HomeMy WebLinkAboutElevated Storage Tank Removal
Augusta Richmond GA
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FILE NUMBER: \~\\l.\
NUMBER OF PAGES: \0\
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. Elevated Storag~ Tank Removal
at
Augusta State University
,Project No. U.96.019
February 7, 1997
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PREPARED FOR
. Augusta-Richmond County Commission
Augusta-Richmond County Utilities Department
Augusta, Ga. 30906
PREPARED BY
JOHNSON, LASCHOBER & ASSOCIATES, P.C.
C0NSULTING ENGINEERS
AUGUSTA, GEORGIA
JLA Project No.42.702
F1LE\K:\42702\ADMIN\SPECSlCOVER
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THE AMERICAN INSTITUTE OF" ARCHITECTS
Bond No. STDO-632350
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Hudgins Special Services, Inc.
640 North Avenue, N. W.
Atlanta, GA 30318
SURETY (Name and Principal Place of Business):
Nobel Insurance Company
2296 Henderson Mill Rd., St. 402
Atlanta, GA 30345
OWNER (Name and Address):
Augusta-Richmond County Commission, I'urchasing Department
Room 605, City County Municipal Building
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: 4/16/97
Amount: $74,648.00
Description (Name and location): Elevated Storage Tank Removal at August.a StHte College, AUgustH, GA
BOND
Date (Not earlier than Construction Contract Date): 4/25/97
Amount: $74,648.00
Modifications to this Bond: ~ None
D See Page 3
CONTRACTOR AS PRINCIPAL
Company: . , . (Corporate Seal)
Hudgins SJ?5~iitl: el:~i~~e~ Inc.
SURETY
Company:
Nobel I
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Signature:
Name and Title: William W. Hamilton
Attorney-in-fact
.....i:
thy C. Barker
. Vice.president
-----(Any additional signatures appear on page 3)
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(FOR INFORMA T/ON ONL Y-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
Graham-Naylor Agency, Inc.
1355 Terrell Mill Rd., Bldg. 1464
Marietta, GA 30067
(770) 952-1096
AlA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND- DECEMBER 1984 ED. -AIA~
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHlNG1UN, DC 20006
1llIRD PRIN"I1NG - MARCH 1987
A312.1984 1
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors and
assigns to the Owner for the performance of the Construction
Contract, which is incorporated herein by reference.
2 If the Contractor performs the Construction Contract, the
Surety and the Contractor shall have no obligation under this Bond,
except to participate in conferences as provided in Subparagraph
3.1.
3 If there is no Owner Default, the Surety's obligation under this
Bond shall arise after:
3.1 The Owner has notified the Contractor and the Surety
at its address described in Paragraph 10 below that the
Owner is considering declaring a Contractor Default and
has requested and attempted to arrange a conference
with the Contractor and the Surety to be held not later
than fifteen days after receipt of such notice to discuss
methods of performing the Construction Contract. If the
Owner, the Contractor and the Surety agree, the
Contractor shall be allowed a reasonable time to perform
the Construction Contract, but such an agreement shall
not waive the Owner's right, if any. subsequently to
declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete the
contract. Such Contractor Default shall not be declared
earlier than twenty days after the Contractor and the
Surety have received notice as provided in
Subparagraph 3.1: and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the terms
of the Construction Contract or to a contractor selected
to perform the Construction Contract in accordance with
the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph
3, the Surety shall promptly and at the Surety's expense take one of
the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract: or
4.2 Undertake to perform and complete the Construction
Contract itself, through its agents or through independent
contractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction
Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected with
the Owner's concurrence, to be secured with
performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount
of damages as described in Paragraph 6 in excess of the
Balance of the Contract Price incurred by the Owner
resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange for
completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
soon as practicable after the amount is
determined, tender payment therefor to the
Owner, or
.2 Deny liability in whole or in pari and notify the
Owner citing reason therefor.
5 If the Surety does not proceed as provided in Paragraph 4
with reasonable promptness, the Surety shall be deemed to be in
default on this Bond fifteen days after receipt. of an additional
written notice from the Owner to the Surety demanding that the
Surety perform its obligations under this Bond, and the Owner shall
be entitled to enforce any remedy available to the Owner. If the
Surety proceeds as provided in Subparagraph 4.4, and the Owner
refuses the payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be entitled to
enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety elects to act
under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities
of the Surety to the Owner shall not be greater than those of the
Owner under the Construction Contract. To the limit of the amount
of this Bond, but subject to commitment by the Owner of the
Balance of the Contract Price to mitigation of costs and damages
on the Construction Contract, the Surety is obligated without
duplication for:
6.1 The responsibilities of the Contractor for correction of
defective work and completion of the Construction
Contract;
6.2 Additional legal, design professional and delay costs
resulting from the Contractor's Default, and resulting from
the actions or failure to act of the Surety under Paragraph
4; and
6.3 Liquidated damages, or if no liquidated damages are
specified in the Construction Contract, actual damages
caused by delayed performance or non-performance of
the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Construction
Contract, and the Balance of the Contract Price shall not be
reduced or set off on account of any such unrelated obligations.
No right of action shall accrue on this Bond to any person or enlily
other than the Owner or its heirs. executors. administrators or
successors.
8 The Surety hereby waives notice of any change, including
changes of time. to the Construction Contract, or to related
subcontracts, purchase orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in the location in
which the work or part of the work is located and shall be instituted
within two years after Contractor Default or within two years after .
the Contractor ceased working or within two years after the Surety
refuses or fails to perform its .obligations under this Bond. whichever
occurs first. If the provisions off this Paragraph are void or
prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be
applicable.
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
AlA DOCUMENT A3I2 .PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. .AIA~
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGWN, DC 20006
lHIRD PRINTING. MARCH 1987
A312.1984 2
10 Notice to the Surety, the Owner or the Contractor shall be
mailed or delivered to the address shown on the signature page.
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11 When this Bond has been furnished to comply with a statutory
or other legal requirement in the location where the construction was to
be performed, any provision in this Bond conflicting with said statutory
or legal requirement shall be deemed deleted here from and provisions
conforming to such statutory or other legal requirement shall be
deemed incorporated herein. The intent is that this Bond shaii be
construed as a statutory bond and not as a common law bond.
received or to be received by the Owner in settlement of
insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of the Contractor under the
Construction Contract.
12 DEFINITIONS
12.2 Construction Contract: The agreement between the
Owner and the Contractor identified on the signature page,
including all Contract Documents and changes thereto.
12.1 Balance of the Contract Price: The total amount
payable by 1he Owner 10 the Contractor under the
Construction Contract after all proper adjustments have been
made, including allowance to the Contractor of any amounts
12.3 Contractor Default: Failure of the Contractor, which has
neither been remedied nor waived, to perform or otherwise to
comply with the terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither
been remedied nor waived, to pay the Contractor as
required by the Construction Contract or to perform and
complete or comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
(Space is provided below for additional signatures of added parties, o'ther than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Signalu. ~ .
Name a~
Address:
. SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT AJI2 -PERFORMANCE BOND AND PAYMENT BOND- DECEMBER 1984 ED. -AIN~
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, DC 20006
HURD PRINllNG - MARCH 1987
A312.19114 3
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THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Hudgins Special Services, Inc.
640 North Avenue, N.W.
Atlanta, GA 30318
SURETY (Name and Principal Place of Business):
Nobel Insurance Company
2296 Henderson Mill Rd., St. 402
Atlantn, GA 30345
OWNER (Name and Address):
Augusta-Richmond County Commission, Purchasing Department
Room 605, City County Municipal Building
Augusta, GA 30911
CONSTRUCTION CONTRACT
Date: 4/16/97
Amount: $74,648.00
Description (Name and Location): Elevated Storage Tank Removal at August.'! Stute College, Augusta, GA
BOND
Date (Not earlier than Construction Contract Date): 4-25-97
Amount: $74,648.00
Modifications to this Bond: fZI None
o See Page 6
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
".--Hudgins Sped
Signatu : .
Name. nd Titl : thy C. Barker
Vice President
(Any additional si~natures appear on page 6)
>~""'c.
Signature:
Name and Title:
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(FOR INFORMA TION ONL Y-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
. .:\.'
Graham-Naylor Agency, Inc.
1355 Terrell Mill Rd., Bldg. 1464
Marietta, GA 30067
(770) 952-1096
AlA DOCUMENf A312 -PERFORMANCE BOND AND PAYMENT BOND- DECEMBER 1984 ED. -AIA$
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASIIINGTON, DC 20006
TIlIRD PRINTING - MARCH 1987
A312.1984 4
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1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators. successors and
assigns to the Owner to pay for labor, materials and ~quipment
furnished for use in the performance of the Construction Contract,
which is incorporated l<1erein by reference.
2 With respect to the Owner, this obligation shall be null and
void of the Contractor: .
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any person
or entity whose claim, demand, lien or suit is for the
payment for labor, materials or equipment furnished for
use in the performance of the Construction Contract,
provided the Owner has promptly notified the Contractor
and the SuretYlat the address described in Paragraph 12)
of any claims. demands, liens or suits and tendered
defense of such claims, demands, liens or suits to the
Contractor and the Surety, and provided there is no
Owner Default.
3 With respect to Claimants, this obligation shall be null and
void if the Contractor promptly makes payment, directly or
indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants under this
Bond until:
4.1 Claimants' who are employed by or have a
direct contract with the Contractor have given notice to
the Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating that a
claims is being made under this Bond and, with
substantial accuracy, the amount of the claim,
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the
Contractor and sent a copy. or notice
thereof, to the Owner, within 90 days after
having last performed labor or last furnished
materials or equipment included in the claim
stating with substantial accuracy, the amount
of the claim and the name of the party to
whom the materials were furnished or
supplied or for whom the labor was done or
performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or no received
within 30 days of furnishing the above notice
any communication from the Contractor by
which the Contractor has indicated the
claim will be paid directly or indirectly, and
.3 Not having been paid within the above 30
days. have sent a written notice to the Surety
(at the address described in Paragraph 12)
and sent a copy, or notice thereof, to the
Owner, stating that a claim is being made
under this Bond and enclosing a copy of the
previous written notice furnished to the
Contractor.
5 If a notice required by Paragraph 4 is given by the Owner
to the Contractor or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's expense
take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis for
challenging any amounts that are disputed.
6.2 Payor arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the amount.
of this Bond, and the amount of this Bond shall be credited for any
payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of the
Construction Contract and to satisfy claims, if any, under any
Construction Performance Bond. By the Contractor furnishing and
the Owner accepting this Bond, they agree that all funds earned by
the Contractor in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and the Surety
under this Bond. subject to the Owner's priority to use the funds for
the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or
others for obligations of the Contractor that are unrelated to the
Construction Contract. The Owner shall not be liable for payment
of any costs or expenses of any Claimant under the Bond, and shall
have under this Bond no obligations to make payments to, give
notices on behalf of, or otherwise have obligations to Claimants
under this Bond.
10 The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent jurisdiction in the
location in which the work or part of the work is located or after the
expiration of one year from the date (1) on which the Claimant
gave the notice required by Subparagraph 4,1 or Clause 4.2.3, or
(2) on which the last labor or service was performed by anyone or
the last materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law, the
minimum period of limitation available to sureties as a defense in
the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the' Owner or the Contractor shall be
mailed or delivered to the address shown on the signature page.
Actual receipt of notice by Surety, the Owner or the Contractor,
however accomplished, shall be sufficient compliance as of the
date received at the address shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where the
construction was to be performed, any provision in this he Bond
conflicting with said statutory or legal requirement shall be deemed
deleted here from and provisions conforming to such statutory or
other legal requirements shall be deemed incorporated herein. The
intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
AlA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND- DECEMBER 1984 ED. -AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASIIING'IDN, DC 20006
1111RD PRIN'I1NG - MARCH 1987
A312.1984 5
~.
15 DEFINITIONS
engineering services required for performance of
the work of the Contractor and the Contractor's
subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were
furnished. .
14 Upon request by any person or entity appearing to
be a potential beneficiary of this Bond. the Contractor shall
promptly furnish a copy of this Bond or shall permit d copy to
be made.
15.1 Claimant: An individual or enlily having a
direct contract with the Contractor or with a
subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance
of the Contract. The intent of this Bond shall be to
include without limitation in the terms "labor,
materials or equipment" that part of water, gas,
power. light, heat, oil, gasoline, telephone service
or rental equipment used in
the Construction Contract, architectural and
15.2 Construction Contract: The agreement
between the Owner and the Contractor identified
on the signature page, including all Contract
Documents and changes thereto.
15.3 Owner Default: Failure of the Owner,
which has neither been remedied nor waived, to
pay . the Contractor as required by the
Construction Contract or to perform and complete
or comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those apJjearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
AlA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND- DECEMBER 1984 ED. -AIAi!I
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGIDN, DC 20006
THIRD PRINTING - MARCH 1987
A312-1984 6
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NOBEL INSURANCE COMPANY
632350
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That NOBEL INSURANCE COMPANY has made, constituted and appointed, and by
these presents does make, constitute and appoint
Richard W. Naylor, Robert M. Seymour, William W. Hamilton, VickiT. Smith, Susanne H. McCardle, or
Sharita B. Smith
its true and lawful attorney-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds,
undertakings and contracts of suretyship to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
************Three million five hundred thousand dollars ($3,500,000)************
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of the Company on the 24th day of August, 1995.
"RESOLVED. that the Chainnan of the Board, the Vice Chainnan of the Board. the President, an Executive Vice President or a Senior Vice President or a
Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney-in-fact named in the given Power
of Attorney to execute in behalf of the Company. bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant
Secretary be, and that each or any of them hereby is. authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon
the Company when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached."
In Witness Whereof, NOBEL INSURANCE COMPANY has caused its official seal to be hereunto affixed. and these presents to be signed by one of its
Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of October, 1995.
Attest:
NOBEL INSURANCE COMPANY
By
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~f~. SEAL )\
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William Osceola Gordon, Assistant Vice President
Emil B. Askew, Vice President
STATE OF GEORGIA
ss:
COUNTY OF DEKALB
On this 1st day of October, 1995, before me personally came Emil B. Askew, to me known, who being by me duly sworn did depose
and say that he is a Vice President of NOBEL INSURANCE COMPANY, the corporation described in and which executed the above
instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
OFFICIAL SEAL
LENORA N. CAPE
NOTARY PUBLIC
MY COMMISSION EXPIRE
AUGUST 3, 1998
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Lenora N. Cape
NOTARY PUBLIC
My Commission Expires August 3, 1998
CERTIFICATE
I, the undersigned, an Assistant Secretary of NOBEL INSURANCE COMPANY, a Texas corporation, DO HEREBY CERTIFY that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board
of Directors, set forth in the said Power of Attorney, is now in force. .
&~daYOf ~.
Signed and sealed at the city of Atlanta in the State of Georgia. Dated the
,19f?7
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::: .~har)t;sJkCaP..e; Assistajlt Secretary
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(,,;6nIflCBID of Insurance
THIS CEATIl=lCATE IS ISSUED AS A MATTE::! OF INFORMATION ONLY AND CONF""cRS NO RIGHTS UPON YOU THE CERTIFICATE HOI.OEA. THIS
C;:F.TIFICATE IS NOT AN INSURANCe ?OUCY AND DOES NOT AMEND. CXTeNO. OR AI.TER THE CO~Ge AFl=ORDEO SY THe POUClES US~o
6E!..:)W. .
This is to Certu): that
Hudgins & Company
Atm; Ms. Linda Moore
P. O. Box 9336.:l.
Atlanta, Georgia 3037i
Name and
address of
insured
LlBER1Y~
MUTUALW
is. at the issue due ot thIs certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the
listed policy(ies) is subject to all their terms. exclusions and conditions and is not altered by any requirement, term or condition of
anv contract or other document with rasoect to which this certificate'mav be Issued.
ICERTlFlCATE EXP. OATl!
TYPE OF POIJCY . 0 CONTINUOUS POLICY NUMBER UMIT OF l.IABILITY
o EXTENDED
lD .;soUCY TE~M
Coverags Affordsd Under we EMPl.OYERS UA81UTY
, Law at tile Following Stal":
4-1-98 WC2-151-02417~ -327 AL FLOA MS NC SC TN Bodily Injury By Acddent EaCll
WORKER:5 S, .000,000 Ac:id4nl
COMPENSA 1'10 N j BOdily Injury By Disease Policy
! $',000,000 t.imit
j Bodily Injury By Disease
1 Each
$1,000,000 P<<SOI'I
GENERAL UA/3ILITY 4-1-98 TB1-1S1-024177-027 General Aggregate-Olher than Prod/Completed Operations
j $2.000,000
o CLAIMS MJ,OE ! Products/Completed Operations Aggregate
$1,000,000
, !=lEiRO (JA T2 t C Bodily Injury and Property Damage Uaolllty Per
; $1,000,000 Occurrence
,
J Personal and Advertising Injury Per Person!
II] OCCURRS-JCE I $1,000,000 Organization
, Other: r Other:
,
.
AUTOMOBILE 4-1-98 AS2-1 51-0241 n ';387 $1.000,000 Each Accident - Single Umit-
L/AS/LITY ; B.I. and P. O. Combined
[] OWNeo j each Person
[] NON-OWNr:O j Each Accidsnt or Occurrence
[J HIRED j each Ae:idem or Occurrence
;
OTHER 4-1-98 TH1-151-0241n~27 510.000.000 Combined Single Umit For Bodily Injury And
Umcralla Excess 1.Iabll/ty . Property Camage Over Underlying Policy Umlts.
1
ADDITIONAL COMMENTS
RE: E!~vaced Stornge Tank R~mov3L AuglUt:1-Richmond COlUlt)'. GA.
Ad,::tional Ir.surecl on G~Qer:11 Liability on General I.iabilicyin :-es~t co:
A~S'=..t:1 Richmond Couney Board of Commissionm
CERTIFICATE
HOLDER
.I~ iHE CSRiIFIC~.TE ~PIFUi10N O.~Te is CONTlNUOUS OR EXTeNOeO TERM. YOU WILl. ee NOTIFiED IF COve.~AOE IS TERMINATED OR REDUCED
B:F~j::;: THa CER11F1CAiE EXPIRATION OATE. HowevER. YOU WILL. NOT aE NOTIFIED ANNUALL.Y OF THE CONTINUATION OF COVEFlAGE.
SpeCIAL. Nonce. OHIO: ANY PERSON WHO. WlTl-lINTcNTTO O~AUO OR KNOWING THAT HE IS !:ACIUTATlNG A ;:;::;ALiO AGAINST AN INSU;::;Ei=l.
SUSMI';'S AN APPUCATION OR FII.ES A CLAIM CONTAINING A FAI.SE OJ:! DECE?1WE STATEMENT IS OUf!.TY or: INSURANCE i=FiAUO.
NOTfce OF CANCeLI.ATtON: ~NOT APPLiCABLE UN1..ESS A NUM8ER OF DJI.YS IS Uberty ~.~utual
~~~~ic~~EJ-~~i~J3~~~~S~A~b~ ifR~~~s TI~~i'l~~e~gcfv~~c5'~J~I~Lb~t Insur~e G..o~p
(IN';"IL A';' LEAST 30 DAYS NOTICE OF SUCH CANCEU.ATlON HAS BEEN .'IIAILEO TO: ,:. ..
["'-' ./ : ,:".:.. . "; ., .' , .
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/WTHORIZED RE?RESENT ATIVE
E1,;~f8nla Davis
Augusta Richmond 'County Board,of
Commissioners
Room 605. City County Municipal Building
.~ugust.1, GA. 3091 L
Aoril 29. 199;
DA TE ISSUED
Norc~oss. GA
OFi=lCE
rh,.. CoI":I:ICS!9 I; e.ecuted lJV L18E::::n~ \IUTI;AL INSUFl"NC~ GROUP as r~sc;eC:3 eUCl1ln$urance a$ .j .l:tordsd :::\1 -hoe;e :':omoan'''e
95 7;'~Ro
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. Elevated Storage Tank Removal
at
Augusta State University
Project No. U.96.019
PREPARED FOR
Augusta-Richmond County Commission
Augusta-Richmond County Utilities Department
. . Augusta, Ga. 30906
PREPARED BY
JOHNSON, LA SCHOBER & ASSOCIATES, P.C.
CONSULTING ENGINEERS
AUGUSTA, GEORGIA
February 7, 1997
JLA Project No. 42. 702
,
F1LE\K;\42702IADMlNISPECSlCOVER
~:~ .
,
I JOHNSON, U0CHOBER &: A~JOCIATES, PC
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I In reference 'to the specifications eiltitledElevated' ,S'tonige Tallk' Removal at' Augusta State"
, . .:....'. 'UD"rversiiy;, :project No. U.96.019;'prepared by Johnso~; LaSchober. and .Associates,. P.C.,' the .
,,' . '.. :::"'f.ol!9~~g :~e'.hereby.mad,e a part 9fthese documents. ,.'.' ' .', . :.: ::: ' '. ' ,..' :"
I . (. '. .: '''''" .
.', . :;.'. :. I'. " ~~':"~~iTATio~ TOBI~:':.', :.::'.....::'. ~,.'., .,'. .....' ..,': .... >'.'.:. ( '.." .... ,', . , ,
.... ". '; ::" ',",c. ..:."~:,':~. .' ,.,'.: ,: ..... :....; '." ".:':.<':."";.'" '.~ ' . ~.'.,"'."'." ...... '.:' ..;..,,::
'I :' .....,... . :' " ';;':' '.:R~v~se.fiist.paragfa~h as it p~rtains to resch~d~~~ th~:~\d,op~~ning ~te t~ '~~~~}O,':19~7....,~.
....>., :...'....::. ()~rfo.u.rthhne,.delete"March 13, 199T'~andmseJ;t'~M~ch20,199.7'.'.;., ..': ,':.< .,.. .:'.
. ','. .:::-. . '.:.', ~:., " 'j "-: . ~': ,'. ,',- ".. " . :.: ....-.. -;...~:" ,,-. ..'. .'-~. .~:::. '.". .... '.
'I.... ". .;"'II:'.<.~'BIbFORM ,..,....:. ~:::. '.' '.' ,...,..:.~'.' '.< .:-....
.- . . . ~ ..~. '. . ..:.".. ," .' ... -. . ~. .~ . .\
. -' ,", \ ". .' . ~ .'.. . . .:. .. . . . ", . . . "'" . i'
1.... ''Paragraph 'No:' 4: After 'BASE BID; add th~ foiloWing:' '~N6te: . The BASE.BU) .:"
.. 'includes app'roxlmately 85' c~;' yards oftallk fo~dation"co~crete 'tenio~a1.cPedesuii' ".': ,
. '. ~d spread :footings 'for' to~er columns and rist?r)' pl~sconcrete slab. Foundation .
, '. removal doesn(~t inc~u~.e any piles th~t may .be. ~ncow1tered.'i. . . . . ' .
. " . .
'March 11, 1997'
RE: .
Eiev:ated Sto;age Tank'Removal ~.Augusta State University
AugUsta-Richmond County Commission "~.
Augusta-Richmon~ County Utilities Depaitment .
Augus'~, Georgia
ADDENDUM 'NO'. 1
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'2.
. :. Paragraph No~ '4: 'Add b~duCtiveAlt~~mite'No.' i:' Deductr~mo~iof ~oncrete .~:: .
;: foundationS and concrete pav~g betWeen foUndations, fillillg- bei~w grade areas and .' .
- soil erosion: an~ 'sedimentcont.fol.
, " ~.
'$ .'. ,"
.., .
. '3.
Paragraph No. '4: Under' unit prices 'deiete the last. item, identified as' "Tank
'. ~omponents (lw:qp sumshipping and dispo~al)'.' and "NOTE: R,eporting for disposal
of tank compom:nts classified as hazardous. material shall be'similar to that required -
.; for l~ad abatement hazardous w~tes'." .:: . ".', . . .
4.
. . . - .
Submit attached ,BID 'FORM, Revised,' per above 'additions and deletions,' with'
, 'I . '.
Proposal, in place of original :Bid Form.
.. !
K:\42702\ADMIN\GENERAL\ADDOOI. WPD
\.
E~iG;;'JEERS . OESiGNERS . C()~iSULTN'ITS
!2',)() !\n);l\.! S,rc;,;t. I\() Box .~~l'~ . :\U:,~U-'Li, (;t~{)r~!:i 3t)'JO) . 'il1()l ';2.l.')7"'('. :-~';.\ 17(1)) ;2.;'-3"))~
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THE AMERICAN INSTITUTE .OF ARCHITECTS
AlA DocumenfA310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we Hudgins Special Services, Inc.
as PrinCipal. hereinafter called the Principal. and Nobel Insurance Company
a corporation duly organized under the laws of the State of Texas
as Surety. hereinafter called the Surety. are held and firmly bound unto
Augusta-Richmond County Commission, Purchasing Department
as Obligee. hereinafter called the Obligee. in the sum of
Ten Percent (10%) of Bid- Dollars ($ ,.
for the payment of which sum well and truly to be made. the said Principal arid the said Surety. bind .
ourselves. our heirs. executors. administrators. successors and assigns. jointly and severally. firmly by
these presents. .
WHEREAS. the Principal has submitted a bid for Elevated Storage Tank Removal, Augusta State University,
Augusta, GA
. NOW, THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a Contract with the Obligee in accordance with the terms of such bid. and give such t:>ond or bonds
as may be specified in the bidding or Contract Documents with good and sufficient surety for the
faithful performance of such Contract and for the prompt payment of labor and material fumished
in the prosecution thereof. or in the event of the failure of the Principal to enter such Contract and
give such bond or bonds. if the Principal shall p~y to the Obligee the difference not to exceed the
penalty hereof between the amount. specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid.
then this obligation shall be null and void. otherwise to remain in full force and effect.
Signed and sealed this 20th Day of March, 1997.
Hud2im Special Services. Inc.
(Principal)
(Seal)
(Seal)
(Fitle) Vice President
~ l~ 01r.---
i(Dess)
bel Insurance Company
(Surety)
-j{ !1lL ~
.. .
r(M~1AIUM
(Fitle)
Susanne H. McCardle. Allomey-in{act
AIA DOCUMENT A310 - BID BOND - AIA" - FEBRUARY 1970 ED - THE AMERICAN
INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE.. N.W.. WASHINGTON. DC 20006
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NOBEL INSURANCE COMPANY
632300
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That NOBEL INSURANCE COMPANY has made, constituted and appointed, and by
these presents does malee, constitute and appoint
Richard W. Naylor, Robert M. Seymour, WilliamW. Hamilton, Vicki T. Smith, Susanne H. McCardle, or
Sharita B. Smith
its true and lawful attorney-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company. as surety, bonds,
undertakings and contracts of suretyship to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
************Three million five hundred thousand dollars ($3,500,000)************
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of the Company on the 24th day of August, 1995.
"RESOLVED. that the OIainnan of the Board, the Vice Chainnan of the Board, the President, an Executive Yace President or a Senior Vice President or a
Vice President of the Company, be, and that each or any oftbcm is, authorized to execute Powers of Attorney qualifying the attorney-in-fact named in the giveu Power
of Attorney to execute in beha1f of the Company, bonds. undertakings and au coolracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant
Secretary be, and that each or any of them beRby is, autborizied to attest the execution of any such Power of Attorney. and to attach thereto the seal of the Company.
FUR11IER RESOLVED, that the si8lllltures of such officen and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Powa- af Attorney or certificate bearing such facsimile signatures or facsimile seal sball be valid and binding upon
the Company wheu so affixed and in the future with respect to lIII)' bond, undertaking or contract of suretyship to which it is auacbed."
In Witness Whereof, NOBEL INSURANCE COMPANY has caused its official seal to be bereunto affixed, lIDd these presents to be signed by ODe of its
Vice Presidents and attested by one of its AssistaDt Vice Presideuts this 1st day of October, 1995. .
Attest:
NOBEL INSURANCE COMPANY
By
;/~~~
... ~~.;f.;.~~.;..
::;...~~..~t::..
;':: SEAL ;~:
"0 00 : :
"0. "0. .00 .:
00 ....... ."
....."!.....
~ b. -)1Ju.J
William Osceola Gordon. Assistant Vice President
Emil B. Askew, Vice President
-STATE OF GEORGIA
} SS:
COUNTY OF DEKALB
On this 1st day of October, 1995, before me personally came Emil B. Askew, to me known, who being by me duly sworn did depose
'and say that he is a Vice President of NOBEL INSURANCE COMPANY, the corporation described in and which executed the above
instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
()~~,....
~':.P"~~
.: . :.
\-..:
OFFICIAl. SEAL
LENORA N. CAPE
NOTARY PUBUC
MY COMMISSION EXPIRE!
AUGUST 3.1998
....P 76 (fa A 12-
~ "7
Lenora N. Cape
NOTARY PUBLIC
My Commission Expires August 3,1998
CERTIFICATE
I, the undersigned, an Assistant Secretary of NOBEL INSURANCE COMPANY, a Texas corporation, DO HEREBY CERTIFY that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board
of Directors, set forth in the said Power of Attorney. is now in force: .
Signed and sealed at the city of Atlanta in the State of Georgia. Dated the
~~
,19 q +-.
day of }--'-Ov -c..1-,
.......
...~~~!',..CI.;..
:~~.~~..~+:..
:;.: SEAL' : ~:
.. .
. . .. .
. . . .
'0. "0. .0' .:
00 .0...... ..
.....":'.....
~1J.~
Charles B. Cape, Assistant Secretary
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Elevated Storage Tank Removal.
at
Augusta State Universi~
frnject No. U. 96.019
Index to Specifications
Title
Invitation To Bid
Bid Form
InstructiQn TQ Bidders
'General CQnditions
Supplementary General CQnditiQns
Standard Form of Agreement
Notice of Award
NQtice tQ Proceed
Application fQr Payment
Change Order
Certificate .of Substantial CompletiQn
Division
Title
DivisiQn 1
GENERAL REOUIREMENTS
01010
01027
01200
01400
01700
Summary ofWQrk
Applications for Payment
Project Meetings
Environment~ Quality Control
Project Closeout
Division 2
02060
02065
Elevated Storage Tank Removal
Lead-Bas~d Paint Abatement
FILE\K:\42702\ADM INlSPECS\IN DEX
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INVITATION TO BID
Bid Item #97-030, Elevated Storage Tank Removal, Augusta State University - Engineer's Project
No. 42.702. Sealed proposals from General Contractors will be received by the Augusta-Richmond
County Commission, Purchasing Department, Room 605, Municipal Building, 530 Greene Street,
Augusta, Ga. 30911, until 1 p.m. legally prevailing time on March 13, 1992 for the construction of:
Elevated Storage Tank Removal
at
Augusta State University
Project No. U.96.019
At the time and place noted above the proposals will be publicly opened and read. No extension of
the bidding period will be made.
Contract time is 45 days with substantial completion on or before May IS, 1997 after notice to
proceed issued on or before April 15, 1997.
Bidding documents may be obtained at the office of the engineer, Johnson, Laschober & Associates,
P.C., Consulting Engineers, 1296 Broad Street, Augusta, Georgia 30901. Applications for
documents, together with an amount of $20.00 per set shall be filed promptly with the engineer.
Bidding material will be forwarded, shipping charges collect, as soon as possible. The $20.00
amount is non-refundable. Bid documents may be viewed at the following locations: The Augusta
Richmond County Commission Purchasing Department, The Engineer's Office, Dodge Plan Room,
and Augusta Builder's Exchange.
Contract, if awarded, will be on a lump 'sum basis. No bid may be withdrawn for a period of 45 days
after time has been called on the date of opening. Bids must be accompanied by a bid bond and in
an amount not less than 10% of the base bid. Both a performance bond and a payment bond will be
required in an amount equal to 100% of the contract price.
The Owner reserves the right to reject any or all bids and to waive technicalities and informalities.
Please mark Bid Item # and Project Name on the outside of the envelope.
GERI A. SAMS, Purchasing Director
Augusta-Richmond County
Consolidated Government
Augusta Chronicle - February 27, March 4, and 7.
Augusta Focus - March 6.
Metro Courier - March 5.
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BID FORM
Date: 03/18/97
PROJECT NAME:
Elevated Storage Tank Removal
at
Augusta State University
Bid Item #97-030
TIllS BID IS SUBMITTED TO:
Augusta - Richmond County Commission
Purcha:Sing Department, Room 605
. Municipal Building
530 Green Street
Augusta, GA. 30911
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents'for the Contract Price
and within the Contract Time indicated in this Bid and in accordance with the other terms
and conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, including without limitation those dealing with the disposition
of Bid security. This Bid will remain subject to acceptance for forty-five days after the day
of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other
documents required by the Hidding Requirements within fifteen days att~r' the ciate of
OWNER'S Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
a. BIDDER has examined copies of all the Bidding Documents and of the following
Addenda (receipt of all which is hereby acknowledged):
Date
03/11/97
Number
One
b. BIDDER has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations
that in any manner may affect cost, progress, performance or furnishing of the Work.
c. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests and
studies which pertain to the subsurface or physical conditions at the site or otherwise
B-1
FILE\K.142102\ADMJN\SPECS\SIO FRM
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may"affect the cost, progress, perfoimanceor furnishing of the Work at the Contract
Price, within the Contract Time and in accordance with the other terms and
conditiops of the Contract Docwnents, including specifically the provisions of
paragraph 4.2 of the . General Conditions; and no additional examinations,
investigations, explorations, tests, reports or similar information or data are or will
be required by BIDDER for such purposes.
d. BIDDER has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations,
tests, reports or similar information or data in respect of said Underground Facilities
are or will be required by BIDDER in order to perform and furnish the WORK at the
Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of
paragraph 4.3 of the General Conditions.
e. BIDDER has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions
of the Contract Documents.
f. BIDDER has given ENGINEER written notice of all conflicts, errors or
discrepancies that it has discovered in the Contract Documents and the written'
resolution thereof by ENGINEER is acceptable to BIDDER.
g. This bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement
,. or rules of any group. association, organization or corporation; BIDDER has not
directly or indirectly'induced or solicited any other Bidder to submit a false or sham
Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain
from bidding; and BIDDER has not sought by collusion to obtain for itself any
advantage over any other Bidder or over OWNER.
4.
BIDDER will complete the WORK for the following price(s):
.~ . Seventy Four Thousand, Six Hundred Forty Eight
BASE BID $ Dollars & NO Cents $74 _ f148 00
.
Base Bid includes: 1) $4,000.00 (Four Thousand dollars) allowance for paying Owner
Selected Testing Agency as required by Supplementary General
. Conditions.
2) The BASE BID includes approximately 85 cu. yards of tank
foundation concrete removal (pedestal and spread footings for tower
columns and ri~er) p~us concrete slab. Foundation removal does not
include any piles that may be encountered. .
B-2
FILE\X:\42702IADMIN\SPECS\BID. FRM
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Deductive Alternate No. I: Deduct removal of concrete tank foundations and concrete
paving between foundations, filling below grade areas and ,soil erosion and sediment control.
. i '.
$ Eighty Five Hundred Dollars and NO
($8500.00) _
The Base Bid assumes that: 1) Wastes from lead-based paint from lead abatement activities-
stripping waste, waste water, and cleaning rags, mop heads, filters, etc., and, 2) Tank
components with lead-based paint coatings, may,be disposed of as non-hazardous solid waste
in any approved landfill. IfTCLP test results taken by the Testing Agency selected by the
Owner, classify these materials as hazardous waste, the materials shall be disposed of as a
hazardous waste on a writ price basis.
Cents
For the purpose of adjusting the Base Bid, the Bidder shall provide unit prices for disposal
of hazardous waste and agrees to perform the extra work at the following unit prices,
including overhead and profit, provided such unit prices are accepted by the Owner and
incorporated in the agreement:
T~rtation,perload $ N/A
Disposal, Paint strippings, per 55-gal drum (inc. transp) $ 460.00
Disposal, liquid, per 55-gal drom (inc. transp) $ 460.00
Waste Profile Fee (one-time charge) $ 575.00
5. BIDDER agrees that the Work
Will be substantially complete and ready for final payment in accordance with paragraph
14.13 of the General Conditions on or before May 15, 1997 after notice to proceed, issued
on or before April 15, 1997, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions on or before May 30,1997.
. .
6.
~e following documents are attached to and made a condition of this Bid:
a) Bid Bond
b) Bidder's Qualification Statement
7.
Communications concerning this Bid shall be addressed to:
The address of BIDDER indicated below.
Hudqjns Spec;rll
Sprvicps_
.
Tnt"
1=\40 l\Torth Aue'l'le, 1\1 W
Atlanta. Gporqirl 1011A
B-3
FILE\K:\41701\ADMINlSPECS\BIO.FRM
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The terms used in this Bid which are defined in the General Conditions of the Construction
Contract included as part of the Contract Docwnents have the meanings assigned to them in
the General Conditions.
REFERENCES - Furnish three (3) references from similar tank demolition projects
involving lead abatement, to include, owner's name, address and phone number.
Georgia World Congress
rpnh"r A.nt-hnri t-y
265 International BluQ.N.W.
Atl~Rt~, Coorgia JOJOJ
(404) 223-4000
Metropolitan Rapid Transit
Allt-hnrity (MARTA)
2424 Piodmont Ro~d, N.E.
htlanta, Coor9i~
(404) 848-5271
8.
SUBMITTED on Mar~h 20
lqq7
',...-~..,~'....~........ ........ ._~........'..'l'....-~.. ~tt-..,
9.
a.
b.
c.
City of East Point
3120 Bayard street
Ea3t Point, Ccorgia 30344
(404) 765 1051
B-4
Demolish and removal of
asbestos paint, lead based
primer and elevated steel
structure.
Demolish and remove' elevated
water tank for East Point
rail station.
Demolish and remove elevated
water tanks.
FILE\X :\42702\A0MINlSPECS\BID. FIlM
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If BIDDER 'is:
An Individual
By
doing business as
Business address:
(Individual's Name)
Phone No.:
A Partnership
By
(Individual's Name)
(general partner)
Business address:
Phone No.:
A Corporation
By Hud9ins Special SiCVice~, Inc_
orporation name)
By
Georgia
I) ~ 1..~te of incorporation)
(name of person authorized to sign)
Est:imator
(Title)
Tront-
nFmni~ G_
(Corporation~ Seal :/
Attest. __
(Secretary)
Business address' 640 North AVPntlP, N W
Atlanta. Georgia 30318
(404) 523-5003
Phone No.:
A loint Venture
By
(Name)
(Address)
(Name)
(Address)
By
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above).
B - 5
FILE\K: 'A2702\ADMINISPECSlB1D. FRM
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INSTRUCTIONS TO BIDDERS
1. Defined Terms.
Terms used in these Instructions to Bidders which are defined in the Standard General Conditions
of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to them in the
General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct
from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest,
qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation
as hereinafter provided) makes an award. The term "Bidding Documents" includes the
Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract
Documents (including all Addenda issued prior to receipt of Bids).
1.1 The Owner in all instances shall be Augusta-Richmond County Commissioners. The Owner
shall also be defined to include the Board of Regents of the University System of Georgia
regarding matters. of ownership of tank and land and insurance coverage.
2. Copies of Bidding Documents
2.1 Complete sets of the Bidding Documents in the number and for the deposit sum stated in the
Advertisement or Invitation to Bid may be obtained from Engineer.
2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor
Engineer assume any responsibility for errors or misinterpretations resulting from the use
of incomplete sets of Bidding Documents.
2.3 Owner and Engineer in muking copies of Bidding Documents available on the.abc~"e terms
do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant
for any other use.
3. Qualifications of Bidders.
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To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within
five (5) days of Owner's request written evidence, such as financial data, previous experience,
present commitments and other such data as may be called for below (or in the Supplementary
Instructions). Each Bid must contain evidence of Bidder's qualification to do business in the state
where the Project is located or covenant to obtain such qualification prior to award of the contract.
4. Examination of Contract Documents and Site.
4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract
Documents thoroughly, (b) visit the site to become familiar with local conditions that may
affect cost, progress performance or furnishing of the Work, (c) consider federal, state and
local Laws and Regulations that may affect cost, progress, performance or furnishing of the
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Work, (d) study and carefully correlate Bidder's observations with the Contract Documents,
and ( e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.
4.2 Information and data reflected in the Contract Documents with respect to Underground
Facilities at or contiguous to the site is based upon information and data furnished to Owner
and Engineer by owners of such Underground Facilities or others, and Owner does not
assume responsibility for the accuracy or completeness thereof unless it is expressly
provided otherwise in the Supplementary Conditions.
4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders on subsurface conditions, Underground Facilities and other physical conditions, and
possible changes in the Contract Documents due to differing conditions appear in Paragraphs
4.2 and 4.3 of the General Conditions.
4.4 Before submitting a Bid each Bidder will be responsible to make or obtain such explorations,
tests and data concerning physical conditions (surface, subsurface and Underground
Facilities) at or contiguous to the site, or otherwise which may affect cost, progress,
performance or furnishing of the Work and which Bidder deems necessary to determine its
Bid for performing and furnishing the Work in accordance with the time, price and other
terms and conditions of the Contract Documents.
4.5 On request in advance, Owner will provide each Bidder access to the site to conduct such
explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall
fill all holes, clean up and restore the site to its former condition upon completion of such
explorations.
4.6 The lands upon which the Workis to be performed, rights-of-way and easements for access
thereto and other lands designated for use by Contractor in performing the Work are
identified in the Contract Documents. Easements are to be obtained and paid for by the
Owner.
4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 4, that without exception the Bid
. is premised upon perfomling and furnishing the Work required by the Contract Documents
and such means, methods, techniques, sequences or procedures of construction as may be
indicated in or required by the Contract Documents, and that the Contract Documents are
sufficient in scope and detail to indicate and convey understanding of all terms and
conditions for performance and furnishing the Work.
5. Interpretations and Addenda.
5.1 All questions about the meaning or intent of the Contract Documents are to be directed to
Engineer. Interpretations or clarifications considered necessary by Engineer in response to
such questions will be issued by Addenda mailed or delivered to all parties recorded by
Engineer as having received the Bidding Documents. Questions received less than ten (10)
days prior to the date for opening of Bids may not be answered. Only questions answered
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by formal written Addenda will be binding. Oral and other interpretations or clarifications
will be without legal effect.
5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by
Owner or Engineer.
6. Bid Security.
6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount often
percent of the Bidder's maximum Bid price and in the form of a certified or bank check or
a Bid Bond issued by a surety meeting the requirements of Paragraph 5.1 of the General
Conditions.
6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed
the Agreement and furnished the required contract security, whereupon the Bid security will
be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish
the required contract security within fifteen (15) days after the Notice of Award, Owner may
annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid
security of other Bidders whom Owner believes to have a reasonable chance of receiving the
award may be retained by Owner until the earlier of the seventh (7th) day after the Effective
Date of the Agreement or the forth-sixth (46) day after the Bid opening, whereupon Bid
security furnished by such Bidders will be returned. Bid security with Bids which are not
competitive will be returned within seven (7) days after the Bid opening.
7. Contract Time.
The numbers of days within which, or the dates by which, the Work is to be substantially completed
" and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form
and the Agreement.
8. Substitute or "Or Equal" Items.
The materials and equipment described in the Bidding Documents establish a standard of required
function, dimension, appearance and quality to be met by any propos~d substitution. No substitution
will be considered unless written request for approval has been submitted by the Bidder and has
been received by Engineer at least fifteen (15) days prior to the date for receipt of Bids. Each'such
request shall include the name of the material or equipment for which it is to be substituted and a
complete description of the proposed substitute including drawings, cuts, performance and test data
and any other information necessary for an evaluation. A statement setting forth any changes in
other materials, equipment of Work that incorporation of the substitute would require shall be
included. The burden of proof of the merit of the proposed substitute is upon the Bidder. The
Engineer's decision of approval or disapproval of a proposed substitution shall be final. If Engineer
approves any proposed substitution, such approval will be set forth in an Addendum issued to all
prospective Bidders. Bidders shall not rely upon approvals made in any other manner.
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9. Bid Form.
9.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained
from Engineer (or the issuing office).
9.2 All blanks on the Bid Form must be completed in ink or by typewriter.
9.3 Bids by corporations must be executed in the corporate name by the president or a vice-
president (or other corporate officer accompanied by evidence of authority to sign) and the
. corporate seal must be affixed and attested by the secretary or an assistant secretary. The
corporate address and state of incorporation must be shown below the signature.
9.4 Bids by partnerships must be executed in the partnership name and signed by a partner,
whose title must appear under the signature and the official address of the partnership must
be shown below the signature.
9.5 All names must be typed or printed below the signature.
9.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which
must be filled in on the Bid Form).
9.7 The address and telephone number for communications regarding the Bid must be shown.
10. Submission of Bids.
Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and
shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the
designated portion of the Project for which the Bid is submitted) and name and address of the Bidder
and accompanied by the Bid security and other required documents. If the Bid is sent through the
mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the
notation "BID ENCLOSED" on the face of it.
11. Modification and Withdrawal of Bids.
11.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that, a Bid must be executed) and delivered to the place where Bids are to be
submitted at any time prior to the opening of Bids.
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11.2 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed,
written notice with Owner and promptly. thereafter demonstrates to the reasonable
satisfaction of Owner that there was a material and substantial mistake in the preparation of
its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter,
that Bidder will be disqualified from further bidding on the Work to be provided under the
Contract Documents.
12. Opening of Bids.
Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the
amounts of the base Bids and major alternates (if any) will be made available to Bidders after the
opening of Bids.
13. Bids to Remain Subject to Acceptance.
All bids will remain subject to acceptance for forty-five (45) days after the day of the Bid opening,
but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.
14. Award of Contract.
14.1 Owner reserves the right to r~ject any and all Bids, to waive any and all informalities not
involving price, time or changes in the Work and to negotiate contract terms with the
Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced
or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner
believes that it would not be in the best interest of the Project to make an award to that
Bidder, whether because the Bid is not responsible or the .Bidder is unqualified or of doubtful
financial ability or fails to meet any other pertinent standard or criteria established by
Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved
in favor of the unit prices. Discrepancies between the indicated sum of any column of
figures and the correct sum thereof will be resolved in favor of the correct sum.
14.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the
Bids comply with the prescribed requirements, and such alternates, unit prices and other
data, as may be requested in the Bid Form or prior to the Notice of Award.
14.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and
other persons and organizations proposed for those portions of the Work as to which the
identity of Subcontractors, Suppliers, and other persons and organizations must be submitted
as provided in the Supplementary Conditions. Owner also may consider the operating costs,
maintenance requirements, performance data and guarantees of major items of materials and
equipment proposed for incorporation in the Work when such data is required to be
submitted prior to the Notice of Award.
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14.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation
of any Bid and to establish the responsibility, qualifications and financial ability of Bidders,
. proposed Subcontractors, Suppliers and other persons and organizations to perform and
furnish the Work in accordance with the Contract Documents to Owner's satisfaction within
the prescribed time.
14.5 lfthe contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by
Owner indicates to Owner that the award will be in the best interests of the Project.
14.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award
within forty-five (45) days after the day of the Bid opening.
15. Contract Security.
. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's
requirements as to performance and payment Bonds. When the Successful Bidder delivers the
executed Agreement to Owner, it must be accompanied by the. required performance and payment
Bonds.
16. Signing of Agreement.
When owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the
required number of unsigned counterparts of the Agreement with all other written Contract
Documents attached. Within fifteen (15) days thereafter Contractor shall sign and deliver the
required number of counterparts of the Agreement and attached documents to Owner with the
required Bonds. Within ten (10) days thereafter Owner shall deliver one (1)' fully signed counterpart
to Contractor. Each counterpart 'is to be accompanied by a complete set of the Drawings with
appropriate identification.
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GENERAL CONDITIONS
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ARTICLE I-DEFINITIONS
Wherever used in these General Conditions or in the other Contract
Documents the following tenns have the meanings indicated which
are applicable to both the singular and plural thereof:
Addenda-Written or graphic instrumentS issued prior to the
opening of Bids which clarify, correct or change the bidding
documents or the Contract Documents.
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 lor Payment-The form accepted by ENGINEER
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 Docwnents.
Bid-- The offer or proposal of the bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed .
Bonds-Bid. performance and payment bonds and other
instnunents of security.
Change Order-A docUment recommended by ENGINEER, which
is signed by CONTRACTOR and OWNER and authorizes an
addition, deletion or revision in the Work. or an adjustment in the
Contract Price or the Contract Time, issued on or after the
Effective Date of the Agreement
ConJrad Documents-The Agreement. Addenda (which pertain to
the Contract Doculnent~), 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 Specifications and
the Drawings as the same are more specifically identified in the
Agreement. together with all amendments, modifications and
supplements issued pursuant to paragraphs 3.4 and 3.5 on or after
the Effective Date of the Agreement
Contract Price-The moneys payable by owNER to CON-
TRACTOR W1der the Contract Documents as stated in the
Agreement (subject to the provisions ~fparagraph 11.9.1 in the
case of Unit Price Work).
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Contract Time-The number of days (computed as provided in
paragraph 17.2) or the date stated in the. Agreement for the C
completion of the Work.
CONTRACTOR-The person, fIrm or corporation with whom
OWNER has entered into the Agreement.
Defective--An adjective which when modifying the word Work
refers to Work that is unsatisfactory. faulty or deficient. or does not
conform to the Contract Documents. or does not meet the
requirements of any inspection, reference standard., test or approval
referred to in the Contract Documents. or has been damaged prior
to ENGINEER's recommendation of final payment (unless
responsibility for ~e protectio.n ~ereof has been assumed by
OWNER at SubstantIal Complebon m accordance with paragraph
14,X 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 ENGINEER and are referred to in the Contract
Documents. '
Ellective Dale 01 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 and
delivered by the last of the two parties to sign and deliver.
ENGINEER'- The person, firm or corporation named as such in
the Agreement
Field Order-A written order issued by ENGINEER which orders
minor changes in the Work in accordance With paragraph 9.5 but
which does not involve a change in the Contract Price ~r the
Contract Tune.
General Requirements-Sections of Division I of the Speci-
fications .
Laws and Regulations; Laws or Regulations-Laws, rules,
regulations, ordinances. codes and/or orders.
Notice 01 A ward-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 sigrl and delivc:-
the Agreement. .
Notice to Proceed-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the date on
which the Contract Time will commence to run and on which
CONTRACTOR shall start to perform CONTRACTOR'S
obligations W1der the Contract Docwnents.
OWNER- The public body or authority, corporatior., association,
fIrm or person with whom CONTRACTOR has entered into the
Agreement and for whom the Work is to be provided.
Partial Uti/izotion-Placing a portion of the Work in service for the
purpose for which it is intended (or a related pwpose) before
reaching Substantial Completion for all the Work.
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 Docwnents.
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Resident Project Representa/lve- The authorized representative of
I ENGINEER who is assign~ to ~e site or .any p~ thereof.
. ""Shop Drawings-All drawmgs, diagrams, illustrations. schedules. ""
and other data which are specifically prepared by or for
I CONTRACTOR to illustrate some portion of the Work and all
illustrations, brochures, standard schedules. performance charts,
instructions, diagrams and other information prepared by a
1 Supplier and submitted by CONTRACTOR to illustrate material
or equipment for some portion of the Work.
SpecljicaJIons- Those portions of the Contract Documents
I consisting of written technical descriptions of materials, equipment,
construction systems, standards and workmanship as applied to the
Work and certain administrative details applicable thereto.
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SubcontrQJ;tor-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 cite.
Substantial Completion-The Work (or a specified part thereof)
has progressed to the point where, in the opinion of ENGINEER
as evidenced by ENGINEER's definitive certificate of Substantial
Completion. it is sufficiently complete, in accordance with the
Contract Documents, so that the Work (or specified part) can be
utilized for the purposes for which it is intended; or if there be no
such certificate issued, when final payment is due in accordance
with paragraph 14.13. The terms .substantially complete" and
"substantially completed" as applied to any Work refer to
Substantial Completion thereof.
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Supplementary Conditions-The part of the Contract Documents
which amends or supplements these General Conditions .
Supp/Jer-A manufacturer, fabricator, supplier, distributor,
materialman or vendor.
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Underground Facilities-All pipelines, conduits, ducts, cables,
wires, manholes, vaults, tanks, tunnels or other such facilities
or attachments, and any encasements containing such 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.
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Unit Price Work-Work to be paid for on the basis of unit
prices.
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Work-- The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished under
the Contract Documents. Work is the result of performing
services, furnishing labor and furnishing and incorporating
materials and equipment into the construction, all as required
by the Contract Documents.
Work Directive Change-A written directive to CONTRAC-
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TOR, issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER,
ordering an addition, deletion or revision in the Work, or
responding to differing oc unforeseen physical conditionsiinder
which the Work is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
Directive Change may not change the Contract Price or the
Contract Time, but is evidence that the parties expect that the
change directed or documented by a Work Directive Change
will be incorporated in a subsequently issued Change. Order
following negotiations by the parties as to its effect, if any, on
the Contract Price or Contract Time as provided in paragraph
10.2.
Written AmendmenJ-A written amendment of the Contract
Documents, signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally dealing
with the non engineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2--PRELIMINARY MATIERS
DeUvery 01 Bonds:
2.1. When CONfRACfOR delivers the executed Agreements
to OWNER, CONTRACTOR shall also deliver to OWNER
such Bonds as CONTRAcrOR may be required to furnish in
accordance with paragraph 5.1.
Copies 01 DocumenJs:
2.2. OWNER shall furnish to CONTRAcrOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will be
furnished, upon request, at t!:~ cost of reproduction.
Commencement of ConJrad TIme; Notice to Proceed:
2.3. The Contract Time will commence to run on the thirtieth
day after the Effective Date of the Agreement, or, if a Notice
to Proceed is given, on the day indicated in the Notice to
Proceed. A Notice to Proceed may be given at any time within
thirty days after the Effective Date of the Agreement. In no
event will the Contract Time commence to run later than the
seventy-fifth day after the day of Bid opening or the thirtieth
day after the Effective Date of the Agreement, whichever date
is earlier.
Starting the Project:
2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Time commences to run, but no Work
shall be done at the site prior to the date on which the Contract
Time commences to run.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CON-
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TRACTOR shall carefully study and compare the Contract
. Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any"
conflict, error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
affected thereby~ however, CONTRACTOR shall not be liable
to OWNER or ENGINEER for failure to report any conflict,
error or discrepancy in the Contract Documents, unless
CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements),
CONTRACTOR shall submit to ENGINEER for review:
2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work
2.6.2. a preliminary schedule of Shop Drawing sub.
missions~ and
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub-
mISSion.
2.7. 'Before any Work at the sitt. is start~ CONTRAC-
TOR shall deliver to OWNER, ,with a copy to ENGINEER,
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs .5.3 and .5.4, and
OWNER shall deliver to CONTRACTOR certificates (and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5,7.
Preconstruction CoTiferenee:
2.8. Within twenty days after the Effective Date of the
Agreement, but before CONTRACTOR starts the Work at the
site, a conference attended by CONTRACTOR, ENGINEER
and others as appropriate will be held to discuss the schedules
referred to in paragraph 2.6, to discuss procedures for handling
Shop Drawings and other submittals and for processing
Applications for Payment, and to establish a working
understanding among the parties as to the Work.
FlnalWng Scludules:
2.9. At least ten days before submission of the first Appli-
cation for Payment a conference attended by CONTRACTOR,
ENGINEER and others as appropriate will be held to finalize
the schedules submitted in accordance with paragraph 2.6. The
finalized progress schedule will be acceptable to ENGINEER
as providing an orderly progression of the Work to completion
within the Contract Time, but such acceptance will neither
impose on ENGINEER responsibility for the progress or
scheduling of the Work nor relieve CONTRACTOR from full
responsibility there for. The finalized schedule of Shop
Drawing submissions will be acceptable to ENGINEER as
providing a workable arrangement for processing the
submissions. The finalized schedule of values will be
acceptable to ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary~ what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with the
law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be con-
structed in accordance with the Contract Documents. Any
Work, materials or equipment that may reasonably be inferred
from the Contract Docmnents as being required to produce the
intended result will be supplied whether or not specifically
called for. When words which have a well-known technical or
trade meaning are used to describe ':V ork, materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications, manuals or
codes of any technical society, organization or association, or
. to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication, shall
mean the latest standard specification, manual, code or Laws
or Regulations in effect at the time of opening of B ids (or, on
the Effective Date of the Agreement if there were no Bids),
except as may be otherWise specifically stated. However, no
provision of any referenced standard specification, manual or
code (whether or not spec'ifically incorporated by reference in
the Contract Documents) shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER, or any of their consultants, agents or employees
from those set forth in the Contract Documents, nor shall it be
effective to assign to ENGINEER, or any of ENGINEER's
consultants, agents or employees, any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary to
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the provisions of paragraph 9.15 or 9.16. Clarifications and
interpretations of the Contract Documents shall be issued by
ENGINEER as pr~)Vided in,paragraph 9.4.
3.3. If, during the performance of the Work, CONTRAC-
TO R finds a conflict, error or discrepancy in the Contract
Documents, CONTRACfOR shall so report to ENGINEER
in writing at once and before proceeding with the Work
affected thereby shall obtain a written interpretation or
clarification from ENGINEER.; however, CONTRAcrOR
shall not be liable to OWNER or ENGINEER for failure to
report any conflict, error or discrepancy in the Contract
Documents uilless CONTRACfOR had actual knowledge
thereof or should reasonably have known thereof.
Amending and Supp/emen/lng ConJract Documents:
3.4. 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:
3.4.1. a formal Written Amendment,
3.4.2. a Change Order (pursuant to paragraph 10.4), or
3.4.3. a Work Directive Change (pursuant to paragraph
10.1).
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.
3.5. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more "I the
following ways:
3.5.1. a Field Order (pursuant to paragraph 9.5),
3.5.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.5.3. E.NGINEER's written interpretation or clarifi'"
cation (pursuant to paragraph 9.4).
Reuse of Documents:
3.6. Neither CONTRACfOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
nishing any of the Work Wlder a direct or indirect contract with .
OWNER shall have or acquire any title to or ownership rights
in any of the Drawings, Specifications or other documents (or
. copies of any thereof) prepared by or bearing the seal of
ENGINEER~ and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
ARTICLE 4-A V AILABILTIY OF LANDS; PHYSICAL
CONDmONS: REFERENCE POINTS
A vallabUlty of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Docmnents, 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
Easements for permanent structures or permanent changes in
existing facilities will be obtained and paid for by OWNER,
unless otherwise provided in the Contract Documents. If
CONTRACfOR believes that any delay in OWNER's
furnishing these lands, rights-of-way or easements entitles
CONTRACfOR to an extension of the Contract Time,
CONTRACfOR may make a claim there for as provided in
Article 12. CONTRACTOR shall provide for all additional
lands and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.
Physkal 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
the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such reports, but not upon nontechnical data, interpretations
or opinions contained therein or for the completeness
thereof for CONTRACfOR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6, CONTRAcrOR shall ht.ve fill: Je:;y~;lSibility
with respect to subsurface conditions at the si~.
4.2.2. Existing strru:tures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utiliZed by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings, but not for the complete-
ness thereof for CONTRACfOR's purposes. Except as
indicated in the immediately preceding sentence and in
paragraph 4.2.6, CONTRACfOR shall have full respon-
sibility with respect to physical conditions in or relating to
such structures.
4.2.3. Report of Differing Conditions: IfCONTRAC-
TOR believes that:
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4.2.3.1. any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs 4.2.1
. - "and 4.2.2 is inaccurate, or
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated, reflected or referred to in the Contract Docu-
ments,
CONTRACTOR shall, promptly after becoming aware thereof
and before performing any Work in connection therewith
(except in an emergency as permitted by paragraph 6.22),
notify OWNER and ENGINEER in writing about the
inaccuracy or difference.
4.2.4. ENGINEER's Review: ENGINEER will promptly
review the pertinent conditions, determine the necessity of
obtaining additional explorations or tests with respect
thereto and advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings and
conclusions.
4.2.5. PossJ1Jk DocumenJ Change: If ENGINEER
concludes that there is a material error in the Contract
Docmnents or that because of newly discovered conditions
a change in the Contract Documents is required, a Work
Directive Change or a Change Order will be issued as
provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
4.2.6. Possibk Price and Time ALQustmenJs: In each such
case, an increase or decrease in the Contract Price or an
extension or shortening of the Contract Time, or any
combination thereof, will be allowable to the extent that
they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereot: a claim may be made there for
as provided in Articles 11 and 12.
Physical Condltions-Urukrground FacllJJles:
4.3.1. Shown or Indicated: The information and data
sho\\1l 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
ENGINEER bY the O\\1lers of such Underground Facilities or
by others. Unless it' is otherwise expressly provided in the
Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any such
information or data; and,
4.3.1.2. CONTRACTOR shall have full 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 owners 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 IndlcaJed. If an Underground Facility
is Wlcovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents and which
CONfRACTOR 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
ENGINEER ENGINEER will promptly review the
Underground Facility to determine the extent to which the
Contract Documents should be modified to reflect and
document the consequences of the existence of the
Underground Facility, and the Contract Documents will be
amended or supplemented to the extent necessary. During such
time, CONTRACTOR shall be responsible for the safety 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 there for as provided in
Articles 11 and 12.
Reference Points:
4A OWNER shall provide engineering surveys to establish
reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements), shall. protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER CONTRAC-
TOR shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of necessary
changes in grades or locations, and shall be responsible for the
accurate replacement or relocation of such reference points by
professionally qualified personnel.
ARTICLE 5--BONDS AND INSURANCE
Performance and Other Bonds:
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S.1. CONTRACTOR shall furnish performance and pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payMent becomes due, 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 Companies" as published
in Circular 570 (amended) by the Audit Staff Bureau of
AccoWlts, U.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified copy of the authority
to act.
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a 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 S.l, CONTRACTOR shall within five days
thereafter substitute another Bond and Surety, both of which
must be acceptable to OWNER.
. Contractor's LlobllJly Insurance:
S.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:
S.3.1. Claims under workers' or workmen's compen-
sation, disability benefits and other similar employee ben-
efit acts; .
5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease, or death of CONTRAC-
TOR's employees;
S.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 resuit of an offense directly or indirectly related to the
employment of such person by CONTRACTOR, or (b) by
any other person for any oth~r 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 Reg-
ulations 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 S.3 shall include the
specific coverages and be written for not less than the limits of
liability and coverages 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 insur-
ance 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
cancelled, materially changed or renewal refused until at least
thirty days' prior written notice has been given to OWNER and
ENGINEER by certified mail. All such insurance shall remain
in effect until [mal payment and at all times there aft when
CONTRACTOR may be correcting, removing or replacing
defective Work in accordance with paragraph 13.12. In
addition, - CONTRACfOR shall maintain such complete
operations insurance for at least two years after final pay me
q and furnish OWNER with evidence of continuation of su~h
insurance at final payment and one year thereafter.
Contraetual lAbllJly Insurance:
5.4. The comprehensive general liability insurance required
by paragraph S.3 will include contractual liability insurance
applicable to CONTRACfOR' s obligations under paragraphs
6.30 and 6.31.
Owner's LlobllJJy Insurance:
S.5. OWNER shall be responsible for purchasing and
maintaining OWNER's 0\\11 liability insurance 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:
S.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
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thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulations). This insurance shall-include the interests of
OWNER, CONTRACTOR, Subcontractors, ENGINEER and
ENGINEER's consultants in the Work, all of whom shall be
listed as insureds or additional insured parties, shall insure
against the perils of fire and extended coverage and shall
include "all risk" insurance for physical loss and damage
including theft, vandalism and malicious mischief, collapse and
water damage, and such other perils as may be provided in the
Supplementary Conditions, and shall include damages, losses
and expenses arising out of or resulting from any insured loss
or incurred in the repair or replacement of any insured property
(including but not limited to fees and charges of engineers,
architects, attorneys and other 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.
S .7 . OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER AND
ENGINEER's consultants in the Work, all of whom shall be '
listed as insured or additional insured parties.,
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 S.6 and S.7 will
contain a provision or endorsement that the coverage afforded
will not be cancelled or materially changed or renewal refused
mtil at least thirty days' prior written notice has been given to
CONTRACTOR by certified mail and will contain waiver
provisions in accordance with paragraph 5.11.2.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the 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, Sub-
contractor or others suffering any such loss and if any of them
wishes property insurance coverage within the limits of such
amoWlts, 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 commencement
of the Work at the site, OWNER shall in writing advise
CONfRACTOR whether or not such other insurance has been
procured by OWNER. c .
Walver 01 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 S. 6 and S. 7 and any other
property insurance applicable to the Work, and also waive
all such rights against the Subcontractors, ENGINEER,
ENGINEER's consultants and all other parties named as
insureds in such policies for losses and damages so caused.
As required by paragraph 6.11, each subcontract between
CONTRACTOR and a Subcontractor will contain similar
waiver provisions by the Subcontractor in favor of
OWNER, CONTRACTOR, ENGINEER, ENGINEER's
consultants and all other parties named as insureds. None
of the above waivers shall extend to the rights that any of
the insured parties may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
S.II.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and S.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 con-
tain 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 ENGINEER or ENGI-
NEER's consultant OWNER will obtain the same. and if
such wai".'er forms are required of any Subcontractor,
CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds, as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph
S.13. OWNER shall deposit in a separate accoimt 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
accoWlt thereof and the Work and the cost thereof covered by
an appropriate Change Order or Written Amendment.
S.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
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occurrence ofloss 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 agreementas"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 S.6 and S.7 on the basis of their not complying with
the Contract Docmnents, 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 Utlll1.atlon-Property Insurance:
5.IS. If OWNER fmds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Comple-
tion of all the Work, such use cr occupancy may be accom-
plished 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 cancelled or lapse on account
of any such partial use or occupancy..
ARTICLE 6-CONTRACfOR'S RESPONSIBILITIES
Supervision and SuperlnJendence: .
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 selection of a specific
means, method, technique, sequence or procedure of
construction which is indicated in and required.by-,tbe Contract
Documents. CONTRACfOR 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
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at the
site and shall have authority to act on behalf of CON-
TRACTOR All communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
Labor, MaJerials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably
qualified personnel to survey and lay out the Work and per-
form construction as required by the Contract Docu.rDents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or
adjacent thereto, and except as otherwise indicated in the
Contract Documents, all Work at the site shall be performed
during regular working hours, and CONTRACTOR will not
permit overtime work or the performance of Work on Sat-
urday, SWlday or any legal holiday without OWNER's written
consent given after prior written notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments, CONTRACTOR shall furnish and assume full respon-
sibility for all materials, equipment, labor, transportation,
construction equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, w::~~r, sanitary facilities;
temporary facilities and all other facilities and incidentals
necessary for the furnishing, performance, testing, start-up and
completion of the Work
6.S. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER, CONTRACTOR shall_
furnish satisfactory evidence (including reports of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied, installed, con-
nected, erected, used, cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents; but no pro-
vision of any such instructions will be effective to assign to
ENGINEER, or any of ENGINEER's consultants, agents or
employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or authority
to undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16.
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AdJusdng Progress Scheduk:
6.6. CONTRACTOR shall submit to,EN.GINEER for
acceptance (to the extent indicated in paragraph 2.9) adjust-
ments in the progress schedule to reflect the impact thereon of
new developments; these will conform generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified or
described in the Contract Documents by using the na,me 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 ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI-
NEERfrom anyone other than CONTRACTOR If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment, CONfRACTOR shall make written
application to ENGINEER for acceptance thereof,
certifying that the proposed substitute will perform ade- .
quately the functions and achieve the results called for by
the general design, be similar and of equal substance to that
specified and be suited to the same use as that specified.
The application will state that the evaluation and
acceptance of the proposed substitute \\'ill 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 indi-
cated. The application will also contain an itemized esti-
mate of all costs that will result directly or indirectly from
acceptance of such substitute, including costs of redesign
and claims of other contractors affected by the resulting
change, all of which shall be considered by ENGINEER in
evaluating the proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute.
6.7.2. Ifa 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 ENGINEER, if
CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedure for review by ENGINEER will
be similar to that provided in paragraph 6.7.1 as applied by
ENGINEER and as may be supplemented in the General
Requirements.
6.7.3. ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability, and no
substitute will be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONfRACfOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in the
Contract Documents occasioned thereby. Whether or not
ENGINEER accepts a proposed substitUte, CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluating
each proposed substitute.
Concerning Subcontractors, SuppUers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person or organizati~il (including
. those acceptable to OWNER and ENGINEER as indicated
in paragraph 6.8.2), whether initially or as a substitute,
against whom OWNER or ENGINEER may have
reasonable objection. CONTRAcrOR 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 per-
sons or organizations (including those who are to furnish
the principal items of materials and equipment) to be sub-
mitted to OWNER in advance of the specified date prior to
the Effective Date of the Agreement for acceptance by
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions, OWNER's or ENGINEER's accept-
ance (either in writing or by failing to make written objec-
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tion 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 ~creased by the difference in the cost
occasioned by such substitution and an appropriate Change
Order will be issued or Written Amendment signed. No
acceptance by OWNER or ENGINEER of any such
Subcontractor, Supplier or other person or organization shall
constitute a waiver of any right of OWNER or ENGINEER to
reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors, Suppliers and other persons and organiz3tions per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTORjust as CONTRAC-
TOR is responsible for CONTRACfOR's own acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER and
any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subcontractor, Supplier or other
person or organization except as may otherwise be required by
Laws and Regulations.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an 'appropriate :agreement
between CONTRACTOR and the Subcontractor which
officially binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions as
required by paragraph S.l1. CONTRACTOR shall pay each
Subcontractor a just share of any insurance moneys received
by CONTRACTOR on accoWlt of losses under policies issued
pursuant to paragraphs 5.6 and S. 7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and roy-
alties and assume all costs incident to the use in the perfor-
mance 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. If a
particular invention, design, process, product or device is
specified in the Contract Documents for use in the performance
of the Work and if to the actual knowledge of OWNER or
ENGINEER its use is subject to patent rights or copyrights
Calling for the payment of any license fee or royalty to others,
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify and
hold harmless OWNER and ENGINEER and anyone directly
or indirectly employed by either of them from and against all
claims, damages, losses and expenses (including attorneys' fees
and court and arbitration costs) arising out of any infringement
of patent rights or copyrights incident to the use in the
performance of the Work or resulting from the incorporation
in the Work of any invention, design, process, product or
device not specified in the Contract Documents, and shall
defend all such claims in connection with any alleged
infringement of such rights.
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or if there
are no Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work, and OWNER shall pay all charges of
such utility O\\11ers for capital costs related thereto such as
plant investment fees.
Laws and Regulotlons:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
. nishing and performance of the Work. Except where oth-
erwise expressly reqUired by applicable Laws and R~gu-
lations, neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations.
6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations, CONTRACTOR shall give ENGINEER
prompt written notice thereof, and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations, and without such notice to
ENGINEER, CONTRACTOR shall bear all costs arising
therefrom; however, it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations .
Taxes:
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6.15. CONTRACTOR shall pay all sales, conStimer, use
and other similar taxes required to be paid by CONTRACTOR
.in accordance with the Laws and Regulations of the place of ..,
the Project which are applicable during the performance of the
.W ork.
Use of Premises:
6.16. CONTRACTOR shall confme construction equip-
ment, the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations, rights-
of-way, permits and easements, and shall not unreasonably
encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area~or to
the O\\11er or occupant thereof or of any land or areas contig-
uous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance of
the Work, CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall, to the
fullest extent permitted by Laws and Regulations, indemnify
and hold OWNER and ENGINEER harmless from and against
. all claims, damages, losses and expenses (including, but not
limited to, fees of engineers, architects, attorneys and other
professionals and court and arbitration costs) arising directly,
indirectly or consequentially out of any action, legal or equi-
table, brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACfOR shall remove
all waste materials, rubbish and debris from and about the
, premises as well as all tools, appliances, construction equip-
ment and machinery, and surplus materials, and shall leave the
site clean and ready for occupancy by OWNER CON-
TRACTOR shall restore to original condition all property not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of
any structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subject any part of the
Work or adjacent property to stresses or pressures that will
endanger it.
Record Documents:
6.19, CONTRACTOR shall maintain in a safe place at the
site one record copy of all Drawings, Specifications, Addenda,
Written Amendments, Change Orders, Work Directive
Changes, Field Orders and written interpretations and
clarifications (Issued pursuant to paragraph 9.4) in good order
and annotated to show all changes made during constructjon.
These record documents together with all approved samples
and a counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion of the
Work, these record documents, samples and Shop Drawings
will be delivered to ENGINEER for OWNER
Safely and Protection:
6.20. CONTRACfOR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for the safety 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, road-
ways, structures, utilities and Underground Facilities not
designated for removal, relocation or replacement in the
course of construction.
CONTRACfOR 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 O\\11ers 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 pro-
tection, 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 CONTRACfOR, any Subcontractor,
Supplier or any other person or organization directly or indi-
rectly employed by any of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to the
acts or omissions of OWNER or ENGINEER 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-
TRACfOR). CONTRACTOR's duties and responsibilities for
the safety and protection of the Work shall continue until such
time as all the Work is completed and ENGINEER has issued
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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 rep-
resentative at the site whose duty shall be the prevention of
accidents. This person shall be CONTRACTOR's superin-
tendent unless otherwise designated in writing by CON-
TRACTOR to OWNER
Emergencies:
6.22. In emergencies affecting the safety or protection of .
persons or the Work or property at the site or adjacent thereto,
CONfRACTOR, without special instruction or authorization
from ENGINEER or OWNER, is obligated to act to prevent
threatened damage, injwy or loss. CONTRACTOR shall give
ENGINEER prompt written notice' if CONTRACTOR
believes that any significant changes in the Work or variations
from the Contract Documents have been caused thereby. If
ENGINEER determines that a change in the Contract
DocWllents is required because of the action taken in response
to an emergency, a Work Directive Change or Change Order.
will be issued to docwnent the consequences of the changes or
variations .
Shop Drawings and Samples:
6.23. After checking and verifying all fieldmeasuremeots
and after complying with applicable procedures specified in the
General Requirements, CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions (see para-
graph 2.9), or for other appropriate action if so indicated in the .
Suppl~mentary COJlditions, five copies (unless otherwise
specified in the General Requirements) of all Shop Drawings,
which will bear a stamp or specific written. indication that
CONTRACTOR has satisfied CONTRACTOR's responsi- .
bilities under the Contract Documents with respect to the.
review of the submission. All submissions will be identified as .
ENGINEER may require. The data sho\\11 on the Shop
Drawings will be complete with respect to quantities, dimen-
sions, specified performance and design criteria, materials and .
similar data to enable ENGINEER to review the information
as required.
6.24. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause no
delay in Work, all samples required by the Contract Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material, Supplier,
pertinent data such as catalog numbers and the use for which
intended .
6.2S.1. Before':submission'of each Shop Drawing or
sample CONTRACI'OR 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.
6.25.2. At the time of each submission, CONTRAC-
TOR shall give ENGINEER 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 notatiC?n to be made on each
Shop Drawing submitted to ENGINEER for review and
approval of each such variation.
6.26. ENGINEER will review and approve with reasonable
promptness Shop Drawings and samples, but ENGINEER'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. CONTRACTOR
shall make corrections required by ENGINEER, and shall
return the required number of corrected copies of Shop
. Drawings and submit as required new samples for review and
approval. CONTRACTOR shall direct specific attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop Drawings
or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.25.2 and
ENGINEER has given written approval of each such variation
by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor will
any approval by ENGINEER relieve CONTRACTOR from
responsibility for errors or omissions in the Shop Drawings or
from responsibility for having complied with the provisions of
paragraph 6.25. ] .
6.28. Where a Shop Drawing or sample is required by the
Specifications, any related Work performed prior to ENGI-
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NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
...... ;~P.
Continuing the Work:
6.29. CONfRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
permitted by paragraph lS.S or as CONTRAcrOR and
OWNER may otherwise agree in writing.
lndemnlftcation:
6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants, agents and
employees from and against all claims, damages, losses and
expenses, direct, indirect or consequential (including but not
limited to fees and charges of engineers, architects, attorneys
and other professionals and court and arbitration costs) arising
out of or resulting from the performance of the Work, 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 CONTRAcrOR, any
Subcontractor, any person or organization directly or indirectly
employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party
indemnified hereunder. or arises by or is imposed by Law and
Regulations regardless of the negligence of any such party.
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants, agents or employees by any
employee ofCONTRA.CTOR, any Sub~Qtractor, any person
or organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, the indemnification obligation
under paragraph 6.30 shall not be limited in any way by any
limitation on the amount or type of damages, compensation or
benefits payable by or for CONTRACTOR or any such
Subcontractor or other person or organization under workers'
or workmen's compensation acts, disability benefit acts or
other employee benefit acts.
6.32. The obligations of CONTRACTOR under paragraph
6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants, agents or employees arising out of
the preparation or approval of maps, drawings, opinions,
reports, surveys, Change Orders, designs or specifications.
ARTICLE 7 - OTHER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces, have other work
performed by utility owners or let other direct contracts there
for 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 CONfRACTOR 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 there for as
provided in Articles 11 and 12.
7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER, if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work, and
shall properly connect and coordinate the Work with theirs.
CONfRACTOR shall do all cutting, fitting and patching of the
Work that may be required to make its several parts ccme
together properly and integrate with such other work. CON-
TRACTOR 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 ENGINEER and
the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors to
the extent that there are comparable provisions for the benefit
of CONfRACTOR in said direct contracts between OWNER
and such utility O\\11ers and other contractors.
7.3. If any part of CaNTR.f.CTOR's Work depends for
proper execution or . results upon the work of any such other
contractor or utility owner (or OWNER), CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays, defects or deficiencies in such work that render it
unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non
apparent defects and deficiencies in the other work.
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 con
tractors will be identified in the Supplementary Conditions,
and the specific matters to be covered by such authority and
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responsibility will be itemized, and the extent of such authority
I and r~ponsibilities will b~ provi~ed, ~ the Supplementary
',.' Condibons. Unless otherwIse proVIded 10 the Supplementary
Conditions, neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination.
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ARTICLE 8-0WNER'S RESPONSffiILITIES
8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER
8.2. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former .
. ENGINEER 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 pay-
ments 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
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reference pomts are set forth in paragraphs 4.1 and 4.4. Para-
graph 4.2 refers to OWNER's identifying and making avail- .
able to CONTRACTOR copies of reports of explorations and
tests of subsurface conditions at the site and in existing struc-
tures which have been utilized tiy ENGINEER in preparing the .
Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs S.5 through S.8.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
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8.7. OWNER's responsibility in respect of .certain .
inspections, tests and approvals is set forth in paragraph 13.4.
8.8. In coniledon with OWNER's righno stop Work or.
suspend Work, see paragraphs 13.10 and 15.1. Paragraph IS.2
deals with OWNER's right to terminate services of CON-
TRACfOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUcnON
Owner's Representative:
9.1. ENGINEER will be OWNER's representative during
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the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as. OWNER's
representatlve dunng construcbon are set forth 10 the Qlntract
Docmnents and shall not be extended without written consent
of OWNER and ENGINEER
VISits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe the
progress and quality of the executed Work and to determine,
in general, if the Work is proceeding in accordance with the
Contract Documents. ENGINEER will not be required to
make exhaustive or continuous on-site inspections to check the
quality or quanti~ of the Work. ENGINEER's efforts will be
directed toward providing for OWNER a greater degree of
confidence that the completed Work will conform to the
Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design profes-
sional, ENGINEER will keep OWNER informed of the prog-
ress of the Work and will endeavor to guard OWNER against
defects and deficiencies in the Work.
Project Representation:
9.3. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties, responsibilities and limitationS of authority of any such
Resident Project Representative and assistants will be as
provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWNER at the site who
is not ENGINEER's agent or employee, the duties,
responsibilities and limitations of authority of such other
person will be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
mentS of the Contract Documents (in the form of Drawings or
otherwise) as ENGINEER may determine necessary, which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR
belieVes that a written clarification or interpretation justifies an
increase in the Contract Price or an extension of the Contract
Time and the parties are unable to agree to the amount or
extent thereof, CONTRACTOR may make a claim there for as
provided in Article 11 or Article 12.
Authorized Variations in Work:
9.S. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of the
Contract Documents. These may be accomplished by a Field
Order and will be binding on OWNER, and also on
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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
amoWlt or extent thereof, CONTRACfOR may make a claim
there for as provided in Article 11 or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be dejective. and
will also have authority to require special inspection or testing
of the Work as provided in paragraph 13.9, whether or not the
W or~ is fabricated, installed or completed. .
Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples, see paragraphs 6.23 through 6.29
inclusive.
9.8. In connection with ENGINEER's responsibilities as
to Change Orders, see Articles 10, 11 and 12.
9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment, etc., see Article 14.
Determbrations for Unit Prices:
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CON-'
TRACTOR ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
NEER's written decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless, within ten'days
a.l~er the date of any such decision, either OWNER or CON-
TRACTOR delivers to the other party to the Agreement and
to ENGINEER written notice of intention to appeal from such
a decision.
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Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
. requirements of the Contract Documents and judge of the
. acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract DocU1i1ents
pertaining to the performance and furnishing of the Work and
claims under Articles 11 and 12 in respect of changes in the
Contract"Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance. with this paragraph, which ENGINEER will
render in writing within a reasonable time. Written notice of
eaCh such claim, dispute and other matter will be delivered by
the claimant to ENGINEER and the other 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 ENGINEER and
the other party within sixty day~..after suc~ occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 and 9.11 with
respect to any such claim, dispute or other matter (except any
which have been waived by the making or acceptance of fmal
payment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACfOR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any such claim, dispute or other matter.
Limitations on ENGINEER's Responsibilities:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith either to exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR any Sub-
contractor, any Supplier, or any other person or organization
performing any of the Work, or to any surety for any of them.
9.14. Whenever in the Contract Documents the terms "as
ordered", "as directed". "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives' 'reasonable' " "suitable' " , 'acceptable", , 'proper"
or "satisfactory" or adjectives of like effect or import are used
to describe a requirement, direction, review or judgment cf
ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgment will be solely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wise). The use of any such term or adjective shall not be
effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary to
the provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for CON-
TRACTOR's means, methods, techniques, sequences or pro-
cedures of construction, or the safety precautions and programs
incident thereto, and ENGINEER will not be responsible for
CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents.
9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
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Supplier, or of any other person or organization performing or
furnishing any of the Work.
ARTICLE lO-CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions or revisions in the Work;
these will be authorized by a Written Amendment, a Change
Order, or a Work Directive Change. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
10.2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Change, a claim may be made there for as provided in Article
11 or Article 12
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time with
respect to any Work performed that is not required by the
Contract Documents as amended, modified and supplemented
as provided in paragraphs 3.4 and 3.S, except in the case of an
emergency as provided in paragraph 6.22 and except in the
case of uncovering Work as provided in paragraph 13.9.
10.4. OWNER and CONTRACfOR shall execute appro-
priate Change Orders (or Written Amendments) covering:
10.4.1. changes in the Work which are ordered by
OWN ERpursuant to paragraph 10.1, are required because
of acceptance of deftctive Work under paragraph 13 .13 or
correcting detective Work under paragraph 13.14, or are
agreed to by the parties;
10.4.2. changes in the Contract Price or Contract Time
which are agreed to by the parties; and-
10.4. 3 . changes in the Contract Price or Contract
Time which embody the substance of any written decision
rendered by ENGINEER pursuant to paragraph 9.11;
provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in paragraph
6.29.
10.5. if notice of any change affecting the general scope of
~e 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.
ARTICLE ll-CHANGE OF CONTRACf PRICE
11.1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON-
TRACfOR for performing the Work. All duties, responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any claim for an
increase or decrease in the Contract Price shall be based on
written notice delivered by the party making the claim to the
other party and to ENGINEER promptly (but in no event later
than thirty days) after the occurrence of the event giving rise
to the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct, indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise 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 increase or decrease in the Contract
Price shall be determined in one of the following ways:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by application
ofwtit prices to the quantities of the items involved (subject
to the provisions of paragraphs 11.9.1. through 1 1.9.3,
inclusive).
11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.6.2.1).
11.3.3. On the basis of the Cost of the Work (deter-
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mined as provided in paragraphs 11.4 and i 1.5) plus a
CONTRACTOR's Fee for overhead and profit (determined as
provided in paragraphs 11.6 and 11.7).
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,
SWlday or legal holidays, shall be included in the above to
the extent authorized by OWNER .
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of trans-
portation and storage thereof, and Suppliers' field services
required in '^>nnection >herewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments, in
which case the cash discoWlts shall accrue to OWNER All
trade discounts, rebates and refunds and all returns from
sale of surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions so
that they may be obtained.
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11.4.3. Payments made by CONTRACTOR to the
Subcoritractors for Work performed by Subcontractors. If
required by OWNER, CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine, with the advice of ENGINEER, which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee, the Subcontractor's Cost of the Work
shall be determined in the same manner as CONTRAC-
TOR's Cost of the Work. All subcontracts shall be subject
to the other provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories, sur-
veyors, attorneys and accountants) employed for services
specifically related to the Work.
II.4.S. Supplemental costs including the following:
11.45.1. The proportion of necessary transporta-
tion, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work. .
11.4.5.2. Cost, including transportation and main-
tenance, of all materials, supplies, equipment, machin-
ery, appliances, office and temporary facilities at the
site and hand tools not owned by the workers, which are
consumed in the performance of the Work, and cost less
market value of such items used but not consumed
which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER, and the costs of transportation, loading,
unloading, installation, dismantling and removal
thereof-all in accordance with terms of said rental
agreements. 1be rental of any such equipment, machin-
ery 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 negli-
gence 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 CONfRACTOR
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 S.9), 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
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whose acts any of them may be liable. Such losses shall
include settlements made with the written consent and
approval of OWNER.._. No such . losses, damages and
expenses shall be included in the Cost of the Work for
the purpose of determining CONTRACTOR's Fee. If,
however, any such loss or damage requires
reconstruction and CONTRACTOR is placed in charge
thereot: CONTRAcrOR shall be paid for services a fee
proportionate to that stated in paragraph 11.6.2.
11.4.S.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,
express age 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 for property insurance coverage within
the limits of the deductible amounts established by
OWNER in accordance with paragraph S.9.
11. S. The term Cost of the Work shall not include any of
the following: .
lI.S.I. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of partner-
ship and sole proprietorships), general managers, engineers,
architects, estlmators, attorneys, auditors. accountants,
purchasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by CONTRACTOR
whether at the site or in CONTRACfOR'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 par -a graph HAl or
specifically covered by paragraph 11.4.4..,.,.. all of which are
to be considered administrative costs covered by the
CONTRACTOR's Fee.
11.S.2. Expenses of CONTRACfOR's principal and
branch offices other than CONTRACTOR's office at the ..
site
115.3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRAcrOR'S capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
l1.S.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACfOR is required by
the Contract Documents to purchase and maintain the same
(except for the cost of premiums covered by sub- paragraph
11.4.S.9 above).
I1.S.s. Costs ~ to the n~gence 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. The 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, the CONTRACfOR's Fee shall be fifteen
percent;
11.6.2.2. for costs incurred under paragraph 11.4.3,
. the CONTRACfOR's Fee shall be 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 paragr~phs 11.4.4, 11.45 and
11.5:
11.6.2.4. the amount .of credit to be allowed by
CONTRACTOR to OWNER for any such change
which results in a net decrease in cost will be the
amount of the actual nefdecrease plus a deduction in
CONTRACTOR's Fee by an amount equal to ten
percent of the net decrease: and
11.6.2.S. when both additions and credits are
involved in any one change, the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4. inclusive.
11.7. Whenever the cost of any Work is to be determined
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pursuant to paragraph 11.4 or 11.5, CONTRACfOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data
Cash Allowances:
11.8. It is Wlderstood 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 ENGINEER.
CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of mate-
rials and equipment required by the allowances to be deliv-
ered at the site, and all applicable taxes: and
11. 8.2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs>> overhead,
profit and other expenses contemplate4 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 ENGINEER to reflect actual .
amoWlts due CONfRACfOR 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 Cle establi:;:ied wtit
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 detenninini an initial
Contract Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
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11.9.2. Each wtit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sep-
arately identified item.
11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially and
significantly from the estimated quantity of such item.
indicated in the Agreement and there is no corresponding
adjustmeiit with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred., additionaL expense as a result thereof, CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Article 11 if the parties are
unable to agree as to the amount of any such increase.
ARTICLE 12-CHANGE OF CONTRACf TIME
12.1. The Contract Time may only be changed by a
Change Order or a Written Amendment. Any claim for an
extension or shortening of the Contract Time shall be based on
written notice delivered by the party making the claim to the
other party and to ENGINEER promptly (but in no event later
than thirty days) after the occurrence of the event giving rise
to the claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
. NEER allows an additional period of time to ascertain more
accurate data in, support of the claim) and shall be accom-
panied by the claimant's written statement that the adjustment
claimed is the entire adjustment to which the claimant has
reason to believe it is entitled as a result of the occurrence of
said event. All claims for adjustment in the Contract Time 24
shall be determined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment in the Contract Time will be
valid if not submitted in accordance with the requirements of
this Paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made there for as provided in para-
graph 12.1. Such delays shall incluJ~, k: liot ~~ limited to,
acts or neglect by OWNER or others performing additional
work as contemplated by Article 7, or to fires, floods, labor
disputes, epidemics, abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents are
of the essence of the Agreement. The provisions of this Article
12 shall not exclude recovery for damages (including but not
limited to fees and charges of engineers, architects, attorneys
and other professionals and court and arbitration costs) for
delay by either party.
ARTICLE 13-W ARRANTY AND GUARANTEE;
TESTS AND INSPECITONS;
CORRECITON, REMOVAL OR
ACCEPTANCE OF DEFECfIVE WORK
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Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accordance
with the Contract Documents and will not be defective. Prompt
notice of all defects shall be given to CONTRACfOR. All
defective Work, whether or not in place, may be rejected,
corrected or accepted as provided in this Article 13 .
Access to Work:
13.2. ENGINEER and ENGINEER's representatives, other
representatives of OWNER, testing agencies and governmental
agencies with jurisdictional interests will have access to the
Work at reasonable times for their observation, inspecting and
testing. CONTRACTOR shall provide proper and safe
conditions for such access.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals .
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) to specifically
be inspected, tested or approved. CONTRACfOR shall
assume full responsibility there for, pay all costs in connection
therewith and furnish ENGINEER the required certificates of
inspection, testing or approval. CONTRACTOR shall also be
responsible for and shall pay all costs in connection with any
inspection or testing required in connection with OWNER's or
ENGINEER's acceptance of a Supplier of materials or
equipment proposed to be incorporated in the Work, or of
materials or equipment submitted for approval prior to CON-
TRACTOR's purchase thereof for incorporation in the Work.
The cost of all inspections, tests and approvals in addition to
tilt: above which are required by the Contract Documents shall
be paid by OWNER (unless otherwise specified).
13 .5. All inspections, tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable to
OWNER and CONTRACTOR (or by ENGINEER if so
specified) .
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13.6. If any Work (including the work of others) that is to
be inspected, tested or approved is covered without written
concurrence of ENGINEER, it must, if requested by ENGI-
NEER, be uncovered for observation. Such uncovering shall
be at CONTRACTOR's expense unless CONTRACfOR has
given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
13.7. Neither observations by ENGINEER nor inspec-
tions, tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACfOR's obligations to perform the Work
in accordance with the Contract Documents.
Uncovering Work:
13.8. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by ENGINEER,
be uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's request,
shall uncover, expose or otherwise make available for
observation, inspection or testing as ENGINEER 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, indirect and
consequential costs of such Wlcovering, exposure, observation,
inspection and testing and of satisfactory reconstruction,
(including but not limited to fees and charges of engineers,
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
thereot: may make a claim there for as provided in Article 11.
If, however, such Work is not found to be defective,
CONfRACfOR 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 there for as provided in
Articles 11 and 12.
Owner May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fai~:;
to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such a
way that the completed Work will coiuorm to the Contract
Docwnents, OWNER may order CONTRACfOR to stop the
Work, or any portion thereot: Wltil 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.
Correction or Removal of Defective Work:
13.11. Ifrequired by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct aU defective Work,
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with non defective Work. CONTRACTOR
shall bear all direct, indirect and ccinsequential costs of such
correction or removal (including but not limited to fees and
charges of engineers, architects, attorneys and other profes-
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sionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be prescribed
by Laws or RegUlations or by the terms of any applicable
special guarantee required by the Contract Documents or by
any specific provision of the Contract Documents, any Work
is fo~d to be defective, CONTRACfOR. 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 CONTRACfOR does
not promptly comply with the terms of such instructions, or in
an emergency where delay would cause serious risk of loss or
damage, OWNER may have the defective Work corrected or
the rejected Work removed and replaced, and all direct,
indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals) will be
paid by CONTRACTOR In special circumstances where a
particular item of equipment is placed in continuous service
before Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if so
provided in the Specifications or by Written Amendment.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment, also
ENGINEER) prefers to accept it, OWNER may do so. CON-
TRACTOR shall bear all direct, indirect and consequential
costs attributable to OWNER's evaluation of and determi-
nation to accept such defective Work (such costs to be
appruvoo by ENGINEER as to reasonableness and to indude
but not be limited to fees and charges of engineers, architects,
attorneys and other professionals). If any such acceptance
occurs prior to ENGINEER's recommendation of final
payment, a Change Order will be issued incorporating the
necessary revisions in the Contract Documents With respect to
the Work; and OWNER shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties. are unable to
agree as to the amount thereof, O~R may make a claim
there for as provided in Article 11. If the acceptance occurs
after such recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER
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OWNER May Co"ect Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11, or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents, or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may, after seven days' written
notice to CONTRACfOR, 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 CONTRACfOR 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
CONTRACfOR'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 OWN
ER has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's represen-
tatives, agents and employees such access to the site as may be
necessary to enable OWNER to exercise 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
amoWlt approved as to reasonableness by ENGINEER, and a
Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof, OWNER may make a claim there for 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 and arbitration costs and all costs of repair and
replacement of work of others destroyed or damaged by
correction, removai or replacement of CONTRACTOR's
defective Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in per-
formance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
ARTICLE 14-PA YMENTS TO CONTRACTOR AND
COMPLETION
Schedule ofVa/ues:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve.as the basis for progress payments
and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment:
14.2. At least twenty days before each progress payment is
scheduled (but not more often than once a month), CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
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and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested
on the basis of materials and equipment not incorporated in the
Work but delivered and suitably stored at the site or at another
location agreed to in writing, the Application for Payment shall
also be accompanied by. a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all liens, charges,
security interests and encumbrances (which are hereinafter in
these General Conditions referred to as "Liens") and evidence
that the materials and equipment ~ covered by appropriate
property insurance and other arrangements to protect
OWNEF:s interest therein, all of which will be satisfactory to
OWNER. The amount of retain age with respect to progress
payments will be as stipulated in the Agreement.
CONTRACTOR's Wa"anty ofTule:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any Appli-
cation for Payment, whether incorporated in the Project or not,
will pass to OWNER no later than the time of payment free
"and clear of all Liens.
Review of Applications for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case, CONTRACTOR may
make the necessary corrections and resubmit the Application.
Ten days after presentation of the Application for Payment
with ENGINEER's recommendation, the amotmt recommended
will (subject to the provisions of the last sentence of paragraph
14.7) become dUt; and when due will be paid by OWNER to
CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on ENGI-
NEER's on-site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
, NEER's review of the Application for Payment and the .
accompanying data and schedules that the Work has pro-
gressed to the point indicated; that, to the best of ENGINEER's
knowledge, information and belief, the quality of the Work is
in accordance with the Contract Documents (subject to an
evaluation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent tests
called for in the Contract Documents, to a fmal 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 ENGINEER will not thereby
be deemed to have represented that exhaustive or continuous
on-site inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities specifically
assigned to ENGINEER in the Contract Documents or that
there 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. ENGINEER's recommendation offinal payment will
constitute an additional representation by ENGINEER to
OWNER that the conditions precedent to CONTRACTOR's
being entitled to fmal payment as set forth in paragraph 14.13
have been fulfilled.
14.7. ENGINEER may refuse to recommend the whole or
any part of any payment if, in ENGINEER's opinion, it would
be incorrect to make such representations to OWNER
ENGINEER may also refuse to recommend any such 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 ENGINEER'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 ENGINEER's actual knowledge of the
occurrence of any of the events enumerated in paragraphs
IS.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because claims have been made
against OWNER on account of CONTRACTOR's per-
formance or furnishing of the Work or Liens have been filed in
connection with the Work or there are other items entitlirig
OWNER to a set-off against the amount recommended, but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for such
action.
Substantial Completion:
14.8. When CONTRACTOR ~nsiders the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
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CONTRACTOR as incomplete) and request that ENGINEER
issue a certificate of Substantial Completion. Within a
reasonable time thereafter, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. If ENGINEER does not con-
sider the Work substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons there for. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or corrected
before final payment. OWNER shall have seven days after
receipt of the tentative certificate during which to make written
objection to ENGINEER as to any provisions of the certificate
or attached list. If, after considering such objections,
ENGINEER concludes. that the Work is not substantially
complete, ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons there for. If,
after consideration of OWNER's objections, ENGINEER
considers the Work substantially complete, ENGINEER will
within said fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be com-
pleted or corrected) reflecting such changes from the tentative
certificate as ENGINEER believes justified after consideration .
of any objections from OWNER At the time of delivery of the
tentative certificate of Substantial Completion ENGINEER
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 otheiwise in y.-. iting and so inform
ENGINEER prior to ENGINEER's issuing the definitive
certificate of Substantial Completion, ENGINEER's aforesaid
recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to exclude CON-
TRACfOR from the Work after the date of Substantial Com-
pletion, bl1t OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative iist.
Partial Utilization:
14.10. Use by OWNER of any finished part of the Work,
which has specifically been identified in the Contract Docu-
ments, or which OWNER, ENGINEER and CONTRACTOR
agree constitutes a separately functioning and use able part of
the Work that can be used by OWNER 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 follow-
mg:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees, CONTRACTOR will certify to OWN
ER and ENGINEER that said part of the Work is
substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that part of the
Work. CONTRACTOR at any time may notify OWNER
and ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that part of the
Work. Within a reasonable time after either such request,
OWNER, CONTRACTOR and ENGINEER shall make an
inspection of that part of the Work to determine its status of
completion. If ENGINEER does not consider that part of
the Work to be substantially complete, ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons there for. If ENGINEER co~iders that part of the
Work to be substantially complete, the provisions of para-
graphs 14.8 and 14.9will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto .
14.10.2. OWNER may at any time request CON-
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be sent
to ENGINEER and within a reasonable time thereafter
OWNER, CONfRACTOR and ENGINEER shall make an
inspection of that part of the Work to determine its status of
. completion and will prepare a list of the items remaining to
be completed or corrected thereon before final payment. If
CONTRACTOR does not object in writing to OWNER
and ENGINEER that such part of the Work is not ready for
separate operation by OWNER, ENGINEER will finalize
the list of items to be completed or corrected and will
deliver such list to OWNER and CONTRACTOR together
with a written recommendation as to ,the diyision 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
ENGINEER). During such operation and prior to
Substantial Completion of such part of the Work, OWNER
shall allow CONTRACTOR reasonable access to complete
or correct items on said list and to complete other related
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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
msurance .
FmalInspeaion: .
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete, ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or 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 aij such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instructiODs, schedules, guarantees,
Bonds, certificates of inspection, marked-up record documents
(as provided in paragraph 6.19) and other documents--all as
required by the Contract Documents, and after ENGINEER
has indicated that the Work is acceptable (subject to the
provisions of paragraph 14.16), CONTRACTOR may make
application for final payment following the procedure for
progress payments. The final Application for Payment shall be
accompanied by all documentation called for in the Contract
Documents, together with complete and legally effective
releases or waivers (satisfactory to OWNER) of all Liens
arising out of or filed in connection with the Work. In lieu
thereof and as approved by OWNER, CONTRACTOR may
furnish receipts or releases in full; an affidavit of CON-
TRACTOR that the releases and receipts i.'1clude all labor,
services, material and equipment for which a Lien could be
filed, and that all payrolls, material and equipment bills. and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be respon-
sible, have been paid or otherwise satisfied; and consent of the
surety, if any, to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full, CON-
TRACTOR may furnish a Bond or other collateral satisfactory
to OWNER to indemnify OWNER against any Lien.
Final Payment and Acceptance:
14.13. It: on the basis of ENGINEER's observation of the
Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment and
accompanying documentation--all as required by the Contract
Documents, ENGINEER is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the
Contract Documents have been fulfilled, ENGINEER will,
within ten days after receipt of the fmal Application for
Payment, indicate in writing ENGINEER's recommen4ation of
payment and present the Application to OWNER for payinent
Thereupon ENGINEER will give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject to the
provisions of paragraph 14.16. Otherwise, ENGINEER will
return the Application to CONTRACTOR, indicating in
writing the reasons for refusing to recommend final payment,
in which case CONTRACTOR shall make the necessary
corrections and resubmit the Application. Thirty days after
presentation to OWNER of the Application and accompanying
documentation, in appropriate form and substance, and with
ENGINEER's recommendation and notice of acceptability, the
amount recommended by ENGINEER will become due and
will be paid by OWNER to CONTRACTOR.
14.14. It: through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delayed and if ENGINEER
so confirms, OWNER shall, upon receipt of CONTRACTOR's
fmal Application for Payment and recommendation of
ENGINEER, 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 retain age stipulated in the Agreement, and if Bonds
have been furnished as required in paragraph S.l, 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 ENGINEER with the
Application for such payment. Such payment shall be made
Wlder the terms and conditions governing final payment, except
. that it shall not constitute a waiver of claims.
Contraaor's Continuing Ohligation:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance "ith th~ Omtr;>~~ Documents
shall be absolute. Neither recommendation of any progress or
final payment by ENGINEER, nor the issuance of a certificate
of Substantial Completion, nor any payment by OWNER to
CONTRACTOR under the Contract Documents, nor any use
or occupancy of the Work or any part thereofby OWNER, nor
any act of acceptance by OWNER nor any failure to do so, nor
any review and approval of a Shop Drawing or sample
submission, nor the issuance of a notice of acceptability by
ENGINEER pursuant to paragraph 14.13, nor any correctlon
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:
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14.16.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from unsettled
Liens, from defective Work appearing after [mal inspection
pursuant to paragraph 14.1 1 or from failure to comply with
the Contract Documents or the terms of any special
guarantees specified therein; however, it will not constitute
a waiver by OWNER of any rights in respect of
CONTRACTOR's continuing obligations under the Con-
tract Documents; and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE 1S-SUSPENSION OF- WORK AND
TERMINATION
Owner May Suspend Work:
15.1. OWNER may, at any time and without cause, sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed CONTRACTOR shall resume the Work on the date
so fixed CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time, or both,
directly attributable to any suspension if CONTRACTOR
makes an approved claim there for as provided in Articles 11
and 12.
Gwr,er May Terminate:
.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 tiled against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of ruing, or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law u1
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;
15.25. if CONTRACTOR admits in writing an inabi-
lity to pay its debts generally as they become due:
15.2.6. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time);
lS.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract nOCu1'T'ent~:
OWNER may, after giving CONTRACTOR (and the surety,
if there be one) seven days' written potice 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 mtil the Wark is finished If the unpaid balance of the
Contract Price exceeds the direct, indirect and consequential
costs of completing the Work (including but not limited to fees
and charges of engineers, architects, attorneys and other
professionals and court and arbitration costs) such excess will
2S
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be paid to CONTRACTOR If such costs exceed such unpaid
balance, CONTRACTOR shall pay the difference to OWNER
Such costs incurred by OWNER will be approved as to
reasonableness by ENGINEER and inCorporated in:a Change
Order, but when exercising any rights or remedies under this
paragraph OWNER shall not be required to obtain the lowest
price for the Work performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will not
release CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRACTOR
and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy, elect to abandon the
Work and terminate the Agreement In such case.
CONTRACTOR shall be paid for all Wark executed and any
expense sustained plus reasonable termination expenses, which
will include, but not be limited to, direct, indirect and con-
sequential costs (including, but not limited to, fees and charges
of engineers, architects, attorneys and other professionals and
court and arbitration costs).
Contractor May Stop Work or Terminate:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWN ER or under an order of court or other public authority,.
or ENGINEER fails to act on any Application for Payment
within thirty days after' it is submitted, or OWNER fails for
. thirty days to pay CONTRACTOR any sum finally determined
to be due, then CONTRAcrOR may, upon seven days' written
notice to OWNER and ENGINEE~'terminate the Agreement
and recover ftcm OWNER payment for all Work executed and
any expense sustained plus reasonable termination expenses.
In addition and in lieu of terminating the Agreement, if
ENGINEER has failed to act on an Application for Payment
or OWNER has failed to make any payment as aforesaid,
CONTRAcrOR may upon seven days' written notice to
OWNER and ENGINEER stop the Work until payment of all
amounts then due. The provisions of this paragraph shall not
relieve CONTRACTOR of the obligations under paragraph
6.29 to carry on the Work in accordance with the progress
schedule and without delay during disputes and disagreements
with OWNER
['Ibe remainder of this page was left blank
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26 P1LE:H:\ACCI'CICONTRAC'I\MASl'ERSI 191 0.8
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ARTICLE 16-ARBITRA nON
16.1. 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
(except for claims which have been waived by the making or
acceptance of final payment as provided by paragraph 14.16)
will be decided by arbitration in accordance with the Con-
struction Industry Arbitration Rules of the American Arbi-
tration Association then obtaining subject to the limitations of
this Article 16. This agreement so ~o arbitrate and any other
agreement or consent to arbitrate entered into in accordance.
herewith as provided in this Article 16 will be specifically
enforceable under the prevailing law of any court having
jurisdiction.
16.2. No demand for arbitration of any cl~ dispute or
other matter that is required to be referred to ENGINEER
initially for decision in accordance with paragraph 9.11 will be
made Wltil the earlier of (a) the date on which ENGINEER has
rendered a decision or (b) the tenth day after the parties have
presented their evidence to ENGINEER if a written decision
has not been rendered by ENGINEER before that date. No
demand for arbitration of any such cl~ dispute or other
matter will be made later than thirty days after the date on
which ENGINEER has rendered a written decision in respect
thereofin accordance with paragraph 9.11; and the failure to
demand arbitration within said thirty days' period shall result
in ENGINEER's decision being final and binding upon
OWNER and CONTRACTOR If ENGINEER renders a
decision after arbitration proceedings have been initiated, such
decision may be entered as evidence but will not supersede the
arbitration pr~gs, except where the decision is
acceptable to the parties concerned. No demand for arbitration
of any written decision of ENGINEER rendered in accordance
with paragraph 9.10 will be made later than telf days after the
party making such demand has delivered written notice of
intention to appeal as provided in paragraph 9.10.
16.3. Notice of the demand for arbitration will be filed in
writing with the other party to the Agreement and with the
American Arbitration Association, and a copy will be sent to
ENGINEER for information. The demand for arbitration will
be made within the thirty-day or ten-day period specified in
paragraph 16.2 as applicable, and in all other cases within a
reasonable time after the claim, dispute or other matter in
question has arisen, and in no event shall any such demand be
made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the applicable statute of limi-
tations .
16.4. No arbitration arising out of or relating to the Con-
tract Documents shall include by consolidation, joinder or in
any other manner any other person or entity (including
ENGINEER, ENGINEER's agents, employees or consultants)
who is not a party to this contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among those
who are already parties to the arbitration,
16.4.2. such other person or entity is substantially
involved in a question of law or fact which is common to
those who are already parties to the arbitration and which
will arise in such proceedings, and
16.4.3. the written consent of the other person or entity
sought to be included and of OWNER and CONTRAC-
TOR has been obtained for such inclusion, which consent
shall make specific reference to this paragraph; but no such
consent shall cOnstitute consent to arbitration of any dispute
not specifically described in such consent or to arbitration
with any party not specifically identified in such consent
16.5. The award rendered by the arbitrators will be final,
judgment may be entered upon it in any court having juris-
diction thereof, and will not be subject to modification or
appeal except to the extent permitted by Sections 10 and 11 of
the Fed~al Arbitration Act (9 U.S..C. 10,11).
[The remainder of this page was left blank intentionally.]
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ARTICLE 17-NOSCELLANEOUS
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 Or Tune:
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
. SWlday 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 CONTRACfOR 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 will be made in writing to the other party
within a reasonable time of the first observance of such injury
or damage. The provisions of this paragraph 17.3 shall not be
construed as a substitute for or a waiver of the provisions of
any applicable statute oflimitations 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
CONTRACfORbyparagraphs 6.30,13.1,13.12,13.14,14.3
and 15.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder, are in addition to, and
are not to be co~ 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
Docmnents in connection with each particular duty, obligation,
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
AgrC<?IDent
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SUPPLEMENTARY GENERAL CONDITIONS
.1.<;
1.
These supplementary conditions amend or supplement the Standard General Conditions of
the Construction Contract and other provisions of the Contract Documents as indicated
below. All provisions which are not so amended or supplemented remain in full force and
effect.
2.
The terms used in the supplementary condition which are defined in the Standard General
Conditions to the Construction Contract have the meanings assigned to them in the General
Conditions.
3.
Amend Article I Definitions under "Owner" as follows:
ADD: The Owner in all instances shall be Augusta-Richmond County Commissioners. The
Owner shall also be defined to il1clude the Board of Regents of the University System of
Georgia regarding matters of ownership of tank and land and insurance coverage.
4,
Amend first sentence of paragraph 2.2.
Owner shall furnish to Contractor up to five (5) copies, . .
5.
Revise paragraph 2.7.
Before any work at the site is started, CONTRACTOR shall deliver to OWNER,
with a copy to ENGINEER, certificates ( and other evidence of insurance requested
by OWNER) which CONTRACTOR is required to purchase and maintain in
accordance with paragraphs 5.3 and 5.4,
6,
Amend paragraph 4.2.1
,/
Add: Soil boring and lead testing results reports are available for viewing at the
office of Johnson, Laschober & Associates with the permission of the Owner.
The subsurface information was obtained for use in an adjacent project and
is not part of the Contract Documents.
The subsurface information is available for Contractor's information, but is
not a warranty of subsurface conditions, neither does it warrant conditions
between or beyond borings, nor will the Owner or his consultants be held
responsible for accuracy of the information.
Conditions between boring locations may vary.
7,
The limits ofliability for the insurance required by paragraph 5.3 of the General Conditions
shall provide coverage for not less than the following amounts or greater where required by
Laws and Regulations:.
1
FI LEIK:'.41702' Am IIN'SP ECSISUPL.CON
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a,
Policies, Certificates, Limits and Disposition of Documents. - The Contractor shall
obtain at his expense insurance with limits as shown hereinbelow unless the
Contractor desires to broaden the limits and obtain more protection.
[1] OWNER'S PROTECTIVE LIABILITY INSURANCE - Taken out in name
of the owner as insured. (See Invitation to Bid for exact legal name of
owner. )
Bodily injury, including death -limits. of one million dollars for each person
and two million dollars for each accident.
Proper~v damage - limits of five hundred thousand dollars for each accident
and one million dollars for the aggregate of operations,
DISPOSITION: Original policy must be deposited with owner prior to
commencement of work.
[2] CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE - Taken out
in the name of the Contractor.
Bodily injury, including death -limits of one million dollars for each person
and two million dollars for each accident.
Proper~v damage - limits of five hundred thousand dollars for each accident
and one million dollars for the aggregate of operations.
DISPOSITION: Certificate of insurance must be sent to Owner prior to
commencement of work.
[3] CONTRACTOR'S PUBLIC LIABILITY INSURANCE - Taken out in the
name of the Contractor.
Bodily injury, including death -limits of one million dollars for each person
and two million dollars for each accident.
Proper~v damage - limits of five hundred thousand dollars for each accident
and one million dollars for the aggregate of operations,
DISPOSITION: Certificate of insurance must be sent to Owner prior to
commencement of work.
[4] BUILDER'S RISK INSURANCE - Payable to the Contractor and Owner, as
their interests may appear, upon the entire structure and upon all materials in
or adjacent thereto which are to be made a part of the insured structure to
100% of the insurable value thereof covering fire, extended coverage,
vandalis.m and malicious mischief.
DISPOSITION: . Original policy must be deposited with Owner prior to
commencement of work.
b.
Acceptability of Insurers to Owner. - No insurance will be acceptable unless written
by a company licensed by the State Insurance Commissioner to do business in
Georgia at the time .the policy is issued, and the company must in addition be
acceptable to the Owner. To avoid inconvenience, any general contractor or
subcontractor must get in touch with the Owner to determine whether the insurance
company or companies he expects to use is or are acceptable to the Owner. All
policies and certificates must be signed or countersigned, as the case may be, by
resident Georgia agents.
2
FILEIK:142702IADMINlSPECSlSUPL.CON
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c, Termination of Obligation to Insure. - Unless otherwise expressly provided to the
contrary, the obligation to insure as prescribed herein shall not terminate until the
Engineer shall have executed the final certificate.
d. Contractor shall purchase and maintain during the full course of construction "All
Risk" Builder's Risk Insurance coverage which names the Contractor, Owner and
Engineer as co-insured.
e. Contractor shall maintain insurance on work he' performs within "battery limits".
8.
Add to paragraph 13.3
The OWNER will select the TESTING AGENCY for the PROJECT. The
CONTRACTOR shall pay the TESTING AGENCY for services rendered in
connection with the PROJECT from the Allowance set forth in the BID FORM.
Contractor may not markup TESTING AGENCY'S bills. TESTING AGENCY'S
invoices to the CONTRACTOR shall be submitted with the CONTRACTOR'S Pay
Request and correlated to the Pay Request line item'Testing Allowance, Contractor
shall also submit a WAIVER OF LIEN for all prior months billings by TESTING
AGENCY as well as all other SUBCONTRACTORS.
9.
Delete ARTICLE 16:
3
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ST ANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of .
in the year 1997 by and between Augusta - Richmond County Board of Commissioners
(hereinafter called OWNER) and
Hudgins Special Services, Inc.
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
Elevated Storage Tank Removal. at Augusta State University
Augusta-Richmond County, GA
Article 2. ENGINEER.
The Project has been designed by Johnson, ~aschober & Associates, P.e.
1296 Broad Street
Augusta, Ga. 30901
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all
duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract Documents:
Article 3. CONTRACT TIME.
3.1. The Work will be substantially completed on or before , 1997,30 days after
notice to proceed issued on or before , 1997, and completed and ready for final
payment in accordanc~ with paragraph 14.13 of the General Conditions on or before
--,1997.
3.2.- 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times, specified in paragraph 3,1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and diffJculties involved in proving in a legal or arbitration proceeding the
actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead
of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages
FILE: K\42702\ADMIN\SPECS\ 191 O.SA I
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for delay (but not asapenalty)'CONTRACTORshall pay OWNER fifty; dollars ($50.00) for
each day that expires after the time specified in paragraph 3.1 for Substantial Completion until
the Work is substantially complete, After Substantial Completion if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OwNER fifty dollars
($50.00) for each day that expires after the time specified in paragraph 3. I for completion and
readiness for final payment.
;.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with
the Contract Documents in current funds as follows:
Base Bid Contract Price $74,648.00
The Contract Price shall be adjusted based on actual testing agency costs and based on
unit prices for disposal of hazardous waste if waste materials are classified as hazardous.
waste.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article .14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1. Progress Paynients. OWNER shall make progress payments on account of the Contract
Price on the basis of CONTRACTOR's Applications .for Payment as recommended by
ENGINEER, on or about the 25th day of each month during construction as provided below.
All progress payritents' will be on the basis of the progress of the Work measured by the
schedule of values established in paragraph 2.9 of the General COflditions (and in the case of
Unit Price Work based on the number of units completed) or, in the event there is no schedule
of values, as provided in the General Requirements. .
5. 1.1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicateci below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine; or OWNER may
withhold, in accordance with' paragraph 14.7 of the General Conditions. '0'
10 % of Work completed. If Work has been 50% completed as determined by
ENGINEER, and if the character and progress of the Work have been satisfactory
to OWNER and ENGINEER, OWNER on recommendation, of ENGINEER, may
determine that as long as the character and progress of the Work remain
satisfactory to them, the're will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100~ of the ,Work completed.
2
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5.1.2. Upori~'SuDstantial Completion, in an amount sufficient to'increase'total payments-'
to CONTRACTOR to 95 % of the Contract Price, less such amounts as ENGINEER
shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions.
5.2. Final Payment. Upon final completion and acceptance .of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price
as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6, INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest
at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has -familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any
manner may affect cost, progress, performance or furnishing of the Work.
7.2, CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the deteIlllination
set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical, data
contained in such reports and drawings upon which CONTRACTOR is entitled to reply. ..
7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in
addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurf~ce or
physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance
or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishiJlg of
the Work at the Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 qf the
General Conditions; and no additional examinations, investigations, explorations, tests, reports, s~dies
or similai-information or data are or will be required by CONTRACTOR for such purposes.
7.4. CONTRACTOR has reviewed and checked all information and data sho\\11 or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the site and
assumes responsibility for the accurate location of said UndergroUnd Facilities. No additional examina-
tions, investigations, explorations, tests, reports, studies or similar information or data in respeCt of said
Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the
Work at the Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specificaIJy the provisions of paragraph 4.3 of the
General Conditipns.
7,5. CONTRACTOR has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms' and conditions of the Contract Documents.
3
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7.6. CONTRACTORIi'aS giveiiENGlNEER writteii'notice of all conflicts,. errors or'aiscrepanci~s that
he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is
acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8. I. This Agreement (pages 1 to 6, inclusive).
8.2. Exhibits to this Agreement (None)
8.3. Perfonnance and other Bonds
8.4. Notice of Award.
8.5. General Conditions (pages 1 to 28 inclusive) .
8.6. Supplementary Conditions (pages 1 to 3, inclusive).
8.7. Specifications bearing the title and consisting of 2 divisions and 35 pages, as listed in table of contents
thereof .
8.8. Drawings (None)
8.9. Addenda number One
8.10. CONTRACTOR's Bid (pages B-1 through B-5~ inclusive)
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (None).
8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are
not attached hereto: All Written Amendments and other documents amending, m<><lifYing, or supple-
menting the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions.
8.13. The documents listed in paragraphs 8,2 et seq. above are attached to this Agreement (except as
expressly noted .otherwise above).
There are no Contract Documents other than those Ilsted above in this Article 8. The Contract Documents may
only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are dermed in Article I of the General Conditions will have the
meanings indicated in the General.Conditions,
9.2, No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation moneys that may become due and moneys that are due may not be
assigned without such ccinsent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment no assignment
I will release or discharge the assignor from any duty or responsibility under the Contract Documents,
4
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9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns'and legal represen- ,.
tatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all
covenants, agreements and obligations contained in the Contract Documents.
Article 10. OTHER PROVISIONS.
10.1 GEORGIA PROMPT PAY ACT
This agreement is intended by the parties to, and does, supersede any .md all provisions of the
Georgia Prompt Pay Act, O.c.G.A. ~ 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provisions of this
Agreement shall control.
10.2 CONSENT TO JURISDICTION
All claims, disputes and other matters in question between the OWNER and the
CONTRACTOR arising out of or related to the Agreement, or the breach thereof, shall be
decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this
Agreement, specifically consents to venue in Richmond County and waives any right to contest.
. the venue in the Superior Court of Richmond County, Georgia.
10.3 RETAINAGE
Notwithstanding any provision of the law to the contr.ary, the parties agree that no interest shall
be due CONTRACTOR on any sum held as retainage pursuant to this Agreement and .
CONTRACTOR specifically waives any claim to same. -
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on
their behalf
5
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This Agreement will be effective 'on May I, 1997.
OWNER:
BY
Attest
CONTRACTOR
Hud~ Soecial Services. Inc.
640 North Avenue. N.W,
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"'A~~t'::'~~
Address for giving notices
-P. 0 .Go~ C133~~
i1i-\arl-h.:, G A 303"71
License No. ~ \ A
Agent for service of process:
6
This document approved as to
legai sufficiency and form.
-~ ..rM7
7fl~W-~:;;i I a e
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/
NOTICE OF AWARD
Dated: April 16, 1997
TO: Hudgjn~ Special Services
(Bidder)
ADDRESS: 640 North Avenue, N.W
Atlanta, Georgia 30318
ATm. Dennis G. Trout
PROJECT: Elevated Storage Tank Removal at Augusta State University
ENGINEER'S PROJECT NO: 42 702
CONTRACT FOR Elevated Storage Tank Removal at Augusta State University
Bid Item #97-030
- - - - - - - - - - - - - - - - - - - - - - -
You are notified that your Bid dated March 20, 1997, for the above Contract has been considered.
You are the apparent successful bidder and have been awarde~ a contract for Elevated Storage Tank
Removal, at Augm;ta State University, Bid Item #97-030. ~
The Contract Price of your contract is Seventy-four Thousand, Six-Hundred Forty Eight Dollars
and No Cents ($ 74,648.00).
Five (5) copies of each of the proposed Contract Documents ':Vill be separately made available to you
immediately.
You must comply with the following conditions precedent. within fifteen days of the date of this
Notice of Award, that is by May 1, 1997.
1. You must deliver to the OWNER five (5) fully executed counterparts of the Agreement
including all the Contract Documents. Each of the Contract Documents must bear your
signature on the cover of the specifications.
FlLE:\K:\42102\ADMIN\SPECS\ 19\ O. 22
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2. You must deliver with the executed Agreement the Contract Security (Bonds) and insurance
certificates as specified in the Instructions to Bidders (paragraph 15), General Conditions
(Article 5) and Supplementary Conditions (paragraph 7).
General Contractors of America.
3. (List other conditions precedent).
Please provide preliminary construction schedule based on assumed Notice to Proceed Date of
May 5, 1997. -
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your bid abandoned, to annuL this Notice of A ward and to declare your Bi? Security forfeited.
Within ten days after you comply with those conditions, OWNER will :return to you one fully
signed counterpart of the Agreement with..the Contract Documents attached. ..
Augusta-Richmond County Commission
(OWNER)
By ~ 0.1-
(AUTHORIZED SIGNA )U;
President, Johnson, Laschober & Associates
(TITLE)
Copy to Patrick Dillard, Augusta-Richmond County Utilities Dep~ent
F1LE:IK :\42702IADMlN\SPECS\ 191 0.22
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NOTICE TO PROCEED
Dated
TO:
(Contractor)
ADDRESS:
PROJECT Elevated Storage Tank Removal
ENGINEER'S PROJECT NO.
42 702
CONTRACT FOR Elevated Storage Tank Removal at Augusta State University
Augusta - Richmond County, GA
(lnser11l1D1e ofConlrac1as it Ilj)pelIIS in the BiddinR Docurn<nls)
You are notified that the Contract Time under the above contract will commence to run on
. By that date, you are to start performing your obligations under the Contract
Documents. In accordance with Article 3 of the Agreement the dates of Substantial Completion and
Final Completion are and
respectively.
Before you may start any Work at the site, paragraph 2.7 of the General Conditions provides that
you and Owner must each deliver to the other (with copies to ENGINEER) certificates of insurance
which each is required to purchase and maintain in accordance with the Contract Documents.
Also before you may start any Work at the site, you must
(ad~ other requirement';)
Copy to ENGINEER
(Use Certified Mail,
: Return Receipt Requested)
(OWNER)
By
(AUTHORIZED SIGNATURE)
(TITLE)
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APPLICA TION FOR PAYMENT NO.
To
Augusta-Richmond County Board of Commissioners
(OWNER)
Contract for Elevated Storage Tank Removal
ENGINEER's Project No.
42,702
For Work accomplished through the date of
ITEM CONTRACTOR's Schedule of Values Work Completed
Unit Price Quantity Amount Quantity Amount
$ $ $
Total $ $
(Orig. Contract)
C.O.No.l
C. O. No.2
Accompanying Documentation:
GROSS AMOUNT DUE .............
LESS % RET AINAGE .............
AMOUNT DUE TO DATE ...........
LESS PREVIOUS PAYMENTS .......
AMOUNT DUE THIS APPLICATION..
$
$
$
$
$
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that (1) all previous progress pa}'ments received from OWNER on account
of Work done under the Contract referred to above have been applied to discharge in full all obligations of
CONTRACTOR fincurred in connection with Work covered by prior Applications for Payment numbered I through
inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise listed in or
covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER).
Dated
Contractor
By
Payment of the above AMOUNT DUE TillS APPLICATION is recommended.
Dated
JOHNSON LASCHOBER & ASSOCIATES P.C
Engineer
By
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APPLICATION FOR PAYMENT
INSTRUCTIONS
A. GENERAL INFORMATION
This standard form is int~nded as a guide only. Mariy' projects require a much more e:-,..t~nsive form with space for
numerous items, descriptions of Change Orders, idenhfication of variable quantity adjustments, summary of materials
and equipment stored at th~ site and other information, It is exp~cted that a s~parate form will be developed by Engineer
or Contractor at the time Contractor's Schedule of Values is finalized. Note also that the format for retain age must be
changed if th~ Agreement p~lmits (or the Law provides), and Contractor elects, the deposit of securities in Ii~u of retain
age. Refer to Article 14 of the General ConditionsJor provisions concerning payments to Contractor.
B. COMPLETlllJG THE FORM
Th~ Sch~dule of Values, submitted and approved as provided in paragraphs 2.6.3 and 2.9 of the General Conditions,
should be copied in the space indicated on the Application For Payment form. Note that the cost of materials and
equipment is often listed separately from the cost of their installation. All Change Orders affecting the Contract Price
should be identified and include such supplemental Schedules of Values as required for progress payments.
The torm is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the required
accompanying documentation is usually more extensive for final payment. All accompanying documentation should be
identified in the space provided on the form.
C. ENGINEER'S REVIEW
Engineer must n:view all Applications for Payment with care to avoid recommending any payments not yet earned by
Contractor. All accompanying documentation of legal nature, such as lien waivers, should be reviewed by an attorney,
and Engineer should so advise Owner,
FILE\K;'42702\ADMIN\SPECS\ 191 O. 8E
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CHANGE ORDER
No.
PROJECT: Elevated Storage Tank Removal
at Augusta State Univenity
OWNER: Augusta-Richmond County Board of Commissioners
DATE OF ISSUANCE:
CONTRACTOR:
P.C.
ENGINEER: Johnson, Laschober & Assoc.,
CONTRACT FOR: Elevated Storage Tank, Removal at Augusta State University
ENGINEER's Project No.
42.702
Y o!l are directed to make the folJowing.changes in the Contract Documents.
Description:
Purpose of Change Order:
Attachments: (List documents supporting change)
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIME:
Original Contract Price
Original Contract Time
$
Previous Change Orders No.
Net change from previous Change Orders
to No.
$
Contract Price prior to this Change. Order
$
Contract Time Plior to this Change Order
Net Increase (decrease) of this Change Order
Order
Net Increase (decrease) of this Change
$
Contract 'Ilme With all approved Change Orders
Contract Pnce WIth all approved Change Orders
$
RECOMMENDED:
APPROVED:
APPROVED:
by
by
by
Engineer
Owner
Contractor
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CHANGE ORDER
INSTRUCTIONS
A. GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect Contract Price or
Contract Time. Changes that have been initiated by a Work Directive Change must be incorporated into a subsequent
Change Order if they affect Price or Time.
Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order. .The practice of
accumulating change order items to reduce the administrative burden may lead to unnecessary disputes.
For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Time. a Field
Order may be used.
B. COMPLETING THE CHANGE ORDER FORM
Engineer initiates the form, including a description of the changes involved and attachments based upon documents and
proposals submitted by Contractor, or requests from Owner, or both,
Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval,
by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies
after approval by O\\11er.
If a change only applies to price or to time, cross out the part of the tabulation that does not apply.
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CERTIFICATE OF SUBSTANTIAL COMPLETION
ENGINEER's Project No. 42.702
Project Elevated Storage Tank Removal
CONTRACTOR
Contract Date
Contract For Elevated Storage Tank Removal at Augusta State University
This Certificate of Substantial Completion applies to all Work under the Contract Docwnents or to the following
specified parts thereof:
To:
OWNER
And To
CONTRACTOR
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,.
CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with
the Contract Documents
Date of Substantial Completion
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the
failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in
accordance with the Contract Docwnents. . The items in the tentative list shall be completed or corrected by
CONTRACTOR within days of the above date of Substantial Completion.
FtLEIK:142702IADMIN\SPECSI 191 O.R-D
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities,
insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a
release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents.
Executed by ENGINEER on
JOHNSON. LA SCHOBER & ASSOCIATES, P.c.
ENGINEER
By
CONTRACTOR accepts this Certificate of SubstantiaJ.Completion on
CONTRACTOR
By
OWNER accepts this Certificate of Substantial Completion on
OWNER
By
FILE\K;\42702\ADMINlSPECS\ 191 0.8.D
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SECTION 01010 - SUMMARY OF WORK
PART 1 - GENERAL
1.1 RELATED DOCillvIENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 WORK COVERED BY CONTRACT DOCillvIENTS
A. The Project consists of:
Elevated Storage Tank Removal
1, Project Location: Augusta State University, Augusta-Richmond County, Georgia.
2.
Owner:
Augusta-Richmond County Board of Commissioners
c/o Augusta-Richmond County Utilities Department
P.O. Box 5596 .
Augusta, Ga. 30916-5596
B. Contract Documents, dated February 7, 1997 were prepared for the Project by:
Johnson, Laschober & Associates, P.C.
1296 Broad Street
Augusta, Ga. 30901
C. The Work consists of:
Removing and disposing of existing water elevated storage tank, including lead
based paint abatement, antenna (mounted on tank), tank concrete foundations and
concrete paving between foundations, filling below grade areas and soil erosion and
sediment control.
D, The Work will be constructed under a single prime contract.
1,3 CONTRACTOR USE OF PREMISES
A. General: During the construction period the Contractor shall have full use of the premises
within the indicated battery limits for construction operations, including use of the site.
The Contractor's use of the premises is limited only by the Owner's right to perform work.
SUMMARY OF WORK
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B. Use of the Site: Limit use of the premises to work in areas indicated. Confine operations
to areas within contract limits indicated. Do not disturb portions of the site beyond the
areas in which the Work is indicated.
1. Driveways and Entrances: Keep driveways and entrances in the Augusta State
University Campus serving the premises clear and available to the Owner, the
Owner's employees, and emergency vehicles at all times. Do not use these areas
for parking or storage of materials. Schedule traffic to minimize space and time
requirements for storage of materials and equipment on-site.
2. During removal operations, Rains Road will be closed to through traffic from the
intersection with Lyle Road to a point approximately 400 feet west ?f the
intersection. The faculty parking lot located on the north side of Rains Road
adjacent to the project area will also be closed.
3, Removal operations shall be scheduled to minimize the number of working days
and exposure to campus activities.
4. The Contractor will be required to lower the crane beneath the elevation of the top
of the existing tank during off work hours
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
A. Tank components shall be dismantled, lowered to and placed on the ground by the use of a
crane. No steel is to be dropped.
B. Due to the presence oflead-based coatings, all cutting by torch shall be done in full compliance
of OSHA Standard 29 CFR 1962.62, Lead Exposure in Construction. Lead abatement
operations shall be perfonned by trained and qualified personnel.
C. Air samples and soil samples will be performed and monitored by the Testing Agency approved
by the Owner, The Contractor shall engage and coordinate scheduling of Testing Agency to
acquire specified monitoring and/or sampling.
END OF SECTION 01010
SUMIvIAR Y OF WORK
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SECTION 01027 - APPLICATIONS FOR PAYMENT
PART 1 " GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements governmg the
Contractor's Applications for Payment.
B. This Section specifies administrative and procedural requirements governing contractor's
Applications for Payment.
1. Coordinate the Schedule of Values and Applications for Payment with the
Contractor's Construction Schedule, Submittal Schedule, and List of Subcontracts.
2. The Schedule of Values shall indicate the description of work and dolla~ value for
the following:
a. Testing
b. Steel elevated storage tank removal, disposal including antenna, and lead-
based paint abatement.
c. Concrete slab on grade and tank foundation removal and disposal, filling
below grade areas, and soil erosion and sediment control
d. Construction fence, barricades and other items not specified above
1.3 APPLICATIONS FOR PAYMENT
A. Each Application for Payment shall be consistent with previous applications and
payments as certified by the Engineer and paid for by the Owner,
1, The initial Application for Payment, the Application for Payment at time of
Substantial Completion, and the final Application for Payment involve additional
requirements.
B..' Payment-Application Times: The date for each progress payment is the 15th day of each
month, The period covered by each Application for Payment starts on the day following
the end of the preceding period and ends 15 days prior to the date for each progress
paym,ent.
C. Payment-Application Forms: Use forms provided by the Owner for Applications for
Payment. Sample copies are included at the end of this Section,
APPLICATIONS FOR PA~~ENT
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D. Application Preparation: Complete every entry on the form. Include notarization and
execution by a person authorized to sign legal documents on behalf of the Contractor.
The Engineer will return incomplete applications without action,
".~..,.
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1. Entries shall match data on the Schedule of Values and the Contractor's
Construction Schedule. Use updated schedules if revisions were made.
2, Include amounts of Change Orders and Construction Change Directives issued
prior to the last day of the construction period covered by the application.
E. Transmittal: Submit 3 signed and notarized original copies of each Application for
Payment to the Engineer by a method ensuring receipt within 24 hours. One copy shall
be complete, including waivers of lien and similar attachments, when required.
1. Transmit each copy with a transmittal form listing attachments and recording
appropriate information related to the application, in a manner acceptable to the
Engineer.
F. Waivers of Mechanics Lien: With each Application for Payment, submit waivers of
mechanics liens fi.om subcontractors, sub-subcontractors and suppliers for the
construction period covered by the previous application.
1, Submit partial waivers on each item for the amount requested, prior to deduction
for retainage, on each item.
2. When an application shows completion of an item, submit final. or full waivers.
3. The Owner reserves the right to designate which entities involved in the Work must
submit waivers.
4. Waiver Delays: Submit each Application for Payment with the Contractor's waiver
of mechanics lien for the period of construction covered by the application.
a. Submit final Applications for Payment with or preceded by final waivers
from every entity involved with performance of the Work covered by the
application who is lawfully entitled to a lien.
5. Waiver Forms: Submit waivers of lien on forms, and executed in a manner,
acceptable to the Owner.
G, Initial Application for Payment: Administrative actions and submittals, that must precede
the submittal of the first Application for Payment, include the following:
1. List of subcontractors.
2. Schedule of Values.
3, Contractor's Construction Schedule (preliminary if not final).
4. List of Contractor's staff assignments.
5. Copies of authorizations and licenses from governing authorities for performance
of the Work.
6. Certificates of insurance and insurance policies,
7, Performance and payment bonds.
APPLICATIONS FOR PATI~ENT
01027 - 2
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8. Lead Abatement Documentation:
a. Verification of abatement supervisor's experience and training in lead-based
paint abatement.
b, Verification of worker experience and training in lead-based paint abatement.
c. Medical examination report and blood lead level tests for each employee of
the Contractor who was involved in the project. Blood lead level tests must
have been performed prior to start of abatement activity but within six
months of start of abatement activity and again following abatement activity
but within 30 days following abatement activity.
d, Respirator training for each employee of the Contractor who will be involved
in the project.
e. copy of Material Safety Data Sheets for all products incorporated into the
work.
NOTE: Three (3) sets of submittal data shall be provided.
H.' Application for Payment at Substantial Completion: Following issuance of the Certificate
of Substantial Completion, submit an Application for Payment.
1. This application shall reflect Certificates of Partial Substantial Completion issued
previously for Owner occupancy of designated portions of the Work. .
2. Administrative actions and submittals that shall precede or coincide with this
application include:
a, Environmental test reports
b. Acceptance of ownership of tank by Contractor for legal use or disposal.
c. Final cleaning. .
d. List of incomplete Work, recognized as exceptions to Engineer's Certificate.
of Substantial Completion.
1. Final Payment Application: Administrative actions and submittals that must precede or
coincide with submittal of the final Application for Payment include the following.
1.. Completion of Project closeout requirements.
2. Completion of items specified for completion after Substantial Completion,
3, Ensure that unsettled claims will be settled.
4, Ensure that incomplete Work is not accepted and will be completed without undue
delay,
5. Transmittal of required Project construction records to the Owner.
6. Proof that taxes, fees, and similar obligations were paid.
7. Removal of temporary facilities and services,
8. Removal of surplus materials, rubbish, and similar elements.
9. Daily logs maintained by the Contractor's supervisor
10. Copies of Uniform Hazardous Waste Manifest Form
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
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END OF SECTION 01027
APPLICATIONS FOR PATIqENT
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SECTION 01200 - PROJECT MEETINGS
PART I - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifiesadrriinisttative and procedural requirements for project meetings,
including, but not limited to, the following:
1 , Preconstruction conferences.
2. Progress meetings.
3. Coordination meetings. .
1,3 PRECONSTRUCTION CONFERENCE
A. Schedule a preconstruction conference before starting construction, at a time convenient
to the Owner and the Engin'eer, but no later than 15 days after execution of the
Agreement. Hold the conference at the Project Site or another convenient location.
Conduct the meeting to review responsibilities and personnel assignments.
B. Attendees: Authorized representatives of the Owner, Engineer, and their consultants; the
Contractor and its superintendent; major subcontractors; manufacturers; suppliers; and
other concerned parties shall attend the conference, All participants at the conference
shall be familiar with the Project and authorized to conclude matters relating to the Work.
C. Agenda: Discuss items of significance that could affect progress, including the
following:
1. Tentative construction schedule.
2. Critical work sequencing.
3, Designation of responsible personnel.
4. Procedures for processing field decisions and Change Orders.
5, Procedures for processing Applications for Payment.
6. Distribution of Contract Documents.
7, Preparation of record documents.
8. Use of the premises.
9. Parking availability.
10. Office, work, and storage areas.
II. Equipment deliveries and priorities,
PROJECT MEETINGS
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12. Safety procedures.
13. First aid.
14. Security.
15. Housekeeping,
16. Working hours. .
1.4 PROGRESS tvIEETING
A. Conduct progress meeting at the Project Site at mid-way through allotted demolition
schedule. Notify the Owner and the Engineer of scheduled meeting date. Coordinate
date of meeting with preparation of the payment request.
B. Attendees: In addition to representatives of the Owner and the Engineer, each
subcontractor, supplier, or other entity concerned with current progress or involved in
planning, coordination, or performance of future activities shall be represented at this
meeting. All participants at the conference shall be familiar with the Project and
authorized to conclude matters relating to the Work.
C. Agenda: Review items of significance that could affect progress. Include topics for
discussion as appropriate to the status of the Project.
1. Contractor's Construction Schedule: Review progress. Determine whether the
Contractor's Construction'Schedule is on time or ahead or behind schedule.
Determine how construction behind schedule will be expedited; secure
commitments from parties involved to do so. Discuss whether schedule revisions
are required to 'insure that current and subsequent activities will be completed
within the Contract Time.
2. Review the present and future needs of each entity present, including the following:
a. Interface requirements.
b. Time,
c. Sequences.
d. Access.
e. Site utilization.
f Temporary facilities and services.
g. Hours of work.
h. Hazards and risks.
I. Housekeeping.
J. Quality and work standards.
k. Change Orders.
l. Documentation of information for payment requests.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
END OF SECTION 01200
PROJECT MEETINGS
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SECTION 01400 - ENVIRONMENTAL QUALITY CONTROL
. ~ '.~. - ~
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 and Division 2 Specification Sections, that apply to this
Section,
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for environmental
quality-control services.
B. Environmental quality-control services include inspections, tests, and related actions,
including reports perfimned by Contractor, by the Testing Agency selected by the Owner,
and by governing authorities. They do not' include contract enforcement activities
performed by Engineer,
C, Inspection and testing services are required to verify compliance with requirements
specified or indicated. These services do not relieve Contractor of responsibility for
compliance with Contract Document requirements. .
D. Requirements of this Section relate to customized fabrication and installation procedures,
not production of standard products.
1, Specific environmental quality-control requirements for individual construction
activities are specified in the Sections that specify those activities.
2. Specified inspections, tests, and related actions do not limit Contractor's
environmental quality-control procedures that facilitate compliance with Contract
Document requirements.
3. Requirements for Contractor to provide environmental quality-control services
required by Engineer, Owner, or authorities having jurisdiction are not limited by
provisions of this Section.
1.3 RESPONSffiILITIES
A. Contractor Responsibilities: Unless otherwise indicated as the responsibility of another
identified entity, Contractor shall provide inspections, tests, and other environmental
quality-control services specified elsewhere in the Contract Documents and required by
authorities having jurisdiction. Costs for these services are included in the Contract Sum.
ENVIRONMENT AL QUALITY CONTROL
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1.
Where individual Sections specifically indicate that certain inspections, tests, and
other environmental quality-control services are. required, the Owner will engage the
services of a qualified independent Testing Agency to perform those services.
Payment for these services will be made by the Contractor from the Inspection and
Testing Allowance as setup in the Bid Form. Contractor shall submit the invoice of
the Testing Agency with the Monthly Payment request and Waiver of Lien for the
previous months invoice of the Testing Agency
,,,., 'I,
B. Retesting: The Contractor is responsible for retesting where results of inspections, tests,
or other environmental quality-control services prove unsatisfactory and indicate
noncompliance with Contract Document requirements, regardless of whether the original
test was Contractor's responsibility,
1, The cost of retesting construction, revised or replaced by the Contractor, is the
Contractor's responsibility where required tests performed on. original construction
indicated noncompliance with Contract Document requirements,
C. Associated Services: Cooperate with agencies performing required inspections, tests, and
similar services, and provide reasonable auxiliary services as requested. Notify the agency
sufficiently in advance of operations to permit assignment of personnel. Auxiliary services
required include, but are not limited to, the following:
1. Provide access to the Work.
2. Furnish incidental labor and facilities necessary to facilitate inspections and tests,
3, Take adequate quantities of representative samples of materials that require testing
or assist the agency in taking samples.
D. Duties of the Testing Agency: The independent agency engaged to perform inspections,
sampling, and testing of materials and construction specified in individual Sections shall
cooperate with the Engineer and the Contractor in performance of the. agency's duties. The
Testing Agency shall provide qualified personnel to perform required .inspections and tests,
1. The agency shall notify the Engineer and the Contractor promptly of irregularities
or deficiencies observed in the Work during performance of its services,
2. The agency is not authorized to release, revoke, alter, or enlarge requirements of the
Contract Documents or approve or accept any portion of the Work.
3. The agency shall not perform any duties of the Contractor.
E, Coordination: Coordinate the sequence of activities to accommodate required services
with a minimum of delay. Coordinate activities to avoid the necessity of removing and
replacing construction to accommodate inspections and tests.
1. The Contractor is responsible for scheduling times for inspections, tests, taking
samples, and similar activities.
ENVIROm.ffiNTAL QUALITY CONTROL
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1.4 SUBMITTALS
A. The independent Testing Agency shall submit a certified written report, in duplicate, of
each inspection, test, or similar service to the Engineer.
1, Submit additional copies of each written report directly to the governing authority,
when the authority so directs.
2. Report Data: 'Written reports of each inspection, test, or similar service include, but
are not limited to, the following:
a. Date of issue.
b. Project title and number.
c. Name, address, and telephone number of Testing Agency,
d. Dates and locations of samples and tests or inspections.
e, Names of individuals making the inspection or test.
f Designation of the Work and test method.
g, Identification of product and Specification Section.
h. Complete inspection or test data.
1. Test results and an interpretation of test results.
J. Ambient conditions at the time of sample taking and testing, .
k. Comments or professional opinion on whether inspected or te~ted Work
complies with Contract Document requirements.
1. Name and signature oflaboratory inspector. .
m. Recommendations on retesting.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3 .1 REPAIR AND PROTECTION
A. . General: Upon completion of inspection, testing, sample taking and similar services, repair
damaged construction and restore substrates,
B. Protect construction exposed by or for environmental quality-control service activities, and
protect repaired construction.
C. Repair and protection is Contractor's responsibility, regardless of the assignment of
responsibility for inspection, testing, or similar services.
END OF SECTION 01400
ENVIRONMENT AL QUALITY CONTROL
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SECTION 01700 - PROJECT CLOSEOUT
PART 1 - GENERAL
"... "/
1. 1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and Supplementary
Conditions and other Division-1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements for project closeout,
including but not limited to:
1 , Inspection procedures.
2. Project record document submittal.
3. Operating and maintenance manual submittal.
4. Submittal of warranties.
5. Final cleaning.
1.3 SUBSTANTIAL COMPLETION
A. Preliminary Procedures: Before requesting inspection for certification of Substantial
Completion, complete the following. List exceptions in the request.
1. In the Application for Payment that coincides with, or first follows, the date
Substantial Completion is claimed, show 1 00 p~rcent completion for the portion of
the Work claimed as substantially complete, Include supporting documentation for
completion as indicated in these Contract Documents and a statement showing an
accounting of changes to the Contract Sum,
a. If 100 percent completion cannot be shown, include a list of incomplete
items, the value of incomplete construction, and reasons the Work is not
complete,
2. Submit final certifications and similar documents.
3. Obtain and submit releases enabling the Owner unrestricted use of the premises and
access to services and utilities.
4. Submit final record information.
5. Complete final clean up requirements and any repair and restoration of damaged
surfaces.
B. Inspection Procedures: On receipt of a request for inspection, the Engineer will either
proceed with inspection or advise the Contractor of unfilled requirements, The Engineer
will prepare the Certificate of Substantial Completion following inspection, or-advise the
Contractor of construction that must be completed or corrected before the certificate will
be issued. .
PROJECT CLOSEOUT
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1. The Engineer will repeat inspection when requested and assured that the Work has
been substantially completed.
2. Results of the completed inspection will form the basis of requirements for fin~
acceptance. ".:'U' """
1.4 FINAL ACCEPTANCE
A. Preliminary Procedures: Before lequesting final inspection for certification of final
acceptance and final p~yment, complete the following. List exceptions in the request,
1. Submit the final payment request with releases and supporting documentation not
previously submitted and accepted. Include certificates of insurance for products
and completed operations where required.
2. Submit an updated final statement, accounting for final additional changes to the
Contract Sum.
3. Submit a certified copy of the Engineer's final inspection list of items to be
completed or corrected, stating that each item has been completed or otherwise
resolved for acceptance, and the list has been endorsed and dated by the Engineer.
4. Submit a final liquidated damages settlement statement.
5. Submit evidence of final, continuing insurance coverage complying with insurance
requirements.
B. Reinspection Procedure: The Engineer will reinspect the Work upon receipt of notice
that the Work, including inspection list items from earlier inspections, has been
completed, except items whose completion has been delayed because of circumstances
acceptable to the Engineer.
1. Upon completion of reinspection, the Engineer will prepare a certificate of final
acceptance, or advise the Contractor of Work that is incomplete or of obligations
that have not been fulfilled but are required for final acceptance.
2. If necessary, reinspection will be repeated.
1.5 RECORD DOCUMENT SUBMITTALS
A. General: Do not use record documents for construction purposes; protect from
deterioration and' loss in a secure, fire-resistive location; provide access to record
documents for the Engineer's reference during normal working hours.
B. Record Specifications: Maintain one complete copy of the Project Manual, including
addenda, and one copy of other written construction documents such as Change Orders
and modifications issued in printed form during construction. Mark these documents to
show substantial variations in actual Work performed in comparison with the text of the
Specifications and modifications, Give particular attention to substitutions, selection of
options and similar information on elements that are concealed or cannot otherwise be
readily discerned later by direct observation.
1. Upon completion of the Work, submit record Specifications to the Engineer for the
Owner's records.
PROJECT CLOSEOUT
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C. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements
of miscellaneous record-keeping and submittals in connection with actual performance
of the Work. Immediately prior"to the date or dates of Substantial Completion, complete
miscellaneous records and place in good order, properly identified and bound or filed,
ready for continued use and reference. Submit to the Engineer for the Owner's records.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 FINAL CLEANING
A. General: General cleaning during construction is required by the General Conditions and
included in Section "Temporary Facilities".
B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean
each surface or unit to the condition expected in a normal, commercial building cleaning
and maintenance program. Comply with manufacturer's instructions.
1, Complete the following cleaning operations before requesting inspection for
Certification of Substantial Completion.
a. Clean the site, including landscape development areas, of rubbish, litter and
other foreign substances. Sweep paved areas broom clean; remove stains,
spills and other foreign deposits, Rake grounds that are neither paved nor
planted, to a smooth even-textured surface.
C. Removal of Protection: Remove temporary protection and facilities installed for
protection of the Work during construction.
. D. Compliance: Comply with regulations of authorities having jurisdiction and safety
standards for cleaning, Do not bum waste materials. Do not bury debris or excess
materials on the Owner's property. Do not discharge volatile, harmful or dangerous
materials into drainage systems. Remove waste materials from the site and dispose of in
a lawful manner. .
1, Where extra materials of value remaining after completion of associated Work have
become the Owner's property, ,arrange for disposition of these materials as directed.
END OF SECTION 01700
PROJECT CLOSEOUT
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SECTION 02060 - ELEVATED STORAGE T ANI< REMOVAL
P ART 1 - GENERAL
.... .'
, -~. ~J
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Demolition and removal of elevated storage tank, attached antenna, including lead-
based paint abatement, concrete tank foundations and concrete slab-on-grade
between tank foundations.
2. Disconnecting and plugging existing water line to existing elevated storage tank riser
in place.
3. Filling below grade areas and soil erosion and sediment control.
B. Related Sections: The following Sections contain requirements that relate to this Section:
1. Division 1 Section "Summary of Work".
2. Division 1 Section "Project Meetings".
3 Division 1 Section "Contract Closeout" for record document requirements,
4. Division 2 Section 02065, "Abatement of Lead-Based Paint"
1.3 DEFINITIONS
A. Remove: Remove and legally dispose of indicated items,
. -
B. Existing to Remain: Protect construction indicated to remain against damage and soiling
during demolition,
1.4 MATERIALS OWNERSHIP
A. Except for items indicated to remain on the Owner's property, demolished materials shall
become the Contractor's property and shall be removed from the site with further legal
disposition at the Contractor's option.'
B. Demolished or removed components of bulb (tank), legs and riser contain lead-based paint.
Contractor shall take precautions to prevent contamination of surrounding soil by storing
and hauling in enclosed containers and/or wrapping components in two layers of
polyethylene plastic sheeting sealed with duct tape and/or spray adhesive.
ELEVATED STORAGE TANK REMOVAL
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1.5 SUBMITTALS
A. General: Submit each item in this Article according to the Conditions of the Contract and
. ";'.". Division 1 Specification Sections, for information'only, unless otherwise indicated,
B. Proposed dust-control measures.
C. An alternate abatement method, other than those recommended in Section 02065, may be
proposed by Contractor. The Contractor shall submit detailed plan of proposed alternate
method. The Contractor shall not begin abatement until the alternate plan is reviewed by
the Engineer.
D. Schedule of demolition activities indicating the following:
1. Detailed sequence of demolition and removal work, with starting and ending dates
for each activity.
2. Dates for plugging existing water line to outside of riser foundation.
E. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining
construction and site improvements that might be misconstrued as. damage caused by
demolition operations.
F. Landfill records for record purposes indicating receipt and acceptance of wastes by a
landfill facility licensed to accept wastes.
1,6 QUALITY ASSURANCE
A. Demolition Firm Qualifications: Engage an experienced firm that has successfully
completed demolition work similar to that indicated for this Project.
B.. Regulatory Requirements: Comply with governing EP A notification regulations before
starting demolition:' Comply with hauling and disposal regulations of authorities having
jurisdiction.
C. Predemolition Conference: Conduct conference at Project site to comply with
preinstallation conference requirements of Division 1 Section "Project Meetings."
1,7 PROJECT CONDITIONS
A. Owner assumes no responsibility for actual condition of elevated storage tank to be
demolished.
B. Lead: Lead is present in the structure to be demolished. A report on the presence oflead
is on file for review and use. Examine the report to become aware of locations where lead
is present.
1. Lead abatement is specified in Section 20265 "Lead-Based Paint Abatement.
2. The condition of interior tank coating is unknown. The Contractor shall create an
access through top of tank to allow the Testing Agency selected by the Owner to
ELEVATED STORAGE TANK REMOVAL
02060 - 2
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collect a sample for testing for total lead and to determine the extent of chipping,
flaking, rusting, etc. Access will be made after the Contractor removes a one-foot
wide strip of lead paint to permit cutting. The Contractor shall not proceed with
further cutting until test results. are known, and the Contractor is given notice to
proceed within the scope of the contract or to perform additional work prescribed by
the Owner. .
C. Storage or sale of removed items or materials on-site will not be permitted.
1.8 SCHEDULING
A.. Arrange demolition schedule so as not to interfere with Owner's on-site operations. Refer
to requirements of Division 1 Section "Summary of Work. "
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify the location of existing utilities within the battery limits,
B. Survey the condition of the structure to determine whether removing any element might
result in a structural deficiency or unplanned collapse of any portion of the structure or
adjacent structures during demolition.
C. Perform surveys as the work progresses to detect hazards resulting from demolition
activities,
3.2 UTILITY SERVICES
A. Maintain existing utilities in service and protect them against damage during demolition
operations.
B. Utility Requirements: Verify that existing elevated storage tank is isolated from existing
water line in service.
I. Owner will arrange to shut off indicated utilities when requested by Contractor,
including discOlmecting the existing antenna cable.
3.3 PREPARATION
A. Conduct demolition operations and remove debris to ensure minimum interference with
roads, streets, walks, and other adjacent occupied and used facilities,
1, Do not close or obstruct streets, walks, or other adjacent occupied. or used facilities
without permission from Owner and authorities having jurisdiction except as noted
in Division 1 Section "Summary of Work. " Provide alternate routes around closed
or obstructed traffic ways if required by governing regulations.
ELEVATED STORAGE TANK REMOVAL .
02060 - 3
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B. Conduct demolition operations to prevent injury to people and damage to adjacent
buildings and facilities to remain, Ensure safe passage of people around demolition area.
1, Erect temporary construction fencing within the battery limits.
2. Install temporary barricades to close Rains Road.
3. Protect existing site improvements, appurtenances, and landscaping to remain,
C. Provide and maintain interior and exterior bracing, or structural support to preserve
stability and prevent movement, settlement, or collapse of structure to be demolished.
1. Strengthen or add new supports when required during progress of demolition.
3.4 EXPLOSIVES
A. Explosives: Use of explosives will not be permitted.
3,5 POLLUTION CONTROLS
A. Use water mist, temporary enclosures, and other suitable methods to limit the spread of
dust and dirt. Comply with governing environmental protection regulations.
'1. Do not create hazardous or objectionable conditions, such as ice, flooding, and
pollution, when using water.
B. Remove and transport structural elements and debris in a manner that will prevent dropping
on adjacent surfaces ~md areas.
1. Remove structural elements and debris from elevated portions of structure by crane,
or other device that will convey structural elements to grade level.
C. Engage and Schedule the services of the Testing Agency selected by the Owner to collect
and analyze soil samples prior to the project and upon completion of the dismantling and
removal of the elevated storage tank components. The Testing Agency shall: .
1. Establish a base line of lead content in the soil by collecting and analyzing three
surface and three I-foot below grade samples at randomly selected areas, Samples
should be collected underneath the tank and at least 25 feet but not more than 50 feet
from the base of the tank.
2, Upon completion of the dismantling and removal of elevated storage tank
components and before concrete slab and tank foundations removal, collect and
analyze three surface and three I-foot below grade samples at randomly selected
areas. Samples should be collected underneath the tank and at least 25 feet but not
more than 50 feet from the base of the tank.
3. If post-tank removal lead levels in soil exceed the base line established prior to
beginning the project, perform soil remediation to restore lead level at or below pre-
project level. Remediation and retesting shall be at no additional cost to the Owner.
4, Submit a proposed soil remediation plan to the Engineer for approval prior to
beginning soil remediation activity.
ELEVATED STORAGE TANK REMOVAL
02060 - 4
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3.6 DEMOLITION
A. Elevated Storage Tank Demolition: Demolish elevated storage tank superstructure
completely and remove from the site. Use methods required to complete Work within
limitations of governing regulations and as follows:
1. Dispose of dismantled materials and debris promptly. On-site storage or sale of
removed items is prohibited,
2, Remove structural elements and lower to ground by method suitable to avoid free
fall and to prevent ground impact or dust generation. The ground shall be protected .
by plastic sheeting until tank components are containerized or wrapped as previously
described and removed from site,
3. Bulb (tank), legs and riser shall be cut only within or on areas which have been
abated of lead-based paint.
B. On Grade and Below-Grade Construction:
1. Remove concrete slabs on grade betw(een tank foundations.
2,. Completely remove tank foundations.
C. Filling Below-Grade Areas: Redistribute existing soils in immediate vicinity of tank to fill
. below grade areas. Fill and compact in 12" lifts. Shape disturbed earth to have positive
downward slope to south. Maximum finish slope grades shall be 1 to 5 or 20%.
D. Soil Erosion and Sediment Control: Place silt fence along low side of area to be disturbed.
After grading is complete apply minimum of 4" of organic mulch over disturbed area. Silt
fence shall remain in place at completion of project.
E. Damages: Promptly repair damages to adjacent facilities caused by demolition operations.
3,7 . DISPOSAL OF DISMANTLED MATERIALS
A. General: Promptly dispose of dismantled materials and construction debris. Disman~led
materials and construction debris shall be removed immediately from site upon completion
of tank removal.
B. Disposal: Transport demolished materials off Owner's property and legally dispose of
them,
3.8.' DEMOLITION SCHEDULE
A. Remove the following (See appended attachments):
1. Steel elevated storage water tank with attached antenna, including .lead-based paint
abatement.
2. Concrete slab-on-grade under tank between tank foundations and concrete tank
. foundations.
END OF SECTION 02060
ELEVATED STORAGE TANK REMOVAL
02060 - 5
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SECTION 02060 - ELEVATED STORAGE T ANI< REMOVAL
APPENDIX
(9 pages including cover sheet)
ELEVATED STORAGE TANK REMOVAL
02060 - 6
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AUGUSTA-Rla-tWOND co. COWWISSION.
AUGUSTA. GEORGIA
ELEVATED STORAGE TANK REMOVAL
LOCA TION MAP
JOHNSON, LASCHOSER & ASSOCIATES, P.C.
1296 BROAD STREET AUGUSTA. GEORGIA
U____. SCALE DATE PROJECT NO oRAYllNG NO.
~: NO SCALE 2/7/97 42702 51<-1
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AUGUSTA-RlaiWOND co. COWWlSSlON
AUGUSTA. GEORGIA
ELEVATED STORAGE TANK RE~OVAL
AUGUST A ST ATE UNIVERSITY
CAMPUS MAP
JOHNSON, LASCHOBER I ASSOCIATES, P.C.
1296 BROAD STREET AUGUSTA. GEORGI..
DIGI-ZM. SCALE DATE PROJECT NO DRAWING NO. REV.
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Viewing water tank from intersection of Arsenal Ave
and Rains Rd looking east down Rains Road.
Same view as Photos #1 & #2 positioned on south edge
of Rains Road looking east at northwest corner of
battery limits.
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Same view a Photo #1 positioned halfway between tank and Arsenal Ave on Rains Road.
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Viewing north from south edge of battery limits.
Viewing northwest from southeast corner of battery limits.
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Viewing northeast from southwest corner of battery limits.
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Viewing west from existing asphalt parking
lot on east side of Lyle Road.
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Viewing southwest - west from northeast corner
of intersection of Rains Road and Lyle Road.
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Positioned on south edge of Rains Road east of Lyle Road and north of parking lot viewing west.
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Viewing south from faculty parking
lot on north side of Rains Road.
Viewing south-southeast from faculty
parking lot at exit on to Rains Road.
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Viewing southeast/east across faculty parking lot and Rains Road.
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Viewing east at top half of water tank tower and tank.
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Viewing south-southeast from Rains Rd. at bottom half of tank tower.
Photograph shows chainlink fence around tank base and concrete slab on grade.
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SECTION 02065 - LEAD-BASED PAINT ABATEMENT,..,
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A This section includes the following:
1, Lead abatement - Due to the presence of lead-based coatings, all cutting by torch
shall be done in full compliance of OSHA Standard 29 CFR 1962.62, Lead Exposure
in Construction.. Lead abatement operations shall be performed by trained and
qualified personnel.
2. Disposal of lead-based paint (LBP) and related construction debris arid trash
(stripping water, waste water, cleaning equipment, filters, protective clothing, etc.)
Note: In addition, all construction debris and trash generated by LBP abatement shall
be sealed in polyethylene plastic sheeting, 6-mil leak-tight disposal bags, and/or 55-
gallon open-head steel drums and placed in an enclosed truck or covered dumpster
to be disposed of as solid waste or hazardous waste, according to the results of
Toxicity Characteristic Leaching Procedure (TCLP) testing.
3. For bidding purposes, the Contractor shall assume that all waste generated by LBP
abatement shaiIbe disposed of as non-hazardous waste. Cost for transportation and
disposal of hazardous waste shall be covered by an additive change order using unit
prices outlined on the Bid Form.
4. Monitoring and testing by Testing Agency selected by the Owner, Personnel air
monitoring and testing to comply with OSHA regulations shall be the Contractor's
responsibility not to be performed and reimbursed under the responsibilities assigned
to the Testing Agency. j
B. Related Sections
1. Bid Form
2. Division 1 Specifications
3. Division 2 Section 02060 "Elevated Storage Tank Removal"
LEAD-BASED PAINT ABATEMENT
02065 - 1
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1.3
LEAD-BASED PAINT PERSONNEL
A. LBP abatement supervisor shall be present at all times that lead-based paint abatement is in
progress. The supervisor must be knowledgeable in the hazards associated with LBP
abatement activities and the proper use, maintenance and fitting of all types of personal
protective equipment to be used on the project.
B. Lead-based paint abatement workers shall be properly trained to perform LBP abatement
activity in accordance with Occupational Safety and Health Administration' (OSHA)
standard 29 CFR 1926.62. Workers shall be instructed regarding the contents of the
standard, hazards associated with LBP abatement activities, the proper use, maintenance and
fitting of all types of personal protective equipment to be used on the project, and
engineering controls and work practices associated with LBP abatement.
C. . The Contractor shall insure that all employees involved in LBP abatement are enrolled in a
medical surveillance program as described in the standard. .
1.4 DAMAGES
A. Damage caused to surrounding structures and/or facilities by the Contractor or his personnel
due to negligence or the use of unauthorized abatement methods shall be repaired at the
Contractor's expense.
1.5 REGULATORY COMPLIANCE
A. It is the intent of this section for the Contractor to comply fully with all Federal, State and
Local regulations and codes regarding removal and disposal of lead-based paint. Nothing
in this section should be interpreted to conflict with this intent.
1.6 CONTRACTOR COMPLIANCE WITH OSHA SAFETY SrANDARDS
A. Contractor is responsible to ensure worker safety complies with OSHA safety requirements.
Respirators, hard hats, eye goggles, gloves, safety belts, etc., shall be worn when work tasks
require this additional safety protection. The combination of wearing respirators and
working above ground level creates a working environment which requires special safety
considerations.
B. No attempt has been ma.de to specify all applicable Federal and/or State requirements dealing
with worker safety or public safety within the confines of these specifications. This should
not be construed as an abridgement of these requirements. As is always the case, the
Contractor has the responsibility to determine which non-specified requirements apply to his
work and the responsibility to initiate steps to comply with these non-specified requirements
on an as needed or required basis.
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PART 2 - PRODUCTS
2.1 TRISODIUM PHOSPHATE
A A detergent containing at least five (5) per~ent TRISODIUM phosphate (TSP). Ensure that
workers carefully follow the specific manufacturer's instructions for the proper use of the
product, especially the recommended dilution ratio.
B. Waterproof gloves for workers to wear when applying TSP.
2.2 POL YETHYLENE PLASTIC SHEETING
A Polyethylene plastic sheeting shall be used in the largest sheet size possible to minimize
seams, 4-mil and 6-mil thickness, clear, frosted and/or black, as required.
B. Reinforced polyethylene plastic sheeting shall be used in the largest sheet size possible to
minimize seams, 6-mil thickness, clear, frosted or black.
C. Polyethylene plastic sheeting shall be flame resistant and conform to the National Fire
Protection Association Standard 701, "Small-Scale Fire Test for Flame-Resistant Textiles
and Films. "
2.3 ADHESIVES
A Duct tape at least three inches wide with an adhesive formulated to stick aggressively to
polyethylene plastic sheeting.
B. Spray adhesive formulated to stick aggressively to polyethylene plastic sheeting.
2.4 DISPOSAL CONTAINERS
A 6-mil thick, leak-tight polyethylene plastic disposal bags.
B. 55-gallon open-head, steel drums equipped with a locking ring.
2.5 HIGH EFFICIENCY PARTICULATE ABSOLUTE (HEPA) FILTERS
A Vacuum cleaners, air filtration machines, and respirators with HEP A filters capable of
filtering particles of 0,3 microns or greater at 99.97% efficiency.
P ART 3 - EXECUTION
3.1 EQUIPMENT
A Personal Protection
I. Respirators, All individuals entering LBP control area after the commencement of
abatement work shall be required to wear respiratory protection in accordance with
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..;;, OSHA Standards. Workers using the heat gun method of abatement shall wear
respirators equipped with both a HEP A-filtered cartridge and an organic vapor
cartridge.
2, Protective Clothing. All individuals entering Lead-Based Paint Control Area shall
be provided protective clothing in accordance with OSHA Standards.
3.2 DECONTAMINATION FACILITIES
A. The Contractor shall provide a personnel decontamination station with separate facilities for
storing protective work clothing and equipment and worker's street clothes, and for worker
decontamination in accordance with OSHA Standards.
3.3 REGULATED AREA PREPARATION
A. Establish a regulated area on the grounds surrounding the elevated tank by erecting barriers
a minimum of 25 feet from the tank perimeter and not greater that the indicated battery
limits, Use warning tape and caution signs which will alert unprotected individuals and
prevent them from accidentally entering the regulated area.
B. Barriers shall be erected using two (2) strands of warning tape between stanchions: the first
tape shall be twelve (12) inches from the ground, the second tape shall be no more than
forty-eight (~8) inches from the ground, Caution signs shall be suspended between the
strands of warning tape no more than ten (10) feet apart.
C. Owner will remove all movable objects from the regulated area. Cover all objects remaining
in the regulated area with at least one layer of 4-mil polyethylene plastic sheeting secured
in place with duct tape and/or spray adhesive.
D. Spread one layer of 6-mil polyethylene plastic sheeting on the ground directly below the
elevated water tank. Sheeting shall extend a minimum of 25 feet in all directions from the
tank perimeter. This layer of plastic shall be weighted to prevent displacement by wind and
be turned up at the edges to prevent runoff of rain water or waste water. This layer of plastic
shall be decontaminated at the end of each shift. Repair holes and/or tears to prevent waste
water from seeping into soil underneath the barrier.
E. Do not conduct abatement work on the bulb (tank) if constant wind speed is greater than 20
miles per hour.
3.4 PAINT STRIPPING PROCEDURES
A. Surfaces where cuts will be made, either by acetylene torch or other means, shall be stripped
of lead-based paint prior to cutting, A section one foot. wide willl;>e pre-cleaned using a
HEP A vacuum and TSP wet cleaning methods and then stripped oflead-based paint.
B. The following removal methods are approved:
1. HEAT GUN, The use of heat guns is limited to electric-powered tlameless guns
operating below 1,100 degrees Fahrenheit. Hold the nozzle of the heat gun three to
. six inches from the surface, Allow the heat stream leaving the gun to merely soften
the paint. Do not allow the paint film to scorch or smoke. At the very first sign of
paint softening, blistering, or bubbling, discontinue the use of heat and immediately
LEAD-BASED P AlNT ABATEMENT
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scrape the loose paint off the surface. Under OSHA regulation 29 CFR 19,26.150,.
a fully charged ABC-type 20-pound (minimum) fire extinguisher must be available
within 100 feet of work utilizing a heat gun. Respirators for workers using the heat
gun shall be equipped with both a HEP A-filtered cartridge and an organic vapor
cartridge,
2. WET SCRAPPING. This method of lead-based paint removal can be performed
using a spray bottle or sponge attached to a paint scraper. Wet scraping is often used
to remove loose and flaking paint prior to paint film stabilization or encapsulation.
Lightly mist the surface with water from a sprayer or sponge. Loose material should
be scraped from the surface and deposited on the polyethylene plastic sheeting. Paint
chips should be cleaned up as soon as possible to prevent tracking them throughout
the regulated area, Respirators equipped with HEP A-filtered cartridges must be
worn by workers wet scraping,
3. HEP A V ACUUM NEEDLE GUN. The needle gun is appropriate for metal
surfaces but may cause significant damage to masonry, wood, drywall and plaster.
Metal needles rapidly pound against the painted surface, dislodging the paint. A
HEP A vacuum connected to the gun head draws paint chips and dust into the
vacuum minimizing the dispersion of lead dust. Losing shroud contact with the
surface can cause the deposition of significant amounts of chips on the polyethylene
plastic sheeting. Chips should be cleaned up as soon as possible. Respirators
equipped with HEP A-filtered cartridges must be worn by workers using the needle
gun.
C. Alternate methods and means related to dismantling elevated storage tank with lead-based
paint shall be submitted for approval before proceeding with work.
D. Waste materials generated by the stripping operation shall be segregated by type of waste, .
3,5 . . REGULATED AREA CLEANING PROCEDURES
A. The Contractor shall HEP A-vacuum and/or wet clean surfaces exposed by stripping
operations, and surfaces of polyethylene plastic sheeting installed as part of the containment
system, a minimum of two times before proceeding with the visual inspection.
3.6 VISUAL INSPECTION
A. The Testing Agency selected by the Owner shall visually inspect all surfaces exposed by
stripping, and surfaces of polyethylene plastic sheeting installed as part of the containment
system, to ensure:
1. All lead-based paint identified for removal has been stripped as previously specified.
2. All surfaces exposed by stripping of the lead paint, and surfaces of polyethylene
plastic sheeting installed as part of the containment system, have been thoroughly
and completely HEP A-vacuumed and/or wet cleaned, as required.
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3. -. There is no visible dust or debris remaining on the surfaces exposed by stripping, nor
surfaces of plastic sheeting installed as part of the containment system.
B. Once the Testing Agency has confirmed that all areas stripped of lead-based paint have
been properly cleaned, complete the "Certification of Visual Inspection" attached to this
Section. Final payment will not be made until this certificate is provided to the Owner.
3. 7 DAILY MONITORING
A. The Testing Agency selected by the Owner shall be scheduled by the Contractor to perform
air sample collection and analysis to document lead dust levels during abatement. Cost of
these services shall be paid by the Contractor under the allowance established in the Base
Bid and as stipulated in the Supplemental General Conditions, Soil samples shall also be
taken by the Testing Agency as described in Section 02060 "Elevated Storage Tank
Removal" ,
.B. Personnel air monitoJing to comply with OSHA regulation 29 _CFR 1926.62 is the
responsibility of the Contractor and shall not be included in the above stated allowance.
C. A minimum offour area air samples shall be collected and analyzed for total lead on a daily
basis:
1, One sample shall be collected up wind from the abatement activity. The sample shall
be collected on the same level as workers,
2. One sample shall be collected down wind from the abatement activity. The sample
shall be collected on the same level as workers.
3. One sample shall be collected from within the immediate area of the abatement
activity or on the ground below the abatement activity. A personal air sample may
be used for this purpose. If taken from a worker's breathing zone, this sample will
be for the Owner's use and does not relieve the Contractor from the responsibility of
- performing his own OS~ personal air monitoring.
4. One field blank.
PART 4 - WASTE DISPOSAL
4.1- TOXICITY CHARACTERISTIC LEAClllNG PROCEDURE (TCLP) TEST
A. The Testing AgenCy selected by the Owner shall collect and analyze one sample of each (ype
of waste generated by the LBP abatement activity. Samples shall be analyzed using the
Toxicity Characteristic Leaching Procedure (TCLP) for heavy metals to determine if the
waste is hazardous or non-hazardous.
B. As a minimum, one TCLP shall be conducted on each of the following:
1. Stripping waste
2. Filtered TSP wash and rinse water, and personnel decontamination water.
3. Cleaning rags, mop heads, filters, etc.
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C, If TCLP test results show that any of the waste materials generated by the work contain five
parts per million (5 ppm) or greater total lead, the materials shall be disposed of as hazardous
waste.
4.2 SOLID WASTE (NON-HAZARDOUS) DISPOSAL
A. Waste which has been evaluated by TCLP and determined to contain less than 5 ppm total
lead can be disposed of as solid waste in an approved landfill.
B. Debris such as cleaning rags, mops, filters, etc" shall be disposed of in steel drums or
transferred to leak-tight, 6-mil polyethylene disposal bags.
4.3 HAZARDOUS WASTE DISPOSAL
A. Hazardous waste shall be disposed of at a hazardous waste disposal facility known as a
treatment, storage and disposal (TSD) facility. A TSD facility must have an EPA ill number.
. and authorization to operate. It is the responsibility of the Contractor to ensure that the TSD
facility meets all legal requirements.
B. Hazardous waste shall be transported to an approved TSD facility by a hazardous waste
transporter. Transporters must have an EPA ill number and must meet U.S. Department of
Transportation requirement for shipping containers.
C. The Contractor shall ensure that all methods and procedures utilized for solid or hazardous
waste disposal shall be in compliance with applicable EP A, OSHA, NIOSH, State of Georgia
guidelines; and the EPA's "Understanding the Small Ouantity Generator Hazardous Waste
Rules" guidebook.
4.4 WASTE DISPOSAL SUBMITTALS
A. Prior to disposal of any waste generated by the LBP abatement activities, the Contractor
shall submit the following:
1. Copies of TCLP test results and chains of custody forms.
2, Copy of a letter from the Contractor to the solid waste landfill where the non-
hazardous waste will be disposed of describing the materials that will be deposited
in the landfill, their lead content, and the disposal procedures to be utilized,
3, Copy of a letter from the solid waste landfill documenting they will accept the non-
hazardous waste described in the above letter.
4. If wastes are determined to be hazardous, a copy of a letter from the Contractor to
the TSD facility where the hazardous waste will be transported describing the
materials, lead content, and the disposal procedures to be utilized,
5. Copy of a letter from the TSD facility documenting they will accept the hazardous
waste described in the above letter and describing the disposal procedures to be to
be utilized.
6, Detailed procedures for the temporary storage, containerization, and transportation
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of the non-hazardous waste.
7, Detailed procedures for the temporary storage, containerization, and transportation
of the hazardous waste.
B. Copies of the Uniform Hazardous Waste Manifest for hazardous waste disposal must be
included in post-abatement submittal packages.
PART 5 -
PROJECT CLOSEOUT
5.1. DAMAGE REPAIR AND CLEAN UP
A. Any damage or destruction caused to surrounding structures and/or facilities by the
Contractor or his personnel due to negligence or the use of unauthorized abatement methods
shall be repaired or replaced by the Contractor at noadditional.cost to the Owner.
B, At the end of each shift, the Contractor shall execute a construction site clean-up to remove
all non-lead debris, waste, trash, etc" generated by the Contractor's workers.
C, Provide documentation as required in Division 1, Sections 01027 and 01700.
END OF SECTION
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