HomeMy WebLinkAboutVASTEC PROTECH JOINT VENTURE
NOVEMBER 30, 2005
JLA JOB No. 42.0303
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
HWY 56 - 24" WATER MAIN EXTENSION
Project No. 10120
prepared for
AUGUSTA-RICHMOND COUNTY COMMISSION
Augusta, Georgia
prepared by
JOHNSON, LASCHOBER & ASSOCIATES, P.C..
ENGINEERS .. DESIGNERS .. CONSULTANTS .. LANDSCAPE ARCHITECTS
1296 Broad Street, Augusta, GA 30901
N. M:ll:Hicks,P.E., RLS WesBY!,l~'~'E::
Director Assist~Il;!Rire8!pi
Phone: 706-312-4132
Fax: 706-312-4133
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UTILITIES DEPARTMENT
To: Geri Sams, Director of Procurement
cc: Phyllis Mills, Quality Assurance Analyst
From: Sean Barr c/o Justo Chacon, PPE for the Hwy. 56 water main project 10120
Date: 8/11/2006
Re: Addendum 1 on the Highway 56 water main extension Project-Bid ill #06-138
Ms. Sams,
The following notes address all questions received as of 6/2/2006, and constitute addendum #1
for the Highway 56 water main extension Proj ect which is Bid Item #06-13 3.
Field Lok gaskets are acceptable as restraints for the pipe
I. Specifications-Revisions and Clarifications:
A. Section 02510 -WaterSupply Main
1. Under Section 3.15 MEASUREMENT AND PAYMENT, Bid Item W-l through W-3
revise to read W-IA through W-3J and after "normal joints and gaskets," insert "restrained
joints,"
2. Under Section 3.15 MEASUREMENT AND PAYMENT, Bid Item W-6 -
Miscellaneous pipe fittings and connections... delete "except normal joints and gaskets
regardless of material" and insert "including normal joints and gaskets, mechanical joint
restraints, etc., except concrete thrust blocking, regardless of material."
3. Under Sectio~ 3.15 MEASUREMENT AND PAYMENT, Bid Item W-8 -Fire Hydrants
"insert tie-rods and blocking".
4. Under Section 3.15 MEASUREMENT AND PAYMENT, Item W - 21 .:-. Miscellaneous
Concrete - Concrete thrust blocks, where indicated on drawings, with the exception of thrust
blocks in.dicated on the fire hydrant installation, shall be included in this bid item.
Engineering and Construction Division
360 Bay Street, Suite 180 - Augusta, GA 30901
(706) 312-4132 - Fax (706) 312-4133
WWW.AUGUSTAGA.GOY
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UTILITIES DEPARTMENT
. N. Max Hicks, P.E., RLS WesByne, RE.
Director AssistaritDirector
Phone: 706-312-4132
Fax: 706-312-4133
B. Section 02300 Earthwork
1. Under Section 3.17 MEASUREMENT AND PAYMENT, Item P-9 - A concrete header
curb (per GADOT Detail No. 9032B, ) may be substitutedin lieu of a concrete curb and
gutter for any removal and replacement required outside the right-of-way along the Fulcher
property between Stations 0+00 and 3+30. The height of curb shall match existing.
II. Drawings-Revisions and Clarifications:
A. Drawing Cl.l:
1. Sidewalk replacement was questioned at the pre-bid meeting: No sidewalk replacement is
anticipated or will be approved for payment. Existing sidewalk along the project is located
between Sta. 0+00 to 0+25 and is located, at the nearest point 18', from the centerline of
pIpe.
2. Direction Bore No.1 from Sta. 8+46 to sta:. 9+26 (Bid Item W-4C). The degree of
curvature was questioned at the pre-bid meeting as it pertains to' the last 80' segment from
sta. 8+46 to sta. 9+26. The total deflection over this length is approximately 9 degrees or,
from the starting joint to ending joint, assuming 4- 20' pipe segments (5 joints), less than 2
degree deflection per joint. The Contractor at his option may reduce the deflection per
joint further by starting the curve at station Sta. 8+26 and/or decreasing the pipe lengths to
10' lengths and decreasing the deflection per joint to under 1 degree of deflection per joint.
3. On the Procter & Gamble (P & G) property, between Sta. 8+00 and Sta. 26+50, permanent
sod, represented by the BMP's (Best Management Practices) symbol Ds3 (in a box), will be
placed on disturbed areas by P & G' landscaper. Consequently, the establishment of .
permanent vegetation may be removed from this portion ofthe project. See Section III.C
below for further discussion. Other BMP's (Ds1, Ds2, etc.) will be the responsibility of the
contractor. Even thoughP & G's landscaper will place topsoil, as necessary, till, and fme
grade, this does not relieve the Contractor's responsibility to place backfill per specifications,
establish backfill to original grades and leave the site' in neat and clean. Existing irrigation
. piping is present through-out this area (See discussion in Section III.C, below.
B. Drawing C1.2:
1. Jack & Bore # 1 from Sta. 20+90 to Sta.22+ 10 (Bid Item W-4A): The Contractor, at his
option, may substitute a directional bore installation similar to Direction Bore No.1 over at
least the same length 120' length. The installation at this location must insure
Engineering and Construction Division
360 Bay Street, Suite 180 - Augusta, GA 30901
(706) 312-4132 - Fax (706) 312-4133
WWW.AUGUSTAGA.GOY
N. Max Hicks, P.E., RLS
Director
'Yes BYIle,P.E.
AssistaritDirector
Phone: 706-312-4132
Fax: 706-312-4133
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UTILITIES DEPARTMENT
uni,nterrupted ingress and egress to and from the Procter & Gamble property. The total
price entered for bid item W-4A shall reflect either installation method.
C. Drawing C1.3:
1. Jack & Bore No.2 (Bid Item W-4B) from Sta. 45+30 to Sta. 46+60:
a. The Contractor, at his option, may substitute a directional bore installation similar to
Direction Bore No. lover at least the same length 130.' length and providing for the 4;
minimum cover indicated at the stream bottom.
b. The total price entered for bid item W-4B shall reflect the jack and bore as specified
or alternate installations described under sub-paragraphs l.a and 1.b, above.
2. Delete the specified 130 LF of polyethylene wrap associated with, but not included in
Bid Item W 4- B. The quantity listed under bid item W -17 will remain unchanged in the bid
sc?edule. . Payment will be made based on the actual amount of polyethylene wrap installed.
3. Water main construction across the frontage of the Toole property from Sta. 50+30 to
Sta. 52+80:
a. Condition: The proposed construction is not to encroach beyond the temporary
construction easement or the 40 foot long existing house porch frontage. The existing
12" water main along the Toole property is intended to be permanently
decommissioned and the 12" water main removed where necessary to allow for
installation of the proposed 24" DIP in the same location. The project depth of cover of
48" may also be reduced as directed by the City to.accommodate existing sub-surface
conditions at this location and to recognize the stability of the existing adjacent
structure.
b. The Contractor shall complete proposed water line construction south of the Toole
property including the 12" connection to the existing 12" water main at'Sta. 55+40, the
12" gate valve and the connection to the 24" line at the same location. . The 12" gate
valve shall be temporarily closed. If the 24" water line is complete, accepted and under
line pressure the 24" line should be extended from the 24" x 12" at this location north a
minimum of 100' and a temporary plug installed. This plug shall not receive separate
payment. .
c. The Contractor shall expose the 12" valve located at Sta. 49+95 at the existing tee
in Dixon Airlirie Road, close the valve, remove the valve box & repair asphalt. (This
note is on drawing C1.3).
d. With a City monitor or representative present the Contractor shall:
Engineering and Construction Division
360 Bay Street, Suite 180 - Augusta, GA 30901
(706) 312-4132 - Fax (706) 312-4133
WWW.AUGUSTAGAGOY
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UTILITIES DEPARTMENT
N. Max Hicks, P.E.,RLS
Director
WesByne, PiE.
Assistaht Director
Phone: 706-312-4132
Fax: 706-312-4133
1) document the condition of structure adjacent to construction with photographs
and notes and
2) install 4' high moisture resistant plywood construction fence barrier 6" off of the
limit of house porch or the right-of-way which ever is closer to the edge of
roadway.
e. The Contractor shall complete an underground locate of the area via the Utilities
Protection Center.
f. With a City monitor or representative present, the Contractor shall perform an initial
exploratory hand excavation along the 40 foot porch frontage with the purpose of
exposing and providing an as-built survey of underground utilities such that the
horizontal and vertical location of all underground utilities located between the house
porch and the edge of pavement are indicated.
g. Based on the results of the exploratory hand excavation, the City and their
Consultant will propose an installation plan. The Contractor will be given the
opportunity to review and comment on this plan and, if necessary, modify the plan
according to hislher concerns and capabilities. The plan, with any proposed Contractor
revisions will be submitted to the City for final approval.
h. Final excavation for the 24" DIP installation shall proceed by hand with the existing
12" DIP being removed, as required. The City may direct backfill in this area with
Flowable Fill (Bid Item M-l).
i. The Contractor shall plug remaining abandoned 12" DIP at locations where 12" DIP
has been removed.
j. Payment related directly to the installation of24" DIP in this area shall be included in
Bid Items W-3I. As previously stated, flowable fill shall be paid for as directed by the
City under Bid Item M -1. Other work not related directly to the installation of the 24"
DIP shall be included in Bid Item LS-1 - Lump Sum Construction.
k. The above is a general guideline intended to result in a practical final installation
plan performed in a logical manner. 'The final method of installation will be the
Contractor's responsibility; consequ~ntly, the above procedure may vary based on
Contractor's final approved plan.
D. Drawing C3.1:
1. Detai18/C3.1: Remove "#67 stone bedding" from detail and Bid Items W-IA through W-
3J and insert "Foundation backfill (per Bid Item M-3) as approved and directed by the City
resident inspector".
2. Details 5 & 10/C3.1: Remove note "Pipe bedding per Augusta Utilities Department
Standards" and insert "Foundation backfill (per Bid Item M-3) as approved and directed by
the City resident inspector".
III. Property Restrictions:
Engineering and Construction Division
360 Bay Street, Suite 180 - Augusta, GA 30901
(706) 312-4132 - Fax (706) 312-4133
WWW.AUGUSTAGA.GOY
N. Max Hicks, P;E., RLS Wes Byne, P,E.
Director Assistant Director
Phone: 706-312-4132
Fax: 706-312-4133
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UTILITIES DEPARTMENT
A. Fulcher Family Partnership (T's Restaurant from beginning ofproject at Sta. 0+00 through
Sta. 4+00: Contact owner prior to entry (706-798-4145) and maintain access to site.
Comment: The project involves open cutting across through entrance drives. No more than
one entrance drive should be closed at one time. Access to all entrance drives should be re-
established at the end of a work day via travel over a temporary all-weather surface
(crushed) until paving can be accomplished. T's Restaurant is closed for business on
Wednesdays, which may present an opportunity to work with less restriction.
B Sprint Food Stores (Sta. 4+00 through Sta. 7+50): Maintain Access. Comment:
Directional Bore #1, including the use of the optional bore pit, will allow for undisturbed
access to the site.
C. Procter & Gamble - The Contractor shall coordinate with Procter & Gamble regarding the
following items:
1) Site security - The security provided by existing fenced areas between Sta. 26+50 and
Sta. 43+50 shall be coordinated with P& G security personnel. At a minimum, temporary
or permanent fence shall be re-established at the end of every work day.
2) Restoration - Between Sta. 8+00 and Sta. 26+50, see discussion on item II.A.3, above.
P&G's landscaper will place topsoil, fme grade, hydro seed application (mixture of
_ Bermuda and millet), and replace flowers and shrubs. .
3) P & G will not perform repairs to the irrigation system that exists between Sta. 8+00
and Sta. 26+50. P & G will be requested to mark irrigation piping locations. The
Contractor will be responsible to exercising due care in preventing damage to the irrigation
system. Where this is not possible, the condition will be brought to the attention of the
City:s resident inspector and an acceptable arrangement will be agreed upon to resolve the
conflict.
4) The Contractor shall reset any signs and fence in the same location. .
5) Temporary and permanent vegetation, soil erosion and sediment control, and general
site restoration shall be per plan for the remainder of the P & G property from Sta. 26+50 to
Sta.47+75.
6) Maintain use of entrance/exit drives to the plant at all times. C<::>mment: The main
entrance between Sta. 20+90 and Sta. 22+10 is traversed by a Jack & Bore #1. A remote
access driveway exists into the fenced area at Sta. 31+50. Access into this drive shouldbe
re-established at the end of the work day.
7) No site specific safety restrictions for construction work were requested by P & G.
D. Betha K. Toole Property located at the intersection of Dixon Airline Road and Mike
. Padgett Hwy: Do not encroach beyond the temporary easement and at the house porch do
Engineering and Construction Division
360 Bay Street, Suite 180 - Augusta, GA 30901
(706) 312-4132-Fax (706) 312-4133
WWW.AUGUSTAGA.GOY
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UTILITIES DEPARTMENT
N. Max Hicks,r;E.,RLS WesByne, P.E.
Director Assistant Director
Phone: 706-312-4132
Fax: 706-312-4133
not encroach beyond the right-of-way line or the porch line, whichever is closest to the
edge of pavement. Comment: See proposed work procedure under Item II.C.3, above.
E. Charlie E. Schlein Property: The drive located at Sta. 55+70 serves three (3) drives.
Comment: Coordinate with Owner such that the driveway is cut at a time that does not
interrupt needed ingress and egress. At a minimum, re-establish access to the site at the
end of work day.
F. Circle K Stor~s (Kayo Oil Company) located at Tobacco Road and Mike Padgett Hwy:
Maintain access. Comment: The site is presently vacant. Coordinate with the Owner to
provide access as needed. At a minimum, re-establish access to the site at the end of work
day.
IV. Submitted Questions and Answers:
A. Can the one mandatory directional drill crossing be completed as a jack and bore?
Answer: If the installation is done in two segments, utilizing the optional bore pit, the
straight section between Sta.4+36 and Sta. 6+65 may be a jack and bore installation. The
total price entered for bid item W-4C shall reflect one of the following options: a) one
continuous directional bore, b) a directional bore in two segments using the optional bore
pit, or c) a jack and bore segment using the optional bore pit followed by a directional
bore segment.
B. Has a directional drill of like size been conducted in the Augusta area using ductile iron pipe?
If so who performed the crossing?
Answer: We are not aware of a directional drill of like size having been completed in the
Augusta area.
C. STA 94+28 shows a connection that appears to include a 24" BFV, the note for this
connection states that the contractor is to provide necessary fittings. Does the 24" BFV exist 'or
will the contractor provide this valve?
. Answer: The 24" BFV exists. The Contractor will have to remove a temporary plug or cap to
tie-in to the existing 24" line. This connection is covered under bid item W-18D - Tie-in to
existing 24" line. There are two 24" tie-ins listed, the other tie-in is at Sta. 0+00. .
D. Bid items W-18B and W-18C appe~ to reference tie-ins at STA 8+15 (cord N=1234707.35
E=705525.85 & Sta. 104+15 (cord N=1225548.34 E=708043.10) respectively, yet the QTY on
the bid form is zero (0). Is this QTY correct?
Answer: Yes. Right angle connections into existing lines by a tapping valve and sleeve
connections are covered under Bid Items W-13A through W -13C for 12", 14" and 20" lines. As
clarification, the location for the 12" tie-in to existing (bid item W18A) is located at Sta. 55+40.
Engineering and Construction Division
360 Bay Street, Suite 180 - Augusta, GA 30901
(706) 312-4132-Fax (706) 312-4133
WWW.AUGUSTAGA.GOY
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Hwy 56 24" Water Main Extension
Project No. 10120
INDEX TO SPECIFICATIONS
Title
Invitation To Bid
Instruction To Bidders
Bid Form (Exhibit to Standard Form of Agreement)
Bid Bond
Standard Form of Agreement
General Conditions
Supplementary General Conditions
Notice of Award (DELETED)
Performance Bond
Payment Bond
Notice to Proceed
Application for Payment
Change Order
Certificate of Substantial Completion
Division 1
GENERAL REQUIREMENTS
01100
Summary
Division 2
SITEWORK
02050
02230
02240
02300
02510
02520
02920
Subsurface Conditions
Site Clearing
Dewatering
Earthwork
Water Supply Main
Directional Drilling
Grassing
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Invitation To Bid
Bids will be received at this office until 3:00 p.m., Tuesday, June 20, 2006
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Bid Item #06-138
Highway 56 - 24 Inch Water Main for Augusta Utilities'
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Bid's will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30911
706-821-2422
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Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street - Room 605, Augusta,
GA 30911. Plans and specifications for the project can be made available upon request to Imaging Technologies. The fees for the
plans and specifications which are non-refundable is $150.00 .
Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262 Merry Street, Augusta, GA
30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30904. It is the wish of the Ownerthat all businesses are given the
opportunity to submit on this project. To facilitate this policy, the Owner is providing the opportunity to view plans online
(wvvw.itreoro.com) at no charge through Imaging Technologies (706-724-7924) beginning Thursday, May 4, 2006. Bidders are
cautioned that submitting a package without review or Procurement of a complete set are likely to overlook issues of construction
phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project.
Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from
unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his
qualifications.
A Mandatory pre bid conference will be held on Tuesday, May 30, 2006 at 10:00 a.m. in the conference room of the
Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by fax at
706-821-2811 or by mail. The last day to submit questions is Friday, June 2, 2006 by 4:00 p.m. No bid will be accepted by fax,
all must be received by mail or hand delivered.
It is the wish of the Owner that minority businesses are given the opportunity to submit 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.
No bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to
be submitted in a separate envelope so marked along with the bidder's qualifications; a 100% performance bond and a 100%
payment bond will be required for award.
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Bidders will please note that the number of copies requested; all supporting documents including financial statements and references
and such other attachments that may be required by the bid are material conditions of the package. Any bid package found
incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been
improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee
of the Augusta Commission. Please mark bid number on the outside of the envelope.
. Bidders are cautioned that sequestration of bid documents through any source other than the office ofthe Procurement Department is
not advisable. Acquisition of bid documents from unauthorized. sources places the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
Augusta has a Link Deposit program designed to provide loans to eligible 10cal Small, Minority and Women OWned Businesses. For
more information about this program contact the Office of the Disadvantage Business Enterprise at 706-821-2406
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GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle
Metro Courier
May 4,11,18,25,2006
May 10, 2006
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cc:
Tameka Allen
Yvonne Gentry
Max Hicks
Wes Byne
Sean Barr
Interim Deputy Administrator
DBE Coordinator
Director Augusta Utilities
Augusta Utilities
Augusta Utilities
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SECTION IB
INSTRUCTION TO BIDDERS
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IB-01 GENERAL
All propo'sals 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.
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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.
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IB-02 EXAMINATION OF WORK
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Each bidder shall, by careful examination, satisfy himself as to the nature and location ofthe 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 ofthe Owner, either before or after the execution of,
the contract, shall affect or modify any of the terms or obligations therein.
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IB-03 ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to
any bidder orally.
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Every request for such interpretation should be in writing addressed to the ENGINEER, and to be
given consideration must be received at least five days prior to the date fixed for the opening of bids.
Any and all such interpretations and any supplemental instructions will be in the form of written
addenda to the specifications which, if issued, will be sent by certified mail with return receipt
requested to all prospective bidders (at the respective addresses furnished for such purposes), not later
than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such
addendum or interpretation shall not relieve such bidder from any obligation under his bid as
submitted. All addenda so issued shall become part ofthe Contract Documents.
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IB:'04 PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made' on bid forms should be initialed by' the person signing
the bid.
Bidders must quote on all items appearing on the bid forms, unless specific directions in the
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 shallinsert
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IB-2
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the words ',;no bid" where appropriate:
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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.
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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.
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IB-05 BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended, which will include and cover the
furnishing of all material and the performance of all labor requisite or proper, and completing of all the
work called for under the accompanying contract, and in the manner set forth and desyribed in the
specifications.
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Where estimated quantities are included in certain.items of the proposal, they are for the purpose of
comparing bids..While they are believedtobe 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.
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IB-06 BIDDER'S QUALIFICATIONS
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No proposal will be received from any bidder unless he can present satisfactory evidence that he is
skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all
obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a
separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable
information as to working capital available, plant equipment,. and his experience and general
qualifications. The Owner may make such investigations as are deemed necessary to determine the
ability of the bidder to perform the work and the bidder shall furnish to him all such additional
information and data for this purpose as may be requested. The Owner reserves the right to reject any
bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such
bidder is properly qualified to carry out the 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) finns or corporations for which the bidder has done similar work.
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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
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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 of the contract satisfactory to the Owner and authorized by
law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated
copy of the power of attorney.
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 in the best interest of the Owner.
IB-09 CONTRACT TIMES
Substantial completion of this project shall be 180 days after notice to proceed. Final completion shall be
30 days after substantial completion.
Substantial completion shall be defined as water main being in service.
. ...' ~
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MINORITY AND ECONO~IICALL Y DISADV ANT AGED BUSINESS SUPPORT
It is the intent ofthe 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.
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*' IS t.L1 )-r1-l .Cc~~tCVOP..s o}-J
BID FORM \...PAbE.OC?3cO-b L!JJ e...-~.
M I ...J....... ,,-1I"'~"'!L
~T'eM.s ..' -s df-"'Oih j
5 E.. 12. A5\"'~ \S. s; '*)~ . .
PROJECT IDENTIF1CATION: Highway 56-24" V{aterMainExtension, Project #10120 'lei. (J'
1 H .n A to A- 0 A.iE-
CONTRACT IDENTIFICATION AND NUMBER: Bid Item #
f.,
TillS BID IS SUBMITTED TO:
Augusta-Richmond County Commission
Augusta-Riclunond County Purchasing Department
530 Greene Street - Room 605
Augusta, GA 30911
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER
in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding
Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and
conditions of the Bidding Documents.
2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to
Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain
subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may
agree to in writing upon request of OVl1\'ER.
3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:
. A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified
in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.
Addendum No.
Addendum Date
NO.1
J UN~ 9 /2.00lD
B.
Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site
conditions that may affect cost, progress, and performance of the Work
c.
Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may
affect cost, progress and performance of the Work.
D.
Bidder has carefully studied all: (l)reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to tbe Site (except Underground Facilities) which have been
identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions,
and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been
identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions.
00300-1
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II W-1A
W-1B
1.1 W-1C
II W-1D
W-1E .
W-1F
II W-1G
W-1H
II W-11
W-1J
II W-2A
W-28
I I W-2C
W-2D
W-2E
I I W-2F
W-2G
I I W-2H
W-21
1'1 W-2J
W-3A
I I W-38
W-3C
II.
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AUGUSTA UTiliTIES DEPARTMENT
HWY 56 24" Water Main - Project #10120
1000/0 Construction Cost Estimate
line Item Not A licable u=
Line Item Not Applicable . LF
Line Item Not A licable LF
Line Item Not A Iicable LF
Line Item Not A licable LF
Line Item Not A licable LF
Line Item Not A licable LF
Line Item Not A licable LF
Line Item Not A licable LF
Line Item Not A Iicable LF
Line Item Not licable LF
Line Item Not A licable LF
Line Item Not A Iicabie LF
Line Item Not A licable LF
Line Item Not A Iicable LF
Line Item Not A licable LF
Line Item Not Ap Iicable LF
Line 1tem Not A licable LF
24" diameter ductile iron water transmission main 8,000 LF
Class 300, standard 'oint
Line Item Not A LF
Line Item Not A licable LF
Line Item Not A Iicable LF
Line Item Not A LF
~ ;
lC}~
(p ':> 2 000 ~
I
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4t?60.0~
W~3D 12" diameter ductile iron water transmission main 70
Class 350, restrained 'oint
W-3E 14" diameter ductile iron water transmission main 180
Class 350, restrained 'oint
W-3F Line Item Not A licable
W-3G 18" diameter ductile iron water transmission main 20
Class 300, restrained 'oint
W-3H Line Item Not A Iicable
W-31 24" diameter ductile iron water transmission main 2100
Class 300, restrained 'oint
W-3J Line Item Not
W-4A Jack & Bore No.1: Jack and Bore 36" diameter 120
steel casing. Minimum wall thickness 0.375
inch, with 24" diameter, Class 300, restrained
'oint ductile iron carrier pi e, end seals, included.
W-4B Jack & Bore No.2: Jack and Bore 36" diameter 130
steel casing. Minimum' wall thickness 0.375
inch, with 24" diameter, Class 300, restrained
'oint ductile iron carrier i e, end seals, included
W-4C Direction Bore # 1: Directional Bore 24" diameter 490
ductile iron restrained joint carrier pipe, drilling
fluid included.
W-5 Select backfill, GA DOT Type I, Class I & II 2500
(Sand/CIa - Measured b in- lace volume
W-6 Miscellaneous i 38,000
W.7 Line Item Not A licable
W-8 Fire hydrant, installed complete with valves, 12
fittings (tees), lead pipe, joint restraint, and.
blockin
W-9A Line Item Not Applicable
W-9S Line Item Not A licable
W-9C Line Item Not A licable
W-9D Line Item Not A licable
W-9E14" in"line butterfly valve, including valve box, 1
RJF's, installed, com lete, 0 en left
. W-9F Line Item Not
W-9G Line Item Not A licable
W-9H Line Item Not A licable
W-91 24" in-line butterfly valve, including valve box, 7
RFJ's, installed, com lete, 0
00300-4
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
CY
LBS
EA
EA
EA
EA
EA
EA
EA.
~~~
11) "1-
J 'LD~
I00'AI-
L}OO~
~o
f1-f!OOt --
Z4-o0~~
o
1~o?oo
4~poo tfJ
4 ().J 00
00 ' ~1,000-
~ 0042-
I'LO~
1-0<).
&0
ZC3lJo-
1,.000 '1
EA
EA'
EA
EA
1+1000
(
~O{)()O~
1 (pooo
30) IJ 00:-
1/CtJO;;
~(XJ.~ 31S-00b~
} ..,r CO
(;;I::, (j,
k .' ,''<;
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l:.}?~ s
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W-9J Line Item Not Applicable EA
W.10A Line Item Not Applicable EA
W-10B Line Item NotApplicable EA .
W-10C Line Item Not Applicable EA
W-100 . 12" in-line gate valve, including valve box, 1 EA l O/J{) ~ '2{J{)O~
installed, complete, open left. .
W-1 DE Line Item Not Applicable EA
W-10F Line Item Not Applicable EA
W-10G Line Item Not Applicable EA
'. W-10H Line Item Not Applicable EA ",.;
W-101 Line Item Not Applicable EA
W-10J Line Item Not Applicable EA
W-11A 3" Combination air/vacuum va!ve'@ 8ta. 15+70 1 EA q~~ ~~DOoa--
including in-line tee, fittings isolation valve,
precast vault, installed, complete per Detail
7JC3.2.
.
W-11B 3" Combination air/vacuum valve @ 8ta. 83+20 1 EA ,;0 qoo
including in-line tee. fittings: isolation valve. 9 {)o 0 ~ tQOO -'
precast vault, installed, complete per' Detail
7/C3.2.
W-12 Line Item Not Applicable EA
W-13A 12" x 12" (MJ) Tapping valve & sleeve with 1 EA 1f{)OfJ~ 01
RJF's, open left, includinq valve box. 100 0 -
W-13B 14" x 14" (MJ) Tapping valve & sleeve with 1 EA I 'U>OO ~ rf)
RJF's, open left. includino valve box. \1,000 ./
W-13C 20" x 18". (MJ) Tapping valve and sleeve with 1 EA ~UJoo""- lWOf{) ~
RJF's, open left, includinq valve box.
W-14 16" Pressure Reducing Valve @ 8ta. 82+60 1 EA bl~ fo150or/Y,
including bypass w/ plug valve & box, fittings
(tees and reducers), concrete vault complete per
Detail 13/C3.2.
W.15 Line Item Not Applicable EA
W-16 Line Item Not Aoplicable EA
Polvethvlene wrap of ductile iron water main 1, StJCl tJ-.I'
W-17 500 LF 5 , o.:J -
W-18A Tie-in to existinq 12" line 1 EA 1j30o~ 7CflJ 0 ~
W-188 Tie-in \0 existinq 14" line 0 EA
W-18C Tie-in to existinq 20" line 0 EA
W-180 Tie-in to existinq 24 n line 2 EA 0orJO ~ i (PO{)O 6!
W-19 Une Item Not Applicable EA i
W-20 Line Item Not Applicable EA I
. 00300-5
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P-3
P-4
P-5
P-6
P-7
P-B
P-9
P-10
Asphalt overlay, type F, 1 YS" thick minimum per 700 SY
Detail 5/C3.1.
Graded aggregate base, 10 ;!Z" thick, 7' wide and 100 SY 41~ 4 ~pOr;o-
asphalt patch 2 ~ " thick, including removal of 2
% n GAB and placement of bituminous tack coat
er Detail 5/C3.1.
Line Item Not licable Tons
Millin,O -1.5'''' 200 SY "IrO ...- ~
1:
Line Item Not A licable SY ~
*
6" thick concrete driveways, replace. in kind, 3000 50 SY 40 'U(}t) ~ ~~
simix . ~
I 2. 000 c1?. h:
& parking lot 500 SY 14- ~.~
~,
Line Item Not A Iicable LF
300 LF r(p~ 4s~o fT'J
Asphalt curb' and gutter removal &. replacement 100 LF liL~ (UJOJ,.
as a ro riate and necessa
I . ~J
&0
~,();!Zf@ -
d ~ / 4S0~
'* f2.~ V \SE.l) "ToTAl- ..i"f' J)7 (4) , ler;
~ -lJlf~~...
IN ITI r to:. .rt DATE. . .
F\owable Fill
CY
100 CY
1000 CY
3 ACRE
2000 LF
~
?C;POO~
3ffPOO -
(7J
IOOCV -
fRet) CJ ~
M-2
Rock excavation
M-3
Foundation backfill, GA DOT Type II, for
additional unclassified excavation
Clearin and Grubbin
Fence Removal . and Replacement, Neyv,
Replaced in Kind. along Procter & Gamble
pro ert & Toole Pro e
Rip Rap Ditch Repair (GA DOT Type 3) 12" min.
thickness, stone plain rip rap. Rip rap installed
on filter fabric.
300
SY
M-4
M-5
M-6
M-7
300 SY
Lump sum construction (Includes
limited to the listin continued below
1
LS
TOTAL
00300-6
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LUMP SUM CONSTRUCTION
. Mobilization, Demobilization
. Bonds, Insurance
. Gabion Retaining Walls
. Remove and reset fences, All types, not indicated to be removed & replaced on drawings
. Remove and reset gates, All types
. Remove and reset storm sewer, lengths & sizes vary
. X" <material> drain pipe
. Remove and reconnect water services
. Reconnect sanitary sewer services
. Reconstruct <material> wall, Height varies
. Remove and reset signs, type varies
. Remove and reset water sprinkler systems, complete
. Remove and reset water valve and/or meters, size varies
. Remove and reset yard lamps, type varies
. Remove and reset mailboxes, type varies
. Erosion and sediment control (temporary grassing, construction exits, rip-rap, misc. erosion control)
. ,'Silt Fence, Type "A"
. Silt Fence, Type KS"
. Silt Fence, Type "C"
. Traffic control
· Miscellaneous grading
. Permanent Grassing
. Raise manholes and valve boxes to grade
. Coordination with other utilities-gas, power~ communications, GA DOT, ete
Note to Bidders: For a complete description of Bid Items refer to the Technical
Specifications.
00300-7
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6.01
Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions.
, '
Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison
of Bids, and fma] payment for all Unit Price Bid items 'will be based on actual quantities provided, determined as
provided in the Contract Documents,
Bidder agrees that the Work will be substantially completed and completed and ready for final payment in
accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of
calendar days indicated in the Agreement
6.02
Bidder accepts the provisions' of the Agreement as to liquidated damages in the event of failure to complete
the Wark within the times specified above, which shall be stated in the Agreement.
00300-8
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7.01 The following documents are attached to and made a condition of this Bid:
A. Required Bid security in the form of Certified Bid Bond;
B..Financial experience and equipment statement per section IB-06 of Instructions to Bidders.
SUBMITTED on .J U t--.\ S m +h ,20 Q (P
If BIDDER is:
An Individual
tJ/A
(Name - type or print)
(Individual's Signature
Doing Business As
Business Address
Phone No
A Partnership
~/A
(Partne~hip Name - type or print)
(Signature of General Partner) (attach evidence of authority to sign)
Business Address
Phone No
A Corporation
~/A
(Corporation Name)
(State of Incorporation)
(Type - General8usiness, Professional, Service, limited liability)
(Signature) (atl(lch evidence of authority to sign)
(Name -type or print)
00300-9
( SEAL)
Fa)(No '
(SEA.L)
Fa)(No
(SEAL)
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(CORPORATE (SEAL)
(Tille - type or print)
(ATTEST
Signature of Corporate Secretary)
Business Address
Phone No
Fax No
Date of Qualification To Do Business
A Joint Venture
V~STEC
PWTECH
JO/\0T \][JJTU R.E
(SEAL)
l-tA Q:\ t:\ ELD
(Name - type or print)
PREC;I D E f'.J T
(TiUe - type or print)
1DI 6~ENE STrLEST
Business Address
AU0USTA CZlED rLblA
7 D [0, ~'Zr?' {pSO '2
t;UITE' IOD
30 CJ 0 1
7Dfp,. 'hlfb,lor;or;;
Phone No
Fax No
(Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a
party to the joint venture should be in the manner indicated above).
D0300-10
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.~AIA Document A31 om - 1970
I
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, ow ALL MEN BY THESE PRESENTS, that we '.
re insert full name;and address or legal title of Contractor)
iiiider the laws of the State of NJ as Surety, hereinafter
rmly bound unto
ess or legal title of Owner)
, the Obligee, in the sum of Ten Percent of the Bid Amount
ayment}!twhich sum well and truly to be made, the said
i~l~ils submitted a bid for
. ....~~,."w." ,c;- ~.:,.
!liame, addr cription ofproject)
. ',~,
" QW;' THS~F()gJ3;gt;{tli~:,9J?ligee shall accept the bid of the Principal and the
Pn~Cipal sh@' erii:efi~M?:"~:~9,D:g~ct with the Obligee in accordance with the terms of
.;c, su,Sh:bid, and give si:iS~Rq~g'qi;)b6nds as may be specified in the bidding or Contract
(;;::I:jJi1;:pocum~n~~,'flth.goodahd.sufficient surety for the faithful performance of such Contract
'c',;,,;:j,\'apd for tIJ:e:.t>fp'r,ript'p3:yment of labor and material furnished in the prosecution thereof, or
.,:~t::), iri)he eve~L~~;W~;f~!1\1re of the Principal to enter such Contract and give such bond or
, :'; bOi1ds, if th'eJ?ti~c,ip4,Fshall 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
.,.,Qblig(:~m~)j~l:J,good faith contract with another party to perform the Work covered by
:':rs'ai~:,b~d.;'the~,;tffi.s.' obligation shall be null and void, otherwise to remain in: full force and
[effec({":::)C';1~'jg::'.
,_ '.-. .:. . no ':._.:~: "...,..-...."'.><h.'
;. :", ~,.;;-. ,".~:.::",:.-.
, ",. <,-".,~~ ,,;, -:'~.'
.,. ,"/'- -<~: ""~.'.'"
.~',::~x.' -..... .
1'-;::":<; .....
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:.... ." :. '_.~~X::.:,' ::: '>' _",:>.. .
,..: ':.' ...,~::,,".,.,..._"::, r: . >".:.'... ,..
"':. '.; ,."......,,:...._.',~.,.. :F.-:;;'.~'
:. < ;; ~ ': ~ '. '. ~': ~'.'~:;::~:;'::',.. ~::'''',:::-. ~:; ';\'r
I
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AlA standard form. An Additions and
Oeietions Report that notes added
information as well as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AlA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
AlA Document A310'" -1970. Copyright @ 1963 and 1970 by The American Institute of Architects. All rights reserved. IN ARNING: This AlA"' Document
is protected by U,S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 15:33:47 on 06/19/2006 under Order No. 1000238554_1 which expires on 5/23/2007, and is not for resale.
User Notes: (116456185)
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I Signed imd sealed .~his Twentieth day of June,
1
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.:,~x:: ,.
1
Selective Insurance Company of America
(S~~A
-: ---
(Tit e)Edward P. Mooney, Attomey-In-
Fact
(Seal)
AlA Document A31 OTM - 1970. Copyright @ 1963 and 1970 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced
by AlA software at 15:33:47 on 06/19/2006 under Order No.1000238554_1 which expires on 5/2312007, and is not for resale.
User Notes: (116456185)
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Selective InsuTance Company of America
40 Wantage Avenue
Branchville, New Jersey 07890
973-948-3000
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Selective Insurance Company of America, a New Jersey cor-
poration having its principal office in Branchville, State of New Jersey, pursuant to Article VII, Section 13 of the By-
Laws of said Company, to wit: . .
"The Chairman of the Board, President, any Vice Presidents or the Secretary may, from time to time, appoint attor-
neys in fact, and agents to act for and on behalf of the Company and they may give such appointee such authority, as
his/her certificate of authority may prescribe, to sign with the Company's name and seal with the Company's seal,
bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or
conditional undertaking, and any of said Officers may, at any time, remove any such appointee and revoke the power
and authority given him/her.
does hereby make, constitute and appoint
EDWARD P. MOONEY, DEBORAH IDGHTOWER
its true and lawful Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed,
bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in the nature of a bond sub-
ject to the following ~imitations: NO ONE BOND TO EXCEED FIVE MILLION DOLLARS ($5,000,000.00)
and to bind the Selective Insurance Company of America thereby as fully and to the same extent as if such instruments
were signed by the duly authorized officers of the Selective Insurance Company of America, and all the acts of said
Attorney are hereby ratified and confirmed.
IN WITNESS WHEREOF, the Selective Insurance Company of America has caused these presents to be signed
by its Senior Vice President and its corporate seal to the hereto affixed this 19TH day of
JANUARY
2006
BY:
Stare of New Jersey
IN WITNESS WHEREOF, I have hereunto ser my hand and affixed my official seal ar Branchville, New Jersey rhis
day of JANUARY, 2006 JUDITH E. CHAMBERLAIN
Notary Public of New Jersey
Commission Expires 1011712008
The power of attorney is signed and sealed by facsimile under and by the authority 0
by the Board of Directors of Selective Insurance Company of America at a meeting
February 1987, to wit:
"RESOLVED, the Board of Directors of Selective Insurance Company of America authorizes and approves the use of
a facsimile corporate seal, facsimile signatures of corporate officers and notarial acknowledgements thereof on powers
of attorney for the execution of bonds, recognizances, contracts of indemnity and other writings obligatory in the
nature of a bond, recognizance or conditional undertaking......."
I. Patricia A. Fulkrod. Assistanr Secrerary of rhe Selective Insurance Company of America. do hereby certify rhar rhe above and foregoing is a rrue and correcr copy
of a Power of Atrorney execured by said Company which is srill in full force and effecr.
IN WITNESS wHEREOF. I have hereunto ser my hand and afflXed rhe seal of said Company ar Br
day of TllTIP 2006 .
New Jersey rhis '9t"n
'Q-d.,~
I . ~~
B-91 (IO{03) '. .. .. ..
he RED border on the lace of this document has a security VOID background pattern. If it is not RED and the word VOID IS VISible. thiS IS not a cerlifled copy. Telephone us at Area Code 973-948-3000.
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AGREEMENT
,
. THIS AGREEMENT, made on the l'ttr: day of A(j6v~ , 200v;, by and between
AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY
COMMISSION, p~rty of the first part, hereinafter called the OWNER, and
VAVJ'TeC PIWTE.rn -.JOINT VEHTU j2.\; 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 ofthe equipment and labor
necessary, and to perform all of the work shown on the plans and described in the specifications for the
project entitled:
"Hwy 56 24" Water Main Extension; Project No. 10120"
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 substantially
completed within 180 calendar days with all such extensions of time as are provided for in the General
Conditions. Substantial completion shall be defined as sewer being in service. Final completion shall be 30
days after substantial completion.
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 reas.onable 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 for the awarding of this contract, to pay the Owner the sum of one thousand ($1 ,000)Dollars,
not asa penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and
every calendar day that the Contractor shall be in default after the time stipulated in the Contract for
completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner
because of the impracticability and extreme difficulty of fixing and, ascertaining the actual damages the
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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 BID FORM and Schedule ofItems. No variations shall be made in the amount except as set forth
in the sp~cifications 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 TUn 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 of liens of evidence of payment of all such disputed amounts when
adjudicated in cases where such payment has not already been guaranteed by surety bond.
(C) The making and acceptance of the final payment shall constitute' a waiver ofall
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.
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(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 termiriating 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.
~; . _..,,;;q,.~~~~~1~~SS WHEREOF, the p~~ies hereto have executed this Agreement in three (3)
counte~~.\:e~.gfwh;i.cn~hall be deemed an ongmal, m the year and day first mentIoned above.
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Sept. ember 19. 2000
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 of clarifications of the Contract Documents which have been duly issued by
COUNTY 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 3.4 and 3.5 or after the Effective Date of the Agreement.
Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated
in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work).
Contract Time-The number of days (computed as provided in paragraph 17.2) or the date stated in the
Agreement for the completion of the Work.
CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement.
COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the
Augusta-Richmond County Commission, and its authorized designees, agents, or employees.
Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a
legal holiday that day will be omitted from the computation, Legal Holidays: New Year's Day, Martin Luther
King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday,
and Christmas Day.
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Defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or
deficient, or does not conform to the Contract Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged
prior to 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).
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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.
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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 the Augusta,
Georgia.
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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.
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General Requirements-Sections of Division I of the Specifications.
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Laws and Regulations: Laws or Regulations-Laws. rules, regulations, ordinances, codes and/or orders.
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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.
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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.
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OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission.
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Pat1ial Utilization-Placing a portion of the Work in service for the purpose for which it is intended for a related
purpose) before reaching Substantial Completion for all the Work.
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
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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.
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 COUNTY with architectural or engineering services, his
successor, or any other person or persons, employed by said COUNTY, for the purpose of directing or having
in charge the work embraced in this Contract.
Resident Project Representative-The authorized representative of PROFESSIONAL who is assigned to the
site or any part thereof.
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September 19. 2000
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 orwith 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, so that the Wor~ (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.
Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor.
Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasement containing such facilities which have been installed
underground to furnish any of the following services or materials, electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, sewage and drainage removal, traffic or other
control systems or water.
Unit Price Work-Work to be paid for on the basis of unit prices.
Work-The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as
required by the Contract Documents.
Work ~irective Change-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 Directive
Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that
the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract
Time as provided in Article 10.
Written Amendment-A written amendment of the Contract Docurnents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering
or nontechnical rather than strictly Work-related aspects of the Contract Documents. .
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ARTICLE 2-PRELlMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these
Contract Documents.
Copies of Documents:
2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1)
complete set of the Contract Documents for execution of the work. Additional sets of the project manual and
drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY
upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges
for printing and reproduction.
Commencement of Contract Time, Notice to Proceed:
2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed
may be given at any time after the Effective Date of the Contract.
Starting the Project:
2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall
be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR
prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR.
Before Starting Construction:
2.5. Before undertaking each part of the Work. CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall
be liable to OWNER for failure to report any conflict, effort, 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 PROJECT MANAGER for
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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
ite~s 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.
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Sept. ember 19, 2000
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 COUNTY 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, Project
Manager, 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, 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 Project Manager 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 to and acceptable to
Project Manager and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable
to Project Manager and PROFESSIONAL as providing an orderly progression of the Work to completion within
any speCified Milestones and the Contract Time, but such acceptance will neither impose on
PROFESSIONAL responsibility for the sequencing, scheduling or progress of the Work nor interfere with or
relieve CONTRACTOR from full responsibility therefor, The finalized schedule of Shop Drawing submissions
and Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for
reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by
PROFESSIONAL as to form and substance.
CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for
maintaining the schedule, including updating schedule. Schedule updates shall include progression of work as
compared to scheduled progress on work. Schedule updates shall accompany each pay request.
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AMENDING, REUSE
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ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
Intent:
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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.
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3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that
may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being
required to produce the intended result will be supplied whether or not specifically called for. When words or
phrases which have a well-known technical or construction industry or trade meaning are used to describe
Work, materials or equipment, such words shall be interpreted in accordance with that meaning.
3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the
Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between
the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code
or instruction (whether or not specifically incorporated by reference in the Contract Documents )and the
provisions of any such Laws or Regulations application to the performance of the Work (unless such an
interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided
in paragraph 9.4.
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3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or
association, or to the Laws or Regulations of any governmental authority, whether such reference be specific
or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect
at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as
may be otherwise specifically stated in the Contract Documents.
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3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any provision of any
such Law or Regulation applicable to the performance of the Work or of any such standard, specification,
manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to
PROFESSIONAL in writing at once and before proceeding with the Work affected thereby 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.
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Amending and Supplementing Contract Documents:
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3.6. The Contract Documents may be amended to provide for additions. deletions and revisions in the
Work or to modify the terms and conditions thereof in one or more of the following ways:
3.6.1. a formal Written Amendment,
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3.6.2. a Change Order (pursuant to paragraph 10.3), or
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3.6.3. a Work Directive Change (pursuant to paragraph 10.4).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed bya
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 certification (pursuant to paragraph 9.4).
Reuse of documents:
3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire
any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies oil any
thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall
not reuse such Drawings, Specificatiohs or other documents (or copies of any thereof) on extensions of the
Project or any other project without written consent of OWNER and PROFESSIONAL and specific written
verification or adaptation by PROFESSIONAL.
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ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
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A vailability 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.
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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.
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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 SUGh "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 ernployed 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 COUNTY notice thereof promptly
before conditions are disturbed and in no event later than 48 hours after first observance of the conditions.
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4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and, if
they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for,
performance of any part of the Work, the Project Manager and PROFESSIONAL shall recommend an
equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and
PROFESSIONAL determines that the conditions at the Site are not materially different from those indicated in
the Contract Documents or are not materially different from those ordinarily found and that no change in the
terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in
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writing. The Work shall be performed after direction is provided by the PROFESSIONAL.
Physical Conditions-Underground Facilities:
4:3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the site is based on information and data
furnished to OWNER or PROFESSIONAL by OWNERs 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 OWNERs of
such Underground Facilities during construction. for the safety and protection thereof as provided in paragraph
6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as
having been included in the Contract Price.
4.3.2. Not Shown or 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 he
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 layi.Qg 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.
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
4.5 COUNTY shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or
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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.
COUNTY shall not be responsible for any such materials brought. to the site by CONTRACTOR,
Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible.
4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition
and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and
PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with
PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous
condition or take corrective action, if any, CONTRACTOR 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.
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4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such
Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous
conditions or in such affected area to be deleted from the Work. If COUNTY 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. COUNTY may have such deleted portion of the Work performed by COUNTY's own forces
or others in accordance with Article 8.
4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum,
Hazardous Waste or Radioactive Material uncovered or revealed at the site.
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September 19, 2000
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 atleast until one yea rafter 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 Reputation or by the Contract Documents
and be executed by such sureties as are named in the current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published
in Circular 570 (amended) by the Audit Staff Bureau of 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 a bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is located or it
ceases to meet the requirements of paragraph 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 efTlployed by any of
them to perform or furnish 'any of the Work, or by anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation. disability benefits and other similar
employee benefit acts;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of
CONTRACTOR's employees;
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5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other
than CONTRACTOR's employees;
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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;
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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;
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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.
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The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less
than the limits of liability and coverages provided in the 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 lot 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 veal thereafter.
Contractual Liability Insurance:
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5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual
liability insurance applicable to CONTRACTOR's obligations under P?ragraphs 6.32 and 6.33.
Owner's Liability Insurance:
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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 aswill
protect OWNER against claims which may arise from operations under the Contract Documents.
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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 ih the Supplementary Conditions or required by Laws and
Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors,
PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall
be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage
and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious
mischief, collapse and water damage, and such other perils as may be provided in the Supplemer1tary
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September 19. 2000
Conditions, and shall include damages, losses and expenses arising out of or resulting fromany 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"
insuran.ce 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 against the
Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in
such policies for losses and damages so caused. As required by paragraph 6.11. each subcontract between
CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of
OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all 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 additional. insureds, and if the insurers require separate waiver forms to be signed by
PROFESSIONAL or PROFESSIONAL's consultant OWNER will obtain the same, and if such waiver forms are
required of any Subcontractor, CONTRACTOR will obtain the same.
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September 19, 2000
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be
adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may
appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall
deposit in a separate account any money so received, and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work
shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost
thereof covered by an appropriate Change Order or Written Amendment.
Receipt and Application of Insurance Proceeds
5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one
of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's
exercise of this power. If such objection be made, OWNER as trustee shall make settlement with the insurers
in accordance with such agreement as the parties in interest may reach. If required in willing 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 OWN ER in writing
thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with
paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in
respect of insurance provided by each as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of
such insurance purchased by the other as complying with the Contract Documents.
Partial Utilization-Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with
paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or
policies, but the property insurance shall not be canceled or lapse on account of any such partial use or
occupancy.
Indemnification
5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY, 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 performa'lce of its Work, provided that any such
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, Septew.ber 19. 2000
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 and 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 COUNTY or any of its agents or employees by any employee of
CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall
not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or
other employee benefit acts.
5.16.3. CONTRACTOR shall indemnify and hold harmless COUNTY and anyone directly or indirectly
employed by it from and against all claims, suits, demands, damages, losses expenses (including attorney's
fees) arising out of any infringement or 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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Sept.ember 19. 2000
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ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
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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 whiten 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.
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,
initialoperation, and completion of the Work as required by the Contract Documents.
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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.
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided m
the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory, evidence
including reports of required tests) as to the kind and quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with
the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no
provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's
consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of
the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or
9.15.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in
paragraph 2.9) adjustments in the progress schedule to reflect the impact thereon of new developments; these
will conform generally to the progress schedule then in effect and additionally will comply with any provisions
of the General Requirements applicable thereto.
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Substitutes or "Or-Equal" Items:
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Sept:ember 19, 2000
6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to
establish the type, function and quality required. Unless the name is followed by words indicating that no
substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if
sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material
or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL
will include the following as supplemented in the General Requirements. Requests for review of substitute
items of material and equipment will not be accepted by PROFESSIONAL from anyone other than
CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment,
CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the
proposed substitute will perform adequately the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that specified.
The application will state that the evaluation and acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute
for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and
whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any
license fee or royalty. All variations of the proposed substitute from that specified will be identified in the
application and available maintenance, repair and replacement service will be indicated. The application will
also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such
substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of
which shall be considered by PROFESSIONAL In evaluating the proposed substitute, PROFESSIONAL may
require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. . ,
6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or
required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction acceptable to 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 theGen-
eral 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 OWNERfor 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
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
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other p~rsons or organizations including those who are to furnish the principal items of materials and
equipment} to be submitted to OWNER in advance of the specified date 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 falling 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 ,n the cost occasioned by such substitution and an appropriate Change Order will be issued or
Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor,
Supplier or other person or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL
to reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and
omissions of the Subcontractors, Suppl iers and other persons and organizations performing or furnishing any
of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual
relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part, of OWNER or PROFESSIONAL to payor to see to
the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as
may otherwise be required by Laws and Regulations.
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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 Documen!s for the benefit of OWNER and PROFESSIONAL
and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a
just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued
pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use
in the performance of the Work or the incorporation in the Work of any invention, design, process, product or
device which is the subject of patent rights or copyrights held by others. CONTRACTOR Shall indemnify and
hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either of them from
and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs
arising out of any infringement of patent rights or copyrights incident to the use in the performance or the
Work or resulting from the incorporation in the Work of any invention, design, process, product or device not
specified in the Contract Documents, and shall defend all such claims in connection with any alleged
infringement of such rights.
Permits:
6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges
and inspection fees, and all public utility charges which are applicable and necessary for the execution of the
Work. All permit costs shall be included in the base bid. Permits, if any that are provided and paid for by
OWNER are listed inthe 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.
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September 19.2000
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and
Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations. .
6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such
laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes
shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or
should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to
the Project Manager, it shall bear all related costs.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable
during the performance of the Work.
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Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by the
Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and
easements. CONTRACTOR shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is
solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from
, the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any such
owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR
shall to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER harmless from and
against all claims, damages, losses and expenses (including, but not limited to, fees of PROFESSIONAls,
. architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or
consequentially out of any action, legal or equitable, brought by any such other party against OWNER to the
extent based on a claim arising out of CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris or contaminates resulting from the Work. At the
completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about
the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials,
and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original
condition all property not designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall CONTRACTOR subject any pan of the Work or adjacent property to
stresses or pressures that will endanger them.
Record Documents:
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September 19. 2000
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 joss to:
6.20.1. all employees on the Work and other persons and organizations who may be affected
thereby:
6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the site; and
6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation
or replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for
the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain
all necessary safeguards for such safety and protection. CONTRACTOR shall notify OWNERs of adjacent
property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal, relocation and replacement of their property, All
damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly,
in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly
or indirectly employed by any of them to perform or furnish any 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.
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September 19. 2000
Emergencies:
6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site
or adjacent thereto, CONTRACfOR, without special instruction or authorization from PROFESSIONAL or
OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACfOR shall give
PROFESSIONAL prompt written notice if CONTRACfOR 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 Directive Change 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 personal
injuries to any person on the Site, whether or not such person was engaged in the construction of the Project,
and shall file a written report on such person(s) and any other event resulting in property damage of any
amount within five (5) days of the occurrence.
6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because
of the action taken by CONTRACfOR 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, CONTRACfOR 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 CONTRACfOR 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, CONTRACfOR 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. CONTRACfOR will make any corrections required by
PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACfOR's stamp
of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and County that
CONTRACfOR 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 CONTRACfOR at the site and shall be available to PROFESSIONAL and County staff.
, 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.
6.25.1. Before submission of each Shop Drawing or sample CONTRACfOR 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
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with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents.
6.25.2. At the time of each submission, CONTRACfOR 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. 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 CONTRACfOR at the site and shall be available to PROFESSIONAL and Project
Managery staff. 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.
6.28. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACfOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACfOR has in
writing called PROFESSIONAL's attention to each such variation at the time of submission and the Project
Manager has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not
relieve CONTRACfOR from responsibility for errors or omissions in the submittals.
6.29. Where a shop drawing or sample is required by the Contract Documents or the schedule of
shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work performed
prior to Professional's review and approval of the pertinent submittal will be at the sole expense and
responsibility of Contractor.
Continuing the Work:
6.30. CONTRACfOR 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 CONTRACfOR and OWNER may otherwise agree
in wilting.
Cleaning Up:
6.31. CONTRACfOR shall maintain the site free from accumulations of waste materials, rubbish, and
other debris or contaminates resulting from the work on a daily basis or as required. At the completion of the
work, CONTRACfOR 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, CONTRACfOR's failure to maintain
the site may result in withholding of any amounts due CONTRACfOR. CONTRACfOR will restore to original
condition those portions of the site not designated for alteration by the Contract Documents.
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Sepcember 19, 2000
Indemnification:
632. To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and
hold harmless OWNER 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 PROFESSIONAls, architects, attorneys and other PROFESSIONALs and court and arbitration costs)
arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or
expense (a)is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible ,
property (otherthan the Work itself) including the loss of use resulting therefrom and (b) is caused in whole
or in pan 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 regan;lless of the negligence of any such party.
6.33. In any and all claims against OWNER or PROFESSIONAL or any of their consultants, agents or
employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of
them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization under workers' or workmen's compensation acts.
disability benefit acts or other employee benefit acts.
6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of
PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or approval
of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications.
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September 19, 2000
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 ailed 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
pans 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 CON)"RACTOR 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 or' 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 at the site, the
person or organization who will have authority and responsibility for coordination of the activities among the
various prime' contractors will be identified in the Supplementary Conditions, and the specific matters to be
covered by such authority and responsibility will be itemized, and the extent of such authority and
responsibilities will be provided, in the Supplementary Conditions. Unless otherwise .provided in the
Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in
respect of such coordination.
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September 19, 2000
ARTICLE 8---0WNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, COUNTY shall issue all
communications to CONTRACTOR through the Project 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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September 19. 2000
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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 tire Work.
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project
Representative to assist PROFESSIONAL in observing the performance of the Work. The duties,
responsibilities and limitations of authority of any such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the
site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of
such other person will be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably
requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of
. the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to
an increase in the Contract Price, and/or Contract Time, CONTRACTOR may make a claim as provided for in
Articles 11 or 12..
Authorized Variations in Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order
and will bc 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 unableto agree as to the amount or extent thereof. CONTRACTOR may
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September 19, 2000
make a claim therefor as provided in Article 11 or 12.
Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes
to be defective, and will also have authority to require special inspection or testing of the Work as provided in
paragraph 13.9, whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.29 inclusive.
9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11
and 12.
9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment, etc.,
see Article 14.
Determinations for Unit Prices:
9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary
determinations on such matters before rendering a whiten 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 whiten notice of
intention to appeal from such a decision.
Decisions on Disputes:
9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents
and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to
the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes m the
Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a
formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a
reasonable time, Written notice of each such claim, dispute and other matter will be delivered by the claimant
to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after
the occurrence of the event giving rise thereto, and' written supporting data will be submitted to
PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an
additional period of time to ascertain more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL
will not show partiality to OWNER o'r CONTRACTOR and will not be liable in connection with any interpretation
or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant
to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have
been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a
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condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may
otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim,
dispute or other 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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Sept. ember 19, 2-000
ARTICLE lO--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 Project Manager 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 Project Manager 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 of the Contract Time, except in the
case of an emergency as provided in Article 7. 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. .
10.4. In the absence of an agreement as provided in 11.1.3, OWNER may, at its sole discretion issue
a Work Directive Change to CONTRACTOR. Pricing of the Work Directive Change will be in accordance with
Section 12.1.3. The Work Directive Change will specify a price, and if applicable a time extension, determined
to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Directive Change, 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 Construction Change Directive.
10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. If notice of any change affecting the general scope of the Work or the provisions of the
Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the
provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's
responsibility, and the amount of each applicable Bond will be adjusted accordingly.
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ARTICLE 11-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to written authorized
adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any
claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party
. making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days)
after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of
the amount of the claim with supporting data shall be delivered within sixty days after such occurrence
(unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the
claim and shall be accompanied by claimant's written statement that the amount claimed covers all known
amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of
said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No
claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph
11.2.
11.3. The value of any Work covered by a Change Order or of any claim for an 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 iUs determined by OWNER that an addition, deletion, or revision to the Work as
defined in these Contract Documents is required and affects the quantities required for items designed in the
Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to
CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the
application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item
required to complete the Work as defined in the Contract Documents.
11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and
CONTRACTOR may establish unit prices as agreed on by Change Order.
11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the
Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the
amount of increase or decrease in the lump sum price shall be established by mutual agreement of the
parties.
11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree
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September 19. 2000
on a price for the changed work, a reasonable price for the same shall be established by OWNER in
accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the said
reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in
the Change Order.
. 11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions
within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional
costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all
at the discretion of OWNER. Determinations of aggregate monetary change for items identified as lump sum
quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to
construct to plan or authorized dimensions.
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by
OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for
employees not employed full time on the Work shall be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits
which shall include social security contributions, unemployment, excise and payroll taxes, workers' or
workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make
payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds
and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall
make provisions so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors
acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determine, with the advice of
PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on
the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the
same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but not limited to PROFESSIONAL's architects, testing
laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work.
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11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers,
which are consumed in the performance of the Work, and cost less market value of such items used but not
consumed which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and machinery and the pans 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 of
the Work (except losses and damages within the deductible amounts of property insurance established by
OWNER in accordance with paragraph 5.6). provided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such losses shall 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.
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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 the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the
Work and premiums of property insurance coverage within the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.6.
11.5. The term Cost of the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers, PROFESSIONALs; architects, estimators, attorneys,
auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other
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September 19, 2000
personnel employed by CONTRAcrOR whether at the site or in CONTRAcrOR'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 l1.4.4--all of which are to
be considered administrative costs covered by CONTRAcrOR's Fee.
11.5.2. Expenses of CONTRAcrOR's principal area branch offices other than CONTRAcrOR's office at
the site.
11.5.3. Any" part of CONTRAcrOR's capital expenses, including interest on CONTRAcrOR'S capital
used for the Change Order Work and charges against CONTRAcrOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRAcrOR 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 CONTRAcrOR, 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. CONTRAcrOR's Fee allowed to CONTRAcrOR for overhead and profit shall be determined as
follows:
11.6.1. a mutually acceptable fixed fee; or if none can be agreed upon.
11.6.2. a fee based on the following percentages of the various portions or' the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRAcrOR's Fee shall be fifteen
percent:
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRAcrOR'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 CONTRAcrOR 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 CONTRAcrOR to OWNER for any such change which,
results in a net decrease in cost will be the amount of the actual net decrease plusa deduction in CONTRAC-
TOR's Fee by an amount equal to ten percent of the net decrease: and
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11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4, inclusive.
11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with
supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the
amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net
decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project
Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved
in any change, the combined overhead and profit shall be calculated on the basis of the next 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.
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September 19, \2000
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 partes 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 Project Manager within seven
(7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be
submitted to PROFESSIONAL and Project Manager within fifteen (15) calendar days after such occurrence
unless the Project Manager 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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Septembe:: 19, 2000
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 Docl:lments 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
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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.
13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals
by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in
accordance with the requirements of the Contract Documents.
Uncovering Work:
13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the
prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of
PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection,
testing or approval and replaced at CONTRACTOR's expense.
13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by
PROFESSIONAL or inspected or tested by others. CONTRACTOR, at PROFESSIONAL's request, shall uncover,
expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require, that
portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that
such Work is defective, CONTRACTOR shall bear all direct, and consequential costs of such uncovering, expo-
sure, 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, 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, all 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 Workof others destroyed
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September 19, 2000
or damaged by the correction, removal, or replacement of the defective Work.
One Year Correction Period:
13.12. If, after approval of final payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Documents, any Work or materials are found to be
defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such
defective Work, or if it has been rejected by OWNER, remove it from the Site and replace it with non-
defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may
have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such
removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys
and other PROFESSIONALs) will be paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER
(and, prior to PROFESSIONAL's recommendation of final payment, also 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
PROFESSIONALs, 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 panics 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 and 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 exercisi{lg 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 CON-
TRACTOR'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
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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 PROFESSIONALs, architects, attorneys and other
PROFESSIONALs, all court costs and all costs of repair and replacement of work of others destroyed or
damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not
be allowed an extension of the Contract Time because of any delay in performance of the Work attributable
to the exercise by OWNER of OWNER's rights and remedies hereunder.
Neglected Work by CONTRACTOR
13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents,
including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a
recovery plan and take specific correctiveactions including, but not limited to, employing additional workmen,
and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put
the Work back on schedule. If CONTRACTOR fails to correct the deficiency or take appropriate corrective
action, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and
have the Work done by others. The cost of completion under such procedure shall be charged against
CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract
Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are
not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs
to OWNER of associated inspection, construction management and resident PROFESSIONALs shall be
identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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September 19, 2000
ARTICLE 14-PA YMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress
payments and will be incorporated into a form of application for Payment acceptable to Project Manager.
Progress payments on account of Unit Price Work will be based on the number of units completed.
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date established for each progress payment (but
not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application
for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the
application and accompanied by such supporting documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and
suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the
materials and equipment free and clear of all liens and evidence that the materials and equipment are
covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of
which will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held
until the final payment or acceptance by OWNER. The amount of retainage with respect to progress payments
will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered
by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than
, the time of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or
return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit
the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for
payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount
recommended.
14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment will
constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site observations of
the Work in progress as an experienced and qualified design PROFESSIONAL and on PROFESSIONAL's review
of the Application for Payment and the accompanying data and schedules that the Work has progressed to
the point indicated; that, to the best of PROFESSIONAL's knowledge, information and belief, the quality' of
the Work is in accordance with the Contract Documents subject to an evaluation of the Work as a functioning
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whole prior to or upon Substantial Completion, to the results of any 'subsequent tests called for in the
Contract Documents, to a final' determination of quantities and classifications for Unit Price Work under
paragraph 9.10. and to any other qualifications stated in the recommendation^': and that CONTRACTOR is
entitled to payment of the amount recommended. However, by recommending any such payment
PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous on-site
inspections have been made to check the quality or the quantity of the Work beyond the responsibilities
specifically assigned to PROFESSIONAL in the Contract Documents or that 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 set-off
against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a
copy to PROFESSIONAL) stating the reasons for such action.
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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 con-
sider 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
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September 19. 2000
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 that the Work is not substantially complete,
PROFESSIONAL will within fourteen days after submission of the tentative certificate to OWNER notify
CONTRACTOR in writing. stating the reasons therefor. If, after consideration of OWNER's objections,
PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days
execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or corrected) reflecting such changes from the tentative
certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Completion PROFESSIONAL will deliver to OWNER and
CONTRACTOR a written recommendation as to division of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance
and warranties. Unless OWNER and CONTRACTOR agree otherwise in wilting and so inform PROFESSIONAL
prior to PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's afore-
said recommendation will be binding on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRACTOR from the Work ~fter the date of
Substantial Completion, but OWN ER 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 theWork which (i)
has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR
agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its
intended purpose without significant interference with CONTRACTOR's performance of the remainder of the
Work, maybe 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 inspec-
tion of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that
part of the Work to be substantially complete, PROFESSIONAL will notify. OWNER and CONTRACTOR in
writing giving the reasons therefor. If PROFESSIONAL considers that part o(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. Acopy of such request will
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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
will prepare a list of the items remaining to be completed or corrected thereon before final payment. If
CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the Work is not
ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or
corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as
to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to
security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the
Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writing and so informed PROFESSIONAL). During such
operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on said list and to complete other related Work.
14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed 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 deficiencies.
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 County, CONTRACTOR may furnish receipts or release in full and an affidavit of
CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a
lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with
the Work for which OWNER or OWNER's property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full,
CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any
lien.
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14.12.1. No application for final payment will be accepted by OWNER until approved as-built
documents by CONTRACTOR are accepted and approved by PROFESSIONAL.
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September 19, 2000
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 p~oject.
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, within ten (10) working days after receipt of the final Application for Payment, indicate in
writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment.
At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to
CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to
OWNER of the application and accompanying documentation, in appropriate form and substance and with
PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL
will become due and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and
if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment
and recommendation of PROFESSIONAL, and without terminating the Agreement, make payment of the
balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held
by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and
if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to
PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. Neither recommendation of any progress or final payment by PROFESSIONAL,
nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR
under the Contract Documents, nor any use or 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
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September 19, 2000
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 CONTRACTORr except claims arising from
unsettled Iiensr 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 thereinr or from
CONTRACTORrs continuing obligations under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in
writing and still unsettled.
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ARTICLE lS--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 wilting to CONTRACTOR and PROFESSIONAL which will fix
the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed.
CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or
both, directly attributable to any suspension if CONTRACTOR makes an 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
152.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract
Documents,
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Sept.ember 19, 2000
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to
the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude'
CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and use the same to the full extent they could be used by
CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all
materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored
elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be
entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees
and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and arbitration
costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by
PROFESSIONAL and incorporated in a Change Order, but when exercising any 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 of terminated contracts with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not
affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue.
Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from
liability.
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CONTRACTOR May Stop Work or Terminate:
15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than
ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails
to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one
days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven
working days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not
remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER
payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty
days after it is submitted, or OWNER has failed for thirty-one days after it is submitted, or OWNER has failed
for thirty-one calendar days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may
upon seven day's written notice to OWNER and PROFESSIONAL stop the Work until payment of all such
amounts due CONTRAcrOR, including interest thereon. The provisions of this paragraph are not intended to
preclude CONTRAcrOR from making claim under Articles 11 and 12 for an increase in Contract Price or
Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the
obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without
delay during disputes and disagreements with OWNER.
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ARTICLE 16--DISPUTE RESOLUTION
16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or
both, or extra work, and .all claims for alleged breach of contract shall within ten (10) working days of the
commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining
to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state
the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope.
In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the
time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a
continuing character and notice of the claim is not given within ten (10) working days of its commencement,
the claim will be considered only for a period commencing ten (10) working days prior to the receipt by
OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by
registered or certified mail, return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising
out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in
the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to
jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest
same.
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ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it
will be deemed to have been validly given if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified
mail, postage prepaid, to the last business address known to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the Contract Documents by days, it will be
computed to exclude the first and include the last day of such period. If the last day of any such period falls
on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall
constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any
error, omission or act of the other party or of any of the other party's employees or agents or others for
whose acts the other party is legally liable, claim should be made in writing to the other party within a
reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or
repose.
17.4. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees
and obligations imposed upon CONTRACTOR by paragraphs 6.32,13.1,13.12,13.14,14.3 and 15.2 and all of
the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are not
to be construed in any way as a limitation of, any rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with each particular duty, 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 five (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 right to
obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the
aforesaid records and supporting documentation.
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Sept.ember 19, 2000
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the
Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract
Documents shall control.
17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR
specifically waives any claim to same.
Substitutions:
17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of
materials that are not determined to be equivalent to those indicated or required in the
contract documents without an amendment to the contract.
Sanitary Sewer Overflow Prevention:
17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to waters
of the State is a violation of Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This
plan will include a list of key personnel with 24-hour contact information who will respond during an
emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite.
Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT
REPRESENTATIVE prior to implementation.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans
and supporting calculations must be submitted to the Augusta Utilities Department for review prior to
establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if
failure of the primary pumping system could result ina 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 releveant information regarding the incident including specific actions
taken by the CONTRACTOR and estimates of the discharge volume.
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September 19,200?
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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17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the Superintendent of
Construction and Maintenance, 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.
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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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SC-l.
SC-2.
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SC-3.
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SC-4.
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SC-5.
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SUPPLEMENTARY GENERAL CONDITIONS
These supplementary conditions amend or supplement the Standard General Conditions of the
Construction Contract and other provisions of the Contract Documents as indicated below. All
provisions which are not so amended or supplemented remain in full force and effect.
The terms used in the supplementary condition which are defined in the Standard General
Conditions to the Construction Contract have the meanings assigned to them in the General
Conditions.
Revise paragraph 2.7 in its entirety and insert the following.
Before any work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy
to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which
CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and
5.4.
Amend paragraph 4.2.1
Add: Soil boring report is not available.
The limits ofliability for the insurance required by paragraph 5.3 of the General Conditions shall
provide coverage for not less than the following amounts or greater where required by Laws and
Regulations:
a. Policies, Certificates, Limits and Disposition of Documents. - The Contractor shall obtain at
his expense insurance with limits as shown hereinbelow unless the Contractor desires to
broaden the limits and obtain more protection.
[1] OWNER'S PROTECTIVE LIABILITY INSURANCE - Taken out in name ofthe
owner as insured. (See Invitation to Bid for exact legal name of owner.)
Bodily injury, including death -limits of $1,000,000.00 for each person and
$2,000,000.00 for each accident.
Property damage -limits of $500,000.00 for each accident and $1,000,000.00 for
the aggregate of operations.
DISPOSITION: Original policy must be deposited with owner prior to
commencement of work.
[2] CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE - Taken out in the
name ofthe Contractor.
Bodily injury, including death -limits of $1,000,000.00 for each person and
$2,000,000.00 for each accident.
Property damage -limits of $500,000.00 for each accident and $1,000,000.00 for
the aggregate of operations.
DISPOSITION: Certificate of insurance must be sent to owner prior to
commencement of work.
[3] CONTRACTOR'S PUBLIC LIABILITY INSURANCE - Taken out in the name of
the Contractor.
Bodily injury, inclu,ding death -limits of $1,000,0'00.00 for each person and
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[4]
$2,000,000.00 for each accident.
Property damage - limits of $500,000.00 for each accident and $1,000,000.00 for
the aggregate of operations.
DISPOSITION: Certificate of insurance must be sent to Owner prior to
commencement of work.
BUILDER'S RISK INSURANCE - Payable to the Contractor and Owner, as their
interests may appear, upon the entire structure and upon all materials in or adjacent
thereto which are to be made a part of the insured structure to 100% of the insurable
value thereof covering fire, extended coverage, vandalism and malicious mischief.
DISPOSITION: . Original policy must be deposited with Owner prior to
commencement of work.
b.
Acceptability of Insurers to Owner. - No insurance will be acceptable unless written by a
company licensed by the State Insurance Commissioner to do business in Georgia at the time
the policy is issued, and the company must in addition be acceptable to the Owner. To avoid
inconvenience, any general contractor or subcontractor must get in touch with the Owner to
determine whether the insurance company or companies he expects to use is or are acceptable
to the Owner. All policies and certificates must be signed or countersigned, as the case may
be, by resident Georgia agents.
c.
Termination of Obligation to Insure. - Unless otherwise expressly provided to the contrary, the
obligation to insure as prescribed herein shall not terminate until the Engineer shall have
executed the final certificate.
d.
Contractor shall purchase and maintain during the full course of construction "All Risk"
Builder's Risk Insurance coverage which names the Contractor, Owner and Engineer as co-
insured.
e.
The Contractor will turn over areas completed for construction prior to substantial completion.
Contractor shall maintain insurance on work he performs within "battery limits".
SC-6. Add to paragraph 6.8.2.
SC-7.
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The CONTRACTOR shall identify any SUBCONTRACTOR performing more than 20% of
the overall project costs, within two (2) days of being notified that the CONTRACTOR is the I
apparent low bidder.
Add paragraph 7.5
7.5. Should CONTRACTOR cause damage to the work or property of any separate
contractor at the site, or should any claim arising out of CONTRACTOR's
performance of the Work at the site be made by any separate contractor against
CONTRACTOR, OWNER, ENGINEER, the Construction Coordinator or any other
person, CONTRACTOR shall promptly attempt to settle with such other contractor
by agreement, or to otherwise resolve the dispute by arbitration or at law.
CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations,
indemnify and hold OWNER, ENGINEER and the Construction Coordinator
harmless from and against all claims, damages, losses and expenses (including, but
not limited to, fees of engineers, architects, attorneys and other professionals and "
court and arbitration costs) arising directly, indirectly or consequentially out of any
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action, legal or equitable, brought by any separate contractor against OWNER,
ENGINEER, or the Construction Coordinator to the extent based on a claim arising
out of CONTRACTOR's performance of the Work. Should a separate contractor
cause damage to the Work or property of CONTRACTOR or should the
performance of Work by any separate contractor at the site give rise to any other
claim, CONTRACTOR shall not institute any action, legal or equitable, against .
OWNER, ENGINEER or the Construction Coordinator or permit any action against
any ofthem to be maintained and continued in its name or for its benefit in any court
or before any arbiter which seeks to impose liability on or tore cover damages from
OWNER, ENGINEER or the Construction Coordinator on account of any such
damage or claim. If CONTRACTOR is delayed at any time in performing or
furnishing Work by any act or neglect of a separate contractor and OWNER and
CONTRACTOR are unable to agree as to t he extent of any adjustment in Contract
Time attributable thereto, CONTRACTOR may make a claim for an extension of
time in accordance with Article 12. An extension of the Contract Time shall be
CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and
Construction Coordinator for any delay, disruption, interference or hindrance caused
by any separate contractor. This paragraph does not prevent recovery from
OWNER, ENGINEER or Construction Coordinator for activities that are their
respective responsibilities.
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Performance Bond
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Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
I V ASTECH PROTECH JOINT VENTURE
701 Greene Street Suite 100
Augusta, Georgia 30901
OWNER (Name and Address):
I Augusta-Richmond County Consolidated Government
530 Greene St
Augusta, GA 30911-4430
SURETY (Name and Address of Principal Place
of Business):
I
CONTRACT
Date:
Amount: $1,774,450.00
Description (Name and Location): Hwy 56 24" Water Main Extension, Project #10120.
Approximately 11,000 linear feet of water main including approximately 10,500 linear
feet of 24" ductile iron pipe with two (2) jack and bores and one (1) directional boring,
and the remainder being 12", 14" and 18" ductile pipe.
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I BOND
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:
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Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
I Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.
I CONTRACTOR AS PRINCIPAL
Company:
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(Corp. Seal)
SURETY
Company:
Signature:
Name and Title:
Signature:
Name and Title:
(Attach Power of ~ttorney)
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(Space is provided below for signatures of additional parties, if required.)
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CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
SURETY
Company:
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Signature:
Name and Title:
Signature:
Name and Title:
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00610-1
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(Corp. Seal)
(Corp. Seal)
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,1. Tht. GONTRACTOR and the Surety, jointly and severally, bind themselves,'
their heirs, executors, administrators, successors and assigns to the Owner for the
performance of the Contract, which is incorporated herein by reference.
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2. If the CONTRACTOR performs the Contract, the Surety and' the
CONTRACTOR have no obligation under this Bond, except to participate in
conferences as provided in paragraph 3. I.
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3. If there is no OWNER Default, the Surety's obligation under this Bond shall
arise after:
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3.1. The OWNER has notified the CONTRACTOR and the Surety at the
addresses described in paragraph 10 below, that the OWNER is considering
declaring a CONTRACTOR Default and has requested and attempted to arrange
a conference with the CONTRACTOR and the Surety to be held not later than
fifteen days after receipt of such notice to discuss methods of performing the
Contract. If the OWNER, the CONTRACTOR and the Surety agree, the
CONTRACTOR shall be allowed a reasonable time to perform the Contract, but
such an agreement shall not waive the OWNER's right, if any, subsequently to
declare a CONTRACTOR Default; and
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3.2. The OWNER has declared a CONTRACTOR Default and formally
terminated the CONTRACTOR's right to complete the Contract. Such
CONTRACTOR Default shall not be declared earlier than twenty days after the
CONTRACTOR and the Surety have received notice as provided in paragraph
3.1; and
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3.3. The OWNER has agreed to pay the Balance of the Contract Price to:
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3.3.1. The Surety in accordance with the terms of the Contract;
3.3.2 Another contractor selected pursuant to paragraph 4.3 to
perform the Contract.
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4. When the OWNER has satisfied. the conditions of paragraph 3, the Surety
shall promptly and at the Surety's expense take one of the following actions:
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4. I. Arrange for the CONTRACTOR, with consent of the OWNER, to
perform and complete the Contract; or
4.2. Undertake to perform and complete the Contract itself, through its
agents or through independent contractors; or
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4.3. Obtain bids or negotiated proposals from qualified contractors
acceptable to the OWNER for a contract for performance and completion of the
Contract, arrange for a contract to be prepared for execution by the OWNER and
the contractor selected with the OWNER's concurrence,' to be secured with
performance and payment bonds executed by a qualified surety equivalent to the
Bonds issued on the Contract, and pay to the OWNER the amount of damages as
described in paragraph 6 in excess of the Balance of the Contract Price incurred
by the OWNER resulting from the CONTRACTOR Default; or
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4.4. Waive its right to perform and complete, arrange for completion, or
obtain a new contractor and with reasonable promptness under the circumstances;
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4.4.1 After investigation, determine the amount for which it may
be liable to the OWNER and, as soon as practicable after the amount is
determined, tender payment therefore to the OWNER; or
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4.4.2 Deny liability in whole or in part and notif'y the OWNER
citing reasons therefore.
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5. If the Surety does not proceed as provided in paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on this Bond fifteen days
after receipt of an additional written notice from the OWNER to the Surety
demanding that the Surety perform its obligations under this Bond, and the
OWNER shall be entitled to enforce any remedy available to the OWNER. If the"
Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the
payment tendered or the Surety has denied pliability, in whole or in part,
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without further notice the OWNER shall 'be .entitled to enforce any remedy
available to the OWNER.
6. After the OWNER has terminated the CONTRACTOR's right to complete the
Contract, and if the Surety elects to act under paragraph 4.1,4.2, or.4.3 above,
then the responsibilities of the Surety to the OWNER shall not be greater than
those of the CONTRACTOR under the Contract, and the responsibilities of the
OWNER to the Surety shall not be greater than those of the OWNER under the
Contract. To a limit of the amount of this Bond, but subject to commitment by
the OWNER of the Balance of the Contract Price to mitigation of costs and
damages on the Contract, the Surety is obligated without duplication for:
6. I. The Tesponsibilities of the CONTRACTOR for correction of
defective Work and completion ofthe Contract;
6.2. Additional legal, design professional' and delay costs resulting from
the CONTRACTOR's Default, and resulting from the actions or failure to act of
the Surety under paragraph 4; and
6.3. Liquidated damages, or if no liquidated damages are specified in the
Contract, actual damages caused by delayed performance or non-performance of
the CONTRACTOR.
7. The Surety shall not be liable to the OWNER or others for obligations of the
CONTRACTOR that are unrelated to the Contract, and the Balance of the
Contract Price shall not be reduced or set off on account of any such unrelated
obligations. No right of action shall accrue on this Bond to any person or entity
other than the OWNER or its heirs, executors, administrators, or successors.
8. The Surety hereby waives notice of any change, including changes of time, to
the
Contract or to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any
court of competent jurisdiction in the location in which the Work or part of the
Work is located and shall be instituted within two years after CONTRACTOR
Default or within two years after the CONTRACTOR ceased working or within
two years after the Surety refuses or fails to perform its obligations under this
Bond, whichever occurs first. If the provisions of this paragraph are void or
prohibited bylaw, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the OWNER orthe CONTRACTOR shall be mailed or
delivered to the address shown on the signature page.
II. When this Bond has been furnished to comply with a statutory or other legal
requirement in the locati~n where the Contract was be performed, any provision
in this Bond conflicting with said statutory or legal requirement shall be deemed
deleted here from and provisions conforming to such statutory or other legal
requirement shall be'deemed incorporated herein. The intent is that this Bond
shall be construed as a statutory bond and not as a common law bond.
12. Definitions.
12.1 Balance of the Contract Price: The total amount payable by the
OWNER to the CONTRACTOR under the Contract after all proper adjustments
have been made, including allowance to the CONTRACTOR of any amounts
received or to be received by the OWNER in settlement of insurance or other
Claims for damages to which the CONTRACTOR is entitled, reduced by all
valid and proper payments made to or on behalf of the CONTRACTOR under
the Contract.
12.2. Contract: 'The agreement between the OWNER and the
CONTRACTOR identified on the signature page, including all Contract
Documents and changes thereto.
12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has
neither been remedied,nor waived, to perform or otherwise to complywith the
terms of the Contract.
12.4. OWNER Default: Failure of the OWNER, which has neither been.
remedied nor waived, to ,pay the CONTRACTOR as required by the Contract or
to perform and complete or comply with the other terms thereof.
00610-2
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Payment Bond
I
Any singular reference to Contractor, Surety, Owner or other party shall be 'consideredp!ural where applicable.
I CONTRACTOR (Name and Address):
VASTECH PROTECH JOINT VENTURE
I 701 Greene Street Suite 100
Augusta, Georgia 30901
SURETY (Name and Ad9ress of Principal Place
. of Business):
OWNER (Name and Address):
I Augusta-Richmond County Consolidated Government
530 Greene St
Augusta, GA 30911-4430
I
I CONTRACT
Date:
Amount: $1,774,450.00
I Description (Name and Location): Hwy 56 24" Water Main Extension, Project#10120.
Approximately 11,000 linear feet of water main including approximately 10,500 linear feet
0[24" ductile iron pipe with two (2) jack and bores and one (1) directional boring, and the
remainder being 12",14" and 18" ductile pipe.
I
I BOND
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:
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Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
I CONTRACTOR AS PRINCIPAL
Company:
(Corp. Seal)
SURETY
Company:
(Corp. Seal)
I
Signature:
Name and Title:
Signature:
Name and Title:
(Attach Power of Attorney)
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(Space is provided below for signatures of additional parties, if required.)
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CONTRACTOR AS PRINCIPAL
Company:
(Corp. Seal)
SURETY
Company:
(Corp. Seal)
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00620-1
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I. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their
heirs, executors, administrators, successors and assigns to the OWNER to pay for
labor, materials and equipment furnished for use in the performance of the Contract,
which is incorporated herein by reference. "(
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2. With respect to the OWNER, this obligation shall be null and void if the
CONTRACTOR:
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2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
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2.2. Defends, indemnifies and holds harmless the OWNER from all claims,
demands, liens or suits by any person or entity who furnished labor, materials or
equipment for use in the performance of the Contract, provided the OWNER has
promptly notified the CONTRACTOR and the Surety (at the addresses described in
paragraph 12) of any claims, demands, liens or suits and tendered defense of such
claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided
there is no OWNER Default.
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3. With. respect to Claimants, this obligation shall be null and void if the
CONTRACTOR promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
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4.1. Claimants who are employed by or have a direct contract with the
CONTRACTOR have given notice to the Surety (at the addresses described in
paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim
is being made under this Bond and, with substantial accuracy, the amount of the
claim.
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4.2. Claimants who do not have a direct contract with the CONTRACTOR:
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1. Have furnished written notice to the CONTRACTOR and sent a
copy, or notice thereof, to the OWNER, within 90 days after having last performed
labor or last furnished materials or equipment included in the claim stating, with
substantial accuracy, the amount ofthe claim and the name ofthe party to whom the
materials were furnished or supplied or for whom the labor was done or performed;
and
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2. Have either received a rejection in whole or in part from the
CONTRACTOR, or not received within 30 days of furnishing the above notice any
communication from the CONTRACTOR by which the CONTRACTOR had
indicated the claim will be paid directly or indirectly; and
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3. Not having been paid within the above 30 days, have sent a written
notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a
claim is being made under this Bond and enclosing a copy of the previous written
notice furnished to the CONTRACTOR.
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5. If a notice required by paragraph 4 is given by the OWNER to the
CONTRACTOR or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall
promptly and at the Surety's expense take the following actions:
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6.1. Send an answer to the Claimant, with a copy to the OWNER, within 45
days after receipt of the claim, stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
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6.2. Payor arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond, and the
amount of this Bond shall be credited for any payments made in good faith by the
Surety.
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8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall
be used for the performance of the Contract and to satisfy claims, if any, under any
Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting
this Bond, they agree that all funds earned by the CONTRACTOR in the
performance of the Contract are dedicated to satisfy obligations of. the
CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority
to use the funds for the completion of the Work.
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9. The Surety shall not be liable to the OWNER, Claimants or others for obligations
of the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be
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liable for payment of any costs or expenses of any Claimant under this Bond, and
shall have under this Bond no obligations to make payments to, give notices on
behalf of, or otherwise have obligations ~o Claimants under this Bond.
10: The Surety hereby waives notice of any change, including changes of time, to
the Contract or to related Subcontracts, p\Jrchase or,ders and other obligations.
U. No suit or action shall be commenced by a Claimant under this Bond other than
in a C0U11 of competent jurisdiction in the location in which the Work or part of the
Work is located or after the expiration of one year from the date (I) on which the
Claimant gave the notice required by paragraph 4. ( or paragraph 4.2.3, or (2) on
which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of
(I) or (2) first occurs. If the provisions of this paragraph are void or prohibited by
law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or
delivered to the addresses shown on the signature page. Actual receipt of notice by
Surety, the OWNER or the CONTRACTOR, however accomplished, shall be
sufficient compliance as of the date received at the address shown on the signature
page.
13. When this Bond has been furnished to comply with a statutory or other legal
requirement in the location where the Contract was to be performed, any provision
in this Bond conflicting with' said statutory or legal requirement shall be deemed
deleted herefrom and provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. The intent is, that this Bond shall
be construed as a statutory Bond and not as a common law bond.
14. Upon request of any person or entity appearing to be a potential beneficiary of
this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall
permit a copy to be made.
15. DEFINITIONS
15.1. Claimant: An individual or entity having a direct contract with the
CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor,
materials or equipment for use in the performance of the Contract. The intent of this
Bond shall be to include without limitation in the terms "labor, materials or
equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service
or rental equipment used in the ,Contract, architectural and engineering services
required for performance of the Work of the CONTRACTOR and the
CONTRACTOR's Subcontractors, and all other items for which a mechanic's lien
may be asserted in the jurisdiction where the labor, materials or equipment were
furnished.
15.2. Contract: The agreement between the OWNER and the
CONTRACTOR identified on the signature page, including all Contract Documents
and changes thereto.
15.3. OWNER Default: Failure of the OWNER, which has neither been
remedied nor waived, to pay the CONTRACTOR as required by the Contract or to
perform and complete or comply with the other terms thereof
'00620-2
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NOTICE TO PROCEED
, Dated
TO: V AS TECH PROTECH JOINT VENTURE
, , (CONTRACTOR)
ADDRESS: 701 Greene St Suite 100
Augusta, Georgia 30901
Contract: Hwv 56 24" Water Main Extension, Proiect #10120
(Insert name of Contract as it appears in the Contract Documents)
Project: Approximately 1 1,000 linear feet of water main including approximately 10,500 linear
feet of 24" ductile iron pipe with two (2) iack and bores and one (1) directional boring,
and the remainder being 12", 14" and 18" ductile pipe.
OWNER'S CONTRACTNO.
You are notified that the Contract Times under the above contract will commence to run on
By that date, you are to start performing your obligations under the Contract
Documents. In accordance with Article 4 of the Agreement the date of Substantial Completion is
and the date of readiness for [mal payment is
Before you may start any Work at the Site, paragraph 2.05.C of the General Conditions provides that
you and Owner must each deliver to the other (with copies to Engineer and other identified additional
insureds) certificates of insurance which each is required to purchase and maintain in accordance with the
Contract Documents.
Also, before you may start any Work at the Site, you must
(add other requirements)
(OWNER)
By:
(AUTHORIZED SIGNATURE)
(TITLE)
Copy to ENGINEER
(Use Certified Mail, Return Receipt Requested)
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APPLICATION FOR PAYMENT NO.
...~To:
From:
Contract:
Project:
OWNER's Contract No.
For Work accomplished through the date of:
ENGINEER's Project No.
1. Original Contract Price:
2. Net change by Change Orders and Written Amendments (+ or - ):
3. Current Contract Price (1 plus 2):
4. Total completed and stored to date:
5. Retainage (per Agreement):
_ % of completed Wark:
% of stored material:
$
$
Total Retainage:
6. Total completed and stored to date less retainage(4 minus 5):
7. Less previous Application for Payments:
8. DUE THIS APPLICATION (6 MINUS 7):
Accompanying Documentation:
CONTRACTOR'S Certification:
(OWNER)
(CONTRACTOR)
$
$
$
$
$
$
$
$
The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done
under the Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in
connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title of all Work, materials
and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time
of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to
OWNER indemnifying OWNER against any such.Lien, security interest or encumbrance); and (3) all Work covered by this Application
for Payment is in accordance with the Contract Documents and not defective.
Dated
CONTRACTOR
By:
State of
County of
Subscribed and sworn to before me this _ day of
Notary Public
My Commission expires:
Payment of the above AMOUNT DUE THIS APPLICATION isrecormnended.
Dated
ENGINEER
By:
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APPLICATION FOR PAYMENT
INSTRUCTIONS
A. GENERAL INFORMATION
The sample form of Schedule of Values is intended as a guide only. Many projects require a more
extensive form with space for numerous items, descriptions of Change Orders, identification of variable
quantity adjustments, summary of materials and equipment stored at the site and other information. It is
expected that a separate form will be developed by Engineer and Contractor at the time Contractor's
Schedule of Values is finalized. Note also that the format for retainage must be changed if the Contract
permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to
Article 14 of the General Conditions for provisions concerning payments to Contractor.
B. COMPLETING THE FORM
The Schedule of Values, submitted and approved as provided in paragraphs 2.05.B.3 and 2.07 of the
General Conditions, should be reproduced as appropriate in the space indicated on the Application for
Payment form. Note that the cost of materials and equipment is often listed separately from the cost of.
installation. Also, note that each Unit Price is deemed to include Contractor's overhead and profit.
All Change Orders affecting the Contract Price should be identified and included in the Schedule of
Values as required for progress payments.
The form is suitable for use in the Final Application for Payment as well as for Progress Payments;
however, the required accompanying documentation is usually more extensive for final payment. All
accompanying documentation should be identified in the space provided on the form.
C. LEGAL REVIEW
All accompanying documentation of a legal nature, such as Lien waivers, should be reviewed by an
attorney, and Engineer should so advise Owner.
-."
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..-< ..-< rl ..-< ..-< ..-< ..-< ..-< ..-< N N N N N NN N N N M
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CHANGE ORDER
No.
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DATE OF ISSUANCE
EFFECTIVE DATE
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OWNER
CONTRACTOR
Contract:
Project:
OWNER's Contract No.
ENGINEER
ENGINEER's Contract No. '
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You are 'directed'to make the following changes in the Contract Documents:
Description:'
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Reason for Change Order:
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Attachments: (List documents supporting change)
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CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price Original Contract Times:
Substantial Completion:
$ Ready for final payment:
(days or dates)
Net Increase (Decrease) from previous Change Orders Net change from previous Change Orders No. _ to
No. - to - No.
-
Substantial Completion:
$ Ready for final payment:
( days)
"
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion:
$ Ready for final payment: .,1'_
(days or dates)
Net increase (decrease) of this Change Order: Net increase (decrease) this Change Order:
Substantial Completion:
$ Ready for final payment:
(days) ,-
Contract Price with all approved Change Orders: Contract Times with all approved Change Orders:
Substantial Completion:
$ Ready for final payment:
(days or dates)
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RECOMMENDED: .
APPROVED
ACCEPTED:
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By:
By:
By:
Engineer (Authorized Signature)
Owner (Authorized Signature)
Contractor (Authorized Signature)
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Date:
Date:
Date:
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EJCDC 1910-8-B (1996 Edition)
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CHANGE ORDER
INSTRUCTIONS
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A.
GENERAL INFORMATION
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This document was developed to provide a uniform format for handling contract changes that affect Contract
Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into
a subsequent Change Order if they affect Price or Times.
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Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The
practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes.
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If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed.
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For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times,
a Field Order should be used.
B. COMPLETING THE CHANGE ORDER FORM
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Engineer normally initiates the form, including a description of the changes involved and attachments based upon
documents and proposals submitted by Contractor, or requests from Owner, or both.
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Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval,
depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated
agreement for a previously performed change. After approval by one contracting party, all copies should be sent
to the other party for approval. Engineer should make distribution of executed copies after approval by both
parties.
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If a change only applies to price or to times, cross out the part of the tabulation that does not apply.
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EJCDC 191 0-8-B (1996 Edition)
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Th.e responsibilities'between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties and guarantees shall be as follows:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
[For items to be attached see definition of Substantial Completion as supplemented and other specifically
noted conditions precedent to achieving Substantial Completion as required by Contract Documents.}
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents
nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract
Documents.
Executed by ENGINEER on
Date
ENGINEER
By:
(Authorized Signature)
CONTRACTOR accepts this Certificate of Substantial Completion on
Date
CONTRACTOR
By:
(Authorized Signature)
OWNER accepts this Certificate of Substantial Completion on
Date
OWNER
By:
(Authorized Signature)
EJCDC No. 1910-8-D (1996 Edition)
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CERTIFICATE OF SUBSTANTIAL COMPLETION
DATE OF ISSUANCE
OWNER
CONTRACTOR
Contract:
Project:
OWNER's Contract No.
ENGINEER's Project No.
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
,
To
OWNER
And To
CONTRACTOR
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRACTOR and ENGINEER, 'and that Work is hereby declared to be substantially complete in
accordance with the Contract Documents on
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
EJCDCNo. 1910-8-D (1996 Edition)
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SECTION 01100 -SUMMARY
1/
PART 1 - GENER1\L
1
1.1
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1
WORK COVERED BY CONTRACT DOCUMENTS
A.
Project Identification: Hwy 56 Water Main Extension; Project No. 10120
1. Project Location: Hwy 56
2. Owner: Augusta Richmond County Commission
B.
Engineer Identification: The Contract Documents, dated September 2004, were prepared for
Project by
Johnson, Laschober and Associates, P.e., 1296 Broad Street, Augusta, GA 30901
e.
The Work consists of construction staking, select clearing, excavation and backfill, dewatering,
pipe and valve installations, soil erosion and sediment control measures, grassing and
stabilization.
1.2 CONTRACT
1
1
1.3
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1.4
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A.
Project will be constructed under a general construction. contract.
USE OF PREMISES
A.
General: Contractor shall have full use of premises for construction operations, including use of
Project site, during construction period.
SPECIFICATION FORMATS AND CONVENTIONS
A.
Specification Format: The Specifications are organized into Divisions and Sections using the
CSI/CSC's "MasterFormat" numbering system.
1. Section Identification: The Specifications use section numbers and titles to help cross-
referencing in the Contract Documents. Sections in the Project Manual are in numeric
sequence; however, the sequence is incomplete. Consult the table of contents at the
beginning of the Project Manual to determine numbers and names of sections in the
Contract Documents.
B.
Specification Content: The Specifications use certain conventions for the style of language and
the intended meaning of certain terms, words, and phrases when used in particular situations.
These conventions are as follows: '
1. Abbreviated Language: Language used in the Specifications and other Contract
Documents is abbreviated. . Words and meanings shall be interpreted as appropriate.
1
SUMMARY
01100 - 1
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Words implied; but not stated, shall be inferred as the sense requires. Singular words
shall be interpreted as plural, and plural words shall be' interpreted as singular where
applicable as the context of the Contract Documents indicates.
2. Imperative mood and streamlined language are generally used in the Specifications.
Requirements expressed in the imperative mood are to be performed by Contractor.
Occasionally, the indicative' or subjunctive mood may be used in the Section Text for
clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by
others when so noted.
a. The words "shall," "shall be," or "shall comply with," depending on the context,
are implied where a colon (:) is used within a sentence or phrase.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 01100
. SUMMARY
01100 - 2
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"("
SECTION 02050 - SUB SURF ACE CONDITIONS
PART 1- GENERAL .
1.1 WORK INCLUDED
A. General: A soils investigation report has been prepared for the site of this work by
QORE Property Sciences, hereinafter referred to as the Soil Engineer.
1.2 RELATED WORK
A. Related work described elsewhere:
1. Excavation for footings and foundations: Section entitled "Earthwork".
1.3 GENERAL
A. Attachment: The soils investigation report is attached to this section.
B. Use of Data:
1. This report was obtained for the Contractor's use in design. The report is available
for bidders' information, but is not a warranty of subsurface conditions.
2. Bidders should visit the site and acquaint themselves with all existing conditions.
Prior to bidding, bidders may make their own subsurface investigations to satisfy
themselves as to site and subsurface conditions, but all such investigations shall be
performed only under time schedules and arrangements approved in advance by the
Engineer.
1.4 ATTACHMENT
A. Subsurface Exploration and Report.
END OF SECTION 02050
SUBSURFACE CONDITIONS
""..0
02050- 1
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Prepared for:
Johnson, Laschober & Associates, P. C.
1296 Broad Street
Augusta, Georgia 30901
P~epared by:
QORE Property Sciences
645 B Frontage Road
Augusta, Georgia 30907
Job Number U1477, Report Number 27579
October 20, 2005
REPORT OF
SUBSURFACE EXPLORATION
HIGHWAY 56 WATER MAIN
AUGUSTA, GEORGIA
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..~
QORE
PRO PER T Y SC I ENe E S
October 20, 2005
Johnson Laschober & Associates PC
1296 Broad Street
Augusta, Georgia 30901
Attention: Mr. Richara J. Laschober, P.E.
Re: Subsurface Exploration
Hwy 56 Water Main
Augusta, Georgia
Job No. U1477, Report No. 27579
OORE, Inc. has completed soil test borings for the referenced project in accordance with our
proposal number 02523 dated September 14, 2005. Test boring records applicable to this project
are attached.
Project Information. The project consists of the installation of a new water main in Richmond
County, Georgia, along Highway (State Route) 56. The new water main will run parallel to
- .
Highway 56 on its eastern side, from' north of T's Restaurant to its intersection with Tobacco
"Road.
Field Exploration Methods. A total of five test borings were performed at locations alongside
Hwy 56, where the proposed water main will be installed. All borings were completed to their
planned termination depth of 10 feet below grade. "The test boring locations, identified by station,
are indicated on each Test Boring Record.
The subsurface exploration began with a visual site reconnaissance performed by a member of
our professional staff. Our personnel locatedthesoil test borings by estimating right angles and
measuring distances from existing features based on the drawings provided. The borings were
645B Frontage Road Augusta, Georgia 30907 (706) 855-2060 fax (706) 855-20 II
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Hwy 56 Water Main
Job No. U1477, Report No. 27579
October 20, 2005
Paqe 2
performed utilizing a truck mounted CME 55 drill rig by mechanically advanced hollow stem
augers into the ground. Standard penetration tests (SPT) were performed with' a rope and
cathead at regular intervals in the borings to estimate soilconsistency and to obtain soil samples.
Portions of each sample were transported to our laboratory for engineering review and visual
classification. The depth to groundwater, if encountered, was measured in the borings before
backfilling the boreholes with auger cuttings. Soil descriptions, standard penetration test results,
and other subsurface data are presented in the Test Boring Records..
The procedures used by OORE for field sampling and testing were performed in general
accordance with ASTM procedures and established practice. More detailed descriptions of our
drilling procedures are attached.
Geology. The site is located in the Coastal Plain Physiographic Province of Georgia. The
Coastal Plain is a wedge-shaped deposit of Cretaceous and younger sediments that range in
thickness from near zero at the contact with the Piedmont Physiographic Province (the Fall
Line) along its northwest edge, to thousands of feet at the coast. Coastal Plain soils are marine
deposits laid down in the geologic past when ocean levels were higher and can contain various
materials including interbedded soft and hard limestone, gravel, sands,silts, and clays, as well
as organics.
Subsurface Conditions. Soils encountered were typical Coastal Plain soils and refusal was not
encountered in any of the borings. Shallow subsurface materials encountered in the borings
consisted of a combination of asphalt, topsoil, gravel, and silty sands. Below, the shallow
subsurface materials a combination of loose to very dense silty sands were encountered to
boring termination.
The above information and pur Test Boring Records do not reflect variations in, the subsurface
conditions, which are likely to exist intermediate of our borings, and in unexplored areas of the
site. These variations are due to the inherent variability of the subsurface conditions in this
geologic region as well as past right of way clearing and grading. The indicated boundaries
between soil strata are approximate, and the transitions between str~taare generally gradual.
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Hwy 56 WaterMain
Job No. U1477. Report No. 27579
October 20,2005
Paqe 3
Excavation. While none of the borings encountered "refusal", very high consistency soils
(standard penetration values of more than 50 blows per'foot)were penetrated in borings A1 and
A4, and we expect that these very dense material will be encountered along much of the p!peline
alignment. We anticipate that these materials can be excavated using a large crawler mounted
backhoe. We recommend that the project specifications require that a backhoe comparable to a
Caterpillar 235 be used for trench excavation.
Groundwater. Groundwater was not encountered in any of the borings. Depending on seasonal
rainfall, groundwater may be encountered at depths different from those identified in our
borings. Aside from the vicinity of Butler Creek, it is unlikely that permanent groundwater will be
encountered during construction.
Fill Placement. In grassed or non load bearing areas most of the excavated soils should be
suitable for backfill. Fill in these areas should be placed in lifts no greater than 12 inches thick and
compacted to least 90 percent of the soil's maximum dry density as determined by the standard
Proctor compaction test. Trenches beneath paved areas or future structures should be backfilled
" with structural fill. Structural fill is defined as inorganic natural soil with maximum particle size of1
inch and a maximum plasticity index of 30. Structural fill should be placed in relatively thin (4- to
8-inch) layers and compacted to at least 95 percent of the soil's standard Proctor maximum dry
density. The upper 1-foot of all structural fill beneath pavements shOl.iid be compacted to at least
98 percent.
In our opinion, the sand s,Oils (classifications SM) can be used as a source of structural fill with
some wetting or drying to obtain the required density. In areas where these soils are below the
water table or are otherwise wet, it may be more economical to import select fill for areas beneath
structures and pavements.
Field Density Testing." We recommend that density testing be performed on a full-time basis
during placement of structural fill beneath roadways and structures. During full-time density
testing, the test frequency can be determined by our personnel based on the areato,be tested,
the equipment used, and construction schedule. For part-tim~ or "on call" de~sity testing, tests
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Hwy 56 Water Main
)obNo.U1477, Report No. 27579
October 20, 2005
Paqe 4
should be performed at vertical intervals of 2 feet or less as the fill is being placed. We
recommend density testing by a technician working under the direction of our project engineer.
qORE appreciates the opportunity to perform these borings and would like to offer our CMT
services for the remaining portion of the project. Please call us if you have any questions about
this report.
Respectfully submitted,
QORE Property Sciences
ke~1fU-
Geotechnical Engineer
GA Registration #13784
tcf'1flL
)("lDi~nen, P.E.
!/ Senior Geotechnicai Engineer
GA Registration #9786
-~J~
C7"Cucas Siming~n, E.!.
Staff Engineer
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CSPE9y S~Nc~TM.
BORING. NO: A 1
TEST BORING RECORD'
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PROJECT: Hwy 56 Water Main JOB NO: U1477 I REPORT NO: 27579
PROJECT lOCATION: Augusta, GA Richmond County
ELEVATION: +/- feet BORING STARTED: 9/29/2005 BORING COMPLETED: 9/29/2005
DRilLING METHOD: HSA RIG TYPE: CME 55 HAMMER: Rope and Cathead
GROUNDWATER: Not Encountered BORING DIAMETER (IN): 6 I SHEET 1 OF 1
Remarks: Approximate Boring Location
Sta 99+50
75' Offset East of SR 56 Centerline
ElEV. DEPTH STANDARD PENETRATION BLOWS
G (FT.) (FT.) MATERIAL DESCRIPTION l S R RESISTANCE (N) /6"
0 10 20 30 40 -50 60 70 809010
,
- 0 '\Asohalt f
Very firm, light brown silty fine SAND (SM) '.-
::X , 10-11-
i,,- 13
'.- 1"-
""
"-
Very dense, red silty fine SAND (SM) I"-
:c-- 1'\1'\
:'X
> 27 c
1/ 50/4.5
-5- :~ 1/
1/
/
Dense, light brown silty fine SAND with trace clay :X /
(SM) . ~ 12 - 22 -
23
'- ,
'.
-
:.X 13 - 23 -
"' 26
0
23 -10 ......
~ Boring terminated at 10 feet.
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BORING NO:
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TEST BORING RECORD
SCIENCES
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PROJECT: Hwy 56 Water Main JOB NO: U1477 I REPORT NO: 27579
PROJECT LOCATION: Augusta, GA Richmond County
ELEVATION: +/- feet BORING STARTED: 9/29/2005 BORING COMPLETED: 9/29/2005
DRILLING METHOD: HSA RIG TYPE: CME 55 HAMMER: Rope and Cathead
GROUNDWATER: Not Encountered .. BORING DIAMETER (IN): 6 I SHEET 1 OF 1
Remarks: Approximate Boring Location
Sta 79+25
60' Offset East of SR 56 Centerline
ELEV. DEPTH STANDARD PENETRATION BLOWS
G (FT.) (FT.) MATERIAL DESCRIPTION L S R RESISTANCE (N) /6"
0 10 20 30 40 50 60 70 809010
'-0 Very firm to dense, red and light brown silty fine SAND
(SM) t-- ..
IX 7-10-
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BORING NO:
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SCIENCES
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PROJECT: Hwy 56 Water Main JOB NO: U1477 I REPORT NO: 27579
PROJECT lOCATION: Augusta, GA Richmond County, ,
Eli::VATION: +/- feet BORING STARTED: 9/29/2005 BORING COMPLETED: 9/29/2005
DRilLING METHOD: HSA RIG TYPE: CME 55 HAMMER: Rope and Cathead
,GROUNDWATER: Not Encountered BORING DIAMETER (IN): 6 I SHEET 1 OF 1
Remarks: Approximate Boring Location
Sta 48+60
50' Offset East of SR 56 Centerline
ElEV. DEPTH STANDARD PENETRATION BLOWS
G (FT.) (FT.) MATERIAL DESCRIPTION l S R RESISTANCE (N) /6"
0 10 20 30 40 50 60 70 809010
1-0 ,
f-.. T oDsoil r >".~"
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PROJECT: Hwy56 Water Main JOB NO: U1477 I REPORT NO: 27579
PROJECT LOCATION: Augusta, GA Richmond County
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ELEVATION: +/- feet BORING STARTED: 9/29/2005 BORING COMPLETED: 9/29/2005
DRILLING METHOD: HSA RIG TYPE: CME 55 HAMMER: Rope and Cathead
GROUNDWATER: Not Encountered BORING DIAMETER (IN): 6 I SHEET 1 OF 1
Remarks: Approximate Boring Location
Sta 31+55
60' Offset East of SR 56 Centerline
ELEV. DEPTH STANDARD PENETRATION BLOWS
G (FT.) (FT.) MATERIAL DESCRIPTION L S R RESISTANCE (N) /6"
0 ", 10 20 30 40 50 60 70 809010
1-0 Gravel
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BOI3ING NO: AS
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PROJECT: Hwy 56 Water Main JOB NO: U1477 I REP9RT NO: 27579
PROJECT LOCATION: Augusta, GA Richmond County
ELEVATION: +/- feet BORING STARTED: 9/29/2005 BORING COMPLETED: 9/29/2005
DRILLING METHOD: HSA RIG TYPE: CME 55 HAMMER: Rope and Cathead
GROUNDWATER: Not Encountered BORING DIAMETER (IN): 6 I SHEET 1 OF 1
Remarks: Approximate Boring Location
Sta 2+50
55' Offset East of SR 56 Centerline
ELEV. DEPTH STANDARD PENETRATION BLOWS
G (FT.) (FT.) MATERIAL DESCRIPTION L S R RESISTANCE (N) /6"
0 10 20 30 40 50 60 70 809010
1--0 t\Asohalt r
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IX
\ 5-6-5
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PROCEDURES
SOIL TEST BORING, ASTMD-1586
The borings were made with a hollow-stem auger powered by a 125-horsepower drill rig.
At regular intervals, soil samples were obtained through the hollow augers with a standard
1.4-inch 1.0., 2.0-inch O.D. split-tube sampler.
The sampler was initially seated 6 inches to penetrate any loose cuttings; then driven an
additional foot with blows of a 140-pound hammer falling 30 inches actuated by a rope and
cathead. The number of hammer blows required to drive the sampler the final foot was
recorded and is designated as the standard penetration resistance. Penetration
resistance, when properly evaluated, is an index to soil strength and density.
In the field, the driller logged and described the samples as they were obtained.
Representative portions of each soil sample were then sealed in labeled glass jars and
transported to our laboratory. The samples were examined by a graduate geotechnical
engineer or engineering geologist to visually check the field descriptions. Boring data,
including sample intervals, penetration resistances, soil descriptions, and groundwater
level are shown on the attached Test Boring Records.
/:
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PROCEDURES
CORRELATION'
OF
STANDARD'
PENETRATION RESISTANCE
WITH
RELATIVE COMPACTNESS AND CONSISTENCY
Sand and Gravel
Standard Penetration Resistance
Blows/Foot
0-4
5-10
11-20
21-30
31-50
Over 50
Silt and Clay
Standard Penetration Resistance
Blows/Foot
0-1
2-4
5-8
9-15
'16-30
31-50
Over 50
Relative Compactness
Very Loose
Loose
Firm
Very Firm
Dense
Very Dense
Consistency
Very Soft
Soft
Firm
~ Stiff
Very Stiff
Hard
Very Hard
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I
{- Geotechnical Engineering Report
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j
G$~teChIl1lBC~~ S$fdV~C~S AfiIllEl iPlefU@f!llm$d faJlf
Specliec PUrpWl$8$, P$rSIJjJil1l~g :armd P1rmljects
Geotechnical engineers structure their services to meet the spe-
cific needs of their clients. A geotechnical engineering stud~ con-
ducted for a civil engineer may not fulfill the needs of a construc-
tion contractor or even another civil engineer. Because each geot-
echnical engineering study is unique, each geotechnical engi-
neering report is unique, prepared solely for the client. No one
except you should rely on your geotechnical engineering report
without first conferring with the geotechnical engineer who pre-
pared it. And no one-not even you-should apply the report for
any purpose or project except the one originally contemplated.
Read the fl!l~1 R~~~rt
Serious problems have occurred because those relying on a
geotechnical engineering report did not read it ali. Do not rely
on an executive summary. Do not read selected elements only. ,
~
Ii GtSlilJltlmct!lirn~C~~ E~ml~iJ1l~~r5!l1i~ !F3~~[1llf'lt ~$ 2~$~f!ll mlll1l
A UiillBOOjWllm Siilt of Pfll1lj~ctaS~~c~imlt fifllCtmlf$
Geotechnical engineers consider a number of unique, project-spe-
cific factors when establishing the scope of a study. Typical factors
include: the client's goals, objectives, and risk management pref-
erences; the general nature of the structure involved, its size, and
con~guration; the location of the structure on the site; and other
planned or existing site improvements, such as access roads,
parking lots, and underground utilities. Unless the geotechnical
engineer who conducted the study specifically indicates other-
wise, do not rely on a geotechnical engineering report that was:
I';} not prepared for you,
@ not prepared for your project,
@ notprepilred for the specific site explored, or
<ll completed before important project changes were made.
Typical changes that can erode the reliability of an existing
geotechnical engineering report include those that affect:
(& the function of the proposed structure, as when
it's changed from a parking garage to an office.
building, or from a light industrial plant to a .
refrigerated warehouse,
~ elevation, configuration, location, orientation, or
weight of the proposed structure,
9 composition of the design team, or
Gl project ownership.
As a general rule, always inform your geotechnical engineer
of project changes-even minor ones-and request an
assessment of their impact. Geotechnical engineers cannot
accept responsibility. or liability for problems that occur
because their reports do not consider developments of which
they were not informed.
Si!b$li!~fi\lce C@ll1lduta6IDlS Calm Cha!l1ige
A geotechnical engineering report is based on conditiOns that
existed at the time the study was performed. 00 not r~/y on a
geotechnical engineering report whose adequacy may have
bee_n affected by: the passage of time; by man-made events,
such as construction on or adjacent to the site; or by natural
events, such as floods, earthquakes, or groundwater fluctua-
tions. Always contact the geotechnical engineer before apply-
ing the report to determine if it is still reliable. A minor amount
, of additional testing or analysis could prevent major problems.
Mllilst Gimglr~fHlctarilicallFiB'Bd~[!1~S ArilZ
P~Ill)'~e$S~rmmJtm~ @!JllDrra6001llS
Site exploration identifies subsurface conditions only at those
points where subsurface tests are conducted or samples are
taken. Geotechnical engineers review field and laboratory data
and then apply their professional judgment to render an opinion
about subsurface conditions throughout the site. Actual sub-
surface conditions may differ-sometimes significantly-from
those indicated in your report. Retaining the geotechnical engi-
neer who developed your report to provide construction obser-
vation is the most effective method of managing the risks asso-
ciated with unanticipated conditions.;
A R~~Q]rt's Recommeml~tBons Are Not Final
Do not overrely on the construction recommendations included
in your repor.t. Thoserecommendations are not final,because
geotechnical erigineers develop them principally from judgment
,and opinion. Geotechnical engineers can finalize their recom-
mendations only" by observing actual subsurface conditions
revealed during construction. The geotechnical enginef!( who
developed your report cannot assume responsibility or liability for
the report's recommendations if that engineer does not perform
construction observation.
A Geotechnical Engineering Report Is Subject
To Misinterpretation
Other design team members' misinterpretation of geotechnical
engineering reports has resulted in costly problems. Lower
that risk by having your geotechnical engineer confer with
appropriate members of the design team after submitting the
report. Also retain your geotechnical engineer to review perti-
nent elements of the design team's plans and specifications.
Contractors can also misinterpret a geotechnical engineering
report. Reduce that risk by having your geotechnical engineer
participate in prebid and preconstruction conferences, and by
providIng construction observation.
It
Do Not Redraw the Engineeris logs
Geotechnical engineers prepare final boring and testing logs
based upon their interpretation of field logs and laboratory
data. To prevent errors or omissions, the logs included in a
geotechnical engineering report should never be redrawn for
inclusion in architectural or other design drawings. Only photo-
graphic or electronic reproduction is acceptable, but recognize
that separating logs from the report can elevate risk.
Give Contractors a' Complete
Report and Guidance
Some owners and design professionals mistakenly believe they
can make contractors liable for unanticipated subsurface condi-
tions by limiting what they provide for bid preparation. To help
prevent costly problems, give contractors the completegeotech-
nical engineering report, but preface it with a clearly written let- '
ter oftransmittal. In that letter, advise contractors that the report.
was not prepared for purposes of bid development and that the
report's accuracy is limited; encourage them to confer with the
geotechnical engineer who prepared the report (a modest fee
may be requir'ed) and/or to conduct additional study to obtain
the specific types of information they'need or prefer. A prebid
conference can also be valuable. Be sure contractors have suffi-
cient time to perform additional study. Only then might you be in
a position to give contractors the best information available to
you, while requiring them to at least share s6me of the financial
responsibilities stemming from unanticipated conditions.
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Read ResponSibility Provisions Closely
Some clients, design professionals, and contractors do not
recognize that geotechnical engineering is far less exact than
other engineering discipiines. This lack of understanding has
created unrealistic expectations that have led to disappoint-
ments, claims, and disputes. To help reduce such'risks, geot-
echnical engineers commonly include a variety of explanatory
provisions in their reports. Sometimes labeled "limitations",
many of these provisions indicate where geotechnical engi-
neers responsibilities begin and end, to help others recognize
their own responsibilities and risks. Read these provisions
closely. Ask questions. Your geotechnical engineer should
respond fully and frankly.
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Gemmvaronmental Concerns Are Not Covered
1:he equipment, techniques, and personnel used to perform a
geoenvironmental study differ significantly from those used to
perform a geotechnical study. For that reason, a geotechnical
engineering report does not usually relate any geoenvironmen-
tal findings, conclusions, or recommendations; e.g., about the
likelihood of encountering underground storage tanks or regu-
lated contaminants. Unanticipated environmental problems have
led to numerous project failures. If you have not yet obtained
your own geoenvironmental information, ask your geotechnical
. consultant for risk management guidance. Do not rely on an
environmental report prepared for someone else.
Kiely on YOIlmil' G~ot~clllnBCaBl Engineer fiDr
Additional Assistance
Membership in ASFE exposes geotechnical engineers to a wide
array of risk management techniques that can be of genuine ben-
efit for everyone involved with a construction project. Confer with'
your ASFE-member geotechnical engineer for more information.
.1
.1
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ASFE
8811 Colesville Road, Suite G106 Silver Spring, MD 20910
Telephone: 301-565-2733 Facsimile: 301-589-2017
Elmail: info@asfe.org www.asfe.org
.
Copyright 2000 by ASFE, Inc. Unless ASFE grants written permission to do so, duplication of this document by any means whatsoever is expressly prohibited.
. Re-use of the wording in this document, in whole or in part, also is expressly prohibited, and may be done only with the express permission of ASFE or for purposes
of review or scholarly research,
.
I
IIGER 1000.1 OM
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SECTION 02230 - SITE CLEARING
P ART 1 - GENERAL
1.1 SUMMARY
A.
This Section includes the following:
1. Protecting existing trees and vegetation to remain.
2. Removing trees and other vegetation.
3. Clearing and grubbing.
4. Topsoil stripping.
1.2
DEFINITIONS
A.
TopsoiL Natural or cultivated surface-soil layer containing organic matter and sand, silt, and
clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than
underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 2
inches in diameter; and free of weeds, roots, and other deleterious materials.
1.3
MA TERlALS OWNERSHIP
A.
Except for materials indicated to be stockpiled or to remain Owner's property, cleared materials
shall become Contractor's property and shall be removed from the site. Excess excavation
materials shall be moved to an upland location designated by the contractor subject to the
approval of the engineer.
1.4
SUBMITTALS
A. Photographs or videotape, sufficiently detailed, of existing conditions of trees and plantings,
adjoining construction, and site improvements that might be misconstrued as damage caused by
site clearing.
B. Record drawings from a Registered Land Surveyor locating all valves, hydrants, and
appurtenances'
1.5 QUALITY ASSURANCE
A. Pre-installation Conference: Conduct conference at Project site pnor to starting clearing
operations in wetland areas.
1.6 PROJECT CONDITIONS
SITE CLEARING
'" 02230' - 1
A. Traffic: Minimize iriterference with adjoining roads, streets, walks? and othe~ adj~cent occupied
or used facilities during site-clearing operations.
1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities
without permission from Owner and authorities having jurisdiction.
2. Provide alternate routes around closed or obstructed traffic ways ifrequired byauthorities
having jurisdiction.
B. Improvements on Adjoining Property: Authority for performing site clearing indicated on
property adjoining Owner's property will be obtained by Owner before award of Contract.
1. Do not proceed with work on adjoining property unless directed by Engineer.
C. Salvable Improvements: Carefully remove items indicated to be salvaged and store on Owner's
premises where indicated.
D. Utility Locator Service: Notify utility locator service for area where Project is located before
site clearing.
E. Do not commence site clearing operations until temporary erosion and sedimentation control
measures are in place
PART 2 - PRODUCTS (Not Applicable)
2.1
SOIL MATERlALS
A.
Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified m
Division 2 Section "Earthwork."
1. Obtain approved borrow soil materials off-site when satisfactory soil materials are not
available on-site.
PART 3 - EXECUTION
3.1 'PREPARATION
"
A. Protect and maintain benchmarks and survey control points from disturbance during
construction.
B. Provide erosion-control measures to prevent soil erosion and discharge of soil-bearing water
runoff or airborne dust to adjacent properties and walkways.
C. Locate and clearly flag trees and vegetation to remain or to be relocated:
D. Protect existing site improvements to remain from damage during construction.
1. Restore damaged improvements to their original condition, as acceptable to Owner.
SITE CLEARING
02230 - 2
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3.2
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TREE PROTECTION
A.
Limit tree removals in wetlands areas to permanent" and temporary construction' easements.
Trees outside of easements shall be flagged and protected from damage.
1.
Do not store construction materials, debris, or excavated material outside of permanent
and temporary construction easements wetland areas.
Do not permit vehicles, equipment, or foot traffic outside of permanent and temporary
construction easements in wetland areas.
2.
3.3 UTILITIES
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3.4
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3.5
A.
Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others
unless permitted under the following conditions and then only after arranging to provide
temporary utility services according to requirements indicated:
1.
2.
Notify Engineer not less than two days in advance of proposed utility interruptions.
Do not proceed with utility interruptions without Engineer's written permission.
B.
Owner will arrange for disconnecting and sealing indicated utilities that serve existing structures
before site clearing, when requested by Contractor.
1.
Verify that utilities have been disconnected and capped before proceeding with site
clearing.
CLEARING AND GRUBBING
A.
Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new
construction. Removal includes digging out stumps and obstructions and grubbing roots.
1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated.
2. Cut minor roots and branches of trees indicated to remain ina clean and careful manner
where such roots and branches obstruct installation of new construction.
3. Completely remove stumps, roots, obstructions, and debris.
B.
Fill depressions caused by clearing and grubbing operations with satisfactory soil material,
unless further excavation or earthwork is indicated.
1.
Place fill material in horizontal layers not exceeding S-inch loose depth, and compact
each layer to a density equal to adjacent original ground.
C.
Soil Erosion and Sediment Control: The Contractor shall employ such measures necessary to"
control erosion and sedimentation as outlined in 'Section II "Structural Practices", of the Manual
for Erosion and Sediment Control in Georgia published by the State Soil and Water
Conservation Committee of Georgia. The Contractor shall employ these measures during the
construction of this project.
TOPSOIL STRIPPING
SITE CLEARING
02230 - 3
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A.
3.6
3.7
Strip topsoil to whatever depths are encountered in a manner to prevent 'intermingling, with
underlying subsoil or other waste materials.
B. Stockpile topsoil materials away from edge of excavations without intermixing with subsoil.
Grade ,and shape stockpiles to drain surface water. Cover to prevent windblown dust.
1. Limit height of topsoil stockpiles to 72 inches.
2. Do not stockpile topsoil within drip line of remaining trees.
3. Dispose of excess topsoil as specified for waste material disposal.
4. Stockpile surplus topsoil and allow for re-spreading deeper topsoil.
SITE IMPROVEMENTS
A.
Remove existing above- and below-grade improvements as indicated and as necessary to
facilitate new construction.
B.
Remove slabs, paving, curbs,' gutters, and aggregate base as indicated.
1. Unless existing full-depth joints coincide with line of demolition, neatly saw-cut length
of existing pavement to remain before removing existing pavement. Saw-cut faces
vertically.
DISPOSAL
A.
Disposal: Remove surplus soil rpaterial, unsuitable topsoil, obstructions, demolished materials,
and waste materials, including trash and debris, and legally dispose of them off project site.
END OF SECTION 02230
SITE CLEARING
02230 - 4
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SUMMARY
SECTION 02240-DEWATERlNG
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PART 1 - GENERAL
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1.1
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1.2
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1.3
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1.4
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A.
This Section includes construction dewatering.
PERFORMANCE REQUIREMENTS
A.
Dewatering Performance: Design, provide, test, operate, monitor, and maintain a dewatering
system of sufficient scope, size, and capacity to control ground-water flow into excavations and
permit construction to proceed on dry, stable subgrades.
1.
2.
Work includes removing dewatering system when no longer needed.
Maintain dewatering operations to ensure erosion is controlled, stability of excavations
and constructed slopes is maintained, and flooding of excavation and damage to
structures are prevented.
Prevent surface water from entering excavations by grading, dikes, or other means.
3.
QUALITY ASSURANCE
f'
A.
Installer Qualifications: Engage an experienced installer to assume engineering responsibility
and perform dewatering who has specialized in installing dewatering systems similar to those
required for this Project and with a record of successful in-service performance.
B.
Regulatory Requirements: Comply with water disposal requirements of authorities having
jurisdiction.
PROJECT CONDITIONS
A.
Existing Utilities: Do not interrupt utilities serving facilities occupied by the Owner or others
unless permitted in writing by the Engineer and then only after arranging to provide temporary
utility services according to requirements indicated.
B.
Project Site Information: Groundwater levels are recorded in test boring records and on
location map appended to SECTION 02050 - SUB SURF ACE CONDITIONS at several
locations .. along the water line route. Owner will not be responsible for interpretations or
conclusions drawri from this data by Contractor. The contractor is responsible for making
additional test borings or other exploratory operations to determine extent of groundwater
conditions throughout the project.
PART 2 - PRODUCTS (Not Applicable)
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DEWATERlNG
02240 - 1
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PART 3 - EXECUTION
3.1
3.2
PREPARATION
A.
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Prevent surface water and subsurface or ground water from entering excavations, from ponding
on prepared sub grades, and from flooding site and surrounding area. Protect sub grades and
foundation soils from softening and damage by rain or water accumulation.
DEWATERING
A.
Install dewatering system utilizing wells, well points, or similar methods complete with pump
equipment, standby power and pumps, filter material gradation, valves, appurtenances, water
disposal, and surface-water controls.
B.
Before excavation below ground-water level, place system into operation and then operate it
continuously until drains, sewers, and structures have been constructed and fill materials have
been placed, or until dewatering is no longer required~
c.
Provide an adequate system to lower and control ground water to permit excavation,
construction of structures, and placement of fill materials.
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D.
Dispose of water removed from excavations in a manner to avoid endangering public health,
property, and portions of work under construction or completed. Dispose of water in a manner
to avoid inconvenience to others. Provide sumps, sedimentation tanks, and other flow-control
devices as required by authorities having jurisdiction.
E.
Remove dewatering system from Project site on completion of dewatering. Plug or fill well
holes with sand or cut off and cap wells a minimum of 36 inches below overlying construction.
END OF SECTION 02240
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02240-2
DEW A TERING
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SUMMARY
SECTION 02300 - EARTHWORK
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P ART I, - GENERAL
1
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A.
This Section includes the following:
1. Excavating and backfilling trenches for buried utilities.
UNIT PRlCES
A.
Rock Measurement: Volume of rock actually removed, measured in original position, but not to
exceed the following:
1.
6 inches beneath pipe in trenches, and the greater of 24 inches wider than pipe or 42
inches wide.
B.
Borrow pit material unit pnces shall include soil delivered (loose measure), placed and
compacted.
DEFINITIONS
A.
Backfill: Soil materials used to fill an excavation.
1. Initial Backfill: Backfill placed beside and over pipe in a trench.
2. Final Backfill: Backfill placed over initial backfill to fill a trench.
B.
Bedding Course: Layer placed over the excavated sub grade in a trench before laying pipe and
to pipe depth indicated on drawings. '
c.
Borrow: Satisfactory soil imported from off-site for use as fill or backfill.
D.
Excavation: Removal of material encountered above sub grade elevations.
1. '-Additional Excavation: Excavation below sub grade elevations as directed by Engineer.
Additional excavation and replacement material will be paid for according to Contract
provisions for changes in the Work.
2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated
dimensions without direction by Engineer. Unauthorized excavation, as well as remedial
work directed by Engineer, shall be without additional compensation.
E. Fill: Soil materials used to raise existing grades.
F.
Rock: Rock material, in beds, ledges, unstratified masses, and conglomerate deposits and
boulders of rock material exceeding 1 cu. yd. for bulk excavation or 3(4 cu. yd. for footing,
trench, and pit excavation that cannot be removed by rock excavating equipment equivalent to
EARTHWORK
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the following in size and performance ratings, without systematic drilling,'TaI11 hammering,
ripping, or blasting, when permitted: '
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1. Excavation of Footings, Trenches, and Pits: Late-model, track-mounted hydraulic
excavator; equipped with a 42-inch- wide, short-tip-radius rock bucket; rated at not less
than 120~hp flywheel power with bucket-curling force of not less than 25,0001bf and
stick-crowd force of not less than 18,700 lbf; measured according to SAE J-1l79.
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Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or
backfill immediately below subbase, drainage fill, or topsoil materials.
H.
Utilities include on-site underground pipes, conduits, ducts, and cables, as well as underground
services within buildings.
1.
Select Backfill: Borrow pit material placed from pipe depth indicated on drawings to 12" above
pIpe.
SUB MITT ALS
A.
Product Data: For the following:
1. Each type of plastic warning tape.
B.
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Material Test Reports: From a qualified testing agency indicating and interpreting test results
for compliance of the following with requirements indicated:
1. Classification according to ASTM D 2487 of each borrow soil material proposed for fill
and backfill.
QUALITY ASSURANCE
A.
Geotechnical Testing Agency Qualifications: An independent testing agency qualified
according to ASTM E 329 to conduct soil materials and rock-definition testing, as documented
according to ASTM D 3740 and ASTM E 548.
PROJECT CONDITIONS
A.
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Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others
unless permitted in writing by Engineer and then only after arranging to provide temporary
utility services according to requirements indicated:
1.
2.
3."
4.
Notify Engineer not less than two days in advance of proposed utility interruptions.
Do not proceed with utility interruptions without Engineer's written permission.
Contact utjlity-locator service for area where Project is located before excavating.
Contractor to repair to the satisfaction of the Engineer any aerial, surface, or subsurface
improvements damaged during the course of the work not indicated to be removed on the'
plans.
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PART 2 - PRODUCTS. ,
2.1
SOIL MATERIALS
A.
General: Provide borrow soil materials when sufficient satisfactory soil materials are not
available from excavations.
B.
Satisfactory Soils: ASTM D 2487 soil classification groups GW, GP, GM, SW, SP, and SM, or
a combination of these group symbols; free of rock or gravel larger than 3 inches in any
dimension, debris, waste, frozen materials, vegetation, and other deleterious matter.
c.
Unsatisfactory Soils: ASTM D 2487 soil classification groups GC, SC, ML, MR, CL, CR, OL,
OR, and PT, or a combination of these group symbols.
1. Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of
optimum moisture content at time of compaction.
D. Backfill and Fill: Satisfactory soil materials.
E. Bedding: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone,
ASTM C33, Graduation #67.
F. Select Backfill: Georgia DOT Type 1, Class I arid II. "
G.
Rip Rap: Georgia DOT Standard Specification 805.2.01, Type 3 for installation stone plain rip
rap per Standard Specification 603.3.05.B.
2.2
ACCESSORIES
A.
Detectable Warning Tape: Acid- and alkali-resistant polyethylene film warning tape
manufactured for marking and identifYing underground utilities as manufactured by Reef
Industries or approved equal. Color shall be blue with printed message "Caution Water Line
Buried Below". Tape shall be installed during the backfill operation at a point 1 foot below the
final finished grades.
B.
Filter Fabric: Georgia DOT Standard Specification881.2.05 plastic woven filter fabric.
PART 3 - EXECUTION
3.1
PREPARATION
A.
Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by
settlement, lateral movement, undermining, washout, and other hazards created by earthwork
operations.
B. Protect subgrades and foundation soils against freezing temperatures or frost. Provide
protective insulating materials as necessary.
EARTHWORK.
02300 - 3
C. Provide erosion-control measures to preyent erosion or displacement of soil~ and disch~rge of
, soil-bearing water runoff or airborne dust to adjacent properties and walkways.
3.2 DEW ATERlNG
1. Provide dewatering as indicated in Section 02240.
3.3 . EXPLOSIVES
A. Explosives: Obtain written permission from authorities having jurisdiction before bringing
explosives to Project site or using explosives on Project site. All precautions must be taken to
prevent damage to public or private property or to persons. The Contractor shall assume full
liability for any damage that may occur during the use of explosives. No blast shall be used
within 50 feet of pipe already installed.
3A EXCAVATION, GENERAL
, A. Classified Excavation: Excavation to subgrade elevations classified as earth and rock. Rock
excavation will be paid for by adjusting the Contract Sum according to unit prices included in
the Contract Documents.
B. Excavation methods shall meet or exceed Occupational Safety and Health Administration
(OSHA) construction industry standards.
C. Excavation shall proceed in a conventional manner with satisfactory effort made to remove hard
materials before the Engineer makes a determination of need for blasting. Predrilling arid
blasting will be allowed, if the Contractor can provide evidence for the Engineer's review that
boring logs show that material cannot be excavated. Evidence will be provided for the
Engineer's review and approval before predrilling and blasting is undertaken.
D. All s~oring, sheeting,' and bracing required to perform and protect the excavation and to
safeguard the employees and the public shall be performed. The failure of the Engineer to
direct the placing of such protection shall not relieve the Contractor of his responsibility for
damage resulting from its omission. Whenever sheeting is driven to a depth below the elevation
of the top of pipe, that portion of the sheeting below the elevation of the top of the pipe shall not
be disturbed or removed. Sheeting left in place shall be~ut off not less than 1 foot below
finished grade. No sheeting shall be removed until the excavation is substantially backfilled as
hereinafter specified.
3.5
EXCA V A TION FOR UTILITY TRENCHES
A.
Excavate trenches to indicated gradients, lines, depths, and elevations. Excavation shall be
made by the open cut method unless otherwise specified or shown on the plans.
B.
Except where otherwise indicated, trench bottoms shall be not less than 12 inches wider nor
more than 16 inches wider than the outside diameter of the pipeto be laid therein, and shall be
excavated true to line, 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.
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C.C Trench Bottoms for Water Distribution:
1.
Excavate trenches accurately to provide uniform bearing and support for each section of
the pipe on undisturbed soil at every point along its entire length, except for portions of
the pipe sections where it is necessary to excavate for bell holes and the proper sealing of
pipe joints~
2.
Where rock excavation is required, rock shall be excavated to a minimum overdepth of 4
inches below normal trench depth. The overdepth and all excess trench excavation shall
be backfilled with loose, moist earth, thoroughly tamped.
3.
Wh~re wet or otherwise unstable soil that is incapable of properly supporting the pipe, as
determined by the Engineer, is encountered in the trench bottom, such soil shall be
removed to a depth designated by the Engineer, and trench backfilled to trench bottom
grade with coarse sand, fine gravel, or other suitable material.
APPROVAL OF SUBGRADE
A.
Notify Resident Inspector when excavations have reached required subgrade.
B.
If Resident Inspector determines that unsatisfactory soil is present, continue excavation and
replace with compacted backfill or fill material as directed.
1.
Additional excavation and replacement material will be paid for according to Contract
provisions for changes in the Work.
C.
Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or
construction activities, as directed by Resident Inspector.
UNAUTHORIZED EXCAVATION
A.
Fill unauthorized excavations as directed by Engi~eer.
STORAGE OF SOIL MATERIALS
A.
Stockpile borrow materials and satisfactory excavated soil materials. Stockpile soil materials
without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to
prevent windblown dust.
1.
Stockpile soil materials away from edge of excavations. Do not store withindnp line of
remaining trees.
UTILITY TRENCH BACKFILL
A.
During excavation, material suitable for backfill shall be stored in an orderly manner a
minimum distance of one times the depth of the excavation back from the edges of the trenches
to avoid overloading and prevent slides or cave-ins.
EARTHWORK
02300 -5
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B. Place and compact bedding course on trench bottoms and where indicated. Shapebedding
course to provide continuous support for bells, joints, and barrels of pipes and for joints,
fittings, and bodies of conduits.
C. Place and compact initial backfill of select backfill material to a height of 12 inches over the top
. of pressure pipelines. Fill shall be placed in 6 inch layers.
1. Each layer shall be moistened and carefully and uniformly compact material around pipe
and bring backfill evenly up on both sides and along the full length of utility piping or
conduit to avoid damage or displacement of utility system.
D. Coordinate backfilling with utilities testing. Pipe joints, gravity blocks, and conflicts shall be
left exposed until visually inspected and approved by the.Utilities Inspector.
E. Fill voids with approved backfill materials while shoring and bracing, and as sheeting IS
removed.
F. Remainder of backfill material shall then be placed and compacted above level specified in C
above. III areas not subject to traffic, backfill shall be placed in 12 inch layers and each layer
moistened and compacted to density at least equal to that of the surrounding earth. Under
, roadways, driveways, 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 density at least
equal to that of the surrounding earth so that traffic can be resumed immediately after
backfilling is completed.
G. Install warning tape directly above utilities, 12 inches below finished grade, except 6 inches
below sub grade under pavements and slabs.
3.10 COMPACTION OF BACKFILLS AND FILLS
A. Place backfill and fill materials in layers not more than 6 inches in loose depth for material
compacted by heavy compaction equipment, and not more than 4 inches in loose depth for
material compacted by hand-operated tampers.
B. Place backfill and fill materials evenly on all sides of structures to required elevations, and
uniformly along the full length of each structure.
C. Compact soil in areas not subject to traffic to not less than the following' percentages of
maximum dry unit weight according to ASTM D 698:
1. Select backfill material up to 12" above top of pipe, compact each layer of backfill or fill
material at 92 percent.
2. Backfill material from 12" above pipe to ground surface, compact each layer of backfill
or fill material at 85 percent.
3. Backfill material within Augusta and State right-of-ways shall conform to Georgia
Department of Transportatiol1 and City of Augusta specifications.
3.11 GRADING
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A. General: Uniformly grade areas to a smoothsuI-face,freefrom irregular surface changes.
Comply with compaction requirements and grade to cross sections, lines, and elevations
indicated.
1. Provide a smooth transition between adjacent existing grades and new grades.
B. Site Grading: Slope grades to prevent ponding.
3.12 BORING AND)ACKING
A. Where required by the drawings, the pipeline will be installed in a steel casing, placed by
boring and jacking. Where boring is required under highways, the materials and work-
manship will be in accordance with the standards of the Georgia Department of Trans-
portation or local authority. The steel casing shall be in accordance with ASTM A252 to
the thicknesses shown on the drawings.
3.13 DIRECTIONAL DRILLING- See specifications Section 02520
3.14 FIELD QUALITY CONTROL
C. Testing Agency: Owner will engage a qualified independent geotechnical engineering testing
agency to perform field quality-control testing.
D. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with
subsequent earthwork only after test results for previously completed work comply with
requirements.
E. Testing agency will test compaction of soils in place according to ASTM D 1556,
ASTM D 2167, ASTM D 2922, and ASTM D 2937, as applicable. Tests will be performed at
the following locations and frequencies:
1. Trench Backfill: At each compacted initial and final backfill layer, at least one test for
each 150 feet or less of trench length, but no fewer than two tests.
F.
When testing agency reports that sub grades, fills, or backfills have not achieved degree of
compaction specified, scarify and moisten or aerate, or remove and replace soil to depth
required; recomp~ct and retest until specified compaction is obtained.
3.15
PROTECTION,
G.
Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep.
free of trash and debris.
H.
Repair and reestablish grades where completed or partially completed surfaces become eroded,
rutted, settled, or where they lose compaction due to subsequent construction operations or
weather conditions.
1.
Where settling occurs before Project correction period elapses, remove finished surfacing,
backfill with additional soil material, compact, and reconstruct surfacing.
EARTHWORK
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'I. Restore appearance, quality, and condition of finished surfacing to match adjacent work,
and eliminate evidence ofnistoration to the greatest extent possible.
3.16 DISPOSAL OF SURPLUS AND WASTE MATERlALS
3.17
J. Disposal: Transport surplus satisfactory soil to designated storage areas on Owner's property.
Stockpile or spread soil as directed by Engineer.
,1. Remove waste material, including unsatisfactory soil, trash, and debris, and legally
dispose of it off Owner's property.
MEASUREMENT AND PAYMENT
A.
Excavation and backfilling for pipelines and appurtenances, expect as hereinafter provided for,
will be considered as incidental to the construction of the various elements of the installation it
is associated with, and no separate payment will be made therefore.
B.
When made at the direction of the Engineer, overcut, rock excavation and backfill to
compensate for rock will be made at the unit contract price for rock excavation per cubic yard
measured in place.
C.
When made at the direction of the Engineer, overcut and backfill to compensate for inadequate
foundation will be paid for at the unit contract price for overcut and clean stone bedding, per
ton of stone.
D.
Sheeting ordered to be left in place will be paid for at the unit contract price for sheeting left in
place, per board foot.
E.
Joints in pavement will not be paid for separately. Pavement removal and replacement will be
paid for at the unit contract price therefore, per square yard.
a. PAVEMENTSTRUCTURES
ITEM P-l - Asphalt overlay shall be measured in square yards and shall include costs for asphalt ma-
terials 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 and asphalt patch shall be measured in square yards and shall include
costs for all aggregates (regardless of type), 2 Y2 " aggregate 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 as-
phalt (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 addi-
. tional paymer;t shall be made for these items.
ITEM P-4 - Milling shall be measured in square yards and shall include all materials, labor, ~quip-
ment, 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. Exist-
02300 - 8
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, ingconcrete shall be removed to the nearest joint as directed by the project representative. No addi-
tionalpayment 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, site preparation. Existing asphalt shall be removed to the nearest joint as di-
rected by the project representative. No additional payment shall be made for these items.
ITEM P-8 - Curb and/or gutterplacement shall be measured in linear feet and shall include costs for
concrete, installation, site preparation, formwork, and finishing. No additional payment shall be made
for these items. -
ITEM P-9 - Curb and gutter removal and replacement shall be measured in linear feet and shall in-
clude costs for removal and disposal of existing concrete curb and gutter, concrete, installation, site
preparation, formwork, and finishing. No additional paymentshall be made for these items.
b. 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.
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 veri-
fied 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.
c. 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.
END OF SECTION 02300
EARTHWORK
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SECTION 02510 - WATER SUPPLY MAIN
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PART 1 - GENERAL
1.1 RELATED DOCUMENTS
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Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
SUMMARY
A.
This Section includes water-distribution piping and specialties for the following:
1. Public water supply main.
B.
Utility-furnished products include water meters that will be furnished to the site, ready for
installation.
DEFINITIONS
A. Public Water Supply Main: Exterior water piping for portable water supply.
B.
The following are industry abbreviations for ductile iron pipe materials:
1. DIP: Ductile Iron Pipe.
2. RJP: Restrained Joint Pipe.
3. RJF: Restrained Joint Fittings.
SUBMITTALS
A.
Product Data: For the following:
1. Piping specialties.
2. Valves and accessories.
3. Fire hydrants.
B.
Shop Drawings: For the following:
1. Precast concrete vaults, including frames and covers, ladders, and drains.
C.
, Field Quality-Control Test Reports: From Contractor.
QUALITY ASSURANCE
A.
Product Options: Drawings indicate size, profiles, and dimensional requirements of piping and
specialties and are based on the specific system indicated. Refer to Division 1 Section "Product
Requirements. "
WATER SUPPLY MAIN
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1.6
1.7
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Regulatory Requirements:'
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1. Comply with requirements of utility company supplying water. Include tapping .of water
mains and backflow prevention.
C.
Piping materials shall bear label, stamp, or other markings of specified testing agency.
DELIVERY, STORAGE, AND HANDLING
A.
Preparation for Transport: Prepare valves, including fire hydrants, according to the following:
1. Ensure that valves are dry and internally protected against rust and corrosion.
2. Protect valves against damage to threaded ends and flange faces.
3. Set valves in best position for handling. Set valves closed to prevent rattling.
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B.
During Storage: Use precautions for valves, including fire hydrants, according to the following:
1. Do not remove end protectors unless necessary for inspection; then reinstall for storage.
2. Protect from weather. Store indoors and maintain temperature higher than ambient dew-
point temperature. Support off the ground or pavement in watertight enclosures when
outdoor storage is necessary.
C.
Handling: Use sling to handle valves and fire hydrants if size requires handling by crane or lift.
Rig valves to avoid damage to exposed parts. Do not use handwheels or stems as lifting or
rigging points.
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D.
Deliver piping with factory-applied end caps. Maintain end caps through shipping, storage, and
handling to prevent pipe-end damage and to prevent entrance of dirt, debris, and moisture.
E.
Protect flanges, fittings, and specialties from moisture and dirt.
F.
Store plastic piping protected from direct sunlight. Support to prevent sagging and bending.
PROJECT CONDITIONS
A.
Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others
unless permitted under the follOWing conditions and then only after arranging to provide
temporary utility services according to requirements indicated:
1. Notify Engineer not less than two days in advance of proposed utility interruptions.
2: Do not proceed with utility interruptions without Engineer's written permission.
1.8 COORDINATION
A.
Coordinate connection to water main with Augusta Utility Department.
responsible foy, verifying the exact location, size,' and material of existing
infrastructure proposedfor connection or use by the project.
Contractor is
water system
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PART 2 - PRODUCTS
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MANUF ACTURERS
A.
Manufacturers: Subject to compliance with requirements, provide products by the
manufacturers specified.
PIPING MATERIALS
A.
Refer to Part 3 "Piping Applications" Article for applications of pipe, tube, fitting, and joining
materials.
DUCTILE-IRON PIPE AND FITTINGS
A.
Mechanical-Joint, Ductile-Iron Pipe: AWWA C151, with mechanical-joint, bell- and plain-
spigot end unless grooved or flanged ends, are indicated. For Water Mains 6" through 16",
Pressure Class 350 pipe shall be used. For Water Mains 18" through 24", Pressure Class 300
pipe shall be used.
1. Mechanical-Joint, Ductile-Iron Fittings: A WW A C 11 0, ductile-iron standard pattern or
A WW A C153, ductile-iron compact pattern.
a. Glands, Gaskets, and Bolts: A WW A C Ill, ductile-iron glands, rubber gaskets,
and tee bolts and nuts shall be Cor-Ten Steel.
B.
Push-on-Joint, Ductile-Iron Pipe: A WW A C151, with push-on-joint,bell- and plain-spigot end
unless grooved or flanged ends are indicated. For Water Mains 6" through 16", Pressure Class
300 pipe shall be used. For Water Mains 18" through 24", Pressure Class 300 shall be allowed.
1. Push-on-Joint, Ductile-Iron Fittings: A WW A ClIO, ductile-iron standard pattern or
A WWA C153, ductile-iron compact pattern.
a. Gaskets: A WW A Cll1, rubber.
c.
Flanged, Ductile Iron: Flanged ductile iron pipe shall have threaded ductile iron flanges and shall
confirm to the requirements of A WWA Cl15. All flanges shall be Ductile Iron Class 150, ANSI
B16.5. Flanges shall be flat faced and all joints shall use 1/8" black neoprene full-faced gaskets.
D.
Ductile iron pipe and fittings shall have bituminous coating outside and shall be cement lined in
accord~nce with AWWA C104/ANSI A21.4 (latest version). DIP shall have 1/16" cement
mortar lining with rubber gasket push-on joints or mechanical joints. Mechanical joint glands
shall be ductile iron. Tee bolts and nuts shall be Cor-Ten steel. Rubber gasket joints shall
conform to A WW A C 111/ ANSI A21.ll (latest version), and shall be furnished by the pipe
manufacturer with the pipe. A non-toxic vegetable soap lubricant shall be supplied with the
pipe in sufficient quantities for installing the pipe. The lubricant shall be approved by NSF for'
use with potable water mains.
E. Restrained Joint Pipe and Fittings:
WATER SUPPLY MAIN
02510- 3
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1. Restrained Joint Pipe (RJP): Restrained joint pipe(RJP) shall be ductile iron pipe IF shall
be U.S. Pipe TR-Flex, American Ductile Iron Pipe Loc-ring.or approved equal.
2. Restrained Joint Fittings (RJF): Restrained joint fittings (RJF) shall be accomplished with
ductile mechanical joint fittings and a mechanical joint, follower gland Series!l 00
Megalug as manufactured by EBAA Iron Inc. Where thrusts blocks are used to resist tee
branches no Megalug glands shall be used. '
2.4 GATE VALVES
A. A WW A 509, Cast-Iron Gate Valves (6" to 12"):
1. Manufacturers:
a. Mueller, M&H, or approved equal.
2. Nonrising-Stem, Resilient-Seated Gate Valves: A WWA C509, gray- or ductile-iron body
and bonnet; with bronze or gray- or ductile-iron gate, resilient seats, bronze stem, and
stem nut.
a. Minimum Working Pressure: 200 psig (1380kPa).
b. End Connections: Mechanical joint.
c. Interior Coating: Complying with A WW A C550.
2.5 BUTTERFLY VALVES (12" and larger)
A. A WW A C504, Class 150B Butterfly Valves:
1. All butterfly valves shall be of the rubber-seated tight-closing type, gear operafed. They
shall meet or exceed A WW A StandardC504. All valves shall be M&H 4500 butterfly
valves, or approved equal.
Both valve ends shall be mechanical-joint (flanged in vault applicationper A WW A Stan-
dard Cll1. Accessories (bolts, glands, and gaskets) shall be supplied by the valve manu-
facturer. Valves indicated to have RJF's shall have Megalug glands.
All valves must use full A WW AC504Class 150B valve shaft diameter, and full Class
l50B underground-service-operator torque rating throughout entire travel, to provide ca-
pability for operati.on in emergency service. All valves shall be NSF approved.
Valve body shall be high-strength cast iron ASTM A126 Class B with 18-8 Type 304
stainless steel body seat. Valve vane shall behigh-strength cast iron ASTM A48 Class
40, having rubber seat mechanically secured with an integral 18-8 stainless steel clamp
ring and 18-8 stainless steel self...locked screws.
Rubber seat shall be a full-circle 3600 seat not penetrated by the'valYe shaft. For valves
4 "-12" the valve shaft shall be one piece, extending full size through the entire valve.
V alve shaft shall have 304 stainless steel. Packing shall be O-ring cartridge designedJor
WATER SUPPLY MAIN
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permanent duty in underground service. For 14" and larger valve shaft shall be 18-8
stainless steel stub shaft design keyed to the vane with stainless steel taper pins.
2. All butterfly valves shall be of the rubber-seated tight-closing type. They shall meet or
exceed A WW A Standard C504. All valves shall be M&H butterfly valves, or approved
equal.
3. Valve ends shall be Mechanical Joint-Both ends of valve shall be "MJ" per A WW A
C 111. "MJ" accessories (bolts, glands, gaskets) must be supplied by valve manufacturer.
with the exception of valves specified to have RJF's.
4. Valve operator shall be of the traveling-nut type, sealed, gasketed, and lubricated for un-
derground service. It shall be capable of withstanding an overload input torque of450 ft.
lbs. at full-open or full-closed position without damage to the valve or valve operator. It
shall be designed for submergence in water to 25 ft. head pressure for up to 72 hours.
Number of turns to operate valve shall be as listed below in order to closely resemble
conventional distribution valve practices; and to minimize water hammer.
PLUG VALVES
A. Valves:
1. Valves shall be of the 90 degree turn, non-lubricated eccentric type with resilient faced
plugs and shall be furnished with end connections as shown on the drawings. Flanged
valves shall be faced and drilled to the ANSI 125/150 lb. standard. Mechanical Joint
ends shall be to the AWWA Standard C111-64, grooved ends per AWWA C-606-87.
Screwed ends shall be to the NPT standard. .
2. Valves shall have sleeve type metal bearings and shall be of sintered, oil impregnated
permanently lubricated type 316 ASTM A 743 Grade CF-8Min 12"-36" sizes. In valves
larger than 36", the upper and lower plug journals shall be fitted with ASTM A-240 type
316 stainless sleeves with bearings of ASTM B30, Alloy C95400 aluminum bronze.
Non-metallic bearings shall not be acceptable.
3. Valves shaft seals shall be of the multiple V-ring type and shall be externally adjustable
and repackable without removing the bonnet or actuator from the valve under pressure.
Valves utilizing O-ring seals or non-adjustable packing shall not be acceptable.
4. Valve pressure ratings shall be 175 psi through 12" and 150 psi for 14" through 72".
Valves shall provide drip-tight shutoff up to the full pressure rating with pressure in
either direction. Each valve shall be given a hydrostatic and seat test with the test results
being certified in accordance with ANSI B 16.1. If requested, the manufacturer shall
provide a complete site visit to~ the manufacturing facility for the owner, engineer and
contractor to witness the testing process.
5. Experience in the manufacture of similar size and type valves shall be required and
verifiable documentation shall be provided. The manufacturer of the plug valves shall
submit positive proof and valid documentation that they have successfully manufactured
a minimum of ten (10) valve installations of the specified size, port type and eccentric
WATER SUPPLY MAIN
02510 - 5
desigri which have been successful in operation for at least five (5) yearsoeach. Eccentric
plug valves shall be.manufactured by DeZURlK. or equal. '
B. Valve bodies:
1. Valve bodIes shall be of ASTM A126 Class B cast iron. Bodies in 4" and larger valves shall
be furnished with a 1/8" welded overlay seat of not less than 90% pure nickel, machined to
mate with the resilient faced plug. Valves that do not provide positive mating of the resilient
faced plug with the nickel seat shall not be acceptable. Seat area shall be raised, with raised
surface completely covered with weld to insure that the plug face contacts only nickel.
Screwed-in seats shall not be acceptable.
2. True eccentric action shall be required. Desigri of the valve shall provide for a rectangular
port that allows contact between the welded nickel seat and the plug to occur only in the final
3 degrees of the plug movement. Round ported valves as well as other non-eccentric action
valves shall not be acceptable. If requested, the manufacturer shallprovide a complete site
visit to the manufacturing facility for the owner, engineer and contractor to witness the eccen-
tric action of partially assembled valves and to verify the size and shape of the port area .as
well as the welded nickel seat.
C. Plugs:
Plugs shall be of ASTM A126 Class B cast iron. The plug shall have a cylindrical seating surface
eccentrically offset from the center of the plug shaft. The interference between the plug face and
the body seat, with the plug in the closed position, shall be externally adjustable in the field with
the valve in line under pressure. The plug shall be completely coated with a hycar compound
suitable for use with sewage. All chemical sludge lines (any sludge line exposed to chemicals
such as alum, ferric chloride, etc.) shall be coated with a pure synthetic viton compound of a
minimum of 70 durometer hardness bonded to the plug. The hycar and viton shall be applied at
the factory to insure that the plug is completely coated and then heat-treated to insure a positive
bond. Follmying this process, bare cast iron shall not be visible or exposed in the flow area to in-
sure that the plug is abrasion resistant and suitable for service in raw water, sludge and chemi-
cally treated water applications.
D. Valve Actuators:
1. Valve actuators for m~nual valves shall have lever or gear actuators and tee wrenches, exten-
sion stems, floorstand, extended bonnet, etc. as indicated on the plans. All extended bonnets
must have gear located at the operator - stem extensionS with handwheel operators are not an
acceptable equivalent. All valves 6" and larger shall be equipped with gear actuators. All
gearing shall be enclosed in a semi-steel housing and be suitable for running in a lubricant
with seals provided on all shafts to prevent entry of dirt and water into the actuator. The ac-
tuator shaft and the quadrant shall be supported on permanently lubricated bronze bearings.
Actuators shall clearly indicate valve position and an adjustable stop shall be provided to set
closing torque and to provide seat adjustment to compensate for change in pressure differen-
tial orflow direction change. All exposed nuts, bolts and washers shall be zinc plated.
2. Valve and gear actuators for buried or submerged service shall have seals on all shafts and
gaskets on the valve and ac1uator covers to prevent the entry; of water: .f>-ctuator mounting
WATER SUPPLY MAIN
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brackets for buried or submerged service shall be totally enclosed and shall have gasket seals.
All exposed nuts, bolts and washers shall he iinc plated.
VALVE ACCESSORIES AND SPECIAL TIES
A.
Valve Boxes: Comply with A WW A M44 for cast-iron valve boxes. Include top section,
adjustable extension of length required for depth of burial of valve, plug with lettering
'WATER," bottom section with base of size to fit over valve, and approximately 5-inch-
diameter barrel.
1. Operating Wrenches: Steel, tee-handle with one pointed end, stem of length to operate
deepest buried valve, and socket matching valve operating nut.
2. Valve boxes shall be M&H E-2702, Mueller Hl0364, or approved equal. Each box to be
slip tYpe to adjust for a minimum cover of 48" bury. Extensions shall be M&H E-3120
or Mueller H-l0375.
PRESSURE REDUCING VALVES
A.
Operation: The pressure reducing valve with reverse flow shall reduce a high incoming pres-
sure to a lower, constant discharge pressure regardless of variations in upstream pressure or
flow rate. In addition, the valve will open to reverse feed whenever the normal supply pres-
sure drops below the discharge pressure. The valve shall be Ross Model40WR-R Figure 11.
B.
Design:
1. The pressure reducing valve shall be flanged body, fully mounted, external pilot operated,
with free floating piston (operated without springs, diaphragm or levers), single seat with seat
bore equal to size of valve. The minimum travel ofthe piston shall be equal to 25% of the di-
ameter of the seat. For true alignment, the piston shall be guided above and below the seat a
distance equal to no less than 75% of the diameter of the seat to correct lateral thrust and stem
binding. Piston shall be cushioned and so designed as to insure positive closure. The main
valve shall be packed with leather (or other soft material) to insure tight closure and prevent
metal-to-metal friction and seating. Furnished with indicator rod & stuffing box to show po-
sition of piston opening. The design shall be such that repairs and dismantling internally of
main valve may be made without its removal from the line.
2. The hydraulic pilot(s) with a range for adjustment and controlling the operation of main
valve, shall be easily accessible, and so arranged with isolation ball valves to allow for its
removal from the control circuit while the main valve is under pressure. An external strainer
with flushing cock shall be provided in the control circuit to protect the pilot and speed con-
trol valve(s).
3.'. The external controls and associated rigid brass piping/fittings necessary for proper operation
(except the separate static pressure sensing line if required), shall be factory assembled and
WATER SUPPLY MAIN
02510 - 7
furnished with the main valve. Brass bushings with gauge cock on inletand outlet of main
valve to receive pressure gauges for testing purposes.
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C. Physical and Chemical Properties:
1. Valve body and caps shall be constructed of gray iron castings that conform to ASTM Speci-
fication A 126 Class B, ductile iron castings that conform to ASTM Specification A536-84,
or steel castings that conform to ASTM Specification A2l6 Grade WCB.
5. The flanged assemblies shall conform to ANSI standards for wall thickness of body and caps,
and flange thickness and drilling, subject to other specified standards.
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2. Bronze parts shall conform to ASTM Specification B-62. Stainless parts shall conform to ASTM
Specification A743 Grade CF-8 or CF-8M. Teflon coated parts shall receive two coats of Teflon TFE
with a total minimum thickness of 10 mils.
3. The main bushing, Part #14 and bottom cap cylinder, Part #23, shall be supplied with Teflon
coating. The Teflon shall be applied in two parts:
Part 1 shall be a primer Teflon coating, with a minimum thickness of 5 mils. Part 2 shall
be a finish coat of Teflon TFE with a minimum thickness of 5 mils. for a final coat mini-
mum thickness of 10 mils.
4. The seat ring, Part #24, seat skirt, Part #8 and seat ring bolts, nuts and washers shall be Grade
304 Stainless Steel.
D. Tests:
A hydrostatic test shall be performed at the factory prior to shipment. The valve shall be tested to
two (2) times the working pressure, maximum 500 psi testing pressure, subject to contract. The
valve performance and hydrostatic tests may be witnessed by the customer/engineer or represen-
tative.
E. Painting:
1. Ferrous surfaces of valve shall be coated with NSF Certified Epoxy (Tnemec Series
FC20 or N140F) in accordance with ANSI/NSF Std. 61, and conforms to A WW A D 1 02
Inside System No. 1.
2. Valve shall be equal in all respects to the Mode140WR-R Figure 11 as manufactured by
the Ross Valve Mfg. Co;, Inc.
1. Dry-Barrel Fire Hydrants: A WW A C502, one NPS 4-1/2 and two NPS 2-1/2 outlets, 5-
1/4-inch main valve, drain valve, and NPS 6 mechanical-joint inlet. Include, interior
" coating according to A WW A C550. Hydrant shall have cast-iron body, compress~on-type
valve opening against pressure and closing with pressure, and 150-psig minimum
working-pressure design.
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COMBINATION AIR VALVES: AWWAC512, hydromechanical device to automatically
release accumulated air. Include 300-psig working-pressure design. Combination air valves
shall be manufactured by APCO Williamette or equal.
A. Freestanding Fire Hydrants
WATERSUPPLYMAIN." '
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a. Mueller #A-240l8.
b. M&H Figure 29T A WW A Compression Type Dry Top-Traffic Model
working pressure, 300 psi testing pressure
c. Kennedy K-8lD
150 psi
3. Hos,e and pumper nozzle threading shall be national standard.
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4. Connection shall be 6-inch mechanical joint. Hydrants shall have as Y4 inch interior valve
opening and be restrained form hydrant to tee at the main.
5. Each hydrant shall be provided with a resilient seat gate valve.
6. Direction of Opening: Open hydrant valve by turning operating nut to left or
counterclockwise.
7. Exterior Finish: Safety yellow body with white bonnet and caps.
PART 3 - EXECUTION
3.1 EARTHWORK.
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Refer to Division 2 Section "Earthwork" for excavating, trenching, and backfilling.
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3.2 PIPING APPLICATIONS
A. General: Use pipe, fittings, and joining methods for piping systems according to the following
applications.
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B. Underground Water-Service Piping: Use any of the following piping materials for each size
range:
66"-24": A WW A Ductile-iron, push-on-joint pipe; ductile-iron, push-on-joint fittings; and gasketed or
mechanical-joint pipe; ductile~iron, mechanical-joint fittings; and mechanical joints.
3.3 VALVE APPLICATIONS
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A.
Drawings indicate valve types to be used. Where specific valve types are not iI1dicated, the
following requirements apply:
1. Underground Valves, NPS 3 and Larger: A WW A, cast-iron, nonrising-stem, resilient-
seated gate valves with valve box.
2. Underground Valves, Sizes Larger than 12": A WW A C504 butterfly valves.
3. Pressure Reducing Valves: Use. for water supply main piping in vaults and aboveground.
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4; Combination Air Valves: To release accumulated air or relieve vacuum.
3.4
JOINT CONSTRUCTION
A.-
Make pipe joints according to the following:
1. Ductile-Iron Piping, Gasketed Joints for Water-Service Piping: A WW A C600 and
AWWAM41.
3.5
PIPING INSTALLATION
A. Water-Main Connection: Tap water main according to requirements of the City of
Augusta and of size and in location indicated on the drawings.
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B. Make connections larger than NPS 2 with tapping machine according to the following:
1. Install tapping sleeve and tapping valve according to MSS SP-60.
2. Install tapping sleeve on pipe to be tapped. Position flanged outlet for gate valve.
3. Use tapping machine compatible with valve and tapping sleeve; cut hole in mam.
Remove tapping machine and connect water-service piping.
4. Install gate valve onto tapping sleeve. Comply with MSS SP-60. Install valve with stem
pointing up and with valve box.
C. Install ductile-iron, water-service piping according to A WW A C600 and A WWA M41.
D. Bury piping with depth of cover overtop at least 48 inches, with top at least 12 inches below
level of maximum frost penetration.
E. Install piping by tunneling, jacking, or combination of both, under streets and other obstructions
that cannot be disturbed.
F.' Install underground piping with restrained joints at horizontal and vertical changes in direction.
Use restrained-joint piping, thrust blocks, anchors, tie-rods and clamps, andothet supports.,
3.6 ANCHORAGE INSTALLATION
A. Install anchorages for tees, plugs and caps, bends, crosses, valves, and hydrant branches.
Include anchorages for the following piping systems:
1. Gasketed-Joint, Ductile-Iron, Piping: According to A WW A C600.
B. Apply full coat of asphalt or other acceptable corrosion-resistant material to surfaces of installed
ferrous anchorage devices.
WATER SUPPLY MAIN
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3:7
VALVE INSTALLATION
A.
A WW A Butterfly Valves: Comply with A WW A C600 and A WW A M44. Install each
underground valve with stem pointing up and with valve box.
B.
Relief (Pressure, Air, & Vacuum) Valves: Install in vault with shutoff valve on inlet.
3.8
FIRE HYDRANT INSTALLATION
A.
General: Install each fire hydrant with separate gate valve m supply pIpe, anchor with
restrained joints or thrust blocks, and support in upright position.
B.
A WW A-Type Fire Hydrants: Comply with A WW A M17.
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3.9 JACK & BORE INSTALLATION
A. Casing pipe used with jack and bore shall be in accordance with requirements of the Georgia
Department of Transportation (GDOT) specifications.
B. Boring and Jacking: Where required by the drawings, the water line will be installed in a steel
casing, placed by boring and jacking.
C. Where boring is required under highways, the materials and workmanship will be in accordance
with the standards of the Georgia Department of Transportation and the Augusta Public Works
Dept.
1. Casing Pipe: The casing pipe shall conform to the materials standards of ASTM
Designation A252, with minimum wall thickness of 0.375 inch... Steel pipe will have
minimum yield strength of 35,000 psi. Casing pipe joints shall be butt welded,
continuous, full penetration.
2. Carrier Pipe: The carrier pipe shall be restrained joint ductile iron as specified herein.
3. Installation: The steel casing shall be installed by the "Dry Bore and Jack" method. If
voids 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.
3.10 Directional Drilling: See specifications Section 02520
3.11 CONNECTIONS
A. Piping installation requirements are specified in other Division 2 Sections. Drawings indicate
general arrangement of piping and specialti es.
B. Connect water-distribution piping to existing water main. Use tapping sleeve and tapping valve
under the direct supervision of the Augusta Utilities Department. Tapping Sleeves and Valves
shall be chlorinated in accordance with A WW A requirements and shall be press,uretested prior
to tapping.
WATER SUPPLY MAIN
02510- 11.
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3.12
FIELD QUALITY CONTROL
... :
A.
Piping Tests: Conduct piping tests before joints are covered and after thrust blocks have
hardened sufficiently. Fill pipeline 24 hours before testing and apply test pressure to stabilize
system. Use only potable water.
C.
Hydrostatic Tests: Testing to be in accordance with A WW A Standard C600, Section 4.1.
1. Contractor to furnish necessary equipment and test the piping under the Supervision of
the Engineer and Utility Department Inspector for a period of at least 2 hours at 1.5 times
the working pressure at the point of testing. Inspect all joints and remedy to the
satisfaction of the Engineer any defects discovered. Repeat tests as necessary until
pressure remains constant with a maximum pressure drop of 5 psi for the duration of the
test.
D.
Leakage Test: Immediately following the pressure test, Contractor shall perform a leakage test
in accordance with A WW A Standard C-600.
1. Leakage is defined as the quantity of water to be supplied into newly laid, or any valved
section thereof necessary to maintain the specified leakage test filled with water to within
5 psi of the test pressure. No pipe installation shall be accepted until the leakage is less
than the number of gallons per hour as determined by the following formula:
L = (S*D*(P)^1/2)/133200
Where L = Allowable leakage in gallons per hour
S = Length of pipe in the section tested.
P = average test pressure during the leakage test in pounds per square inch gauge.
D = nominal diameter of the pipe in inches
E. Prepare reports of testing activities.
3.13 DENTIFICATION
F. Detectable tape shall be place above all water lines and buried 12 inches below grade. See
Division 2 Section "Earthwork" for underground warning tapes.Delete below if metallic water-
service piping without electrically insulated fittings will be used.
3.14 CLEANING
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G. Clean and disinfect water-distribution piping as follows:
1. Purge new water-distribution piping systems arid parts of existing systems that have been
altered, extended, or repaired before use.
2. Duration of flushing will be as determined by the Augusta Utility Department Inspector.
WATER SUPPLY MAIN
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3.
, Flushing will.be conducted so as to prevent any damage from surrounding property.
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4. Use purging and disinfecting procedure prescribed by authorities having jurisdiction or, if
method is not prescribed by authorities having jurisdiction, use procedure described in
A WWA C651 or as described below:
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a. Fill system or part of system with water/chlorine solution containing at least 50
ppm of chlorine; isolate and allow to stand for 24 hours.
b. Drain system or part of system of previous solution and refill with water/chlorine
,solution containing at least 200 ppm of chlorine; isolate and allow to stand for 3
hours.
c. After standing time, flush system with clean, potable water until no chlorine
remains in water coming from system.
d. Submit water samples in sterile bottles to authorities having jurisdiction. Repeat
procedure if biological examination shows evidence of contamination.
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H.
Prepare reports of purging and disinfecting activities.
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3.15
MEASUREMENT AND PAYMENT
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A. Payment will be made at the unit contract prices as shown in the bid schedule under Water Main
Construction. See below for schedule and description of bid line items.
WATER MAIN
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ITEMS W-l throu2h W-3 - 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, normal
joints and gaskets, normal backfill, pressure and leakage testing, pipe sterilization, bacteriological
testing, and flushing. No additional payment shall be made for these items.
ITEM W-4 - Jack and bore line items shall be measured in linear feet and shall include costs for cas-
ing piping, carrier piping, and installation, blasting, asphalt cutting, restrained joints and gaskets, and
normal backfill. No additional payment shall be made for these items. Directional bore line items'
shall be measured in linear feet and shall include costs for boring, carrier piping, asphalt. cutting, re-
strained joints and gaskets. No additional payment shall be made for these items.
ITEM W-5 - Select backfill shall be measured in cubic yards 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 maximum trench width used to calculate the
volume will be 7 feet. No additional payment shall be made for these itel11s.
ITEM W -6 - 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 addi-
tional payment shall be made for these items.
ITEM W-7 - HighMax couplings shall be measured individually (each) and shall include costs for
couplings, soil surface preparation, connection to water main, excavation, asphalt/concrete cutting,
installation, normal backfill, and testing. No additional payment shall be made for these items.
,ITEM W-8 - Fire hydrants shall be measured individually (each) and shall include costs for hy-
drants, .soil surface preparation, connec~ion to water main, all associated valves' and fittings, concrete
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WATER SUPPL Y MAIN
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02510 - 13
pad (if required), excavation, asphalt/concrete cutting, installation, normal backfill: and testing. No
additional payment shall be made for these items. ,
ITEMS W-9 through W-12 - All valve line items shall be measured individually (each) and shallin-
clude costs for valves, valve boxes/vaults, manholes, valve extensions~ excavation, dewatering, as-
phalt/concrete cutting, all associated fittings, installation, normal backfill, and testing. No additional
payment shall be made for these items.
ITEM W-13 - Tapping valves and sleeves shall be measured individually (each) and shall include
costs for sleeve, valve, associated hardware, valve boxes, temporary plugging/draining of pipeline,
excavation, dewatering, asphalt/concrete cutting, installation, normal backfill, and testing. No addi-
tional payment shall be made for these items.
ITEM W-14 - Pressure reducing valve station shall include all items noted on drawing within limits
of pay item including vault, valves, valve boxes, valve extensions, all associated fittings, pipe, pres-
sure gauges, excavation, dewatering, asphalt/concrete cutting, installation, normal backfill, and test-
ing. No additional payment shall be made for these items.
ITEM W-15 through W-16 - Long and short side water service connections shall be measured indi-
vidually (each) and shall include costs for piping, water meter connection, dewatering, as-
phalt/concrete cutting (including service markings), installation, normal backfill, and property restora-
tion. This line item shall include the cost of reconnection of any existing services, if required. No ad-
ditional payment shall be made for these items.
ITEM W -17 - Polyethylene pipe wrap 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 W-18 - Tie-ins to existing lines shall be measured individually (each) and shall include costs
for piping, dewatering, asphalt/concrete cutting, installation, normal backfill, and property restoration.
No additional payment shall be made for these items. Note: Connections to existing lines utilizing
tapping valves and sleeves shall be paid for entirely under ITEM W -13 and will not receive addition
payment under this pay item.
ITEM W-19 - All cut-in gate valves shall be measured individually (each) and shall include costs for
valves, valve boxes/vaults, manholes, valve extensions, excavation, dewatering, asphalt/concrete cut-
ting, all associated fittings, installation, normal backfill, and testing. No additional payment shall be
made for this item.
ITEM W-20 - Cut and plug existing water line shall be measured individually and shall include all
costs associated with cutting into an existing line and plugging it as detailed in the plans and specifi-
cations. No additional payment shall be made for this item.
ITEM W-21 - Miscellaneous concrete 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. .
LUMP SUM CONSTRUCTION
ITEM LS-1 - 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.
END OF SECTION 02510
WATER SUPPLY MAIN
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SECTION 02520 - DIRECTIONAL DRILLING
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Divisiop 1 Specification Sections, apply to this Section.
1.2 SUMMARY
B. This Section includes directional drilling specialties for the following:
1. Public water supply main.
1.3 SCOPE
A. Furnish all labor, materials and equipment required to install 24" diameter potable waterpipe
using directional drilling method of installation, all in accordance with the requirements of the
Contract Documents. The pipe shall be ductile iron, restrained joint type, with the length as
specified herein and as shown on the Drawings. Work shall include and not be limited to proper
installation, testing, and environmental protection and restoration.
B. Protect all known underground utilities, structures, and drains using approved techniques.
C. The directional drill shall be ,!-ccomplished by first drilling a pilot hole to design standards, and
then enlarging the pilot hole no larger than 1.2 times the outside diameter of the pipe or pipe bell,
if applicable, to accommodate pull back.
D. Additional soil borings, if required, for certain subsurface soil conditions shall be provided by the
Directional Drilling Contractor within the scope of this project.
E. Work shall be constructed using all local, GDOT, and OSHA rules and guidelines for traffic
control and safety.
1.4 REFERENCE DOCUMENTS
American Water Works Association (A WW A)
A. A WW A C151: Push-on-Joint Ductile-Iron Pipe
1,5 ' SUBMITTALS
. A. Provide Manufacture's table of maximum allowable pulling or compressive force and deflection
for the type and size of pipe proposed for installation.
B. Provide a plan view markup showing proposed machine setup areas andlocations for drillpits
and pull pits.
DIRECTIONAL DRILLING
02520-
C. Provide project reference ystof completed directional drilling bores, which required similar hole
sizes, similar materials, similar formations and controlled radii.
D . Work plan: Prior to beginning work, the Contractor must submit to the Engineer a work plan
detailing the procedure and schedule to be used to execute the project. The work plan should
include a description of all equipmentto be used, down-hole tools, a list of personnel and their
qualification and experience (including backup personnel in the event that an individual is
unavailable), list of subcontractors, a schedule of work activity, a safety plan (including MSDS of
any potentially hazardous substances to be used), an environmental protection plan and
contingency plans for possible problems. Work plan should be comprehensive, realistic and based
on actual working conditions for this particular project. Plan should document the thoughtful
planning required to successfully complete the project.
E. Prior to pilot drilling for on-grade bores, provide a scaled profile and spreadsheet chart for each
pilot bore showing field verified depths for all utilities, ground elevations, minimum clearance,
invert elevations, cut to pilot depths, and cut to invert depths at 10 foot intervals.
F. Prior to pulling back on-grade carrier pipe, provide the same profile and spreadsheet listed above
showing the actual pilot elevations recorded at 10 foot intervals, and the deviations from the
proposed el evati ons.
G. Specifications on material to be used shall be submitted to Engineer. Material shall include the
pipe, fittings and any other item which is to be an installed component of the project.
H. Submit specifications on directional drilling equipment to be used to ensure that the equipment
will be adequate to complete the project. Equipment shall include but not be limited to: drilling
rig, mud system, mud motors (if applicable), downhole tools, guidance system, rig safety
systems. Calibration records for guidance equipment shall be included. Specifications for any
drilling fluid additives that Contractor intends to use or might use shall be submitted.
1. Contractor shall submit a safety policy prior to mobilization.
1.6 QUALITY ASSURANCE
A. The Contractor shall provide 48 hours notice prior to any underground drilling operations.
B. At the request of the Engineer, the Contractor will provide a hands-on overview of the drilling
and locating equipment to be used, as well as the methods and practices of monitoring the
accuracy of the bore.
C. The contractor shall exercise due diligence in attempting to maintain accurate line and grade
with minimum deviation to the submitted pilot bore profile. The Engineer shall be notified
immediately of any unforeseen site conditions, which the Contractor feels will render the bore
unusable or beyond the agreed limits of accuracy. .
PART 2 PRODUCTS
2.1 MA TERlAL REQUIREMENTS
DIRECTIONAL DRlLLING ,
02520-
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A. Pipe shall be push-on ductile iron restrained joint pipe as specified in Section 2.3: DUCTILE-
IRON PIPE AND FITTINGS, paragraphs B, D, ?,nd E, of specification SECTION 02510 -
WATER SUPPLY MAIN.
PART 3 - EQUIJ;>MENT AND PERSONNEL REQUIREMENTS
3.1 DRILL RIG
A. The directional drilling equipment shall consist ofa directional drilling rig of sufficient capacity to
perform the bore and pull back the pipe, a drilling fluid mixing, delivery and recovery system of
sufficient capacity to successfully complete the installation, a drilling fluid recycling system to
remove solids from the drilling fluid so that the fluid can be reused (if required), a magnetic
guidance system or walk-over system to accurately guide boring operations, a vacuum truck of
sufficient capacity to handle the drilling fluid volume, and trained and competent personnel to
operate the system. All equipment shall be in good, safe condition with sufficient supplies,
materials and spare parts on hand to maintain the system in good working order for the duration of
this project.
B. The directional drilling machine shall consist of a hydraulically powered system to rotate and push
hollow drilling pipe into the ground at a variable angle while delivering a pressurized fluid mixture
to a guidable drill (bore) head. The machine shall be anchored to the ground to withstand the
pulling, pushing and rotating pressure required to complete the installation. The hydraulic power.
system shall be self-contained with sufficient pressure and volume to power drilling operations.
Hydraulic system shall be free ofleaks. Rig shall have a system to monitor and record maximum
pull-back pressure during pull-back operations. There shall be a system to detect electrical current
from the drill string and an audible alarm, which automatically sounds when an electrical current is
detected.
C. The drill head shall be steerable by changing its rotation, and shall provide necessary cutting
surfaces and drilling fluid jets.
D. Mud Motors (if required): Mud motors shall be of adequate power to turn the required drilling
tools.
E. Shall be constructed of high quality 4130 seamless tubing, grade D or better, with threaded box
and pins. Tools joints should be hardened to 32-36 RC.
3.2 GUIDANCE SYSTEM
A. An electronic walkover tracking system or a Magnetic Guidance System (MGS) probe or proven
gyroscopic probe and interface shall be used to provide a continuous and accurate determination of
the location of the drill head during the drilling operation. -The guidance shall be capable of
tracking at all depths up to fifty feet and in any soil condition, including hard rock. It shall enable
the driller to guide the drill head by providing immediate information on the tool face, azimuth
(horizontal direction), and inclination (vertical direction). The guidance system shall be accurate
and calibrated to manufacturer's specifications ofthe vertical depth of the borehole at sensing
position at depths up to forty feet and accurate to 1 foot horizontally.
B. The Contractor shall supply all components and materials to install, operate, and maintain the
guidance system.
DIRECTIONAL DRlLLING
02520-
3
C. The guidance s)'stem shall be of a proven type, and shall be setup and operated by personnel
trained and experienced with the system. The operator shall be aware of any geo-magpetic
anomalies and shall consider such influences iri the operation of the guidance system.
3.3 DRILLING FLUID (MUD) SYSTEM
A. A self-contained, closed, drilling fluid mixing system shall be of sufficient size to mix and deliver
drilling fluid composed of bentonite clay, potable water, and appropriate additives. Mixing system
shall be able to molecularly shear individual bentonite particles from the dry powder to avoid
clumping and ensure thorough mixing. The drilling fluid reservoir tank shall be minImum of 1,000
gallons. Mixing system shall continually agitate the drilling fluid during drilling operations.
B. Drilling fluid shall be composed of clean water and bentonite clay. Water shall be from an
authorized source with a pH of 8.5.10. Water of a lower pH or with excessive calcium shall be
treated with the appropriate amount of sodium carbonate or equal. No additional material may be
used in drilling fluid without prior approval from ENGINEER. The bentonite mixture used shall
have the minimum viscosities as measured by a March funnel:
Rocky Clay - 60 seconds
Hard Clay - 40 seconds
Soft Clay - 45 seconds
Sandy Clay - 90 seconds
Stable Sand -80 seconds
Loose Sand - 110 seconds
Wet Sand - 110 seconds
These viscosities may be varied to best fit the soil conditions encountered, or as determined by the
operator.
C. The mud pumping system shall have a minimum capacity of 35-500 GPM and the capability of
delivering the drilling fluid at a constant minimum pressure of 1200 psi. The delivery system shall
have filters in-line to prevent solids frombeing pumped into drill pipe. Used drilling fluid and
drilling fluid spilled during operations shall be contained and conveyed to the drilling fluid
recycling system or shall be removed by vacuum trucks or other methods acceptable to Engineer.
A berm, minimJ.!m of 12 inches high, shall be maintained around drill rigs drilling fluid mixing
system, entry and exit pits and drilling fluid recycling system to prevent spills into the surrounding
environment. Pumps and or vacuum truck(s} of sufficient size shall be in place to convey drilling
fluid from containment areas to storage and recycling facilities for disposal.
1'.'
3.4 OTHER EQUIPMENT
A. Pipe rollers shall be used for pipe assembly during final project pull back.
B. Other devices or utility placement systems for providing horizontal thrust other than those
previously defined in the preceding sections shall not be used unless approved by the Engineer
prior to commencement of the work. Consideration for approval will be made on an individual
basis for each specified location. The proposed device or system shall maintain line and grade
within the tolerances prescribed by the particular conditions of the project. "
3.5 PERS.oNNEL REQUIREMENTS
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DIRECTIONAL DRILLING
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A. All personne1'shall be fully trained in their respective duties as part of the directional drilling'
crew and in safety. Each person must have at least two years directional drilling experience.
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B. A competent and experienced supervisor representing the Contractor and Drilling Subcontractor
shall be present at all times during the actual drilling operations. A responsible representative who
is thoroughly familiar with the equipment and type of work to be performed must be in direct
charge and control of the operation at all times. In all cases, the supervisor must be continually
present at the job site during the actual directional bore operation. The Contractorshall have a
sufficient number of competent workers on the job at all times to insure the Directional Bore is
made in a timely and satisfactory manner.
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D. Personnel who are unqualified, incompetent or otherwise not suitable for the performance ofthis
project shall be removed from the job site and replaced with a suitable person.
PART 4 EXECUTION
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4.1 GENERAL REQUIREMENTS
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A. The Engineer must be notified 24 hours in advance of starting work. It shall be the responsibility
of Engineer to provide inspection personnel at such time as appropriate without causing undue
hardship by reason of delay to the Contractor.
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B. All work under this specification affecting the Georgia Department of Transpcirtation (GDOT)
property, right-of-way or facilities shall be carried out to the full satisfaction ofthe GDOT
authorized representative. The Contractor shall fully inform himself of all requirements of the
GDOT as pertains to specific project and shall conduct all his work accordingly.
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C. All equipment used by the Contractor on Owner's property and right-of-ways may be inspe~ted by
the Owner or the Owner's Representatives and shall not be used if considered unsatisfactory by
Owner or Owner's Representatives.
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D. The Contractor shall be fully responsible for all damages arising from his failure to comply with
the r~gulations and the requirements of these specifications.
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4.2 DIRECTIONAL DRILLING OPERATION
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A. The Contractor shall provide all material, equipment, and facilities required for directional drilling.
Proper alignment and elevation of the bore hole shall be consistently maintained throughout the
directional drilling operation. The method used to complete the directional drill shall conform to
'the requirements of all applicable permits. Copies of all permits will be supplied to the Contractor
by the Owner.
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B. The entire drill path shall be accurately surveyed with entry and exit stakes placed in the
appropriate locati~ns within the areas indicated on drawings. If Contractor is using a magnetic
guidance system, drill path will be surveyed for any surface geo-magnetic variations or anomalies.
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C. Contractor shall place slit fence betweenall drill pit and any drainage or other area designated for
such protection necessary by documents, state, federal and local regulations. Additional
environmental protection necessary to contain any hydraulic or drilling fluid spills shall be put in
place, including berms; liners, turbidity curtains and other measures. Contractor shall adhere to all
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DIRECTIONAL DRILLING
02520- .
5
DIRECTIONAL DRlLLING
02520-
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applicable environmental regulations. Fuel may not be stored in bulk containers witl1in 200 feet of
any water body or wetland.
D. Readings shall be recorded after advanc~ment of each successive drill pipe (no more than 20 If.)
and the readings plotted on a scaled drawing. Access to all recorded readings and plan and profile
information shall be made available to the Engineer, or his representative, at all times. At no time
shall the deflection radiusofthe drill pipe exceed the deflection limits of the carrier pipe as
specified herein.
E. A complete list of all drilling fluid additives and mixtures to be used in the directional operation
will be submitted to the Engineer, along with their respective Material Safety Data Sheets. All
drilling fluids and lose cuttings shall be contained in pits or holding tanks for recycling or disposal,
no fluids shall be allowed to enter any unapproved areas or natural waterways. Upon
completion of the directional drill project, the drilling mud and cuttings shall be disposed
of by the Contractor at an approved dump site.
F. The pilot hole shall be drilled on bore path with minimal deviation proportionate to the grade being
maintained. In the event that pilot does deviate from the bore path, Contractor will notify Engineer
and Engineer may require Contractor to pullback and re-drill from the location along bore path
before the deviation. In the event that a drilling fluid fracture, inadvertent returns or returns loss
occurs during pilot hole drilling operations, Contractor shall contain the fractured area with
necessary erosion control devices to prevent damage to property or the environment.
G. Upon completion of pilot hole phase of the operation, a complete set of as-built records shall be
submitted in duplicate to the Owner. These records shall include copies of the plan and profile
drawing, as well as directional survey reports as recorded during the drilling operation.
H. Upon approval of the pilot hole location, the hole opening or enlarging phase of the installation
shall begin. The borehole diameter shall be increased to accommodate the pullback operation of
the required size of pipe. The type of hole opener or back reamer to be utilized in this phase shall
be determined by the types of subsurface soil conditions that have been encountered during the
pilot hole drilling operation. The reamer types shall be at the Contractor's discretion with the final
hole opening to be determined by the subsurface conditions.
1. The open borehole may be stabilized by means of bentonite drilling slurry pumped through the
inside diameter ofthe drill rod and through openings in the reamer. The drilling slurry must be in
a homogenouslflowable state servicing as an agent to carry the loose cuttings to the surface
through the annulus ofthe borehole. The volume of bentonite mud required for each pullback shall
be calculated based on soil conditions, largest diameter of the pipe couplings, capacity of the
bentonite mud pump, and the speed of pullback as recommended by the bentonite drilling fluid
manufacture. The bentonite slurry is to be contained at the exit or entry side of the directional bore
inpi~sor holding tanks. The slurry may be recycled at this time for reuse in the hole opening
operation, or shall be hauled by the Contractor to an approved dumpsite for proper disposal. .
J. The pipe shall be joined together according to manufacture's specifications. The gaskets and the
ends of pipe must be inspected and cleaned with a wet cloth prior to each joint assembly so they
are free of any dirt or sand. The ends of pipe must be free of any chips, scratches, or scrapes
before pipe is assembled. A pulling eye will be. attached to the pulling head on the lead stick of
pipe, which in turn will be attached to a swivel on the end of the drill pipe.. This will allow for a
straight, smooth pull ofthe project pipe as it enters and passes through the borehole toward the
drill rig.and original entrance hole of the directional bore. The product pipe will be elevated to the
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approximate angle of entry and supported by means of a sideboom with roller arm, or similar
equipment, to allow for the free stress situation asJhe pipe is pulled into the exit hole toward the
rill rig. The project pullback phase ofthedirectional operation shall be carried out in a continuous
manner until the pipe reaches the original entry side of the bore. When pulling back pipe, rollers
shall be used at all times to prevent damage to the pipe or wrap.
4.3 PIPE HANDLING
A. Care shall be taken during transportation of the pipe such that it will not be damaged.
B. Ropes, calipers, fabrics, or rubber protected slings and straps shall be used when handling pipes.
Chains, cables or hooks inserted into the pipe ends shall not be used. Two slings spread apart shall
, be used for lifting each length of pipe. Pipe or fittings shall not be dropped into rocky or
unprepared ground.
C. Pipes shall be stored on level ground, preferably turf or sand, free of sharp objects which could
damage the pipe. Stacking of the pipe shall be limited to a height that will not cause excessive
deformation of the bottom layers of pipes under anticipated temperature conditions. Where
necessary due to ground conditions, the pipe shall be stored on wooden sleepers, spaced suitably
and of such width as not to allow deformation ofthe pipe at the point of contact with the sleeper or
between supports.
D. The handling of the joint pipeline shall be in such a manner that the pipe is not damaged by
dragging it over sharp and cutting objects. Slings for handling the pipeline shall not be positioned
at pipe joints. Sections of the pipes with deep cuts and gouges shall be removed and the ends of
the pipeline rejoined.
4.4 TESTING PIPE
A. Hydrostatic and leakage testing, clean, flushing and disinfection of directional bore shall be
performed in accordance with Section 3.11 FIELD QUALITY CONTROL and Section 3.13
CLEANING of specification SECTION 02510 - WATER SUPPLY MAIN.
B. The manufacturer's recommendations on bend radius and compressive strength shall be observed.
D. Pipeline shall be tested end to end and may be tested separately or included with pipe installed by
the open trench method.
4.5 SITE RESTORATION
A. Following drilling operations, Contractor will de-mobilize equipment and restore the work site to
the original conditions or better. All excavations will be backfilled and compacted according to
the specifications.
B. Surface restoration shall be completed in accordance with the requirements of the contract, to a
condition as good as or better than existed prior construction.
4.6 RECORD KEEPING AND AS-BUlL TS
A. Contractor shall maintain a daily project log of drilling operations and a guidance system log with
a copy given to the Engineer, ifrequested,at completion of project.
DIRECTIONAL DRILLING
02520~
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SECTION 02920 - GRASSING
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'p ART 1 - GENERAL
1.1 SUMMARY
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1.2
1.3
1.4
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GRASSING
A.
This Section includes the following:
1. Seeding.
DEFINITIONS
A.
Finish Grade: Elevation of finished surface of planting soil.
DELIVERY, STORAGE, AND HANDLING
A.
Seed: Deliver seed in original sealed, labeled, and undamaged containers.
SCHEDULING
A.
Weather Limitations: Proceed with planting only when existing and forecasted weather
conditions permit.
LAWN MAINTENANCE
A.
Begin maintenance immediately after each area is planted 'and continue until acceptable
grassing is established, but for not less than"the following periods:
1.
Seeded Grassed Areas: 60 days from date of Substantial Completion.
a. When full maintenance period has not elapsed before end of planting season, or if
grassing is not fully established, continue maintenance during next planting
season.
B.
Maintain and establish grassing by watering, fertilizing, weeding, mowing, trimming;
replanting, and other operations. Roll, regrade, and replant bare or eroded areas and Temulch to
produce a uniformly smooth lawn.
1. In areas where mulch has been disturbed by wind or maintenance operations, add new
mulch. Anchor as required to prevent displacement.
, 02920 - 1
P ART 2 - PRODUCTS
2.1
A.
B.
2.2
A.
2.3
SEED
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Grass Seed: Fresh, clean, dry, new-crop seed complying with AOSA's "Journal of Seed
Technology; Rules for Testing Seeds" for purity and germination tolerances.
Seed Species: State-certified seed of grass species, as indicated on drawings.
TOPSOIL
Topsoil Source: Reuse surface soil stockpiled on-site. Clean surface soil of roots, plants, sod,
stones, clay lumps, and other extraneous materials harmful to plant growth.
FERTILIZER
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Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character, consisting of
fast- and slow-release nitrogen, .50 percent derived from natural organic sources of urea
formaldehyde, phosphorous, and potassium in the following composition:
A.
1. Composition: 1 Ib/1 000 sq. ft. of actual nitrogen, 4 percent phosphorous, and 2 percent
potassium, by weight.
2.4 MULCHES
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A., Straw Mulch: Provide air-dry, clean, mildew- and seed-free, salt hay or threshed straw of
wheat, rye, oats, or barley.
PART 3 - EXECUTION
3.1
3.2
GRASSING
EXAMINATION
A.
Examine areas to receive lawns and grass for compliance with requirements and other
conditions affecting performance. Proceed with installation only' after unsatisfactory conditions
have been corrected.
PREPARATION
A.
Provide erosion-control measures to prevent erosion or displacementbf soils and discharge of
soil-bearing water runoff or airborne dust to adjacent properties.
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3.3
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GRASSED AREA PREP ARA TION
A.
Limit grassed area lawn sub grade preparation to areas to be planted.
B.
Newly Graded Subgrades: Loosen subgi-ade to a minimum depth of 4 inches. Remove stones
larger than 3 inches] in any dimension and sticks,. roots, rubbish, and other extraneous matter
and legally dispose of them off Owner's property.
1. Apply fertilizer directly to sub grade before loosening.
2. Thoroughly blend planting soil mix off-site before spreading or spread topsoil, apply soil
amendments and fertilizer on surface, and thoroughly blend planting soil mix.
C. Fil1ish Grading: Grade planting areas to a smooth, uniform surface plane with loose, uniformly
fine texture. Grade to within plus or minus 1 inch of finish elevation. Roll and rake, remove
ridges, and fill depressions to meet finish grades. Limit fine grading to areas that can be planted
in the immediate future.
D. Moisten prepared grassed areas before planting if soil is dry. Water thoroughly and allow
surface to dry before planting. Do not create muddy soil.
E. Restore areas if eroded or otherwise disturbed after finish grading and before planting.
3.4 SEEDING
A. Sow seed with spreader or seeding machine. Do not broadcast or drop seed when wind velocity
exceeds 5 mph. Evenly distribute seed by sowing equal quantities in two directions at right
angles to each other.
1. Do not use wet seed or seed that is moldy or otherwise damaged.
B. Rake seed lightly into top 1/8 inch oftopsoi1,rolllightly, and water with fine spray.
C. Protect seeded areas by spreading straw mulch. Spread uniformly at a minimum rate of 2
tonslacre to form a continuous blanket 1-112 inches in loose depth over seeded areas. Spread by
hand, blower, or other suitable equipment.
1. Anchor straw mulch by crimping into topsoil with suitable mechanical equipment.
3.5
HYDROSEEDING (OPTION)
A.
Hydroseeding: Mix specified seed, fertilizer, and .fiber mulch in water, using 'equipment
specifically designed for hydroseed application. Continue mixing until uniformly blended into
homogeneous slurry suitable for hydraulic applicatiol!-'
1. Mix slurry with nonasphaltic tackifier.
2. Apply slurry uniformly to all areas to be seeded in a one-step process. Apply mulch at a
minimum rate Of 1500-lb/acre dry weight but not less than the rate required to obtain
specified seed-sowing rate.
GRASSING . 02920 - 3
GRASSING
02920 - 4
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3.6 . SATISFACTORY GRASSING
A. Satisfactory Seeded Grassing: At end of maintenance period, a healthy, uniform,'close stand of
grass has been established, free of weeds and surface irregularities, with coverage exceeding 80
percent over any 10 sq. f1. (0.92 sq. m) and bare spots not exceeding 5 by 5 inches.
B. Reestablish grassing that does not comply with requirements and continue maintenance until
grassing is satisfactory.
3.7 CLEANUP AND PROTECTION
A, Remove erosion-control measures after grass establishment period.
END OF SECTION 02920
.. "',~ ,;,..
.
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
V ASTEC PROTECH JOINT VENTURE
701 Greene Street Suite 100
Augusta, Georgia 30901
OWNER (Name and Address):
Augusta-Richmond County Consolidated Government
530 Greene St
Augusta, GA 30911-4430
SURETY (Name and Address of Principal Place
of Business):
Selective Insurance Company of America
40 Wantage Avenue
Branchville, NJ 07890
CONTRACT
Date:
Amount: $1,774,450.00
Description (Name and Location): Hwy 56 24" Water Main Extension, Project #10120.
Approximately 11,000 linear feet of water main including approximately 10,500 linear
feet of24" ductile iron pipe with two (2) jack and bores and one (1) directional boring,
and the remainder being 12", 14" and 18" ductile pipe.
...
BOND
Date (Not earlier than Contract Date): 08/18/06
Amount: $1,774,450
Modifications to this Bond Form: None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause-this
Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. '- -:. /
CONTRACTOR AS PRIN
Company:
Vastec Protec
Signature:
Nam
MURETY
'6? Company': (Corp. S~a1)
SelectI Company of AmerIca
Signature: __
Name and Title:Edward P Mooney, Atorney In Fact
(Attach Power of Attorney)
(Space is provided below for signatures of additional parties, if required.)
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
SURETY
Company:
(Corp. Seal)
Signature:
~a.me and Title:
Signature:
Name and Title:
'j,
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I. The CONTRACTOR and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the OWNER to pay
for labor, materials and equipment furnished for use in the perrmmance of the
Contract, which is incorporated herein by reference,
2, With respect to the OWNER, this obligation shall be null and void if the
CONTRACTOR:
2,1, Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2, Defends, indemnifies and holds hannless the OWNER from all claims,
demands, liens or suits by any person or entity who furnished labor, materials or
equipment for use in the perrormance of the Contract, provided the OWNER has
promptly notified the CONTRACTOR and the Surety (at the addresses described in
paragraph 12) of any claims, demands, liens or suits and tendered defense of such
claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided
there is no OWNER Default.
3, With respect to Claimants, this obligation shall be null and void if the
CONTRACTOR promptly makes payment, directly or indirectly, for all sums due,
4, The Surety shall have no obligation to Claimants under this Bond until:
4.1, Claimants who are employed by or have a direct contract with the
CONTRACTOR have given notice to the Surety (at the addresses described in
paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a
claim is being made under this Bond and, with substantial accuracy, the amount of
the claim,
4,2, Claimants who do not have a direct contract with the CONTRACTOR:
I. Have furnished written notice to the CONTRACTOR and sent a
copy, or notice thereof, to the OWNER, within 90 days after having last petformed
labor or last furnished materials or equipment included in the claim stating, with
substantial accuracy, the amount of the claim and the name of the party to whom
the materials were furnished or supplied or for whom the labor was done or
perrormed; and
2, Have either received a rejection in whole or in part from the
CONTRACTOR, or not received within 30 days of furnishing the above notice any
corrununication from the CONTRACTOR by which the CONTRACTOR had
indicated the claim will be paid directly or indirectly; and
3, Not having been paid within the above 30 days, have sent a
written notice to the Surety and sent a copy, or notice thereof, to the OWNER,
stating that a claim is being made under this Bond and enclosing a copy of the
previous written notice furnished to the CONTRACTOR,
5, If a notice required by paragraph 4 is given by the OWNER to the
CONTRACTOR or to the Surety, that is sufficient compliance,
6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall
promptly and at the Surety's expense take the following actions:
6, I, Send an answer to the Claimant, with a copy to the OWNER, within 45
days after receipt of the claim, stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed,
6,2, Payor arrange for payment of any undisputed amounts,
7, The Surety's total obligation shall not exceed the amount of this Bond, and the
amount of this Bond shall be credited for any payments made in good faith by the
Surety,
8, Amounts owed by the OWNER to the CONTRACTOR under the Contract shall
be used for the petfmmance of the Contract and to satisfY claims, if any, under any
Perronnance Bond, By the CONTRACTOR furnishing and the OWNER accepting
this Bond, they agree that all funds earned by the CONTRACTOR in the
perronnance of the Contract are dedicated to satisfY obligations of the
CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority
to use the funds for the completion of the Work.
9, The Surety shall not be liable to the OWNER, Claimants or others for
obligations of the CONTRACTOR that are unrelated to the Contract. The
OWNER shall not be liable for payment of any costs or expenses of any Claimant
under this Bond, and shall have under this Bond no obligations to make payments
to, give notices on behalf of, or othelWise have obligations to Claimants under this
Bond,
10, The Surety hereby waives notice of any change, including changes of time, to
the Contract or to related Subcontracts, purchase orders and other obligations,
II. No suit or action shall be cOlmnenced by a Claimant under this Bond other
than in a court of competent jurisdiction in the location in which the Work or part
of the Work is located or after the expiration of one year from the date (1) on which
the Claimant gave the notice required by paragraph 4,1 or paragraph 4.2.3, or (2) on
which the last labor or service was perronned by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever
of (I) or (2) first occurs, If the provisions of this paragraph are void or prohibited
by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable,
12, Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or
delivered to the addresses shown on the signature page, Actual receipt of notice by
Surety, the OWNER or the CONTRACTOR, however accomplished, shall be
sufficient compliance as of the date received at the address shown on the signature
page,
]3, When this Bond has been furnished to comply with a statutory or other legal
requirement in the location where the Contract was to be perrormed, any provision
in this Bond conflicting with said statutory or legal requirement shall be deemed
deleted herefrom and provisions confonning to such statutory or other legal
requirement shall be deemed incorporated herein. The intent is, that this Bond shall
be construed as a statutory Bond and not as a common law bond,
14, Upon request of any person or entity appearing to be a potential beneficiary of
this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall
pennit a copy to be made,
15, DEFINITIONS
15,1. Claimant: An individual or entity having a direct contract with the
CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor,
materials or equipment for use in the perronnance of the Contract. The intent of
this Bond shall be to include without limitation in the tenus "labor, materials or
equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone
service or rental equipment used in the Contract, architectural and engineering
services required for perronnance of the Work of the CONTRACTOR and the
CONTRACTOR's Subcontractors, and all other items for which a mechanic's lien
may be asserted in the jurisdiction where the labor, materials or equipment were
furnished,
15.2. Contract: The agreement between the OWNER and the
CONTRACTOR identified on the signature page, including all Contract
Documents and changes thereto,
15.3, OWNER Default: Failure of the OWNER, which has neither been
remedied nor waived, to pay the CONTRACTOR as required by the Contract or to
perrorm and complete or comply with the other tenns thereof
00620-3
its true and lawful Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed,
bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in the nature of a bond sub-
ject to the following ~imitations: NO ONE BOND TO EXCEED FIVE MILLION DOLLARS ($5,000,000.00)
Selective Insurance Company of America
40 Wantage Avenue
Branchville, New Jersey 07890
973-948-3000
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Selective Insurance Company of America, a New Jersey cor-
poration having its principal office in Branchville, State of New Jersey, pursuant to Article VII, Section 13 of the By-
Laws of said Company, to wit:
"The Chairman of the Board, President, any Vice Presidents or the Secretary may, from time to time, appoint attor-
neys in fact, and agents to act for and on behalf of the Company and they may give such appointee such authority, as
his/her certificate of authority may prescribe, to sign with the Company's name and seal with the Company's seal,
bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or
conditional undertaking; and any of said Officers may, at any time, remove any such appointee and revoke the power
and authority given him/her.
does hereby make, constitute aJ.1d appoint
EDWARD P. MOONEY, DEBORAH HIGHTOWER
and to bind the Selective Insurance Company of America thereby as fully and to the same extent as if such instruments
were signed by the duly authorized officers of the Selective Insurance Company of America, and all the acts of said
Attorney are hereby ratified and confirmed.
IN WITNESS WHEREOF, the Selective Insurance Company of America has caused these presents to be signed
by its Senior Vice President and its corporate seal to the hereto affixed this day of
:><
p..
o
u
a
~
......
D..
~ State of New Jersey
~
U
JANUARY
2006
BY:
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seafat Branchville, New Jersey this
day of JANUARY, 2006 JUDITH E. CHAMBERLAIN
Notary Public of New Jersey
Commission Expires 1011712008
The power of attorney is signed and sealed by facsimile under and by the authority 0
by the Board of Directors of Selective Insurance Company of America at a meeting
February 1987, to wit:
"RESOLVED, the Board of Directors of Selective Insurance Company of America authorizes and approves the use of
a facsimile corporate seal, facsimile signatures of corporate officers and notarial acknowledgements thereof on powers
of attorney for the execution of bonds, recognizances, contracts of indemnity and other writings obligatory iri the
nature of a bond, recognizance or conditional undertaking.-...,.."
I, Patricia A. Fulkrod, Assistant Secrerary of the Selective Insurance Company of America, do hereby certify that the above and foregoing is a tme and correct copy
of a Power of Attorney executed by said Company which is still in filII force and effect.
IN WITN
day of
New Jersey this J ~ .,:'
o.:-cl~.pQ
Assistant Secretary
B-9 I (10103) .
The RED border on the face of this document has a security VOID background pattern, If it is not RED and the word VOID is visible, this is not a certified copy, Telephone us at Area Code 973-948-3000,
~
TM
PRODUCER (404)351-8434
Johnson & Bryan, Inc.
P.O. Box 20138
Adant:a, GA 30325
FAX (404)351-3923
DATE (MMlDDIYYYY)
08/16/2006
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.
CERTIFICATE OF LIABILITY INSURANCE
Vast:ec Group, Inc.
701 Green St:reet: #100
August:a, GA 30901
INSURERS AFFORDING COVERAGE
INSURER A: First: Mercury Insurance C:O.
INSURER B: General Insurance Co. of" America
INSURER C: Libert:y Mut:ual Insurance Group
INSURER D: Essex Insurance C:O.
INSURER E:
NAIC#
INSURED
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN
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 DO' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY FMFLOO1569 03/09/2006 03/09/2007 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO ~~~l~~n~' $ 50,000
- ~ CLAIMS MADE [!] OCCUR bcludecl
MED EXP (Anyone person) $
-
A PERSONAL & ADV INJURY $ 1,000,000
- 2,000,000
GENERAL AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ 2,000,000
I POLICY [Xl ~r8T n LOC
AUTOMOBILE LIABILITY 24-CC-114071-10 03/09/2006 03/09/2007 COMBINED SINGLE LIMIT
- {Ea accident} $ 1,000,000
ANY AUTO
-
ALL OWNED AUTOS BODILY INJURY
X {Per person} $
SCHEDULED AUTOS
B X
HIRED AUTOS BODILY INJURY
X $
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
==i ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY XMIlI0589 07/19/2006 03/09/2007 EACH OCCURRENCE $ 4,000,000
~ OCCUR D CLAIMS MADE AGGREGATE $ 4,000,000
D $
==i DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WC5-35S-354730-014 09/10/2005 09/10/2006 X I TVX~~T ~JI~~ I IOJ~-
EMPLOYERS' LIABILITY E,L. EACH ACCIDENT $ 1,000,000
C ANY PROPRIETORlPARTNERIEXECUTIVE
OFFICERlMEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYEE $ 1,000,000
~~~~I~r~rfO~S~ONS below E,L, DISEASE - POLICY LIMIT $ 1,000,000
OTHER
If.ESCRIPTlON OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
e: UP 10120 Highway 56 24" Wat:er Main
CERTI ICATE HOLDER
August:a-Richmond Count:y
530 Greene St:reet:
August:a, GA 30911-4430
CANCELLA I N
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
f<iJT fAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE Ol C titl."
Pat:rick Hollifield/BROWN l~ ~
ACORD 25 (2001/08) FAX: (706)312-4133
@ACORD CORPORATION 1988
PRODUCER (404)351-8434
JOhaSOD I Bryao, IDc.
P.O. Box 20138
Atlaota, GA 30325
FAX (404)351-3923
DATE (MMlDDIYYYY)
08/16/2006
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.
;~
1M
CERTIFICATE OF LIABILITY INSURANCE
INSURED Protech C:ODtractors, IDc.
1530 C:arroll Drive
Suite 102
Atlaota, GA 30318
INSURERS AFFORDING COVERAGE
iNSURER A: Westfield IDsuraoce C:ompaoy
INSURER B: AmC:Omp Assuraoce C:orp.
INSURER C:
INSURER D:
INSURER E:
NAIC#
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDIN
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.
I~~ ~o,,'&l TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pg~~ EXPIRATION LIMITS
GENERAL LIABILITY TIlA.1578179 02/17/2006 02/17/2007 EACH OCCURRENCE $ 1.000,OIM
~ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100.0IM
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5.00~
A PERSONAL & ADV INJURY $ 1,000.001
f-- 2.000,0001
GENERAL AGGREGATE $
GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ 2,000,0001
h POLICY m ~~8T n LOC
AUTOMOBILE LIABILITY TIlA.1578179 02/17/2006 02/17/2007 COMBINED SINGLE LIMIT
f-- $
..! ANY AUTO (Ea accident) 1.000,Ootl
ALL OWNED AUTOS , BODILY INJURY
f-- $
SCHEDULED AUTOS (Per ~erson)
A -
HIRED AUTOS BODILY INJURY
- $
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
==i ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY TIlA.1578179 02/17/2006 02/17/2007 ~CCURRENCE $ 1,000,0011
~ OCCUR 0 CLAIMS MADE AGGREGATE $ 1,000,Ootl
A $
==i DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WC:V4169502 02/17/2006 02/17/2007 X I T~~JTf:I#;J IOJ~-
EMPLOYERS' LIABILITY 1.000.001
B ANY PROPRIETOR/PARTNER/EXECUTIVE E,L, EACH ACCIDENT $
.
OFFICER/MEMBER EXCLUDED? E,L DISEASE - EA EMPLOYEE $ 1,000,001
~~~~I~tS~rf~~~?~~s below E.L. DISEASE - POLICY LIMIT $ 1,000.OIK
OlliER TIlA.1578179 02/17/2006 02/17/2007 Scheduled Equip $244,250
A ~Dtractors EquipmeDt l.eased/ReDted Equip $50,000
Deductible $1,000
~ESCRlPTlON OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORsn,IENT I SPECIAL PROVISIONS
e: UP 10120 Highway 56 24" Water MaiD
Augusta-RichmoDd C:OUDty
530 GreeDe Street
Augusta, GA 30911- 4430
CELL TI N
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~_ DAYS WRITTEN NOTICE TO THE CERTiFICATE HOLDER NAMED TO THE LEFT,
BUT fAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUlliORIZED REPRESENTATIVE III C ~/^
Patrick Hollifield/BROWN l~ ~
ICATE HOLDER
ACORD 25 (2001/08) FAX: (706)312-4133
@ACORD CORPORATION 1988