HomeMy WebLinkAboutBLAIR CONSTRUCTION FAIRINGTON SANITARY SEWER EXT PROJECT 50200
CONFORMED DOCUMENTS
FOR
FAIRINGTON SUBDIVISION
SANITARY SEWER EXTENSION
PROJECT NO.: 50200
AUGUSTA UTILITIES DEPARTMENT
AND
BLAIR CONSTRUCTION, INC.
PREPARED BY:
SOUTHERN PARTNERS, INC.
1233 AUGUSTA WEST PARKWAY
AUGUSTA, GEORGIA 30909
(706) 855-6000
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TABLE OF CONTENTS
FAIRINGTON SUBDIVISION
SANITARY SEWER EXTENSION
PROJECT NO.: 50200
SECTION
PAGES
Instruction to Bidders
ill-I thru ill-3
Special Conditions
SP-l thru SP-6
Agreement
A-I thru A-3
General Conditions
GC-I thru GC-52
Supplementary Conditions
SC-I
Technical Specifications
TS-l thru TS-29
Site Work
Excavation, Filling & Backfilling
Concrete
Sanitary Sewers and Appurtenances
Grassing
Measurement and Payment
TS-I
TS-5
TS-ll
TS-12
TS-28
4 pages
Proposal
P-I thru P-5
Bonds
Performance Bond
Labor and Material Payment Bond
Bid Bond
PB-l thru PB-2
PB-3 thru PB-5
2 pages
Use of Confidential Information
1 page
Addendum # 1
18 pages
Addendum #2
1 page
ill-I
SECTION IB
INSTRUCTION TO BIDDERS
ill-O 1 GENERAL
All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal
must be filed with the OWNER on or before the time stated in the invitation for bids. Mailed
proposals will be treated in every respect as though filed in person and will be subject to the same
requirements.
Proposals received subsequent to the time stated will be returned unopened. Prior to the time
stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be
withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of
contract with the successful bidder.
ill-02 EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy himself as to the nature and location of the
work; the conformation of the ground; the character, quality and quantity of the facilities needed
preliminary to and during the prosecution of the work; the general and local conditions; and all
other matters which can in any way affect the work or the cost thereof under the contract. No
oral agreement or conversation with any officer, agent, or employee of the OWNER, either before
or after the execution of the contract, shall affect or modify any of the terms or obligations
therein.
ill-03 ADDENDA AND INTERPRETATION
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 Geri A. Sams, Director
of Purchasing; Purchasing Department; Room 605; 530 Greene Street; Augusta, GA 30911, and
to be given consideration must be received at least ten 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 facsimile or U.S. Mail to all
prospective bidders (at the respective addresses furnished for such purposes), not later than five
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.
ill-04 PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made on bid forms should be initialed by the person
signing the bid.
ill-I
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 "no bid" where appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed
if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be
submitted as such, and shall not reveal the total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all OWNERS. Bids of
corporations will be signed by an officer ofthe firm and his signature attested by the secretary
thereof who will affix the corporate seal to the proposal.
NOTE:
A 10% Bid Bond is required in all cases.
ill-OS BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended, which will include and cover
the furnishing of all material and the performance of all labor requisite or proper, and completing
of all the work called for under the accompanying contract, and in the manner set forth and
described in the specifications.
Where estimated quantities are included in certain items of the proposal, they are for the purpose
of comparing bids. While they are believed to be close approximations, they are not guaranteed.
It is the responsibility of the CONTRACTOR to check all items of construction. In case of error
in extension of prices in a proposal, unit bid prices shall govern.
ill-06 BIDDER'S QUALIFICATIONS
No proposal will be received from any bidder unless he can present satisfactory evidence that he is
skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet
all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed
in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT,
giving reliable information as to working capital available, plant equipment, and his experience
and general qualifications. The OWNER may make such investigations as are deemed necessary
to determine the ability of the bidder to perform the work and the bidder shall furnish to him all
such additional information and data for this purpose as may be requested. The OWNER reserves
the right to reject any bid if the evidence submitted by the bidder or investi-gation of him fails to
satisfy the OWNER that such bidder is properly qualified to carry out the obligations of the
contract and to complete the work contemplated therein. Part of the evidence required above
shall consist of a list of the names and addresses of not less than five (5) firms or corporations for
which the bidder has done similar work.
ill-2
IB-07 PERFORMANCE BOND
At the time of entering into the contract, the CONTRACTOR shall give bond to the OWNER for
the use of the OWNER and all persons doing work or furnishing skill, tools, machinery or
materials under or for the purpose of such contract, conditional for the payment as they become
due, of all just claims for such work, tools, machinery, skill and terms, for saving the OWNER
harmless from all cost and charges that may accrue on account of the doing ofthe work specified,
and for compliance with the laws pertaining thereto. Said bond shall be for the amount ofthe
contract satisfactory to the OWNER and authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated
copy of the power of attorney.
IB-08 REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as soon as practicable,
provided satisfactory bids are received. The right is reserved, however to waive any informalities
in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if
such action is deemed to be inthe best interest ofthe Owner.
IB-09 PROGRAM MANAGER
CH2M HILL is the Program Manager for the project described herein; address is 360 Bay Street,
Suite 100, Augusta, Georgia 30901.
ill-l0 MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County Commission to increase the involvement of
qualified minority and economically disadvantaged businesses in the contracted work of County
Government.
In an effort to support this intention, this project is offered to all qualified firms. The bids will be
evaluated based on qualifications, price and construction time. With all other items being
considered equal, the contract, if awarded, will be awarded to a minority and economically
disadvantaged firm or a firm that has included such firms as subCONTRACTORs on this project.
The bidders shall include with their bid a statement of qualification for themselves and/or any
qualified subCONTRACTORs explaining why they should be considered a minority or
economically disadvantaged firm. If the firm does not fall into this category, no information is
necessary.
IB-3
SPECIAL CONDITIONS
1. SCOPE:
This project covers the installation of various sizes sanitary sewer lines and appurtenances in and
around Fairington Subdivision 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.
2. 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 Augusta Utilities 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.
3. DETAILS:
Standard drawings of Georgia Department of Transportation will be used for all detail work
unless otherwise specified.
4. RIGHT OF WAY:
The contractor shall not perform any work outside the limits of the right of way except where
specific 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.
5. DESIGN AL TERNA TIONS:
The County 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
County's authorized representative.
6. DRIVEWAYS:
All driveways shall be repaired in kind. For asphalt driveways, the contractor shall resurface the
driveway from the edge of pavement to the end of the asphalt or the right of way line whichever is
shorter.
SP-l
7. PIPE:
The installation of the pipe shall include all excavation, materials, placement, fittings, connections,
backfill, testing and acceptance. Corrosion control for the pipe shall be included in the unit price.
Connection to the existing lines shall be completed with minimum interruption in service. The
contractor shall coordinate all service interruptions with the owner 48 hours in advance of the
interruption.
8. 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 award of the bid.
9. ROAD CUTS:
All work in roadways is intended to be by open cut. The Contractor shall comply with all
conditions of the utility encroachment permit from the Augusta-Richmond County Department of
Public Works. The permit is to be obtained before beginning construction.
10. EXCESS MATERIAL:
All excess material not suitable or used for backfill is to be disposed of as directed by the
Engineer. No excess material shall be placed within ISO' of a drainage crossing without specific
authorization, in writing.
11. FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this project are to be
returned to the pre-existing shape and slope and then finished and dressed. No separate pay will
be made for grassing, fertilizing and mulching of disturbed areas.
12. 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.
13. TRENCHING:
This project calls for installation of pipe by the open-cut or trenching method parallel to the flow
of traffic. 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. The Contractor is held fully responsible for the safe prosecution of the work at all
times.
SP-2
14. LUMP SUM CONSTRUCTION:
Lump sum construction includes, but is not limited to, removal and replacement of mail boxes,
fences, walls, driveways, trees and shrubbery, as well as traffic control and project coordination
with all agencies and individuals.
15. OPERATION AND STORAGE AREAS:
The location of all operations of the Contractor (including storage of materials) shall be
approved by the OWNER.
16. 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.
17. CONTRACT DOCUMENTS AND DRAWINGS:
Drawings: The Engineer will furnish to the Contractor, free of charge, 6 copies of the drawings
and specifications for the execution of the work. Location of all features of the work included in
the contract are indicated on the contract drawings. The drawings listed on the cover sheet
comprise the plans for this contract.
18: CONTRACTOR'S FIELD OFFICE:
The Contractor shall maintain a field office on the site of the work which contains a telephone, the
contract documents, and the contractor's records. In addition, another office shall be
equipped with a telephone, file cabinets for project records, a table for reference of construction
plans, storage space for project Plans and specifications and other furnishings as required for the
exclusive use of the Owner's project representative who will be assigned to this project.
19. TEMPORARY SANITARY FACILITIES:
Upon commencing work, the Contractor shall provide temporary screened and shielded sanitary
privies in a manner meeting the approval of the Engineer. Facilities shall be maintained in a
sanitary condition by the Contractor and in compliance with the requirements of authorities
having jurisdiction. All temporary facilities shall be removed by the Contractor and the area
returned to its original condition prior to acceptance ofthe completed project.
20. EXISTING STRUCTURES AND UTILITIES:
It is mandatory that the Contractor locate all previously placed underground installations and
construction prior to his engaging in any work in areas where such improvements may exist. The
Contract drawings indicate general locations of such existing improvements solely for the purpose
of initial and general representation thereof. The Owner and Engineer have not verified locations
of these improvements as a basis for locations displayed on the drawings. All utilities and
SP-3
improvements must the located and flagged by the Contractor prior to commencing work. Flags
must be maintained and based upon actual field determinations. The Owner's project inspector
must be notified before any work begins in vicinity of existing underground improvements.
The Contractor shall be held responsible for any damage and for maintenance and protection
of existing construction and utilities. All damaged construction, utilities or improvements shall be
restored to the original or better condition in which they were discovered.
Should a conflict arise as a result of an underground utility not shown on the plans, the Contractor
shall notify the Augusta Utilities Project Inspector prior to installing the new pipe.
21. TRAFFIC SAFETY:
The Contractor will be held responsible for any damages caused by negligence on his part, or by
the improper placing of or failure to display danger signs and road lanterns; all traffic lanes will be
kept open and clear at all times and no excavated material or equipment will be placed on
pavement during construction.
The Contractor shall provide all temporary traffic control devices needed to safely direct traffic
through the construction area. The Contractor shall ensure that all flagmen used to direct and
control traffic are certified in accordance with state standards. 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. The contractor shall maintain access for all property owners and emergency
vehicles to all properties at all times. The contractor is also responsible for providing emergency
access when the normal course of construction would otherwise prevent it.
The Contractor shall so conduct his operations that there will be a minimum of interference with
or interruption oftraffic upon and along the highway. This applies to the initial installation and the
continuing maintenance 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.
22. UTILITIES:
The Contractor shall provide for temporary utilities for construction operations. Potable water is
available from hydrants. The Contractor shall make provisions for telephone service with the
phone company. Electric power for construction operations shall be provided by the Contractor
by arrangement with the appropriate power company. The Contractor shall make suitable
arrangements to provide fuel for temporary heating and/or other construction operations as
necessary.
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
SP-4
and underground telephone cables that either are obstructions to the prosecution of the work and
need to be moved out ofthe way or, if not, must be properly protected during construction. No
separate payment will be made for this work.
23. ESTIMATE OF QUANTITIES:
Estimated quantities of work to be done and materials to be furnished under this Contract if
shown in any of the documents including the BID, are given only to indicate approximately the
scope of the Contract; variation of the quantities reasonably necessary to complete the work
contemplated by this Contract shall, in no way, invalidate this Contract, nor shall any such
variation give cause for claims or liability for damages.
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.
24. SURVEYS:
The Contractor shall make his own surveys and establish his own working lines and grades from
the basic reference lines established by the Engineer. The Contractor shall maintain a benchmark
on site. At each structure, a physical check of installed inverts and/or floor elevations shall be
made and the elevations recorded and furnished to the Engineer.
25. DIMENSIONS:
Dimensions shown in figures or which can be determined by computation from other figures
shown, shall take precedence over dimensions scaled from the drawings. When the work of the
Contractor is affected by finished dimensions, these shall be determined by the Contractor at the
site and he shall assume the responsibility therefor.
26. EROSION AND SEDIMENT CONTROL:
The Contractor will be required to schedule his work and perform operations in such a manner
that siltation and bank erosion will be minimized during all phases of construction. Any areas
disturbed during the course of construction shall be restored to a condition equal or better than
the original condition. Grassing of disturbed areas shall be the minimum acceptable restoration.
Silt control devices such as straw bale fences and/or silt fence weight filter fabric shall be installed
to limit migration of silt to the water courses. Erosion Control devices such as mats, grass,
mulch, and crushed stone shall be installed to protect adjoining areas from soil contamination.
Compliance with the guidelines of the Manual for Erosion and Sedimentation Control in Georgia,
pursuant to the Erosion and Sedimentation Act ofl975, shall apply as though fully set forth
therein.
Permanent erosion control measures for this site include moderate slopes, pavement, and
permanent grassing. The Contractor shall strive to expedite completion of the permanent
measures and shall keep the temporary measures in place until a satisfactory grass cover IS
SP-5
established. Sediment and erosion control materials shall be as specified in Section TI, Site
work and Section T8, Grassing.
27. SAFETY AND HEALTH REGULATIONS:
The Contractor shall comply with the Department of Labor Safety and Health Regulations for
construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and
under Sec. 107 ofthe Contract Work Hours and Safety standards Act (PLSI-54).
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.
28. SUB-SURFACE INVESTIGATION:
A soils investigation is not available for this project.
29. SUBSTITUTIONS:
Notwithstanding any provision of the general conditions, there shall be no substitution of
materials that are not determined to be equivalent to those indicated or required in the contract
documents without an amendment to the contract.
SP-6
AGREEMENT
THIS AGREEMENT, made on the 11 day of ~ ,2006 by and between
AUGUSTA, GEORGIA, BY AND THROUGH THE GUSTA-RICHMOND COUNTY
COMMISSION, party of the first part, hereinafter called the OWNER, and BLAIR
CONSTRUCTION, INC., party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter
named, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all of the materials and all of the equipment and
labor necessary, and to perform all ofthe work shown on the plans and described in the
specifications for the project entitled:
FAIRINGTON SUBDMSION - SANITARY SEWER EXTENSION
PROJECT #: 50200
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 to be performed under this Contract shall be commenced within 10 calendar
days after the date of written notice by the owner or the Contractor to proceed. All work shall be
completed within 365 calendar days with all such extensions of time as are provided for in the
General Conditions.
It is hereby understood and mutually agreed, by and between the Contractor and the
Owner, that the date of beginning, rate of progress and the time for completion of the work to be
done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said
work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will
ensure full completion thereof within the time specified. It is expressly understood and agreed by
and between the Contractor and the Owner, that the time for completion of the work described
herein is a reasonable time for completion of the same, taking into consideration the average
climatic range and construction conditions prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE
THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does hereby
agree, as a part of the consideration the awarding of this contract, to pay the Owner the sum of
One Thousand and no/lOO's ($1,000.00) Dollars, not as a penalty, but 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
A-I
The said amount is fixed and agreed upon by and between the Contractor and the Owner
because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages
the owner would, in such event, sustain, and said amounts shall be retained from time to time by
the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract
and the specifications wherein a definite portion and certain length of time is fixed for the
additional time is allowed for the completion of any work, the new time limit fixed by extension
shall be the essence of this contract.
ARTICLE III - PAYMENT
(A) The Contract Sum
The Owner shall pay to the contractor for the performance of the Contract the amount as
stated in the Proposal and Schedule ofItems. No variations shall be made in the amount except
as set forth in the specifications attached hereto.
(B) Progress Payment
On no later than the fifth day of every month, the Contractor shall submit to the Owner's
Engineer an estimate covering the percentage of the total amount of the Contract which has been
completed from the start of the job up to and including the last working day of the preceding
month, together with such supporting evidence as may be required by the Owner and/or the
Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth
in the Bid Schedule.
On the vendor run following approval of the invoice for payment, the Owner shall after
deducting previous payments made, pay to the Contractor 90%. of the amount of the estimate on
units accepted in place. The 10% retained percentage may be held by the owner until the final
completion and acceptance of all work under the Contract.
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(A) Upon receipt of written notice that the work is ready for final inspection acceptance, the
Engineer shall within 10 days made such inspection, and when he finds the work acceptable under
the Contract and the Contract fully performed, he will promptly issue a final certificate, over his
own signature, stating that the work required by this Contract has been completed and is accepted
by him under the terms and conditions thereof, and the entire balance found to be due the
Contractor, including the retained 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 ofliens of evidence of payment of all such
disputed amounts when adjudicated in cases where such payment has not already been guaranteed
by surety bond.
A-2
(C) The making and acceptance of the final payment shall constitute a waiver of all claims by
the Owner, other than those arising from unsettled liens, from faulty work appearing within 12
months after final payment, from requirements of the specifications, or from manufacturer's
guarantees. It shall also constitute a waiver of all claims by the Contractor except those
previously made and still unsettled.
(D) If after the work has been substantially completed, full completion thereof is materially
delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon
certification of the Engineer, and without terminating the Contract, make payment of the balance
due for that portion of the work fully completed and accepted.
Each payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first mentioned
above.
AUGUS~AtfEORGIA
(SEAL) By: CJ!... c.:.fJ '
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CONTRACTOR: '73/-,:,.. C4s-1r~~-h~n ::;z:::;?~.
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Address:
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A-3
P.evision Date
Auguat 2001
GENERAL CONDITIONS
ARTICLE I--DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the
meanings indicated, which are applicable to both the singular and plural thereof:
Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duty issued by
OWNER to prospective Bidders prior to the time of opening of Bids.
Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed;
other Contract Documents are attached to the Agreement and made a part thereof as provided therein.
Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in
requesting progress or final payments and which is to include such supporting documentation as is required by
the Contract Documents.
Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work
to be performed.
Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR
and its Surety in accordance with the Contract Documents. .
Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and
OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or
the Contract Time, issued on or after the Effective Date of the Agreement.
Contract Documents-The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's
Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the
Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the
Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically
identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after
execution of Contract together with all amendments, modifications and supplements issued pursuant to
paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement.
Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in
the Agreement (subject to the provisions ofpara9raph 1.1.9.1 in the case of Unit Price Work).
Contract Time-The number of days (computed as provided in paragraph 17.2.1) or the date stated in the
Agreement for the completion of the Work.
CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement.
COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the
Augusta-Richmond County Commission, and it~ auth<;>rized designees, agents, or employees.
Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a
legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther King
Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and
Christmas Day.
GC-1
Page 1 of 52
Revision Date
August 2001
Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or
deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to
PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10).
Drawings-The drawings which show the character and scope of the Work to be performed and which have
been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents.
Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no
such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia.
Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which
does not involve a change in the Contract Price or the Contract Time.
General Requirements-Sections of Division I of the Specifications.
Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders.
Notice of Award- The written notice by OWNER to the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fixing
the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform
CONTRACTOR'S obligations under the Contract Documents.
OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission.
Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a related
purpose) before reaching Substantial Completion for all the Work.
PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to
perform the design and/or resident engineer services for the Work.
PROGRAM MANAGER - The professional firm or individual designated as the representative or the OWNER
who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is
part of an OWNER designated program.
Project-The total construction of which the Work to be provided under the Contract Documents may be the
whole, or a part, as indicated elsewhere in the Contract Documents.
Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be
constructed in whole or in part under this Contract.
Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his
successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having in
charge the work embraced in this Contract.
Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM MANAGER
who is assigned to the site or any part thereof.
GC-2
Page 2 of 52
Revision Date
AUgus t 2001
Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared
by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and
submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work.
Specifications-Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work and certain
administrative details applicable thereto.
Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other
SUBCONTRACTOR for the performance of a part of the Work at the site.
Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion
of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial Completion, it is
sufficiently complete, in accordance with the Contract Documents, $0 that the Work (or specified part) can be
used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due
in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as
applied to any Work refer to Substantial Completion thereof.
Supplementary Conditions-The part of the Contract Documents which amends or supplements these General
Conditions.
SuppHer-A manufacturer, fabricator, supplier, distributor, materialman or vendor.
Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasement containing such facilities which have been installed
underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, sewage and drainage removal, traffic or other
control systems, or water.
Unit Price Work-Work to be paid for on the basis of unit prices.
Work-The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as
required by the Contract Documents.
Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or
revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be
performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change
Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that
the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time
as provided in Article 10.
Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical
rather than strictly Work-related aspects of the Contract Documents.
GC-3
Page 3 of 52
Revision Date
AUgu:!l't 2001
ARTICLE 2-PRELlMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these
Contract Documents.
Copies of Documents:
2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1)
complete set ofthe Contract Documents for execution of the work. Additional sets of the project manual and
drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY
upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges
for printing and reproduction.
Commencement of Contract Time, Notice to Proceed:
2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed
may be given at any time after the Effective Date of the Contract.
Starting the Project:
2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shalt
be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR
prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall be
liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if
CONTRACTOR knew or reasonably should have known thereof.
2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the
General Requirements), CONTRACTOR shall submit to PROFESSIONAL and OWNER for review:
2.6.1. an estimated progress schedule indicating the starting and completion dates of the various
stages of the Work:
2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and
2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of
items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to
serve as the basis for progress payments during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at
the time of submission.
GC-4
Page 4 of 52
Revi!lion Date
August 2001
2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to
each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each
insurance policy (and other evidence of insurance which OWNER may reasonably request) which
CONTRACTOR is required to purchase and maintain in accordance with Article 5.
Pre-construction Conference:
2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER,
PROFESSIONAL and others as appropriate will be held to establish a working understanding among the parties
as to the Work and to discuss the schedules referred to in 2.6 as well as procedures for handling Shop
Drawings and other submittals, processing applications for payment and maintaining required records.
Finalizing Schedules:
2.9. At least ten days before submission of the first Application for Payment, a conference attended by
CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the
schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10)
calendar days to make corrections and adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to
OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to
OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any
specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL
responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve
CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and
Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing
and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL
as to form and substance.
CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for
maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as
compared to scheduled progress on work. Schedule updates shall accompany each pay request.
GC-5
Page 5 of 52
Revision Date
August 2Q01
ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if
called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia.
3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipmentthat
may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being
required to produce the intended result will be supplied whether or not specifically called for. When words or
phrases which have a well-known technical or construction industry or trade meaning are used to describe
Work, materials or equipment, such words shall be interpreted in accordance with that meaning.
3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the
Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between
the prOVisions of the Contract Documents and the provisions of any such standard, specification, manual, code
or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the
provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an
interpretation ofthe provisions of the Contract Documents would result in violation of such Law or Regulation).
Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided in
paragraph 9.4.
3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or
association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or
by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at
the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as maybe
otherwise specifically stated in the Contract Documents.
3.5. If, during the performance ofthe Work, CONTRACTOR discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any provision of any such
Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or
code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to
PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a
written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to
OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract
Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof.
Amending and Supplementing Contract Documents:
3.6. The Contract Documents may be amended to provide for additions, deletions and revisions inthe
Work or to modify the terms and conditions thereof in one or more of the following ways:
3.6.1. a formal Written Amendment,
3.6.2. a Change Order (pursuant to paragraph 10.3), or
GC-6
Page 6 of 52
Revision Date
August 2001
3.6.3. a Work Change Directive (pursuant to paragraph 10.4).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change
Order or a Written Amendment.
3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized in one or more of the following ways:
3.7.1. a Field Order (pursuant to paragraph 9.5).
3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and
6.26), or
3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4).
Reuse of documents:
3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing any ofthe Work under a direct or indirect contract with OWNER shall have or acquire
any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall
not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the
Project or any other project without written consent of OWNER and PROFESSIONAL and specific written
verification or adaptation by PROFESSIONAL.
GC-7
Page 7 of 52
Revision Date
August 2001.
ARTICLE 4-AVAILABILlTY OF LANDS, "HYSICAL
CONDITIONS; REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is
to be performed, rights-of-way and easements for access thereto, and such other lands which are designated
for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and expenses will be
borne by OWNER. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or
extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's
furnishing these lands, rights-of-way or easements, the CONTRACTOR. may make a claim therefor as provided
in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto that may be
required for temporary construction facilities or storage of materials and equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification
of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been
utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been
utilized in preparing the Contract Documents.
4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such
reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such
reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER,
PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but
not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be
employed by CONTRACTOR and safety precautions and programs incident thereto, or
4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any
such data, interpretations, opinions or information.
4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents
or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to
exist and generally recognized as inherent in construction activities of the character provided for in the Contract
Documents, then CONTRACTOR shall give OWNER notice thereof promptly before conditions are disturbed
and in no event later than 48 hours after first observance of the conditions.
4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, ifthey differ
materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of
any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable adjustment in the
Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine thatthe conditions at
the Site are not materially different from those indicated in the Contract Documents or are not materially
different from those ordinarily found and that no change in the terms of the Contract is justified, the
GC-8
Page 8 of 52
Revision Date
August 2001
PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be performed
after direction is provided by the PROFESSIONAL.
Physical Conditions-Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with
respectto existing Underground Facilities at or contiguous to the site is based on information and data furnished
to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless it is
otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of
any such information or data; and
4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall
have full responsibility for reviewing and checking all such information and data for locating all Underground
Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of
such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph
6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as
having been included in the Contract Price.
4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not
reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof
and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22,
identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to
OWNER and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine
the extent to which the Contract Documents should be modified to reflect and document the consequences of
the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to
the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the
existence of any Underground Facility that was not shown or indicated in the Contract Documents and which
CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as
to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
Reference Points:
4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in
PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established reference points and shall make no changes or
relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL
whenever any reference point is lost or destroyed or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such reference
points by professionally qualified personnel.
GC-9
Page 9 of 52
Revi3ion Date
Augus t 2001.
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials broughtto the site by CONTRACTOR, Subcontractor,
Suppliers or anyone else for whom CONTRACTOR is responsible.
4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition
and in any area affected thereby (except in an emergency as required by 6.22), and Oi) notify OWNER and
PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with
PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous
condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection
with such hazardous condition or in any such affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such condition
and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special
conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to
entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of
such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be resumed,
either party may make a claim therefor as provided in Articles 11 and 12.
4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such Work
based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then CONTRACTOR may order such portion ofthe Work that is in connection with such hazardous
conditions or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree
as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a
result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles
11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces or others
in accordance with Article 7.
4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum,
Hazardous Waste oroRadioactive Material uncovered or revealed at the site.
GC-10
Page 10 of 52
Revision Date
August 2001
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal
to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations
under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when
final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by
such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds, and as Acceptable Reinsuring Companiesl' as published in Circular 570 (amended)
by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be
accompanied by a certified copy of the authority to act.
Licensed Sureties and Insurers; Certificates of Insurance
5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by
CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in
the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds
signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance
companies shall also meet such additional requirements and qualifications as may be provided in the
Supplementary Conditions.
5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in
5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of
insurance (and other evidence of insurance requested by OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain in accordance with 5.3.
5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases
to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another
Bond and Surety, both of which must be acceptable to OWNER.
CONTRACTOR's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other
insurance as is appropriate for the Work being performed and furnished and as will provide protection from
claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of
the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed
or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any ofthem
to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar
employee benefit acts;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of
CONTRACTOR's employees;
GC-11
Page 11 of 52
Revi~ion Date
August 2001
5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other
than CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any
person as a result of an offense directly or indirectly related to the employment of such person by
CONTRACTOR, or (b) by any other person for any other reason;
5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting therefrom;
5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or
death of any person or for damage to property; and
5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising
out of the OWNERSHIP, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less
than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law,
whichever is greater. The comprehensive general liability insurance shall include completed operations
insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or
other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be
canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to
OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in
effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such
completed operations insurance for at least two years after final payment and furnish OWNER with evidence of
continuation of such insurance at final payment and one year thereafter.
Contractual Liability Insurance:
5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual
liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33.
OWNER's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance,
and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will
protect OWNER against claims which may arise from operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and
maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such
deductible amounts as may be provided in the Supplementary Conditions or required by Laws and
Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors,
PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall
be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage
GC-12
Page 12 of 52
Revision Date
August Z001
and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious
mischief, collapse and water damage, and such other perils as may be provided in the Supplementary
Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or
incurred in the repair or replacement of any insured property (including but not limited to fees and charges of
PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk"
insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and
maintain similar property insurance on portions of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for Payment.
5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property
insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the
interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's consultants
in the Work, all of whom shall be listed as insured or additional insured parties.
5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased
and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement
that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty
days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in .
accordance with paragraph of 5.11.2.
5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect
the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts
that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will be borne
by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes property
insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's
own expense.
5.10. If CONTRACTOR requests in writing that other special insurance be included in the property
insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to
CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been
procured by OWNER.
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages
caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7
and other property insurance applicable to the Work, and also waive all such rights againstthe Subcontractors,
PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in such policies for
losses and damages so caused. As required by paragraph 6.11, each subcontract between CONTRACTOR
and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER,
CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds.
None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of
insurance held by OWNER as trustee or otherwise payable under any policy so issued.
5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and
5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by
the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of
payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as
insureds or additional insureds, and if the insurers require separate waiver forms to be signed by
GC-13
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Augu::st 2001.
PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same, and if such waiver forms are
required of any Subcontractor, CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be
adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear,
subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in
a separate account any money so received and shall distribute it in accordance with such agreement as the
parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or
replaced, the moneys so received applied on account thereof, and the Work and the costthereof covered by an
appropriate Change Order or Written Amendment.
Receipt and Application of Insurance Proceeds
5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one
of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's
exercise ofthis power. If such objection be made, OWNER, as trustee, shall make settlement with the insurers
in accordance with such agreement as the parties in interest may reach. If required in writing by any party in
interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper
performance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance
required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the
basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof
within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If
CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance
required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis
of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof
within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with paragraph 2.7.
OWNER and CONTRACTOR shall each provide to the other such additional information in respect of
insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to
give any such notice Of objection within the time provided shall constitute acceptance of such insurance
purchased by the other as complying with the Contract Documents.
Partial Utilization-Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with
paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or
policies, but the property insurance shall not be canceled or lapse on account of any such partial use or
occupancy.
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Indemnification
5.16.1. CONTRACTOR shall indemnify and hold harmless OWNER, PROGRAM MANAGER, and its
employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such
liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or
death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is
caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is
caused in whole or in part by the negligence or other fault of a party indemnified hereunder.
5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of
CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any ofthem, or anyone for
whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be
limited in any way as to the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or
other employee benefit acts.
5.16.3. CONTRACTOR shall indemnify and hold harmless OWNER and anyone directly or indirectly
employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys'
fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in
connection with any alleged infringement of such rights.
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August 2001
ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods,
techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the
negligence of others in the design or specification of a specific means, method, technique, sequence or
procedure of construction which is shown or indicated in and expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident
superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except under
extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall
have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding
as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the
Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times
maintain good discipline and order at the site. Except in connection with the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not
permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's
written consent given after prior written notice to PROFESSIONAL.
6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and
assume full responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances,fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities
and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing,
initial operation, and completion of the Work as required by the Contract Documents.
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the
Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with
the instructions ofthe applicable Supplier except as otherwise provided in the Contract Documents; but no pro-
vision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's
consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of
the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or
9.15.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in
paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments; these
will conform generally to the progress schedule then in effect and additionally will comply with any provisions
of the General Requirements applicable thereto.
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Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to
establish the type, function and quality required. Unless the name is followed by words indicating that no
substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if
sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material
or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL will
include the following as supplemented in the General Requirements. Requests for review of substitute items of
material and equipment will not be accepted by PROFESSIONAL from anyone other than CONTRACTOR. If
CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make
written application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will
perform adequately the functions and achieve the results called for by the general design, be similar and of
equal substance to that specified and be suited to the same use as that specified. The application will state that
the evaluation and acceptance ofthe proposed substitute will not prejudice CONTRACTOR's achievement of
Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a
change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for
work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of
the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available maintenance, repair and
replacement service will be indicated. The application will also contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other
contractors affected by the resulting change, all of which shall be considered by PROFESSIONAL. In
evaluating the proposed substitute, PROFESSIONAL may require CONTRACTOR. to furnish, at
CONTRACTOR's expense, additional data about the proposed substitute.
6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or
required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits
sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar
to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the General
Requirements.
6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed
substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed or
utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change Order or
an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense, a
special performance guarantee or other surety with respect to any substitute. PROFESSIONAL will record time
required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions proposed by
CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not
PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of
PROFESSIONAL and PROFESSIONAL's consultants for evaluating each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2) whether initially
or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection.
CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to
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furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other
persons or organizations including those who are to furnish the principal items of materials and equipmentto be
submitted to OWNER prior to the Effective Date of the Agreement for acceptance by OWNER and
PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary
Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to make written objection
thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents)
of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis
of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable
substitute, the Contract Price will be increased by the difference, and the cost occasioned by such substitution
and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or
PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute a waiver
of any right of OWNER or PROFESSIONAL to reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and
omissions ofthe Subcontractors, Suppliers and other persons and organizations performing or furnishing any of
the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual
relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to payorto see to the
payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may
otherwise be required by Laws and Regulations.
6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not
control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL
and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a
just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued
pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use
in the performance of the Work or the incorporation in the Work of any invention, design, process, product or
device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and
hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either ofthem from
and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs
arising out of any infringement on patent rights or copyrights incident to the use in the performance of the Work
or resulting from the incorporation in the Work of any invention, design, process, product or device not specified
in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of
such rights.
Permits:
6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges
and inspection fees, and all public utility charges which are applicable and necessary for the execution of the
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Augu::lt 2001.
Work. All permit costs shall be included in the base bid. Permits, if any, that are provided and paid for by
OWNER are listed in the Supplementary Conditions. Any delays associated with the permitting process will be
considered for time extensions only and no damages or additional compensation for delay will be allowed.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance ofthe Work. Except where otherwise expressly required by applicable Laws and
Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such laws,
rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then
be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or should
have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to the
Project Manager, it shall bear all related costs.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in
accordance with the Laws and Regulations of the place of the Project which are applicable during the
performance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by the Contract
Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and
easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is
solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any
such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting
from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any
such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptlyattemptto
settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR
shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and
against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONALs,
architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or
consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the
extent based on a claim arising out of CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris or contaminants resulting from the Work. At the
completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about
the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials,
and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original
condition all property not designated for alteration by the Contract Documents.
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August 2001
6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to
stresses or pressures that will endanger them.
Record Documents:
6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents
and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all
changes made during the construction process. These shall be available to PROFESSIONAL and the Project
Manager and shall be submitted with the Application for Final Payment.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss for stored
equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored
equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury or loss to:
6.20.1. all employees on the Work and other persons and organizations who may be affected thereby;
6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or
off the site; and
6.20.3. other property atthe site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement
in the course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for
the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent
property and of Underground Facilities and utility OWNERs when prosecution ofthe Work may affectthem, and
shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage,
injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or
in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly
employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be
liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or
Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by either of
them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole
or in part, to the fault or negligence of CONTRACTOR). 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
PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in accordance, with paragraph 14.13
that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).
6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the
prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise
designated in writing by CONTRACTOR to the Project Manager.
Emergencies:
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6.22. In emergencies affecting the safety or protection of persons or the Work or property atthe site or
adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or
OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give
PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a
change in the Contract Documents is required because of the action taken in response to an emergency, a
Work Change Directive or Change Order be issued to document the consequences of the changes or
variations.
6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to any
person on the Site, whether or not such person was engaged in the construction ofthe Project, and shall file a
written report on such person(s) and any other event resulting in property damage of any amount within five (5)
days of the occurrence.
6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because
of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to
document the consequences of such action.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit to
PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and
samples required by the Contract Documents. All submittals and samples shall have been checked by and
stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data shown
on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other
information necessary to enable PROFESSIONAL to review the submittal as required. At the time of each
submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or sample
may have from the requirements of the Contract Documents.
6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and
approval shall be only for conformance with the design concept of the Project and compliance with the
information given in the Contract Documents. The approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by
PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's
stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and
OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction criteria,
materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or
coordinated with the requirements of the Work and the Contract Documents.
6.24.1. No Work requiring a submittal or sample submission shall commence until the submission has
been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be
kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER. Any
delays associated with the submittal process will be considered for time extensions only, and no damages or
additional compensation for delay will be allowed.
6.24.2. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined
and verified all quantities, dimensions, specified performance criteria, installation requirements, materials,
catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or
sample with other Shop Drawings and samples and with the requirements of the Work and the Contract
Documents.
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6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written
notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to
PROFESSIONAL for review and approval of each such variation.
6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and
samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of
the Project and for compliance with the information given in the Contract Documents and shall not extend to
means, methods, techniques, sequences or procedures of construction (except where a specific means,
method, technique, sequence or procedure of construction is indicated in or required by the Contract
Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item
as such will not indicate approval of the assembly in which the item functions.
6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in
writing, called PROFESSIONAL's attention to each such variation at the time of submission and the OWNER
has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not relieve
CONTRACTOR from responsibility for errors or omissions in the submittals.
6.28. Where a shop drawing or sample is required by the Contract Documents orthe schedule of shop
drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed
prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole expense and
responsibility of CONTRACTOR.
Continuing the Work:
6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes
or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise
agree in writing.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and
other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the
work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools,
construction equipment and machinery, and surplus materials and will leave the Site clean and ready for
occupancy by OWNER. All disposal shall be in accordance with applicable Laws and Regulations. In addition
to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain
the site may"result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original
condition those portions of the site not designated for alteration by the Contract Documents.
Indemnification:
6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and
hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and
employees from and against all claims, damages, losses and expenses, direct, indirect or consequential
(including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONALs, architects,
attorneys and other PROFESSIONALs and court and arbitration costs) arising out of or resulting from the
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performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself)
including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by
Law and Regulations regardless of the negligence of any such party.
6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of
their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish any ofthe Work or anyone for
whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited
in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of
PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or
approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications.
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ARTICLE 7---0THER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have
other work performed by aided OWNERs or let other direct contracts therefor which shall contain General
Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract
Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, if
CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires
additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a
direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper and
safe access to the site and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work
of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the
written consent of PROFESSIONAL and the others whose work will be affected. The duties and responsibilities
of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other contractors to the
extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between
OWNER and such utility OWNERs and other contractors.
7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any
such other contractor or utility OWNER (or OWNER), CONTRACTOR shall inspect and promptly report to
PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an
acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or
nonapparent defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the performance of other work on the Project atthe site, the
person or organization who will have authority and responsibility for coordination of the activities among the
various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be
covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities
will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions,
neither OWNER nor PROFESSIONAL shall have any authority or responsibility in respect of such coordination.
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ARTICLE 8---0WNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all
communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a
PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the
Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys
to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's
identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface
conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the
Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance
are set forth in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3.
8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and
15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain .
circumstances.
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ARTICLE 9---PROFESSIONAL'S STATUS DURING
CONSTRUCTION
OWNERs Representative:
9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and
responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during
construction are set forth in the Contract Documents and shall not be extended without written consent of
OWNER and PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of
construction to observe the premises and quality of the executed Work and to determine, in general, if the Work
is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to make
exhaustive or continuous on-site inspections to check the quality or quantity of the Work. PROFESSIONAL's
efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work
will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced
and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER informed of the progress of the
Work and will endeavor to guard OWNER against defects and deficiencies in the Work.
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project
Representative to assist PROFESSIONAL in observing the performance of the Work. The duties,
responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as
provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the
site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of
such other person will be as provided in the Supplementary COhditions.
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably
requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of
the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to an
increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in
Articles 11 or 12.
Authorized Variations in Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and
will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If
CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may
make a claim therefor as provided in Article 11 or 12.
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Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes
to be defective and will also have authority to require special inspection or testing of the Work as provided in
paragraph 13.9, whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.29 inclusive.
9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11
and 12.
9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc.,
see Article 14.
Determinations for Unit Prices:
9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's
preliminary determinations on such matters before rendering a written decision thereon (by recommendation of
an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER
or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of
intention to appeal from such a decision.
Decisions on Disputes:
9.11. PROFESSIONAL will be the initial interpreter ofthe requirements of the Contract Documents and
judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the
performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the
Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a formal
decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a reasonable
time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to
PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after the
occurrence ofthe event giving rise thereto) and written supporting data will be submitted to PROFESSIONAL
and the other party within sixty days after such occurrence unless PROFESSIONAL allows an additional period
of time to ascertain more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL
will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation
or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuantto
paragraphs 9.1 0 and 9.11 with respect to any such claim, dispute or other matter (except any which have been
waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition
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precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise
have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other
matter.
Limitations on PROFESSIONAL s Responsibilities:
9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract
Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or
responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees.
9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques,
sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be
responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.
9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any
Subcontractors, any agents or employees, or any other persons performing any of the Work.
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ARTICLE 10--CHANGES IN THE WORK
10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions,
deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request,
identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a
written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request
calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the
proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall
not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable
conditions of the Contract Documents.
10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not
entitle CONTRACTOR to an increase in the Contract Price or an extension ofthe Contract Time, except in the
case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall
prevail irrespective of any conflicting provisions contained in these Contract Documents.
10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency
as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the
Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and
CONTRACTOR and submitted to OWNER for approval.
1 0.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a
Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with
Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined to
be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR may
submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated to
fully perform the work as directed by the Work Change Directive.
10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. If notice of any change affecting the general scope ofthe Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any
Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the
amount of each applicable Bond will be adjusted accordingly.
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ARTICLE 11-CHANGE OF CONTRACT PRICE
11 .1. The Contract Price constitutes the total compensation (subject to written authorized adjustments)
payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or
undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price.
11 .2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any
claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party
making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days)
after the occurrence ofthe event giving rise to the claim and stating the general nature of the claim. Notice of
the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless
PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts
(direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event.
All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with
paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for
an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the
Contract Price will be determined by the following procedures:
11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and
acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are
approximations prepared by OWNER for bid purposes and that the actual compensation payable to
CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual
quantities of items involved as measured in the field and required to complete the Work as originally defined in
the Contract Documents.
11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as defined
in these Contract Documents, is required and affects the quantities required for items designed in the Bid
Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to
CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the
application of the appropriate unit prices shown in the Bid Proposal to the quantity ofthe unit price item required
to complete the Work as defined in the Contract Documents.
11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and
CONTRACTOR may establish unit prices as agreed on by Change Order.
11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the Work
is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the amount of
increase or decrease in the lump sum price shall be established by mutual agreement of the parties.
11.3.5. If the pricing methods specified in 11.3 are inapplicable, or ifthe parties are unable to agree on
a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance
with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said reasonable
price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the Change
Order.
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11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions
within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs
to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the
discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum
quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to
construct to plan or authorized dimensions.
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by
OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for
employees not employed full time on the Work shall be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which
shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's
compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
Such employees shall include superintendents and foremen at the site. The expenses of performing Work after
regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent
authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and
refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors
acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determines, with the advice of
PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on
the basis of Cost ofthe Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same
manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the
Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses ofCONTRAC-
TOR's employees incurred in discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers,
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which are consumed in the performance of the Work, and cost less market value of such items used but not
consumed which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of
PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal
thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or
parts shall cease when the use thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or 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 insurance or otherwise, to
the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing ofthe
Work (except losses and damages within the deductible amounts of property insurance established by OWNER
in accordance with paragraph 5.6) provided they have resulted from causes other than the negligence of
CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts
any of them may be liable. Such losses shall include settlements made with the written consent and approval of
OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of
determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and
CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to
that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
site, expressage and similar petty cash items in connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the
Work and premiums of property insurance coverage within the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.6.
11.5. The term Cost o"f the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed
by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general
administration of the Work and not specifically included in the agreed upon schedule of job classifications
referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered
administrative costs covered by CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office
at the site.
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11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital
used for the Change Order Work and charges against CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to, the
correction of defective Work, disposal of materials or equipment wrongly supplied and making good any
damage to property.
11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profitshall be determined as
follows:
11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon;
11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen
percent,
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a
subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors shall be fifteen percent,
11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and
11.3,
11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by an amount equal to ten percent of the net decrease, and
11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4, inclusive.
11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with
supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the
amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net
decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project
Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved in
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any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an
increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by
discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for
each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus
the overhead and profit markup.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named
in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or
Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL
CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs,
overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price
and not in the allowances. No demand for additional payment on account of any thereof will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to
reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price
shall be correspondingly adjusted.
Unit Price Work:
11 .9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified item of Unit Price Work times the estimated quantity of
each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not
guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will
be made by PROFESSIONAL in accordance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be
adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs
materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no
corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that
CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an
increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount
of any such increase.
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ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in
the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7)
calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be
submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the
OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time
must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was
beyond CONTRACTOR's control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or
completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or
by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor
disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by
CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the
Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine.
CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay
which OWNER may determine to be due solely to such causes and only to the extent such occurrences
actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all
the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract
Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance,
progress, commencement or completion of the Work for any cause whatsoever, including those for which
OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to
perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole
and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of any
aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the
procedures set forth herein.
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ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION, REMOVAL
OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be
new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner,
free from faults or defects, and in accordance with the requirements of the Contract Documents and any
inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work
not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all
applicable building, construction and safety requirements shall be considered defective. Notice of all defects
shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be
rejected, corrected, or accepted as provided in this Article.
Access to Work:
13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated
representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be given
access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of the
Work and also for any inspection or testing by others.
Tests and Inspections:
13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than
CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore.
13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or
approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All
other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for
inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours per
week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away
from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection, testing,
or approval. All such tests will be in accordance with the methods prescribed by the American Society for
Testing and Materials or such other applicable organizations as may be required by law or the Contract
Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of
PROFESSIONAL and at CONTRACTOR's expense.
13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public
body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by
PROFESSIONAL if so specified).
13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered
without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for
observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given
PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not
acted with reasonable promptness in response to such notice.
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13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals
by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in
accordance with the requirements of the Contract Documents.
Uncovering Work:
13.8. If any Work required to be inspected, tested or approved is covered prior thereto withoutthe prior
written approval of PROFESSIONAL, or if any Work is covered contrary to the request of PROFESSIONAL, the
Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection, testing or approval and
replaced at CONTRACTOR's expense.
13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by
PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall
uncover, expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may
require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found
that such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees
and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and OWNER shall be
" entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount
thereof, OWNER may make a claim therefor as provided in Article 11. If, however, such Work is not found to be
defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract
Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and
reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may
make a claim therefor as provided in Articles 11 and 12.
OWNER May Stop the Work:
13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or
suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment
or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order CONTRACTOR
to stop the Work until the cause for such order has been eliminated. However, this right of OWNER to stop the
Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of
CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the Contract
Price or Contract Time or other damages for a stop work order under this paragraph.
Correction or Removal of Defective Work:
13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER
and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or
completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not
correct such defective Work or remove and replace such defective Work within a reasonable time, as specified
in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect
costs of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR.
CONTRACTOR will also bear the expense of correcting or removing and replacing all Work of others destroyed
or damaged by the correction, removal, or replacement of the defective Work.
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One Year Correction Period:
13.12. If, after approval of final payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Documents, any Work or materials are found to be
defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such
defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective
Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the
defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal
and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other
professionals) will be paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and,
prior to PROfESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it, OWNER
may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's
evaluation of and determination to accept such defective Work (such costs to be approved by PROFESSIONAL
as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys
and other professionals). If any such acceptance occurs prior to PROFESSIONAL's recommendation of final
payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with
respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the
parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article
11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by
CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to
proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in
accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents,
OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In
exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent
necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and
incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees such access to the site as may be necessary to enable OWNER to
exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in
exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to
reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions
in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease
in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a
claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but not be
limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all
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costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement
of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time
because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights
and remedies hereunder.
Neglected Work by CONTRACTOR
13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents,
including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a
recovery plan and take specific corrective actions including, but not limited to, employing additional workmen
and/or equipment, and working extended hours and additional days, all at no costto OWNER in order to putthe
Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective action,
OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and have
the Work done by others. The cost of completion under such procedure shall be charged against
CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract
Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are
not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs
to OWNER of associated inspection, construction management and resident engineers shall be identified to
CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress
payments and will be incorporated into a form of application for Payment acceptable to Project Manager.
Progress payments on account of Unit Price Work will be based on the number of units completed.
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date established for each progress payment (but
not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application
for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the
application and accompanied by such supporting documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and
suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the
materials and equipment free and clear of all liens and evidence that the materials and equipment are covered
by appropriate property insurance and other arrangements to protect OWNER's interesttherein, all of which will
be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the final
payment or acceptance by OWNER. The amount of retain age with respect to progress payments will be as
stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered
by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than
the time of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for Payment,
either indicate in writing a recommendation of payment and present the application to OWNER, or return the
application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to recommend
payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application.
OWNER shall, within thirty-one calendar days of presentation to him of the application for payment with
PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount recommended.
14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will
constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations
of the Work in progress as an experienced and qualified design PROFESSIONAL and on PROFESSIONAL'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 PROFESSIONAL's knowledge, information and belief, the
quality of the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a
functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in
the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under
paragraph 9.10, and to any other qualifications stated in the recommendation; and that CONTRACTOR is
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entitled to payment of the amount recommended. However, by recommending any such payment,
PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site
inspections have been made to check the quality or the quantity of the Work beyond the responsibilities
specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be other matters or
issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation
by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final
payment as set forth in paragraph 14.13 have been fulfilled.
14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in
PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL
may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as
may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has been damaged requiring correction or
replacement.
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order.
14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with
paragraph 13.14. or
14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims
have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or
Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set against
the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to
PROFESSIONAL) stating the reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR
shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for
items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate
of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If
PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify
CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially
complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial Completion
which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of
items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the
tentative certificate during which to make written objection to PROFESSIONAL as to any provisions of the
certificate or attached list. If, after considering such objections, PROFESSIONAL concludes thatthe Work is not
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substantially complete, PROFESSIONAL will, within fourteen days after submission of the tentative certificate to
OWNER notify CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's,
objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said
fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the
tentative certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At
the time of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to
OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities,
insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform
PROFESSIONAL prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion,
PROFESSIONAL's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final
payment. .
14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct
items on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (0
has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and
CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by
OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the
remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the
following:
14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If
CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the
Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for
that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that
CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and
request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a
reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an
inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider
that part ofthe Work to be substantially complete, PROFESSIONAL will notify OWNER and CONTRACTOR, in
writing, giving the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially
complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial
Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.
14.10.2. OWNER may at any time request CONTRACTOR, in writing, to permit OWNER to take over
operation of any such part of the Work although it is not substantially complete. A copy of such request will be
sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and
PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final
payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the
Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be
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completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written
recommendation as to the division of responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and
guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR atthe time
when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed
PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work,
OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to
complete other related Work.
14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion
thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will
notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi-
ciencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL
and OWNER and delivered in accordance with the Contract Documents all maintenance and operating
instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2,
certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make
application for final payment following the procedure for progress payments. The final Application for Payment
shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract
Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to
final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all liens
arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved
by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i)
the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and
(ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any
Subcontractor or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or
other collateral satisfactory to OWNER to indemnify OWNER against any lien.
14.12.1. No application for final payment will be accepted by OWNER until approved as-built
documents by CONTRACTOR are accepted and approved by PROFESSIONAL.
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14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER and
PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider, Subcontractor,
laborer or other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be
made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of nonpayment by him.
CONTRACTOR agrees to defend and resolve all claims made by Subcontractors, indemnifying OWNER and
PROFESSIONAL for all claims arising from or resulting from Subcontractor or supplier or material men or
laborer services in connection with this project.
14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any
damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the work
required by these contract documents.
Final Payment and Acceptance:
14.13. If, on the basis of PROfESSIONAL's observation of the Work during construction and final
inspection and PROFESSIONAL's review of the final Application for Payment and accompanying
documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled,
PROfESSIONAL will, withih ten (10) working days after receipt of the final Application for Payment, indicate in
writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment.
Atthe same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR thatthe Work is
acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to
CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to
OWNER of the application and accompanying documentation, in appropriate form and substance and with
PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by
PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and
if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment
and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the
balance due for that portion of the Work fully completed and accepted. Ifthe remaining balance to be held by
OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and if
bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to
PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and
conditions governing final payment; except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. Neither recommendation of any progress or final
payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor
any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or
occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER
nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission,
nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph 14.13,
nor any correction of defective Work by OWNER will constitute an acceptance of Work not in
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August 2001
accordance with the Contract Documents or a release of CONTRACTOR's obligation to
perform the Work in accordance with the Contract Documents (except as provided in
paragraph 14.16).
Waiver of Claims:
14.16. The making and acceptance of final payment will constitute:
14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from
unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply
with the Contract Documents or the terms of any special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made
in writing and still unsettled.
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A~TICLE 15--SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing to CONTRACTO~ and PROFESSIONAL which will fix
the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed.
CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or
both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in
Articles 11 and 12.
Termination For Cause:
15.2. Upon the occurrence of anyone or more of the following events:
15.2. 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code
(Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar
action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the
bankruptcy or insolvency;
15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency;
15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors;
15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or
under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose
of enforcing a Lien against such property or for the purpose of general administration of such property for the
benefit of CONTRACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due;
15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or
15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions ofthe Contract Docu-
ments,
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the
extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR
from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction
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equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere,
and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to
receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the
direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of
PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration costs) such
excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay
the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by
PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this
paragraph, OWNER shall not be required to obtain the lowest price for the Work performed.
15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially
determined that there was no cause for termination, the termination for convenience provision will be the means
for disposition of the balance of the contract obligations.
Termination for Convenience
15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER
may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the
Contract. In such case, CONTRACTOR shall be paid (without duplication of any items):
15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such
Work;
15.4.2. For expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials or equipment as required by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
15.4.3. For all claims, costs, losses and damages incurred in settlement ofterminated contracts with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will
not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR
from liability.
CONTRACTOR May Stop Work or Terminate:
15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than
ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails
to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days to
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pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working days'
written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy
such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the
same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or
remedy, if PROFESSIONAL has failed to act ot! an Application for Payment within thirty days after it is submitted
or OWNER has failed for thirty-one calendar days after it is submitted to pay CONTRACTOR any sum finally
determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and PROFESSIONAL
stop the Work until receipt of payment of all such amounts due CONTRACTOR, including interest thereon.
The provisions of this paragraph are not intended to preclude CONTRACTOR from making claim under Articles
11 and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly
attributable to CONTRACTOR's stopping Work as permitted by this paragraph. The provisions of this paragraph
shall not relieve CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance
with the progress schedule and without delay during disputes and disagreements with OWNER.
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Revision Date
August 2001
ARTICLE 16--DISPUTE RESOLUTION
16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both,
"or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the
commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining
to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the
facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the
meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the time
limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing
character and notice of the claim is not given within ten (10) working days of its commencement, the claim will
be considered only for a period commencing ten (10) working days prior to the receipt by OWNER of notice
thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by registered or
certified mail, return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR
arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law
in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to
jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest
same.
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Revision Date
August 2001
ARTICLE 17 -MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an
officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage
prepaid, to the last business address known to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed
to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday
or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted
from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall
constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any
error, omission or act of the other party or of any of the other party's employees or agents or others for whose
acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time
of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed
as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1,13.12,13.14,14.3 and 15.2 and all of the
rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are notto be
construed in any way as a limitation of, any rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions
ofthe Contract Documents, and the provisions ofthis paragraph will be as effective as if repeated specifically in
the Contract Documents in connection with each particular duty, obligation, right and remedy to which they
apply. All representations, warranties and guarantees made in the Contract Documents will survive final
payment and termination or completion of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this
Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of
five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to
audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the
period of the Contract and for a period of fwe (5) years thereafter provided, however, such activity shall be
conducted only during normal business hours. OWNER, during this period of time, shall also have the rightto
obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the
aforesaid records and supporting documentation.
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
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Revision Date
August 2001
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the
Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract
Documents shall control.
17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall
be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR
specifically waives any claim to same.
Substitutions:
17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of
materials that are not determined to be equivalent to those indicated or required in the contract documents
without an amendment to the contract.
Sanitary Sewer Overflow Prevention:
17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction:
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters
of the State is a violation of Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This
plan will include a list of key personnel with 24-hour contact information who will respond during an emergency
situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes
to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to
implementation.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans
and supporting calculations must be submitted to the Augusta Utilities Department for review prior to
establishment of the bypass. All bypass systems will include complete redundancy in pumping systems,if
failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the
State.
17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation
and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to
waters of the State.
17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following
actions:
1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater.
2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT
PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction
conference).
3. Maintain a chronicle of relevant information regarding the incident including specific actions taken
by the CONTRACTOR and estimates of the discharge volume.
17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia
Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if
appropriate.
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Revision Date
AUgust 2001
17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the OWNER, the
CONTRACTOR is not responding to an emergency situation in an appropriate manner, the Utilities Department
will undertake necessary actions to abate an overflow situation. The cost of these actions will be the
responsibility of the CONTRACTOR.
17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by
the Utilities Department to assess potential mitigation measures that may be required of the CONTRACTOR.
PROGRAM MANAGER:
17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta,
GA 30901.
The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite
representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in
any way responsible for those duties that belong to OWNER and / or the CONTRACTOR or other entities, and
do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including,
but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the construction Contract
Documents and any health and safety precautions required by such construction work.
PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over
any construction contractor or other entity or their employees in connection with their work or any health or
safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety
deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM
MANAGER's own personnel.
The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to
OWNER a greater degree of confidence that the completed construction work will conform generally to the
construction documents and that the integrity of the design concept as reflected in the construction documents
has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither
guarantees the performance of the construction contractor(s) nor assumes responsibility for construction
contractor's failure to perform work in accordance with the construction documents.
For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into the
construction work, and construction contractors include manufacturers of materials incorporated into the
construction work
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SUPPLEMENTARY GENERAL CONDITIONS
CONTRACTOR'S LIABILITY INSURANCE
Insurance shall be written with limits ofliability shown below or as required by law, whichever is
greater:
Commercial General Liability (per occurrence)
General Aggregate
Products
Personal & Adv. Injury
Fire Damage
Automobile Liability (any auto)
Excess Liability (Umbrella)
Workers Compensation
Employer Liability
Each Occurrence
Combined Single Limit
Each Occurrence
SC-l
$1,000,000
$2,000,000
$2,000,000
$1,000,000
$ 500,000
$1,000,000
$5,000,000
Statutory Limits
$1,000,000
TECHNICAL SPECIFICATIONS
SECTION T-1- SITE WORK
SCOPE:
The work covered by this specification consists of furnishing all plant, labor, equipment,
appliances, materials and supervision, and in performing all operations in connection with
clearing, grubbing, excavation, filling, backfilling, grading the site, field layout, staking, and grade
setting in strict accordance with this section of the specifications, the applicable drawings and
terms and conditions of the Contract.
GENERAL:
Operations shall be conducted in a manner which will provide for the safety of employees and
others. Existing utility lines, walks, steps, paving, structures, or trees to remain shall be
safeguarded end protected from damage, and supported if necessary. Prior to any work the
Contractor shall obtain necessary permits for work in the area or shall ascertain that the permits
have otherwise been obtained. See Special Conditions for field layout, staking, and grade setting
requirements.
Classification of Excavation: All excavation in connection with site work will be considered
unclassified common excavation.
CLEARING:
Clearing shall consist of the felling and cutting up or trimming of trees and the satisfactory
disposal of the trees and other vegetation designated for removal together with the down timber,
snags, brush and rubbish occurring within the project limits. Trees and other vegetation to be
removed and all stumps, roots, and brush in areas to be cleared but not grubbed shall be cut off
flush with or slightly below the original ground surface. Trees and stumps in areas to the covered
by embankments 3 feet or more in height shall be cut off to 8 inches or less above the original
ground surface. Trees and other vegetation in areas to be cleared and grubbed may be removed
by uprooting or any other method that the Contractor may propose that is satisfactory to the
Engineer. Individual trees and groups of trees designated to be left standing shall be trimmed of
all live branches to such heights and in such manner as directed by the Engineer. All limbs and
branches required to be trimmed shall be neatly cut close to the hole of the tree or to main
branches, and be cuts more than 1-1/2 inches in diameter thus made shall be painted with an
approved tree wound paint.
GRUBBING:
Grubbing shall consist of the removal and disposal of all stumps, roots larger than 3 inches in
diameter to the depth specified, and matted roots from the areas to be grubbed. In foundations
areas, stumps, roots, logs or other timber 3 inches and over in diameter, matted roots, and other
debris not suitable for foundation purposes, shall be excavated and removed to a depth not less
TS-l
than 18 inches below any subgrade, shoulder or slope; and to a depth of 12 inches below finish
grade in areas to be grassed. All depressions excavated below the original ground surface for or
by the removal of stumps and roots, shall be refilled with suitable material and compacted to make
the surface conform to the surrounding ground surface. Grubbing will not be required in areas
other than those occupied by construction and graded and grassed areas.
DISPOSAL OF CLEARED AND GRUBBED MATERIAL.;.
Merchantable Timber: All merchantable timber (6" diameter at the base or larger) cut from the
construction sites, or from the rights-of-way, shall remain the property of the landowner. The
contractor shall trim and cut such timber and stack it neatly within the easement or right-of-way,
as directed by the Engineer.
Burning or Removal From Site: All Timber, except such timber which the Engineer considers
merchantable, all logs, stumps, roots, brush, rotten wood and other refuse from the clearing and
grubbing operations shall be burned, except that when permitted in writing by the Engineer, logs
and large stumps may be otherwise disposed of as elected by the Contractor. Such permit will
state the conditions covering the disposal of such logs and stumps without burning, including the
areas in which they may be placed. Timber and other refuse to be disposed of by burning shall be
burned at locations specified by the Engineer, in a manner that will avoid all hazards, such as
damage to existing structures, construction in progress, trees and vegetation. The Contractor will
be responsible for compliance with all Federal and State Laws and regulations relative to the
building of fires.
MA TERIALS:
Borrow Material shall be selected to meet the requirements and conditions of the particular
installation for which it is to be used. The material shall consist of sand soils or sand-clay soils
capable of being readily shaped and compacted to be required densities and shall be free of roots,
trash arid any other deleterious material. The material shall be obtained from off-site borrow pits
approved by the Engineer. Borrow pits shall be cleared and grubbed as necessary, and shall be
opened, excavated, graded and maintained so that adequate and proper drainage and a neat
appearance shall exist at all times.
Topsoil shall consist of a natural material that occurs in surface deposits of limited depth, and, in
general, on elevated areas, it shall be composed of natural mixtures of clay and soil binder with
sand. Topsoil shall contain not more than 25 percent of clay and shall be free of stones larger
than 2 inches in diameter, roots, excessive vegetation, rubbish or other deleterious matter.
Topsoil shall be approved by the Engineer before being used on the work. Topsoil as described,
shall be excavated from all areas to be disturbed, whether for structures, piping, site grading, or
paving, and if it cannot immediately be placed in its final location, it shall be stored for later use.
Stockpiled topsoil shall be placed to afford good drainage. Topsoil work shall not be performed
when the soil is so wet that the tilth of the soil will be destroyed.
Embankment: This item consists of placing in fills and embankments for roadways, and other site
grading work, the materials removed from the various excavations and borrow pits, all as
TS-2
specified therein and in accordance with the appropriate lines, grades, sections, contours and
dimensions.
Crushed stone surfacing material shall consist of a compacted subgrade, a 4" sand-clay base, and a
2-1/2" crushed stone surface course. The surface course shall consist of dense graded crushed
stone with 65 percent passing a NO.4 U. S. Standard Sieve.
CONSTRUCTION METHODS:
General: During construction, embankments, fills and excavations shall be kept shaped and
drained. Ditches and drains along the subgrade shall be maintained in such manner as to drain
effectively at all times. Grading shall be done so that the surface of the ground will be properly
sloped to prevent water from running into the excavations for structures or pipe lines; any water
which accumulates in excavations shall be removed promptly. Excavated materials shall not be
stockpiled within a distance from the edge of any excavation less than 1-1/2 times the depth of the
excavation. Suitable material removed from excavation shall be used, where feasible, in the
formation of embankments, fills, subgrades, shoulders, backfills, and site grading; excess material
from excavation, not required for such uses or materials not suitable for such uses, shall be wasted
in locations directed by the Engineer. Any wetting, hauling, scarifying, mixing shaping, rolling,
tamping or other operation incidental to the following requirements, which, in the judgment of the
Engineer, are necessary to obtain the specified results, shall be performed by the Contractor at no
additional expense to the Owner.
Site Grading: Site grading shall consist of excavating and placing all necessary materials outside
the limits of the various structures. Site grading shall be completed when all surfaces are aligned
with surrounding grades or are in conformity with the contours when shown, and are smooth,
firm, containing the specified materials. Site grading shall include all excavation, filling and
compacting required for construction of all ditches, roads, and all other areas disturbed by
construction except as otherwise specified. Site grading also shall include excavation and backfill
for walks and steps. Except as otherwise specified herein, all disturbed areas on the site shall be
finished off to a uniformly smooth surface, free from abrupt, irregular surface changes. The
degree of smoothness shall be that ordinarily obtainable from power grader operations. The
finished surface shall not be more than 0.10 foot above or below the established grade. There
shall be no roots, wasted building materials, trash or other unsightly matter projecting through or
visible at the surface.
After all embankments and fills have been completed to grade, and after all structures and pipe
lines requiring the use of heavy equipment have been completed, excavation necessary for the
construction of walkways and steps may be performed. Excavation shall be accurately cut to line
and grade; sufficient width for the accurate placement and adequate support of the forms shall be
allowed. After the forms are removed, the backfill shall be replaced and recompacted around
structures, walks and steps. Care shall be taken to avoid damage to the walks and steps by the
tampers.
Topsoil shall be evenly spread over the entire area to receive vegetation cover. The compacted
sub grade shall be scarified to a depth of 2 inches for the bonding of topsoil with the subsoil.
Topsoil shall then be evenly spread, lightly compacted (not less than one pass of a cultipacker
TS-3
weighing 100 to 160#/ft. of roller) and graded to a uniform thickness of not less than 3 inches,
and the surface shall conform to the requirements of site grading, ditches, embankments, or other
features, as applicable.
Ditches shall be cut accurately to line, grade, and cross-section. Any excessive ditch excavation
shall be backfilled to grade with material approved by the Engineer, consisting of suitable
excavated soil, borrow, or stones or cobbles. The requirements of paragraph "Site Grading"
above, shall apply to ditches except as follows: The degree of smoothness shall be that usually
obtainable with string line or hand raking methods; the finished surface of ditch slopes shall not be
more than 0.10 foot above or below the appropriate elevations.
Embankment: Sloping ground surface, steeper than one vertical to four horizontal, on which
embankment or fill is to be placed, shall be plowed, stepped, or broken up in such manner that the
embankment material will bond with the existing surface. Approved material, consisting of earth,
sandy clay, sand and gravel, clay gravel, soft shale, or other granular material (not containing
muck, trees, stumps, brush, matted roots or other clods of earth or stones) shall be placed in
horizontal layers of loose material not more than 8 inches in depth. Each layer shall be spread
uniformly and tamped and compacted to 95 percent of the density measured by Standard Proctor
ASTM D698. Tamping shall be accomplished by sheepsfoot rollers or mechanical hand tampers.
Final compaction may be by an approved power roller weighing not less than 10 tons, except
where insufficient cover may cause damage to pipe.
CRUSHED STONE SURFACING FOR UNPAVED DRIVEWAY REPLACEMENT:
The subgrade shall be scarified 6" deep and then recompacted to 100% ASTM D698. Over the
compacted subgrade compact a 4" thick Class A sand clay base compacted to 100% of ASTM
D698 density. The 2" compacted crushed stone surface course shall be installed over the base.
INSPECTION AND TESTS:
The Engineer, at his discretion, may order tests and inspections to the performed during the
progress of the work, or at the completion of any individual unit of the work, or at the time of
final inspection of the entire project. Random spot checks of elevation and slopes shall be
conducted by ordinary differential level and profile methods. Random spot checks of topsoil
thickness shall be conducted by cutting through the surface with a spade or mattock, and
measuring the thickness of topsoil exposed. Density of embankment, fill, backfill or sub grade may
be measured according to the procedures of ASTM D698.
GRASSING:
Areas of road shoulders and other property disturbed by construction operations shall be grassed
in accordance with the GRASSING section of the specifications. Areas to be grassed shall be
planted, maintained, and shall utilize topsoil, lime, fertilizer, proper and approved grass and mulch
sufficient to produce a cover suitable to eliminate significant erosion.
TS-4
MAINTENANCE:
Inspection of site work as it is completed, shall not constitute final acceptance of the item. The
Contractor shall maintain all items in such condition as to be ready for final inspection from the
time of completion until the final acceptance of the entire project.
PAYMENT:
Payment for clearing, grubbing, site grading, borrow material, sediment containment, crushed
stone driveways, and erosion control shall be included in the unit price for water lines, lump sum
price and other unit price or lump sum prices as appropriate.
No other separate payment will be made for the work covered by this section of the specifications
and all costs in connection therewith shall be included in the appropriate lump sum or unit price in
the Bid.
SECTION T-2 - EXCAVATION. FILLING AND BACKFILLING
SCOPE:
The work covered by this section of the specifications consists of furnishing all plant, labor,
equipment, appliances, materials, layout staking and grade staking and supervision, and in
performing all operations in connection with the excavation, filling and backfilling for structures
and piping in strict accordance with this section ofthe specifications, the applicable drawings and
terms and conditions of the Contract.
CLASSIFICATION OF EXCAVATION:
All excavation shall be unclassified.
EXCA VA TION:
General: The excavation shall conform to dimensions and elevations appropriate for the pipe
line or structure. Excavation shall not be carried below the elevation necessary for construction.
Excavation for Walls and Footings shall extend a sufficient distance to allow for the placing and
removal of forms, installation of services and for inspection, except where the concrete wall or
footing may be authorized to be deposited directly against excavated surfaces.
Trench Excavation: Trenches shall be excavated true to line and grade. Trenches to receive pipe
having a nominal diameter of24 inches or less shall not be less than 12 inches wider nor more
than 16 inches wider than the outside diameter of the pipe to be laid therein, so that a clear space
of not less than 6 inches nor more than 8 inches in width is provided on each side of the pipe.
The maximum width specified applies to the width at or below the level ofthe top ofthe pipe.
The width of the trench above the pipe may be as wide as necessary to provide room for proper
installation of the work. The contractor shall comply with the safety requirements of OSHA.
TS-5
The bottoms of trenches for water lines shall be rounded so that the lower 90 degree quadrant of
the pipe is in direct contact throughout its entire length with undisturbed earth or with suitable
compacted fill material. Bell holes and excavation for joints shall be dug by hand after the trench
bottom has been shaped. These holes shall be so spaced and sized as to permit first class
workmanship on the joint and to insure that the maximum length of pipe possible will rest on the
prepared bottom of the trench.
Where rock is encountered in the trench bottom, the excavation shall be carried below the bottom
of the pipe a distance of 6 inches or one-eighth the outside diameter of the pipe, whichever is
greater. Where, in the opinion of the Engineer, the natural trench bottom is soil which is
incapable of satisfactorily supporting the pipe, such unsuitable soil shall be removed to the depth
required as determined at the site. The trench bottom shall then be refilled with selected refill
material, placed in 8 inch layers and compacted at optimum moisture content. Each layer shall the
thoroughly tamped. The refill shall be brought to the proper elevation for the pipe.
Dewatering and Drainage of Excavated Areas: Grading in the vicinity of structures shall be
controlled to prevent surface water from running into excavated areas. Dewatering by pumping
or well pointing from excavated areas shall be performed by the contractor to provide a stable
excavation and a firm pit or trench bottom. Dewatering shall incur no extra cost to the Owner.
All dewatering methods shall be subject to the approval of the Engineer as to capacity and
effectiveness. Water removed from the excavated areas shall be conveyed in a proper manner to
a suitable point of discharge where it will neither cause injury to public health, public or private
property, the surface or use of streets by the public or work completed or in progress.
Protection Against Flotation: To guard against the danger of flotation of empty or partially empty
pipe due to a high water table, all dewatering operations shall be continued without interruption
until such time as sufficient backfill has been placed over the top of the pipe to overcome the
buoyancy effect of a completely empty pipe which is entirely submerged.
Shoring and Protection of Excavations: Shoring shall be provided by the contractor as
necessary to protect life or property. All existing structures, streets, and foundations which are
not to be removed or relocated shall be adequately protected or replaced by the Contractor
without cost to the Owner. Special care shall be taken to protect all existing utilities, including
water pipes, sewer pipes, gas pipes, other pipes/cables/conduits, fire hydrants, valves, electrical
poles, and others, from damage and/or undermining during excavation and installation. The
Contractor shall adequately protect the work under construction and the safety of his workman in
excavations by the use of suitable sheeting, shoring and bracing, or by sloping the banks in
accordance with the angle of repose of the soil.
The contractor alone is responsible for any damage or injury resulting from his failure either to
provide adequate protection from the excavation or to comply with OSHA requirements.
Excess Material: Excess material to be used for backfill shall be stockpiled as directed by the
Engineer. Excavated material shall be deposited a sufficient distance from the side of excavation
walls to prevent excessive surcharge on the wall. Excess excavated material not suitable or
required for backfill or filling shall be wasted within the limits of the site as directed by the
TS-6
Engineer.
Blasting: Where blasting is necessary, it shall be done in accordance with ordinances by certified,
licensed operators. No blasting shall be set offwithin 50 feet of pipe already laid in the trench.
Suitable mats shall be provided to confme, within the limits of the excavations, all materials lifted
by blasting.
FILL:
Earth fill shall be placed in layers not to exceed 8 inches in thickness. Each layer shall be
compacted at optimum moisture content in a manner approved by the Engineer. After
compaction, the dry weight per cubic foot for each layer shall be at least 95% ofthe maximum
Laboratory Dry Weight per cubic foot, as determined by the ASTM D 698.
BACKFILLING:
Trenches and other excavations shall not be backfilled until all required tests are performed and
the work has been approved by the Engineer. The trenches shall be carefully backfilled with the
excavated materials approved for backfilling consisting of earth, loam, sandy clay, sand and gravel
soft shale, or other approved materials. No material shall be used for backfilling.that contains
mulch, other unstable materials, stones, blasted rock, broken concrete or pavement, or other hard
materials having any dimension greater than 4 inches; or large clods of earth, debris, frozen earth
or earth with an exceptionally high void content.
For backfill up to a level 1 foot over the top of pressure pipelines and 2 feet above the top of
gravity pipelines, only selected materials shall be used. Select materials shall be finely divided
material free from debris, organic material and stone, and may be suitable job excavated material
or shall be provided by the Contractor from other sources. The backfill shall be placed in uniform
layers not exceeding 6 inches in depth. Each layer shall be moistened and carefully and uniformly
tampered with mechanical tampers or other suitable tools. Each layer shall be placed and tamped
under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or
lateral displacement.
The remainder of the backfill material shall then be placed and compacted above the level
specified above. In areas not subject to traffic, the backfill shall be placed in 12 inch layers and
each layer moistened and compacted to a density approximating that of the surrounding earth.
Under roadways, driveways, paved areas, parking lots, along roadway shoulders and other areas
subject to traffic, the backfill shall be placed in 6 inch layers and each layer moistened and
compacted to 95% maximum dry density at optimum moisture based on a modified proctor so
that traffic can be resumed immediately after backfilling is completed. Any trenches which are
improperly backfilled, or where settlement occurs, shall be reopened to the depth required for
proper compaction, then refilled and compacted with the surface restored to the required grade
compaction. Along all portions of the trenches not located in roadways, the ground shall be
graded to a reasonable uniformity and mounding over the trenches left in a neat condition
satisfactory to the Engineer.
TS-7
Sheeting not specified to be left in place shall be removed as the backfilling progresses. Sheeting
shall be removed in such a manner as to avoid caving of the trench. Voids left by the removal of
sheeting and shoring shall be carefully filled and compacted. Where, in the opinion of the
Engineer, damage is liable to result from withdrawing sheeting, the sheeting will be ordered to be
left in place.
FILL AND BACKFILL MATERIAL:
Material for fill and backfilling shall consist of the excavated material, if suitable, or borrow
approved by the Engineer, and shall be free of trash, lumber, or other debris, roots and other
organic, perishable or deleterious matter.
MATERIAL FOR TRENCH BACKFILL:
Borrow material for trench backfill shall consist of sand soils or sand clay soils capable of being
readily shaped and compacted to the required densities and shall be free of roots, trash, and any
other deleterious material.
SELECTED REFILL MATERIAL
When directed by the Engineer, selected refill material shall be used to refill the trench bottom
where unsuitable soil is encountered; or, where rock excavation is required in trenches for water
lines, selected refill material shall be used to refill the trench bottom to a minimum depth of 6
inches. Such material shall be crushed stone or gravel of suitable gradation free from sod, sticks,
roots and other organic, perishable or deleterious matter. The Contractor shall obtain prior
approval from the Engineer of the material proposed for the above use.
PAVEMENT REMOVAL AND REPLACEMENT:
The contractor shall replace or repair all pavement which has been removed or damaged in his
trenching operation with pavement of equal quality but not less than 8" of3,000 p.s.i. concrete,
plus 2" hot plant mix over compacted fill. If trench width is 6 feet or greater, 8" concrete cap is
not required beneath 2" hot plant mix. Sufficient pavement shall be replaced to allow for at least
one foot outside of excavation limits or damaged portions. The existing pavement shall be
neatly cut vertically and on a uniform horizontal alignment. The type of paving used in patching
shall be the same as the original pavement and shall be tied into the adjacent pavement or slab as
directed by the Engineer. Pavement subgrade and pavement under the cognizance oflocal and
state highway departments shall be replaced in strict accordance with their standards or direction.
The Owner will provide permits for the opening of the pavement. The Contractor shall meet all
of the requirements of such permits for work which is done within the highway right-of-way.
All pavement markings damaged or destroyed during construction of this project shall be replaced
with thermoplastic markings of the same configuration and color as the original markings.
Thermoplastic material and placement shall meet the requirements of Georgia Department of
Transportation Specifications for Roads and Bridges, 1993 edition. Measurement for payment
shall be by the square yard as measured in place.
TS-8
EROSION AND SEDIMENT CONTROL:
Temporary Silt Fencing shall be installed to limit the migration of silt from the construction area
to waterways or proximate water courses. Filter fabrics free of defects or flaws shall be installed
against a stable, post supported wire backing to intercept all runoff from the construction site.
Filter Fabrics Materials shall be strong rot-proof synthetic fibers formed into a fabric of either the
woven or nonwoven type. Either type of fabric shall be free of any treatment or coating which
might significantly alter its physical properties after installation. The fabric shall contain
stabilizers and/or inhibitors to make the filaments resistant to deterioration resulting from
exposure to sunlight or heat. The fabric shall be a pervious sheet of synthetic fibers oriented into
a stable network so that the fibers retain their relative position with respect to each other under
normal handling, installation, and service conditions. Edges of the fabric shall be finished to
prevent the outer yarn from pulling away from the fabric.
During all periods of shipment and storage, the fabric shall be wrapped in a heavy-duty protective
covering which will protect the cloth from sunlight, mud, dust, dirt, and debris. The fabric shall
not be exposed to temperatures greater than 140 degrees F.
The fabric shall meet be following physical requirements:
Tensile Strength (Lbs. Min.)
(ASTM D-4632)
Warp - 120
Fill- 100
Elongation (% Max.)
(ASTM D-4632)
40
AOS (Apparent Opening Size) (Max-
Sieve Size) (ASTMD-4751)
#30
Flow Rate (Gal/Min/Sq.Ft.)
(GDT-87)
25
Ultraviolet Stability (2)
(ASTM D-4632 after 300 hours
weathering in accordance with
ASTM D-4355)
80
Bursting Strength (PSI Kin.)
(ASTM D-3786 Diaphragm Bursting
Strength T ester)
175
Minimum Fabric Width (Inches)
24
Filter Fabric Backing shall be woven wire and attached to the posts by wire, cord, staples, nails,
or other acceptable means. The filter fabric shall be installed in such a manner that 6 to 8 inches
of fabric is left at the bottom to be buried and a minimum overlap of 18 inches is provided at all
TS-9
splice joints. After the fabric is installed in a trench, the trench is then to be backfilled and
compacted so that no flow can pass under the barrier.
The Wire Support Fence shall be at least 24" high and shall have at least 6 horizontal wires 4X4
Wl..4 X WI. 4 or equal.
Posts shall be a minimum of 4 feet long and either wood or equivalent steel posts may be used.
Soft wood posts shall be at least 3 inches in diameter or nominal 2" X 4" and straight enough to
provide a fence without noticeable misalignment. Maximum post spacing shall be 4 feet.
Wire Staples/Fasteners shall be #17 gauge minimum and shall have a crown at least 3/4 inch wide
and legs at least 1;2 inch long. Nails for fasteners shall be #14 gauge minimum, 1 inch long with
3/4 inch button beads. Fasteners shall be evenly spaced with at least 4 per post.
Straw Bale Ditch Checks: To control erosion in waterways and to provide additional restriction
of silt migration, temporary ditch checks shall be installed. Standard rectangular mechanically
produced straw bales shall be anchored to 2x4x4'-O" posts set 2.5' below grade.
Removal of Temporary Soil Erosion and Sediment Control Measures: After permanent erosion
control features of the work site are complete and ample grass is established, the temporary
fences, ditch checks, etc. shall be removed. Silt which has collected shall be removed, or when
appropriate, regraded, stabilized, and planted.
RESTORATION OF PRIVATE PROPERTY:
The contractor shall carefully restore all private property defaced by operations or acts of any of
his agents or employees. Such restoration shall include seeding, sodding, and transplanting of
lawns, hedges or ornamental plantings, and the repair or replacement of other private facilities in
such manner as to meet the approval of the Engineer and at no additional cost to the Owner. No
structures or trees shall be removed without the consent of the property owner or until
condemnation procedure, ifnecessary, has been completed.
PAYMENT:
Except as specifically stated in the items which follow, no separate payment shall be made for
common excavation for structures and pipeline trenches; backfill; pipe bedding; protection of
utilities; maintenance of usable driving surfaces free from potholes; depressions and ruts, erosion
control and sediment containment measures; and other work covered by this section of the
specifications. Such work shall be considered as a subsidiary obligation ofthe Contractor in
completing the work and all costs in connection therewith shall be included in the applicable lump
sum or unit price items in the Bid.
Pavement replaced over trench excavations will be paid for on the basis of the applicable unit
price per linear foot as set forth in the Bid.
Resurfacing: For roadway sections which must be resurfaced, payment will be made per square
yard for the resurfacing applied over the pavement replacement over trench excavations as wall as
TS-I0
the adjoining area within the resurfacing limits.
SECTION T-3 - CONCRETE
SCOPE:
The work covered by this specification consists of furnishing all plant, labor, equipment,
appliances, and materials, and in performing all operations in connection with the installation of
concrete work, complete, in strict accordance with this specification and the applicable drawings,
and subject to the terms end conditions of the Contract.
APPLICABLE SPECIFICATIONS:
The current edition of the following specifications form a part of this specification:
American Society for Testing Materials Designation:
C 33
C 150
A615
C 94
C 31
Concrete Aggregates
Portland Cement
Reinforcing Steel
Ready-Mix Concrete
Method of Making and Curing Concrete Compression and Flexure Test
Specimens in the Field
American Concrete Institute Publications:
ACI318
ACI 315
Building Code Requirement for Reinforced Concrete
Manual of Standard Practice for Detailing Reinforced Concrete Structures
CONCRETE:
Materials:
Cement: Portland Cement shall be Type I or Type III conforming to ASTM C 150. Only one
brand of cement shall be used for exposed concrete in any individual structure.
Fine Aggregate shall consist of natural sand, manufactured sand or a combination thereof,
conforming to the requirement of ASTM C 33, Concrete Aggregate.
Coarse Aggregate shall consist of crushed stone, gravel, or air cooled blast-furnace slag, or a
combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregates.
Water shall be clean and free from oils, acids, salts, or other injurious substances.
Admixtures shall be used to provide entrained air. Other admixtures shall be used only with
written approval of the Engineer. Air entraining admixtures shall conform to ASTM C 260.
Other admixtures shall conform to ASTM C 494. Calcium chloride will not be permitted.
TS-ll
Curing Materials shall be approved by the Engineer before use.
Reinforcing steel for concrete shall conform to ASTM A 615, Grade 40 or Grade 60 except as
otherwise noted on the drawings. Shop drawings are required.
Storage of Materials: Cement and aggregates shall be stored in such a manner as to prevent
deterioration or intrusion of foreign matter. Steel reinforcing shall be stored in such a manner as
to the protected from rusting, oil, grease, and distortion.
Mix: All concrete shall have a minimum 28-day compressive strength of 4,000 pounds per
square inch and a slump of 4 inches, unless otherwise indicated. All concrete shall be mixed in a
power operated batch mixer. The contents of the mixer shall be completely discharged before
each new batch is loaded. Ready mix concrete shall conform to ASTM C 94. The use of
retempered concrete will not be permitted.
Concrete for pipe encasement, blocking, and collars shall have a minimum strength of3,000 psi.
Forms: Walls, beams, elevated slabs, footings, piers, cradles, collars, encasement, blocking,
floors and other members shall be formed, where necessary, to accurately conform to the
appropriate shape, lines and dimensions. Wood forms shall be made from lumber of No.2
Common Grade or better. They shall be properly braced and tied so as to maintain their position
and shape, and shall be sufficiently tight to prevent leakage of grout.
Finish: Floor shall be wood float fInished except those normally exposed to view shall be
troweled. Walls shall be smooth, free from holes, pockets or honeycomb; fins shall be cut off;
depressions, holes, and rough spots shall be carefully pointed. Wall surfaces normally exposed to
view shall be rubbed.
.
Cylinders: Two cylinders per 50 yards of concrete and not less than two for each day's pour shall
be tested for 28-day strength.
PAYMENT:
Except as specifically stated in the following items, no separate payment will be made for work
covered by this section of the specifications and all costs in connection therewith shall be included
in the applicable lump sum or unit price items in the Bid.
SECTION T-7 - SANITARY SEWERS AND APPURTENANCES
SCOPE:
The work covered by this section of the specifications includes furnishing all plant, labor, supervision,
equipment and materials, and in performing all operations in connection with the installation of all
piping, fittings, and appurtenances as required for the proper connection and operation of the sanitary
sewer collection system in the strict compliance with this section of the specifications and the
applicable plans and subject to the terms and conditions of the Contract.
TS-12
SANITARY SEWER PIPE:
Pipe for sewers shall be furnished in accordance with the following requirements:
A. Quality and Inspection: Latitudes in workmanship and finish allowed by ASTM not
withstanding, all pipe shall have smooth exterior and interior surfaces; be first quality, be free
from cracks, blisters, and other imperfections, and be true to theoretical shapes and forms
throughout each length. Pipe shall be subject to inspection by the Engineer at the pipe plant,
trench, and other points of delivery for the purpose of culling and rejecting pipe, independent
oflaboratory tests, which does not conform to the requirement ofthis Section. Pipe which
does not conform will be so marked by the Engineer, and shall not be used in the work. On-
the-job repairing of rejected pipe will not be permitted.
B. Experience of Manufacturer: The pipe manufacturer shall submit evidence, if required by the
Engineer, of having consistently produced pipe and joints ofthe quality specified herein, and
which have exhibited satisfactory performance results in service over a period of not fewer
than two years. The pipe manufacturer and the pipe manufacturing process shall be subject
to approval by the Engineer.
C. Polyvinyl Chloride (PVC) Sewer Pipe and Fittings: Polyvinyl Chloride (PVC) Sewer Pipe
shall be bell and spigot pipe in lengths not exceeding 20 feet laying lengths and shall have
minimum all thickness confirming to ASTM D 3034 under the classification for SDR 35 pipe,
as amended to date.
Polyvinyl Chloride (PVC) sewer pipe fittings shall be bell and spigot or bell and Plain end and
shall conform to ASTM D 3034, as amended to date. Pipe should be solid wall type; rib pipe
is not allowed.
1. Markings: PVC pipe shall be marked at intervals of 5 feet or less with the following
information: Manufacturer's Name or Trade Mark, Plant code, Date of manufacture,
Nominal Pipe Size, PVC Cell classification, the legend "Type PSM DR 35 PVC
Sewer Pipe", and ASTM designation D 3034.
Fittings shall be marked with the following information, Manufacturer's Name or
Trade Mark, Nominal Size, Designation PVC and PSM and ASTM designation D
3034.
All markings shall remain legible during normal handling, storage and installation.
2. Certification: The Contractor shall furnish the Engineer with a written statement
from the manufacturer that all pipe and fittings furnished have been sampled, tested
and inspected in accordance with ASTM D 3034, as amended to date. Each
certification so furnished shall be signed by an authorized agent of the manufacturer.
3. Joints: All pipe shall have elastomeric joints with an integral belled gasket coupler.
Rubber gaskets shall comply with the physical requirements specified in the latest
revision of ASTM F 477, as amended to date. Joints shall meet the requirements
TS-13
specified in ASTM D 3212, as amended to date.
mON PIPE AND FITTINGS:
The Contractor shall furnish Iron Pipe and fittings as follows:
A. Ductile Iron Pipe: Pipe shall be centrifugally cast and shall conform to ANSI Specifications
A21.10, A21. 50 and A21. 51, as amended to date, with mechanical or push-on joins and laying
lengths of at least 18 feet. Ductile iron pipe shall be Class 350 for lines 16" and smaller, and
Class 300 for lines 18" - 24" in diameter. All ductile iron pipe shall be epoxy coated with
AWWA C-151.
B. Fittings: Fittings shall be cast from ductile iron and shall conform to ANSI Specification A
21.10 <A WW A C 110), as amended to date. All fittings shall have standard mechanical joints.
Fittings for size 3-inch thru 12-inch shall be Class 250 for Gray Iron and Class 350 for Ductile
Iron. Fittings for size 14-inch thru 48-inch shall be Class 250 for Ductile Iron.
C. Weights and Marking: Weights of pipe and fittings shall conform strictly to the requirements
of ANSI Specifications. The class designations for the various classes of pipe and fittings
shall be cast onto fittings in raised numerals, and cast or stamped on the outside of each joint
of pipe. Weights shall be plainly and conspicuously painted in white on the outside of each
joint of pipe and each fitting after the exterior coating has hardened.
D. Certification: The manufacturer of iron pipe and fittings shall furnish both the Engineer and
the Owner with certified reports stating that inspection and specified tests have been made
and that the results thereof comply with the applicable ANSI Specifications for each.
PRECAST CONCRETE MANHOLES
The Contractor shall furnish precast concrete manholes as follows:
A. Precast Concrete Manholes: Precast concrete manholes shall consist of precast reinforced
concrete riser sections, concentric top section and a base section conforming to Typical
Details shown on Detail Drawings. Precast manhole sections shall be manufactured in
accordance with ASTM C 478, as amended to date, and these specifications. Concrete shall
have a minimum compressive strength of 4,000 psi when tested in accordance with ASTM
C 39, as amended to date. Steel reinforcement shall be as specified in ASTM C 478, as
amended to date. Wall and bottom section shall have a minimum thickness offive inches (5").
1. Base Section: Base sections for precast concrete manholes shall have bottom poured
monolithically with the walls. Base sections shall be furnished with inside diameters
of 4, 5, and 6 feet as required. Base sections shall be furnished with a minimum
height of24 inches for pipes having a diameter of 8, 10, or 12 inches and a minimum
height of36 inches for pipes having a diameter of 15 or 18 inches. Minimum height
for 5 or 6 foot diameter base sections shall be 48 inches regardless of pipe size. Base
sections with 5 or 6 foot inside diameters shall be reduced to 4 foot inside diameter
by means of an adapter ring or transition top.
TS-14
The openings in the base section for the accommodation of the pipe shall be cast to
closely conform to job conditions and shall provide a minimum clearance of three
inches (3 ") between the inside bottom the base and outside bottom of the pipe barrel.
2. Riser Section: The riser sections shall be furnished in a minimum of six inch (6")
increments and shall be four feet (4') in diameter with, ( a) tongue and groove j oint to
be sealed with approved butyl rubber or bitumastic material, similar to ''Ram N ek" as
manufactured by K.T. Snyder Co., Inc. Or (b) O-Ring gasket type joint conforming
to ASTM C 443, as amended to date. The gasket joint shall be thoroughly cleaned
of all loose materials and brushed with an approved Epoxy to give a smooth surface
free of any honeycomb.
3. Alteration of Manholes: In the event that the manhole has to be altered after delivery
to job site the Contractor may, with permission of the Engineer, connect the pipe to
the manhole with a collar of mortar and brick. The opening between the pipe and
manhole shall have a minimum clearance of one inch (1 ") and shall be filled from the
inside of the manhole with a non-shrink grout.
4. Repaired and Patched Sections: Repaired and Patched sections will not be acceptable
unless each individual section so repaired and patched shall have first been inspected
and approved by the Engineer, for repair and patching at the manhole plant. Repairs
to and patching of O-Ring grooves and shoulders will not be permitted.
5. Absorption: Absorption shall not exceed 9 percent when determined in accordance
with ASTM C 497, as amended to date.
MANHOLE BRICK:
Brick for grade adjustment shall be whole hard burned common brick conforming to ASTM C 32
Grade MS, as amended to date. A maximum of 3 courses shall be used.
CONCRETE WORK:
Concrete of the respective classes for manhole bottoms, bedding, blocking, head walls, piers and
other miscellaneous structures shall be as called for in the work to which they pertain. All concrete
work will comply with the Georgia D.O.T. Standard Specifications, 1993.
REINFORCING STEEL AND MISCELLANEOUS METAL:
Reinforcing steel, structural steel, miscellaneous iron, and steel and iron castings shall conform to
these specifications and shall be as called for in the work to which they pertain. They shall comply
with Georgia D.O. T. Standard Specifications, 1993.
UNLOADING, HAULING, DISTRIBUTING, AND STORING PIPE AND RELATED
MA TERIALS:
The Contractor shall unload, haul, distribute and store pipe and related materials as follows:
TS-15
A. Unloading: Equipment and facilities for unloading, hauling, and distributing and storing
materials shall be furnished by the Contractor.
B. Handling: Pipe, fittings and other materials shall be carefully handled so as to prevent
breaking and/or damage.
C. Distributing: Materials shall be distributed and placed so as to least interfere with traffic. No
street or roadway may be closed without first obtaining permission of the proper authorities.
The Contractor shall furnish and maintain proper warning signs and obstruction lights for the
protection of traffic along highways, streets and roadways upon which material is distributed.
No distributed materials shall be placed in drainage ditches.
D. Storage: All pipe, fittings and other materials which cannot be distributed along the route of
the work shall be stored for subsequent use when needed. The Contractor shall make his own
arrangements for the use of storage areas.
1. Ductile Iron Pipe: Ductile iron pipe must be stockpiled on level ground. Timbers
must be placed under the pipe for a base and to prevent dirt and debris from washing
into the pipe.
2. PVC Pipe: PVC pipe must be stockpiled on level ground. If pipe is unloaded
individually by hand, timbers must be used under the pipe for a base, spaced the same
as factory load, with stop blocks nailed at either end.
If pipe is unloaded in units, the units must be placed on level ground and shall not be
stacked more than two (2) units high.
LOCATION AND GRADE:
The line and grade ofthe sewer, and the position of manholes and other structures shall be as shown
on the plans or as directed in writing by the Engineer. The price for trenching shall include the trench
for the depth below the grade line necessary to lay the sewer to this grade, but measurements for
payment will be made only to the grade line.
All lines and grades shall be laid out by the Contractor from the controlling lines and bench marks
established by the Engineer, or from measurements shown. All lines and grades shall be subject to
checking by the Engineer but that checking shall in no way relieve the Contractor from responsibility
for their correctness. The Contractor shall provide such stakes, materials, labor and assistance as the
Engineer may require in laying-out work, establishing bench marks and checking and measuring the
work.
ORDER OF WORK:
The Owner reserves the right to accept and use portions of the work when it is considered to be in
the public's interest to do so. The Owner shall have the authority to establish the order in which the
lines shall be worked.
TS-16
INSPECTION:
All work done and materials furnished shall be subject to inspection by the Engineer or his authorized
representative. Improper work shall be reconstructed and materials which do not conform to the
requirements of this Section shall be removed from the work upon notice being received from the
Engineer of the rejection of those materials. The Engineer shall have the right to mark rejected
materials and/or the Contractor shall segregate said materials to distinguish them as such.
ORGANIZATION OF WORK:
The Contractor shall so organize his work that backfilling and cleanup shall closely follow pipe laying
operations and manhole construction.
For work outside the streets and roadways, work shall be performed in such manner that not more
than five hundred (500') feet of trench shall remain open at anyone time.
Failure on the part of the Contractor to comply with the above provisions in a reasonable manner, in
the opinion of the Engineer, shall be sufficient cause for the Engineer to order a temporary shut-down
of further trenching and pipe laying operations until the provisions have been met.
REMOVING AND RESETTING FENCES:
At all locations where existing fences must be removed to permit construction of the sewer, the
Contractor shall remove the fences and, as the sewer construction progresses, reset the fences in their
original location and to their original condition. During construction, the Contractor shall provide
temporary fencing, or employ other safeguards, which will prevent livestock from wandering to other
property.
PROTECTION OF OTHER UTILITIES AND STRUCTURES:
Damage to existing utility lines, services, poles, and structures shall be repaired or replaced by the
Contractor at his own expense. The approximate positions of certain known underground lines may
be shown for information. A minimum clearance often feet (10') horizontal and eighteen inches (18")
vertical must be maintained between new sewer lines and existing water mains. Where the above
conditions cannot be met, water and sewer lines shall be ductile iron pipe with joints staggered such
that maximum separation between joints exists. The water line shall be installed over the sewer line,
where possible. Existing small lines are not shown. The Contractor shall locate existing small lines
and other possible existing unknown utility lines, with an electronic pipe finder and shall excavate and
expose all existing underground lines in advance of trenching operations. Removing and relaying of
water and/or sanitary sewer lines and appurtenances which constitute an obstruction to the completed
line and grade of the new work, in the opinion of the Engineer, will be made at the expense of the
Owner, unless otherwise shown on the Drawings to be altered by the Contractor. Removing and
relaying of lines and appurtenances other than those related to water and sewer shall be coordinated
with the appropriate utility company. Maintain a minimum offifteen (15) feet from buildings and tops
of banks of lakes/streams and creeks.
TS-17
PROTECTING TREES, SHRUBBERY, AND LAWNS:
Trees and shrubbery along trench lines crossing developed private property shall not be disturbed
unless absolutely necessary, subject to approval by the Engineer. Trees and shrubbery to be removed
shall be properly heeled-in and replanted. Heeling-in and replanting shall be done under the direction
of an experienced nurseryman. Care shall be exercised to protect the roots of trees to be left standing.
Within the branch spread of the tree, trench shall be opened only when the work can be installed
immediately. Injured roots shall be pruned cleanly and backfill placed as soon as possible.
Where sewer trenches cross private property through established lawns, sod shall be cut, removed,
stacked and maintained in suitable condition until replacement is approved by the Engineer. Topsoil
underlying lawn areas shall likewise be removed and kept separate from general excavated materials
and will be replaced at the surface of the trench in back filling. In lieu of removing and replacing sod,
the Contractor may, if approved by the Engineer, regrass lawns by seeding or sprigging with grass
of the same type as the established lawn.
BEDDING OF PVC AND DUCTILE IRON PIPE:
All pipe shall be laid on foundations prepared in accordance with the following specifications.
A. PVC Pipe: PVC pipe shall be laid as specified using the following classes of bedding
required for the various type soils and conditions encountered. Bedding for PVC pipe shall
be in accordance with ASTM D 2321, as amended to date, the manufacturers
recommendations and these specifications.
1. Bedding Material: Class I Materials shall be used for bedding and haunching in all
conditions. Class II, Class III, Class IV, and Class V materials will not be permitted
for bedding and haunching under any condition.
2. Depth of Bedding: Trench shall be undercut to allow for a minimum of six inches (6")
of bedding material. Bell holes shall be excavated in the bedding material to allow for
unobstructed assembly of the joint but care shall be taken to assure that bell hole is
no larger than necessary to accomplish proper joint assembly. After joint assembly,
material shall be placed under and around the entire length of pipe and compacted.
Compaction up to one-half the outside diameter of the pipe and the full width of the
ditch shall be of the same material used in the bedding. Backfilling shall then be
carried to a point six inches (6") above the top of pipe, using hand tools for tamping.
If the remaining backfill material contains large particles which could damage the pipe
from impact during placement the initial backfill shall be increased to twelve inches
(12") above the top of the pipe. Puddling will not be allowed as a method of
compaction. The remaining backfill shall be as specified in "Selected Backfill" and
"General Backfill" paragraphs of these specifications. Pipe shall have at least thirty
six inches (36") of cover before wheel loading and at least forty eight inches (48 ") of
cover before using heavy duty tamping equipment such as a hydro hammer.
3. Definition of Bedding Material: Class I, II, III, IV, and V materials are defined as
follows:
TS-18
Class I - Angular 1/4 to 3/4 inches graded stone. Latest revision of ASTM C 33 -
Gradation #67 (ASTM #67) or #57 (ASTM #57) are acceptable.
Class II - Course sands and gravels with maximum particle size of 3/4 inches including
variously graded sands and gravels containing small percentages of fines, generally
granular and non-cohesive, either wet or dry.
Class III - Fine sand and clayey (clay filled) gravels, including fine sands, sand-clay
mixtures and gravel-clay mixtures.
Class IV - Silt, silty clays and clays, including inorganic clays and silts of medium to
high plasticity and liquid limits.
Class V - This class includes organic soils as well as soils containing frozen earth,
debris, rocks larger than 1-1/2 inches in diameter, and other foreign materials.
C. Bedding of Ductile Iron Pipe: Ductile iron pipe for gravity sewers shall be laid as specified
using the following type of bedding required for the depth of cover for the various sizes of
pipe to be installed.
1. "Flat bottom trench on undisturbed earth. Backfill shall be as specified in the "Selected
Backfilling" and "General Backfilling" paragraphs.
2. Pipe bedded in 4-inches of select materials (may be excavated material if free from
rocks, foreign material and frozen earth). Backfill shall be as specified in the
"Selected Backfilling" and "General Backfilling" paragraphs.
D. Payment: No extra payment will be made for bedding, the cost therefore to be included in
the prices bid for sewers.
TRENCH WIDTHS:
Trench widths and depths (where applicable) for PVC pipe.
A. PVC Pipe: The maximum trench widths and depths with the various classes of bedding and
required conditions shall be as follows:
1. Trench Width: The maximum clear trench width at the top of the pipe shall not
exceed a width equal to the normal pipe diameter plus eighteen inches (18"). If this
width is exceeded or the pipe is installed in a compacted embankment, pipe
embedment shall be compacted to a point at least 2.5 pipe diameters from the pipe on
both sides of the pipe or to the trench walls, whichever is less.
TS-19
2. Trench Depths:
Pipe Sizes 6-Inch to 21-Inch, Inclusive
Class of
Bedding
I
% of Proctor
Density Range
95
Maximum Height
of Cover
30
3. Compaction: If the proper compaction cannot be obtained with materials from trench
excavation, the Contractor will be required to obtain them elsewhere.
LAYING GRAVITY SEWER PIPE:
All sewer pipe shall be laid upgrade, spigots shall point downgrade. The pipe shall be laid in the
trench so that, after the sewer is completed, the invert surface shall conform accurately to the grades
and alignment fixed or given by the Engineer. The interior of all pipes shall be carefully freed of all
dirt and superfluous material of every description, as pipe laying proceeds. Defective joints
discovered after laying shall be repaired and made tight. Defective pipe shall be removed and proper
replacement made.
A. PVC Pipe with Elastomeric Joints: Proper implements, tools and equipment shall be used for
placement of the pipe in the trench to prevent damage. Under no circumstances may the pipe
be dropped into the trench. In subfreezing temperatures, caution shall be exercised in
handling pipe to prevent impact damage. All pipe shall be carefully examined for cracks,
blisters, nicks, gouges, severe scratches, voids, inclusions, and other defects before laying.
If any pipe is discovered to be defective after having being laid, it shall be removed and
replaced with sound material at the expense of the Contractor.
1. Assembly of Gasketed Joint: The assembly ofthe gasketed joint shall be performed
as recommended by the pipe manufacturer. The elastomeric gaskets may be supplied
separately in cartons or pre-positioned in the bell joint or coupling at the factory.
When gaskets are color-coded, the Contractor shall consult the pipe manufacturer or
his literature for the significance. In all cases, the gasket, the bell or coupling interior,
especially the groove area (except when the gasket is permanently installed) and the
spigot area shall be cleaned with a rag, brush, paper towel to remove any dirt or
foreign material before the assembling. The gasket pipe spigot bevel, gasket groove,
and sealing surfaces shall be inspected for damage of deformation. When gaskets are
separate, only gaskets which are designed for and supplied with the pipe shall be used.
They shall be inserted as recommended by the manufacturer.
Lubricant used shall be supplied by the pipe manufacturer and shall be applied as
specified by the pipe manufacturer.
2. Lubrication: After lubrication, the pipe is ready to be joined. Good alignment of the
pipe is essential for ease of assembly. Align the spigot to the bell and insert the spigot
into the bell until it contacts the gasket uniformly. Do not swing or "stab" the joint,
that is, do not suspend the pipe and swing it into the bell. The spigot end of the pipe
TS-20
is marked by the manufacturer to indicate the proper depth of insertion.
Ifundue resistance to insertion ofthe pipe end is encountered, or the reference mark
does not position properly, the joint shall be assembled and the position of the gasket
checked. If it is twisted or pushed out of its seat ("fishmouthed"), the Contractor
shall inspect components, and repeat the assembly steps. Both pipe lengths must be
concentric alignments. If the gasket was not out of position, the Contractor shall
verify proper location of the reference mark. The reference mark shall be relocated
if it is out of position.
3. Field Cut: Field cut pipe to be joined shall be square cut using a hacksaw, handsaw
or power saw with a steel blade or abrasive disc. The pipe shall be marked around its
entire circumference prior to cutting to assure a square cut. A factory-finished
beveled end shall be used as a guide for proper bevel angle, and depth of bevel plus
the distance to the insertion reference mark. The end may be beveled using a pipe
beveling tool or a wood rasp which will cut the correct taper. A portable sander or
abrasive disc may be used to bevel the pipe end. Any sharp edged on the leading edge
of the bevel must be rounded off with a pocket knife or a file.
4. Deflection Testing: The maximum deflection in the installed PVC pipeline shall not
exceed 5% of the pipes original internal diameter. Deflection testing will be required
using either a defectometer or a "GO-NO-GO" mandrel. The Engineer shall randomly
select portions of the project to be deflection tested. Such portions shall consist of
not less than 5% of the total reaches (Reach being lengths of pipe between two
manholes) in the project (excluding house leads).
Where deflection is found to be excess of 5% of the original pipe diameter, the
Contractor shall excavate to the point of excess deflection and carefully compact
around the point where excess deflection was found. The line shall then be retested
for deflection. However, should after the initial testing the deflected pipe fail to
return to the original size (inside diameter) the line shall be replaced.
In the event that deflection occurs beyond the 5% limit in any section or it 5% or
more of the reaches test, the entire system shall be tested.
B. Ductile Iron Pipe with Mechanical or Push-On Joints: Proper and suitable tools and
equipment shall be used for the safe and convenient handling and laying of ductile iron pipe.
Care shall be taken to prevent damage to the exterior coating and interior cement lining. All
pipe shall be carefully examined for cracks and other defects before laying. If any pipe or
fitting is discovered to be defective after having being laid, it shall be removed and replaced
with sound material at the expense of the Contractor. Whenever pipe is required to be cut,
the cutting shall be done by skilled workmen using an abrasive wheel cutter. Use of a cold
chisel or oxyacetylene torch will not be permitted.
1. Mechanical Jointing: Mechanical joints shall be made only by experienced mechanics.
Sockets and spigots shall be washed with soapy water before slipping gland and
gasket over the spigot end ofthe pipe.
TS-21
The spigot shall be inserted in the socket full depth, then backed off 1/4 inch to
provide clearance for expansion. The gasket shall be brushed with soapy water and
shall be pushed into position, making sure the gasket is evenly seated in the socket.
The gland shall then be moved into position for compressing the gasket. All bolts and
nuts shall be made "finger-tight"
For joints made in trenches, the bolts shall be tightened to a uniform tightness, using
a torque wrench for tightening. Bolts shall be tightened alternately 180 degrees apart.
2. "Push-On" Type Joints: The groove and bell socket shall be thoroughly cleaned and
lubricated before the gasket is inserted. Before inserting the gasket, it shall be
thoroughly lubricated and manufacturers instructions shall be followed for proper
facing and seating of gasket. After the gasket is in place and just prior to joint
assembly, a generous coating of lubricant shall be applied to the exposed gasket
surface. The lubricant used shall be a lubricant supplied by the pipe manufacturer.
The plain end shall be inspected and any sharp edges which might damage the gasket
shall be removed by means of a file or a power grinder. Pipe that is cut in the field
must be ground and beveled before assembly. Prior to inserting the plain end of the
pipe into the bell socket lubricant shall be applied to the beveled nose of the pipe.
Small pipe may be pushed home with a long bar but large pipe will require additional
power such as a jack, lever or backhoe. A timber header shall be used between the
bell and bar or other power to avoid damage to the pipe.
During assembly of the pipe, the joint must be kept straight while pushing. Pipe may
be deflected if desired but only after the assembly is complete.
3. Mechanical Joint or Push-On Joint Pipe on Piers: Mechanical or Push On Joint pipe
may be used on piers in gravity sewer lines. Pipes shall be laid with 1/4 inch clearance
in each joint to provide for expansion. Jointing of pipe shall be as described aboye.
On mechanical joint pipe, the bolts shall be tightened alternately 180 degrees apart,
but be left "finger-tight" until the sewage is diverted into the sewers; then the bolts
shall be further tightened a sufficient amount which will prevent slippage which may
occur because of temperature stress.
BORING AND JACKING
Where required by the drawings, the sanitary sewer line will be installed in a steel casing, placed by
boring and jacking.
Where boring is required under highways, the materials and workmanship will be in accordance with
the standards ofthe State Highway Department or local authority.
Boring and jacking under railroads will be governed by the latest AR.E.A Standards, Part 5,
''Pipelines'' and those of the railroad involved.
TS-22
A. Casing Pipe: The casing pipe shall conform to the materials standards of ASTM Designation
A252, with minimum wall thickness of 0.219 inch. Steel pipe will have a minimum yield
strength of 35,000 psi. Casing pipe shall be joined together with welded joints.
B. Carrier Pipe: The carrier pipe shall be ductile iron as specified herein.
C. Installation: The steel casing shall be installed by the ''Dry Bore and Jack" method. Ifvoids
develop or if the bored hole diameter is greater than the outside diameter of pipe by more than
approximately 1 inch, remedial measures will be taken as approved by the Engineer.
When installing water lines through casing, the Contractor shall mechanical joint pipe with retainer
glands throughout the length of the casing. The sanitary sewer line shall be strapped to treated
wooden skids with metal straps throughout the length of the casing. The empty space shall then be
filled with sand and the ends of the casing shall be sealed with brick and mortar.
PLACING PRECAST CONCRETE MANHOLES OR CONSTRUCTING BRICK
MANHOLES: .
Precast concrete manholes, brick manholes, or a combination or precast concrete and brick manholes
shall be placed or constructed where shown and/or directed by the Engineer. Manholes shall be 4,
5, and 6 feet in diameter as determined from the schedule of pipe sizes and line deflections, or as
shown.
The top of manholes outside of roads, streets, highways, and Augusta right-of-ways shall be built to
minimum grades of 2 feet (2') above ground surface unless otherwise shown on the Drawings.
Manholes in roads, etc. shall be built to grade designated by the Engineer. Vented manholes shall be
constructed to elevations as shown on the Drawings. Brick manholes shall not be used within the
rights-of-way of county roads.
Manholes shall be placed and/or constructed as follows:
A. Precast Concrete Manholes: Precast concrete manholes shall be bedded on not less than six
inches (6") of compacted crushed stone at Contractor's expense. The crushed stone shall
extend to not less than six inches (6") outside the walls of the manhole, and shall be
compacted under entire length of pipe within manhole excavation.
1. Connection of Pipe to Manholes: Connections of pipe to manhole for 4-inch through
15-inch pipe shall be made with a flexible joint system. The joint system shall be a
neoprene or synthetic rubber boot or sleeve, either cast or core drilled into the wall
of manhole. The boot or sleeve shall be clamped and seated to the pipe with a
stainless steel band. The boot or sleeve system shall be "Lock Joint Flexible Manhole
Sleeves" as manufactured by Interpace Corporation, Parsippany, New Jersey, or.
''KOR-N-Seal'' as manufactured by National Pollution Control Systems, Inc., Nashua,
New Hampshire or equal. Connections of pipe to manhole shall have a minimum
clearance of one inch (1 ") and shall be filled from the inside ofthe manhole with a
Non-shrink grout.
TS-23
2. Adjustment: The top of the concentric top section shall have a minimum wall
thickness of eight inches (8 ") to accommodate brick courses for height adjustment.
A maximum of three (3) brick courses will be allowed for adjustment of manhole to
required grade.
B. Drop Connections: Drop connections will be required, where called for on the Drawings, or
as determined by the dimensions shown in "Drop Manhole Schedule", shown on the
Drawings. Drop pipe shall not be smaller than 8 inches. Generally drop pipe shall be one size
smaller than the sewer which they serve. Openings in walls of precast concrete manholes for
drop connections shall not be made at joints. Drop connection fittings and riser pipe shall be
encased in brick and mortar or formed Class "c" concrete. Drop connections for both brick
and precast concrete manholes shall conform with typical details as shown on the Drawings.
Drop connections shall be carefully backfilled to prevent dangerous side pressure.
C. Manhole Inverts: Manhole inverts shall be carefully constructed with cement grout, Class
"B" concrete, or cement mortar brickwork; special care shall be taken to lay the channel and
adjacent pipes to grade. Cement mortar shall be made of one (1) part cement and two (2)
parts clean sharp sand. Channels shall be properly formed, rounded, and troweled smooth.
The connections of the sewer with the wall and channel of the manhole shall be tight and
smooth.
D. Manhole Steps: Manhole steps shall conform to the details shown. Steps for brick manholes
shall be installed along a vertical centerline, on approximately 15 II centers. Steps shall be
firmly and securely built into manhole walls as brickwork proceeds. Steps for precast
concrete manholes shall be installed along a vertical centerline, on approximately 14" to 16"
centers.
E. Future Sewer Connections: Where shown, a twelve inch (12") long pipe stub for future
sewers, of such size as any be designated, shall be laid to proper grade and alignment and
plugged with a factory plug with same type joint as used on the sewer pipe.
F. Manhole Frames and Covers: Manhole frames and covers shall be as detailed and shown on
the Drawings and as called for in the proposal and shall include setting to finished grade as
required, and grouting in place.
CONNECTIONS TO EXISTING SEWERS:
At locations where new sewers are shown to be connected to existing sewers at a new manhole, the
Contractor shall first expose the existing sewer and install a supporting timber beam with suitable
straps around the pipe so as to bridge the excavation for the new manhole. The manhole shall then
be constructed complete with invert and frame and cover. Under special conditions, the Contractor
may temporarily block and/or divert sewer flows to facilitate the construction operations. Actual
physical connection of the sewer will be made at a later date, as directed.
HIGnw A Y CROSSING:
The Contractor shall install pipe lines across highways in accordance with the applicable regulations
TS-24
of the State Highway Department and as shown on the Drawings.
CONCRETE PIERS:
Concrete piers for ductile iron pipe shall be constructed of Class "A" concrete, and shall be
constructed as shown on the Standard Detail Drawing. If rock is encountered, piers supporting pipe
lines across streams shall be anchored into the rock, as shown on the Detail Drawings, so as not to
resist overturning during periods of flood stages in the stream. Holes not smaller than two and one-
halfinches (2 WI) in diameter by two feet (21) deep shall be drilled into the rock after excavation for
the footing is complete; No.6 reinforcing bars shall be embedded in grout made with high-early
strength cement poured into the holes. In wet holes, grout shall be deposited with a tremie. Straight
bars shall be used, and shall be bent over for anchorage after the concrete has attained its full strength.
Where unusually poor soil conditions are encountered, the Engineer may direct that spread footings
of concrete be constructed, or that pin piles be driven for support of piers.
CLOSING PIPE:
When the work of pipe-laying is suspended for the night, and at other times, the end of the sewer shall
be closed with a tight cover. The Contractor shall be responsible for keeping the sewer free from
obstruction.
TESTING AND CLEANING:
Before acceptance of any sewer or systems of sewers, lines shall be cleaned and tested in accordance
with these Specifications. Where any obstruction is met, the Contractor will be required to clean the
sewers by means of rods, swabs, or other instruments. Lines and manholes shall be clean before final
inspection. Pipe lines shall be straight and show a uniform grade between manholes. The
Contractor shall be required to correct any variations therefrom which may be disclosed during the
inspection. New Sewer Lines shall be inspected through use of camera inspection equipment with
an Augusta Utilities Department Inspector at time of installation and again before the one-year
warranty expires. The Contractor shall vacuum test all manholes per ADD specifications and low
pressure test all sewer pipe lines per AUD specifications. Neither manholes nor sewer pipe will be
paid for until the required tests have been passed.
LEAKAGE TESTS:
All sewer lines, including in-house service lines, shall be tested for leakage, in the presence of the
engineer or his representative, before being placed into service. These shall be conducted by one or
a combination of the following three methods:
A Infiltration Test: Where natural ground water levels stand a minimum of two feet (2') above
the top of the pipe, the amount of leakage may be determined from measurements made at
the lower end of the sewer section under test. Sewers above the test section shall be closed
before testing by the installation of suitable watertight bulkheads. The length of the test
section shall be determined by the Engineer. The average of six readings at five minute
intervals will be used to determine the rate of infiltration for anyone test section.
TS-25
The rate of infiltration of ground water into any test section of sewer, including manholes,
shall not exceed the following:
Size of Sewer
8"
10"
12"
15"
18"
21"
24"
30"
Gallons Per 24 Hours
Per Foot of Sewer
0.30
0.38
0.45
0.57
0.68
0.80
0.91
1.14
B. Exfiltration Test: Where natural ground water levels do not stand two feet (2') above the top
of the pipe, an exfiltration test shall be conducted on each section of the sewer. The test shall
be performed up to an average maximum hydrostatic head often feet (10'). The test shall be
conducted in the following manner.
The ends of the pipe in the test section shall be closed with suitable watertight bulkheads.
Inserted into each bulkhead at the top of the sewer pipe shall be a 2-inch pipe nipple with an
elbow. At the upper end of the test section a riser pipe shall be installed. The test section of
the pipe shall be filled through the pipe connection in the lower bulkhead which shall be fitted
with a tight valve, until all air is exhausted and until water overflows the riser pipe at the
upper end. Water may be introduced into the pipe twenty-four (2) hours prior to the test
period to allow complete saturation. House service lines, if installed, shall also be fitted with
suitable bulkheads having provisions for the release of air while the test section is being filled
with water.
During the test period, which shall extend over a period of thirty (30) minutes, water shall be
introduced into the riser pipe from measured containers at such intervals as are necessary to
maintain the water level at the top of the riser pipe. The total volume of water added during
the thirty (30) minute test period shall not exceed that shown for infiltration in (a) above.
C. Low Pressure Air Test: Where sewer grades are such that preclude performance of the
exfiltration test or at the Contractor's option, a low-pressure air test shall be conducted on
each section of sewer after completion and before acceptance.
Prior to air testing, the section of sewer between manholes shall be thoroughly cleaned and
wetted. Immediately after cleaning or while the pipe is water soaked, the sewer shall be
tested with low pressure air. At the Contractor's option, sewers may be tested in lengths
between manholes or in short sections (25 ft. or less) using Air-Lock balls pulled through the
line from manhole to manhole. Air shall be slowly supplied to the plugged sewer section until
internal air pressure reaches approximately 4.0 psi. After this pressure is reached and the
pressure allowed to stabilize (approximately 2 to 5 minutes), the pressure may be reduced to
3.6 psi before staring the tests. If a 1.0 psi drop does not occur within the test time, then the
line has passed the test. If the pressure drops more than 1.0 psi during the test time, the line
TS-26
is presumed to have failed the test and the Contractor will be required to locate the failure,
make necessary repairs, and retest the line. Minimum test time for various pipe sizes, in
accordance with ASTM C 828, as amended to date, is as follows:
Nominal
Pipe Size
(Inches)
8
10
12
15
18
24
30
T(time)
Min/lOO
Feet
1.2
1.5
1.8
2.1
2.4
3.6
4.8
Required test equipment include Air-Lock balls, braces, air hose, air source, timer, rotometer
as applicable, cut-off valves, pressure reducing valve, 0-15 pressure gauge, 0-5 pressure
gauge with gradations in 0.1 psi and accuracy of :i::2%.
The Contractor shall keep record of all tests made. Copy of such records will be given to the
Engineer or the Owner. Such records shall show date, line number and stations, operator and
such other pertinent information as required by the Engineer.
The Contractor is cautioned to observe proper safety precautions in performance of the air
testing. It is imperative that plugs be properly secured and that care be exercised in their
removal. Every precaution shall be taken to avoid the possibility of over pressurizing the
sewer line.
D. Repairs: All visible leaks shall be repaired regardless of whether infiltration, exfiltration or air
test is within allowable limits. No sewer will be accepted until leakage tests demonstrate
compliance with one of the above leakage test methods.
CLEANING UP:
Before the work is considered complete, all material not used, and rubbish of every character must
be removed from the project. All streets, sidewalks, curbs, fences, and other private or public
facilities and structures disturbed must be in essentially as good condition as existed before the work
was done. Any subsequent settlement of backfill or pavement over trenches shall be replaced by the
Contractor and the surfaces brought to grade.
ACCEPTANCE OF WORK:
Sewer lines and appurtenances will not be considered ready for acceptance until all provisions of the
Specifications have been complied with, until all tests have been satisfactorily completed, and until
inspection of the work has been made. Sewage flows shall not be diverted into new sewers until after
such time as final inspection of the lines has been made by the Engineer, and permission grated
therefor.
TS-27
PAYMENT:
All items included in these Specifications shall be paid for at the unit prices shown in the bid form.
No separate payment will be made for items not shown.
SECTION T-S - GRASSING
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.
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 turfbefore 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 ofleast six (6) inches by plowing, disking, harrowing, or other approved methods
until the tillage is acceptable as suitable for seeding. During tillage operations, the surface shall be
cleared of all roots, cable, wire, or other waste material which might hinder final grading, planting,
or subsequent maintenance operations. Any operations ofthe Contractor, shall be smoothed out
before seeding operations are begun.
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 hydro seeding procedure as described below:
Immediately following, or simultaneous with, the incorporation of fertilizer, lime shall be distributed
at the rate of2,000 pounds per acre and shall be incorporated into the soil to a depth of at least three
inches by disking, harrowing, or other acceptable methods. The incorporation oflime 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 product,
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 the option of the Contractor. The time of application shall
be limited to the season of June through August.
TS-28
SEEDING:
Permanent grass cover will consist of Common Bermuda seeded in 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.
Ifseeding 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.
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 hand methods, to reduce air pockets to a minimum. The completed planted areas shall be left with
a firm, even surface, free from abrupt humps and hollows, and to the established grade.
MULCHING:
All areas planted to permanent grass shall be uniformly mulched with hay or straw at the rate of 1 1f2
tons per acre, except where hydroseeding is employed using cellulose mulch mixed with the seed and
fertilizer.
ACCEPTANCE:
Grassed areas will be accepted when a 95 percent cover by permanent grasses is obtained and weeds
are not dominant.
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.
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 for all materials, labor
and equipment required to establish the required permanent stand of grass.
TS-29
MAY-15-2006 16:55
ARC PURCHASING
P.l1/19
':
REVISED MARCH 19, 2004
AUGUSTA UTILITIES DEPARTMENT
SANITARY SEWER PROJECT - MEASUREMENT AND PAYMENT
SANITARY SEWER
ITEMS S-lA through 8-161 - All piping line items shall be measured in linear feet and shall
include costs for piping and installation, trench excavation, trench box, dewatering, asphalt
cutting, ngrmal joints and gaskets, normal backfill, infiltration and exfiltration testing,
mandrel pulling, and CCTV camera inspection as required. Camera inspection shall include
all costs for closed circuit camera inspection of the sanitary sewer system,. including
mobilization, demobilization, inspection, video tape copies, and field reports. No additional
payment shall be made for these items.
ITEM 8-17 - Jack and bore line items shall be measured in linear feet and shall include costs
for casing piping, carrier piping, installation- blasting, asphalt cutting, restrained joints and
gaskets, end seals, and normal backfill No additional payment shall be made for these
items.
ITEM 8-18 - Select backfill shall be measured in cubic yards for both Types I and II and shall
include costs for the backfill and installation as well as all transportation and stockpiling
charges. The volume of material included shall be the actual measured "in-place" volum.e.
The standard trench width used to calculate the volume will be 7 feet. No additional
payment shall be made for these items.
IT~M S..19 .. Miscellaneous pipe fittings and connections shall be measured in pounds and
include COSlts for all fittings and installation except normal joints and gaskets regardless of
material. No additional payment shall be made for these items.
ITEMS ~-20.h throv,W S~20F and 5-23 - Pre-cast manholes shall be measured individually
(each) and. shall include costs [or manholes, excavation, dewatering; asphalt cuttingl collars
and boots, grouting and/ or other connections, installation, normal backfill; and vacuum
testing as specified. Manhole vacuum testing shall include all costs for testing equipment,
testing labot; mobilization, demobilization, and reporting. Manholes failing testing shall be
re-tested at Contractor's expense. Repairs to failing manholes shall be made external to the
manhole utilizing a method approved by the Augusta Utilities Department. No additional
payment shall be made for these items.
ITEMS S-21A through S-21F, S.22A through S-22F, 8-24 through 8-25 - Additional sanitary
manhole depth line iteIl\S shall be measured by vertical foot and shall include costs for
excavation, dewatering, and backfill as specified by type and class. No additional payment
shall be made for these items.
SAN SEWER MEASURE PMT Od 03 19
1 OF 4
MAY-15-2006 16:55
ARC PURCHASING
P.12/19
REVISED MARCH 19, 2004
ITEMS 5-26A through S-26F - Sanitary sewer exterior manhole joint wrapping shall be
measured individually and shall include the costs for wrapping material and installation.
No additional payment shall be made for these items.
ITEMS 8.27 A through S-27F - Sanitary sewer interior protective coating shall be measured
by the vertical foot of manhole and shall include the costs for coating material and
installation. No additional payment shall be made for these items.
ITEM 8-28 - Outside drop piping shall be measured individually (each) and shall include
the costs for all items associated with the drop manhole detail, exclusive of the manhole Or
manhole extensions. No additional payment shall be made for these items.
ITEM 5-29 - Dog housel cormector manholes shall be measured individually (each) and
shall include the costs for excavation, dewatering, asphalt cutting, pipe cutting, collars and
boots, grouting and I or other connections, installation, and normal backfill. The costs for
the base section, first riser, cone section, and ring and cover shall be included within this
line item. Additional depth manhole sections shall be included within the appropriate
manhole line item. No additional payment shall be made for these items.
ITEM 5-30 - Sanitary sewer connections shall be measured individually (each) and shall
include costs for 6-inch PVC piping, precast concrete valve ring with rebar, PVC twist-off
plug, mainline tee, fitting, c1eanout, excavation, dewatering, asphalt! concrete cutting
(including service markings), installation, normal backfill, and property restoration. No
additional payment shall be made for these items.
ITEM 5-31- Cut and plug sewers shall be measured individually (each) and shall include
costs for cutting of existing pipelines, plugging of existing pipelines, excavation,
dewatering, asphaltj concrete cutting, and normal backfill. No additional payment shall be
made for these items.
ITEM 5-32 - Cut and plug manholes shall be measured indi....idually (each) and shall include
costs for cutting of existing manholes, plugging of existing manholes, excavation,
dewatering, asphaltl concrete cutting, and normal backfill. No additional payment shall be
made for these items. .
ITEM S.3~ Sanitary sewer manhole tie-ins shall be measured individually (each) and shall
include costs for cutting/ coring of existing manholes, collars, rubber boots, any required
gaskets, excavation/ dewatering, soil stabilization, asphalt cutting, and normal backfill. No
additional payment shall be made for these items.
ITEM 5-34 - AC water main crossings shall be measured individually (each) and shall
include costs for AC pipe cutting, excavation, ductile iIOn piping, sleeves, backfilt and
property restoration. No additional payment shall be made for these items.
ItEM 8-35 - Ductile iron pipe polyethylene pipe encasement shall be measured in linear
feet and shall include coste for pipe wrap materials and installation. No additional payment
shall be made for these items.
ITEM S~36 - Concrete pipe encasement shall be measured in cubic yards and shall include
costs for concrete, installation, excavation" dewatering, soil stabilization, pipe stabilization,
asphalt cutting, and normal backfill. No additional payment shall be made for these items.
S,lN SEWER MEASURE F'MY 04 OJ 19
20F4
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ARC PURCHASING
P.13/19
REVISEO MARCH 19.2004
PAVEMENT STRUCTURES
ITEM P.l- Asphalt overlay shall be measured in square yards and shall include costs for
asphalt materials and installation, temporary striping and permanent striping (replaced in
kind), and markers (both temporary and permanent). No additional payment shall be made
for these items.
ITEM P-2 - Aggregate base (10 Vi' thick) and asphalt patch (2 W' thick) shall be measured in.
square yards and shall include costs for all aggregates (regardless of type), 21J2 " graded
aggregate base removal and disposal, bituminous tack coat, asphalt, installation, excavation,
striping (both temporary and permanent), and markers (both temporary and permanent).
The square yardage calculation shall be based upon a standard width of seven (7) feet for
payment purposes. No additional payment shall be made for these items.
ITEM P-3 - Asphalt pavement leveling shall be measured in tons and shall include costs for
all asphalt (regardless of type) used to create a level toad surface prior to asphalt overlay as
authorized by the project representative. The payment shall be based upon confirmed
delivery tickets. No additional payment shall be made for these items.
ITEM P-4. Milling shall be measured in square yards and shall include all materials, labor,
equipment, and material removal and disposal costs. No additional payment shall be made
for these items.
ITEMS P~5 through P-6. Concrete sidewalk and driveways shall be measured in square
yards and shall include costs for 3000 psi concrete, installation, site preparation, formwork,
and finishing. Existing concrete shall be removed to the nearest joint as directed by the
project representative. Payment shall included all removal and disposal costs. No
additional payment shall be made for these items.
ITEl\'t.?~7 ... A6phalt driveway replacement shall be measured in square yards and shall
include costs for asphalt, installation, and site preparation, including necessary subgrade
preparation, base removal, and base installation. Existing asphalt shall be removed to the
nearest joint as directed by the project representative. No additional payment shall be made
for these items.
ITEl\4 P..8 - Cu.rb and/ or gutter placement shall be measured in linear feet and shall include
costs for concrete, installa.tion, site preparation, formwork, and finishing. Payment shall
induded all removal and disposal costs. No additional payment shall be made for these
items.
U'.E~ X>~9 ~ Curb and gutter removal and replacement shall be measured in linear feet and
shall include costs for removal and disposal of existing concrete curb and gutter, concrete,
installation, site preparation, formwork, and finishing. Payment shall included all removal
and disposal costs. No additional payment shall be made for these items.
MISCELLANEOUS
ITEM M-l- Flowable fill shall be measured in cubic yards and shall include costs for all
materials, labor, equipment, and excess materials. No additional payment shall be made for
these items.
SAN SEWI;R MEASURE PMT 04 03 19
3 OF 4
MAY-15-2006 16:55
ARC PURCHASING
P.14/19
REVISED MARCH 19, 2004
ITEM M.2 - Rock excavation shall be measured in cubic yards and shall include costs for
blasting, labor, equipment, and material removal and disposal. No additional payment shall
be made for these items.
ITEM M-3 - Foundation backfill shall be measured in cubic yards and shall include costs for
the backfill and installation as well as all transportation and stockpiling charges. Quantities
shall be verified by trench volume calculation. No additional payment shall be made for
these items.
ITEM M-4 - Clearing and grubbing shall be measured in acres and shall include costs for
vegetation removal, stockpiling, disposal and any required permitting. No additional
payment shall be made for these items.
ITEM M.5 - Fence removal and replacement shall be measured in linear feet and shall
include all costs associated with removal and replacement of the existing fence with new
materials of like quality as necessary for sanitary sewer installation. No additional payment
shall be made for these items.
LUMP SUM CONSTRUCTION
ITEM LS-l - Lump sum construction includes, but is not limited tOI the items described in
the bid schedule. No separate or additional payment shall be made for these items.
SAN seWER MEASURE PMT 0403 19
4 OF 4
o
y-
SECTION P
PROPOSAL
--;
Date:
/?7'&4- Y
I
23 . 2-00,"=
/
.4 )-.
Gentlemen:
,. .
. In compliance with yOl~ invitation for bid~ dated. 51z, IoCR , the undersigned
hereby proposes to furnish a111abor, equipment, and materials, (and io perform all work for the
installation of sewer lines, and appurtenances referred to herein as:
Fairington Subdivision - Sanitary Sewer Extension
Project: 50200
in strict accordance with the Contract Documents d in consideration of the amounts shown on the
Bid Schedule attached hereto and totaling: t & B 4--0 Z) C> . ~
,. ~l<:. /1?11//~'1 ~~rl-I/_d--cI ~7 -rh~rc.: . -r~o 1I...,~d~ ~~~ i ~ I~~
The undersIgned hereby agrees fu?-t, upon wntten acceptance of this bId, he will WIthin 10
days Sf receipt of such notice execute a formal contract agreement with the OWNER, and that he
willtprovide the bond or guarantees required by the Contract Documents.
The undersigned further agrees that, if awarded the contract, he will commence the work
within .J..Q.. calendar days after the date of written notice to proceed, and that he will complete the
. work within 240 working days after the date of such notice. ~;; ~I.-
;</0. I c:la---I-ed S}'1S; o(,.p
The undersigned acknowledges receipt of the following addenda: 1'10,2-- da..:!-ed .5"f"7/~c..-
Respectfully Submitted,
r;g I~,>
C~...,...,lrv=.h~-7 ~c...
,/
(Name of Firm)
kO. /3t::J~ 7)c:>
(Business Address)
~_~/ t;;;:/I. .'}02>0/
(City, State' & Zip)
gy: ~ i. '7hh7f;:;;~
Title:
\!;~e ~N!-S ;.J~....+
r
P-l
./
REVISED JANUARY 14, 2006
'.
.4
'<
. ~
AUGUSTA UTILJTIE;S DEPARTMENT - PROJECT 50200
SANITARY SEWER BID SCHEDULE
FAIRINGTON SANITARY SEWER EXTENSION
1 8" diameter pye sanitary sewer pipeSDR 35, GeRth 0' to 6', 2007 LF 4. t.. G? 82-
including Type II (No. 57 stone) bedding material 0- 8080/ --
c
2 8. diameter pye sanitary sewer pipe SDR 35, Depth 6' to 8', 17297 LF 4-D~ ~:z...
}n~ding Type II (No. 57 stone) bedding material ~~t::>:3 ))
1
3 8" diameter pve sanitary sewer pipe SDR 35, Depth 8' to 14424 LF 40~ 5'80 710 S-
10', including Type II (No. 57 stone) bedding material
4 8" diameter pve sanitary sewer pipe SDR 35, Depth 10' to 5738 LF 40~ Be,
12' t including Type II (No. 57 Stone) bedding material Z31ol/ -
5 8" diameter pve sanitary sewer pipe SDR 35, Depth 12' to 2521 LF uP /o/tf<7S- ~
14', including Type II (No. 57 stone) bedding material 40-
6 8" diameter pev sanitary sewer pipe SDR 35, Depth 14' to 31 LF 4-v1:!::- /2<H5 ~
16', including Type II (No. 57 stone) bedding material
7 8" diameter ductile iron sanitary sewer pipe Class 350, Depth 582 LF B/~ . ")z--
0' to 6', including Type II (No. 57 stone) bedding material 47700 -
8 8. diameter ductile iron sanitary sewer pipe Class 350, Depth 260 LF B . '70 G,o
6' to 8', including Type II (No. 57 stone) bedding material /- 2/ 30~
9 8" diameter ductile iron sanitary sewer pipe Class 350, Depth 178 LF &/~
8' to 10', including Type II (No. 57 stone) bedding material 1<I-~88
10 8" diameter ductile iron sanitary sewer pipe Class 350, Depth 229 LF g/~
10' to 12', including Type II (No. 57 stone) bedding material
11 8" diameter ductile iron sanitary sewer pipe Class 350, Depth 287 LF g/~
12' to 14', including Type II (No. 57 stone) bedding material
12 8. diameter ductile iron sanitary sewer pipe Class 350, Depth 179 LF g/~
14' to 16', including Type 1\ (No. 57 stone) bedding material
FARNGTON-SS-8lDSOlEDULE-05.DOC
20F5
. REYlSED JANUARY 14, 2006
13 Select backfill, GA DOT Type I, Class I & II (Sand/Clay)- 150000 CY SO 0'
0-- 7"5) QOD -
Measured by in-place volume. i'
14 Pre-cast sanitary manhole, GA DOT STD 1011 A Type 1, 184 EA 33-73 CZZ tf:
Depth 0' to 6' (48" Diameter) ~2-0 $/0 -
15 Additional sanitary manhole Depth, Type 1, Class 1 (48D Dia.) 209 VF / /T rt2 24--~(P'7 ~
16 Ad,ditional sanitary manhole Depth, Type 1, Class 2 (48D Dia.) 269 VF /ne. 32- /3) ~
17 6" sanitary sewer connections 735 EA 7&") ~ (.,c
5,)?'I!>"o -
"r .{ .
,....
PAVEMENrSTRUCTURES
18 Asphalt overlay, typeF, 1 %" thick 114000 SY ~~ ?"j'~?2"o c:;
.'f B7' ~ c>'
19 Asphalt Leveling 500 TONS ~'7D -
20 Graded aggr~ate base, 10" thick,. 12' wide and asphalt 58000 SY 2"j' "l:3:- I?J~2DO~
patch 2" thick, including removal of 2" GAB and placement of
bituminous tack coat
21 Milling, 0 - 1.5" 66000 SY /~ ot~
79' Zoo -
CY 40~ c;
22 FJowable fill (If used) 8000 32.0000 -
23 24" concrete curb and/or gutter removal and replacement (as 9500- LF h~ oC::
appropriate and necessary) tP/?~ D -
24 Raised Edge Asphalt 7000 LF 4~ 27'75'""0 ~
MISCELLANEOUS
25 Rock excavation, if required 100
The following are to be installed per the discretion of the AUD inspector:
26 Clearing and Grubbing 6.0 ACRE (b&oo (;> '3'7~oo ~
27 15" RCP storm drainage pipe 110 LF IS"~ bO
//;78 -
28 18D RCP storm drainage pipe 950 LF 1(P~ /~B1/~
29 24D RCP storm drainage pipe 350 LF 2o!2 7/'3C:.> ~
. F AIRINGTON-Ss.BIDSCHEDULE-<l5.00C
30F5
REVISED JANUARY 14,2006
30 140
31 42ft RCP storm drainage pipe 60 LF 4{3EE::-
32 Miscellaneous Class A Concrete for concrete collars eY'" 500 CY 5o~
~
33 Lump sum construction (includes but is not limited to the 1 LS '" 5oBSooC?
508 -:5'00
listing continued below) '/
.~ ~ 1 -JoI"..~/
/3; cI
~
2-2-
.Jf ~ &40 2)0'-
II I I
",.
"'i~
FAIRlNGTON-Ss-BIDSCHEDULE..05.00C
40F5
REVISED JANUARY 14, 2005
......
-: -
Item Description
1 Mobilization, Demobilization " .... ,.~
2 Bonds, Insurance
3 Remove and reset fences, All types
4 Remove and reset gates, All types
5 Remove and reset storm sewer, Lengths & sizes vary
6 Remove and reconnect water se)Y~~, complete
,
- 7 Remove and reset signs, Type ,v~r~es
,. v8 Remove and reset water sprinkler systems, complete
1
9 Remove and reset water valve, size varies
10 Remove and reset yard lamps, Type varies
11 Remove and reset mailboxes, Type varies
12 Erosion and sediment control (temporary grassing, construction exits, rip-rap, misc.
erosion control structures)
13 Traffic control
14 Miscellaneous grading
15 Raise manholes and valves boxes to grade
16 Temporarily hold utility poles during construction
17 Restriping Pavements with Thermoplastic
18 Rip Rap Stabilization below Detention Pond Outlets
Lump S.um Construction
FAIRlNGT0N-SS-810SCHEDULE-OO.DOC
50F5
Bond No. 929 398 430
PERFORMANCE BOND
Conforms with The American Institute of Architects
A.I.A. document No. A-311
KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and, Western Surety Company, CNA Plaza, Chicago, Illinois 60685
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene
St./Municipal Building, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Six Million Eight Hundred Forty Thousand Two Hundred Seventy and
22/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 6,840,270.22 .).
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated
, entered into a contract
with Owner for Fairington Subdivision Sanitary Sewer Ex.tension
ProjectNo. 50200
(Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by Southern Partners, Inc., 1233 Augusta West Parkway
Augusta, Georgia 30909 (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
S-1219/GEEF 10/99
Page 1 of 2
PERFORMANCE BOND
929 398 430
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation 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 shall 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 elects, upon
determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even though there
should be a default or a succession of defaults under the
Signed and sealed this
2~ -r.:!i
day of
--:s-~
~
<S~
--:I:>~
(Witness)
lvLo ~~
(Witness) ~
~
Z~/)I3~~
CIS by Georgia Resident Agent
S-1219/GEEF 10/99
Page 2 of 2
contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth
in the first paragraph hereof. The term "balance of the contract
price," as used in this paragraph, shall mean the total amount
payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to
Contractor.
Any suit under this bond must be instituted before the
expiration of two (2) years from the date on which final payment
under the Contract falls due.
No right of action shall accrue on this bond to or for the use of
any person or corporation other than the Owner named herein or the
heirs, executors, administrators or successors of the Owner.
, Z otS>(.,;..
~~
)
(
Blair Construction, Inc., PO Box 770, Evans,
Georgia 30809
(Seal)
(Principal)
uip~~.~~
reS" ;c1e-?+
(Title)
Western Surety Company, CNA Plaza,
Chicago, Illinois 60685
(Seal)
(Surety)
z.:;~"",- L:.(I ~
Buck Leigh, Attorney-in- 'Ct
(Title)
LABOR AND MATERIAL PAYMENT BOND
Bond No. 929 398 430
Conforms with The American Institute of Architects
A.I.A. Document No. A-311
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and, Western Surety Company, CNA Plaza, Chicaflo, Illinois 60685
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commsission, 530 Greene
St./Municipal Building, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Six Million Eight
Hundred Forty Thousand Two Hundred Seventy and 22/100 - - - - - - - - - - - - - - - - - - Dollars ($ 6,840,270.22 ).
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated
, entered into a contract
with Owner for Fairington Subdivision Sanitary Sewer Extension
Project No. 50200
(Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by Southern Partners, Inc., 1233 Augusta West Parkway
Augusta, Georgia 30909 (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
S-1220/GEEF 10/99
Page 1 of 2
LABOR AND MATERIAL PAYMENT BOND
929 398 430
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall
remain in full force and effect, subject, however, to the following conditions:
I. 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, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and
severally 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
judgment for such sum or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable for the payment of any
costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the
'Principal, shall have given written notice to any two of the following: the
Principal, the 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 materials for which said claim is made, stating
with substantial accuracy the amount claimed and the name of the party to
whom the materials
Signed and sealed this
2.S- -c!f..
day of
-S~7
~
s.~~
(Witness)
In /A(J~T
/ ~
(Witness) ~
~)
S-1220/GEEF 10/99
Page 2 of 2
were furnished, or for whom the work or labor was done or performed.
Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for
the transaction of business, or served in any manner in which legal process
may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
b) After the expiration of one (I) year following the date on which Principal
ceased Work on said Contract, it being understood, however, that if any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof such limitation shall be deemed to be amended so as to
be equal to the minimum period of limitation permitted by such law.
c) 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 district 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.
, 2oolP.
\
~
Blair Construction, Inc., PO Box 770, Evans,
Georgia 30809
"
(Seal~
(Princi~al~
--::;-'
t)' -~r?~
~f'de-7+
(Title)
Western Surety Company, CNA Plaza,
Chicago, Illinois 60685
(Seal)
(Surety)
"Bud. 1!/' ~
Buck Leigh, Attorne n.Fact
(Title)
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Thomas M Albus, Buck Leigh, Individually
of Columbia, SC, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 23rd day of March, 2006.
............
........~\IRETl'".......
,.+~..........(\o't.
!:!/o..9D"4~\\\
~::(C; "'ha
-~\"i/..~I:A"'./~!
.D(;i'jjD~~i:I'''
...",;ttt""
WESTERN SURETY COMPANY
~/~~
Paul ,Bruflat, SeOlor Vice President
State of South Dakota
County of Minnehaha
} ss
On this 23rd day of March, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
November 30, 2006
+~~~~~~~~~~~~~~~~~~~~~~~~+
$ D. KRELL :
r r
:~NOTARY PUBLIC~:
.t~SOUTH DAKOTA~r
r r
.................",~.,...........,........IIot..... +
~
~P,blk
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof! have hereunto subscribed
my name and affixed the seal of the said corporation this 2~ day of -::;- / . z,oO(p .
"~~g1::~,,, WESTERN SURETY COMPANY
l~f.~..9D"4}~\
~:ic; "')~i
~~~~A~'.:~"-:$
~~
g:
~~
L. Nelson, ASSistant Secretary
Form F4280-0 1-02
7/20/2006 9:28 AM
9,17068681855
002
ACORQ CERTIFICATE OF LIABILITY INSURANCE
PRODUCER (770)246-8300 FAX (770)246-8301
Sutter, Mclellan & Gilbreath, Inc.
1424 North Brown Road
Suite 300
lawrenceville, GA 30043-8107
INSURED Blair Construction, Inc.
P. O. Box 770
Evans, GA 30809
DATE (MMlDDIYY'IY)
07/20/2006
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE"
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC#
INSURER A:
National Trust Insurance
FCCI Insurance"Group
18290
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAGE~
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~~?;~ "TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pg~'fJ~~~~N LIMITS
LTR
GENERAL LIABILITY CPPOO04476 02/14/2006 02/14/2007 EACH OCCURRENCE $ 1. 000. OOC
-
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000
I CLAIMS MADE o OCCUR MED EXP (Arroj one person) $ 5,00C
A PERSONAL & ADV INJURY $ 1. 000 , OOC
GENERAL AGGREGATE $ 2,000,00C
- 2,000,00C
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $
~ POLICY [Xl ~~ n LOC
AUTOMOBILE LIABILITY CA 0005458 02/14/2006 02/14/2007 COMBINED SINGLE LIMIT
- $
X Am AUTO (Ea accident) 1,000,000
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person) 0
B -
~ HIRED AUTOS BODILY INJURY
$
X NON-OWNED AUTOS (Per accident)
-
- PROPER1Y DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
R Am AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSlUMBRELLA LIABILITY UMBOO02841 02/14/2006 02/14/2007 EACH OCCURRENCE $ 5.000.00C
tKJ OCCUR 0 CLAIMS MADE AGGREGATE $ 5,000,00C
B $
R DEDUCTlBLE $
RE1ENTlON $ $
WORKERS COMPENSATION AND 010-WC05A-54981 02/14/2006 02/14/2007 X I WC STATU- I TOTH-
TORY LIMITS ER
EMPLOYERS' LIABILITY 1,000,000
A ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED? E.L. DiSEASE - EA EMPLOYEE $ 1,000,000
~pe~t?:C~~;~r~I~NS below E.L. DISEASE - POLICY LIMIT $ 1.000,000
OTHER
,PESCRlPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Amount $6,840,270.22
airington Subdivision Sanitary Sewer Extension, Augusta, GA Contract
,
CERTIFICATE HOLDER
Augusta, GA Commission
Room 605 -Municipal Building
August, GA 30911
CANCELLATION
SHOULD AN'( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
-.l!L. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF AN'( KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Mark Ja
"~~Ch-
ArnDn ""/.,nn~lnO\
,^,ArnDn rnDanDATlnM ~QOO
7/20/?006 9:28 AM
9,17068681855
003
IMPORTANT -
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
.'.
BID BOND
Conforms with The American Institute of
Architects, A.IA Document No. A-310
KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc. , P. O. Box 770, Evans, Georgia 30908
as Principal, hereinafter called the Principal,
and the Western Surety Company
of CNA Plaza, Chicago, III 60685
, a corporation duly organized under
the laws of the State of
South Dakota
, as Surety, hereinafter called the Surety, are held and fIrmly bound unto
Augusta-Richmond County Commission, 530 Greene St., Room 605, Augusta,
Georgia 30911
as Obligee, hereinafter called the Obligee,
in the sum of 10% of bid - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - _ _ _ __
. v
Dollars ($ 106)b 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 Fairington Subdivision Sanitary Sewer Extension
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnishe_d in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specifIed in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this
23rd
day of
May
Blair Construction, Inc.
POBox 770, Evans, Georgia 30809
2006
Witness
~ L. )'Jy~;
V.'~e "Pre... ;cl-.+-
(Seal)
Principal
,-
I~S.
.
---.n~
Title
,-
l;/(: /0 A.eZ O~
, IV /-
Witness
Western Surety Company
/
By e~J:.~A-
Attorney-in-Fact
S-0054/GEEF 12/00
\-
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing cOrporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Thomas M Albus, Buck Leigh, Individually
of Columbia, SC, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts-
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the. acts of said
Attorney; pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
~ .
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 23rd day of March, 2006,
WESTERN SURETY COMPANY
~~mimVi""m;dml
State of South Dakota
County of Minnehaha
} ss
On this 23rd day of March, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
. affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
November 30, 2006
+~~~~~~~~~~~~~~~~~~~~~~~~+
~ D. KRELL ~
I I
~~NOTARY PUBL.IC ~~
I~SOUTH DAKOTA~I
r I
+~~~~~~~~~~~~~~~~~~~~~~~+
~
~!P"bi"
My commission expires
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporatio~ted on the reverse hereof is still in force. In testimony whereof! have hereunto subscribed
my name and affixed the seal of the said corporation this day of M:l.y 2CDS
WESTERN SURETY COMPANY
c;
~4 qrt/ .
L. Nelson, Assistant Secretary
Fonn F4280-01-02
(9) Service availability may be considered in determining the most responsible bid, and the bidders shall
be required to submit information concerning their ability to service and maintain the product of the
equipment.
Award to other titan low bidder. When the award is not given to the lowest bidder, a full and complete
statement of the reasons for placing the purchase order or other contract elsewhere shall be prepared and
signed by the Procurement Director and/or Administrator and made part of the record file for audit
proposes.
It is the wish of the Owner that minority businesses are given the opportunity to BID on the various parts
of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding
or to increase the cost of the work. The Owner supports a healthy free market system that seeks to
include responsible businesses and provide ample opportunity for business growth and development.
The Disadvantaged Business Enterprise Language for bids has been included. Please note that the
DBE forms are required to be completed and returned with your bid package.
EMPLOYEE CONFLICT OF INTEREST:, ,
It shan be unethIcal for any City of Augusta bhsines's or participant directly or indirectly in a procurement
contractwhen the employee or official knows that:
~ ,
(a) the employee or official or ffiIy member of the employee's or official's immediate family
has a substantial interest or [mancial interest pertaining to the procurement contract, except
that the purchase of goods and services from businesses which a member of the
Commission or other City of Augusta employee has a financial interest is authorized as per
O,C,G.A. 36-1-14, or the procurement contract is awarded'pursuant to O.C.G:A. 45-10-22
and 45-10-24, or the transaction is excepted from said restrictions by O.C.G.A. 45-10-25;
(b) Any other person, business, or organization with whom the employee or official of any
member of an employee's or officials immediate family is negotiating or has an
arrangement concerning prospective employment is involved in the procurement contract.
Any employee or official or any member of an employee's or official immediate family who
holds a substantial interest or [mancial interest in a disclosed blind trust shall not be deemed
to have a conflict of interest with regard to matters pertaining to that substantial interest or
financial interest.
USE OF CONFIDENTIAL INFORMATION 1-10-15
It shall be unethical for any Augusta, GA County employee or official to knowingly use confidential
information for actual or anticipated personal gain, or for the actual or anticipated gain for any other
person.
. "711c--'> L-. /Z'(.......-I-,'--e-r-
~~iA~
Date:
S-/:2- J /0 W
I I
73/a-i >- ~Y?5!-'-l/C--./,'c.-r /
~L..,
Name:
Title:
Vcc..e. '-Pre,; ide--->-+-
Company:
THIS SHEET IS REQUIRED TO BE IN SUBl\1ITTAL.
MAY-15-2006 16:54
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~
?!,?'<Mt~Jlt ~
~ @/Yt (&am4 &~Jl
ADDENDUM
TO:
All Bidders
FROM:
Geri A. Sams
DATE:
May 15, 2006
SUBJ;
ADDENDUM #1
BID ITEM #06-133 - Fairington Sanitary Sewer Project
BID DUE Tuesday, May 23,2006 @ 3:00 p.m.
Please note the following change to your bid package:
The following notes address all questions received as of 5/5/2006, and constitute addendum #1
for the Fairington Subdivision Sanitary Sewer Ext. Project which is Bid Item #06-133.
1. The bid documents will be amended to show in the agreement: 365 calendar days for
project completion and $1000.00 dollars a day in liquidated damages. (noted)
2. Augusta Utilities Department's revised road cut detail will be added to the detail section
oftne plans. (attached)
3. There will be an Augusta Utilities Department detail for AC water main added to the
detail section of the plans, (attached)
4. Bid documents will have a "Measurement of Payment" section added to the documents.
(attached)
5. All D .I.P . (ductile iron) pipe shall be epoxy coated per A WW A specifications C-151.
(noted)
6. The Contractor shall vacuum test all manholes per AUD specifications, and low-pressure
air test all sewer pipe lines per AUD specifications. Neither manholes nor sewer pipe
will be paid for until the required tests have been passed. (noted)
7. All D.I.P. pipe shall be class 350 for lines 16" and smaller, and class 300 for lines 18-24"
indiarneter. (noted)
8. The Bid documents will be revised to include the Bonds section in the documents which
will include the subsections of: Performance Bond, Labor and Material Payment Bond,
and Bid Bond. (received)
RDOIn 60S - 530 Greene Street, Augusta, Georgia 30911
(706) 821-2422 - FtUt (706) 821-2811
:WWW.au~staf:a.IWV
Register atwww demand!l'ttlr.com/~mplier for a1.ItOmatie bid notification
MAY-15-2006 16:54
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9, The construction restrictions on easements throughout the project will be made available
to all bidders on the project. (attached)
10_ There will be an Augusta Utilities Department detail for manhole frame & cover to be
added to the detail section of the plans. (attached)
Please acknowledge receipt of addendum in your bid package.
If you have any questions regarding this correspondence, please contact me at
(706) 821-2422.
cc:
Tameka Allen
Max Hicks
Wes Byne
Sean Barr
Yvorme Gentry
Interim Deputy Administrator
Director, Utilities Department
Utilities Department
Utilities Deparnnent
DBE Coordinator
MAY-15-2006 16:54
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and as Surety, are hereby held and firmly bound unto Augusta-
Richmond County Commission, as Owner in the penal sum of for the payment of
which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns.
Signed, this day of , 2006.
The condition of the above obligation is such that whereas the Principal has submitted to the
Augusta Commission a certain Bid, attached hereto and hereby made a part hereof to enter into a
contract in writing for the construction of FAIRINGTON SUBDIVISION SANITARY SEWER
EXTENSION.
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the
Form of Contract attached hereto (properly completed in accordance with said Bid) and shall
furnish a bond for his faithful performance of said contract, and for the payment of all persons
performing labor or furnishing materials in connection therewith, and shall in all other respects
perform the agreement created by the acceptance of said Bid, then this obligation shall be void,
otherwise the same shall remain in force and effect; it being expressly understood and agreed that
the liability of the Surety for any and all claims hereunder shall, in no e:vent, exceed the penal
amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and
its Bond shall be in no way impaired or affected by any extension of the time within which the Owner may
accept such Bid; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set these hands and seals,
and such of them as are corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set forth above,
L.S.
(Principal)
(Surety)
SEAL By
ATTORNEY IN FACT
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where the
project is located.
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PERFORMANCE BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND, IN FAVOR OF THE
OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.)
KNOW ALL MEN BY THESE PRESENTS:
That , as Principal, hereinafter called Contractor, and _
I a corporation organized and existing under the laws of the State of
, with its principal office in the City of , State of , as Surety,
hereinafter called Surety, are held and firmly bound unto the Augusta Commission, as Obligee, hereinafter
called the Owner, in the penal amount of Dollars ($ ) for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents for the faithful performance of a certain written agreement.
WHEREAS, Contractor has by said written agreement dated entered into a contract
with Owner for the construction of FAIRINGTON SUBDIVISION SANITARY SEWER EXTENSION,
Augusta, Georgia, in accordance with the drawings and specifications issued by Southern Partners, Inc., 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 Contractor shall promptly and
faithfully perform said CONTRACT, then this obligation 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 shall 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
elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder,
arrange for a contract bet'Neen such bidder and Owner, and make available as Wort<. progresses
(even though there should be a default or a succession of defaults under the contract or
contracts of completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the contrad price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall
mean the total amount payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to Contractor_
Any suit under this bond must be instituted before the expiration of two (2) years from the date
on which final payment under the CONTRACT falls due.
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No right of action shall accrue on this bond to or for the use of any person or corporation
other than the Owner named herein or the heirs, executors, administrators or successors of the Owner.
Signed and sealed this
day of
Attest
By
A.D. 2006.
(Seal)
(Contractor)
(Seal)
(Title)
(Seal)
(Surety)
(Seal)
(Title)
Witness
Witness
Attest
By
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute
Bond.
MAY-15-2006 16:54
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LABOR AND MATERIAL PAYMENT BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND, IN FAVOR OF THE
OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.)
KNOW ALL MEN BY THESE PRESENTS:
That I as Principal, hereinafter called Contractor, and _
I a corporation organized and existing under the laws of the State of
_' with its principal office in the City of , State of , as Surety, hereinafter called
Surety, are held and firmly bound unto the Augusta Commission, as Obligee, hereinafter called the Owner, for
the use and benefit of claimants as hereinbelow defined in the amount of
_Dollars
($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally, finnly by these presents.
WHEREAS, Contractor has by written agreement dated entered into a contract
with Owner for the construction of FAlRINGTON SUBDMSION SANITARY SEWER EXTENSION,
Augusta, Georgia in accordance with drawings and specifications issued by Southern Partners, Inc., 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 Contractor shall promptly
make payment to all claimants as hereinafter defined, for aI/labor and material used or reasonably required to
use in the performance of the CONTRACT, then this obligation shall be void; 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 Contractor or with a subcontractor of the
Contractor for labor, material, or both, used or reasonably required for use in the performance of the
contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental of equipment directly applicable to the CONTRACT,
(2) The above named Contractor and Surety hereby jointly and severally 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 judgment for such sum or sums as may be justly due claimant, and have execution thereon. The
Owner shall not be liable for the payment of any costs or expenses of any such suit.
(3) No suit or action shall be commenced hereunder by any claimant,
(a) Unless claimant, other than one having a direct contract with the Contractor, shall have given
written notice to any NvO of the following: The Contractor, the 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 materials for which said claim is made, stating with substantial accuracy the amount cJaimed and
the name of the party to whom the materials were furnished, or for whom the work or labor was done
or performed, Such notice shall be served by mailing the same by registered mail or certified mail,
postage prepaid. in an envelope addressed to the Contractor, Owner or Surety, at any place where an
office regularly maintained for the transaction of business, or served in any manner in which legal
process may be served in the state in which the aforesaid project is located, save that such service
need not be made by a public officer.
(b) After the expiration of one (1) year following the date on which Contractor ceased work on said
CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by
any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be
equal to the minimum period of limitation permitted by such law.
(c) 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
MAY-15-2006 16:55
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District Court for the district 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
, day of
AD. 2006.
Witness
By
Attest
By
Witness
Attest
By
Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute
Bond.
MAY-15-2006 16:55
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ASPHALT OVERLAY COMPACTED
2" THICK TYPE "F"
- 50' IN WIDTH FOR TRANSVERSE CUTS
- WIDTH VARIES FOR LONGITUDINAL CUTS
25'
2 ~ COMPACTED ASPHALTIC
BINDER, TYPE B CAP,
SAW CUT EDGE AND
APPLY TACK
8" OF GRADED
AGGREGA TE BASE
COMP ACTED TO
100% Dfn DENSITY
P.89/19
25'
AND
6" SAND/CLAY BASE SUBGRADE
COMPACTED TO 100%
SAND/CLAY BACKFILL INSTALLED IN
8" liFTS. COMPACTED TO 95%
--PIPE BEDDING PER AUGUSTA
UTILITIES DEP ARTMENi
STANDARDS
1. THIS DETAIL SHALL APPLY TO AUGUSTA UTILITIES DEPARTMENT BOND PROJECTS ONLY.
2. TOP 10 1/2" OF TRENCH TO BE GRADED AGGEGA TE BASE. TOP 2 1/2" OF GRADED AGGREGA T
BASE TO BE REMOVED AND REPLACED WITH TYPE 8 ASPHALT BINDER UPON INST ALLA TION
OF ASPHALT CAP.
3. DETAIL SHOWS A TRANSVERSE CROSS SECTION. OVERLAY WlDTH
MAY VARY FOR LONGITUDINAL CUTS.
AUD - DETAIL 18
AUGUSTA UTILITIES DEPARTMENT BOND PROJECT
ROAD CUT DETAIL
(PIPE IN EXISTING ROADWAY)
NOT TO SCALE
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HYMAX COUPLING
10' - 0" MINIMUM
SECTION OF DUCTilE
IRON PIPE - CLASS
350
EXISTING WATER MAIN
(AS8ESTOS CEMENT PIPE)
.... SANITARY SEWER LINE
IN PLACE OR TO BE
INSTALLED
PROCEDURE;:
1. CUT AND REMOVE SECTION OF EXISTING ASPHALTIC CEMENT PIPE.
2, REPLACE WITH SECTION OF DUCTILE IRON PIPE: CLASS 350.
.3. INSTALL HYMAX COUPLINGS MANUFACTURED BY DRESSER OR EQUAL.
AUD - DETAIL 20
SANITARY SEWER MAIN INSTALLATION
(IN.AREA OF EXISTING ASBESTOS CEMENT PIPE CROSSING)
NOT TO SCALE
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"
'-
REVISED MARCH 19, 2004
AUGUSTA UTILITIES DEPARTMENT
SANITARY SEWER PROJECT. MEASUREMENT AND PAYMENT
SANITARY SEWER
ITEMS S-lA through 8-161 - All piping line items shall be measured in linear feet and shall
include costs for piping and installation, trench excavation, trench box, dewatering, asphalt
cutting/ ns>rmal joints and gaskets, normal backfill, infiltration and exfiltration testing,
mandrel pulling, and CCTV camera inspection as required. Camera inspection shall include
all costs for closed circuit camera inspection of the sanitary sewer system,. including
mobilization, demobilization, inspection, video tape copies, and field reports. No additional
payment shall be made for these items.
ITEM 8-17 - Jack and bore line items shall be measured in linear feet and shall include costs
for casing piping, carrier piping; installation" blasting, asphalt cutting, restrained joints and
gaskets, end seals, and normal backfill. No additional payment shall be made for these
items.
ITEM S~18 - Select backfill shall be measured in cubic yards for both Types I and II and shall
include costs for the backfill and installation as well as all transportation and stockpiling
charges, The volume of material included shall be the actual measured "in-place" volume.
The standard trench width used to calculate the volume will be 7 feet. No additional
pa.yment shall be made for these items.
l1]M S419 ~ Miscellaneous pipe fittings and connections shall be measured in pounds and
include costs for all fittings and installation except normal joints and gaskets regardless of
material. No additional payment shall be made for these items.
ITEMS >$-20~ thro~g!l S~20F and 5-23 - Pre-cast manholes shall be measured individually
(each) and shall include costs for manholes, excavation- dewatering, asphalt cuttingl collars
and boots, grouting and/ or other connections, installation, normal backfill, and vacuum
testing as specified, Manhole vacuum testing shall include all costs for testing equipment,
testing labor, mobilization/ demobilization, and reporting. Manholes failing testing shall be
re-tested a.t Contractor s expense. Repairs to failing manholes shall be made external to the
ms.nhole utilizing a method approved by the Augusta Utilities Department. No additional
payment shall be made for these items.
ITEMS S-21A through S.21P, S.22A throu~h S-22F, 5-24 through 5-25 - Additional sanitary
manhole depth line items shall be measured by vertical foot and shall include costs for
excavation, dewatering, and backfill as specified by type and class. No additional payment
shall be made for these items.
SAN seWER MEASURE PMT 04 OS 19
10F4
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REVISED flIARCH 19,2004
ITEMS S-26A through S-26F - Sanitary sewer exterior manhole joint wrapping shall be
measured individually and shall include the costs for wrapping material and installation.
No additional payment shall be made for these items.
ITEMS S~27 A through S-27F - Sanitary sewer interior protective coating shall be measured
by the vertical foot of manhole and shall include the costs for coating material and
installation. No additional payment shall be made for these items.
ITEM 5-28 - Outside drop piping shall be measured individually (each) and shall include
the costs for all items associated with the drop manhole detail, exclusive of the manhole or
manhole extensions. No additional payment shall be made for these items.
ITEM 5-29 - Dog house/ connector manholes shall be measured individually (each) and
shall include the costs for excavation, dewatering, asphalt cutting, pipe cutting, collars and
boots, grouting and / or other connections, installation, and normal backfill. The costs for
the base section, first riser, cone section, and ring and cover shall be induded within this
line item. Additional depth manhole sections shall be included "Within the appropriate
manhole line item. No additional payment shall be made for these items,
ITEM S-30 - Sanitary sewer connections shall be measured individually (each) and shall
include costs for 6-inch PVC piping, precast concrete valve ring with rebar, PVC twist-off
plug, mainline tee, fitting, c1eanout, excavation, dewatering, asphalt/ concrete cutting
(including service markings), installation, normal backfill, and property restoration. No
additional payment shall be made for these items.
ITEM S-31- Cut and plug sewers shall be measured individually (each) and shall include
costs for cutting of existing pipelines, plugging of existing pipelines, excavation,
dewatering, asphalt/ concrete cutting, and normal backfill. No additional payment shall be
made for these items.
ITEM 5-32 - Cut and plug manholes shall be measured individually (each) and shall include
costs for cutting of existing manholes, plugging of existing manholes, excavation,
dewa.tering, asphalt/ concrete cutting, and normal backfill. No additional payment shall be
m.ade for these items. .
IT~M S-3~ - Sanitary sewer manhole tie-ins shall be measured individually (each) and shall
indude costs for cutting/ coring of existing manholes, collars, rubber boots, any required
gaskets, excavation, dewatering, soil stabilization, asphalt cutting, and normal backfill. No
additional payment shall be made for these items.
IIEM 5-34 - AC water main crossings shall be measured individually (each) and shall
include costs for AC pipe cutting, excavation, ductile iron piping, sleeves, backfill, and
property restoration. No additional payment shall be made for these items,
ItEM 8-35 - Ductile iron pipe polyethylene pipe encasement shall be measured in linear
feet and shall include costs for pipe wrap materials and installation. No additional payment
shall be made for these items.
ITEM S~36 - Concrete pipe encasement shall be measured in cubic yards and shall include
costs for concrete, installation, excavation" dewatering, soil stabilization, pipe stabilization,
asphalt cutting, and normal backfill. No additional payment shall be made for these items.
$,lN SEWER MEASURE PM! 04 OJ 19
20F4
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REVISEO WlRCH 19, 2004
PAVEMENT STRUCTURES
ITEM P-l- Asphalt overlay shall be measured in square yards and shall include costs for
asphalt materials and installation, temporary striping and permanent striping (replaced in
kind), and markers (both temporary and permanent). No additional payment shall be made
for these items.
ITEM P-2 - Aggregate base (10 W' thick) and asphalt patch (2 Vz" thick) shall be measured in
square yards and shall include costs for all aggregates (regardless of type)/ 2112 II graded
aggregate base removal and disposal, bituminous tack coat, asphalt, installation, excavation,
striping (both temporary and permanent), and markers (both temporary and permanent).
The square yardage calculation shall be based upon a standard width of seven (7) feet for
payment purposes. No additional payment shall be made for these items.
ITEM P-3 - Asphalt pavement leveling shall be measured in tons and shall include costs for
all asphalt (regardless of type) used to create a level road surface prior to asphalt overlay as
authorized by the project representative. The payment shall be based upon confirmed
delivery tickets. No additional payment shall be made for these items.
ITEM P-4 - Milling shall be measured in square yards and shall include all materials, labor,
equipment, and material removal and disposal costs. No additional payment shall be made
for these items.
ITEMS P-5 through P-6 - Concrete sidewalk and driveways shall be measured in square
yards and shall include costs for 3000 psi concrete, installation, site preparation, formwork,
and finishing. Existing concrete shall be removed to the nearest joint as directed by the
project representative. Payment shall included all removal and disposal costs. No
additional payment shall be made for these items.
ITEM.P-7 ~ Asphalt driveway replacement shall be measured in square yards and shall
include costs for asphalt, installation, and site preparation, including necessary subgrade
preparation, base removal, and base installation. Existing asphalt shall be removed to the .
nearest joint as directed by the project representative. No additional payment shall be made
for these items.
ITEM P-8 - Cu.rb and/ or gutter placement shall be measured in linear feet and shall include
costs for concrete, installation, site preparation, formwork, and finishing. Payment shall
included all removal and disposal costs. No additional payment shall be made for these
itQ;m.s,
II-E~)?-9 - Curb and gutter removal and replacement shall be measured in linear feet and
shi?<ll include costs for removal and disposal of existing concrete curb and gutter, concrete,
installation, site preparation, forffiwork, and finishing, Payment shall included all removal
and disposal costs, No additional payment shall be made for these items.
MISCELLANEOUS
ITEM M-l- Flowable fill shall be measured in cubic yards and shall include costs for all
materials, labor, equipment, and excess materials. No additional payment shall be made for
these items.
SAN SEWf;R MEASURfi: PMT 04 03 19
3 OF 4
MAY-15-2006 16:55
RRC PURCHASING.
P.14/19
REVISED MARCH 19, 2004
ITEM M-2 - Rock excavation shall be measured in cubic yards and shall include costs for
blasting, labor, equipment, and material removal and disposal. No additional payment shall
be made for these items.
ITEM M-3 - Foundation backfill shall be measured in cubic yards and shall include costs for
the backfill and installation as well as all transportation and stockpiling charges. Quantities
shall be verified by trench volume calculation. No additional payment shall be made for
these items.
ITEM M-4 - Clearing and grubbing shall be measured in acres and shall include costs for
vegetation removat stockpiling, disposal and any required permitting. No additional
payment shall be made for these items.
ITEM M~5 - Fence removal and replacement shall be measured in linear feet and shall
include all costs associated with removal and replacement of the existing fence with new
materials of like quality as necessary for sanitary sewer installation. No additional payment
shall be made for these items.
LUMP SUM CONSTRUCTION
ITEM LS-l - Lump sum construction includes, but is not limited to, the items described in
the bid schedule. No separate or additional payment shall be made for these items.
SAN SEWER MEASURE PMT O~ 03 19
4 OF 4
M8Y-15-2006 16:56
8RC PURCHASING
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RRC PURCHRSING
P.19/19
----.
2.NON-PENETRATING
F'ICK HOLES
"A"
I~ , 23 1/2" 11
~~L1
SECTION OF COVERS
PLAN OF MANHOLE
FRAME AND COVER
(MIN,) 4"'1" DIAMETER ANCHOR HOLES
ANCHOR BOLT pm
us FOUNDRY SPEC,
1-
25"
HALF SECT, HALF ELEV,
331/4"
BOLTED WATE:RTIGHT FRAME AND COVER
US FOUNDRY #USF 668 RING & SWT COVER
L.OAD RATING-HEAVY DUTY
5T ANDARD COVER
Us FOUNDRY #USF 668 RING & KL CovER
LOAD RATING-HEAVY DUTY
VENT HOLE LOCATION DRILLED AS SHOWN
HALF SECTION FRAME-HALF ELEV. FRAME "AN
APPROXIMATE: WEIGHT
FRAME 180
COVER ill
TOTAL 285
AUD - DETAIL 4
TRAFFIC MANHOLE FRAME & COVER
NOT '1'0 SCALE
TOTAL P.19
MAY-19-2006 10:58
ARC PURCHASING
P. 1212/02
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ADDENDUM
TO:
141 Bidders
FROM:
Geri A. Sams
DATE:
May 19,2006
SUBJ:
ADDENDUM #2
BID ITEM #06-133 Fairington Sanitary Sewer
~ID DUE Tuesday, May 23,2006 @3:00p.m.
Please note the following change to your bid package:
1. The measurement of payment section which was added to the bid documents
through :addendum 1 is the correct form to be used in any discrepa::.lcies between
the bid schedule and the measurement of payment.
2. The me~surement of payment in regards to the yardage calculation on the width
of base and asphalt patch to be seven (7) feet is correct and is shown on the new
road cut detail as such, and as well as in the correct measurement of payment
section ~hat was attached as addendum items.
Please ackn~wledge receipt of addendum in your bid package.
If you have any questions regarding this correspondence, please contact me at
(706) 821-2422. '
cc:
Tameka R..llen
Mu Hicks
Wes B yri.e
Sean Bair
Yvonne Gentry
Interim Deputy Administrator
Director, Utilities Department
Utilities Department
Utilities Department
DBE Coordinator
Room 60S - 530 Greene Street, Augusta, Ckorgia 30911
(706) 821-2422 - Fax (706) 821-2811
'h'h'W. a1.l.:\l!ltaia. gov
Register at www.dema.ndllt9.r.c.om/ll\l~llllT fur al1toma.t1e bid notifiea.tion
TOTAL P.02