HomeMy WebLinkAboutGoshen Industrial Sanitary Sewer Extension
Augusta Richmond GA
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DOCUMENT TYPE:
YEAR:
)Q;0G
BOX NUMBER: J
FILE NUMBER: ) ~ G 7 ;)
NUMBER OF PAGES:
50
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BID DOCUMENTS
FOR
GOSHEN INDUSTRIAL
SANITARY SEWER EXTENSION
, PREPARED FOR:
AUGUSTA RICHMOND COUNTY
COMMISSION/COUNCIL
DATE:
January 3, 1996
PREPARED BY:
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AUGUSTA RICHMOND COUNTY
WATEFfAND SEWERAGE DEPARTMENT
2760 PEACH ORCHARD RD.
AUGUSTA, GEORGIA 30906
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TABLE OF CONTENTS
GOSHEN INDUSTRIAL
SANITARY SEWER EXTENSION
SECTION
Instruction to Bidders
Minority and Economically
Disadvantaged Business Support
Special Conditions
Agreement
General Conditions
Supplementary Conditions
Grassing
Proposal
PAGES
IB-l thru, IB-3
ME-l
SP-l thru SP-5
A-l thru A-4
1 thru 32
SC-l thru SC-2
TS-l'thru TS-2
P-l thru P-2
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INVITATION FOR BIDS
BID ITEM NO, 96-15
SEALED BIDS for the installation of sanitary sewer,
hereinafter referred to by project name as:
GOSHEN INDUSTRIAL
SANITARY SEWER EXTENSION
will be received by Augusta Richmond County Commission/Council
hereinafter referred to as the OWNER at the offices of:
Mrs. Ann Barker
Purchasing Department
Room 207
Augusta,Municipal Building
Augusta, Georgia 30910
until 11:00 a.m. on the 19th day of March , 19~, at
which all bids will be publicly opened and read in the presence of
those interested.
Copies of the Contract Documents may be examined and picked up
during regular business hours at the office of Augusta Richmond
County Water and Sewerage Systems, 2760 Peach Orchard Road,
Augusta, Georgia 30906.
A 10% bid bond is required: a 100% performance bond will be
required.
The OWNER reserves the right to waive any informalities and to
reject any or all bids.
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SECTION I B
INSTRUCTIONS TO BIDDERS
IB-Ol.
GENERAL
All proposals must be presented in a sealed envelope,
addressed to The Owner. The proposal must be filed with the Owner
on or before the time stated in the invitation for bids. Mailed
proposals will be treated in every respect as though filed in
person and will be subject to the same requirements.
Proposals received subsequent to the time stated will be
returned unopened. Prior to the time stated any proposal may be
withdrawn at the discretion of the bidder, but no proposal may be
withdrawn for a period of thirty (30) days after bids have been
opened, pending the execution of contract with the successful
bidder.
IB-02.
EXAHINATION OF WORK
Each bidder shall, by careful examination, satisfy
,himself as to the nature and location of the work, the conformation
of the ground, the character, quality and quantity of the
facilities needed preliminary to and during the prosecution of the
work, the general and local conditions, and all other matters which
can in any way affect the work or the cost thereof under the
contract. No oral agreement or conversation with any officer,
agent, or employee of the Owner, either before or after execution
of the contract, shall affect or modify any of the terms or
obligations therein.
IB-03.
ADDENDA AND INTERPRETATJONS
No interpretation of the meaning of plans, specifications
or other pre-bid documents will be made to any bidder orally.
Every request for such interpretation should be in
writing addressed to George McElveen, Richmond County Water &
Sewer, 2760 Peach Orchard Road, Augusta, Georgia 30906, ~nd to be
given consideration must be received at least five days prior":;to
the date fixed for the opening of bids. Any and all such
interpretations and any supplemental instructions will be in the
form of written addenda to the specifications which, if issued,
will be sent by certified mail with return receipt requested to all
prospective bidders ( at the respective address furnished, for such
purposes), not later than three days prior to the date fixed for
the opening of bids. Failure of any bidder to receive any such
addendum or interpretation shall not relieve such bidder from any
obligation under his bid as submitted. All addenda so issued shall
become part of the Contract Documents.
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IB-04.
PREPARATION OF BIDS
Bids shall be submitted on the form provided and must be
signed by the bidder or his authorized representative. Any
corrections to entries made on bid forms should be initialled by
the person signing the bid.
Bidders must quote on all items appearing on the bid
forms, unless specific directions in the advertisement, on the bid
form, or in the special specifications allow for partial bids.
Failure to quote on all items may disqualify the bid. When
quotations on all items are not required, bidders shall insert the
words lIno bidll where appropriate.
Alternative bids
s~ecifically called for..
will
not
be
considered
unless
Telegraphic bids will not be considered. Modifications to
bids already submitted will be allowed if submitted by telegraph
prior to the time fixed in the Invitation for Bids. Modifications
shall be submitted as such, and shall not reveal the total amount,
of either the original or revised bids.
Bids by wholly owned propriet.orships or partnerships
will be signed by all owners. Bids of corporations will be signed
by an officer of the firm and his signature attested by the
secretary thereof who will affix the corporate seal to the
proposal.
IB-OS.
BASIS OF AWARD
The bids will be compared on the basis of a total prices
as determine from extension of the individual items and their unit
prices which will include and cover the furnishing of all material
and the performance of all labor requisite or proper, and
completing of all work called for under the accompanying contract,
and in the manner set forth and described in the specifications.
Estimated quantities are included in the bid items of tne
proposal for the purpose of comparing bids. It is tne
responsibili ty of the contractor to notify the owner of any
differences in the quantities bid and those actually encountered in
the field. The actual payment will be based on the quantities in
place at proj ect completion. In case of error in extension of
prices, unit prices, as bid, will govern.
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IB-06.
BIDDER'S QUALIFICATIONS
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No proposal will be received from any bidder unless he
can present satisfactory evidence that he is skilled in work of a
similar nature to that covered by the contract and has sufficient
assets to meet all obligations to be incurred in carrying out the
work. He shall submit with his proposal, sealed in a separate
envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving
reliable information as to working capital available, plant,
equipment, and his experience and general qualifications. The Owner
may make such investigations as are deemed necessary to determine
the ability of the bidder to perform the work and the bidder shall
furnish to him all such additional information and data for this
purpose as may be requested. The Owner reserves the right to reject
any bid if the evidence submitted by the bidder or investigation of
him fails to satisfy the Owner that such bidder is properly
qualified to carry out the obliqations of the contract and to
complete the work contemplated therein. Part of the evidence
required above shall consist of a list of the names and addresses
of not less than five (5) firms or corporations for -which the
bidder has done similar work. .
IB-07.
PERFORMANCE BOND
At the time of entering into the contract, The Contractor
shall give bond to the Owner for the use of the Owner and all
persons doing work or furnishing skill, tools, machinery or
materials under or for the purpose of such contract,conditional
for the payment as they become due, of all just claims for such
work, tools, machinery, skill and materials, for the completion of
the contract according to it's terms for saving the Owner harmless
for all cost and charges that may accrue on account of the doing of
the work specified, and for compliance with the laws pertaining
thereto. Said bond shall be for the amount of the contract price.
The surety must be a substantial surety company satisfactory to the
Owner and authorized by law to do business in the State of Georqia.
Attorneys-in-fact who sign bonds must file with each copy
thereof a certified and effectively dated copy of their power of
attorney. .,:~:,
IB-OB.
REJECTION OF BIDS
These proposals are asked for in good faith, and awards
will be made as soon as practicable, provided satisfactory bids are
received. The right is reserved, however to waive any informalities
in bidding, to reject any and all proposals, or to accept a bid
other than the lowest submitted if such action is deemed to be in
the best interest of the Owner.
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MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It, is the intent of the Augusta Richmond County
commission/Council to increase the involvement of qualified
minority and economically disadvantaged business in the contracted
work of Augusta Richmond County Government.
In a effort to support this intention, this project is offered
to all qualified firms. The bids will be evaluated based on
qualifications, price and construction time. with all other items
being considered equal, the contract, if awarded~ will be awarded
to a minority and economically disadvantaged firm that has included
such firms as subcontractors on this project.
The bidders shall include with their bid a statement of
qualification for themselves and/or any qualified subcontractors
explaining why they should be considered a minority or economically
disadvantaged firm. If the firm does not fall into this category,
no information is necessary.
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SPECIAL CONDITIONS:
SCOPE:
This project covers the installation of approximately 2,972 LF
of sanitary sewer with the associated manholes, services, and
appurtenances in accordance with the attached plans and these
specifications. The contractor shall supply all materials,
equipment, labor, supplies and supervision necessary to properly
complete this project as specified. The.contractor is responsible
for obtaining all permits and licenses, paying all fees and
complying with all local, state and federal requirements.
SPECIFICATIONS:
This ,project is based on and shall be constructed in
accordance with the state of Georgia Department of Transportation
standard Specifications for Construction of Roads and Bridges, 1993
Edition, the Richmond County Water and Sewer Standard
Specifications OSHA requirements, and the attached specifications.
All of these specifications shall be considered as though fully
contained herein. In all cases where conflicts arise within these
specifications, they will be revised to resolve such conflict.
until the conflict is resolved, the adherence to the application of
the stricter of the specifications shall control the situation.
DETAILS:
, Standard drawings of Georgia Department of Transportation and
Richmond County Water and Sewer Department will be used for all
detail work unless otherwise specified.
RIGHT OF WAY:
The contractor shall not perform any work outside the limits
of the right of way except where specific additional easements are
shown. In addition, no equipment or material shall be placed
outside the right of way without written permission of the property
owner and the Engineer's representative.
DESIGN ALTERNATIONS:
The owner recognizes the various changes in design, along with
added detail drawings may be made as the project progresses. Any
requests for additional payment will be processed based on actual
work in place and the unit prices submitted as a part of this bid.
Items not covered shall be priced separately and no work will be
done on these, items until approved, in writing by the owner's
authorized representative.
DRIVEWAYS:
All driveways shall be repaired in kind. Payment for this
work is included in the item Lump sum Construction.
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PIPE:
The installation of the pipe shall include all excavation,
materials, placement, fittings, connections, backfill, testing and
acceptance. It shall also include removal of existing pipe.
PVC sewer pipe meeting ASTM 0304, SDR 35 shall be used for all
pipe except where specified otherwise.
Ductile iron pipe shall be used in the following locations:
a) When the sewer will be within 2 feet vertically of a
storm sewer pipe or ditch bottom.
b) When the cover above the pipe is less than 4 feet.
c) The last joint of pipe into a manhole with any drop
greater than one foot.
d) The construction of an inside drop.
e) For all 1811 and 2011 sanitary sewer pipe.
PRECONSTRUCTION:
A pre-construction meeting will be held to discuss the,
procedures to be followed. Date and time of this meeting will be
set after ~ward of the bid.
FIELD LOCATION:
All items shall be located in the field and confirmed with the
County Representative before they are excavated or installed.
ROAD CUTS:
All work shall be by open cut due to critical grades. the
contractor shall repair the road as specified by Richmond County
Department of Public works in accordance with the conditions of the
utility encroachment permit. The contractor must obtain the permit
before beginning construction. This requires an overlay of the
entire roadway width for a distance of 25 feet beyond each end of
the cut. No extra payment will be made for the overlay beyond t~~
end of the cut. ""
The contractor shall repair the cut prior to the overlay in
accordance with the standard cut repair specified by Richmond
County.
CONSTRUCTION LAYOUT:
Construction layout work shall be performed by the Contractor.
See section 149 of the Standard specifications.
EXCESS MATERIAL:
All excess material is to be disposed of as directed by the
Engineer.
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FINISHING AND DRESSING:
All unpaved and .n~tural areas which are disturbed by the
construction of this project are to be returned to the pre-existing
shape and slope and then finished and dressed.
Existing creek and channels shall be maintained to carry s~orm
water at all times except when it is necessary to work in them. At
the completion of each day's work, the creek and channels shall be
clear and able to handle storm water flow. At the end of the
project, the contractor shall insure that the creek and channels
are graded to flow, grassed, and fertilized in accordance with the
specifications.
FOUNDATION AND BACKFILL, TYPE I:
Foundation Backfill Material Type I shall conform to Georgia
standard 1030-D. No separate pay item will be made for this
material or its placement.
TRAFFIC CONTROL DEVICES:
The contractor shall provide 'all temporary traffic control
devices needed to safely direct traffic through the construction
area. The contractor shall replace all signs that may be moved as
a result of the construction.
All temporary traffic control devices are to be placed in
accordance with GA. D.O.T. Standards and specifications.
TRAFFIC DETOURS:
The contractor shall so conduct his operations that there will
be a minimum of interference with or interruption of traffic upon
and along the highway. This applies to the initial installation
and the continuing maintenace and operation of the facility. At
least one-way, alternating traffic shall be maintained at all times
unless approved otherwise by the Engineer. As a minimum, .the
contractor must comply with the manual on Uniform Traffic Control
Devices, current edition and Georgia Standard 9102.
If detours are required, they shall be approved by Augusta
Richmond County Public Works prior to implementation.
TRENCHING:
This project calls for installation of 8" & 10" sewer pipe by
the open-cut or trenching method. The depth of open trench varles.
The work shall be so scheduled that not more than 500 feet of
trench shall be open at one time. The contractor is cautioned to
use proper and safe construction methods in construction of this
project.
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UTILITIES:
The Contractor's attention is directed to the probability of
encountering public and private utility installations consisting of
sanitary sewers, water, sprinkler systems, ornamental light
systems, gas and underground telephone cables that either are
obstructions to the prosecution of the work and need to be moved
out of the way or, if not, must be properly protected during
construction. No separate payment ,viII be made for this work.
MEASUREMENT AND PAYMENT:
Measurement and payment shall be made in accordance with the
Standard Specifications on a unit price basis. The quantities
included in the schedule of items are approximate and subject to
change. All changes will be made at the unit price, as bid.
SAFETY:
The Contractor shall comply with all local state and federal
requirements for, the safe prosecution of the work. Special measures,
shall be taken to protect the property owners, their guests,'
children and pets.
OFFICE AND TELEPHONE:
The Contractor will maintain a local office and provide the
Engineer with a telephone number and address where' he or his
authorized representative can be reached at any time.
TEMPORARY WATER:
The Contractor shall furnish all temporary water connections
for testing and other purposes. The Owner will supply the water at
no cost to the Contractor except as may be indicated elsewhere in
the specifications.
SPACE CONDITIONS:
All equipment, piping, etc. shall fit into available spaces
and shall be installed in such a manner as to conform to the space
limitations. All equipment - and apparatus normally requiring
operation, servicing or maintenance within the life of the system
shall be made easily accessible.
OPERATION AND STORAGE AREAS:
The location of all operations of the Contractor (including
storage of materials) shall be approved by the Director of the
Richmond County Water and Sewer Department.
PRESERVATION OF EXISTING VEGETATION:
The Contractor will exercise caution in protecting trees,
shrubs and grass on private property contiguous to the work area.
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EXISTING STRUCTURES AND UTILITIES:
The existence and location of structures and underground
utilities indicated on th~ drawings are not g~aranteed and shall be
investigated and verified in the field by the Contractor prior to
commencement of work. The Contractor shall be responsible for the
maintenance and protection of existing utili ties and structuri~S
regardless of whether or not they are shown on the drawings.
AS-BUILT DRAWINGS:
The Contractor shall furnish to the Engineer a reproducible
"As-Built" record showing all modifications from the Contract
Drawings. These marked up sets shall include actual dimensions from
permanent markers accurately locating all underground piping and
clean outs.
COORDINATION OF WORK WITH OWNER:
The Contractor shall coordinate and schedule his work such,
that no conflict will exist with the Owner in the operation of his
facilities.
OTHER:
All items of construction included on the plans and not
specifically covered elsewhere shall be paid for as a part of Lump
Sum Construction.
6" SERVICES:
6" Services shall be installed at the unit price as bid, with
one cleanout for each service. The location of services shall be
determin~d in the field by the Owner's representative. The unit
price includes all labor, pipe, fittings (wyes, plugs, etc...),
excavation, backfill, pavement repair, boring or other work and
material required to install these services.
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SECTION A
AGREEMENT
THIS AGREEMENT, made on the day of , 19___, by
and between Auqusta Richmond County Commission/Council
party of the first part, and l-Io..,.JJtf PluM/II-,., C-D, J r~C.
hereinafter called the CONTRACTOR. J
WITNESSETH, that the Contractor and the Owner,' for the
consideration hereinafter named, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all the materials and
all of the equipment and labor necessary, and to perform all of the
work shown on the plans and described in the specifications for the
project entitled:
Goshen Industrial
Sanitary Sewer Extension
and in accordance with the requirements and provisions of the
Contract Documents as defined in the General and Special Conditions
hereto attached, which are hereby made a part of this agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work performed under this Contract shall be commenced
within ~ calendar days after the date of written notice by the
Owner to the Contractor to proceed. The work shall be completed
within ~ calendar days after the date of such notice and with
such extensions of time as provided for in the General Conditions.
It is hereby understood and mutually agreed, by and between
the Contractor and the Owner, that the date of beginning, rate of
progress and the time of completion of the work to be done
hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor
agrees that said work shall be prosecuted regularly, diligently,
and uninterruptedly at such rate of progress as will insure full
completion thereof within the time specified. It is expressly
understood and agreed by and between the Contractor and the Owner,
that the time for the completion of the work described herein is a
reasonable time for completion of the same, taking into
consideration the average climatic range and construction
conditions prevailing in this locality.
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IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE
THE WORK WITHIN THE TIME ~fREIN SPECIFIED, th~n the Contractor does
hereby agree, as a part of the consideration for the awarding of
this Contract, to pay the Owner the sum of $100.00 per day, not as
a penalty, but as liquidated damages for such breach of contract as
hereinafter set forth, for each and every calendar day that the
Contractor shall be in default after the time stipulated in the
Contract for completing the work.
The said amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages
the Owner would, in such event, sustain, and said amounts shall be
retained from time to time by the Owner from current periodical
estimates.
It is further agreed that time is of the essence of each and
every portion of this Contract and the specifications wherein a
def ini te portion and certain length of time is fixed for the
performance of any act whatsoever; and where under the Contract an
additional time is allowed for the completion of any work, the new
time limit fixed by extension shall be the essence of this
Contract.
,ARTICLE III - PAYMENT
(a) The Contract Sum
The Owner shall pay to the Contractor for the performance of
the Contract the amount as stated in the Proposal and Schedule of
Items. No variations shall be made in the amount except as set
forth in the specifications attached hereto.
(b) Proqress Payments
On not later than the fifth day of every month, the Contractor
shall submit to the Owner's Eng ineer an estimate covering the
percentage of the total amount of the Contract, which has be~n
completed from the start of the job up to and including the l~st
working day of the preceding month, together with such supportihg
evidence as may be required by the Owner and/or the Engineer. This
estimate shall include only the quantities in place and at the unit
prices as set forth in the Bid Schedule.
On 'not later than the fifteenth day of each month, the Owner
shall after deducting previous payments made; pay to the Contractor
90% of the amount of the estimate on units accepted in place. The
10% retained percentage may be held by the Owner until the final
completion and acceptance of all work under the Contract.
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ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(a) Upon receipt of_written notice that ~he work is ready for
final inspection acceptance, the Engineer shall within 10 days make
such inspection, and when he finds the work acceptable under the
Contract and the Contract fully performed, he will promptly issue
a final certificate, over his own signature, stating that the work
required by this Contract has been completed and is accepted by him
under the terms and . conditions thereof, and the entire ba lance
found to be due the Contractor, including the retained percentage,
shall be paid to'the Contractor by the Owner within 15 days after
the date of said final certificate.
(b) Before final payment is due, the Contractor shall submit
evidence satisfactory to the Engineer that all payrolls, material
bills, and other indebtedness connected with work have been paid,
except that in case of disputed indebtedness or liens the
Contractor shall submit in lieu of evidence of payment a surety
bond satisfactory to the Owner guaranteeing payment of all such
disputed amounts when adjudicated in cases where such payment has
not already been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall
constitute a waiver of all claims by the Owner, other than those
arising from unsettled liens, from faulty work appearing within 12
months after final payment, from requirements of' the
specifications, or from manufacturers' guarantees. It shall also
consti tute, a waiver of all claims by the Contractor except those
previously made and still unsettled.
(d) If after the work has been substantially completed, full
completion thereof is materially delayed through no fault of the
contractor, and the Engineer so certifies, the Owner shall upon
certification of the Engineer, and without terminating the
Contract, make payment of the balance due for that portion of the
work fully completed and accepted.
Each payment shall
governlng final payment,
waiver of claims.
be made under the terms and conditions
except that it shall not consti tute':a.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement
in three (3) counterparts, each of which shall be deemed and
original, in the year and day first mentioned above.
By:
COMMISSION/COUNCIL
AUGUSTA
(Owner)
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Title:
Count
Commission/Council
SEAL
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TilE CINCINNATI INSURANCE COMPANY
CINCINNATI,OIlIO
Bid Bond
PUBLIC CONTRACTS
KNOW ALL MEN BY THESE PRESENTS, that we Hardy Plumbing Company, Inc.
as Principal, hereinafter' called the Principal, and THE CINCINNATI INSURANCE COMPANY, a corporation duly
organized under the laws of the State of Ohio, as Surety, hereinafter called the Surety, are held and firmly bound unto
Augusta Richmond County Commission/Council
as Obligee, hereinafter called the Obligee, in the sum of
Ten Percent of Bid Dollars ($'10% of bid ),
for the payment of which sum well and truly to be made, the said Principal and 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
Goshen Industrial Sanitation Sewer Extension
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein for
acceptance (60 days if no period is specified) and the Principal shall enter into a contract with the said, Obligee in accordance
with the terms of said bid and give bond for the faithful performance thereof within the period specified (30 days if no period
is specified); or if the Principal shall, in the case of failure to'do so, indemnify the Obligee against any loss the Obligee may
suffer directly arising by reason of such failure, not to ,exceed the penalty of this bond, then this obligation shall be null and
void; otherwise to remain in full force and effect.
Signed and sealed this 19th day of March
, 1996 .
Horrly Plllmhing Company, Inc.
(principal)
(Seal)
BY~
(Title)
THE CINCINNATI INSURANCE COMPANY
(Seal)
BY:~l~~ C >>-. Q ~
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Attorney-in-Fact
$-2000 (8/88) PUBLIC
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'I'''': ('Ii:( 'INNATI INSUI(,\i-..JCE COMPANY
1::lirl'icld, ( Ilti"
j'O"'EI{ OF ATT()({NEY
KNOW ^LL T\'IEN BY TIIESE I'HESI:NTS: Th:i1 '1'111: CINCINNATI IN~';III~^NCE COMP^NY, IIl:OrpOflllioll orgallized lindeI' lhe I:\\\'~,
lit' Ihl' Slllle ot' Ohio, IIl1d hllving il.'; prirlt'il':d ,dike ill Ihc Cily ,,!, Fairlicl,I, I, Ihin. does hereby cOllslilute 1I1111 IIppoint
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(If AlIgus to, Georgia ils true alltll:\wful ^tIOl'llcy(s)-ill,F;let (0 Si&II, execlllc, Sl':I1
IIl1d deliver Oil its hchalf liS SUlcty, alld as il~: al'l :uld tln.tI, 1111)' alld all IH'IIds, policies, UndCl'llIkillgs, or other like inslrulllellls, liS follull's:
^ 11 Y !: tI C J I I ," J i 1'.: I ti OilS Jill h {' 1I1d. l.: c tI S tat e s, up to
F:lfteclI ~1:i.IJJ(!I1 :11lL! No/lOO DoJI;Jrs ($15,000,000.00).
This IIflfloillllllellt is rlladt' lllllkr alld Io.v :1I111t"ril.\' PI' Iltl~ f"II(I\I'illl' I<,solulioll passed hy lhe Board of J)ircclllrs or Sllid CUIIIP:III.\' 111
II IIH,,'tillf.! hL'ld ill the principIII pllicc "I' Ih,' ('''lIlJ':lIIY, a 11110111111 hl'illl~ 1'I,,'~"'II1 :IIId votillg, Oil lhe 61h day of Decclllher, Ill.'>X, 'which
l'Csplulioll is ,still ill cfret'l:
"I~F.S(H.VEI), lhallhe l'residl'1I1 or :111,1' Vi"" l'Il";idl'lIl I>c 11<'1<'1>\ :tllllllllil<~d, Illld l'IIII){)wel'cd to appoillt ^11(lrneys-ill-Fa"1
or the" Cillftpall)"lu Cxel'lIle allY alld :dl ('ollds, policies, 1lllIl"llal;illgs, "'1' olher like illsll'umclIls Oil hehalf' of Ihe
Corporalioll, n/ld Ilia)' aUlhori!e :111.1' 'Mil','r or :111.1' ~lIch i\lIornn" ill-Fact to affix lhe corpurate seal; al1lllllay wilh or
Will\{ltlll'allsc IlIodif)' or revlI!:t' ally ';lIdl :'1II'Oillllllcrll llI' aUlllor il.", 1\11.1' sllch wrili/lgs so execuled by such Allorllt'ys,ill'
Fact shall he hi/ldillg UpOII 111,' ("'"'1':1"1' :I': if Illl')' h:ld I>CL'II dllll' I'XtTIII,'d a/ld ack/luwledgeu by Ihe regularly e1eclcd
officers of the Compa/lY."
This Power of Allorlle)' is ~irllcd :llId s,':dl'd 11.1' I:ll'silllik IIl1dn :1,"1 II)' lhe aUlhorily of the folluwillg nt'mhllillll adopted h)' Il1e
lI":lId or Dill'l'lors of Ihe CUlllp:lIlY al a 1l1l~1'lill:' dilly c:dlnlalld IIe1d 1111 IIa" '7'" day of Decelllher, 1<.173,
"I~ESOLVE[), Ihal Ihe sigllatllre "I' 'Ill' I',,:sidelll (If' a Vice 1'II:sidI.'1I1 alld llle seal of Ihe CumpallY lIla)' be alTi:\cd by
racsilllile 011 all)' power of :111(11111',\' !~J:llltl'd, :lIld llal: sigllaliln: 01'1111' ~;cnelary alld Trcasurer IIlld the seal or Ihe COIlIJl:lII)'
IIlay be affixed h)' facsilllile to all)' n:llilic:lIL' or :111.1' sllch !,o\\'er :tllll allY sllCh power ofccrlificale beal'illg such facsilllilr.
sigllature alld seal shall he valid alld I>i lid i III,: "II the COIII!,all)', ^",1' su<.:II power su executed allll scaled a/ld cCrlified hy
I'CI";riC:IIC ,so execuled :uld se:dl'd sll:dl, \\'illl 1,('''I'cet 10 all)' hOlld "I' ulldel'lakillg 10 which il is attached, cOlltillue 10 he
I':tfid alld hi/ldillg Oil the (:111111':111.1""
IN WITNESS \VrIEf~EOF, TilE ('II\)( 'INN,\TI INSl/l{/\NCI: (.'OT\JI'ANY has caused these presellls 10 he scaled with ils
corporate seal, duly allestcd by ils Selli"l Vil'l.' l'Il":id('lIt Ihis 1,1111 d,,)' Ill' '\''1il. I ')1M,
STATE OF OlI!O
('()lINTY OF l\lITLER
ss:
M:;:e;jf::~:;,t
Sellior Vict: I'JeSide';~-~"-
011 this 1.I,Ii d"y of ^p..il. 1'"',1,1>"""11' Ill(' ('''"I(' ,lil' :d'''I'l'-II''"I''oI ~;l'lIillr Vil'C Presidcllt,of TIlE CINCINNATI INSlIlt^NCI'.
COl\ll'^NY, IOllle p('l'sollnll.l' 1;11011'11 It, "<' IIa,' "rlil'n d,,~;(...ihl'd Ill'II'ill. IIlId "ekll(JII'lcdgcd lhllllhe selll illTixed 10 the pn:cedillg illsll'llllll'lIl
is the CIlIpl)r:lI(', ,~eal, of said ClIIlIP""-I' :11111 Iii,' ('(JII'''I "IL' seal "lid llie ~;il-'II"IIIIC Ill' llie officer were duly arrixed a III I suhset ihl'll III said
illSlllllllC'11t In'.lllt: IIIlllillr;ly lIlld direcli,," "I s"itl <''''I'''''''li,,".
,.- " ':;::;i:.;;',:;!;~;~;j'".: ,'"
~?\"~"'
o
"', .fL......
..."...'j.....
HENI~Y G. 13ERLON. ^ilorllc.I' ^I Law
NOlary Puhlic Slall' of Ohio
M)' COllllllissiOIl has IHI e,\piralillll dalC,
Sectioll 147,().1 Ie c.
., ".
," .; . "", t ~. '.' ..". \
".,,1: llie 11l1lkrsiglH:'li SCtTct:II,I' :llId TIC:I::'"l'I' (Jf TI II: CI1'J(INNATI II'JSLJR^NCE COMPANY. herehy cL'I'I;f)' ,lial llie alllOl'c is a
1..111' "lid !.'Il1'lCt:l'C('I'y"of llie Ori~ill:d "'\\\'C1 "I' ;\11,"",-,.1' 'iSSllcd ".I' said ('''llIpall)'. :1111.1 till licrehy rUrlher cerlify llial llie said "()\vCJ' "I
AllolIIl'Y is slill ill full force alld cfkcl.
Ihis
(i/VEN lI11dcrll')' h:llld :llId sl'al "I' s:lid ('lIll1l':IIIY :II Fairfield, (Iliill,
19th day or March I I) 96 '
,-~L&.~~h'__'
Senl'lary and Trc:lsurcr
IlN illll) (.11'111
" 'r
TilE CINCINNATI INSURANCE COMPANY
('IN('JNNkl'l,0I110
PERFORMANCE BOND
Appruved by The American Institute of Architects
A.I.A. Oocument No. A,311 (February 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS:
That -,--Har_dy----.E.lumbing.....c.ompany_,_Inc~
as Principal,
hl!reinafter called Contractor, and THE CINCINNATI INSURANCE COMPANY, a curporation uqlanized and existing under the laws of the State of
Ohio, as Surety, hereinafter called Surety, arc held and fillnly bound untu
,------_-Aug,UB-ta....RichmoncL_Co.un.ty_,Commis,sion /-Counc i 1
as Obligee, hereinaftr.r call1!d OWIll!r, in the amuunt of S,ey.en.ty_E.oll r
_Thousa nd_ E,i.v.e,_Hund~ed-Se.v..ent-Y_S,ix_&i?_LLO_o.=-=--=-=-=--=-=--=-= 0 ullars ($_7.A_,_5_L6_~4.5... ),
fur the paymeot whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these pmscnls,
WHEREAS, Contractor has by written agrl!l!ment dated __~_,____ 19__, entered into a contract with Owner for
Goshen Industrial Sanitary Sewer Extension
in accordance with drawings and specifications prepared by __,_,_O_w.n.eL
(Here insert full name, title and address)
, wh ich contract is by reference made a part
hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE C'ONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,
then ,this ob igation shall be null and void, otherwise it shall remain in full force and effect. ,
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor s~all be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations
thereunder, the Surety may promptly remedy the default, or shall promptly
(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the
lowest responsible bidder, or if the Owner electsbupon determination by the Owner and the Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and wner, and made available as Work progresses (even though there should be a default or a
succession of defaufts under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the contact price; but not exceeding, including other costs and damages for which the Surety may be liable
hereundcr, the amount set forth in the first paragraph hereof. The terrn "balance of the contract price," as used in this paragraph, shall
Illean the total amount payable hy Ownl!r to Contractor under the Contract and any amendments thereto, less the amount properly paid by
Ownl!r 10 Contractor.
due.
Any suit 1I1Htm this bond must he institutl!d before the expiration of two (2) years from the date on which final payment under the Contract falls
No right I!f action shall accrue on this honrl to or for the use of any person or corporation other than the Owner named herein or the heirs,
executors, adlllll1lstrators or successurs of the Owner.
-
..". "\ ~ig[le~aQ.d sealed this __
,,'\ . '.1
/~
~'. :~'"~~ ~~':~ ~-~---~~-~-
~ -\-: -0 ~'~t~s)
, ~ -
'/-. /.-\
"", .,\ '\
~~ -----
(Witness)
...JL~
day of
If-{>nJ
. 19!1b.
By
(Seal)
By
__ (Seal)
S,2100,AIA
formerly S,697.P &. S-2040
,..
,
-.
;
THE C~NCINNATI INSURANCE COMPANY
C1NCINNA T1, 01110
lABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects
A,I.A. Document No. A,311 (February 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS:
That -1i?rdy PI uglbinq CompaIlY...I._.I n_c....!.____..____.
as Principal,
hereinafter called Principal, and THE CINCINNATI INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Ohio,
as Surety, hereinafter called Surety, are held and finnly bound unto _,__.._______
_ Augusta Richmond County Commission/Council
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of _oS..e..'Le,n.ty-_E.o..ur___
--_Thou sand ..F.ive.,_Hundr.ed,_Sey enty....Si x.., & ,_!.?.lJJLO...-=--=.=_=_:::=-_,,:_ Dollars ($_'Z..4-,--~. 7 6_~_1..?._..____ ..,---) ,
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presen ts.
W~IEREAS, Principal has by written agreement dated _______.....---"-_____,______,__,_... 19___, entered into a conlract with OWller for
Goshen Industrial Sanitary Sewer Extension
in accordance with drawings and specifications prepared by
Owner
(Here insert full name, title and address)
, which contract is by reference made a part
hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly make paynlP.nt to all claimants as
herninafter defined, lor all (abor and materialusetl ur reasonably reqnired for use in the performance of the Cont.ract, tlwn this obli!lation shall bl! vuitl;
otherwise it shall remain in full force and effect, subject, however, to the following conditions:
(1) A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both,
used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas,
power, li~Jht, heat, oil, gasoline, telephone service or rental of equilllnent directly applicable to the Contract.
(2) The above,nall1ed Principal and Surety hereby jointly and severa Iy agree with the Owner that every claimant as herein defined, who has not
been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was
done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to
final judgrnent for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the
payrnent'of any costs or expenses of any such suit.
(3) No suit ur aclion shall be commenced hereunder by any claimant,
(a) Unless c1aimantl other than one having a direct contract with the Principal, shall have given written notice to any two of the following:
The Principal, t 1e Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work
or labor( or furnished the last of the matl!rials for which said claim is made, stating with substantial accuracy the amount claimed and the
nilml! 0 the party to whom Ihe Inilterials were furnished, or for whom the work or labor was dOll!! or performed. Such notice shall be
served by mailinll the same by reg,iste~ed mail or cer~ifie~ mail, postage prepa!d, in an e~velope address~d to the Principal, Owner or
Surety, at any place where an olllce IS regularly mall1talned for the transaction of busll1ess, or served In any manner m which legal
process may be servl!rl in the stMe in which the aforesaid project is located, save thilt such service need not be made by a public ollicer.
(b) Alter the expiratiun of one (1) yeilr fullowing the date on which Principal ceased work on said Contract, it beinQ understood, however
thilt if any IHllitiltion embodied in this bond is prohibited by ailY law controlling the contraclion hen!of such limrtation shall be deemed
to be amended so as 10 be equal to the minimum period of limitation permitted by such law.
(e) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the
project, or any part thereof, is situated, or in the United States District Court for the dislmt in which the project, or any part thereof, is
situated, and not elsewhere.
(4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such
lien be presented under and against this bond.
Signed and sealed this / J+It day of ilp.uJ , 19_%_
.,.... '.~
,.... ,
::.....,,'
B
-
....
-:
~
,~
'~(.. -,"
IS- -""",-::' ~J ~ \ ~
"-Y~_",~_,-.",,~,___..
(Witnessl
, (Seal)
This bond is issued sinlllltaneously with performance bond in lavur of the Owner conditioned on
S,2150,AIA
forlnr.rly S.697,L & S.2041
"
oJ .'
TilE CINCINNATI INSUnANCE COMPANY
i
rairfield, Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: Thai THE CINCINNATI INSURANCE COMPANY, n corporation organized under 'the laws
of the State of Ohio. and having its principal office in the Cily of Fairfield, Ohio, does hereby constitute and appoint '
Roy Scarborough, Jr.; Eugene A. Cronic; Suzy M. Dekle;
Michael G. Shelton and/or Alicia J. Rhoades
of Augus ta, Georgia its true and lawful Allorney(s)-in-Fact to sign. execute, seal
IInd deliver on its behalf as Surety, and as its act and deed, Imy and IlII bonds, policies, undertakings, or other like instruments. as follows:
Any such obligations in the United States, up to
Fifteen Million and No/lOa Dollars ($15,000,000.00).
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company 111
n meeting held in the principal office of Ihc Company, a quorul11 being present and voting, on the 6th dny of Dccember. 1958, which
resolution is still in effect:
"RESOL VEl), thatlhe President or any Vice President be hereby aUlhorized, and cmpowered to appoint Allorneys-in-Fact
of the Company to execute any and all bonds, policies. undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Allorney-in-Faet to nffix the corpOnlte seal; and may with or
without cause modify or revoke any such appoinlment or authority. Any such writings so executed by such Allorneys-in-
Fnct shall be binding upon the Company as if Ihey had been duly execuled and acknowledged by the regularly ejected
officers of the Company."
This Power of Allorney is signed and scaled by facsimile under and by the lllnhority of the following Resolution adopted by the
Bonrd of Directors or the Company at a meeting duly called llnd held on the 7th day of December, 1973.
"RESOL VED, tlmt the signature of Ihe President or a Vice President and the seal of the Compnny may be affixed by
facsimile on nny power of nttorney granted. and the signature of the Secretary and Treasurer and the seal of the Company
may be affixed by fncsilllile to nny certificate of any such power nnd any such power of certificate benring such facsimile
signnture nnd seal shall be valid and binding on the Company. Any such power so executed and scaled and certified by
certificate so executed nnd sealed shall, with respect to any bond or undertaking to which it is allached, continue to be
valid and binding on the Company."
IN WITNESS WHEREOF. THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its
corporate seal, duly nttested by its Senior Vice President this 141h day of April, 1994.
~~~:CECOMPANY
Senior Vice PresidClll
STATE OF OHIO ) ss:
COUNTY OF BUTLER )
On this "lth day of April, 1994, hl'f\lre l1Ie came the abovc-named Senior Vicc Presidenl of TilE CINCINNATI INSURANCE
COMPANY, to l1Ie pel'sonolly known to be the officer described herein. ond acknowledged that the senl affixed to the preceding instrument
is the cor~.9rale! ,<;ealf,of soid Company and the corporate seal and the signature of the officer were duly nffixed ond subscribed to said
instn~!~.lctJ\~\~)\ Ihe..nu~!lo,r.i,t~ and direction of s:'lid corporation.
t;}~~~!;!~~~@~.,;,. ......
~',", ' .'.~', . . . .
I .' .~'" ~. \i... '",;~' 1, i ".' . .' ."
~"?\"~'^ 0
HENRY G. BERLON, Attorney At Law
Notary Public State of Ohio
My commission hos no expiration date.
Section 147,03 R. C.
'., '. . : :' '. ,~'. t' ...'. . I . ,"' .)
",,:.;J,: the ~indersigne'J Secretary and Treasurer of THE CINCINNATI INSURANCE COMPANY, hereby certify thalthc above is a
true and Correat 'coJij"of the Original Power of Attorney issued hy said Company. and do hereby further certify that the said Power of
Attorney is still in full force and effecl.
this
GIVEN under my hand and seal of s;lid COll1pany al Fairfield. Ohio.
dilY of It)
~~
Secretary and Treasurer
BN-I~)(l~ (,IN./I
A4~4.ltl,.e
-~'~~'.'
Roy Scarborough & Assoc., loe,
DBA Sherman & Hemstreet Agency
P. 0, Box 10106 '
Augusta GA 30903-2706
(MMIllDIYY)
04111/98
nus CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON lliE CERTIFICATE HOLDER, llilS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER lliE COVERAGE AFFORDED BY lliE
POLICIES BELOW.
PRODUCER
Hardy Plumbing Co Inc
4192 Belalr Frontage Rd,
Augusta
GA 30909
COMPANIES AFFORDING COVERAGE
COMPANY A CINCINNATI INSURANCE CO.
LETTER
COMPANY B CINCINNATI INDEMNITY CO.
LETTER
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
INSURED
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW A VE FOR 0
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION UMITS
LTR DATE (MMlDDIYY) DATE (MMlDDIYY)
A GENERAL UABIUTY Cpp 046 67 90 04103J96 04103197 GENERAL AGGREGATE $ 500000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG, $ 500000
CLAIMS MADE o OCCUR. PERSONAL & ADV, INJURY $ 500000
OWNER'S & CONTRACTOR'S PROT, EACH OCCURRENCE $ 500000
FIRE DAMAGE (Anyone fire) 10??oo
MED, EXPENSE (Anyone person) 5000
A AlITOMOBlLE UABIUTY CPP 046 67 90 04103198 04103197 COMBINED SINGLE
1000ooo
X AN'( AlITO LIMIT
X ALL OWNED AlITOS BODILY INJURY
X SCHEDULED AlITOS (Per person)
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE
EXCESS UABIUTY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
B AND WC1809717 04103198 04103197
DISEASE, POLICY LIMIT
' EMPLOYERS' UABIUTY
DISEASE ' EACH EMPLOYEE
OTHER
A INLAND MARINE COVERAGE- CPP0466790 04103J96 04103I97 250000
CARGO
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESlSPECIAL ITEMS
_.~~.:..~_~\)~.,' .,~', 4/~J, ~ ~ ',J- ,.:,/. "_~~~."'''~_r.J''~:; ':.,
AUGUSTA RICHMOND COUNTY COMMISSION/COUNCIL
530 GREENE SmEET
ROOM 108
AUGUSTA GA 30901
GENERAL CONDITIONS
~~
,;".
"'.
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number Title
DEFINITIONS .".........,.....,.., ,..... ...',...,.... ........ ..,..
2 PRELIMINARY MATrERS .................................,......
3 CONTRACT DOCUMENTS:
INTENT, AMENDING AND REUSE.,............................,
4 A V AILABILITY OF LANDS: PHYSICAL CONDlTIONS:
REfERENCE POINTS..". ..,.....,.,.......,.,.,.....,..;,...,..,.
5 BONDS AND INSURANCE........................................
6 CONTRACTOR'S RESPONSlBILlTIES ...........................,
7 OTHER \VORK ...,.,.....".,....,.".."..,..............,....,..,
8 OWNER'S RESPONSlBILITIES ..,....................,............
9 ENGINEER'S STATUS DURING CONSTRUCTION ,.............
10 CHANGES IN THE WORK ..........,..............................
II CHANGE OF CONTR/\CT PRiCE,.................,...............
12 CHANGE OF CONTRACT TIME,..........,....,..................
\3 WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK...,.......................
14 PAYMENTS TO CONTRACTOR AND COMPLETION ,........",
15 SUSPENSION OF WORK AND TERMINATION ,......,.,.,...",
16 ARB ITRA TION ,........."..".".......,...,...,...,.....,..."...
17 MISCELLANEOUS.....",.,...,..,..,...,........,............ ....
3
Page
7
8
9
10
II
14
18
19
\9
21
2\
24
24 ,
.', ~
,"'.
26
29
31
32
"
,)
INDEX TO GENERAL CONDITIONS
Anicle or Paragraph
Numbu
Acc~pt:lnce of Insurance .....,.......H............., 5,13
Access to the Work ...................HH........... 13,2
Addend:l--<1efinition of (see definition of
Specific:ltionsl . ....,........... ".,.,'...,...,. ......., I
Agreemenl--<1efinition of .,....... H..".. .......' . . . . ... 1
All Risk Insur.lnce H..".....H.:...........,....".". 5.6
Amendment. Writlen ..,....H.....'..H..H.."'. 1,3.1.1
Application for Payment-definition of .,......,....'..'. I
AppliC:ltion for Payment, Final ....,..,."....,....'. 14.12
Applic:nion for Progress Payment ... H H'" H...' H" 14,2
Applic:ltion for Progress Payment-review of ..'. 14.4-14.7
Arbitr.ltion ..,.,.....:...,..............,.,.,........,.. 16
Authorized Vari:ltion in Work H.................H.... 9.5
Availability of Lands ............. H' H' H..'.' . . ....,. 4,1
A w:lrd. Notice of--<1efined ...........,....... H......... I
Before Stming Construction ..,......,..".....'.. 2,5-2,7
Bid--<1efinition of ... H'" H..'...... H' H..... H' H'..'. I
Bonds and Insur.lnce-in general .. H H.."... . . ,.. . ., .., 5
Bonds--definition of H H H....... H H..... ..... H .. H' ... I
Bonds, Delivery of .H..HH...H.H.......H.H.. 2,1,5.1
'Bo nds, Performance and Other , H H H . . . .. H .. .... 5.1-5,2
Cash Allowances ... H' H...... H H H...... H H.... H' 11.8
Change Order-definition of ".... H .. .. H . . .. , , H' . . , . " 1
Change Orders-to be executed ..',......,........... 10.4
Ch:lnges in the Work .. H................... H...... .... 10
Claims, W:liverof-on Final Payment ......H....... 14.16
CI:uific:ltions and Interpretations '......'".....,..,... 9.4
C1e:lning ....,.....,.............,............,....... 6.17
Completion."......,.......,.,.,... H..'........,..'", 14
Completion, Substantial ..........,.....,........ 14.8-14,9
Conference, Preconstruction ...........,........,..,'. 2,8
Conflict. Error. Discrepancy--Contr.lctor
to Report H.......H.........H.....H..'H.... 2.5, ),)
Construction Machinery, Equipment, etc. ,..........., 6.4
Continuing Work,.... ...... ,...." ......"...,....",6.29
Contract Documents-amending and
supplementing .,............'". .,........ H' ...' 3,4-3.5
Contract Documents--definition of ...,..".,.,........... 1
Contr.lct Documents-Intent......,........,...... 3.1-3,3
Contract Documents-Reuse of "..",...,.,..........3.6
Contract Price, Ch:lnge of ..................... H....... II
Contract Pricc-detinition ....,.............,......,..... 1
Contract Time. Change of ......... ...........'.'......, 12
Contr.lct Time:. Commencement of ,.,..""...,....... 2.3
Contract Tim<.:-definition of .......................... H 1
Contractor--delinition of ............ H"".... .. H" .. .' 1
Contractor May Stop Work or Terminate............. 15,5
Contractor's Continuing Obligation,.....,....,....., 14.15
Contractor's Duty to Report Discrepancy
in Documents ........H.................,...... 2.5,3.2
Contr:lctor's Fee--Cost Plus... 11.4.5.6, J 1.5.1. 11.6-11.7
Contractor's Liability Insur:lnce ....,...............,.. 5.3
Contractor's Responsibilities-in general ."..."...,.... 6
\
\
\
Contractor's W:ur.lnty of Title........................ 14.3
ContraclOrs--<:lther ".......,.,................,..,....., 7
Contractual Liability Insurance....".......,.,... .,.'. 5.4
Coordinating Contractor-definition of ....".......... 7.4
Coordination ,........ H .....', H................... ... 7.4
Copi~s of Documents....""............... H...'..... 2.2
Corr~ction or Removal of Defective Work ...'....',. 13,11
Correction P~riod. One year........................ 13.12
Correction, Removal or Acceptance of Defective
Work-in gener.ll ............,'.............. 13.11-13.14
Cost-net dccr~ase ..............:.,..:..."........ 11.6,2
Cost of Work.................................... 11.4-11.5
Costs, Supplemental,.,...,.. ...,............,...... 11.4,5
Day-definition of .......... .........., .................. 1
Defecrive-definition of .............................,....1
Defecrive Work, Acceptance of............,......... 13.'13
Defecrive Work, Correction or Removal of .......... 13',11
DefecriveWork-ingener.ll ............... 13,14.7,14.11
Defecrive Work. Rejecting...,......................... 9.6
Definitions ,....."......,........,..,.,................., I
Delivery of Bonds ....,........,.....".....,........., 2.1
Determination for Unit Prices ........................ 9.10
Disputes, Decisions by Engineer.. .. ... .. ... .. . ., 9.11-9.12
Documents, Copies of ..............:.................. 2.2
Documents, Record..".... ....... .................... 6.19
Documents. Reuse .................................... 3.6
Dra wings-definition of ................................. 1
Easements.........,..,...,. ..... .............. ....... 4.1
Effective date of Agreement-definition of ."..,......' .. I
Emergencies .,.,.".......",...,......,........,..,' 6.21
Engineer-delinition of ...............................,.. 1
Engineer's Decisions ............................9.10-9.12
Engineer's--Notice Work is Acceptable ............. ] 4,13
Engineer's Recommendation of Payment ".... 14.4. 14.13
Engineer's Responsibilities, Limitations "
on .................................. 6.6, 9.11. 9:J~~9.]6
Engineer's Status During Construction-in general . "~::.. 9
Equipment. Labor, Materials and .................. 6,3-6.6
Equivalent Materials and Equipment .................. 6.7
Explor:ltions of physical conditions.........., ........ 4.2
Fee, COntr.lCtor's-COStS Plus:.................,..... 11.6
Field Order-definition of ............................... 1
Field Order-issued by Engineer................ 3,5.1. 9,5
Final Application for Payment,...................... ]4.12
Final Inspection ...................................... 14.11
Final Payment and Acceptance ...................... 14,13
Final Payment, Recommendation of ,........., 14,13-14.14
General Provisions........., ......."...."..... 17.3-17.4
General Requircments-delinition of,...,...... ,....... ,. 1
General Requirements-principal
refcr~nces to .',......,...,... 2.6, 4.4, 6.4, 6,6-6.7. 6.23
4
Giving Notir.t: .".."."".."".",..""""".,.." 17.1
Guarantee of Work-by Contractor.,.,........,.. ..,. 13.1
Indemnilication ....,...,.................... 6.30-6.32,7.5
Inspection, Final .....,...,.................,...,.... 14.11
Inspection, Tests :lnd ...........'..'....,............. 13.3
Insurance, Bonds and-in general ..........,...',...,." 5
Insurance, Certificates of ........................... 2.7,5
Insurance--<:ompleted operations............,...... ... 5.3
Insurance, Contractor's Liability.....,."..,........., 5.3
Insurance, Contractual Liability....,.,......,....,..,' 5,4
Insurance, Owner's Liability........................... 5.5
Insurance, Property .. .'..................,........ 5.6-5.13
Insurance-Waiver of Rights ....,............"..'", 5.11
Intent of Contract Documents .,..."........,.., 3.3,9,14
Interpretations and Clarifications ..........',.....,.',. 9.4
Investigations of physical conditions...,..,...."...... 4.2
Labor, Materials and Equipment .,........"."... 6.3-6.5
Laws and Regulations--definition of .,.......".... .,.... I
Laws and Regulations-general..,...,..,..,.,........ 6.14
Liability Insurance-Contractor's .,....'............., 5.3
Liability Insur:\nce-Owner's ..,.........,.....,.',... 5,5
Liens-<lefinitions of ................................ 14.2
Limitations on Engineer's
Responsibilities ................,.... 6.6,9.11. 9,13-9.16
Materials and equipment-furnished by Contractor ,.., 6.::;
Materials and equipment-not
incorporated in Work ...........................,.. 1'1.2
Materials or equipmenl-cquivalent ......',......',... 6,7
Miscellaneous Provisions.......,...,..............."., 17
Multi-prime contractS .,..,...,........,......,....,..... 7
Notice, Giving of.,........ .'......................",. 17.1
Notice of Acceptability of Project ..............'",. 14,13
Notice of Award-<lefinition of ,.....,.,......,.",.,..., I
Notice to Proceed-<lefinition of ..".......,... .. .., ..... I
Notice to Proceed-giving of .......................... 2.3
"Or-Equal" Items................,.................... 6.7
Other contractOrs ....,....................,.......,...., 7
Other work. . . . , .,. .... ... . " ., .... ..,...,... ., ,. .. , ,.... 7
Overtime Work-prohibition of ..' '. .. ".. .. .. . .. , . ., .. 6,3
Owner-definition of ..........,..".,..,........,....". I
Owner May Correct Drfectil'e Work,.,...... . . . . . .,. 13.14
Owner May Stop Work............................:. 13,10
Owner May Suspend Work. Terminate ......,... 15.1-15,4
Owner's Duty to Execute Change Orders............. 11.3
Owner's Liability Insurance .."..:.......,.,......,... 5.5
Owner's Representative-Engineer [0 serve as ....,... 9,1
Owner's Responsibilities-in general ..........,....,.... 'g
Owner's Separate Representative at site.,..,........., 9,::;
Partial Utiliz:Hion .................................. 14.10
Partial Utilization-definition of ,.,.,.,................., I
Partial Utilization-Property Insurance........",.... 5.15
Patent Fees and Royalties...........,......,......... 6,12
Payments, R<:commendationof ....~...... 14.4-14.7.14.13
Payments to Contractor-in general ....,...........,... 1,1
Payments to Contr:lctor-when due ,..,..'.,., 14.4, 14.13
Payments to ContractOr-withholding ."...,......... 14.7
Performance and other Gonds ......"............. 5.1-5.2
Permits., . . ....... . . ., ... , .. .. ..".. .,.. .' .".. . .. .. .. 6.13
Physical Conditions ...,............................... 4.2
Physical Conditions-Engineer's review.,..,..".,., 4.2.4
Physical Conditions-<:xisting structures......, ..,... 4.2.2
Physical Conditions-explor:llions and reports......., 4.2.1
Physical Conditions-possible document change..... 4.2.5
Physical ComJitions-price and time adjustments .'.' 4.2.5
Physical COfH..Iitions-n;port of differing "........... 4.2.::;
Physical Conuitions-Underground Facilities........,. Ll
Preconstruction Conference ...,....,..,........,...... 2.3
Preliminary :-"latters ..,.........,......,.,.."..'"...,.. 2
Premises, Us<: of ..............................,. 6.16-6.13
Price. Change of Contract ,....,......"..........,.,." II
Price,Contr:1ct-t.!efinition of .,.......,.......,.......... I
Progress Payment, Applications for....,.,......,..... 14.2
Progress P:1yment-ret:1inage ....,..,........'"....,. 14.2
Progress schedule .............., 2.6,2.9,6.6,6,29, 15.2.6
Project-definition of .............,............. ...... ... \
Project Representation-provision for ,....,...'....... 9.3
Project Representative, Resident-definition of ......,... I
Project, Starting the..................,.......,.,... ..'. 2,4
Property Insurance ..,..."..........."."....... 5.6-).13
Property [nsur:lnce-Partial Utilization,...,.."...,., 5.15
Propaty Insurance-Receipt and Application
of Proceeds,...... '..................."......, 5.\2-5.13
Protection, Safety and,................ . " .',.... 6.20-6.2\
Punch list ..,..........,....,...............,...,..., \4.\\
Recommend:1tion of Payment.........."""... 14.4, \4.13
Record Documents ...,."........,...,........,...... 6.19
Reference Points .'.',........"........,., ".,...".,.. 4.4
Regulations, Laws and......."......,.,............. 6,14
Rejecting Defecth'e Work ............."..........,.., 9.6
Relatcd Work at Site ..............,......,........7.1-7,3
Remedies Not Exclusive ......................,......17.4
Removal or Correction of Defecti\'e Work.........., 13.11
Resident Project Representative-definition of '.....',... \
Resident Project Representative-provision for,." .. ., 9.3
Responsibilities, COnlr:lctor's-in general. ............... 6
Responsibilities, Engineer's-in general .,.,....., :",," .' 9
Responsibilities, Owner's-in general.,........ ,. '::,...~'. ,. 8
Retainage .....'....,'.,................' "....,... ,'.:;', 14'.2
Reuse of Documents ...,..........,.,.........."..... ::;~5
Rights of Way........................................, 4~ 1
Royalties, patent Fees and ,.....................,.... 6.12
Safety and Protection..... ....................... 6,20-6.2\
Sampks ..,...'.....'.......".".."..........,. 6.23-6,23
Schedule of progress .,.....' 2.6.2.8-2,9,6.6.6.29, 15.2,6
Schedule of Shop Drawing
submissions.............,..,..... 2.6,2,8-2.9.6.23, 14.1
Scheuule of values ...................... 2.6,2.8-2.9. 14.1
Schedules, Finalizing.",.".......,........,........., 2.9
Shop Drawings and Samples..,......".......... 6,23-6.28
Shop Drawings-definition of ................,.,.....".' I
Shop Drawings. use to approve
substitutions....,................................. 6.7,3
5
. . '.
Site, Visits to-by Engineer..,...............,......., 9.2
Specifications--detinition of ............................. 1
Staning Construction, Before,............,.,.,.... 2,5-2.8
Staning the Project. ............ ... .... ..............., 2.4
Stopping Work-by Contr:lctor ....................... IS,)
Stopping Work-by Owner,... .... .............. .... 13.J 0
Subcootr:lctor-definition of,........................".. 1
Subcontractors--in genenl ...........,........... 6.8-6.11
Subcontracts-required provisions _,.. ,....,.,.5.11.1, 6.11
11.4.3
Subsuntial Completion---<:enitication of .............. 14.8
Substantial Completion-<.lefinition of.".....,.. ..... . ,., I
Substitute or "Or-Equal" Items ....................... 6,7
Subsunace Conditions............................. 4.2-4.3
SupplementnJ costs..........,...................... 11.4.5
Supplementm]' Conditions-definition of .,.....",...... I
Supplemenury Conditions-principal
references to .. 2.2.4,2,5,1,5.3,5:6-5.8,6.3,6.13,6,23,
7.4,9.3
Supplementing Contr.lct Documents ............... 3,4-3,5
Supplier-detinition of,.."..."..".,..,.....,.,.. .' " " I
Supplier-principal references to .., 3,6.6,5,6.7-6,9,6.20,
6.24,9,13,9,16,11.8,13.4,14.12
Surety-consent to payment .................. 14.12,14,14
Surety-Engineer has no duty to ...................., 9.13
Surety-notice to .......................... 10.1, 10,5, 15,2
Surcty-qualifi~tion of ...................,....... 5.1-5.2
Suspending Work, by Owner ......................... 15.1
Suspension of Work' and Termination--in gcncnl ...,.,. IS
Superintendent-Contr.lctor's .,.....,.,.,......".".. 6.2
Supervision and Superintendence, .......' ......... 6.1-6.2
Taxes-Payment by Contractor.................,.,... 6.15
Termination--by Contr.lctor .........,...,..........., 15.5
Termination-by Owner ,.....,...........,...... 15,2-15.4
Termination, Suspension of Work and-in general .,..., 15
Tests and Inspections ........,.................. 13.3-13.7
Time. Change of Contract ,.........................".. 12
Time, Computation of ...,..,. ,..... ...._............. 17.2
Time, Conlr:lct-<lefinition of ....................,....... 1
Uncovering Work..,...,........................ 13.8-13.9
. Underground Facilities-<lefinition of .................... I
Underground Facilities-not shown or indicated ..,.. 4.3.2
Underground Facilities-protection of :.......... 4,3, 6,20
Underground Facilities-shown or indicated,.".,... 4,3.1
U nit Price Work-<lefinition of .......................... I
U nit Price Work-gener:ll ......,.......... 11.9, J 4.1. 14,5
Unit Prices.........,...,........... .....,......,... 1\.3.1
Unit Prices, Determinations for,...................... 9.10
Use of Premises..."..,..........,.....,........ 6.16-6.18
Utility owners.......................... 6.13,6.20, 7.2-7.3
Values, Schedule of ......................... 2.6,2,9, 14,1
Varialions in Work-Authorized............ 6,25.6.27,9.5
Visits to Site-by Engineer............,..........,.... 9,2
WaiverofClaims-on Final Payment ................ 14.16
Waiver of Rights by insured parties .......,..,.. 5.10,6.11
Warranty and Guar:lntee-by Contractor ,.,........'. 13.1
Warranty of Title. Contr.lctor's ....................... 14.3
Work, Access to ,............,...........,........... 13.2
\V ork-by others ....,.....,..,..,.......".......,...... 7
Work Continuing During Disputes....,.."....,...... 6.29
Work. Cost of ................................... I 1.4-11.5
Work-<letinition of ........................:............ 1
Work Directive Change-<lefinition of ...........,....... 1
Work Directive Change-principal '
references to .................... ........ 3.4.3', 10.1-10.2
Work, Neglected by Contr:lctor ........ .............. 13.14
Work. Slopping by Contractor..................... ... 15.5
Work. Slopping by Owner..,..............,..... 15,1-15.4
Written Amendment-<lefinition of ,;...........,......., J
Written Amendment-principal,
refen:nccs to ..................... 3,4.1. 10,1. 11.2, 12.1
,'I, ~ ~
6
GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
Wherever used in these Gener:d Conditions or in the other
Contr:\et Documents the following terms have tht.: mt.::\nings
indicated which arc applicable to both the singular and plural
the;eot':
Addenda-Written or graphic instruments issued prior to tht.: ,
opening ot' Bids which c!:lrify, corre'ct or change the bidding
documents or the Contract Documents.
Agreeme/lf- The written agreemellt between OWN ER anu
CONTRACTOR covering the Work to be performed: other
Contract Documt:nts art.: attached to the Agreement anu made
a part thereof as provided therein.
AppliC(l{iO/l fur Pll.Vl1le/lf- Tht.: form acccpted by ENG 1-
NEER which is to be used by CONTRACTOR in requesting
progress or tinal payments and which is to include such sup-
porting documentation as is required by the Contract
Documents.
DiJ- The offer or proposal of the bidder submitted 011 tht.:
prescribed form setting forth tht: prices for the Work to be
performed.
BO/lds-Bid, performance and payment bonds and other
instruments of security.
Change Order-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition, deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Time, issued
on or after the E1Tective Date of the Agreement.
Confrace DOClIllle/lfS- The'Agreement. Addenda (which per-
tain to the Contract Documents), CONTRACTOR's Bid
(including documentation accomp:\llying the Bid and any post-
Bid documelltation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement. the B'onds.
these General Conditions, the Supplementary Conditions, the,
Specifications and the Drawings as the same are more spe-
cifically identified in the Agreement. together with all amend-
ments, modifications and supplements issued pursuant to
paragraphs 3.4 and 3.5 on or after the Effective Date of the
Agreement.
COllerClce Price-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.9.1 in
the case of U nit Price Work).
COlllrace Til1lt'- The number 01' days (computed as provided
in paragraph 17,2) or the date staled in the Agreement for the
completion of [he Work.
CONTRACTOR-The p<:rson. firm or corporation with whom
OWNER has entered into the Agreement.
Jefeceil'e-An adjective which when modifying the word Work
n.:fers to Work th:\t is unsatisfaclOry. faulty or deficient, or
does nOI conform to the ConlraCt Documents, or does not
meet the requirements of any inspection, n:ference standard,
test or :lpproval referred to in the Contract Documents, or
has been damaged prior to ENGINEER's recommendation
of final payment (unless responsibility for the fHolection thereof
has been assumed by OWNER at Substantial Completion in
accordallct.: with paragraph 14.8 or 14.10).
Df'{Jll'ill/:s- The dr:lwings which show the cr.ar.lcter and scope
ul' the Work to be perl'ormed and which have been prepared
or :Ipproved by ENGINEER and are referred [0 in the Con-
tract Documen[s.
EfFcei,'e Dlllt' of fire A!:reemelll- The date indicateu in the
Agreement on which it becomes effective. but if no such date
is indic:I[ed it mt:ans the dale 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 I\grt.:ement.
Field Order-A written order issued by ENG INEER \vhich
orders minor changes in the Work in accordance with para-
graph 9.5 but which does not involve a change in the Contract
Price or the Contract Time.
Gellerlll ReqlliremellCs-Sections of Division t of the Speci-
fications.
Laws llIld ReglllllCiufls: Laws or Reglllatio/ls-Laws, rules,
regulations. ordinanct.:s, codes and/or orders.
Notice of A lI'ard- The written notice by OWNER [0 the
:lpparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein, within the lime specified, OWNER will
sign am! deliver the Agreement.
NUlice fO Proceed-A written notice given by OWNER [0
CONTR,\CTOR (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 CO~TRAC-
TOR'S obligations under the, COnlr.lCI Documents, "\';,
OWN ER- The public body or authority, corpOr:ltion. asso-
ciation. fiml or person with whom CONTRACTOR has entered
into the Agreement and for whom [he Work is to be provided.
Parrilli Ueili:(l(iofl-Placing a portion of the Work in service
for the purpose for which it is intended (or a related purpose)
berore reaching Substantial Completion for all the Work.
Prujece- The total construction of which the Work to be
provided under the Contract Documents may be the whole,
or a part as indicated elsewhere in the Contract Documents.
Residel/e Projece RepreSeI/Ulfi\'e- The authorized represen-
tative of ENGINEER who is assigned (0 the site or any part
thereof.
7
Sltop Drawings-All drawings, diagrams, illustrations,
schedules and other datJ. which are specifically prepared by
or for CONTRAcrOR to illustrate some portion of the Work
and all illustrations, brochures. sundard schedules, perfor-
mance chans, instructions. diagrams and other information
prepared by a Supplier and submitted by CONTRAcrOR [0
illustrate material or equipment for some portion of the Work.
Specijications- Those portions of the Contract Documents
consisting of wricten technical descriptions of materials,
equipment. construction systems;, standards and workm::tn-
ship as applied to the Work and ce'rtain administrative details
applicable thereto.
Subcontractor-I\n individual. fim1 or corpor.llion having a
direct contr.lCl with CONTRAcrOR or with any other Sub-
contractor for the performance of a part of the Work at the
site,
Substantial Completion-The Work (or a specified part thereof)
has progressed to the point where. in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certificate
of Subsuntial Completion, it is sufficiently complete, in
accordance with the Contr:lct 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 pangnph 14.13. The
terms "substantially complete" and "subsuntially com-
pleted" as applied [0 any Work refer to Substantial Comp!c-
tion thereof.
Supplementary Conditions-The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
Supplier-A manuf:lcturer, f:lbric:ltor, supplier. distributor.
materialm:ln or vendor.
Underground Facilities-AJJ pipdinc:s. conduits, ducts, c::lbles,
wires, manholes, vaults, t::lnks. tunnels or other such facilities
or atLachments. and any encasements containing such facil-
itieS which have been insulled underground to furnish any of
the following services or materials: electricity, gases. steam.
liquid petroleum products. telephone or other communica-
tions, c.able television. sewage and drainage removal. tr:U1ic
or other control systems or water,
Unit Price Work-Work to be paid for on the basis of unit
prices.
War/.:"'- The entire comp!cted construction or the various sc:p-
aratcly identifiable pans thereof required to be furnished
under the Contract Documents.' Work is the result of per-
forming services, furnishing labor and furnishing and incor-
porating materials and equipment into the construction, all
as required by the Contract Documents.
Work Directive Change--A written directive to CONTRAC-
TOR. issued on or after the EfTective 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 or unforeseen physical conditions under
which the Work is to be performed as provided in paragraph
4.2 or 4,] or to emergencies under paragraph 6.21. A Work
, Directive Ch:u1ge may not change the Contract Price or the
Contr:lct Time, but is evidence that the panies expect that
the change directed or documented by a Work Directive
Ch:lnge will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
any, on the Contract Pricc or Contr:lct Time as provided in
p:!ragraph 10.2.
Written Amendment-A written amendment of the Contr.lct
Documents. signed by OWNER and CONTRAcrOR on or
afta the Effective Date of the Agreement and normally deal-
ing with the nonengineering or nontechnic."\J rnther than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATIERS
DeIjy~ry of Bonds:
2,1. When CONTRACTOR delivers the executed .Agree-
ments to OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copi~s of Documents:
.,., OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplement:lry Con-
ditions) of the Contnct Documents as are reasonably nec-
essary for the execution of the Work, Additional copies will
be furnished. upon request, at the cost of reproduction.
Commencement of Contract Time; Notice to Proceed:
2,3. The Contract Time will commence to run on the
thirtieth day after the EfTective Date of the Agreement. or. if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed, A Notice to Proceed may be given at,any
time within thirty days after the Effective Date of the A~ee-
ment. 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 oflhe Agreement.
whichever date is earlier.
Swning the Project:
2.4. CONTRAcrOR 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 dale on which the
Contract Time commences to run.
IJefore Starring Construction:
2.5. Before undertaking each pan of the Work. CON-
TRACTOR shall carefully study and compare the Contr.lct
Documents and check and verify pertinent figures shown
8
thereon and all applicable field measurements, CONTRAC-
TOR shall promptly report in writing to ENGINEER :lny
conflict, error or discrepancy which CONTRACTOR may
discover and shall obt:lin a written interprel:ltion or clarifi-
C:ltion from ENGINEER before proceeding with any Work
affected thereby: however, CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to repon 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 Require-
ments), CONTRACTOR shall submit to ENGINEER for
review:
2,6.1. an estimated progress schedult: indic:lting the
staning and completion dates of the various sta!;es of the
Work:
2.6,2. a prelimin:lry scheuule 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
:lggregating the Comract Price and will subdivide the Work
in.to component pans in sufficient detail to serve as the
basis for progress payments during construction, Such
prices will include :In appropri:lte amount of overhead :lnd
profit applicable: to e;\ch item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub,
mission.
2.7, Before any Work at the site is staned, CONTR..-\C-
TOR sh:lll deliver to OWNER, with a copy to ENGINEER.
cenificntes (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5..1, and
OWNER shall deliver to CONTRACTOR certificates (:lnLl
other evidence of insur:ll1ce requested by CONTRACTOR)
which OWN ER is n:quin:d to purchase and mailllain in
accord:lnce with p:lragr.\phs 5.6 and 5.7, .
Preconstruction Confaence:
2,8. Within twenty d:lYs after the ElTective Date of the
Agreement, but before CONTRACTORst:lns the Work at
the site. a conference attended by CONTRACTOR, ENGI-
NEER and others as :lppropri:lte, will be held to discuss the
schedules referred to in par:lgraph 2.6. to discuss procedures
for handling Shop Drawings and other submittals :lnd for
processins Applications for paymc:nt, and to c:stablish a working
understanding :lmong the panics as to the Work,
Finali:.ing St"hedules:
2,9. At least ten days bdon: submission of the first :\ppli-
C:ltion for Payment a conference attended by CONTR:\C-
TOR. ENGINEER and others as :lppropriate will be held to
fin:lIize the schedules submitleu in accordance with p:\r:l-
graph 2.6. The finalized progress schedule will be accept:lble
to ENGINEER as providing an orderly progression of the
Work to compktion within the Contract Time, but such
acceptance will neither impose on ENG IN E ER responsibility
for the progress or scheduling of {he Work nor n:lieve CON-
TRi\CTOR from full n:sponsibility then:for. The finalized
schedule of Shop Dr:lwing submissions will be acceptable to
ENGINEER:.Is providing a workable arrangement for pro.
cessing the: submissions, The finalized schedule: of values will
be acceptable [0 ENGINEER:ls to form anu substance.
ARTICLE 3-CONTRACT DOCU:-VIENTS: INTENT.
A~IENDING. REUSE
[IItent:
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
Contr:lct Documents will be construed in accordance with
the law of the pl:lce of the Project.
3.2. It is the intent oflhe Contract Documents to describe
:l function:llly compkte Project (or pan thereof) to be con-
structed in :lccord:lnce with the Contract Documents. Any
Work, m:lteri:lls or equipment that m:lY reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supplic:d whc:ther or not specific:llly
callc:d for. When words which h:lve.a well-known technical
or tr:lde meaning arc used to describe Work, materials or
equipment such words shall be interpreted in accordance with
that me:ll1ing. Reference to standard specifications, manuals
or codes of :lny technical society, organiz:ltion or association.
ono the L:lwS or Regulations of any governmenl:ll authority,
whether such reference be specific or by implication, shall
mean the lalest st:lndaru specific:ltion. manual. code or L:lwS
or Rq:ulations in elTect :It the time of opening of Bids (or, on
the Effective Datc of the Agreemcnt if there were no Dids).
except as may be otherwise specifically stated, However, no
provision of any referenced slandard specification. manual
or code (whether or not specific:llly incorporated byrefe,rence
in the Contract Documents) shall be effective to cl1';ln,ge the
duties :lnd responsibilities of OWNER, CONTRACTOR or
ENG IN EER. or :lny of their consultants, agents or employ-'
ees from those set forth in the Contr:lct Documents, nor shall
it be efl'ectivc to assign to ENGINEER. or any of ENGI-
NEER's consultants, agents or employees. :lny duty or
:luthority to supervise or direct the furnishing or performance
of the Work or :lny duty or authority to undenake' responsi-
bility contrary to the provisions of paragraph 9.15 or 9.16.
Clarifications :lnd interpret:ltions of the COnlr:lct Documents
~hall be issued by ENGINEER as provided in p:lr:lgraph 9.4,
3.3, If. during ihe performance of the Work. CONTRAC-
TOR finds :\ conllicl. error or discrepancy in the Contract
Documents. CONTRACTOR sh:lll so report to ENGINEER
in writing :H once and before proceeding with the Work atTected
thereby shall obtain a written interpretation or cl:lrilic:ltion
9
from ENGINEER: however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to repon any
conflict, error or discrepancy in the Contract Documents
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
/tml!nding and Suppll!ml!nting Contract DocummlS:
3.4. The Contract Documents may be amended to pro-
vide for additions, deletions and revisions in [he Work or 10
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 par:lgraph IDA).
or
3.4.3. a Work Directive Change (pursuant to par:l-
graph 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 of the
foUowing 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. ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
R/!uSI! of Documl!nrs:
3,6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
nishing any of the Work under a direct or indirect conl.r.lct
with OWNER shall have or acquire any title to or ownership
rights in any of the Drawings. Specifications or other docu-
ments (or copies of any thereot) 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 adaplation by ENGINEER.
ARTICLE 4-A V AILAB,ILITY OF LANDS; PHYSICAL
CONDITIONS: REFERENCE POINTS
A vailahili1y of Lands:
4.1, OWNER shall furnish, as indicated in the Contr.:lct
Documents, the lands upon which the Work is to be per-
Cormed, rights-of.way and easements for access thereto, and
. .
such other lanus which are uesign:lted for the use of CON-
TR.ACTOR, Easements for permanent structures or perma-
nent changes in existing f:lcilities will be obt:lined and paid
for by OWNER, unless otherwise provided in the COntr.:lct
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR 10 an extension of the Con-
tr:lct Time. CONTRACTOR may make a claim therefor as
provided in Anicle 12, CONTRACTOR shalt provide for alt
additional lands and access the:n:to that may be required for
temporary construction facilities or storage of materials and
equipment.
Physica! CondiJions:
4.2.1. Explorations and Reports; Refe:rence is made
to the Supplementary Conditions for identification of those
repons of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
ar:ltion of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such repons, but not upon nontechnical data. interpreta-
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes, Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6. CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site,
4.2.2, Existing Strllctlires: Reference is made to the
Supp\c:mentary Conditions for ide.ntification of those
cir:lwings of physiC:ll 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 prepar:ltion of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data cont:lined in such drawings. but not for the complete-
ness thereof for CONTRACTOR's purposes, Except as
indicated in .the immediately preceding sentence and in
paragraph 4.2,6. CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to such structures.
, ,.
4.2.3. Report of DIffering Conditions: If CONTrV\C-
TOR believes that: '
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 :In emergency as permitted by para-
graph 6.22l. notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
10
4.2.4. ENGINEER's Rn'iew: ENGINEER will
promptly review [he pertinent conditions, dctermine the
necessity of obtaining additional exploratiuns or tests with
respect rhereto and advise OWN ER in writing (with a copy
[0 CONTRACTOR) of ENGINEER's findings and con-
clusions.
4,1.5. Possible Document C!/llJ/g<': If ENGINEER
concludes that there is a material error in the Contract
Documems or that because of newly discovered condi-
tions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Anicle 10 to ren~ct and uocument the
consequences of lhe inaccuracy or uiffercnce.
4.1.6. Possih/e Price and Time Adjustments; In each
such case. an incre:lse or decre:lse in the Contract Price
or an extension or shortening orlhe Contract Time. or any
combination thereof. will be :lllowable 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 orlengih thereof. aclaim may be made therefor
as provided in Articles 11 and 12.
Physical Conditions-Undergrollnd Facilities:
4.3.1. Sholl'n or Indicated; The information and d:lt:t
shown or indicated in the Contract Documents with respect
[0 existing Unuerground Facilities at or contiguous to the
site is based on information and d:lta furnished to OWNER
or ENG IN EER by the owners of such Underground Facil-
ities or by others. Unless it is other..visc expressly pro-
vided in the Supplememary Conditions:
4.3,1.1. OWNER and ENGIN EER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
4.3.1.2. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents, for coordina-
tion of the Work with the owners of such Underground
Facilities during construction, for th<.: safety and pro-
tection 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
bcen included in the Contract Price,
4.3.2. Nor Sholl'n or IndiCafed. If an Underground
Facility is uncovered or revealed at or contiguou's to the
site which was not shown or indica tell in the Contract
Documents and which CONTRACTOR could not r<.:ason-
ably have been expected to be aware of. CONTRACTOR
.shall. promptly after becoming aware thereof and' before
performing any Work affected thereby (except in an emer-
gency as permined by paragraph 6.22l. identify the owner
of such Underground Facility and give wrinen notice thereof
to th:lt owner and to OWNER and ENGINEER. ENGI-
NEER will promptly review the Underground Facility (0
determine the extent to which [he Contract Documents
should be modified to renect and document the conse-
quences of the existcnce of the Underground Facility, :Jnd
the Comract Documcnts will be amended or supplemented
to the extcnt ncc<.:ssary. During such time, CO'NTRAC-
TOR shall be resronsible for the safety and protection of
such Underground Facility as provided in paragraph 6.10.
CONTRACTOR shall be allo\ved an increase in the COIl-
tract Price or an extension of lhe Contract Time. or bOlh.
to the e,'tent thaI Ihcy are :Htributable to the t:,islence of
any Unuergrounu F:lcility lhat was nOI shown or indicated
in thc Contract Documents :Jnd which CONTRACTOR
could not reasonably have been expected 10 be aware of.
If Ihe rartks arc un:\ble to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provideLl in Articles II and 12,
Reference foints:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGIN EER's
judgment are necessary to enable CONTR/\CTOR to proceed
with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirementsl. shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior wrinen approval of OWNER. CONTRAC-
TOR shall repon to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary ch:\nges in grades or locations, and shall be respon-
sible for the accurate replacement 6r relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE 5-BONDS AND INSURANCE
Performllnce alld Other /Jollds:
5.1. CONTRACTOR sh:lll furnish performance :Ind pay-
ment Gonus, each in an amount:H least equallO lhe Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Comract Docu-
ments. These Bonds shall remain in effect at Ieasl.,until one
year afler the date when final payment becomes due;':except
as otherwise provided by Law or Regubtion or by the"Cori-,
tract Documcnts. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplemenl.ary Condi-
tions. All Bonds shall be in rhe forms prescribed by Law or
Regulation or by the Contr:lct Documents and be executed
by such sureties as arc named in the current list of "Com-
panics Holding Cenitlcatesof Authority as Acceplable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
panies" as published in Circular 570 (amended) by the Audit
Staff Burcau of Accounts. U.S. Treasury Department. All
Bonds signed by an agent must be accompanied by a certified
copy of the authority to act.
5.2, If lhe surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right
to do business is tcrminated in any state where any part of
II
the Project is located or it ceases to meet the requirements
of par:J.gr.lph 5.1, CONTRACfOR shill within five d:lYs
thereafter substitute :lIlother Bond :lnd Surety, both of which
must be accept:lble to OWNER.
ConlTac/or s Liabilit)' I nsuranct:
5.3. CONTRACTOR shall purchase :lIld maintain such
comprehensive gena:ll liability and other insurance as is
appropriate for the Work being performed :lIld furnished and
as will provide protection from claims set forth below which
m:lY arise out of or result from CONTRACTOR's perfor-
mance :lIld furnishing of the Work and CONTIV\CTOR's
other oblig;ltions under the Cont.r:lct Documents, whether it
is to be performed or furnished by CONTRACTOR, by :lIlY
Subcontractor, by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work, or by
:lIlyone for whose acts :lIlY of them may be liable:
5.3,], Claims under workers' or workmen's compen-
sation, disability benefits and other similar employee ben-
efit acts:
5,3.2. Cbims for damages because of bodily injury,
occupation:tl sickness or disease, or death of CONTR/'\C-
TOR's employees:
5.3.3, Claims for damages because of bodily injury,
sickness or disease, or death of any person other th:lIl
CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained (a) by any person
as a result of an offense directly or indirectly related to
the em!)loyment of such person by CONTRACTOR, or
(b) by any other person for :my other reason:
5.3.5. Claims for damages, other than to the Work
itself, because of injury to or destruction of tangible prop-
erty wherever located. including loss of use resulting
therefrom:
5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages because of bodily injury or death at
any person or for damage to propeny; and
5.3,7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability :lIldcover:lges provided in the Supplemen-
t:lI"Y Conditions, or required by law, whichever is greater.
The comprehensive gener.U liability insurance shall include
completed operations insur:lnce. All of the. policies of insur-
ance so required to be purchased and maintained (or the
certificates or other evidence thereof) sh:tll contain a provi-
sion or endorsement that the coverage afforded will not be
~ncelled, m:lteri:tlly changed or renewal refused until at least
thirty days' prior written notice has been given to OWNER
:lIld ENG IN EER by cenified mail. All such insur:lnce shall
remain in effect until final payment and at:tll times there:titer
when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph 13.1:!.
In addition, CONTRACTOR shall maintain such completed
opcration$ insur:lnce for at least tWO years after final payment
and furnish O\VNER with evidence of continuation of such
insurancc at final payment and one year thereafter.
Contractual Liability Insurance:
5.4. 111e comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insur:lnce
:lpplicablc to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
Ownt!rs LinbiIiry Insurance:
5.5, OWNER shall be responsible for purchasing and
m:tintaining OWNER's own liability insur:J.nce and. at
OWNER's option, may purchase and maintain such insur-
ance as will protect OWNER against claims which may ari'se
from operations under the Contract Documents.
Propaty I Ilsuranct:
5,6. Unless other.vise provided in the Supplement:lry
Conditions, O\VNER shall purchase 'and maintain property
insur.:tncc upon the Work at the site to the full insur:lble value
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 consult:lIlts in the Work, all of whom shall
bc listed as insureds or additional insured parties, shall insure
against the perils of fire and extended coverage and shall
include "aJJ risk" insurance for physical loss and damage
including theft, vandalism and malicious mischief. collapse
:lnd water damage, and such other perils as may be provided
in the Supplementary Conditions, and shall include damages,
losses :lIld expenses arising out of or resulting from any'in.~'ured
loss or incurred in the repair or replacement 'of any insured
propeny (including but not ,limited to fees and charges of
engineers, architects, attorneys and other professionals). If
not covered under the "all risk" insur:lnCe or otherwise pro-
vided in the Supplementary Conditions, CONTRACTOR shall
purchase and maintain similar property insurance on ponions
of the Work stored on and ofT the site or in transit when such
portions of the Work are to be included in an Application for
Payment.
5,7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insur:lnce as may
be required by the Supplement:lry Conditions or Laws and
Regulations which will include the interests of OWNER.
CONTRACTOR. Subcontractors. ENGIN EER AND
ENGINEER's consultants in the Work. all of whom sh:tll be
listed as insured or additional insured parties.
12
5.8. All the policies of insur.lnce (or the certificates or
other evidence thereof) n:quired to be purchased and main-
tained by OWNER in accordance,with paragr.lphs 5,6 anci
5.7 will contain a provision or endorsement that the cover.lge
aiTorded will not be cancelkd or materially changed or renewal
refused until at least thirty l..!:lys' priorwri[ten notice has been
given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the inten:sts
of CONTRACTOR, Subcontractors or others in the Work to
the extent of any deductible amounts that arc 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 am! ifany of them
wishes property insurance coverage within the limits of such
amounts, each may purchase and maintain it at the purchas-
er's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy, OWNER shall. if possible, include such insurance. and
the cost thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site, OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWN ER.
Waiver oj Rights:
5.11.1, OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5,6 and 5.7 and any
other property insurance applicable to the Work, and also
waive all such rights against [he Subcontractors. ENGI-
NEER, ENGINEER's consultants and all other panies
named as insun:ds in such policies for losses and damages
so caused, As required by paragraph 6.11, each subcon-
tract between CONTRACTOR ;,nd a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favorofOWNER. CONTRACTOR, ENGINEER, ENGI-
NEER's consultants and all other panies 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 OWN ER as trustee or otherwise pay-
able under any policy so issued.
5.11.2. OWNER and CONTRACTOR intend that any
,policies provided in response.: to paragraphs 5.6 and 5.7
shall protect :Ill 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 lhat 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
addition::ll insureds. and if lhe insurers require separale
waiver forms to be signeJ by ENGINEER or ENGI-
NEER's consultant OWNER will obtain lhe same, and if
such waiver forms are requircd of any Subcontr:Jctor,
CONTRACTOR will obtain lhe same.
Receipt and Application oj Procuds:
5.12. I\ny insured loss under the policies of inslJr.J.nce
['equireJ by par:Jgraphs 5.6 and 5,7 will be adjusted with
OWNER and made payable [0 OWNER as trustee for lhe
insureds, as their interests may appe:lr, subject to (he require-
ments of any applicable mortgage clause anci of p:Jragraph
5.13, OWN ER shall deposit in a separate account any money
so received. and shall Jistriburc it in accord:1I1Ce with such
agreemcnt as [he panics in interest may reach, If no other
special agreement is reached [he damagc:d Work shall be
repaired or replaced, (he moneys so received applieJ on
account thereof and the Work and the cost rhereof covered
by an :lppropriate Change Order or Wriuen Amendment.
5.13, OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWN ER 's exercise of this power. If
such Objection be made, OWNER as trustee shall make set-
tlement with the insurers in accordance with such agree'ment
as the panics in intercst may reach, If required in writing by
any pany in interest, OWNER as trustee shall. upon the
occurrcnce of an insured loss, give bond for the proper per-
formance of such duties.
Acceptance of Insurance:
5,14. If OWNER has any objection to the cover.J.ge :l1Torded
by or other provisions of the insurance reqL.:ired [0 be pur-
chased and maintained by CONTRACTOR in accordance
with paragr.lphs 5.3 and 5.4 on the basis of its not complying
with the Contract Documents, OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such cenificates to OWNER in accordance with
paragr:\ph 2,7. If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insur..lnce required to be purchased and mainta.ined by OWN ER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their not complying with the Contract Documents; ,CON-
TRACTOR shall notify OWNER in writing lhereoi\vi.th'in ten
days of the date of delivery of such certificates to "CON-
TRACTOR in accordance with paragraph 2.7. OWNER and.
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWN ER or
CONTRACTOR to give any such notice of objection within
the time provided shall constitute acceptance of such insur-
ance purchased by the other as complying with the Contract
Documents.
Partilll Utili7.f/lion'-Properry Insurance:
5.15. If OWNER finds it necessary to occupy or use a
ponion or ponions of [he Work prior to Substantial Comple-
tion or all rhe Work, such use or occupancy may be accom-
plishcu in accordance wirh paragraph 14. \0: provided that no
13
-.
such use or occupancy shall commence before the insurers
providing the property insurance have acknowledged notice
thereof and in writing effected the chang.es in coverage neces-
sit:l!ed thereby. The insurers providing. the propeny insur-
:lJlce shall consent by endorsement on the policy or policies,
but the property insunnce shall not be cancelled or lapse on
account of any such partial use or occupancy.
ARTICLE 6--CONTRACTOR'S RESPONSll3ILITIES
Supervision and Supen'ntendenCl!;
6.1, CONTRACTOR shall supervise and direct the Work
competently and efliciently. devoting such attention thereto
and applying such skills and expenise as may be necessary
to perform the Work in accordance with the Contract Doc,
uments. CONTRACTOR shall be solely responsible for the
means, methods, techniques. sequences and procedures of
construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means, method. technique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
6.~. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be n:placcd without written notice to OWNER and
ENGINEER except unde:- extraordinary circumstances. The
superintendent will be CONTRACTOR's represenL.'\tive 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, Materials and Equipment;
6.3. CONTRACTOR shall provide competent, suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents,
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the s:tfety or
protection of persons or the Work or propeny 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, Sunday or any legal holiday without OWNER's writ-
ten 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, transporl.'\tion.
construction equipment and machinery, tools. appliances,
fuel. power. light, heat, telephone. water, sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing, performance. testing, start-up
and completion of the Work.
6.5. All materiJls and equipment shall be of good qualicy
and new. except JS otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACfOR shall
furnish satisfactory evidence (including reports of required
,tests) JS to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed, con-
nected, erected, used. cleaned Jnd condicioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contr:lct Documents: but no pro-
vision of any such instructions will be effective to assign to
ENGINEER, or any of ENGINEER's consultants, agents or
employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author-
ity to undertake responsibility contrary to the provisions of
par:lgr:lph 9,15 or 9.16.
Adjusting Progress Schedule;
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to che extent indicated in paragraph ~,9) adjust-
ments in the progress schedule to reflect the impact thereon
of new dev.:lopments: these will conform generally to the
progress schedule then in effect and additionally will comply
with any provisions of the Genernl Requirements applicable
thereto.
Substiw(es or "Or-Equal" Items;
6,7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a panicular Supplier
the naming of the item is intended to est:1blish the type.
function and quality required. Unless the name is followed
by words indicating that no substitution is permined.
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
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-
NEER from anyone: other than CONTRACTOR. If.CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute: will perform ade-
quately 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 spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time. whether or not acceptance of the substitute
for use in the Work will require a change in any of the
Contr:lct 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 whecher
or not incorporation or use of the substitute in 'connection
with the Work is subjectlO payment of any license fee or
14
royaltY. All variations of the proposeu substitute from that
specified will be idel1tifieLl in the applicJtion anLl available
m:lintenance. repair am] replacement service will be indi,
cated. The application will also cOnlain an itemizeLl esti-
mate of all costs that will result L1irectly or inLlirectly from
acceptance of such substitute. including costS of reLlesign
anLl cl:lims of other contractors affecteLl by the resulting
change. all of which shall be considcreu by ENGIN EER
in evaluating the proposeLl substitute. ENGIN EER may
require CONTRACTOR to furnish ;It CONTR,\CTOR's
expense JdLlilional data about the proposeLl substitute.
6.7.:'. Ifa specific means. method. technique. sequence
or procedure of construction is indicated in or required by
the Contr;\ct Documents. CONTRACTOR may furnish or
utilize a substitute means, method, sequence, technique
or procedure of construction acceptable to ENG I N E ER.
if CONTR..\CTOR submits sufficient information to Jllow
ENGIN EER [0 determine that the substitute proposeLl is
equivaknt to that indicat~d or requireLl by the Contract
Documents. The procedure for review by ENGIN EER
will be similar to that provided in paragraph 6,7.1 as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements,
6.7.3. ENGINEER will b,e allowed a reasonable time
within which to evaluate each proposed substitute. ENG!,
NEER \viII be the sole judge of acceptability, and no
substitute will be ordered, inst:llled or utilized without
ENGIN EER's prior wrillen accept:lnce which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a speci:ll performance
guarantee or other surety with respect [0 any substitute,
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in eva:uating substitutions
proposed by CONTRACTOR Hnd in m:Jking changes in
the Contr:lct Documents occasioncd thercby, Whcther or
noe ENGINEER acccpts a proposed substitute, CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for eV:Jluat-
ing each proposed substitute,
Concerning Subcontractors, Suppliers and O/lrers:
6,8.1. CONTRACTOR shall not employ any Subcon-
tractor. Supplier or other person ororganiz:llion (including
those acceptable to OWNER and ENGINEER as inLli-
cared in paragraph 6.8,2). whetha initially or as a substi-
tute, :Jgainst whom OWNER or ENGINEER may have
reasonable objection, CONTRACTOR shall not be required
to employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has n:asonable objection.
6,8.2. If the Supplementary ConLlitions require the'
identity of certain Subcontractors. Suppliers or other per-
sons or org:lnizations (incluLling those who are to furnish
the princip:ll items of matcri:lls :Jnd equipment) to be sub-
milled to OWN ER in advance: of the specified t!:lte prior
to the EfCe:ctive Date of the :\greement for acceptance by
OWNER and ENGINEER and if CONTR/\CTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWNER's or ENGINEER's accept-
:Jncc !either in writing or by failing to m:lke written objec-
tion thaetd by the d:Jte indicatcd for accept:\nce or objec-
tion in the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
org:lnization so identilied may be revoked on the basis of
re;tsonabk objection :Jfter due: investigr,tion, in which case
CONTRACTOR shall submit:ln acceptable substitute, the
Contract Price will be: increased by the: diO'erence in the
cost occ:lsioned by such substitution and an appropri:lte
Change Orde:r will be issued or Wrillen Amendment signed.
No acceptance by OWNER or ENGIN EER of :lny such
Subcontractor, Supplie:r or other person or organiz:ltion
shall constitute a waiver of any right of OWN ER or ENG I,
N EER to reject (/('1;'c/;"1: Work.
6,9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER Cor all ,ICtS and omissions of the Subcon-
tractors. Suppliers :lnLl other persons and organizations per-
forming or furnishing any of the Work under a direct or
inLlirect contract with CONTR.-\CTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documents shall cre:lte any
contractual relationship betwcen 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 p:Jyment 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 :lnd sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppli<.:rs or delineating [he Work to be performed by any
specific trade.
6.11, All Work performed for CONTRACTOR by a Sub-
co'ntrat:lor will be purs!-lant to an appropriate'- agreemem
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor [0 the applicable tenTIs and
conditions of the Contract Documents for the beJle'fi[ of
OWNER and ENGINEER and contains waiver provisions
as required by par:lgmph 5.11. CONTRACTOR shall pay
'each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs ),6 and 5.7,
Patent Fe~s and Royalties:
6.12. CONTRACTOR sh:lll pay all license fees and roy-
alties and assume all costs incident to the use in the perfor-
mance 01' the Work or the incorporation in the Work of any
invention. design. process. product or tkvice which is the
subject 01' patent rights or copyrights helLl by others. If a
panicular invention. design. process. product or device is
specifieLl in the Contr:1ct Documents for use in the perfor-
mance of the Work :lnd if to the actual knowledge of OWN ER
15
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 Contr.lct Documents.' CONTRACTOR shall indemnify
and hold harm1c:ss OWNER and ENGINEER and anyone
directly or indirectly employed by either of them from and
apinst all claims, damages, losses and expenses (including
attorneys' fees and coun and arbitr.ltion 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 Contr.lct Documents,
and shall defend all such claims in connection with any alleged
infringement of such rights.
Pennits:
6.13, Unless other-vise provided in the Suppkmentary
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. CONTRACfOR shall P:lY all governmental charges
:md inspection fees necessary for the prosecution of the Work,
which are :lpplicable at the time of opening of Bids, or if there
are no Bids on the Effective Date of the Agreement. CON-
TRA.CTOR shall pay all charges of utility owners for con-
nections to the Work. and OWNER shall pay all charges of
such utility owners for capital costs related thereto such as
plant investment fees.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and performance of the Work, Except where oth-
erwise expressly required by applicable Laws and Regu-
btions. neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
:my Laws or Regulations,
6.14.2. If CONTRACTOR observes th:lt the Specifi-
cations or Drawings are at variance with any Laws or
Regulations, CONTRACfOR shall give ENGINEER
prompt wrinen notice thereof. and any necessary ch:lnges
will be authorized by one of the methods indicated in
paragraph 3.4. [f CONTRACTOR performs any Work
knowing or h:lving reason to know that it is contrary to
such Laws' or Regulations. and without such notice to
ENGINEER. CONTRACTOR shall be:lr all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings :lre in accordance with such Laws and
Regulations.
Tares:
6.15. CONTRACTOR shall pay all sales. consumer, use
and other similar taxes required to be paid by CONTRAC-
TOR in :lccordance with the Laws :lnd Regulations of the
pbce of the Project which are applic.J.ble during the perfor-
mance of the Work,
.Use of Pnmises:
6.16. CONTRACfOR shall contine construction equip-
ment, the storage of materi:1ls and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and permillc:d by the Contr.lct Documents and other
!:lnd and areas permitted by Llws :lnd Regulations. rights-
of-way, permits and easements, and shall not unre:lsonably
encumber the premises with construction equipment or othc:r
mJtcrials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any ~uch land or area, or to
the owner or occupant thereof or of any land or areas contig-
uous thereto, resulting from the performance of the \Vork.
Should any cl:lim be made against OWNER or ENGINEER
by any such owner or OCCUp:lnt because of the performance
of the Work, CONTRACTOR shall promptly attempt to settle
with such other party by :lgreement or other-vise resolve the
claim by arbitration or at law, CONTRACTOR shall. to the
fullest c:xtent permitted by Laws and Regulations. indemnify
and hold OWNER and ENGINEER hmnJess from:md :l.g:Unst .
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
CONTRACfOR's performance of the \\l6rk.
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 CONTRACTOR shall remove
all W:lste materials, rubbish and debris from and about the
pn.:mises :lS well as :111 tools, :lppliances. construction equip-
ment and machinery, and surplus materials, and shall leave
the site clean and ready for OCCup:lncy by OWNER. CON-
TRACTOR sh:1l1 restore to original condition all propeny not
designated for :l!teration by the Contract Documents,
,., ",
.' ','
6,18. CONTRACfOR shall not load nor permit any p'an
of any structure to be loaded in any m:lnner that will endanger
the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent propeny to stresses or pressures that
will end:lnger it.
Ruord Documenls:
6,19. CONTRACTOR shall maint:lin 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 :lnd annot:lled to show all changes made during con-
struction. These record documents together with all approved
s:lmp1es :lnd a counterpan of all :lpproved Shop Drawings
will be available to ENGINEER for reference. Upon com-
16
'pletion of the Work. these record documents, samples and
Shop Drawings will be deliveretl to ENGINEER for OWN ER.
Safety and ProtectioT/;
6.20. CONTRACTOR shall be responsibk for initiating,
maintaining and supervising all safety precautions antl pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for the safety of. and sh:tll
provide the necessary protection to prevent damage. injury
or loss to:
6.~0.l, :tll employees on the Work and other persons
and organizations who may be :tITected thereby:
6,~0.~, all the Work and m:tterials amI equipment to
be incorporated therein. whether in storage on or off the
site: and
6,20.3. other property at the site or :tdjacent thereto.
including trees. shrubs, lawns, walks. pavements, road-
. ways. structures, utilities and Underground F:lcilities not
designated for removal. relocation or replacement in the
course of construction,
CONTRACTOR shall comply with all applicable Laws :lnd
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 amI maintain all necessary
safeguards for such safety and protection, CONTRACTOR
shall notify owners of adj:\cent 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 prop-
erty. All dam:tge. injury or loss to any property referred to
in paragraph 6.~O.:! or 6.20.3 caused. directly or indirectly.
in whole or in part, by CONTRACTOR, any Subcontractor.
Supplier or :tny other person or org:tniz:ttion directly or indi-
rectly employed by any of them to perform or furnish :lny of
the Work or anyone for whose acts any of them may be li:lble,
shall be remedied by CONTRAC~OR (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 :lnyone for whose acts either
of them may be liable, and not attributable, directly or indi-
rectly, in whole or in part, to the fault or negligence of CON-
TRACTOR). CONTRACTOR's duties and responsibilities
for the safety and protection of the Work shall continue until
such time as all the Work is completed and ENGINEER has
issued a notice to OWN ER and CONTRACTOR in accord-
ance with par:\gr:\ph 14.13 th:lt the Work is :\cceptable (except
as otherwise expressly provided in connection with Substan-
tial Completion).
6.~ I. CONTRACTOR shall designate a responsible rep-
resentative at the site whose duty shall be the prevention of
accidents. This person shall b.: CONTRACTOR's superin-
tendent unless otherwise designated in writing by CON-
TRACTOR to OWNER.
Emergmcit's:
6.2~. [n emergencies alTecting the s:\fety or protection of
persons or the Work or property at the site or adjacent thereto,
CONTR/\CTOR, without speci:tl inS[fuction or authorization
from ENGINEER or OWNER. is obligated to act to prevent
threatened damage. injury or loss. CONTR..\CTOR shall give
ENGINEER prompt written notice ifCONT10\CYOR bclievcs
that any significant dl:1nges in the Work or v:\riations from
the Contract Documents have been caused thc:rc:by. If ENGI-
NEER determines that a change in the Contract Documents
is required because of the action taken in response to :In
emergency, :I Work Directive Change or Change Ordc:r will
be issU(;d to document lhe consequences of the ch:\nges or
v:lriations.
Shop Drawings and Samples:
6,23. After checking and verifying all field measurements
:\nd after complying with applic:lble procedures specified in
the General Requirements, CONTRACTOR shall submit [0
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Dr.lwing submissions (see para-
graph 2.9), or for other appropri:lle action if so indicated in
the Supplementary Contlitions, five copies (unless otherwise
specified in the General RequiremenlS) of all Shop Dr:\wings,
which will bear :l stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions will be identified
as ENGINEER may require, The data shown on the Shop
Dr:lwings will be complete with respect to quantities, dimen- ,
sions. specified performance and design critena. materials
and similar data to enable ENGINEER ro review the infor-
mation as required.
6.24. CONTRACTOR shall also submit to ENGINEER
for revicw and approval Wilh such promptness as to C:lUse
no delay in Work, all samples required by the Contract Doc.
uments. All samples will have been checked by and accom-
panied by :l specific written indication th:\t CONTRACTOR
has satisfied CONTR..\CTOR's responsibilities undc:r the
Contract Documents with respect to the review of trye sub-
mission and will be identified clearly as to material. Supplier.
pertinent data such as catalog numbers and the use for. ~Yhich
intended,
6.25.1, Before submission of each Shop Drawing or
s:lmple CONTRACTOR shall have determined and veri-
fied all quantities. dimensions. specified performance cri-
teria. inst:lllation requirements. materials, catalog num-
bers and similar data with respect (hereto and reviewed
or coordin:lted e:lch Shop Dr:lwing or s:lmple with other
Shop Drawings and samples :lnd with lhe requirements of
the Work :lnd the Contract Documents.
6.25.~, At the time of each submission. CONTRAC-
TOR shall give ENG IN EER specitlc written notice of each
v:\rialiun that the Shop Drawings or samples m:\y have
from th.: requirem.:nts of the Contract Documents, and,
in addition, shall C:\lIse a specific notation to be made on
17
each Shop Drawing submiued to ENGINEER for review
and approval of each such v:uiation.
6,26. ENGINEER will review and approve with re:lson-
able promptness Shop Drawings and samples, but ENGI-
NEER's review and approval will be only for conformance
with the design concept of the Project :lJ1d for compliance
with the information given in the Contract Documents and
shall not extend to me:lns, methods. techniques, sequences
or procedures of construction (except where'a specific means,
method. technique, sequence or procedure of construction is
indiC:lted in or required by the Contract Documents) or to
safety precautions or programs incident thereto, The review
and approval of :I sep:lrate item :IS such will not indicate
:lpproval of the assembly in which the item functions. CON-
TRACfOR shall make corrections required by ENGINEER.
:lIld shall return the required number oi corrected copies of
Shop Drawings :lIld submit as required new samples for review
and approval. CONTRACTOR shall direct specific :lttention
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals,
6.27. ENGINEER's review and approval of Shop Draw-
ings or samples sh:lll not relieve CONTRACTOR from
responsibility for any vari:ltion from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation :It the
time of submission as required by par.lgraph 6.25.2 and
ENGINEER,has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval: nor
will any approval by ENGINEER relieve CONTR.ACfOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25,1.
6.28. Where :I Shop Drawing or sample is required by the
Specific:uions, any rel:1tcd Work performed prior to ENGI-
NEER's review and approval of the peninent submission will
be the sok expense and responsibility of CONTRACTOR,
Continuing (hI! Work:
6.29. CONTRACTOR shall carry on the Work :lnd adhere
to the pro[;J'ess schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise :lgree in writing.
IndemnijicaJion:
6,30, To the fullest extent permiltedby 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 coun and arbitration costs) aris-
ing out of or resulting from the performance of the Work,
provided that any such claim. damage, loss or expense (:I) is
:luributable to bodily injury. sickness, disease or death. or to
injury to or destruction of tangible propeny (other than the
Work itselO 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, :lny person
or organiz.'uion directly or indirectly employed by any of them
to pen-orm or furnish any of the Work or anyone for whose
acts any of them may be liable, regardless of whether or not
it is c::lUsed in pan by a party indemnified hereunder or arises
by or is imposed by L.Jw and Regulations regnrdless of the
negligence of :lny such pany,
6,31. In any and all claims ag.ainst OWNER or ENGI-
N EER or any of their consultants, agents or employees by
any employee of CONTRACTOR. any Subcontractor. any
pason or ol1:anization 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 indemnific:nion
Obligation under paragraph 6,30 sh:lll not be limited in any
way by :lny limit:ltion on the amount or type of damages.,
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or or!pnization '
under workers' or workmen's compensation acts. disability
benefit acts or other employee benefit acts.
6,32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants. agents or employees arising out
of the prepa.r.ltion or approval of maps. drawings, opinions,
reportS. surveys, Change Orders, designs or specifiouons.
ARTICLE 7-OTHER WORK
R~/111ed Work at Sile:
7. J. 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 din:ct contracts therefor
which shall contain General Conditions similar to these. If
tlie f:lct that such other work is to be performed was not not~d
in the Contract Documents. written notice thereof wil('be
given to CONTRACTOR prior to starting any such other
work: and. if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACfOR or
requires additional time and the panies are 'unable to agree
:IS to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles I I and 12.
7,:'. CONTRACTOR shall alTord e:lch utility owner and
other contractor who is a pany 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 :lnd equipment and the execution of such work. and
shall properly connect and coordin:lte the Work with theirs.
CONTRACTOR shall do all cutting, fining and patching of
the Work that may be required to make its several parts come
together properly and integrate with such other work. CON-
18
TRACTOR sh~,dll1Ol enlbnger any work of others by cutting.
eXC:lVating or oth.:rwise altering their work and will only cut
or alt.:r their work with the wrinen consent of ENG IN E ER
and lhe others whose work will be affected. The uuties ~Ind
responsibiliti.:s of CONTRACTOR under this paragraph are
for lhe benefit of such utility owners and other contr:JClors
to the extent th;H there :Ire comp:lr:lble provisions for the
benefit of CONTRACTOR in said direct contracts betw.:en
OWNER and stich utility owners and other contr:JClors,
7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upori th.: work of any such oiher
contractor or utility owm:r (or OWNER). CONTRACTOR
shall inspect and promptly report to ENGINEER in \\'-riting
any delays, dd'ects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results, CONTR:\CTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for inte~ra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work.
Coordina/ion:
7.4. If OWNER contracts with others for the perfor-
mance of other work on the Project :ltthe site. the person or
organization who will have authority and responsibility for
coordination of the activities :lmong the various prime con-
tr:Jctors will be identified in the Supplementary Conditions,
and the specific matters [0 be covered by such authority :lnd
responsibility will be itemized, and the extent of such nuthor-
ity and responsibilities will be provided, in the Supplementary
Conditions, Unless otherwise provided in the Supplementary
Conditions, neither OWNER nor ENGINEER shnll have any
authority or responsibility in respect of such coordination,
ARTICLE 3-0WNER'S RESPONSIBILITIES
8.1. OWNER shall issue all communications to CON-
TR1\CTOR 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 sta-
tus under the Contract Documems shall be that of the fonner
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER
under (he Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly after they are due as
provided in p:lragraphs 14.4 and 14.13.
3.'1. OWNER's duties in respect of providing lands and
easements :lnd providing engineering surveys to establish
reference points are set forth in p:tragr:lphs 4.1 and 4A. Para-
gr:lph 4.2 rel'crs to OWNER's identifying :lnd m:lking avail-
able to CONTRACTOR copies of reports of explorations and
tests of subsurface conditions at the site and in e:xisting struc-
tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maint:lining liability and property insur:lnce are set forth
in par:lgr:lphs 5.5 through 5.8.
8.6. OWN ER is obligated to e.xecute Change Orders as
indic:lted in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections. tests and approvals is set forth in paragr:lph 13.-1.
8.8. In connection with OWNER's right to SlOp Work or
susrend Work, see paragraphs 13.10 and I). I. Par:lgraph 15.2
deals with OWNER's right to terminate services of CON-
TRA.CTOR under certain circumstances,
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
:lnd the limit:ltions of authority of ENGIN EER as OWN ER's
repn:sentative during construction are set forth in the Con-
tract Documents and sh:lll not be extended without wrinen
consent of OWNER and ENGINEER.
Visi/s to Site:
9.2. ENGINEER will make: visits to the site at intervals
:lppropriatc to the various stages of construction to observe
the progress and qU:llity of the executed Work and to deter-
mine, in general, if thc Work is proceeding in accordance
with (he ConrrJct Documents. ENGINEER will not be required
to m:lkc exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. ENGINEER's efforts
will be directed IOwan] 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"onositc
observ:ltions as an experienced and qualified design':profes-
sional. ENGINEER will keep OWNER infonned 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 (0 assist
ENGINEER in observing the perfonnance of the Work. The
duties, responsibilities and limitations of authority of any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWN ER at the site
who is not ENGINEER's :lgent or employee, the duties,
responsibilities and limit:ltions of authority of such other
person will be as provided in the Supplementary Conditions,
\9
Clanjicarions arui 1 nUrprwuioflS:
9.4, ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the ContrJct Documents (in the fonn of Drawings
or otherwise) as ENG rNEER may detennine necessary, which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents, If CONTRACTOR
believes that a written cI::uitic:ltion or interpretation justifies
an increase in the Contract Price or an extension of the
ContnCl Time and the panics are unable' to agree to the
amount or extent thereof. CONTI'v\CTOR may make a claim
therefor as provided in Article II or Anicle 12.
Authorized VarWt!OflS in Work;
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contnct Time and are consistent with the overall intent of
the Contract Documents, These may be accomplished by a
Field Order and will be binding on OWNER, and also on
CONTRACTOR who shall perfonn the Work involved
promptly, If CONTRACTOR believes that a Field Order
justifies an increase in the Contnct Price or an extension of
the Contnct Time and the parties are unable to agree as to
the amount or extent thereof. CONTRACTOR may make a
claim therefor as provided in Article II or 12.
Rejecting Defective Work:
9,6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defeclive. and
will also have authority to require special inspection ortesting
of the Work as provided in par:lgr:1ph 13,9, whether or not
the Work is fabricated. installed or completed,
Shop Drawings, Challge Orders alld Payments:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples, see paragnphs 6,23 through
6.29 inclusive,
9.8. In connection with ENGINEER's responsibilities as
to Change Orders, see Articles 10, II and 12.
9.9, In connection with ENGINEER's responsibilities in
respect of Applications for Payment, etc., see Anicle 14.
Delermi1Ultions for Unit Prius:
9.10. ENGINEER will determine the actual quanutles
and classifications of Unit Price Work perfonned 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
after the date of any such decision, either OWNER or CON-
TRACTOR delivers to the other pany to the Agreement and
to ENGINEER written notice of intention to appeal from
such :1 decision.
pULsions on DjspuI~s:
'),11. ENGINEER will be the initial interpreter of the
requircments of the Contract Documents and judge of the
accepl.'1bility of the Work thereunder. Claims, disputes and
other matters re13ting to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pe:1aining to the performance and furnishing of the Work and
cl:lims under Anicles 11 and 12 in respect of changes in the
Contract Price or Contnct Time will be referred initially to
ENGINEER in writing with a request for a formal decision
in accordance with this paragraph, which ENGINEER wilJ
render in writing within a reasonable time, Written notice of
each such claim, dispute and other maner 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 supponing data will be submitted to ENGINEER and
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain'
more accurate data in suppon of the claim.
9,12. When functioning as interpreter and judge under
pangnphs 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 par.lgraphs 9.10'and 9,11 with respect
to any such claim, dispute or other m:ltter (except any which
h:lve been waived by the making or accep!.:lnce of final pay-
ment as provided in paragraph 14. J 6) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or other maner.
Limitations on ENGINEER's R~sponsibiJ.iJi~s:
9.13, Neither ENGINEER's authority to act under,t'hi~
Anicle 9 or elsewhere in the COntr.lCt Documents norjiiiy
decision made by ENGINEER in good faith eitherto 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
perfonning any of the Work, or to any surety for any of them.
9,14. Whenever in the Contr.lct Documents the tenns "as
ordered", "a.s directcd", "as required", "as allowed". "as
approved" or tenns of like effect or impon are used, or the
adjectives" rea.sonable", "suiuble", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or impon are
lIsed to describe a requirement, direction. review or judgment
of ENGINEER as to [he Work, it is intended th:H such
requirement, direction, review or judgment will be solely [0
cvalu:lte the Work for compliance with the Contract Docu-
mentS (unless there is a specific statement indicating other-
wise). The use of any such tenn or :!djective shall no! be
20
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 pro-
grams incident thereto, am! ENGINEER will not be respon-
sible 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
Supplier, or of any other person or organization performing
or furnishing :1l1Y of the Work.
ARTICLE IO-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:
thesc 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 applic:lble
conditions of the Contract Documents (except as othcrwise
specifically provided).
10.2, If OWNER and CONTRACTOR arc unable to agree
as to the extcnt, if any, of an increase or decrease in the
Contract Pricc or an cxtension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Ch:lnge. a claim may be made therefor as provided in Article
II or Article 12.
10.3. CONTRACTOR shall not be entitled to an incre:lsc
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, modi lied and supple-
mented as provided in par:lgraphs 3.4 and 3.5, except in the
case of an emergency :IS provided in paragraph 6.22 and
except in the case of uncovering Work as provided in para-
graph 13.9.
10.4. OWNER :lnd CONTRACTOR sh:lll execute appro-
priate Change Orders (or Written Amendments) covering:
10.4.1. changes in the Work which are ordered by
OWN ER pursuant to paragraph 10.1, are required because
of acceptance of defective Work under paragraph 13.13 or
correcting defee/iI'e Work under paragraph 13.14, or are
agreed to by the panies:
10.4.2. changes in the Contract Price or Contract Time
which are agreed to by the panies: and
10.4.3. changes in the Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9.11:
provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal. CON-
TR1\CTOR shall carryon (he Work and adhere to the prog-
ress schedule as provided in paragraph 6.29,
10,5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documenis
(including, but not limited to, Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a sun:ty, the giving of any such notice will be CONTRAC-
TOR's responsibility, and the amount of e;ich applicable 130nd
will be adjusted accordingly,
ARTICLE II-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties. responsibil-
ities and obligations assigned to or undertakcn by CON-
TRACTOR shall be at his e,~pense 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 (he claim [0 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
deliven:d within sixty days after such occurrence (unless
ENGINEER allows an additional perioe! 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 :ltl.d.con-
sequential) to which the claimant is entitled as :I resLiI(of the,
occurrence of said event. All claims for adjustment iri the
Contract Price shall be determined byENGINEER in accor-
dance with paragraph 9.1 I if OWNER and CONTRACTOR
cannot otherwise :lgree 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 comained in the Contract Documents. by applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11,9.1, through
11.9.3, inclusive).
21
11.3.2. By mutual acce;:llance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with parngraph 11.6.2.1).
11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragrnphs 11.4 and II,S) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in par.lgrnphs 11.6 and 11.7),
Cost of the Work:
1 1.4. 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 sh:tll be
in amounts no higher than those prevailing in the loc:tlity of
the Project. shall include only the following items and shall
not include any of the costs itemized in paragr.lph 11.5:
11,4,1. P:lyroll costs for employees in the direct employ
of CONTRACTOR in the: performance of the Work under
schedules of job classifications agreed upon by O\VNER
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
t.:J..xes. workers' or workmen's compensation, he:tlth and
retirement benefits, bonuses, sick leave, vacation and hol-
iday pay applicable thereto. Such employees sh:tlI include
superintendents and foremen at the site, The expenses of
performing Work after regular working hours, on Satur-
day, Sunday or legal holidays. sh:tll be included in the
above to the extent authorized by OWNER.
11.4.2, Cost of all m:\terials and equipment furnished
and incorporated in the Work, including costs of trans-
port:ltion and stornge thereof, and Suppliers' field services
required in connection therewith, AII cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments, in
which case the cash discounts shall accrue to OWNER,
All trnde discounts, rebates and refunds and all returns
from sale of surplus materi:tls and equipment sh:tll accrue
to OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
SubcontrnclOrs for Work performed by Subcontrnctors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from Subcontr.lctors acceptable to CON-
TRACTOR and sh:tll deliver such bids to OWNER who.
will then determine, with the advice of ENGINEER. which
bids will be accepted. If a subcontrnct provides that the
Subcontr:lctor is to be paid on the basis of Cost of the
Work Plus a Fee, the Subcontrnctor's Cost of the Work
sh:tll be determined in the same manner as CONTRAC-
TOR's Cost of the Work. All subcontrncts 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. lesting labor.ltories. sur-
veyors. attorneys and accountants) employed for services
specifically related to the Work.
11.4,5. Supplemental costs including the following:
11.4.5,1. The proportion of necessary tr:lnsporta-
tion. tr.lvel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11 A.5.:!. Cost. including trnnsportJ.tion and main-
tenance. of all materi:lIs, 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 propeny of CONTR.i\CTOR.
11.4.5.3, Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rent:J.!
agreements approved by OWNER with the advice of
ENGINEER, and the costs of tr::tnsportJ.tion. loading,
unloading, installation, dismantling and removal
thereof-all in accordance with terms of said rent:J.!
agreements. The rental of any such equipment, machin~
ery or pans sh:tll cease when the use thereofis no longer
necessary for the Work.
11.4.5.4, Sales, consumer, use or similar taxes
related to the Work. and for which CONTRACTOR is
liable, imposed by uws and Regulations,
11.4,5,5. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor or any-
one directly or indirectly employed by any of them or
for whose acts any of them may be liable. and royalty
payments and fees for permits and licenses. .. ~::,
11.4.5.6. Losses and damages (and related
expenses). not compensated by insur.lnce or otherwise,
to (he Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the
deductible amounts of property insur.lnce established
by OWNER in accord::lnce with p::lragraph 5.9), pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR, any Subconlrnctor, or
anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such
losses shall include seltlements 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 CONTRAC-
TOR's Fee. If. however, any such loss or damage
22
requires reconstruction and CONTRACTOR is placeJ
in charge thereof, CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragrJph
11.6.2.
11.-1.5.7, The cost of utilities, fuel and sanitary
facilities at the site.
IIA.5.S. :VIi nor expenses such JS telegrams, long
distance [elephont: calls, telephone service at the site,
expressage and simil:lr pelty C:lsh ite'ms in connection
with the Work.
\ 1.4.5.9. Cost of premiums for additional13onds
and insurance required bt:cause or changes in the Work
and premiums for property insurance coverage within
the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.9.
11.5. The term Cost of the Work shall not include any of
the following:
11.5. I. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of pannc:r-
ship and sole proprietorships), general managers. engi-
neas, architects. estimators. attorneys. :lUditors, accoun-
tants. purchasing and contracting agents. expeditors,
timekeepers, clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR's principal or a branch office for general administra-
tion of the Work and not specifically included in the agreed
upon schedule of job classifications n:ferred to in pJra-
graph 11.4.1 or specific:t1ly covcn:d by paragraph 11.4.4--
all of which arc to be considered :ldministrative costs
covered by the CONTRACTOR's Fee.
11.5.2. Expenses ,,[ CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
sitt.:.
11.5.3. Any part ofCONTRACTOR's capital expenses,
including interest on CONTRACTOR'S capit:ll employed
for the Work and charges against CONTRACTOR for
delinquent payments,
11.5.4. Cost of premiums for all Bonds and for all
insur:lOce whether or not CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub-
paragraph\ \.4.5.9 above).
\ \.5,5. Costs due to the negligence of CONTRAC-
TOR, any Subcontractor. or anyone directly or indirectly
employed by any of l!lem or for whose acts any of them
may be liable. ir.duding but not limited to, the correction
of deji/nil:' Work, disposal of m:1terials or equipment'
wrongly sUt ;;:..,'Ia::d making good any damage to prop-
erty.
11.5.6. Olher overhead or general expense costS of
any kind and the costs of any item not specifically and
expressly included in paragraph 11.-1.
CONTRACTOR's Fee:
11.6. The CONTRACTOR's fee allowed [0 CONTRAC.
TOR for overheat! and profit shall be determined JS follows:
11.6.1. :J mutually acceptable fixed fee: or if nonc 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.:'.1. for COSIS incurred under par.1graphs 11.-1.1
and 11.4.:'. the CONTRACTOR's Fee shall be fifteen
percent:
11.6.:'.:'. for costs incurred under paragraph 11.-1,3,
the CONTRACTOR's Fee shall be f.ve percent: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee, the maximum allow:Jble to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
11.6.2.3. no fee shall be payable on the basis ,of
costs itemized under paragraphs 11.4.4, 11.-1.5 and 11.>:
11.6.2.4. the amount of credit to be Jllowed by
CONTRACTOR to OWNER for any such change which
results in :J net decn:ase in cost will be the amount of
the Jctual net decre:Jse plus a deduction in CONTRAC-
TOR's Fee by an amount equal to ten percent of the
net decreJse; and
11.6,2.5. when both additions and credits are
involved in anyone ch:lnge, 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
thro;Jgh 11.6.2.4. inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraph \ 1.4 or 11.5, CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
..
," ~~." : .
11,8, It is understood that CONTRACTOR has inc'luded'
in the Contract Price all allowances so named in the Contrnct
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 mJY be acceptable to ENGI-
NEER, CONTRACTOR agrees that:
11,S.I. 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 sitc, and all applicable taxes; and
I1.S.2. CONTRACTOR's costs for unloading and
handling on the site. labor, installation costs. overhead,
profit and other expenses contemplated for the allowances
hJve been included in the Contract Price and not in the
23
aJ..Iowances, No dem:lI1d for additional payment on account
of aJ1Y thereof will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER (0 reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be correspond-
ingly adjusted.
Unit Price Work:
J J .9. J, Where the Contnct Documents provide that
all or part of the Work is to be Unit Price Work, initially,
the COnlr:lct Price will be deemed (0 include for all Unit
Price Work an amount equ:u to the sum of the established
unit prices for each separ:llcly identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contr:lct Price, Determinations of the actual qUaJ1-
tities aJ1d classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
daJ1ce with Par:lgraph 9.]0,
] 1.9.2. Each unit price will be deemed to include aJ1
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for e:lch sep-
arately identified item.
]] .9,3. Where the qU:lnlity of any item of Unit Price
Work performed by CONTRACTOR differs materially
aJ1d significantly from the estimated quantity of such item
indic:lted in the Agreement and there is no corresponding
adjustment with respect [0 any other item of Work and if
CONTRACTOR believes that CONTRACTOR h:lS
incurred additional expense as a result thereof. CON-
TRACTOR may make a c1:1..im for an increase in the Con-
tract Price in accordance with Anicle 1 J if the panies are
unable to agree as to the :J.mount of any such increase.
ARTICLE 12-CHANGE OF CONTRACT TIME
]2. I, The Contr:1ct Time may only be ch:lI1ged by a Change
Order or a Written Amendment. Any cl:1..im for an extension
or shonening of the Contr:lct Time shall be based on written
notice delivered by the party making the claim to the other
party aJ1d 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 cl:1..im. Notice
of the extent of the claim with supponing datn 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 cl:1..im) and shall be accom-
parued by the cl:1..imant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
has ~son to believe it is entitled as a result of the occurrence
of said event. All c1:1..ims for adjustment in the Contr:lct Time
sh:tll be determined by ENGINEER in accordance with para-
gnph 9.11 if OWNER and CONTRACTOR cannot otherwise
agree. No cl:1..im for :lI1 adjustment in the Contract Time will
be valid if not submitted in accordance with the requirements
.of this pangnph 12.1.
12,2. The Contr:1ct Time will be e~tended in aJ1 amount
equal to time lost due to del:J.Ys beyond the control of CON-
ITv\CTOR if a claim is made therefor as provided in para-
gnph 12.1. Such delays sh:lll include, but not be limited to,
:lcts or ne~ect by OWNER or others performing :ldditional
work as contemplated by Anicle 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
arc 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 :lnd other professionals and coun and arbitration
costs) for delay by either pany,
ARTICLE IJ-W ARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Warronl)"and GlUlTOnJU:
13 .1, CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the COnlr:lct Documents and will not be defective.
Prompt notice of all defects shall be given to CONTRAC-
TOR, All deJl:crivl: Work, whether or not in place, may be
rejected, corrected or accepted as provided in this Anicle 13,
A,CC~5S to Work:
13.2. ENGINEER and ENGINEER's representatives,
other representatives of OWNER, testing agencies and'goy-
ernmen~ agencies withjwisdictionaJ interests will have aCcess
to the Work at re:lsonable times for their observation. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access, .
T~SLS and Inspections:
13.3. CONTRACTOR shall give ENG]NEER timely notice
of re:ldiness of the Work for all required inspections. tests or
approvals.
13.4. If L:J.ws 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 therefor, pay all costs in connection
therewith and furnish ENGINEER the required cenificates
of inspection, testing or approval. CONTRACTOR shall also
24
be responsible for and sh:1I1 pay all costs in connection with
any inspection or testing required in connection with OWN-
ER's or ENG IN EER 's acceptance of a Supplier of materials
or equipment proposed to be incorporated in,lhe Work, or of
materials or equipment submitted for approval prior to CON-
TRACTOR's purchase theno'of for incorporation in the Work.
The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specified).
13.5, All inspections. tests or approv<lls other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by org<lniz:llions accept<lble
to OWNER <lnd CONTRACTOR (or by ENGINEER if so
specified).
13,6. If any Work (including the work of others) that is
to be inspected, tested or <lpproved is covered without written
concurrence of ENGINEER, it must. if requested by ENGI-
N EER, be uncovered for observation, Such uncovering shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice ofCONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
13.7. Neither observations by ENGINEER nor inspec-
tions, tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's oblig<llions to perfonn the Work
in accordance with the Contr:lct Documents.
Uncovering Work:
13 .8, Ifany Work is covered contrary to the \vntten request
of ENGINEER. it must. if requested by ENGINEER, be
uncovered for ENGINEER's observation and replaced <It
CONTRACTOR's e.xpense.
13,9, If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by olhers, 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 defecliI'l!. CONTRACTOR shall ,bear all direct.
indirect and 'consequential costs of such uncovering, expo-
sure, observation. inspection and testing and of satisfactory
reconstruction, (including but not limited to fees and charges
of engineers, archilects. attorneys and other professionalsl.
and OWN ER shall be entitled lO an appropriate decrease in
the Contract Pricc. and. if the parties arc unable to agree as
to the amuunt thereof. may make a claim therefor as provided
in Article II. If. howe\'<:r, such Wvrk is not found to be
defecti,"', CONTRACTOR shall be allowed an increase in
the Contract Price ;::r:;n e.\tcnsion of the Contract Time, or
both. directly attribul:lbk tv such uncovering, exposure.
observatiun. inspection. testing anu reconstruction: and, if
the panies arc unabk to agree as to the amount or e:<:tent
thereof. CONTRACTOR may make a claim therefor as pro.
videu in Articles II and 12.
Owner MIly' SlOp lire Work:
13,10. II' tht: Work is dl!fl!cli\'I!, or CONTRACTOR fails
to supply sul'ficienl skilled workers or suitable materials or
equipment. or f:lils to furnish or perform the Work in such :l
way that the completed Work will conform to the Contract
Documents, OWN ER may ordt:r CO:--lTRr\CTOR to SlOp the
Work. or anv portion thereof. until the cause for such order
has been eliminateu: however. this right of OWNER to stop
the Work shall not give rise to any dUlY on the part of OWN ER
10 exercise this right ror the benefit of CONTRACTOR or
any other P:lrt y,
Correclion or Removal of Defecli,'e Work:
13.11, II' required by ENGIN EER. CONTRACTOR shall
promptly, as directed. either correct all c1efl!cliI'e Work,
whether or not fabricated, installed or completed, or. if the
Work has been rejected by ENGINEER. remove it from the
site and replace it with nondefeclil'e Work. CONTRACTOR
shall bear all direct, indirect and consequential costs of s4th
correction or removal (including but not limited to fees and
charges oC engineers. architects, attorneys and other profes-
sionals) made necessary thereby.
One Year Correclion Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed br Laws or Regulations or by the tenns of any appli-
cabk special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents, any
Wurk is found to be defecliI'/!, CONTRACTOR shall promptly,
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such dl!fl!Clil'e Work, or,
if it has been rejected by OWN ER. remove it from the site
and replace it with nondl!fecl;"'/! \Vork, If CONTRACTOR
does not promptly comply with the terms of such instructions,
or in an emergency where delay would calise seriolls risk of
loss or damage, OWNER may have the defl!ctil'e Work cor-
rected or the rejected Work removed and repl:iced.,tihd all
direct, indirect and consequential costs of such removai 'and'
replacemen~ (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals) will
b.:: paid by CONTRACTOR, in special circumstances where
a particular item of equipment is placed in concinuous service
before Substantial Completion oCall 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.
Acceplance of Defecli,'e \York:
13.13. If, instead of requiring correction or removal and
replacement of ,h:/l'clil'/! Work. OWNER (and, prior to
ENGINEER's recommendalion of final payment. also
ENG1N EERl prefers to accept it. OWNER may do so, CON-
TRACTOR shall bear all direct. indirect ami consequential
2S
costs :lttribut:lble to OWNER's evaluation of and detenni-
n:ltion to accept such defective Work (such costs to be approved
by ENGIN EER as [0 re:lsonableness :lnd to include but not
be limited to fees and charges of engineers, architects, attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommend:ltion of final payment,:l
Ch:lnge Order witI be issued incorpor:lting the necess.:u-y revi-
sions in the Contract Documents with respect to the Work:
and OWNER shall be entitled to an appropriate decrease in
the Cont.r:lc~ Price, :lnd, if the parties are unable to agree as
to the amount thereof. OWNER may make a c1:1im therefor
as provided in Article II. If the acceptance occurs after such
recommendation, an appropriate amount will be paid by
CONTRACTOR to OWNER.
OWNER May Correct Dl'futivl' 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 pan-
graph 13.11. or if CONTRACTOR fails to perfonn the Work
in accordance with the Contract Documents, or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER m:lY. after seven cbys' writ-
ten notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under this
parag:ra.ph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action. OWNER
may exclude CONTRACTOR from all or p:lrt of the site, take
possession of all or p:lI't of the Work, and suspend CON-
TRACTOR's services rebted thereto. take possession of
CONTRACTOR's tools, appliances. construction equipment
and machinery at the site and incorporate in the Work all
m:neri:ils and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere,
CONTRACTOR shall allow OWNER, OWNER's represen-
tatives, agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct, indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by 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 decr~e in the
Contr:lct Price, and, if the parties are unable to agree as to
the amount thereof. OWNER may make a claim therefor as
provided in Anicle 11. Such direct. indirect and consequen--
tial costs will include but not be limited to fees and charges
of engineers, architects, attorneys and other professionals,
all court and arbitration costs and all costs of repair and
replacement of work of others destroyed or d:unaged by
correction, removal or replacement of CONTRACTOR's
defectiv~ Work. CONTRACfORshall not be allowed an
extension of the Contract Time because of any delay in per-
fonnance of the Work attributable to the exercise by OWN ER
of OWNER's rights and remedies hereunder.
ARTICLE 14-PA YMENTS TO CONTRACTOR AND
COMPLETION
,Schdule of Values:
14.1. The schedule: of values established as provided in
p:u-a~ph 2.9 will serve as the basis for progress payments
and will be incorporated into a fonn of Application for Pay-
ment acceplable to ENGINEER, Progress payments on
account of U nit Price Work will be based on the number of
units completed.
,I,pplication for Progr~ss 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-
c:ltion for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requc:sted
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 AppliC:ltion for
Payment shall also be accompanied by a bill of sale, invoice
or other documentation warranting that OW1':'ER 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 are covered by
appropriate property insurance a'nd other arrangements to
protect OWNER's interest therein, all of which will be sat-
isfactory to OWNER, The amount of retainage with respeet
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrnnts and guarantees that title
to all Work. m:nerials and equipment covered by any Appli-
cation for P:lyment, whether incorporated in the Project or
not, will pass to OWNER no later than the time of paYfl1ent
free and clear of all Liens,
Review of Applications for Proguss Payment:
14.4. ENGINEER will, within ten days after receipt of
each Applic:llion 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-
omm'end payment. In the latter case. CONTRACTOR may
make the necessary corrections and resubmit the AppliC:l-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation. the amount rec-
ommended will (subject to the provisions of the last sentence
of paragraph 14,7) become due and when due will be paid by
OWNER to CONTRACTOR,
14,5, ENGINEER's recommendation of any p:lyment
requested in an Application for Payment will constitute a
26
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 ENGI-
NEER's knowledge. information and belief. the quality 'of
the Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whok
prior to or upon Substantial Completion., to the results of any
subsequent tests called for in the Contract Documents. to a
final determination of quantities,and classifications for Unit
Price Work under paragraph 9.10, and to any other qualifi,
cations stated in the recommendation): and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However, by recommending any such payment ENGINEER
will not thereby be deemed to have represented that exhaus-
tive 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 CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
14.6, ENGINE~R's recommendation of final' payment
will constitute an addition:\1 representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR's being entitled to final 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 pay-
ment. 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 ENG IN EER's opinion to protect OWN ER from
loss because:
'14.7.1. the Work is de/ectiw1. or completed Work has
been dam:tged requiring correction or replacement.
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order.
14.7.3, OWNER has been required to correct dl!Jl!c-
til'e 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 paragmphs
15.2.1 through 15.:!.9 inclusive.
OWN ER may refuse to make payment of the full amoLlnt
recommended by ENGINEER because cl:1ims 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 thae are other items entitling
OWNER to a set-off ag:linst the amount recommended. but
OWNER must gIve CONTR/\CTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for such
action,
Substantial Cumpletion:
14.3. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substalllially cornplell: (except for items specifically listed by
CONTI~i\CTOR as incomplete I and re4uest that ENGI-
N EER ,ssue a certific:He of Substantial Completion. Within
a reasol;able time thereafter, OWNER. CONTRACTOR and
ENGIN EER shall make an inspection of the Work to deter-
mine tht.: status of compktion. If ENGIN EER docs not con-
sider the Work substantially complete, ENG I~ EER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OW0lER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Compktion, There shall be attached to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENG IN EER as to any provisions of the
certific:lte or attached list. If, after considering such objec-
tions, LNGINEER concludes that the Work is not substan-
tially cllmplete, ENGINEER will within fourteen days after
submis-;ion of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefor. If.
after cunsideration of OWNER's objections, ENGINEER
considl'rs the Work substantially complete. ENGINEER will
within said fourteen days execute and deliver to OWN ER
and CUNTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be com-
pleted ,1r corrected) renecting such changes from the tentative
cenific:\te as ENGINEER believes justified after consider-
ation of any objections from OWN ER. At the time of delivery
oCthe tentative certificate of Substar.tial Completion ENGI-
NEER will dcliverto OyVNERand CONTRACTOR a written
recomll\endation as to division of responsibilities pending
final payment between OWNER and CONTRACTORwith
respect to security. operation, safety, maintenance~',heal.
utilities. insurance and warranties. Unless OWNER;,and
CONTR/\'CrOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the definitive
certific:\te of Substantial Completion. ENGINEER's afore-
said rel:ommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9, OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletioll, but OWNER shall allow CONTRACTOR reasonable
acces~: to complete or correct items on the tentative list.
Partilll Utili:l1tioll:
14, ill, Use by OWNER oran~' tinished part of the Work,
which has specifically been identified in the Contract Docu-
27
. .
mentS, or which OWNER, ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part of the Work that can be used by OWNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work, may be accomplished prior to
Substanti:tl Completion of all I he Work subject to the follow-
ing:
14.10.1. OWNER al any ,time may request CON-
TRr\CTOR 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-
TR.I\CTOR agrees. CO NTRACfO R will certify to OWNER
and ENGINEER that said part of the Work is substanti:tlly
complete :lnd request ENGINEER to issue a certificate of
Substanticl Completion for that part of the Work, CON-
TRACTOR :It any time m:lY notify OWNER :lnd ENGI-
NEER in writing that CONTRACfOR considers any such
part of the Work ready for its intended use and substan-
tially complete :lnd request ENGINEER to issue :l certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable: time after either such request, OWNER,
CONTRACTOR and ENGINEER shcll make an inspec-
tion of that part of the Work to determine its status of
completion. If ENGINEER does not consider that part of
the Work to be substanticlly complete, ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of the
Work to be substanticlly complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of SubsUlnticl 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 wiD be
sent to ENGINEER and within a reasonable time there-
after OWNER, CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare alist of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to b,e completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security, operation, safety, maintenance. utilities. insur-
ance. warr:lnlies and guarantees for that part of the Work
which will become binding upon OWNER and CON-
TRACTOR at the rime when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such part of the
Work, OWNER shall allow CONTR.ACTOR reasonable
access to complete or correct items on said list and to
complete other related Work.
14.10,3. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5,15 in respect of property
msurance.
Final Jnsp~ctjon:
14,11. Upon written notice from CONTRAcrOR that the
entire Work or an agreed portion thereof is complete, ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and wiD notify CONTR.-\CTOR in writing of all
particular,: in which this inspection reveals that the Work is
incomplel~ or dt:ft!crjv~. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
Final A,pp!icurion for Payment:
14.12. :\Iter CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenallce and operating instructions, schedules, guaran-
tees, BOllds, certificates of inspection, marked-up record
document ~ (as provided in paragraph 6.19) and other docu-
ments-ail as required by the Contract Documents, and after
ENGINE ER has indicated that the Work is acceptable (sub-
ject to th.~ provisions of paragraph 14.16). CONTRACTOR
may make :\pplication for final payment following the pro-
cedure for progress payments, The final Application for ?-ay-
ment sh:l'l be accompanied by all documentation called for
in the COJl[rJct Documents, together with complete and legally
effective releases or waivers (satisfactory to OWNER) of all
Liens ari:;ing out of or filed in connection with the Work. In
lieu then'of and as approved by OWNER, CONTRACTOR
may furnish receipts or releases in full: an affidavit of CON-
TRACTOR that the releases and receipts include all labor,
services, material and equipment for which a Lien could be
filed, anti that all payrolls. material and equipment bills. and
other indebtedness connected with the Work for which
OWN El'. or OWNER's property mi!;ht in any way be respon-
sible, h;,ve been paid or otherwise satisfied: and consent of
the sun~~y, if any. to final payment. Ifany Subcontractor or
Supplie!' fails to furnish a release or receipt in full. CON-
TRACTOR m:lY furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien!
Final Paymmt and Acceptance:
14.13, If. on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation-cll as required by the
Contract Documents, ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under tl1e Contract Documents have been fulfilled. ENGI-
NEER will. within ten days after receipt of the final Appli-
cation for Payment, indicate in writing ENGINEER's rec-
ommend:llion of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provis,ions of paragraph 14.16,
28
Otherwise. ENGINEER will return the Application to CON-
TRACTOR, indicating in writing the reasons for refusing to
recommend fin:lI payment, in which case CONTRACTO R
shall make the necessary corrections and resubmit the Appli-
cation. Thirty days after presentation to OWNER of the
Application :lnd accompanying documentation, in appropri,
ate form and substance. and with ENGINEER's rccommen,
dation and notice of acceptability, the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR,
14.14. If. through no f~lUlt of CONTRACTOR, final corn,
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms. OWNER shall, upon receipt of CON-
TR.-\CTOR's final Application for Payment and recommen-
dation of ENG IN EER. am! without terminating the Agree-
ment. make payme:nt of the balance due for that portion of
the: Work fully compkted :lnd acce:pted, If the remaining
balance to be held by OWNER for Work not fully compkted
or corrected is kss than the rew,inage stipulated in the .-\gree-
ment. and if Bonds have been furnished as required in para-
graph 5.1. the written consent of [he surety to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitled by CONTRACTOR
co ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov-
erning Iinal payment. except that it shall not constitute a
waiver of claims.
Contractor's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and com-
plete [he Work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress
or Iinal payment by ENGINEER, nor the issuance of a cer-
tificate of Substantial Completion, nor :wy payment by
OWNER [0 CONTRACTOR und.::r the Contract Documents,
nor any use or occupancy of the Work or any pan thereof by
OWNER, nor any act of accept:lnce by OWNER nor any
,failure to do so. nor any review :lnd approval of a Shop
Drawing or sample submission. nor the issuance of a notice
ofacceptnbility by ENGINEER pursuant to paragraph 14.13,
nor any correction of deJectl\'e Work by OWNER will con-
stitute an acceptn'nce or Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents (except as provided, in paragraph 14.16).
Waiver oJ Claims:
1-1.16, The making and acceptance of final payment will
constitute:
14.16.1, a waiver of all claims by OWNER against
CONTRACTOR, except claims arising rrom unsettled
Liens, from tlefeelit,.. Work appearing after linal inspec-
tion pursuant 10 paragraph 14.11 or from failure to comply
with the Contract Documents or the terms of any special
guarantees specified therein: however. it will not consti-
tute a waiver by OWNER or any rights, in resp-:ct of
CONTRACTOR's continuing obligations under the Con-
tract Documents; and
14,16.2. a waiver of :-III claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing :-Inl! still unsettled.
ARTICLE IS-SUSPENSION OF WORK AND
TERMINATION
OWT/er May Suspend Work:
15.1. OWNER may, :-It any lime :lnd 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 lhe Contract Time. or both,
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles' II
and 12.
Owner IHay TemriT/ate:
15.2. Upon the occurrence of anyone or more of the
following events:
15.2,1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title II, United
Slates Code), as now or hereafter in effect, or if CON-
TRACTOR [:lkes 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 pelltlon is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
',hereafter in effect at the time of filing, or if a petition is
filed seeking any such equivalent or similar relief against
CONTR/\CTOR under any ocher federal or state,law in
effect at the time relating (0 bankruptcy or insolv~ncy:
15.~.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 properlY or for the purpose
of general administration of such property for the benefit
of CONTRACTOR's creditors;
l5.:U. if CONTR,'\CTOR admits in writing an inabil-
ity to pay its debts generally :lS rhey become due:
15.2.6. if CONTRACTOR persistently fails (0 perform
the Work in accordance with the Contract Documents
29
. .
. .
(including, but not limited to. failure to supply sufficient
skilled workers or suitable male rials or equipment or
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time):
15.2.7. if CONTRACTOR disregards Laws or 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 Docu-
ments;
OWNER may, oSter giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all CONTRACTOR's
tools, appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work :111 materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere. and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct. indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers. architects, :lllOr-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance, CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to re:lsonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rights
or remedies under this par:lgraph OWNER shall not be required
to'obmin 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 OWN ER 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' wrinen notice to CONTRAC-
TOR and ENGINEER, OWNER may. without cause and
without prejudice to any other right or remedy. elect to aban-
don the Work and termin:lle the Agreement. In such C:lse,
CONTRACTOR shall be paid for all Work executed and any
expense sust.1ined plus re:lsonable termination expenses, which
will include, but not be limited to. direct. indirect :lnd con-
sequential costs (including, but no'tlimited to. fees and charges
of engineers, architects. attorneys and other professionals
and court :lnd arbitration costs).
Contractor May SlOp Work or Tenninau:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public authority.
or ENGINEER fails to act on any Applic:ltion for Payme'nt
within thirty days oSter it is submitted, or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due, then CONTRACTOR m:lY. upon seven
days' written notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus re:lsonable
termination expenses. In addition and'in lieu of terminating
the Agreement, if ENGINEER has failed to act on an Appli-
cation for Payment or OWNER has failed to make any pay-
ment as aforesaid, CONTRACTOR may upon seven d:lYs'
written notice [0 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,disagreeme'nts with OWNER,
":~'?:~ .
. [The remainder of this page was left blank intentionally,)
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ARTICLE 16--ARBITRATION
16.1 All claims, disputes and other matters in question bet~een
OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu-
ments or the breach thereof shall be decided under G~orgia Law in the
Superior Court of Richmond County, Geo~gia.
(The remainder of this page ~as left blank intentionally.)
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ARTICLE 17 - HISCELLANEOUS:
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 corponition for whom it is intended, or if delivered at or sent by
registered or certified mail, postage prepaid, to the last business address
known to the giver of the notice.
COMPUTATION OF TI}ffi:
17.2.1. When any' period of time is referr~d to in the Contract Documents
by days, it will be computed to exclude the first and include the last day
of such period. If the last day of any such period falls on a Saturday
or Sunday or on ,a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
17.2.2,. A calendar day of twen ty- four hours measured from midnight to
the next midnight shall constitute a day.
GENERAL:
17.3. Should OWNER or CONTRACTOR suffer lnJury or damage to person or
property bec.:luse of any error, ommission 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 observan.ce 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 provi~ions of any applicable statute
of limitations or repose.
17.4. The duties and obligations imposed by these General Conditions and
the rights and remedies available hereunder to the parties hereto, and"
in particular but without limitation, the warranties, guarantees and obliga-
tions imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.12, 13.14, lL~.3
and 15.2 and all of the rights and remedies available to OI-lNER and ENGINEER
thereunder, are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies ~lvailable 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 effective as if repeat~d
specifically in the Contrac t Documents in connec tion with each particti~~r
duty, obligation, right and remedy to which they apply. All representationi~
warranties and guarantees made in the Contract Documents will survive final
payment and termination or completion of the Agreement.
'.
ARTICLE 18 - OSHA SAFETY AND HEALTH STANDARDS:
18.1. Where applicable, construction
with OSHA Safety and Health Standards
1987.
methods and t~'chniques shall comply
(29 eFR 1926/1910) OSHA 2207 Revised
18.2. The ENGINEER shall not be
construction techniques, methods,
that his own construct,ion methods
OSHA Safety and Health Standards (29
responsible or liable for CONTRACTOR's
or progress. CONTRACTOR shall insure
and techniques are in compliance with
CFR 1926/1910) OSHA 2207 Revised 1987.
32
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SUPPLEMENTARY CONDITIONS
1.1 OWNER'S LIABILITY & P.ROPERTY INSURANCE :,
Section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General
Conditions shall be amended as follows:
No additional liability or property insurance will be
purchased by Richmond County for this project.
Current insurance coverages will remain in effect for the life
of this Contract.
1.2 CONTRACTOR'S LIABILITY INSURANCE:
As indicated under Section 5.3 of the General Conditions, the
Contractor's Liability Insurance shall be in an amount not
less than $200,000 for injuries, including accidental death,
to anyone person, and subject to the same limit for each
person, in an amount not less than $500,000 on account of one
accident, and Contractor's Property Damage Insurance in an
amount not less than $100,000 for all property damage
sustained by anyone person in anyone accident; and a limit
of liability of not less than $200,000 for any such damage
sustained by two or more persons in anyone accident.
The Contractor shall either (1) require each of his
subcontractors to procure and to maintain during the life of
his subcontract, Subcontractor's Liability and Property Damage
Insurance of the type and in the same amounts as specified in
the preceding paragraph, or (2) insure the activities of his
subcontractors in his own policy.
1.3 SPECIALTY HAZARDS:
The contractor's and his Subcontractor's Liability and
Property Damage Insurance shall provide adequate protection
against the following special hazards:
(a) Work within the right-of-ways of the Richmond County R6ad
System.
(b) Work within easements granted by property owners in
connection with the construction of the project.
(c) Work in close proximity to existing water lines, power
lines, telephone lines, gas lines, other utilities
and private structures contiguous to the job site.
1.4 TESTING LABORATORY:
All materials testing and laboratory work in connection
therewith shall be paid for by the Contractor and approved by
the Engineer.
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1.5 SURVEYS:
The Contractor will provide surveying for construction stake-
out, horizontal control and vertical control as necessary.
1.6 PROGRESS PAYMENTS:
Section 14.2 of the General Conditions shall be amended as
follows:
The Contractor may submit monthly estimate for work completed
and materials properly stored as approved by the Engineer.
When an estimate includes materials stored, a bill of sale,
in~oice or other documentation warranting that the Owner is
receiving the material free and clear of all liens, charges,
security interest and other encumbrances shall be attached to
the payment request.
This agreement lS intended by the Parties to, and does,
supersede any and all provisions of the Georgia Prompt Act,
O.C.G.A. Section 13-11-1, et seg. In the event any provision
of this Agreement is inconsistent with any provision of the
Prompt Pay Act, the provision of this Agreement shall control.
1.7 ENGINEER:
All references to "Engineer" shall be interpreted to mean the
County's official designee.
1.8 UNDERGROUND UTILITIES: (Reference 4.3, 1-4, 3.2)
The Contractor shall coordinate with all utility companies
through the "one call" method or other appropriate steps to
locate and avoid damage to all utilities that may affect or be
affected by the Contractor's work.
1.9 SAFETY: (Reference 6.20)
The Contractor shall use flagmen, barricades, and signs~s
necessary to notify the public, in particular those persons
driving in the vicinity of the project, of the construction
and its affect on traffic.
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GRASSING (BERMUDA-RYE)
01. SCOPE:
This section covers the furnishing of all labor and materials
and the performance of all work required to assure the
establishment of a dense permanent cover of common Bermuda
grass on all areas off the site disturbed by construction
operations.
02. SEED BED PREPARATION:
Final grades will be established as shown on the plans prior
to any seed bed preparation. Washes, low spots and,hillocks
or windrows will be evened and the bed will be smoothed to
facilitate uniform drainage after establishment of the turf
before tillage is begun. Graded surfaces will be maintained
in a smooth and even condition until the required cover is
established.
After the areas to be seeded have been brought to an even and'
smooth grade, they shall be thoroughly loosened to a depth of
least six (6) inches by plowing, disking, harrowing, or other
approved methods until the tillage is acceptable as suitable
for seeding. During tillage operations I the surface shall be
cleared of all roots, cablel wire, or other waste material
which might hinder final grading, planting, or subsequent
maintenance operations. Any operations of the, Contractor,
shall be smoothed out before seeding operations are begun.
03. FERTILIZATION:
Fertilization shall be distributed uniformly at a rate of
1,500 pounds of commercial 10-10-10 analysis fertilizer per
acre, and shall be incorporated into the soil to a depth of
approximately three (3) inches by disking, harrowing, or by
other approved methods. The incorporation of fertilizer may
be apart of the tillage operation specified above, or a part
of the hydroseeding procedure as qescribed below:
".. .
Immediately following, or simultaneous with, the incorporati6n
of fertilizer, lime shall be distributed at the rate of 2,000
pounds per acre and shall be incorporated into the soil to a
depth of at least three inches by diskingl harrowing~ or other
acceptable methods. The incorporation of lime along with the
fertilizer may form a part of the tillage operation specified
above.
Not less than 30, days after completion of seeding, the
Contractor shall furnish and apply Nitrate of Soda or Ammonium
Sulphate to the planted areas. Nitrate of Soda shall be
commercial productl containing not less than 16 percent
Nitrogen and Ammonium Sulphate not less 20 percent Nitrogen.
The Nitrogen fertilizer shall be uniformly spread and
distributed with approved equipment at the rate that will give
not less than 60 pounds of available Nitrogen per acre. other
commercial types of nitrogenous material may be substituted at
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the option of the Contractor. The time of application shall
be limited to the season of June through August.
04. SEEDING:
Permanent grass cover will consist of Common Bermuda seeded ln
accordance with one of the following methods:
Between the dates of April 15 and September 15, Hulled Common
Bermuda seed and Top Millet seed shall be applied at a rate of
40 pounds of seed per acre.
If seeding is undertaken between September 15 and April 15,
Unhulled Common Bermuda seed shall be applied at a rate of 40
pounds of seed per acre simultaneously with Abruzzi Rye seed
at a rate of 200 pounds per acre.
Seed may be applied by means of a Hydroseeder or other means
approved by the Engineer.
05. COMPACTION:
Immediately after seeding operations have been completed, the
areas shall be compacted by means of a cultipacker, roller
wood float, or other approved equipment sufficiently weighted,
or compacted by h,and methods, to reduce air pockets to a
minimum. The completed planted ilreas shall be left with a
firm, even surface, free from abrupt humps and hollows, and to
the established grade.
06. MULCHING:
All areas planted to permanent grass shall be uniformly
mulched with hay or straw at the rate of 1 1/2 tons per acre,
except where hydroseeding is employed using cellulose mulch
mixed with the seed and fertilizer.
07. '. ACCEPTANCE:
Grassed areas will be accepted when a 95 percent cover 'by
permanent grasses is obtained and weeds are not dominant.
08. APPLICABLE SPECIFICATIONS:
Included by reference in this section are the requirements of
Section 700, Grassing, Standard Specifications for Highway
Construction of the Georgia Department of Transportation,
Edition of 1972.
09. MEASUREMENT - PAYMENT:
Work performed under this section will be paid for at the lump
sum price for Grassing appearing in the Proposal Bid Schedule.
Payment therefor will include full compensation fo~ all
materials, labor and equipment required to establish the
required permanent stand of grass.
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_(,-:.r- ~
SECTION - P
PROPOSAL
Date: 3//~'p?
/
Gentlemen:
In compliance with ybur invitation for bids dated .~~, ,
19 9t., the undersigned hereby proposes to furnish ~-labor,
equipment, and materials, and to perform all work for the
,installation of streets, and appurtenances referred to herein as:
Goshen Industrial
Sanitary Sewer Extension
in strict accordance with the Contract Documents and in
consideration of the amounts shown on the Bid Schedule attached
hereto and totaling:
.--::5eY~/ tv nvr- 7APds/PAII'!J ;Z:;-Ve ~;VO/l~ ..sFI/e'A'~/ ..s,'0<
/ . /
./ '
,4M() ~o - DOLLAAS ($ 77; s-76. ~6 ).
The undersigned hereby agrees that, upon written acceptance of
this bid, he will within 10 days of receipt of such notice execute
a formal contract agreement with the OWNER, and that he will
provide the bond or guarantees required by the Contract Documents.
The undersigned further agrees that, if awarded the contract,
he will commence the work within ~ calendar days after the date
of written notice td proceed, and that he will complete the work
within ~ calendar days after the date of such notice.
The undersigned acknowledges receipt of the following addenda:
-
Respectfully Submitted,
/ttl< 0" ?/V-#cb"~ 6. :H-t!.
(Name of firm)
~?A .J5e/-4r- ~I-",?e .RcY:
(Business Address) .
~"y., g $O?C1'7
(Cit .' State & Zip) .
By:
:......
A
...-'
_.~
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GOSHEN INDUSTRIAL SANITARY SEWER EXTENSION
BID TABULATION
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
Clearing and Grading Lump 1 $ tb. 5t9~ 6l:i $ 6. S-eP c::.?, cP c::> /
/ ,
Soil Erosion and
Sediment Control Lump 1 $ ,{ ~-?/o. O() $ f S-a:? c:D -
Grassing Complete Lump 1 $ ~CJOO.tfX) $ AI CJt::JC/. cP 0 ./
Reproducible /
As-Built Lump 1 $ I, ~V'O."O $ .~'7dd. ()t)
/
.8" PVC Sanitary gCJS~?(/
Sewer (0'-10') LF 493 LF $ /6.Jo $ /'
,
10" PVC Sanitary $ ,ySOO~ .0-0
Sewer (0'-10') LF 2459 LF $ / 70-0 .-
la' DIP sanitary . $<-..560. &D
Sewer (0'-10') LF 20 LF $/800 v
.
standard sanitary
Sewer Manhole with
cast in ring/cover $ .~ ~cJ cJ. chJ
(0'-6') Each 9 $ 'l tJrJ C/. v ()
Manhole Additional &~() $ /1J7"'If.dS~ /
Depth LF 12.33 LF $
.10" connection to i ./
Existing Manhole Each i $ S-OO.dU $ .5'00'~'::>
",
Road Cuts and ./
Repair Each 1 $ t A of), d 1:1 $ f ?o. pc),VQ
TOTAL BID $ ,7?; ,5"' ~. ~f""-
Additional items of construction to be performed by ,the Contractor,
if required, as determined by the Engineer: '
(Please state unit prices)
1. Select Material
$' ~rc:;
Cy
FAILURE TO QUOTE REASONABLE PRICES FOR ADDITIONAL ITEMS MAY CAUSE
, THE BID TO BE REJECTED!
P-2