name and AddressJ:
SOUTHERN ENTERPRISE GROUP INC.
535 MAXHAM ROAD
SUITE D
AUSTELL, GA 30168
SURETY (Name and Principal Placeaf Business):
CUMBERLAND CASUALTY & SURETY COMPANY
431t WEST WATERS AVE #401
TAMPA, FL 33614
OWNER (Name and Address':
AUGUSTA-RICHMOND COUNTY COMMISSION
. 530 GREENE STREET
AUGUSTA, GA 30911
ftONO PREMIUM BASED ON
FINAL CONTRACT PRICE
CONSTRUCTION CONTRACT .
Dale: 2/11/03
ArnaUD[: ONE HUNDRED SIXTEEN THOUSAND SIX HUNDRED AND NO/lOO---( $116,600.00)
Description (Name and Localion ,= . .
CLEARWELL BRICK WALL DEMOLITION AT HIGHLAND AVENUE WATER TREATMENT PLANT
IN AUGUSTA GA. PROJECT # 20100
BONO
Da[e I Not earlier than Construction Contract Datel=
Amount; ONE HUNDRED SIXTEEN THOUSAND SIX
Modifications 10 Ihis Bond Form:
NONE
FEBRUARY 11, 2003
HUNDRED AND NO/I00---($ 116,600.00)
I CONTRACTOR AS PRINCIPAL
Company: SOUTHERN ENTERPRISE . (Corp_ Seal)
. GROUP INC. ~ ./
Signa1Ur~:...:.--.~ ~ .<:. ~____
I "t~' '",".'-;&1.0; BRIAN K. LEGGETT 4ID~NI
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CONTRACTOR AS PRINCIPAL
I Company:
Signature:
I Name and TiLle:
I WITNESS AS TO PRINCIPAL;. ~: T~~ . Qp
~CDC No. !910-28A (1984 Edilionl .
rep3red.rhrou!:h the Joinl crTon! oiThe'Sure[y Associ:llion,o( Amer:icll...l;:_n~f\Cert' Join! Conlr.1c! Doc1Jmems Commiucc. The AHOCl.ucd
c:ner.ll Contr.lC:tOrt of America. :lnG the ^mcnc:1ll !nslIrule of Archlle~rsne LaWS of the State of Georg'a h'b"
.1'0111 unfairly d' ". I pro , ,t Insurers
I PERF-R.....l h' . h Iscrlmlnatlng against any person based
S'd >;'"}7Ult IS or er status as a victim ~garow ~~I~~'~.:l
S29S-Bi>S-DU.
(Corp. Seal)
SURETY
Company:
(Corp. Seal)
Signature:
Narne and Title:
. .. ...u, --- -- .........:. "',.." .nC'm:SC:lves.
their hcin. C:~CCUtors. adminimaton. successo~ :1nd :lSsigns 10 the OWfler
for rhe pc"ormilnce ollhe Connrucrion Contract. which 'is incorpor.:ued
herein ov n:terence:.
'~.. If the"Conlr.icror pcnanns Ihe Cunslruclion ConU':lcr. Ihe: Surery :lnd
Ihe CUnl~ctor slr:lll have no oDligalion under Ihis Bond. C:'lce:pr 10 par-
licip:lle in conlcrcnccs;lS pro\'idc:d in Subparagraph J.I.
3. lr there is no o ",ner D.:i3ulI. the SurelY's ob/isalicm unlJer lhis Bond
sh:lll :lnsc :Ilier:
.1.1. Thc Q\\Tlcr h:ls nOlified the COnlldCtor and Ihe SurelY Oil ils :lddn::ss
JcscribcLl in P:lldsrapn IU bc:luw. Ihar Ihe Ov.ncr is consiJcring
Jccl;lrinll a Contraclor Default ;Ind has requested :lnd :lllCmpled
hI ;IlT:1n;e a confcrence wirh the Contr:lcror and Ihe Surel\' ro be
held nlJI- I:uer lhan lineen days a(ler receipI 1)1 such no~ice IIJ
discuss mClhods of pen-orming the: Construcrion Cl.lnrracr. If rhe
OWner. the Conlractor and the Surety a!rce:. rhe C"nrr:ll;ror shall
be: :l/lowed a l'CLSonab'e time 10 pe:nonn rhe Consrrucrion Con-
I~CI. bUI such.:ln auc:emenr shall nOI waive Ihe: Owners ridll. if
:.tn!". subsequenlly 1'0 dc:cl;arc ;I Contraclor DefaWI::uJd - .
.1.:. The Owner has dec:brrG a COnlracror Ocfauil :Ind IOrmally ler-
minaled Ihe Conlrae:tor's ri~hl 10 complere Ihe conrraCL Such
Conrl':lcror Def.:lull shall nOI be dc:d;uoe11 earlier rhan Iwenry cbys
:lfler Ihe COnll':lCIOr ;nd Ihe .su~IY have rec:ei"ed nOliee ~ pro-
\'ided in 5ubp2~@l'3ph 3.1::and
JJ. The Owner has agrud 10 P;Y Ihe Balance: o( lhe Conncr Price:
10 Ihe Su~rv in IIccord;anc:e wirll Ihe tenns o( Ihe ConStruCtion
CelnmCI or to a c~nlraClor sdeeled 10 pen'onn Ihe CODslructioa
COnrl'3CI il1 :acccnfancc wilh Ille Ie:rms of lhe CDnrr:lCl ....irh Ihe
Owner.
.a. When Ihe Owner h3s saiislied Ihe condilions of~~ph 3. the SurelY
shall promptly and al Ihe SurelY's CJtpelUe rake one: of Ihe lallowing
.:Ietions:
04.1. .~rr.ln~c fonhe ConrrAclor. wirh Consenr o(rhe Owner. 10 perform
.lInd complere Ihe: Consrl1lCtion Conrraa; or
~.:!. L'ndenalc:c 10 pctfonn and complete Ihe Conslruction Conlncl
inelf. Ihrou~h irs a~l$ or rhrou@h independenc conrr:acrors: or
~.3. Oblain bids or ne.oriared pl"OJ'Csals from qualified Contractors
. aceeplablc 10 rhe Owncr for a ccnlr;aa ror perfonnalll:c =d Com-
plcrion of Ihe Conslruaion Conlract. .:I/T;I"!e: for a CODlr.ICl ro be .
prep:ln:d for cxecucion by the Owner and the CCnll':lClor selected
wilh Ihe Owner's c:oncurnnc:e. 10 be secured wilh pen-onnance
and paymenr bonds UCCl1lCd by . qu.aJilied surelY equivalenl 10
Ibe: boncU issued on rhe Consllllction Contract. ~ pal' 10 lhe
Owner rhe amounc of dam:oarcs as c1cxribcd in ~pll 6 in
exccss oftJu: Balance: oillleClJnnCl Price incum:d bv tile Owner
mulrin@: from lhe Cl.lnr~clor.s ddaaJr: or .
~..a. Waivr ils rilln to pcrtQnn Ind complel~ atr.Ul~e: for complelion.
or obrain:a Dew ccnrr:acror and with f'ClSonable promprness under
Ihe cin:uIDS1aDCCS:
I. Afler invcsription.. delermine lhe .:all1Ounl (or which il may be
liable 10 lhe Owner and. as soon IlS practiable &fler Ihe aniOUQl
il dcrcrmincd.lrndcr paymCIU Iherefor IU rhe Owner: or
:!. Deny.liabilily in whole or in pan and nOlifY.lhe O"'-nc:r e:ilin!
re:lsons rhcrefor.
,. Irlhe SUR:ry doo noc proceed a.s provided in P:u2gnph" ...irh reason-
I .:lble promptness" rhe ~ sh:uJ be deemed 10 be in default on rhis Bond
. lincen d~!,s after fCl:cipI o( an addilion:ll writlen notice from rnl' Owner
10 Ihe SurelY demaodinglftallhe Surery perform its obliprions under rhis
Bond_ and rhe O""'er shall be enlirJed 10 enforce: any remedv available ro
Ilhe O-ncr. lflhe Surery procccUs as provided in Subpms:f;apll 4.". and
Ihe Owner refuses rhe paymenllcndc:n:d or Ihe Surel y has denied liabililY.
in whole: or in pan. withoul funtler "aria:: lhe OWfler shall be cnrillcd 10
enforce any remedy :avtWahle 10 the Owner.
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fl. ,\flcr rne uwner n:ls lermll\3led Ine L.onlr;aaor's right 10 comp/e:11
Conslruction Conlncl..1l1d ifrhe SurelY elects 10 u:r under Subpar;al
.u. 4.2. or".J above. Ihen Ihe n::ponsibiliries of rhe SurelY 10 the Ot
,hall nOI be rn:ater Ihan Ihose Dr Ihe CUnll'3cor und~ Ihe ConSlnJcl
Conlracr. :lnd the responsibililies of Ihe Owner 10 Ihe SurelY shall no,
Ilreall:r lh3n l/lose of Ihe: Owner under Ihe Cl.IllSll'Uerion Conuaa. ,
~mil oflhe amoum of Ihis Bond. bUI subject ro commilmenl by Ihe 0
of Ihe Balance of Ihe COnlr.lCI Price 10 miriprion of cons and da
on Ihe C..msll'Uclion CelnlI':lCI. the SUI'CIY is obJiplCd wilhoul dup/ic:ati.
for:. . ,
h, J. The responsibililies of rhe Conrr::lclor (or cOtTCcrion o[ defe:
\I.'ork and complelion of Ihe Conslruclion Conll3a:
6.!.. A.ddiliorial legal. desi~ protessional and delay cosas resulri"
(rom Ihe Conll'acror.s Defaull. .:Ind resu/ling frollllhe actiol
failure: ro act orlhe Sun:IY under Pan~ph~: and
6.3. Liquidaled damalle:s. or if no liquidaled ~ arc spccitie
Ihe ConslllJclion Comracl. .:Icrual damage::, caused by debvec
performance or lion-performance o(lhe Conlr:laor. .
7. The SurelY sh.all nor be: 'i~le 10 lhe: Owner or olbcrs for obliplion,
the ConlraCtor lhal arc unre/31Cd 10 the Construction CDnuacl_ ;usd
Ba/.ance of rhe Conu:aCl Price shaJJ nOI be reduced or scr off on acco
ofanv such unrdared obbptionL No righl o[aaion shaU accrue on this
Boni 10 any penon or entilY olber lh.2o the Owner Dr ir.s heir!. e%ccu:J
:IdminiSlf'alon. elr successors.
II. The Sun:ty hereby waives notice ofany clw1se. LndudiDg cll~es
lime. 10 Ihe Con!troczion Conrraa or ro rewed subcontr:lClS.. pun::hase:
ordel3 and olher obligations. ,
9. ."DY prorccding. Je:[Ial or equirable_ under IlUs Bond may be: instilU~
in aD~ coun 01 cemperenl jurisdiction in .Ihe_loc.ario~ i~ wflich Ihe: wo.
or pan o( Ihe work is Ioca.rcd and shall be InSUIU[c:d WllhUl cwo yean after .
COnll'2ClOr Defaull or wilhin IWO yca~ afler Ibe CDnuilctor ccucd work- .
inl or wirhin lWO yun afler rhe Sun:ry n:fus.c:s or (-as 10 JJC.r:f':'nl1 'II .
ublig.:alions under Ihis !3ond. whi~he"er OCCUI3 tinr. ~~ pro"ISJ~ns
Ihis P:lr:a~ph an: VOId or prohlbired by law. Lbe nummwn pcnod 0
limitation .yailable 10 sureties a.s a defense ill rhe jurisdiction of the suil
sbll be appliab/e. ..,
10. NOlice 10 Ihe SurelY. Ihe Owner or .the Conrra.cUlr shall be II13..Iled 0
dc:livered 10 rhe address shown on die SI~tUn: Pille.. ".
II. \VheR rhis Bond has been furnished 10 comply wilh a srarulory or
l.llher lep..l I'Cquirem~n~ in .'he I~rion wiler: r~e co~srru<:tion was 10 be..
pen.ormed. any provISIon In Ws Bond conrliC:lIng W1lb ~d s~"tu[Qfy 0
IcpJ requiremenl shall be deemed deleted he~m and provulons con-
forminp 10 such srarulOry or orner lepJ requan:menr shaU be deemed..
incorPCll'3red herein. The irnenr is rhallhis Bond shall be eonstrUed as a .
lurUIOrY bond and nOI a.s a common law bond.. . I
I:!. Deli'nirio",_ .
I:!.J. ..Balance of 1M Conrraa Price: The IOral amOllnl payable by me .
Owner 10 Ihe Conlrac1Or under the Consrnrction Conma after
:Ill proper adjusunenrs have bceu made. including aI1ow:anc:c 10 I.
rile Comr:aClor of any amounts received or [0 be rcceava1 by
IlIe Owner in seztlcmcnl of insunnc:e or.other daims for ~_ .
.:I!a 10 wllicl1 the Canuacror is c:ourled. reducrd by all -".lId
and proper payments nude 10 or OD behaIC of the Coauaaor .
under rhe Construction ConmeL I
I ::!.2. Consuuetion Com~Cl: The BP=J:DCDI bc:tWCCn rh~ Own~ and
rhe ContncUlr identified on the signarure: page. induc1in& all
Contracl Documents and changes Ihc:rero.
1:!.3. Conrnctor Default; Failure ollhe Conrr.u:tor. which IIu nalher I
been remedied nor waived. 10 pctfonn or orherwise: 10 comply
wnh Ihe terms of Ihe CODSlIlIcUon Conlr.lCL
I~.A. Owner Def2ull: FailuR: of Ihe Qwner. whieb has neirlter bcc:n
remedied nor waived. ro pay the Coorr.u:ror;lS ~quirc:d by the I
Consllllcuon Conuaa or 10 pcrfonn and complccc or comply
w;lb Ihe OIlier lemu lhCftCf.
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(FOR INFORMATION ONLY-Name. Address and Tdephonel
AGENT or BROKER: OWNER'S REPRES ENT A TIVE (Architect. Engineer or other party):
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Construction Payinent Bond
lfCC002000334
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name: and Address):
SOUTHERN ENTERPRISE GROUP INC.
535 MAXHAM ROAD.
SUITE D
AUSTELL, GA 30168
SURElY (Name and Principal Place of Business):
CUMBERLAND CASUALTY & SURETY COMPANY
.4311 WEST WATERS AVENUE #401
TAMPA, FL 33614
OWNER (Name and Address):
AUGUSTA-RICHMOND COUNTY COMMISSION
530 GREENE STREET
AUGUSTA, .GA 30911
CONSTRUCTION CONTRACT
Dale: 2/11/03
Amount: ONE HUNDRED SIXTEEN
Description (Name and Location):
WATER PLANT IN AUGUSTA GA
THOUSAND SIX HUNDRED AND NO/I00---($ 116,600.00)
CLEARWELL BRICK WALL DEMOLITION AT HIGHLAND AVENUE
PROJEGTI120 100
BOND
Date (Not earlier than Construction Contracl DateJ: FEBRUARY 11, 2003
Amount: ONE HUNDRED SIXTEEN THOUSAND S IX HUNDRED AND NO /100--- ($ 116,600,00)
Modifications to this Bond Form:
NONE
CONTRACTOR AS PRINCIPAL
Com!'anY:SOUTHERN ENTERPRISE (Corp.. Scali.
GROUP~ -"- / ~~
Signature: ~
Name and TIHe: BRIAN K. LEGGETT P DENT
ICONTRACTORASP~NC~AL
Company:
(Corp. Seal)
SURETY
Company:
(Corp. Seal)
Signature:
I Name: and TItle:
Signature:
Name and Title:
fITNESS 'AS TO PRINCIl'AL: .. WITy~U~ .QO
ECDC No. /910-28B (1984 Edition) ,
rc:pucd Ihrough lhe joinl ctrons oflhe SUn=IY ....S'Sociarion of Amelia.' Engineers" Joinl Conrr.ac:t Documenn C~mmin~. The Associa.red
cne~1 COntraClors Df Amena. Ameril;an Inslllule of ^rchite.rs. Amerion SubcOnlru:lOrs Association. and lhe AssociOlICd SpcciOl.llY
CDntrac:to". '. ,
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L The Contractor and Ihe Surery.jointly and levcra1Jy. bind Ihemselvcs.
Iheir heirs. eXeCUIOrs. Oldminislr:uors. Successors and assiFTIs 10 lite Owncr
I~ pay '-or-bbor. m:llerials ana equipmcnl iurnished for Use in Ihe penor-
mancc: ollhe ConsrruClion COnlr:lct. \.itliciI is inco~or:lled herein b~ .
referencc.
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~ Wilh re!pect 10 Ihe OWncr. Il1is obli[Zalion shall be null :lnd void if lhe
COnlr:1&:lor:
:.1. Promptly m:lke3 pavmenl. iJirccI'v or indirccdv. (or;l1J sums <.Iuc
Cbimanu. ilJId' . .
.:~. Dc:iends. indemniiies and holds h:umless the Owner irem all cb.ims.
JemallQS. liem 01" suitS by any pe:non or emilY who furnIshed
I:lbor. malerials or C:l:!uipmenl for use: ill the penorTn:lm:c or" Ihe:
ConstnJclion COlllract. provided Ihe Owner h:lS prcmpllv nOllned
.he COnlI'2Clcr:LDd I~ SurelY lallhe address described in P:u:a.
tr.lph I:!) or" any claims.. demands. liens or SuilS :lad lendered
jdense or such ~1aUns. demands. liens or suiu 10 Ihe CllnUactor
and Ihe Surety. iIIId providcil Ihen: is no Owner OefaulL
J. Wilh rcsp~1 10 OaiItWlIS. lhis obli~lion stull be nuU and \'oid ulhe
CoJnlnctor promprly m:li.es paymc:m. WncrJy or indirectly. lOr :111 sums
due. '
.J. The Surrly s~1I have 110 obliption.to Oaimanls underlhis Bond IInlil:
~.I. ~imaals wlto an: employed by or have a dirttl conll'2ct "illl
Ihe Conlrarlor Itave Riven nOlice 10 lhe SurelY 1:lllhe :ldd~
l1e,cribc:d in fara~pii I:!J md senl a copy. or nouce rherro,: 10
Ihe Ownn'o sutill@ thar a cb.im is being made under Illis Bond
and. willi substanriaJ aa:uncy. the amount of lhe cb.im..
~..:.. Cbimanrs woo do nor have a dirra tmnr.:ael willt lhe COnlr.leror.
I. Haye furnished "'"lieD noucc to the Cllnrr.aaar and senr :l
.::opy. or 1I0uce rllen:of. 10 Ihe Owner. wilhin ~ davs Uter
holl villi Lasl pcrtannc:d bbar or bsl furnished mau:rials 0;' equip. .
menl included in .he claim st:ltint. wirll subswlIiaJ accunry.
lhe: amauar C1f rhe claim and rite n.llll'le of the snny 10 whom
rhe maler'Q!J wen: fumished or supplied or Cor whom Ihe labor
was done or penanned: :and .
, Have either m:r;;ved a njcction in ""hole or in put from rhe .
CoJn.r:aaor. or nOI =iyc:d ",itllin ;0 d2vs 01 funushinR rhe
abon nOlice:anv commuDialion irom Ihe COall'2CIOr bv ~hich
rhe C.onU2ctCr has indicared rile cl3im will be p:IJd dir~cllv or
indin:ctJy: and .
.. )lot haying b<<n paid withi.. the above 30 d.1!'J. have senl a
wrineD nolice 10 lIle Sun:ty callne addrus described in Pan.
ERPh 12) lAd sou a copy. or no lice lberteof. 10 the: Owner.
sla1ingUw a cLUm is beiaa made undc:rthis Bond :aud enelosinR
a copy of .the prnoiaus wrinca now:c fumWrcd ro IIle Cun:
I tractor.
~. Ir a notice requ.i~.by ~pll " is ,iyen by lhe Owner .10 the
. Conlraaor or la LIle SURlY. INI is sufficient compliaace.
-6. When Ihe Oaiatant has JOuisficd the condilions oC P:uagr;aplt ... Ibe
Swny shaJl prompdy aDd at Ihe Suray's ~ IUe Ihe foJ/owing
xtions:
6. J." Send an ans~ 10 the Oaimant.. with a COPY ro Ihe Owner. wirhin
~5 daY' Ultt n:cc:iPI oC rhe claim. S1atiD,' rhe olImounu Ihal an:
undispuled aud rhe basis far e.balJensinl allY amounl3 lhat an:
l1UpulI:d.
6~ Payor ur.anse Cor paymcm oCany unctispwcd aaaouolS.
J. The Surery'S rala1 obli~tion sh.aJ1 not c~eced!he amount of !his Bond.
and rhe amount of rllis Bond sh.ll1J be cn:dileu"(or any parmenls made in
I !l00Cl Cairb by lhe Sumy. '
8. AmountS owcG by lhe Owner to lhe Comraaor under Ihe COItSllllction
Contncl sh2ll be used for .he pc:rfonnancc of lIle Consuvaicn COlima
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:lna 10 s:llisiv claims_ if any. under any ConSlrlJction Performance 8
Bv rhe COnlTaclor furnishing and Ihe ~wncr acce:pring Ihis Bond.
a~ec rh.1 .lU funds e.1med by Ihe Conrr.3ctor in Ihe performance 0
C~n5;flIcljon Conlr:lCI an: <.Iedialc:d 10 utisfy ob/i~alions of Ihe C~
Ir.rClor and" the SurelY under Ihis Bond. subjtct to Ihe Owners pri
10 use Ihe I'uncls for the complelion or Ihe worlt.
9_ The SurelY sh:rll nOI be li:rtile 10 Ihe Owne:r. CLlinunu or Olhe/'1
-.lbli...allons of .he COnlr:lCIOr Ih:al ;lTe unn:lalc:d 10 Ihe ConslItJclion Clln
II'2CI. The Owner shall nOI be liable: for paymenl of:myco,ts or e~~e
oJf any Claimant under Ihis 80nd. :lnd shaJJ hollve under Ihis 80nl1
ob/i~lIons 10 maKe paymcnrs 10. give no lice, on bch:aJ{ of. or olh
h:ave ollli..alions 10 Claim:anrs under Ihis Bond.. .
10. TIle S.urelY hereby, waivn norice of any ctl.anf!:e. including Chan~CI~
lime. 10 IlIe ClJnSlllleUon Cunrr.aa or 10 relalcti subconrr.3cts. purch
"reien and olher obligalions. .
II. ~o suir or action sh.a11 be commenced by a Claimut under Ihis Bond
olher lhaln in a coun of eom~elenr jurisdiction in lhe Ioc::uiOD in WhiCh',
....ort 01" pan oC Ihe wont is locaJcd or ailCl' lhe e..pir.uion of ODe y
(rom Ihe dale: I J) on which Ihe Oaim:ant pVC lhe notice required
Subpal'2lt:lpn ol.1 or Clause <1.2 liii). or 12) 0.. whieh Ibe I~l labor or
service was pcnonned by anyone or Ihe lasl malClia!s or equipmenl \IIere J
furnished bv aavone under rhe ConsUl/cUon Conlnct. whicheyc:r or,
or 121linl o~curS. If Ihe p.rovisillllS. of!his ~b &n:. vo!d 01" prohibil
by law. Ihe minimum pt:nod of/inutUlon anilablc ro mrcttc:s as a defense:
i'; Ihe jurisdiction of the suil shall be applicable.. ,
I~ )lolice to rhe S!ln:t". Ihe Owner or lhe COIIIr.Iaor slWl be maiJcdJ
.Jcliv~n:d 10 the address shown on Ihe sipa~ pase. Actual recapt
Douce bv Surelv. Ihe Owner 01" Ihe Conuxtor. however accomplish .'
,haJ.I be: ~u,licie~t compliance a.s oC!he eWe n:aivcd ar rbe:address shown
on the sirnaru~ ~ " . ,
I). WIlen tllis Bond has been furnished 10 comply wirll a statUtory
other I~ r~uiremenr in Ihe location where the consuva;on was 10 b
pcnonned. an~ provision in Ihis Bond conltict:ins willt said SWUlory or
l.:af requirement ,haJJ be deemed delC1cd hc:rcfrom and proyisions co~.
ro~inl! to such slalu'lory or olller lep.I ~uiremr::nt shalJ be deem
inCOfl)Oraled hemn. The inlent is. tnarlhis Bond sJWl be conslfued as '
SlalUlory bolld and nOI as a common law bond.
,,,. l'pon rc:queSl by aD~ pr::non or cnury appc::u1ng 10 ~ a pOlenrl'
benerieiarv oC Ihis Bond. the CODlRCUlr shall prompdy fUl'1IlSh a copy 0
Ihis Bond 'or shall pcnnir . cop)' 10 be made.. .
I~. DEFINITIONS .
15.1. CIa.imanc An individU2l 01" entit!' having a direct conma wir.
Ihe Conrra.Clor or ~Ib a SU~DIr.II:10r oC.Utc Conlnclar r
fumisb labor. marr:rUIs or eqwpJllC1U lor use U1l1le paformanc
oJ""\I: Cllnlr:lct. The inlenr o(this Bonchball be to include .....~hoUI
limitalioll in ihe terms "labor. aatc:riaJs or c:quipnKnt" lhal pOlIn,
o(WaIc:r. gas. power. li~. hc:lL oil. pso!ine. Ielephone ser:"icl
lJr renlal c:quipmenr used m lhc ClllIsuucuon ConlnCl.an:hllee
lur.U and enginc:eriog services rrquired (ar performance of rh :
wort of Ihe Conll'actor and rite unU2Clor'3.subc.onrraaon. and
:J1I olller iu=ms for which a mechanic-s ~ien may ~ auc:nc:d inl.
Ihe jurisdiclion where: rhe: labor. mau:riaJs or c:qtIlpmenl \IIerr
furnished. .. .
15.:!. COI13Ul1ction Contracl: The asrccmcnl belwCCIl lIle Owner and .
Ihe ConrraclDr identified on lite sipalun: ~ includ.ing aU
Conlnel Documcnu and chango thCf'Clo. . I
15.3. Owne:r Defolluh: Failurr of the 01ll1lU. whidl has n,:ilhc:r been
remc:die:d nor ",..ivc:d_ 10 pay Ihe Conrr.lClor as ~uu-cd by Ihe
ConslllJr:ticn Contr.lCl or 10 perform and auuplcre or comply
widl rbe other tenns rben::of. I
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(FOR INFORMA nON ONLY-Name. Address and Telephone). .
Ac;iENT or BROKER: OWNER"S REP~ESENTATIVE (Architect. Engineer or other pany,:
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CUMBERLAND CASUALTY & SURETY COMPANY
TAMPA, FLORIDA
BONO NQ CC002000334
KNOW ALL MEN BY THESE PRESENTS That the Cumberland Casualty & Surety Company, a corporation duly organized
under the laws of the State of Florida,having its principal office in the city of Tampa, Florida, pursuant to the following resolution,
adopted by the Board of Directors of the said Company on the 15th day of April, 1999 , to wit:
"Resolved, that the President of the Company shall have the authority to make, execute and deliver a Power of Attorney
constituting as altorney(s)-in-Fact, such persons, firms, or corporations as may be selected from time to time.
Be It further resolved, that the signature of the President, Secretary and the Seal of the Company may be affixed to
any such Power of Attorney or any certificate relating thereto by facsimile , and any such powers so
executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or consents for the release of retained percentages and/or final estimates
on engineering and construction contracts or similar authority or undertaking to which it is attached,"
Cumberland Casualty & Surety Company does Hereby make, constitute and appoint
Sam H, Newberry its true and lawful attorney(s)-in-fact, for it and in its name, to sign, execute,
acknowledge, deliver, act and deed on its behalf in issuing the bond CC002000334 in the amount of $116,600.00
and to bind Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or-;;;;dert;;ki~g was'
signed by the duly authorized officer of Cumberland Casualty & Surety Company, and all the acts of said attorney(s)-in-fact
pursuant to the authority herein given, and hereby ratified and confirmed,
IN WITNESS WHEREOF. Cumberland Casually & Surety Company has caused these presents to be
signed by an officer of lhe Company and its Corporate Seal to be herelo affixed.
STATE OF FLORIDA )
)
COUNTY OF HILLSBOROUGH)
CUMBERLAND CASUALTY & SURETY COMPANY
!l '?,.._/ .__,;~ :;.._~~-:-...
C-1..u.___~[/ - /" ~.<<:-
Edward ,/. Edenfield IV, President
SS
On this 15th day of April, A.D, 1999, before me personally came Edward J, Edenfield IV, to me known, who being by me duly
sworn, did depose and say; that he resides in the County of Hillsborough,State of Florida; that he is President of Cumberland
Casualty & Surety Company, the corporation described in and which executed the above instrument; that he knows the seal of
said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board
of Directors of said corporation and that he signed his name, thereto by like order.
STATE OF FLORIDA )
)
COUNTY OF HILL8BOROUGH)
./.:".2 ..---......
/ ::J.:;.z.,...--e.'v~~ 0- 'vvL__d1 /-<-o..~.::r?
~~y PV8 BEVERL Y ANN JERRY
~:t f;.. Commission # No, CC 758867
("') Expir<:s August 22, 2002
~ ~ BONDED TI-IRU
~ OF f\..~ ATLANTIC BONDING CO., INC.
S8
I, the undersigned, Secretary of Cumberland Casualty & Surety Company, a Florida Corporation,
that the foregoing and attached POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of Tampa.
DO HEREBY CERTIFY
D:IIl'd till' ~ Day IIr
F,'brlla r\"
2(0)
"-;/ ..,?:7 /? ~
~./--.- ~~;:?" //~., ~~
Carol S. 1II:lel;, SeCrelar)'
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August 2001
GENERAL CONDITIONS
ARTICLE I--DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the
meanings indicated, which are applicable to both the singular and plural thereof:
Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by
OWNER to prospective Bidders prior to the time of opening of Bids.
Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed;
other Contract Documents are attached to the Agreement and made a part thereof as provided therein.
Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in
requesting progress or final payments and which is to include such supporting documentation as is required
by the Contract Documents.
Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work
to be performed.
Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR
and its Surety in accordance with the Contract Documents.
Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and
OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price
or the Contract Time, issued on or after the Effective Date of the Agreement.
Contract Documents-The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's
Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the
Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the
Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically
identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after
execution of Contract together with all amendments, modifications and supplements issued pursuant to
paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement.
Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated
in the Agreement (subject to the provisions of paragraph 11,9,1 in the case of Unit Price Work).
Contract Time-The number of days (computed as provided in paragraph 17.2.1) or the date stated in the
Agreement for the completion of the Work.
CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement.
COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the
Augusta-Richmond County Commission, and its authorized designees, agents, or employees.
Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a
legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther
King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday,
and Christmas Day.
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Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or
deficient, 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
PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10),
Drawings-The drawings which show the character and scope of the Work to be performed and which have
been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents.
Effective Date of the Agreement-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 by the Mayor of Augusta, Georgia.
Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which
does not involve a change in the Contract Price or the Contract Time.
Genera' Requirements-Sections of Division I of the Specifications.
Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders.
Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL)
fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to
perform CONTRACTOR'S obligations under the Contract Documents,
OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission.
Partia' Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a
related purpose) before reaching Substantial Completion for all the Work.
PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to
perform the design and/or resident engineer services for the Work.
PROGRAM MANAGER - The professional firm or individual designated as the representative or the OWNER
who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is
part of an OWNER designated program.
Project-The total construction of which the Work to be provided under the Contract Documents may be the
whole, or a part, as indicated elsewhere in the Contract Documents.
Project Area-The area within which are the specified Contract Limits of the improvements contempl ated to be
constructed in whole or in part under this Contract.
Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his
successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having
in charge the work embraced in this Contract.
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Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM
MANAGER who is assigned to the site or any part thereof.
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, performance charts, instructions, diagrams and other information prepared by a Supplier and
submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work,
Specifications-Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work and certain
administrative details applicable thereto.
Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other
SUBCONTRACTOR for the performance of a part of the Work at the site,
Substantia' Comp'etion-The Work (or a specified part thereof) has progressed to the point where, in the
opinion of PROFESSIONAL as evidenced by PROFESSIONAL'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 used 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 completed" as applied to any Work refer to Substantial Completion thereof.
Supplementary Conditions-The part of the Contract Docu ments which amends or supplements these General
Conditions.
Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor.
Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasement containing such facilities which have been installed
underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, sewage and drainage removal, traffic or other
control systems, or water.
Unit Price Work-Work to be paid for on the basis of unit prices.
Work- The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as
required by the Contract Documents,
Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or
revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to
be performed as provided in paragraph 4,2 or 4.3 or to emergencies under paragraph 6,22. A Work Change
Directive 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 Change Directive 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 Article 10,
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Written Amendment-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 non-engineering
or non-technical rather than strictly Work-related aspects of the Contract Documents,
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ARTICLE 2-PRELlMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these
Contract Documents.
Copies of Documents:
2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1)
complete set of the Contract Documents for execution of the work. Additional sets of the project manual and
drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY
upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges
for printing and reproduction.
Commencement of Contract Time, Notice to Proceed:
2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed
may be given at any time after the Effective Date of the Contract.
Starting the Project:
2.4, CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall
be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR
prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall
be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract
Documents, if CONTRACTOR knew or reasonably should have known thereof.
2.6, Within ten days after the Effective Date of the Agreement (unless otherwise specified in the
General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review:
2.6.1. an estimated progress schedule indicating the starting and completion dates of the various
stages of the Work:
2.6.2, a preliminary schedule of Shop Drawing and Sample submissions, and
2.6,3, a preliminary schedule of values for all of the Work which will include quantities and prices of
items aggregating the Contract Price 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
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of overhead and profit applicable to each item of Work which will be con firmed in writing by CONTRACTOR at
the time of submission,
2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to
each additional insured identified in the Supplementary Conditions, an original policy or certified copies of
each insurance policy (and other evidence of insurance which OWNER may reasonably request) which
CONTRACTOR is required to purchase and maintain in accordance with Article 5,
Pre-construction Conference:
2,8, Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER,
PROFESSIONAL and others as appropriate will be held to establish a working understanding among the
parties as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling Shop
Drawings and other submittals, processing applications for payment and maintaining required records.
Finalizing Schedules:
2.9. At least ten days before submission of the first Appli cation for Payment, a conference attended by
CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the
schedules submitted in accordance with paragraph 2,6. CONTRACTOR shall have an additional ten (10)
calendar days to make corrections and adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to
OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to
OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any
specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL
responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve
CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and
Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for
reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by
PROFESSIONAL as to form and substance.
CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for
maintaining the schedule, including updating schedule. Schedule updates shall include progression of work
as compared to scheduled progress on work, Schedule updates shall accompany each pay request.
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August 2001
ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
AMENDING, REUSE
'ntent:
3,1, The Contract Documents comprise the entire agreement 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 State of
Georgia.
3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment
that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as
being required to produce the intended result will be supplied whether or not specifically called for, When
words or phrases which have a well-known technical or construction industry or trade meaning are used to
describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning.
3,3. Except as otherwise specifically stated in the Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the
Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between
the provisions of the Contract Documents and the provisions of any such standard, specification, manual,
code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the
provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an
interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
Clarifications and interpretations of the Contract Documents s hall be issued by PROFESSIONAL as provided
in paragraph 9.4,
3.4, Reference to standards, specifications, manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the Contract Documents.
3,5, If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any provision of any
such Law or Regulation applicable to the performance of the Work or of any such standard, specification,
manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to
PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a
written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to
OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract
Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof.
Amending and Supplementing Contract Documents:
3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the
Work or to modify the terms and conditions thereof in one or more of the following ways:
3.6.1. a formal Written Amendment,
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3.6,2. a Change Order (pursuant to paragraph 10,3), or
3.6.3, a Work Change Directive (pursuant to paragraph 10.4).
As indicated in paragraphs 11.2 and 12,1, Contract Price and Contract Time may only be changed by a
Change Order or a Written Amendment.
3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized in one or more of the following ways:
3,7,1. a Field Order (pursuant to paragraph 9.5).
3.7.2, PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and
6,26), or
3.7.3, PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4),
Reuse of documents:
3,8, Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing 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 otherdocu ments (or copies of any
thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall
not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the
Project or any other project without written consent of OWNER and PROFESSIONAL and specific written
verification or adaptation by PROFESSIONAL.
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August 2001
ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
A vailabi/ity of Lands:
4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is
to be performed, rights-of-way and easements for access thereto, and such other lands which are designated
for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be
borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or
extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's
furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12. The 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 reports of explorations and tests of subsurface conditions at or contiguous to the site that have been
utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have
been utilized in preparing the Contract Documents.
4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such
reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such
reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER,
PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but
not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to
be employed by CONTRACTOR and safety precautions and programs incident thereto, or
4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any
such data, interpretations, opinions or information.
4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those
ordinarily found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly
before conditions are disturbed and in no event later than 48 hours after first observance of the conditions.
4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they
differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for,
performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable
adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine
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that the conditions at the Site are not materially different from those indicated in the Contract Documents or
are not materially different from those ordinarily found and that no change in the terms of the Contract is
justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be
performed after direction is provided by the PROFESSIONAL.
Physical Conditions-Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the site is based on information and data
furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless
it is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of
any such information or data; and
4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall
have full responsibility for reviewing and checking all such information and data for locating all Underground
Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of
such Underground Facilities during construction, for the safety and protection thereof as provided in
paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be
considered as having been included in the Contract Price.
4.3.2. Not Shown or Indicated. If an 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
reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof
and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22,
identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to
OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to
determine the extent to which the Contract Documents should be modified to reflect and document the conse-
quences of the existence of the Underground Facility, and the Contract Documents will be amended or
supplemented to the extent necessary. During such time, CONTRACTOR 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 Contract Price or an extension of the Contract Time, or both, to the extent that they are
attributable to the existence of any Underground Facility that was not shown or 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 11 and 12.
Reference Points:
4.4. OWNER shall provide Engineering surveys to establish reference points for construction whi ch in
PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established reference points and shall make no changes or
relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL
whenever any reference point is lost or destroyed or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such reference
points by professionally qualified personnel.
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Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor,
Suppliers or anyone else for whom CONTRACTOR is responsible.
4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition
and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and
PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with
PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such
hazardous condition or take corrective action, if any. CONTRACTOR sha II not be required to resume Work in
connection with such hazardous condition or in any such affected area until after OWNER has obtained any
required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such
condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any
special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot
agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times
as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR
to be resumed, either party may make a claim therefor as provided in Articles 11 and 12.
4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such
Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then CONTRACTOR may order such portion of the Work that is in connection with such
hazardous conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR
cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or
Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor
as provided in Articles 11 and 12. OWNER may have deleted such portion of the Work performed by
OWNER's own forces or others in accordance with Article 7.
4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum,
Hazardous Waste or Radioactive Material uncovered or revealed at the site.
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ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal
to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations
under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when
final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract
Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary
Conditions. 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 "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Com 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.
Licensed Sureties and Insurers; Certificates of Insurance
5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained
by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All
bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and
insurance companies shall also meet such additional requirements and qualifications as may be provided in
the Supplementary Conditions.
5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in
5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of
insurance (and other evidence of insurance requested by OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain in accordance with 5.3.
5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of 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.
CONTRACTOR's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other
insurance as is appropriate for the Work being performed and furnished and as will provide protection from
claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of
the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed
or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of
them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar
employee benefit acts;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of
CONTRACTOR's employees;
GC-12
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ACORD ::Kit:R':: T': '.,' :tt:'I:C':::'A:T': "E' ....:.n..p.:::J;:;:FA... ::8' '''''''[:'::.:11' ':v:lNS" .KrR..: 'A" .':N..:..:C.... :E.....ti!iR:::~t: :',:,:-::::: DATE(MMlDOIVY)
... ..... N... ::~P;:;..;.} :::.:r<-:.::n:..:: .:,:.::q:-::'<~J..:.:-:..::.:-::.:.:~:..>t::::-:,:::-:.:::.;:~~t.::.:.:::.>.. :;.:::.:. : ::SOuT:~:1:i):>'::< 0.2 /20/03
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIF!ICATE
HOLOER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
PRODUCER
Hoyla Insurance Group
375 Franklin Road. Ste. 450
Karietta GA 30067
PhOtlsNo. 77 0 -419 -2.4 9 FlxNo. 770-419 -2247
INSURED
CDMI'ANY
A Bssex
COMPANY
9 Continental Casualty Company
COMPANY
Southern Enterprise Group, IDe C
535 Maxham Road, S/;e C-2 COMPANY
Austell QA 30164 0
'~.~~A<?~~::;.:::::::.::::':-:::::::':<:::' ::::::{..;::.::;::::.:';}:;::-: }::;';:;::;:::';'::';':::;.: :;.=.: .::::: .;-:-::: :;':::.;:::::;::.::;: :::::;:::::;Y:'::::-; :.;:::,::.:,:. :.;.;:.::: :;:;:;:: >;:;:;::::::-::';";.;:::;:; ::.:::;: :: '::
THIS IS TO CEm'rF"Y tHAT THe POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUEO TO THE INSURED NAMiD ABOVE FOR THE POLICy PERIOO
INDICATED. NOlWlTHSTANOlNG A1N REQUIIlEMENT. TE~l.4 OR CONDITIOf'/ OP /IJolY CONTRACT OR OTHER DOCUMENT WrTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. tHE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALl. THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOIJCEO BY PAID CLAIMS.
CO
LTR
POLICY EFfECTIVE POLICY EXPIRATION
OA TE (MWOOlYV) DATE I !.1MIODIVY}
l.IMITS
TYPE OF" INSURANCE
POLICY NUMBER
~EAAl. LIABILITY
A X COlAMERClAl GENERAl LIABILITY
:= ~ CLAIMS MAD' ~ OCCUR
_ OWNER'S &.CONTRACTOA'S PROT
X CONTRACTUAL PER
POLICY CVG
~OM08n.e LIABILITY
I-- ANY AUTO
I-- ALL OWNeD AUTOS
GENERAL AGGREGATE
s 1000000
sIncluded
s 1000000
s 1000000
. 50000
s 1000
02/04/03
3CHUS4
02/01/04
PRODUCTS. COMP/op AGG
PEASONAL &. ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (""y one nrel
MED EXP (Any ona Plf&On)
COMBINED SINGLE l.llllT
,
BODIlY INJURY
(P.r parson)
s
I--
I--
f--
~
SCHEOIJl.ED AUTOS
HIRED "UTOS
NON-oWNED AUTOS
s
ooDIL v INJURY
(PH accidlonl)
PROPERTY DA/oolAGE
s
GARAGE LIABILITY
i--
AUTO DNt Y . EA ACCIDENT S
. .... ....., . ...
OTHER THAN IIUTOONlY: : :>:-:-: .;-:.;::::-: : . .;":-:-:..
EACti ACCIDENT S
AGGREGATE S
EACH OCCURRENCE S
i--
ANY AUTO
EXCESS LIABILITY
4 UMBRELLA FORM
I OTHeR TI1AN UMBRELLA FORM
WORK EllS COUPENSATIO/'f ANO
EMPLOYfRS'LlAlIII.ITY
AGGREGATE
s
X J~c,,~T{j~VTS I JOJ~ :.;.:-:-:-:-:.;.:-: ....: : :
l!l.I!ACH ACCIOENT S 1 , 000 , 000
EL DISEASE. POlIC.... LIMIT $ 1,000,000
EL DISEASE. EA El.IPLOYEE S 1,000,000
S THE PROPRIETOR!
PARTNERSlEXECUTIIIE
OfFICERS ARE;
OTHER
IXlINCl
11 ExCL
6SS9UB-879XS75-1-02
05/08/02
05/08/03
DESCRIPTION OF OPERATION8ILOCATIONSlVEMICLESlSPECIAL ITEMS
JOB: 02202 HIGHI.AND AVE. WATER TREATMKN'l'
.CEf:{:T:'P"~A~:J:fPqje~.:.;.:: ::-:-::.::;: ;.;:-::; ;.':':";,:,;,,: :.::::-': :::: ;,,:,: ;.;:::::: ::':::::;:'; ::::.CA~q~!:-~T'QI\I:;:::::': :':: : :.;::::; :. :'::';.:;;:':':::>::':'::.: ....: ::: . .-:'.' '::.:::... ::::::....
AUGUS - 3 SliOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED DErOAf THE
EXPIRATION DATI! T"ER.liOF, THE '-'SUING C;OIAPANY WILL ENDEAVOR TO MAil
.!!l-. DAYIl WRmEN NOTICe: TO TI1E CeATII'ICATl; HOLDER NAMeD TO THI; LEFT,
AUGUSTA UTILITIES DEPT lIUT FAILURE TO 101M. SUCH NOTICE SHALl. IMPOSE NO OBLIGATION OR LIABILITY
ROOM 605, llfONICIPAL SLDG
S30 GREEN ST rn, NY I< NO UPON THE COMPtNY.I71' AGENTSOF\ AEPRESENTATlVES.
AUGUSTA GA 30nl ........ ---\ Or\EOI\EP[~:;E ^.f?q
A. 'c' Q" Ro.' ;oj...... .(;".0..:,......... .;.:-:-..:-:::'. ...: : :-. .>>> .. :: .':-:':: :.'. ::.. .:.:-'.. :: :.:-...:- : :....\).: \~/) .:-~:.~ :-:-:l :.;p..;.:...;.:-:.:L0....:r.O..RD i"it:"\F.tPO~A-nr..N' .f98A....
., ",:J~. ~.~,.>: .. .. ............ .',". '0.. .. . . ,',' . . .. '. ..... ...... .... ...........". ...'..... .. ...:;\.~ ..... .. . ..f....... .. ..,..... .. . ......' ."'\""" . ""'"v...... ~~.""" '. . .~'. .
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Augu!lt 2001
5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other
than CONTRACTOR's employees;
5.3.4. 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 (b) by any other person for any other reason;
5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located, including loss of use resulting therefrom;
5,3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or
death of any person or for damage to property; and
5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising
out of the OWNERSHIP, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less
than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law,
whichever is greater. The comprehensive general liability insurance shall include completed operations
insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or
other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be
canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to
OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in
effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain
such completed operations insurance for at least two years after final payment and furnish OWNER with
evidence of continuation of such insurance at final payment and one year thereafter.
Contractual Liability Insurance:
5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual
liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33.
OWNER's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance,
and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will
protect OWNER against claims which may arise from operations under the Contract Documents.
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 provided in the Supplementary Conditions or required by Laws and
Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors,
PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall
be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage
and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious
mischief, collapse and water damage, and such other perils as may be provided in the Supplementary
GC-13
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August 2001
Conditions, and shall include damages, losses and expenses arising out of or resulting from any insure d loss
or incurred in the repair or replacement of any insured property (including but not limited to fees and charges
of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk"
insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and
maintain similar property insurance on portions of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for Payment.
5,7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property
insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include
the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's
consultants in the Work, all of whom shall be listed as insured or additional insured parties.
5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be
purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at
least thirty days prior written notice has been given to CONTRACTO R by certified mail and will contain waiver
provisions in accordance with paragraph of 5.11.2. .
5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to
protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible
amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will
be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other special insurance be included in the property
insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to
CONTRACTOR by appropriate Change Order or Written Amendment. Prior to com mencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been
procured by OWNER.
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages
caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and
5.7 and other property insurance applicable to the Work, and also waive all such rights against the
Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in
such policies for losses and damages so caused. As required by paragraph 6,11, each subcontract between
CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of
OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all ot her parties named as
insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the
proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued.
5.11.2. OWNER and CONTRACTOR intend that 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 by
the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event
of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named
as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by
PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same, and if such waiver forms
GC-14
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August 2001
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 requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall
deposit in a separate account any money so received and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work
shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost
thereof covered by an appropriate Change Order or Written Amendment.
Receipt and Application of Insurance Proceeds
5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one
of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's
exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the
insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any
party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper
performance of such duties.
Acceptance of Insurance:
5.14, If OWNER has any objection to the coverage afforded by or other provisions of the insurance
required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on
the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing
thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph
2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7
on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in
writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance
with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information
in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of
such insurance purchased by the other as complying with the Contract Documents.
Partial Utilization-Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with
paragraph 14.10 provided that no 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 insurance shall consent by endorsement on the policy or
policies, but the property insurance shall not be canceled or lapse on account of any such partial use or
occupancy.
Indemnification
5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its
GC-15
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Revision Dl!Ite
August 2001
employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and
expenses, including attorneys' fees, arising out of or resulting from the performance of its Work, provided that
any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom
and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or
not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder.
5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of
CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall
not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any SUBCONTRACTOR underworkmen's compensation acts, disability benefit acts, or
other employee benefit acts.
5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly
employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys'
fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in
connection with any alleged infringement of such rights.
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ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
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 Documents. 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 specification of a specific means, method, technique, sequence or
procedure of construction which is shown or indicated in and expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident
superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except
under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site
and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be
as binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the
Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times
maintain good discipline and order at the site. Except in connection with the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not
permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's
written consent given after prior written notice to PROFESSIONAL.
6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and
assume full responsibility 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 whether temporary or permanent necessary for the execution, testing,
initial operation, and completion of the Work as required by the Contract Documents.
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in
the Contract Documents. If required by PROFESSIONAL, 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, connected, erected, used, cleaned and conditioned in accordance with
the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no
provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL'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 responsibility contrary to the provisions of paragraph 9.14 or
9.15.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in
paragraph 2,9 adjustments in the progress schedule to reflect the impact thereon of new developments; these
will conform generally to the progress schedule then in effect and additionally will comply with any provisions
GC-17
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Rl!!lvislon Date
August 2001
of the General Requirements applicable thereto.
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to
establish the type, function and quality required. Unless the name is followed by words indicating that no
substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if
sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material
or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL
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 PROFESSIONAL from anyone other than
CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment,
CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the
proposed substitute will perform adequately the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that specified.
The application will state that the evaluation and acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Completion 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 with the Work is subject to payment of any
license fee or 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 indicated. The application will
also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such
substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of
which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL 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, technique or procedure of construction acceptable to PROFESSION AL, if CONTRACTOR submits
sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be
similar to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in
the General Requirements.
6.7.3, PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed
substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed
or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change
Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's
expense, a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL
will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby.
Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for
the charges of PROFESSIONAL and PROFESSIONAL'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 Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether
initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection.
CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to
furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or
other persons or organizations including those who are to furnish the principal items of materials and
equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by
OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the
Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to
make written objection thereto by the date indicated for acceptance or objection 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, and the cost
occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment
signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person
or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and
omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any
of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual
relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to payor to see to
the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as
may otherwise be required by Laws and Regulations.
6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall
not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to
be performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL
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 policies issued
pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use
in the performance of the Work or the incorporation in the Work of any invention, design, process, product or
device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and
hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them
from and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration
costs arising out of any infringement on patent rights or copyrights incident to the use in the performance of
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the Work or resulting from the incorporation in the Work of any invention, design, process, product or device
not specified in the Contract Documents, and shall defend all such claims in connection with any alleged
infringement of such rights.
Permits:
6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental
charges and inspection fees, and all public utility charges which are applicable and necessary for the
execution of the Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and
paid for by OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting
process will be considered for time extensions only and no damages or additional compensation for delay will
be allowed.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and
Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such
laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes
shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows
or should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice
to the Project Manager, it shall bear all related costs.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in
accordance with the Laws and Regulations of the place of the Project which are applicable during the
performance of the Work,
Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by the
Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and
easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is
solely at the risk of CONTRACTOR, CONTRACTOR shall assume full responsibility for any damage to any
such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting
from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL 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
harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of
PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising
directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party
against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work.
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6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris or contaminants 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 equipment and machinery, and surplus materials,
and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original
condition all property not designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to
stresses or pressures that will endanger them.
Record Documents:
6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents
and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all
changes made during the construction process. These shall be available to PROFESSIONAL and the Project
'Manager and shall be submitted with the Application for Final Payment.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored
equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored
equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or loss to:
6,20.1. all employees on the Work and other persons and organizations who may be affected
thereby;
6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or
off the site; and
6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or
replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction
for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of
adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect
them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.
All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or
indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other 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, shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or
PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be
liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON-
TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall
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continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER
and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Completion).
6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be
the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless
otherwise designated in writing by CONTRACTOR to the Project Manager.
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 PROFESSIONAL or
OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give
PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a
change in the Contract Documents is required because of the action taken in response to an emergency, a
Work Change Directive or Change Order be issued to document the consequences of the changes or
variations.
6.22.1, CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to
any person on the Site, whether or not such person was engaged in the construction of the Project, and shall
file a written report on such person(s) and any other event resulting in property damage of any amount within
five (5) days of the occurrence.
6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because
of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to
document the consequences of such action.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to
PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and
samples required by the Contract Documents. All submittals and samples shall have been checked by and
stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data
shown on or with the submittals will be complete with respect to dimensions, de sign criteria, materials and any
other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of
each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or
sample may have from the requirements of the Contract Documents.
6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and
approval shall be only for conformance with the design concept of the Project and compliance with the
information given in the Contract Documents. The approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by
PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's
stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and
OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction
criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or
coordinated with the requirements of the Work and the Contract Documents.
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6.24.1. No Work requiring a submittal or sample submission shall commence until the submission
has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample
shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and
OWNER. Any delays associated with the submittal process will be considered for time extensions only, and
no damages or additional compensation for delay will be allowed.
6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined
and verified all quantities, dimensions, specified performance criteria, installation requirements, materials,
catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or
sample with other Shop Drawings and samples and with the requirements of the Work and the Contract
Documents.
6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written
notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to
PROFESSIONAL for review and approval of each such variation.
6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and
samples, but PROFESSIONAL'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.
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6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has,
in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the
OWNER has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not
relieve CONTRACTOR from responsibility for errors or omissions in the submittals.
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6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of
shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work
performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole
expense and responsibility of CONTRACTOR.
Continuing the Work:
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6.30. 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 pending resolution of any
disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may
otherwise agree in writing.
Cleaning Up:
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6.31. CONTRACTOR shall maintain the site free from aCGumulations of waste materials, rubbish, and
other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the
work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools,
construction equipment and machinery, and surplus materials and will leave the Site clean and ready for
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occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In
addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to
maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore
to original condition those portions of the site not designated for alteration by the Contract Documents.
Indemnification:
6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and
hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL 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 PROGRAM MANAGER, PROFESSIONALs, architects,
attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the
performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself)
including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by
Law and Regulations regardless of the negligence of any such party.
6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL 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 6.32 shall not be limited
in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of
PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or
approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications.
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ARTICLE 7 ---OTHER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have
other work performed by aided 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 performance will involve additional expense to CONTRACTOR or requires
additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a
direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper
and safe access to the site and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work
of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the
written consent of PROFESSIONAL and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other
contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct
contracts between OWNER and such utility OWNERs and other contractors.
7.2. 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
PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. CONTRACTOR's failu!e so to report will constitute an
acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or
nonapparent defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the performance 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 contractors 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 authority and
responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the
Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in
respect of such coordination.
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ARTICLE 8---0WNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all
communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a
PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the
Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such
appointment shall be subject to arbitration.
""- 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and
14,13.
8.4. OWNER's duties in respect of providing lands and easements and providing Engineering
surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to
OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the site and in existing structures which have been utilized by PROFESSIONAL in
preparing the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property
insurance are set forth in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3.
8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and
15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain
circumstances.
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ARTICLE 9---PROFESSIONAL'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties
and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during
construction are set forth in the Contract Documents and shall not be extended without written consent of
OWNER and PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of
construction to observe the premises and quality of the executed Work and to determine, in general, if the
Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.
PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that
the completed Work will conform to the Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER
informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in
the Work.
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project
Representative to assist PROFESSIONAL in observing the performance of the Work. The duties,
responsibilities and limitations of authority of any such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at
the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of
authority of such other person will be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably
requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of
the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to
an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in
Articles 11 or 12.
Authorized Variations in Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order
and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If
CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may
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make a claim therefor as provided in Article 11 or 12.
Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL
believes to be defective and will also have authority to require special inspection or testing of the Work as
provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.29 inclusive.
9,8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11
and 12.
9.9, In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment,
etc., see Article 14.
Determinations for Unit Prices:
9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's
preliminary determinations on such matters before rendering a written decision thereon (by recommendation
of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and
binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either
OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written
notice of intention to appeal from such a decision,
Decisions on Disputes:
9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents
and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the
performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the
Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a
formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a
reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant
to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after
the occurrence of the event giving rise thereto) and written supporting data will be submitted to
PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL 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 9.10 and 9.11, PROFESSIONAL
will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any
interpretation or decision rendered in good faith in such capacity. The rendering of a decision by
PROFESSIONAL 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 payment as provided in
paragraph 14,16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights
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or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in
respect of any such claim, dispute or other matter.
Limitations on PROFESSIONAL's Responsibilities:
9,13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract
Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or
responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees.
9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques,
sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be
responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.
9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any
Subcontractors, any agents or employees, or any other persons performing any of the Work.
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ARTICLE 10--CHANGES IN THE WORK
10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions,
deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request,
identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a
written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request
calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the
proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall
not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable
conditions of the Contract Documents.
10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not
entitle CONTRACTOR to an increase in the Contract Price or an extensi on of the Contract Time, except in the
case of an emergency as provided in Article 6. The effect of this paragraph shall remain para!11ount and shall
prevail irrespective of any conflicting provisions contained in these Contract Documents.
10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency
as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the
Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and
CONTRACTOR and submitted to OWNER for approval.
10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a
Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with
Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined
to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR
may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated
to fully perform the work as directed by the Work Change Directive.
10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. 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 CONTRACTOR's responsibility, and the
amount of each applicable Bond will be adjusted accordingly.
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ARTICLE 11-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to written authorized
adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's 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 PROFESSIONAL promptly (but in no event later than thirty days)
after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of
the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless
PROFESSIONAL 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 consequential) 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 PROFESSIONAL in accordance with
paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for
an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the
Contract Price will be determined by the following procedures:
11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and
acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are
approximations prepared by OWNER for bid purposes and that the actual compensation payable to
CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual
quantities of items involved as measured in the field and required to complete the Work as originally defined in
the Contract Documents.
11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as
defined in these Contract Documents, is required and affects the quantities required for items designed in the
Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to
CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the
application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item
required to complete the Work as defined in the Contract Documents.
11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and
CONTRACTOR may establish unit prices as agreed on by Change Order.
11,3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the
Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the
amount of increase or decrease in the lump sum price shall be established by mutual agreement of the
parties.
11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree
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on a price for the changed work, a reasonable price for the same shall be established by OWNER in
accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said
reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed
in the Change Order.
11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions
within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs
to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the
discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum
quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to
construct to plan or authorized dimensions.
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 locality of the Project, shall
include only the following items and shall not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for
employees not employed full time on the Work shall be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits
which shall include social security contributions, unemployment, excise and payroll taxes, workers' or
workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the
. above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation 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. Trade discounts, rebates and
refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors
acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of
PROFESSIONAL, 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 CONTRACTOR's Cost of the Work. All subcontracts shall be subject 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, surveyors, attorneys and accountants) employed for services specifically related to the Work.
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11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties connected with the Work,
11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, 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
PROFESSIONAL, 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, machinery
or parts shall cease when the use thereof is 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 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, and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise,
to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of
the Work (except losses and damages within the deductible amounts of property insurance established by
OWNER in accordance with paragraph 5.6) provided 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 includ e settlements made with the written consent
and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work
for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires
reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a
fee proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
site, expressage and similar petty cash items in connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the
Work and premiums of property insurance coverage within the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.6.
11.5. The term Cost of the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys,
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auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office
for general administration of the Work and not specifically included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to
be considered administrative costs covered by CONTRACTOR's Fee.
11,5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's
office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital
used for the Change Order Work and charges against CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except for the cost of premiums
covered by subparagraph 11.4.5.9 above).
11.5.5. Costs due to 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, including but not limited to,
the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any
damage to property.
11.5.6. Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6. CONTRACTOR's Fee allowed to CONTRACTOR 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 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be
fifteen percent,
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five 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 11.4.4, 11.4.5 and
11.3,
11,6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change
which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in
CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and
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11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4, inclusive.
11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with
supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the
amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net
decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project
Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved
in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether
an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required
by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and
rate for each piece of equipment, material by units of measure and price per unit, other costs specifically
itemized, plus the overhead and profit markup.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so
named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or
Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL
CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs,
overhead, profit and other expenses contemplated for the allowances have been included in the Contract
Price and not in the allowances. No demand for additional payment on account of any thereof will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to
reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract
Price shall be correspondingly adjusted.
Unit Price Work:
11,9.1, Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified item of Unit Price Work times the estimated quantity of
each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not
guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR
will be made by PROFESSIONAL in accordance with Paragraph 9.10.
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 separately identified item.
11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs
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materially and significantly from the estimated quantity of suc h 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, CONTRACTOR may make a claim for an
increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount
of any such increase.
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ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in
the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7)
calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be
submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the
OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time
must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was
beyond CONTRACTOR's control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or
completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or
by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor
disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by
CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the
Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine.
CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay
which OWNER may determine to be due solely to such causes and only to the extent such occurrences
actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all
the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract
Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance,
progress, commencement or completion of the Work for any cause whatsoever, including those for which
OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty
to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's
sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of
any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the
procedures set forth herein,
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ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be
new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner,
free from faults or defects, and in accordance with the requirements of the Contract Documents and any
inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work
not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all
applicable building, construction and safety requirements shall be considered defective. Notice of all defects
shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be
rejected, corrected, or accepted as provid~d in this Article.
Access to Work:
13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated
representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be
given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of
the Work and also for any inspection or testing by others.
Tests and Inspections:
13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than
CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore.
13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or
approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All
other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for
inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours
per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled
away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspectio n,
testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society
for Testing and Materials or such other applicable organizations as may be required by law or the Contract
Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of
PROFESSIONAL and at CONTRACTOR's expense.
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 PROFESSIONAL if so specified).
13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered
without written concurrence of PROFESSIONAL, it must, if requested by PROF ESSIONAL, be uncovered for
observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given
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PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not
acted with reasonable promptness in response to such notice.
13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or
approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the
Work in accordance with the requirements of the Contract Documents.
Uncovering Work:
13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the
prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of
PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation,
inspection, testing or approval and replaced at CONTRACTOR's expense.
13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by
PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall
uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may
require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is
found that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not
limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and
OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to
agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If, however,
such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or
an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation,
inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
OWNER May Stop the Work:
13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or
suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or
equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order
CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of
OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the
benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the
Contract Price or Contract Time or other damages for a stop work order under this paragraph,
Correction or Removal of Defective Work:
13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER
and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or
completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not
correct such defective Work or remove and replace such defective Work within a reasonable time, as
specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct
and indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to
CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work
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of others destroyed or damaged by the correction, removal, or replacement of the defective Work.
One Year Correction Period:
13.12. If, after approval of final payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Documents, any Work or materials are found to be
defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such
defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective
Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have
the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such
removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and
other professionals) will be paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER
(and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it,
OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to
OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by
PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL'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 11. If the acceptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to
proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in
accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents,
OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In
exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent
necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part
of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto,
take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and
incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees such access to the site as may be necessary to enable OWNER to
exercise the rights and remedies under this paragraph. All direct, indirect and con sequential costs of OWNER
in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to
reasonableness by PROFESSIONAL, 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
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decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may
make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but
not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs
and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or
replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the
Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of
OWNER's rights and remedies hereunder.
Neglected Work by CONTRACTOR
13.15, If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents,
including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit
a recovery plan and take specific corrective actions including, but not limited to, employing additional
workmen and/or equipment, and working extended hours and additional days, all at no cost to OWNER in
order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate
corrective action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of
Work and have the Work done by others. The cost of completion under such procedure shall be charged
against CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the
Contract Documents, including an appropriate reduction in the Contract Price. If the payments due
CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs
to OWNER of associated inspection, construction management and resident engineers shall be identified to
CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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ARTICLE 14-PA YMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress
payments and will be incorporated into a form of application for Payment acceptable to Project Manager.
Progress payments on account of Unit Price Work will be based on the number of units completed.
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date established for each progress payment (but
not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an
application 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 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 satisfactory to OWNER. Payment is subject to a ten percent (10%)
retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment
covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no
later than the time of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or
return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit
the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for
payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount
recommended.
14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment
will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site
observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROF -
ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work
has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and
belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the
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Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests
called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price
Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that
CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such
payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous
on-site inspections have been made to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that th ere may not be
other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by
OWNER or OWNER to withhold payment to CONTRACTOR.
14,6. PROFESSIONAL's recommendation of final payment will constitute an additional
representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being
entitled to final payment as set forth in paragraph 14.13 have been fulfilled.
14,7, PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in
PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL
may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent
as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because:
14,7.1, the Work is defective, or completed Work has been damaged requiring correction or
replacement.
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order.
14.7,3. OWNER has been required to correct defective Work or complete Work in accordance with
paragraph 13.14. or
14.7.4. of PROFESSIONAL's actual knowledge ofthe occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims
have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or
Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set
against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a
copy to PROFESSIONAL) 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 PROFESSIONAL in writing that the entire Work is substantially complete (except for
items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a
certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If
PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify
CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially
complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial
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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 corrected before final payment. OWNER shall have seven days after
receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any
provisions of the certificate or attached list. If, after considering such objections, PROFESSIONAL concludes
that the Work is not substantially complete, PROFESSIONAL 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, PROFESSIONAL considers the Work substantially complete,
PROFESSIONAL will within said fourteen days execute and deliver to OWNER and CONTRACTOR a
definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or
corrected) reflecting such changes from the tentative certificate as PROFESSIONAL believes justified after
consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial
Completion, PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation as to
division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to
security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform PROFESSIONAL prior to PROFESSIONAL's issuing
the definitive certificate of Substantial Completion, PROFESSIONAL's aforesaid recommendation will be
binding on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct
items on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i)
has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and
CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by
OWNER for its intended purpose without significant 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
following:
14.10,1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If
CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the
Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion
for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that
CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete
and request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within
a reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an
inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not conside r
that part of the Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR,
in writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially
complete, the provisions of paragraphs 14.8 and 14,9 will apply with respect to certification of Substantial
Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.
14,10.2. OWNER may at any time request CONTRACTOR, 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
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sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and
PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final
payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the
Work is not ready for separate operation by OWNER, PROFESSIONAL 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, insurance, warranties and
guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time
when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed
PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work,
OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to
complete other related Work.
14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
14,10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion
thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will
notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete
or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi-
ciencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of
PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance
and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required
by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may
make application for final payment following the procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety,
if any, to final payment, and (iii) 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 of such releases or waivers of liens and as
approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of
CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which
a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with
the Work for which OWNER or OWNER's property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full,
CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against
any lien.
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14.12.1. No application for final payment will be accepted by OWNER until approved as-built
documents by CONTRACTOR are accepted and approved by PROFESSIONAL.
14,12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER
and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider,
Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of
them are or will be made, Such parties shall rely only on CONTRACTOR's surety bonds for remedy of
nonpayment by him, CONTRACTOR agrees to defend and resolve all claims made by Subcontractors,
indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or
supplier or material men or laborer services in connection with this project.
14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any
damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the
work required by these contract documents.
Final Payment and Acceptance:
14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final
inspection and PROFESSIONAL's review of the final Application for Payment and accompanying
documentation as required by the Contract Documents, PROFESSIONAL is satisfied thatthe Work has been
completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled,
PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate
in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for
payment. At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR
that the Work is acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the
application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in
which case CONTRACTOR shall make the necessary corrections and resubmit the Application. After the
presentation to OWNER of the application and accompanying documentation, in appropriate form and
substance and with PROFESSIONAL's recommendation and notice of acceptability, the amount
recommended by PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and
if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for
Payment and recommendation of PROFESSIONAL and without terminating the Agreement, 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 Contract and
if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR
to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. Neither recommendation of any progress or final
payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor
any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or
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occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER
nor any failure to do so, nor any review and approval of a Shop Drawing or sample
submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to
paragraph 14.13, nor any correction of defective Work by OWNER will constitute an
acceptance of Work not in accordance with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents
(except as provided in paragraph 14.16).
Waiver of Claims:
14.16. The making and acceptance of final payment will constitute:
14.16,1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from
unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply
with the Contract Documents or the terms of any special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made
in writing and still unsettled.
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ARTICLE 15--SUSPENSION OF WORK AND
TERMINA TION
OWNER May Suspend Work:
15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL 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 adjustment in the Contract Price or an extension of the Contract Time, or
both, directly attributable to any suspension if CONTRACTOR makes an a pproved claim therefor as provided
in Articles 11 and 12.
Termination For Cause:
15.2, Upon the occurrence of anyone or more of the following events:
15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code
. (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or
similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating
to the bankruptcy or insolvency;
15.2,2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now
or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief
against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or
insolvency;
15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors;
15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law
or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the
purpose of enforcing a Lien against such property or for the purpose of general administration of such
property for the benefit of CONTRACTOR's creditors;
15.2,5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due;
15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time);
15,2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or
15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract
Documents,
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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
not be entitled to receive any further payment until the Work is finished, If the unpaid balance of the Contract
Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to
fees and charges of PROFESSIONALs, architects, attorneys 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 PROFESSIONAL and incorporated in a Change Order, but when exercising any rig hts or
remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work
performed.
15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially
determined that there was no cause for termination, the termination for convenience provision will be the
means for disposition of the balance of the contract obligations.
Termination for Convenience
15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER
may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the
Contract. In such case, CONTRACTOR shall be paid (without duplication of any items):
15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such
Work;
15.4.2. For expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials or equipment as required by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.5. 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.
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CONTRACTOR May Stop Work or Terminate:
15.6, If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than
ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails
to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days
to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working
days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not
remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER
payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to
any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty
days after it is submitted or OWNER has failed for thirty-one calendar days after it is submitted to pay
CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice
to OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due
CONTRACTOR, including interest thereon, The provisions of this paragraph are not intended to preclude
CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract
Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the
obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without
delay during disputes and disagreements with OWNER.
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ARTICLE 16--DISPUTE RESOLUTION
16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or
both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the
commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining
to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state
the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope.
In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the
time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a
continuing character and notice of the claim is not given within ten (10) working days of its commencement,
the claim will be considered only for a period commencing ten (10) working days prior to the receipt by
OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR
by registered or certified mail, return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR
arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia
Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract
consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right
to contest same.
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ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it
will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or
to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail,
postage prepaid, to the last business address known to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed
to exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be
omitted from the computation.
17,2.2, A calendar day of twenty-four hours measured from midnight to the next midnight shall
constitute a day.
General:
17,3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of
any error, omission 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 should 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 provisions of any applicable statute of limitations or
repose.
17.4. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees
and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all
of the rights and remedies available to OWNER and PROFESSIONAL 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 representations, warranties and guarantees made in the Contract Documents will
survive final payment and termination or completion of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this
Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of
five (5) years from the date offinal completion or termination of this Contract. OWNER shall have the right to
audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the
period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be
conducted only during normal business hours. OWNER, during this period oftime, shall also have the right to
obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the
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Revision Date
August 2001
aforesaid records and supporting documentation.
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the
Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract
Documents shall control.
17.7. 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 the Contract Documents and
CONTRACTOR specifically waives any claim to same.
Substitutions:
17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of
materials that are not determined to be equivalent to those indicated or required in the contract documents
without an amendment to the contract.
Sanitary Sewer Overflow Prevention:
17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction:
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to
waters of the State is a violation of Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This
plan will include a list of key personnel with 24-hour contact information who will respond during an
emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite.
Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT
REPRESENTATIVE prior to implementation.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans
and supporting calculations must be submitted to the Augusta Utilities Department for review prior to
establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if
failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the
State.
17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation
and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to
waters of the State.
17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following
actions:
1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater.
2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT
PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction
conference).
3. Maintain a chronicle of relevant information regarding the incident including specific actions taken
GC-53
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Revh ion Date
AuguSt. 2001
by the CONTRACTOR and estimates of the discharge volume.
17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia
Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if
appropriate.
17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the
CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities
Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be
the responsibility of the CONTRACTOR.
17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by
the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR.
PROGRAM MANAGER:
17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta,
GA 30901.
The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite
representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in
any way responsible for those duties that belong to OWNER and lor the CONTRACTOR or other entities, and
do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities,
including, but not limited to, all construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction work in accordance with the
construction Contract Documents and any health and safety precautions required by such construction work.
PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control
over any construction contractor or other entity or their employees in connection with their work or any health
or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or
safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM
MANAGER's own personnel.
The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to
OWNER a greater degree of confidence that the completed construction work will conform generally to the
construction documents and that the integrity of the design concept as reflected in the construction documents
has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither
guarantees the performance of the construction contractor(s) nor assumes responsibility for construction
contractor's failure to perform work in accordance with the construction documents.
For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into
the construction work, and construction contractors include manufacturers of materials incorporated into the
construction work.
GC-54
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TITLE:
PURPOSE:
PREPARED BY:
DIRECTED TO:
COPIES TO:
COMMENTS:
Payment Application and Certificate - CONTRACTOR
Summary sheet for use with Contractor's partial payment. When signed by Contractor,
acts as a release of liens for materials and work paid for in that estimate; also provides for
Engineer's certification to the Owner of payment due to the Contractor,
Contractor
Engineer or Program Manager (for review and approval); Engineer submits this to the
Program Manager, who approves it and submits it to the Augusta Utilities Department
Finance Director for payment.
Engineer and Program Manager as applicable
Contractor's pay estimate and supporting documents must be attached before processing.
Attach "Certificate of Consulting Engineer".
PAC-I
AUGUSTA UTILITIES DEPARTMENT
CAPITAL IMPROVEMENTS PROGRAM
Payment Application and Certificate
CERTIFICATE NO.:
FUND ALLOCATION:
PERIOD: FROM
TO
PROJECT:
PROJECT NO:
CONTRACTOR:
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DATE:
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SHEET
2
OF
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YR:
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1. Original Contract Sum
$
2. Contract Modifications Approved in Previous Applications:
Additions $
Deductions $
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3. Contract Modifications Approved this Period (List Contract Modifications Nos.
Additions $
Deductions $
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4, Net Change by Contract Modifications (sum of Lines 2 and 3) $ 0
5. Revised Contract Amount (Sum of Lines 1 and 4) $
6. Total Value of Work to Date (Estimate attached) $
7. Percent Project Complete (Line 6 I Line 5) x 100= %
8. Total Materials on Hand (Listing attached) $
9, Subtotal - Work Completed and Stored (Sum of Lines 6 and 8) $
10. Total Retainage ( % x Line 9) $
11. Total Earned to Date, Less Retainage (Line 9 less Line 10) $
12. Less Previous Certificates for Payment (item 11 from Previous Application) $
13. Current Payment Due (Line 11 less Line 12) $
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The undersigned Contractor certifies that the Work covered by this Application for Payment has been completed in accordance with thel'
Contract Documents, that the current payment shown herein is now due, and that title for all Work, materials, and equipment covered in I
this Application will pass to the Owner free and clear of all liens at the time of payment. '
CONTRACTOR
By
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Date
I hereby acknowledge that the material and labor involved on the above estimate is correct to the best of my knowledge,
information and belief, and payment on same is due CONTRACTOR.
PAC-2
Date
DESIGN ENGINEER, PROGRAM MANAGER, OR OWNER
By
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AUGUSTA UTILITIES DEPARTMENT
CAPITAL IMPROVEMENTS PROGRAM
Certificate of Consulting Engineer
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RELATING TO CERTIFICATE NO.:
FUND ALLOCATION:
Payment from the Richmond County Water and Sewerage System construction Fund - 1996
(the "Construction Fund") created under the Bond Resolution of the Augusta-Richmond
County Commission adopted on October 21, 1996, as supplemented December 3 and 17,
1996;(the "Bond Resolution") NOTE: Capitalized terms used herein and not otherwise defined
herein shall have the meaning specified in the Bond Resolution.
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PERIOD: FROM
TO
YR:
PROJECT:
PROJECT NO:
COMPANY:
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The undersigned Program Manager (Consulting Engineer) hereby certifies as follows that the obligation described in the above-
referenced certificate was incurred for work, materials, supplies or equipment in connection with the improvements to the System
described in the Construction Fund Engineering Report and such work was actually performed or such materials, supplies or
equipment were actually installed as a part of the Augusta Capital Improvement Program.
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IN WITNESS WHEREOF, I have executed this certificate this
Day of
20
CH2M HILL
PROGRAM MANAGER
By
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SUPPLEMENTARY CONDITIONS
SC-l RESPONSIBILITY OF CONTRACTOR
The Contractor shall be responsible for the entire Work indicated by the Drawings,
Specifications, and Contract from the date of the starting of the Work until it is accepted by
the Owner and Engineer. The Contractor shall keep the Contract under his/her own control,
and it shall be his/her responsibility to see that the Work is properly supervised and carried
on faithfully and efficiently. The Contractor shall supervise the Work personally or shall
have a competent, English speaking superintendent or representative, who shall be on the site
of the project at all times and shall be authorized by the Contractor to direct the performance
of the Work and make arrangements for all necessary materials, equipment, and labor
without delay.
SC-2 PROVISIONS FOR CONTROL OF EROSION
Sufficient precautions in accordance with the Contract Documents shall be taken during
construction to prevent the run-off of polluting substances such as silt, clay, fuels, oils,
bitumens, calcium chloride, or other polluting materials harmful to humans, fish or other life,
into the supplies and surface waters of the State. Control measures must be adequate to
assure that turbidity in the receiving water will not be increased more than 10 nephelometric
turbidity units (NTU), or as otherwise required by the State or other controlling body, in the
water used for public water supply or fish unless limits have been established for the
particular water. In surface water used for other purposes, the turbidity must not exceed 25
NTU unless otherwise permitted. Special precautions shall be taken in the use of
construction equipment to prevent operations which promote erosion. Erosion and
sedimentation control shall conform to the requirements of the "Manual for Erosion and
Sediment Control in Georgia". At a minimum install silt fencing and inlet sediment traps as
shown on the Drawings.
SC-3 EXISTING UTILITY PROTECTION
Existing utilities are shown in their approximate locations and are based on information
provided to the Engineer. It shall be the sole responsibility of the Contractor to locate, avoid,
and protect all utilities, other structures, and obstructions above and below ground surface.
All damage to utilities from the Contractor's failure to comply with this requirement shall be
repaired at the Contractor's expense. The Contractor is solely responsible for complying with
the Georgia Underground Law (Chapter 9 of Title 25 of the official Code of Georgia,
Annotated). The Contractor shall contact the Utilities Protection Center of Georgia at 800-
282-7411 in order to locate utilities prior to starting any excavation.
SC-4 PERMITS
The Contractor shall be responsible for obtaining any permits for the proper execution of the
SC-l
work. A Land Disturbance Permit will not be required for this project. A copy of each
permit shall be submitted to the Engineer. All permit fees shall be paid by the Contractor as
part of the work. Work shall not commence until all permits are obtained.
SC-5 OPEN EXCAVATIONS
All open excavations shall be adequately safeguarded by providing temporary barricades,
caution signs, lights and other means to prevent accidents to persons and damage to property.
The Contractor shall, at his/her own expense, provide suitable and safe bridges and other
crossings for accommodating workmen. Bridges provided for access during construction
shall be removed when no longer required. The length or size of excavation will be
controlled by the particular surrounding conditions, but shall always be confined to the limits
described by the Engineer. Reference is particularly made to OSHA 29 CFR 126
requirements for excavations. The Contractor shall take precautions to prevent injury to the
public due to open excavations. The Owner will provide a 6-foot tall temporary chain link
fence around the project site to prevent the public from accessing the work areas. Any
excavation along the base of the brick wall shall be made within the limits of this temporary
fencing and may be left open throughout the project duration. Contractor is responsible for
the safety of his/her own employees and shall provide adequate protection for such
employees around open excavations.
SC-6 MAINTENANCE OF TRAFFIC
Unless permission to close a street is received in writing from the proper authority, all work
shall be performed so that vehicular and pedestrian traffic may be maintained at all times. If
the Contractor's operations cause traffic hazards, he/she shall repair the road surface, provide
temporary ways, erect wheel guards or fences, or take other measures for safety satisfactory
to the Engineer. Night watchman may be required where special hazards exist, or police
protections provided for traffic while work is in progress. The Contractor shall be fully
responsible for damage or injuries whether or not police protection has been provided. The
Contractor shall ensure safe and efficient traffic movement through all work areas and
provide protection for the Contractor's work force, the work itself and the general public. The
Contractor shall adhere to all traffic control and lane closure regulations required by August-
Richmond County, the latest edition of the "Federal Manual on Uniform Traffic Control
Devices," the Georgia Utilities Coordinating Committee "Manual on Traffic Control
Procedures for Utilities", and all Georgia Department of Transportation requirements.
Contractor shall furnish, erect and maintain at closures, intersections, and throughout the
project, all necessary approved barricades, suitable and sufficient warning lights, torches,
approved reflectors, danger signals, warning, detour and closure signs, provide a sufficient
number of watchmen and flagmen and take all necessary and legal precautions for the
protection of the work and safety of the public. All barricades, danger signals, signs and
obstructions shall be illuminated at night and all lights shall be kept burning from sunset
until sunrise. All materials and safety devices (i.e., barricades, warning lights, torches,
reflectors and signs) must conform to the "Federal Manual on Uniform Traffic Control
SC-2
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Devices", and the Georgia Utilities Coordinating Committee "Manual on Traffic Control
Procedures for Utilities".
The specific requirements for traffic control provided herein are for the convenience of the
Contractor, and shall in no way be construed as a release from the Georgia Department of
Transportation and lor Augusta-Richmond County requirements previously referenced. All
fines and related costs resulting from the Contractor's failure to provide adequate traffic
control shall be borne solely by the Contractor.
Materials and safety devices, such as barricades, warning lights, torches, reflectors and signs,
provided for the purpose of protecting the work and the safety of the public and for
maintaining and protecting traffic, must conform to the requirements specified above.
END OF SECTION
SC-3
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SECTION 02050
SELECTIVE DEMOLITION
P ART 1 GENERAL
1.01 SCOPE OF WORK
A. Provide all labor, supervision, materials, equipment, tools, permits and services required to
demolish approximately 21,000 square feet of brick veneer associated with the existing
c1earwell walls as specified herein and shown on the drawings. Carefully remove the brick
from the underlying concrete c1earwell retaining wall and parapet wall without damaging the
concrete walls. Use non-destructive methods to selectively demolish the brick veneer and
peel off the brick layer from top to bottom or by other means to prevent damage to the
underlying concrete walls. Remove the metal dovetail wall anchors that were designed to
hold the brick veneer to the concrete wall.
B. Perform limited excavation along the wall perimeter to remove portions of the brick veneer
that is buried (estimated at 2 to 3 feet deep). Excavate and remove the brick wall concrete
footing. Completely remove all brick veneer and its support footing. Refill the excavation
with excavated soil and lightly compact.
C. Remove approximately 420 linear feet of approximately 3-foot high brick parapet wall as
shown on the Drawings, and install a 6-foot tall temporary chain link fence along the top of
the c1earwell near where the parapet wall will be removed.
D. Remove all demolished brick and footing materials and transport them to a permitted facility
licensed to accept such wastes for ultimate disposal. Dispose of all materials in an inert
C&D Landfill that has been approved by the Owner for disposal.
E. Prior to brick demolition, salvage for Owner's use the dedication plaque and letters
"AUGUSTA WATER WORKS" on the wall at the comer of Wrightsboro Road and
Highland Avenue. Provide salvaged materials to Owner in present condition prior to wall
demolition. All other materials removed in the demolition operations may be salvaged by
the Contractor for his/her use upon Owner's approval.
F. Refer to the Drawings and wall sections and details from the 1968 design at the end of this
Section.
1.02 PROJECT/SITE CONDITIONS
A. Existing Conditions:
1. Demolition information shown on the Drawings is based on visual field examination
and existing record documents. While the information provided is believed to be
correct, no assurance is implied relative to its total completeness or accuracy. The
02050-1
Contractor shall inspect the site and report discrepancies to the Engineer before
disturbing existing installations.
2. The Contractor hereby distinctly agrees that neither the Owner nor the Engineer is
responsible for the correctness or sufficiency of the information given and after
his/her own Site Investigation:
a. That he/she shall have no claim for delay or extra compensation or damage
against the Owner or the Engineer on account of the information given; and
b. That he/she shall have no claim for relief from any obligation or
responsibility under the Contract with respect to the above stated stipulations.
B. Exterior Dust Control : To prevent unnecessary spread of dust during performance of exterior
demolition work, thoroughly moisten surfaces and debris as required to prevent dust being a
nuisance to the water treatment process, City employees, public, neighbors and concurrent
performance of other work on the site. A source of water for use in dust control is available
at the site. The Contractor is responsible for coordinating access to and payment for water
use. The cost for these items shall be included in the Contractors base bid. No additional
payment will be made for this item.
C. Erosion control: Install silt fencing around the perimeter of the work site and construct
sediment inlet traps as shown on the Drawings. Prevent the escape of sediment and silt from
the site. Maintain erosion control measures at all times. Erosion control materials and
methods shall meet the requirements of the "Manual for Erosion and Sediment Control in
Georgia", latest edition.
D. Protection During Demolition: Exercise extreme care during demolition work to confine
demolition operations to the brick veneer only. Do not use a wrecking ball or other
destructive means that could cause permanent damage to the underlying concrete
clearwelllparapet wall or foundation spread footing. The physical means and methods used
for protection are at the Contractor's option unless otherwise noted. However, the Contractor
will be completely responsible for replacement and restitution work of whatever nature at no
expense to the Owner. Furthermore, Contractor shall be responsible for any damage on or
off the project site resulting from the Contractor's construction activities.
1. The Owner has provided a 6-foot tall temporary chain link fence in the general location
shown on the Drawings to prevent pedestrians from access to the work areas. Contractor
shall provide additional adequate protective measures to protect public pedestrian and
vehicular traffic at or near the site. Erect barriers, fences, guard rails, enclosures, and
shoring to protect personnel, structures, and utilities. Protect existing sidewalks, curb,
gutter, and street pavement from destruction due to demolition activities.
2. Signs, signals and barricades used shall conform to requirements of Federal, State and
local laws, rules, regulations, precautions, orders and decrees.
3. Protect all existing trees as shown on the Plans.
4. Protect all valve box covers and buried water and sewer piping. Protect clearwell roof
drain piping and downspouts.
5. Protect existing waterproofing material (gravel, pitch and bitumen-saturated fabric) along
the bottom ofthe parapet wall.
02050-2
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6. Items exempt from protection: Bushes and shrubs adjacent to the brick wall may be
removed from the site. The PYC irrigation piping and sprinkler heads along the
Wrightsboro Road portion of the brick wall may be removed upon first coordinating with
the Augusta Utilities Department to have the water supply cut off to the sprinkler system.
E. Explosives and Blasting: Not permitted in performance of demolition work.
F. Burning: No onsite burning will be permitted.
G. Traffic: Maintain traffic as specified in Supplementary Condition SC-6 of the Contract.
H. Salvage: Prior to demolition, remove and salvage for Owner's use in present condition the
dedication plaque and letters "AUGUSTA WATER WORKS" on the brick wall at the comer
of Wrightsboro Road and Highland A venue.
1.03 QUALITY ASSURANCE
A. The Contractor performing demolition shall have at least five (5) years of successful
demolition experience and shall submit references to the Engineer with their Proposal from
five (5) previous jobs involving similar work.
1.04 SUBMITTALS
A. Within 2 weeks after Contractor receives the Notice to Proceed, submit to the Engineer a
written narrative (Demolition Plan) on how the Contractor plans to demolish the brick wall
to meet these specifications. The Demolition Plan shall include a list of equipment and
sequence of events proposed to complete the work, and include the means and methods to
meet the protection requirements specified in Paragraph 1.02 D. The Plan shall also provide
the name and address of the proposed inert C&D Landfill for disposal of demolished
materials. Engineer's review of Demolition Plan will be for informational purposes only and
does not relieve the Contractor from meeting the requirements of the Contract Documents.
B. Within 2 weeks of disposal of all demolition debris, provide to the Engineer all disposal
manifests and certificates of disposal showing the quantities and final disposition of all
materials removed from the site.
PART 2 PRODUCTS
2.01 MATERIALS
A. Materials needed or required for temporary protection in the form of barricades, fences,
enclosures, etc., may be pre-used construction materials of sound condition and reasonably
clean. However, the condition of same materials shall meet or exceed the requirements of
governing agencies or approving bodies as may be involved with the work.
02050-3
B. Equipment, machinery and apparatus, motorized or otherwise, used to perform the
demolition work may be used as chosen at the Contractor's discretion, but which will
perform the work within the limits of the Contract requirements, and prevent damage to the
c1earwell concrete retaining wall.
PART 3 EXECUTION
3.01 INSPECTION
A. Prior to performance of the actual work, the Contractor shall carefully inspect the brick wall
to be demolished and surrounding areas.
B. Prior to performance of the actual work, the Contractor shall verify with the Engineer or
Owner's representative the limits of demolition and the items to be salvaged for Owner's
use.
C. The Contractor shall locate existing exposed and buried active utilities and determine the
requirement for their protection. Protect all overhead and buried utilities. Make provisions
to stay in place all power poles. Disconnect any live electrical service in the area of work. .
The buried irrigation piping and sprinkler heads along the Wrightsboro Road wall section
may be removed. Coordinate removal of irrigation piping with the Augusta Utilities
Department and verify that the water source is shut off prior to demolition and removal of
irrigation piping.
3.02 PERFORMANCE
A. General Requirements: The means and methods of performing demolition operations are the
sole responsibility of the Contractor. However, equipment used, and methods of demolition
will be subject to approval of the Engineer. Use non-destructive demolition methods and
attempt to carefully peel the brick veneer away from the concrete wall from top to bottom in
strips without causing damage to the underlying concrete wall. Remove the metal dovetail
anchors. Support all loose brick and provide a safe means to slowly lower the brick from the
wall without demolition debris being strewn in the street. The use of wrecking balls, jack
hammers, and other destructive means shall not be allowed.
B. Any damage as determined by the Owner's site representative or Engineer to underlying
concrete wall as a result of demolition operations shall be repaired at no cost to the Owner.
C. Perform demolition operations in a manner that will minimize the creation of dust and
nuisance to pedestrians and traffic.
D. Debris Removal: Dispose of all demolition debris offsite in a licensed and permitted inert
C&D Landfill in accordance with all laws and ordinances. The disposal facility must be
approved by the Owner before work begins. Containerize all onsite debris as work is in
progress. No material may be buried, burned, or disposed of onsite. No material may be
used as fill on other construction sites. Submit to the Engineer copies of all disposal
02050-4
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certificates and waste transport manifests. A representative of Augusta Utilities Department
will sign all waste disposal manifests as "Owner". Contractor shall not be paid until he
provides waste disposal documentation showing actual disposal in the approved landfill.
E. Salvage: The Owner may wish to salvage items and materials in the demolition work
including, but not limited to, those listed in Paragraph 1.01 E. Thereafter, the Contractor
may salvage any remaining items and materials as he desires.
3.03 SELECTIVE DEMOLITION
A. Remove the entire brick veneer in its entirety from the clearwell wall and parapet wall as
shown on the Drawings and specified herein. Where the parapet wall is entirely constructed
of brick (interior and exterior) as shown on the Drawings, remove the entire parapet wall.
Then, as a safety precaution, install a 6-foot tall temporary chain link fence along the top of
the clearwell edge where the entire parapet wall has been completely removed as shown on
the Drawings. Protect existing waterproofing materials at the base of the parapet wall from
damage during parapet wall demolition.
The entire brick veneer shall be removed above and below ground. Remove the concrete
footing that supports the brick wall. Do not disturb the clearwell wall or associated spread
footing. Remove the metal dovetail anchors from the concrete wall. Refer to the Drawings
and existing wall sections and details at the end of this Section.
B. Promptly repair any damage to clearwell wall, utilities, or adjacent structures caused by
demolition operations as directed by the Engineer at no cost to the Owner.
3.04 CLEANUP AND DEMOBILIZATION
A. Upon completion of demolition and removal of debris from the site, clean up all work areas
to the satisfaction of the Owner. Remove all demolition debris and wash down the work
area. Refill excavations with excavated soil and compact by foot or tamping instrument.
Remove all Contractor equipment and materials from the site, except all temporary chain link
fencing and erosion control devices, which shall remain in place and be removed by others.
3.05 REFERENCED WALL SECTIONS AND DETAILS
A. Attached to this specification Section are wall sections and details that are referenced on the
Drawings. These include:
1. Section R-R
2. Section T- T
3. Detail W
4. Section S-S
5. Part Plan "C" Detail
02050-5
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