HomeMy WebLinkAboutAugusta Canal Multi-use Trail Phase II and III
Augusta Richmond GA
DOCUMENT NAME: ()\l'jll~T A- C.A~'" At. fl"u l-T j - u 9,,,, IRA' i.- VkA$e-"]J:" /lO'~) It
DOCUMENT TYPE: c..Da'YT~CT
YEAR: :2.. D 0 ':L
BOX NUMBER: ) ~
FILE NUMBER: } L> tp ~ 4>
NUMBER OF PAGES:
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AUGUSTA CANAL MULTI-USE TRAIL
PHASE II AND III
BID / CONTRACT DOCUMENTS
STP-00E(96) / P.I. 271120
Richmond County, Georgia
PEDESTRIAN & BICYCLE TRAIL
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Prepared for:
Augusta-Richmond County Commission and
Georgia Department of Transportation
Prepared by:
W. R. Toole Engineers, Inc.
349 Greene Street
Augusta, Georgia 3090 I
(706) 722-4114
www.wrtoole.com
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ADDENDUM NO.1, October 29, 2002
PROJECT:
Augusta Canal Multi-Use Trail Phase II and II
STP-00E(96) / P.I. 271120
02-137A
Tuesday, November 12,2002,3:00 p.m.
BID ITEM No.:
BID DUE:
FROM:
W. R. Toole Engineers, Inc.
349 Greene Street
Augusta, Georgia 30901
(706) 722-4114
The following is submitted in response to the Requests for Information during the mandatory Pre-Bid
Conference for the Augusta Canal Multi-Use Trail Phase II and III:
1. Add Alternate No.1: The constructed trail surface shall be 4 inch concrete pavement (Georgia
D.O.T. Standard 9031 W) as indicated on Sheet 7, New Bartram Trail Typical Cross-Section "F".
2. All signs, both standard traffic and HPDE signs, will be installed as indicated on plans sheets and
as identified on signage legend and associated notes on Sheet 51 of the plans. Individual
"sections" indicated in the proposal determines the number of signs in each section of the project.
3. Add Alternate No.1, installation of Keystone Wall: Tie-back soil reinforcement will utilize
UX1400 geo-grid by Tensar, in accordance with the Wall Schedule indicated on Sheet S14 of 15.
END OF ADDENDUM
NOTES:
1. In accordance with Augusta-Richmond County Purchasing Department, Request for Information
must be submitted to the Augusta-Richmond County Purchasing Department no later than
October 31, 2002, for purposes of this bid.
2. A copy of the Pre-bid meeting presentation by W. R. Toole Engineers, Inc. is included for your
review. These notes are submitted for information purposes only and will not supersede any
information contained in the construction documents, drawings, or bid documents.
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PREBID MEETING
Tuesday, October 29,2002
PROJECT: Augusta Canal Multi-Use Trail Phase II and III
GA D.O. T. No.: STP-00E(96) / P.I. 271120
OWNER: Augusta-Richmond County Board of Commission
Augusta Canal Authority
SUMMARY:
The proposed project includes minor improvements to the existing Augusta Canal Tow Path
from the Headgates at the Savannah Rapids Pavilion to the existing bridge crossing the Augusta
Canal at the headgates located at Lake Olmstead. The existing bridge was constructed as Phase I
of the Augusta Canal Multi-Use Trail and creates a link between the Tow Path and a
.
continuation of the new trail on the west side of the Augusta Canal. The project will continue
from the end of the improved bridge sections and asphalt paved areas at Lake Olmstead along the
west side of the canal to it's intersection with Curry Street. This section of the trail will consist
of construction of a new trail including appropriate drainage improvements as indicated on the
plans. Curry Street will be changed into a cul-de-sac as noted on the plans and the remaining
portion of Curry Street that parallels the Augusta Canal will become the Multi-Use Trail to it's
intersection with Pearl A venue. The Multi-Use Trail will then begin a series of sidewalk and
bike lanes along Pearl Avenue to Broad Street and it's intersection with the west side of Augusta
Canal dike. The top of the dike will then be utilized as the travel way to it's intersection with
15th Street. At 15th Street, the Multi-Use Trail will include appropriate signage as indicated on
the plans directing traffic to the Mass Transit Bus Terminal located on Broad Street as well as
routing traffic through signals at the intersection of Greene Street and 15th Street back around to
the east side of the Augusta Canal Trail. Along the Augusta Canal Tow Path behind Enterprise
Mill, a 4" concrete sidewalk will be installed as the travel surface. This will tie into the existing
concrete sidewalk located behind the Walton Rehabilitation Hospital. The remaining portion of
the trail will be a series of street signs, sidewalks, paint striping, and symbols tying the Multi-
Use Trail into Dyess Park and to the Riverwalk at 10th Street.
At the termination point of the Multi-Use Trail at the Riverwalk and 10th Street, the New
'Bartram Trail begins. The section of the New Bartram Trail extending along the Savannah River
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Levee from 13th Street to lOth Street, no improvements are required under this contract. The base
bid continues from the intersection of the levee and 13th Street to the intersection of the Waters
Edge Subdivision entrance at 15th Street and the proposed Multi-Use Trail alignment.
Two Add Alternates are included in this project. The first Add Alternate is that portion of the
New Bartram Trail located between Stations 89+62 and 93+44. It is physically located between
Hawks Gully and the intersection of the New Bartram Trail with the Waters Edge Subdivision
entrance. Construction in this area generally consists of installing a keystone wall and concrete
surface from the entrance into Waters Edge to the top of Hawks Gully gate.
The second Add Alternate consists of the constmction of the New Bartram Trail from Station
00+00 to Station 54+15. Station 00+00 is the intersection of the New Bartram Trail with the
Multi-Use Trail at the Lake Olmstead Bridge. At the termination of Add Alternate 2, Station
54+ IS, a turn-around will be installed.
The project does not include construction of the Tailrace bridges at the King Mill and Sibley Mill
Tailraces, respectively, the timber broadwalk, or improvements to the Hawks Gully crossing.
INFORMATION FOR BIDDERS:
I. Georgia Department of Transportation TEA Project
2. Bid Date: Tuesday, November 12,2002,3:00 p.m.
3. Prequalification ifbid is over $500,000
4. Waiver:
The Owner may waive any informalities or minor defects or reject any and all
bids.
The Owner reserves the right to reject any bid if the evidence submitted by, or
investigation of, such bidder fails to satisfy the Owner that such bidder is properly
qualified to carry out the obligations of the Agreement and complete the work
comtemplated herein.
5. DBE 10% - Must be prequalified (Approved DBE's listed on GA DOT web site)
6. Federal Aide Requirements
7. Bond Requirements:
10% Bid Bond
100% Performance Bond
100% Payment Bond
8. DBE Goals form
9. GA DOT Inspection
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PROPOSAL
Base Bid
Add Alternate 1
Add Alternate 2
Located on Proposal forms
REVIEW:
1. Surface Preparation - Sheets 5, 6 & 7
Special Note: Typical Trail Improvements
Trail surface shall consist of dragging, smoothing, shaping, and compaction with
static steel wheel roller. A crown or cross-slope to be constructed with a slope of
W' per foot to provide drainage according to cross-sections.
If additional surface material is required, it shall conform to GA DOT STD
Section 810, Class 1 or II. The material shall be similar to the existing surface
material in color and consistency. Thickness of new material will vary 0" - 4"
based on field conditions and depth of irregularities. Contractor shall obtain
approval from representative of Augusta-Richmond County prior to the addition
of any new surface material to the trail
2. Supplemental Conditions:
SGC-05. Control of Materials
. Certification of compliance
. GA DOT approved suppliers and materials
3. Addendum No.2
The sections ofthe proposed trail located along the Augusta Canal Tow Path and
the Savannah River Levee may be temporarily, partially closed for pedestrian
traffic during construction. The contractor will maintain an unobscured
accessway for cyclist and pedestrians at all times. The Augusta-Richmond
County Public Warks and Engineering Department indicated that partial and
complete street closures in the downtown area can be accomplished during
construction. Contractor shall coordinate with Augusta-Richmond County Public
Works and Engineering Department.
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INDEX FOR CONTRACT DOCUMENTS
Title
Invitation for Bids
Information for Bidders
Federal-Aid Contractual Requirements
· Disadvantaged Business Enterprises (DBE)
· DBE Instructions & Goals Form
· "Criteria for Acceptability"
· Instructions to Contractors and" DBE Participation Report"
· Examination of Plans and Specifications
· Drug-Free Workplace
· Non-Collusion Certification
· Notice to All Bidders
· Required Contract Provisions (FHW A - 1273)
· Civil Rights Act of 1964
· Standard Federal Equal Opportunity Construction Contract
Specifications (Executive Order 11246) (43 FR 14895)
· Prompt Payment Provision
· Buy America & Convict Produced Materials
Proposal
Bid Bond
Agreement
Performance Bond
Payment Bond
General Conditions
Supplemental Conditions
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INVITATION FOR BIDS
SEALED BIDS for the construction of the Augusta Canal Multi-Use Trail, hereinafter referred to by project
name as:
Bid Item No.: 02-137 A
GADOT Project No.: STP-000E(96)
GA DOT P.I. No.: 271120
Augusta Canal Multi-Use Trail
Phase II and III
Contract Time: 270 calendar days DBE: 10%
will be received at this office until 3:00 p.m.. Tuesday. November 12. 2002. A MANDATORY Pre-bid
Conference will be conducted at 10:00 a.m.. Monday. October 29, 2002, at the conference room of the
Purchasing Dept.
Bids will be received by: The Augusta-Richmond Commission hereinafter referred to as the OWNER at the
offices of:
Geri A. Sams
The Augusta-Richmond Purchasing Department
530 Greene Street - Room 605
Augusta, Georgia 30911
At which time all bids will be publicly opened and read in the presence of those in attendance.
All work shall be in accordance with the contract documents as provided by the Augusta-Richmond County
Director of Public Works, hereinafter referred to as the Engineer.
Copies of the Contract Documents may be examined during regular business hours at the offices of:
W. R. Toole Engineers, Inc.
349 Greene Street
Augusta, Georgia 30901
Augusta-Richmond Public Works & Engineering
530 Greene Street, Room 701
Augusta, Georgia 30911
F.W. Dodge Division Plan Room
360 Bay Street
Augusta, Georgia 30901
The Augusta Builders Exchange
304 14th Street
Augusta, Georgia 30901
Copies may be obtained at the office of the Purchasing Director upon payment of $250.00 (NON-
RETURNABLE) for each set. Previous bidders who purchased contract documents for the 5/31/02 bid
submittal and did not receive a refund will not be required to pay for these new contract documents.
Bids shall be addressed to Augusta-Richmond County Commission, c/o Purchasing Director, Municipal
Building, Augusta, GA 30911, marking envelope "Bid for Augusta Canal Multi-Use Trail, Phase II and Ill,
Bid Item No. "
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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.
Payment will be made to the Contractor each calendar month based on the estimated work complete
in place as prescribed by the standard specifications. Retainage as prescribed by the standard
specifications will be withheld. Final payment of amounts withheld will not be made until the
engineer has certified that the work has been satisfactorily completed and accepted.
The OWNER reserves the right to reject any or all bids and to waive technicalities and informalities.
Please mark Bid Item Number on the outside of the envelope.
It is the wish of the Owner that minority businesses be given the opportunity to bid on the various
parts of the work. This desire on the part of 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 during a period of sixty (60) days after the date and time set for the receipt
of bids.
GERI A. SAMS, Purchasing Director
Publish:
Augusta Chronicle
Augusta Focus
NOTE: In the event of conflicts, the information contained in the "Information For Bidder"
shall govern.
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INFORMATION FOR BIDDERS
Bids will be received by the Augusta-Richmond County Commission (herein called the "OWNER"),
at the office of the Purchasing Department until 3:00 p.m.. Tuesday. November 12. 2002 and then
at said office publicly opened and read aloud. A MANDATORY pre-bid conference will be conducted
at, 10:00 a.m.. Monday. October 29.2002, at the conference room of the Purchasing Dept., Rm 605.
All bidders submitting bids must be pre-qualified with the Georgia Department of Transportation
only if bid is greater than $500,000.
Each bid must be submitted in a sealed envelope, addressed to the Augusta-Richmond County
Commission, Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid
must be plainly marked on the outside as bid for AUiusta Canal Multi-Use Trail - Phase II and III.
Bid Item #02-137A and the envelope should bear on the outside the name of the bidder, his
address and his license number, if applicable. If forwarded by mail, the sealed envelope containing
the bid must be enclosed in another envelope addressed to the Augusta-Richmond County
Commission, c/o Purchasing Department, Room 605, Municipal Building, Augusta, Georgia 30911.
All bids must be made on the required bid form. All blank spaces for bid prices must be filled in, in
ink or typewritten, and the bid form must be fully completed and executed when submitted. Only one
copy of the bid form is required.
The OWNER may waive any informalities or minor defects or reject any and all bids. Any bid may
be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement
thereof. Any bid received after the time and date specified shall not be considered. No bidder may
withdraw a bid within 60 days after the actual date of the opening thereof. Should there be reasons
why the contract cannot be awarded within the specified period, the time may be extended by mutual
agreement between the OWNER and the bidder.
Disadvantaged Business Enterprise (DBE) participation goal is 10% of the total project cost. If the
contractor submits with DBE firms, the DBEs must be certified with the Georgia Department of
Transportation's EEO Office. DBE information and forms are located in the Federal Aid Contractual
Requirements section of this document. BIDDERS MUST IDENTIFY CERTIFIED DBEs
PROPOSED FOR THIS PROJECT ON THE "DBE GOALS FORM", IN THIS DOCUMENT.
Contractors shall comply and shall require its subcontractors to comply with all applicable
requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et.seq. and 49
U.S.C. 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791; and
regulations and amendments thereto.
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Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by
examination of the site and a review of the drawings and specifications including addenda. After bids
have been submitted, the bidder shall not assert that there was a misunderstanding concerning the
quantities of work or of the nature of the work to be done.
The Contract Documents contain the provisions required for the construction of the project.
Information obtained from an officer, agent or employee of the OWNER or any other person shall not
affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the
conditions of the Contract.
Each bid must be accompanied by a bid bond payable to the OWNER for ten percent of the total
amount of the bid. As soon as the bid prices have been compared, the OWNER will return the bonds
of all except the three lowest acceptable bidders. When the Agreement is executed the bonds of the
remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be
retained until the payment and performance bond have been executed and approved, after which it will
be returned. A certified check may be used in lieu of a bid bond.
A performance bond and a payment bond, each in the amount of 100 percent of the contract price,
with a corporate surety approved by the OWNER, will be required for the faithful performance of the
contract.
Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each
bond a certified and effective dated copy of their power of attorney.
The party to whom the contract is awarded will be required to execute the Agreement and obtain the
performance bond and payment bond within ten calendar days from the date when notice of award is
delivered to the bidder. The notice of award shall be accomplished by the necessary Agreement and
bond forms. In case of failure of the bidder to execute the Agreement the OWNER may at his option,
consider the bidder in default, in which case, the bid bond accompanying the proposal shall become
the property of the OWNER.
The OWNER within ten days of receipt of acceptable performance bond, payment bond and
Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and
return to such party an executed duplicate of the Agreement. Should the OWNER not execute the
Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement.
Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.
The notice to proceed shall be issued within ten days of the execution of the Agreement by the
OWNER. Should there be reasons why the notice to proceed cannot be issued within such period,
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the time may be extended by mutual agreement between the OWNER and Contractor. If the notice
to proceed has not been issued within the ten day period or within the period mutually agreed upon,
the Contractor may terminate the Agreement without further liability on the part of either party.
The OWNER may make such investigations as he deems necessary to determine the ability of the
bidder to perform the work and the bidder shall furnish to the OWNER all such information and data
for this purpose as the OWNER may request. The OWNER reserves the right to reject any bid if the
evidence submitted by, or investigation of, such bidder fails to satisfy the OWNER that such bidder
is properly qualified to carry out the obligations of the Agreement and complete the work
contemplated herein.
A conditional or qualified bid will not be accepted.
A ward will be made as a whole to one bidder.
All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over
the construction of the project shall apply to the contract throughout.
Contractors or lower tier contractors shall abide by the terms and conditions governing the Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, 49 CFR Part 18.
Each bidder is responsible for inspecting the site and for reading and being thorougWy familiar with
the Contract Documents. The failure or omission of any bidder to do any of the foregoing shall in
no way relieve any bidder from any obligation in respect to his bid.
The low bidder must supply the names and addresses of major material suppliers and subcontractors
when requested to do so by the OWNER.
Inspection trips for prospective bidders will be conducted by the OWNER if requested in writing by
the bidder. Such request shall be directed to the Director of Augusta-Richmond County Public Works
by the bidder.
The Engineer is Augusta-Richmond County Director of Public Works.
WORK STOPPAGE:
In the event of the discovery of significant archaeological remains, construction shall be stopped and
the CONTRACTOR shall notify the OWNER, who shall notify the Georgia Department of Natural
Resources of the discovery. In this context, to be "significant" , such remains would have to be able
to provide important and non-redundant information that could not be obtained from other sources.
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The CONTRACTOR shall notify the OWNER, who shall notify the Georgia Department of Natural
Resources of the discovery of intact cultural features such as, but not limited to, foundations and
wells. The construction shall remain stopped until the Georgia Department of Natural Resources has
completed their evaluation of the remains.
CONFLICT OF INTEREST:
By signing and submitting this Agreement, I hereby certify that employees of this company or
employees of any company supplying material or subcontracting to do work on this Agreement will
not engage in business ventures with employees of the OWNER nor shall they provide gifts,
gratuities, favors, entertainment, loans or other items of value to employees of the OWNER.
Also, by signing and submitting this Agreement, I hereby certify that I will notify the OWNER
through its Engineer of any business ventures entered into between employees of this company or
employees of any company supplying material or subcontracting to do work on this Agreement with
a family member of the OWNER's employees.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
INSTRUCTIONS FOR LIST OF DBE P ARTICIP ANTS
If a DBE Goal is indicated, you must propose to achieve a goal that is equal or greater then the
percentage required. If no goal is indicated, you may propose your own goal.
The DBE firms to be utilized as counting toward the proposed goal must be listed on this form,
along with their addresses, type of work and the amount to be paid to each of the minority firms.
The amount entered will not necessarily be the contract amount, but must be the actual amount
that will be paid to the DBE firm. In the case of a DBE supplier, the amount paid and 60% of that
amount both will be entered; and only the 60% figure should be added to the total. An example
of this is shown in the example chart:
Company Name Type
Vendor And Address Of *Work Race Race Amount
Number (City and State) Work Code Neutral Conscious
Diesel $80.000.00
ABC Oil Company Fuel ( 60%=
Atlanta, GA Supplier $48,000.00)
* For Departmental use ONLY. Do not fill in Work Codes.
The Contractor shall indicate for each DBE and Type of Work whether the DBE Participant is
Race Neutral or Race Conscious by placing a checkmark in the appropriate column.
PLEASE NOTE: For 60% of the amount paid to a DBE supplier to be eligible to count toward
fulfilling the DBE goal, the supplier must be an established "regular dealer' in the product
involved, and not just a broker. A "regular dealer" would normally sell the product to several
customers and would usually have product inventory on hand.
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Nov-21-2002 01 :53pm From-APAC SRB AUGUSTA 706-731-8620
UJU"Al(l!Yl1!..~ J' Uli' n(Al~~rUKIAIIU~
STATE OF GEORGIA
T-260 P,002/002 F-268
DBE GOALS
VENDOR BIDDER'S COMPANY
lD: Z.APl.oO NAME: AI'At. -Ge()r~/Q,Irl~.
PROJECT NO. & COUNTY;
LET NO: LET DATE: //-IZ-Z,(JtJZ TOTALBID:t7?O)8l8.'10
THE REQUIRED DBE GOAL ON THIS CONTRACT IS: 10 %
I PROPOSE l'O UTILIZE THE FOLLOWING OBE CONTRACTORS:
LIST OF DBE pARTICIPANTS
';
VENnOR DBE NAMEI
"WORK
NUMBER ADDRESS (CITY. STATE) TYPE OF WORK CODE AMOUNT
CfG CI/JNl!..,.ek u,.,.sf. Cc r-J"I"S Ie -$ .R 0 (JOt) .00
Z t,t03 9 ~t:Jlle(J" /?,,.k &0,
., , I
,
I
TOTAL i"80 000 t\ 00
~
*For Departmental us~ only. Do not fill in Work codes.
PLEASE NOTE: Only 60 % of the partic'ipation Qfa DBE Supplier.who does not manufacture OT install the product
will be counted toward the goal. See below for funher instn.lctions.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
January 25, 2000
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CRITERIA FOR ACCEPTABILITY
The purpose of this special provision is to establish criteria for acceptability of DBE firms for work performed on
this contract. The intent is to ensure that all participation counted toward fulfillment of the DBE goals is (1) real
and substantial, (2) actually performed by viable, independent DBE owned firms, and (3) in accordance with the
spirit of the applicable laws and regulations.
It is the policy of the Georgia Department of Transportation to ensure compliance with Title VI of the Civil Rights
Act of 1964, 49 Code of Federal Register, Part 26 and related statutes and regulations in all program activities.
To this end the Georgia Department of - Transportation shall not discriminate on the basis of race, color, sex or
national origin in the award, administration and performance of any Georgia Department of Transportation assisted
contract or in the administration of its Disadvantaged Business Enterprise Program. The Georgia Department of
Transportation shall take all necessary and reasonable steps to ensure nondiscrimination.
DBE payments and commitments for Federal-Aid and State-Aid projects shall be separate and distinct and cannot
be transferred or combined any manner.
DBE PROCEDURES: The Contractor shall develop techniques to facilitate DBE participation in Subcontracting
activities. These techniques include:
(A) Arranging solicitations, time for the presentation of quotes, quantities, specifications, and delivery schedules
so as to facilitate the participation ofDBES.
(B) Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding financing or
technical assistance,
DBE DIRECTORY: The Department has available a directory or source list to facilitate identifYing DBEs with
capabilities relevant to general contracting requirements and to particular solicitations. The Department will make
the directory available to bidders and proposers in their efforts to meet the DBE requirements. It includes firms,
which the Department has certified to be eligible DBEs in accordance with 49 CFR Part 26.
GOAL FOR PARTICIPATION: If a percentage goal for DBE participation in this contract is set forth
elsewhere in this proposal, the Contractor shall complete the DBE GOALS Form included in the proposal.
The Contractor is encouraged to make every effort to achieve the goal set by the Department. However, if
the Contractor cannot find sufficient DBE participants to meet the goal established by the Department, the
Department will consider for award a proposal with less participation than the established goal if:
(A) The bidder can demonstrate that no greater participation could be obtained. This should be well
documented by demonstrating the Contractor's actions through good faith efforts.
The following is a list of types of actions, which the Department will consider as part of the
Contractor's good faith efforts to obtain DBE participation. It is not intended to be a mandatory
checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant
in appropriate cases.
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DEP ARTMENT OF TRANSPORT A TION
STATE OF GEORGIA
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(I) Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising
and/or written notices) the interest of all certified DBEs who have the capability to perform the work of
the contract. The Contractor must solicit this interest within sufficient time to
allow the DBEs to respond to the solicitation. The Contractor must determine with certainty if the
DBEs are interested by taking appropriate steps to follow up initial solicitations.
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(2) Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the
DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into
economically feasible units to facilitate DBE participation, even when the Contractor might otherwise
prefer to perform these work items with its own forces.
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(3) Providing interested DBEs with adequate information about the plans, specifications, and requirements
of the contract in a timely manner to assist them in responding to a solicitation.
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(4) (a) Negotiating in good faith with interested DBES. It is the Contractor's responsibility to make a
portion of the work available to DBF, subcontractors and suppliers and to select those portions of the
work or material needs consistent with the available DBE subcontractors and suppliers, so as to
facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and
telephone numbers of DBEs that were considered; a description of the information provided regarding
the plans and specifications for the work selected for subcontracting; and evidence as to why
additional agreements could not be reached for DBEs to perform the work.
(b) A Contractor using good business judgment would consider a number of factors in negotiating
with subcontractors, including DBE subcontractors, and would take a finn's price and capabilities as
well as contract goals into consideration. However, the, fact that there may be some additional costs
involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the
contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a Contractor to
perform the work of a contract with its own organization does not relieve the Contractor of the
responsibility to make good faith efforts. Contractors are not, however, required to accept higher
quote from DBEs if the price difference is excessive or unreasonable.
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(5) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of
their capabilities. The Contractor's standing within its industry, membership in specific groups,
organizations, or associations and political or social affiliations (for example union vs. nonunion
employee status) are not legitimate causes for the rejection or non-solicitation of bids in the
Contractor's efforts to meet the project goal.
(6) Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required
by the contractor.
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(7) Making efforts to assist interested DSEs in obtaining necessary equipment, supplies, materials, or
related assistance or services.
(8) Effectively using the services of available minority/women community organizations; minority/women
Contractors' groups; local, state, and Federal minority/women business assistance offices; and other
organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement
ofDSE'S.
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(B) The participation proposed by the low bidder is not substantially less than the participation proposed b the
other bidders on the same con
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If no percentage goal is set forth in the proposal, the contractor may enter a proposed DBE participation. This
voluntary DBE participation will count as race neutral DBE participation.
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DEPARTMENT OF TRANSPORT A TION
STATE OF GEORGIA
To be eligible for award of this contract,
All bidders will be required to submit the following infonnation to the Department by the close of business
on the 3rd working day following opening of the bid as a matter of bidder responsibility.
(1) The names and addresses ofDBE finns that will participate in the contract.
(2) A description ofthe work that each DBE will perfonn.
(3) The dollar amount of the participation of each DBE finn participating;
(4) Written documentation of the bidder's commitment to use a DBE subcontractor whose participation
it submits to meet a contract goal.
(5) Written confirmation from the DBE that is participating in the contract, as provided in the prime
contractor's commitment.
(6) If the contract goal is not met, evidence of good faith efforts must be provided.
Failure by a bidder to furnish the above infonnation may subject the bid to disqualification. Also failure by the
bidder to submit satisfactory evidence of good faith efforts may subject the bid to disqualification.
A ward of a contract by the Department to a Prime Contractor who has listed DBE participants with the bid may not
constitute final approval by the Department of the listed DBE. The Department reserves the right to approve or
disapprove a Disadvantaged finn after a review of the Disadvantaged finn's proposed participation. Payment to the
Contractor under the contract may be withheld until the Department grants final approval of the listed DBEs.
If the Contractor desires to substitute a DBE in lieu of those listed in the proposal, a letter of concurrence shall be
required from the listed DBE prior to approval of the substitution, unless the Department waives this requirement.
Agreements between bidder and a DBE in which DBE promises not to provide Subcontracting quotations to other
bidders are prohibited.
DEFINITION: For the purposes of this provision, the following definitions will apply:
Disadvantaged Business Enterprise or DBE means a for-profit small business concern -
(1) That is at least 51 percent owned by one or more individuals who are both socially and
economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned
by one or more such individuals; and
(2) Whose management and daily business operations are controlled by one or more of the socially and
economically disadvantaged individuals who own it.
Good Faith Efforts means efforts to achieve a DBE goal or other requirement of this part which, by their scope,
intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement.
Joint Venture means an association of a DBE finn and one or more other finns t carry out a single, for-profit
business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in
which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in
the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its
ownership interest.
Socially and Economically Disadvantaged Individual means any individual who is a citizen (or lawfully admitted
penn anent resident) of the United States and who is-
(1) Any individual who the Department finds to be a socially and economically disadvantaged individual on a
case-by-case basis.
(2) Any individual in the following groups, members of which are rebuttably presumed to be socially and
economically disadvantaged:
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DEPARTMENT OF TRANSPORT A TION
STATE OF GEORGIA
(i) "Black Americans," which includes persons having origins in any of the Black racial groups of
Africa;
(ii) "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican,
Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
(iii) "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or
Native Hawaiians;
(iv) "Asian-Pacific Americans," which includes persons whose origins are from Japan, China,
Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand,
Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the
Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marinas Islands,
Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong;
(v) "Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan,
Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;
(vi) Women;
(vii) Any additional groups whose members are designated as socially and economically
disadvantaged by the SBA, at such time as the SBA designation becomes effective.
(3) GDOT will presume that such persons are socially and economically disadvantaged only to
the extent permitted by applicable federal law.
Race-conscious measure is one that is -focused specifically on assisting only DBES, including women-
owned DBES.
Race-neutral measure is one that is, or can be, used to assist all small businesses. For the purposes of this
part, race-neutral includes gender-neutrality.
DISCRIMINA TION PROHIBITED: No person shall be excluded from participation in, denied the
benefits of, or otherwise discriminated against in connection with the award and performance of this
contract on the grounds of race, color. sex or national origin.
The following assurance becomes a part of this contract and must be included in and made a part of each
subcontract the prime contractor enters into with their subcontractors.
"The contractor, and/or subcontractor shall not discriminate on the basis of race color,
national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR part 26 in the award and administration of DOT -
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this contract which may result in the termination of this contract or such other
remedy as the Department deems appropriate."
Failure to Achieve Requirements: Periodic reviews shall be made by the Department to determine the
extent of compliance with the requirements set forth in this provision. The Contractor is found to be in
noncompliance, it shall constitute a breach of contract and further payments for any work performed may
be withheld until corrective action is taken. If corrective action is not taken, it may result in ter7nination
of this contract.
Participation will be counted toward fulfillment of the DBE goal as follows:
(A) When a DBE participates in a contract, you count only the value of the work actually
performed by the DBE toward DBE goals.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
1) Count the entire amount of that portion of a construction contract (or other contract not
covered by paragraph (A) (2) of this section) that is performed by the DBE's own forces.
Include the cost of supplies and materials obtained by the DBE for the work of the
contract, including supplies purchased or equipment leased by the DBE (except supplies
and equipment the DBE subcontractor purchases or leases from the prime contractor or its
affiliate ).
(2) Count the entire amount of fees or commissions charged by a DBE firm for providing a
bona fide service, such as professional, technical consultant, or managerial services, or for
providing bonds or insurance specifically required for the performance of a DOT -assisted
contract, toward DBE goals, provided it is determined that the fee is reasonable and not
excessive as compared with fees customarily allowed for similar services.
(3) When a DBE subcontracts part of the work of its contract to another firm, the value of the
subcontracted work may be counted toward DBE goals only if the DBE's subcontractor is
itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward
DBE goals.
(B) When a DBE performs as a participant in a joint venture, count a portion of the total dollar
value of the contract equal to the distinct, clearly defined portion of the work of the contract
that the DBE performs with its own forces toward DBE goals.
(C) Count expenditures to a DBE contractor toward DBE goals only if the DBE is performing a
commercially useful function on that contract.
(1) A DBE performs a commercially useful function when it is responsible for execution of the
work of the contract and is carrying out its responsibilities by actually performing,
managing, and supervising the work involved. To perform a commercially useful function,
the DBE must also be responsible, with respect to materials and supplies used on the
contract, for negotiating price, determining quality and quantity, ordering the material, and
installing (where applicable) and paying for the material itself
(2) A. I) BE does not perform a commercially useful function if its role is limited to that of an
extra participant in a transaction, contract, or project through which funds are passed in
order to obtain the appearance ofDBE participation.
(3) Ifa DBE does not perform or exercise responsibility for at least 30 percent of the total cost
of its contract with its own work force, or the DBE subcontracts a greater portion of the
work of a contract than would be expected on the basis of normal industry practice for the
type of work involved, the Department will presume that it is not performing a
commercially useful function.
(4) When a DBE is presumed not to be performing a commercially useful function as provided
in paragraph (C) (3) of this section, the DBE may present evidence to rebut this
presumption.
(5) The Departments decisions on commercially useful function matters are subject to review
by the US DOT, but are not administratively appealable to the US DOT.
(D) The following factors are to be used in determining whether a DBE trucking company is
performing a commercially useful function:
(1) The DBE must be responsible for the management and supervision of the entire trucking
operation for which it is responsible on a particular contract, and there cannot be a
contrived arrangement for the purpose of meeting DBE goals.
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DEP ARTMENT OF TRANSPORT A TION
STATE OF GEORGIA
(2) The DBE must itself own and rate at least one fully licensed, insured, and operational
truck used on the contract.
(3) The DBE receives credit for the total value of the transportation services it provides on
the contract using trucks it owns, insures, and operates using drivers it employs.
(4) The DBE may lease trucks from another DBE firm, including an owner/operator who is
certified as a DBE. The DBE who leases trucks from another DBE receives credit for the
total value of the transportation services the lessee DBE provides on the contract.
(5) The DBE may also lease trucks from a non-DBE and is entitled to credit only for the fee
or commission it receives as a result of the lease arrangement. The DBE does not receive
credit for the total value of the transportation services provided by the lessee, since these
services are not provided by a DBE.
(6) For purposes of this paragraph (D), a lease must indicate that the DBE has exclusive use
of and control over the truck. This does not preclude the leased truck from working for
others during the term of the lease with the consent of the DBE, so long as the lease gives
the DBE absolute priority for use of the leased truck. Leased trucks must display the
name and identification number of the DBE.
(E) Count expenditures with DBEs for materials or supplies toward DBE goals as provided in the
following:
(1) If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of
the cost of the materials or supplies toward DBE goals.
For purposes of this paragraph, a manufacturer is a firm that operates or maintains a
factory or establishment that produces, on the premises, the materials, supplies, articles, or
equipment required under the contract and of the general character described by the
specifications.
(2) If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of
the cost of the materials or supplies toward DBE goal.
For purposes of this section, a regular dealer is a firm that owns, operates, or maintains a
store, warehouse, or other establishment in which the materials, supplies, articles or
equipment of the general character described by the specifications and required under the
contract are bought, kept in stock, and regularly sold or leased to the public in the usual
course of business.
(a) To be a regular dealer, the firm must be an established, regular business that engages,
as its principal business and under its own name, in the purchase and sale or lease of
the products in question.
(b) A person may be a regular dealer in such bulk items as petroleum products, steel,
cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of
business as provided in this paragraph (E) (2) (b) if the person both owns and operates
distribution equipment for the products. Any supplementing of regular dealers' own
distribution equipment shall be by a long-term lease agreement and not on an ad hoc or
contract-by-contract basis.
(c) Packagers, brokers, manufacturers' representatives, or other persons who arrange or
expedite transactions are not regular dealers within the meaning of this paragraph (E)
(2).
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DEP ARTMENT OF TRANSPORT A TION
STATE OF GEORGIA
(3) With respect to materials or supplies purchased from a DBE which is neither a
manufacturer nor a regular dealer, count the entire amount of fees or commissions
charged for assistance in the procurement of the materials and supplies, or fees or
transportation charges for the delivery of materials or supplies required on a job site,
toward DBE goals, provided you determine the fees to be reasonable and not excessive
as compared with fees customarily allowed for similar services. Do not count any
portion of the cost of the materials and supplies themselves toward DBE goals,
however.
(4) Do not count the participation of a DBE subcontractor toward the prime contractor's
DBE achievements until the amount being counted toward the goal has been Paid to the
DBE.
(5) No participation will be counted that is not in compliance with Special Provision
entitled "Criteria for Acceptability" which is a part of this contract or with any
provisions included in 49 CFR Part 26.
(6) If the contract amount overruns, the contractor will not be required to increase the dollar
amount of DBE participation. If the contract amount underruns, the contractor will not
be allowed to underrun the dollar amount of DBE participation except when the DBE
subcontracted items themselves underrun.
REPORTS
A: The contractor shall submit a "DBE Participation Report" on this contract quarterly which
shall include the following:
1. The name of each DBE participating in the contract.
2. A description of the work to be performed, materials, supplies, and services provided by
each DBE.
3. Whether each DBE is a supplier, subcontractor, owner/operator, or omen
4. The dollar value of each DBE subcontract or supply agreement.
5. The actual payment to date of each DBE participating in the contract.
6. The report shall be updated by the Prime Contractor whenever the approved DBE has
performed a portion of the work that has been designated for the contract. Copies of
this report should be transmitted promptly to the Engineer. Failure to submit the report
within 30 calendar days following the end of the Quarter may cause payment to the
contractor to be withheld.
7. In addition to the aforementioned report, the Prime Contractor shall notify the Project
Engineer at least 24 hours prior to the time the DBE commences working on the project.
The DBE must furnish supervision of the DBE portion of the work, and the person
responsible for this supervision must report to the Project Engineer when they begin I
work on the project. They must also inform the project engineer when their forces will
be doing work on the project.
B: In order to comply with 49CFR 26.11 the Department may periodically request that certain
information be supplied by the Contractor. Failure to respond within the time allowed in
the request will be grounds for withholding all payments on all Contracts.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SUBSTITUTION OF DBES: The Contractor shall make a reasonable effort to replace a DBE
Subcontractor that is unable to perform for any reason with another DBE. The Department shall approve
all substitutions of Subcontractors in order to ensure that the substitute firms are eligible DBES.
CERTIFICA TION OF DBES: To ensure that the DBE Program benefits only firms owned and controlled
by Disadvantaged Individuals, the Department shall certify the eligibility of DBEs and joint ventures
involving DBEs that are named by bidders.
Questions concerning DBE Certification should be directed to the EEO office at (404)656-5323.
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DEP ARTMENT OF TRANSPORTATION
STATE OF GEORGIA
CERTIFICATIONS
Revised: July 1, 1997
Failure to complete appropriate certification requirements identified below or submission of a false
certification shall render the bid non-responsive.
EXAMINATION OF PLANS AND SPECIFICATIONS
I certify that I have carefully examined the Plans for this project and the Standard Specifications, 1993
Edition, the 1997 Supplemental Specification Book and the Supplemental Specifications and Special
Provisions included in and made a part of this Proposal, and have also personally examined the site of the
work. On the basis of the said Specifications and Plans, I proposed to furnish all necessary machinery,
tools, apparatus and other means of construction, and do all the work and furnish all the materials in the
materials specified.
I understand the quantities mentioned are approximate only and are subject to either increase or decrease
and hereby propose to perform any increased or decreased quantities of work or extra work on the basis
provided for in the specifications.
I also hereby agree that the State, or the Department of Transportation, would suffer damages in a suffer
equal to at least the amount of the enclosed Proposal Guaranty, in the event my Proposal should be
accepted and a Contract tendered me thereunder and I should refuse to execute same and furnish bond as
herein required, in consideration of which I hereby agree that, in the event of such failure on my part to
execute said Contract and furnish bond within fifteen (15) days after the date of the letter transmitting the
Contract to me, the amount of said Proposal Guaranty shall be and is hereby, forfeited to the State, or the
Department of Transportation, as liquidated damages as the result of such failure on my art.
I further propose to execute the Contract agreement described in the Specifications as soon as the work is
awarded to me, and to begin and complete the work within the time limit provided. I also propose to
furnish a Contract Bond, approved by the State Transportation Board, as required by the laws of the State
of Georgia. This bond shall not only serve to guarantee the completion of the work on my part, but also to
guarantee the excellence of both workmanship and materials until the work is finally accepted, as well as
to fully comply with all the laws of the State of Georgia.
CONFLICT OF INTEREST
By signing and submitting this Contract I hereby certify that employees of this company or employees of
any company supplying material or subcontracting to do work on this Contract will not engage in business
ventures with employees of the Georgia Department of Transportation (GA D.O.T.) nor shall they provide
gifts, gratuities, favors, entertainment, loans or other items of value to employees of this Department.
Also, by signing and submitting this Contract, I hereby certify that I will notify the Georgia Department of
Transportation through its District Engineer of any business ventures entered into between employees of
this company or employees of any company supplying material or subcontracting to do work on this
Contract with a family member ofGA D.O.T. employees.
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DEP ARTMENT OF TRANSPORT A TION
STATE OF GEORGIA
DRUG FREE WORKPLACE
The undersigned certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official
Code of Georgia Annotated, relating to the "Drug-free Workplace Act", have been complied with in full.
The undersigned further certifies that:
1. A drug-free workplace will be provided for the Contractors employees during the performance of the
Contract; and
2. Each Contractor who hires a Subcontractor to work in a drug-free workplace shall secure from that
Subcontractor the following written certification as follows:
"As part of the subcontracting agreement with (Contractors name), (Subcontractors name) certifies
to the Contractor that a drug free workplace will be provided to and for the subcontractors
employees during the performance of this Contract pursuant to paragraph (7) of subsection of
Code Section 50-24-3."
Also, the undersigned further certifies that he will not engage in the unlawful manufacture, sale
distribution, dispensation, possession, or use of a controlled substance or marijuana during the
performance of the Contract.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
NON-COLLUSION CERTIFICATION
I hereby certify that I have not, nor has any member of the firm(s) or corporation(s), either directly or
indirectly entered into any agreement, participated in any collusion, nor otherwise taken any action in
restraint of free competitive bidding in connection with this submitted bid.
It is understood and agreed that this Proposal is one of several competitive bids made to the Department of
Transportation, and in consideration of mutual agreements of the bidders, similar hereto, and in consideration of the
sum of One Dollar cash in hand paid, receipt whereof is hereby acknowledged, the undersigned agrees that this
Proposal shall be an option, which is hereby given by the undersigned to the Department of Transportation to accept
or reject this proposal at any time within fifty (50) calendar days from the date on which this sealed proposal is
opened and read, unless a longer period is specified in the Proposal or the successful bidder agrees in writing to a
longer period of time for the award, and in consideration of the premises, it is expressly covenanted and agreed that
this proposal is not subject to withdrawal by the Proposer or Bidder, during the term of said option.
I hereby acknowledge receipt of the following checked amendments of the Proposal, Plans, Specifications and/or
other documents pertaining to the Contract.
Amendment Nos.: 1_2_3_ 4_5_. I understand that failure to confirm the receipt of amendments is
cause for rejection of bids.
Witness my hand and seal this the _ day of
,20_.
The bidder(s) whose signature(s) appear on this
document, having personally appeared me, and
being duly sworn, deposes and says that the
above statements are true and correct.
(Print Company Name Here)
By (Seal)
Corporate PresidentlVice President or
individual Owner or Partner (Strike
through all except the one which applies.)
Sworn to and subscribed before me this
Day of ,20
Joint Bidder:
(Print Company Name Here)
(Name of Notary Public Here)
My Commission expires the
,20
day of
By (Seal)
Corporate PresidentlVice President or
individual Owner or Partner (Strike
through all except the one which applies.)
Joint Bidder:
(Federal ID No./IRS No.)
(Print Company Name Here)
By (Seal)
Corporate PresidentlVice President or
or individual Owner or Partner (Strike
through all except the one which applies.)
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DEPARTMENT OF TRANSPORTATION
ST ATE OF GEORGIA
NOTICE TO ALL BIDDERS
To report bid rigging activities call:
1-800-424-9071
The U.S. Department of Transportation (DOT) operates the above to11-
free "hotline" Monday through Friday, 8:00 AM to 5:00 PM, Eastern
Time. Anyone with the knowledge of possible bid rigging, bidder
collusion, or other fraudulent activities should use the "hotline" to
report such activities.
The "hotline" is part of the DOT's continuing effort to identify and
investigate highway construction contract fraud and abuse, and is
operated under the direction of the DOT Inspector General. All
information will be treated confidentially and caller anonymity will be
respected.
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DEPARTMENT OF TRANSPORTATION
ST A TE OF GEORGIA
FHWA-1273
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
Table of Contents
I. General 1
II. Nondiscrimination 1
III. Nonseqreqated Facilities 3
IV. Payment of Predetermined Minimum Waqe 3
V. Statements and Payrolls 6
VI. Record of Materials, Supplies, and Labor 6
VII. Sublettinq or Assiqninq the Contract 7
VIII. Safety: Accident Prevention 7
IX. False Statements Concerninq Hiqhway Proiects 7
X. Implementation of Clean Air Act and Federal Water Pollution Control Act 8
XI. Certification Reqardinq Debarment, Suspension, Ineliqibility, and Voluntary Exclusion 8
XII. Certification Reqardinq Use of Contract Funds for Lobbyinq 9
ATTACHMENTS
A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed on the contract by the contractor's own
organization and with the assistance of workers under the contractor's immediate superintendence and to
all work performed on the contract by piecework, station work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the
stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower
tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be
incorporated by reference in any case. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient
grounds for termination of the contract.
4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment
as provided in 29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section Vof
these Required Contract Provisions shall not be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL)
as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's
employees or their representatives.
6. Selection of Labor: During the performance of this contract, the contractor shall not:
a. discriminate against labor from any other State, possession, or territory of the United States (except
for employment preference for Appalachian contracts, when applicable, as specified in Attachment
A), or
b. employ convict labor for any purpose within the limits of the project unless it is labor performed by
convicts who are on parole, supervised release, or probation.
II. NONDISCRIMINA liON
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $1 0,000 or more.)
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate
and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules,
regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by
the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and
specific affirmative action standards for the contractor's project activities under this contract. The Equal
Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the
American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630
are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to
comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the State highway agency (SHA) and the Federal Government in
carrying out EEO obligations and in their review of his/her activities under the contract.
b. The contractor will accept as his operating policy the following statement
"It is the policy of this Company to assure that applicants are employed, and that
employees are treated during employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall include: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of
payor other forms of compensation; and selection for training, including apprenticeship,
preapprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer
who will have the responsibility for and must be capable of effectively administering and promoting an
active contractor program of EEO and who must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise,
promote, and discharge employees, or who recommend such action, or who are substantially involved in
such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start
of work and then not less often than once every six months, at which time the contractor's EEO
policy and its implementation will be reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the
EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days
following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO
Officer in the contractor's procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily
accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the
attention of employees by means of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all advertisements for
employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in
publications having a large circulation among minority groups in the area from which the project work force
would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and
direct recruitment through public and private employee referral sources likely to yield qualified
minority group applicants. To meet this requirement, the contractor will identify sources of potential
minority group employees, and establish with such identified sources procedures whereby minority
group applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall
referrals, he is expected to observe the provisions of that agreement to the extent that the system
permits the contractor's compliance with EEO contract provisions. (The DOL has held that where
implementation of such agreements have the effect of discriminating against minorities or women,
or obligates the contractor to do the same, such implementation violates Executive Order 11246, as
amended.)
c. The contractor will encourage his present employees to refer minority group applicants for
employment. Information and procedures with regard to referring minority group applicants will be
discussed with employees.
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DEPARTMENT OF TRANSPORT A TION
ST ATE OF GEOn.GIA
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and
administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin,
age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to insure that working conditions
and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to
determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether
there is evidence of discrimination. Where evidence is found, the contractor will promptly take
corrective action. If the review indicates that the discrimination may extend beyond the actions
reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the
contractor in connection with his obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a reasonable time. If the investigation
indicates that the discrimination may affect persons other than the complainant, such corrective
action shall include such other persons. Upon completion of each investigation, the contractor will
inform every complainant of all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and
women employees, and applicants for employment.
b. Consistent with the contractor's work force requirements and as permissible under Federal and
State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and
on-the-job training programs for the geographical area of contract performance. Where feasible, 25
percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or
training. In the event a special provision for training is provided under this contract, this
subparagraph will be superseded as indicated in the special provision.
c. The contractor will advise employees and applicants for employment of available training programs
and entrance requirements for each.
d. The contractor will periodically review the training and promotion potential of minority group and
women employees and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will
use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority
groups and women within the unions, and to effect referrals by such unions of minority and female
employees. Actions by the contractor either directly or through a contractor's association acting as agent
will include the procedures set forth below:
a. The contractor will use best efforts to develop, in cooperation with the unions, joint training
programs aimed toward qualifying more minority group members and women for membership in
the unions and increasing the skills of minority group employees and women so that they may
qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the
end that such union will be contractually bound to refer applicants without regard to their race,
color, religion, sex. national origin, age or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union
except that to the extent such information is within the exclusive possession of the labor union and
such labor union refuses to furnish such information to the contractor, the contractor shall so certify
to the SHA and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of minority and
women referrals within the time limit set forth in the collective bargaining agreement, the contractor
will, through independent recruitment efforts, fill the employment vacancies without regard to race,
color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or
qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that
the union with which the contractor has a collective bargaining agreement providing for exclusive
referral failed to refer minority employees.) In the event the union referral practice prevents the
contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and
these special provisions, such contractor shall immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor
shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the
selection and retention of subcontractors, including procurement of materials and leases of equipment.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations
under this contract.
b. Disadvantaged business enterprises (DB E), as defined in 49 CFR 23, shall have equal opportunity
to compete for and perform subcontracts which the contractor enters into pursuant to this contract.
The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or
subcontractors with meaningful minority group and female representation among their employees.
Contractors shall obtain lists of DBE construction firms from SHA personnel.
c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO
obligations.
9. Records and Reports: The contractor shall keep such records as necessary to document compliance with
the EEO requirements. Such records shall be retained for a period of three years following completion of
the contract work and shall be available at reasonable times and places for inspection by authorized
representatives of the SHA and the FHWA.
a. The records kept by the contractor shall document the following:
i. The number of minority and non-minority group members and women employed in each
work classification on the project;
ii. The progress and efforts being made in cooperation with unions, when applicable, to
increase employment opportunities for minorities and women;
iii. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading
minority and female employees; and
iv. The progress and efforts being made in securing the services of DBE subcontractors or
subcontractors with meaningful minority and female representation among their
employees.
b. The contractors will submit an annual report to the SHA each July for the duration of the project,
indicating the number of minority, women, and non-minority group employees currently engaged in
each work classification required by the contract work. This information is to be reported on Form
FHWA-1391. If on-the job training is being required by special provision, the contractor will be
required to collect and report training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this
material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction
contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does
not maintain or provide for its employees any segregated facilities at any of its establishments, and
that the firm does not permit its employees to perform their services at any location, under its
control, where segregated facilities are maintained. The firm agrees that a breach of this
certification is a violation of the EEO provisions of this contract. The firm further certifies that no
employee will be denied access to adequate facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas,
restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees which are segregated by explicit
directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or
disability, because of habit, local custom, or otherwise. The only exception will be for the disabled
when the demands for accessibility override (e.g. disabled parking).
c. The contractor agrees that it has obtained or will obtain identical certification from proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of material
supply agreements of $10,000 or more and that it will retain such certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural minor collectors, which are
exempt. )
1. General:
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a. All mechanics and laborers employed or working upon the site of the work will be paid
unconditionally and not less often than once a week and without subsequent deduction or rebate
on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued
by the Secretary of Labor under the Copeland Act (40 U.S. C. 276c)] the full amounts of wages and
bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall
be computed at wage rates not less than those contained in the wage determination of the
Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the
contractor or its subcontractors and such laborers and mechanics. The wage determination
(including any additional classifications and wage rates conformed under paragraph 2 of this
Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the
contractor and its subcontractors at the site of the work in a prominent and accessible place where
it can be easily seen by the workers. For the purpose of this Section, contributions made or costs
reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act
(40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of
this Section, regular contributions made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period. Such laborers
and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as
provided in paragraphs 4 and 5 of this Section IV.
b. Laborers or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein, provided, that the
employer's payroll records accurately set forth the time spent in each classification in which work is
performed.
c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3,
and 5 are herein incorporated by reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any class of laborers or mechanics employed under
the contract, which is not listed in the wage determination, shall be classified in conformance with
the wage determination.
b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only
when the following criteria have been met:
i. the work to be performed by the additional classification requested is not performed by a
classification in the wage determination;
ii. the additional classification is utilized in the area by the construction industry;
Hi. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
iv. with respect to helpers, when such a classification prevails in the area in which the work is
performed.
c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be
employed in the additional classification or their representatives, and the contracting officer agree
on the classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the contracting officer to the DOL,
Administrator of the Wage and Hour Division, Employment Standards Administration, Washington,
D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of receipt and so advise
the contracting officer or will notify the contracting officer within the 30-day period that additional
time is necessary.
d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be
employed in the additional classification or their representatives, and the contracting officer do not
agree on the proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including the views of
all interested parties and the recommendation of the contracting officer, to the Wage and Hour
Administrator for determination. Said Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary
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e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c
or 2d of this Section IV shall be paid to all workers performing work in the additional classification
from the first day on which work is performed in the classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors,
as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another
bona fide fringe benefit or an hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other
third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,
provided, that the Secretary of Labor has found, upon the written request of the contractor, that the
applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require
the contractor to set aside in a separate account assets for the meeting of obligations under the
plan or program.
4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
a. Apprentices:
i. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the DOL, Employment and Training Administration,
Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized
by the Bureau, or if a person is employed in his/her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Bureau of Apprenticeship and
Training or a State apprenticeship agency (where appropriate) to be eligible for
probationary employment as an apprentice.
ii. The allowable ratio of apprentices to journeyman-level employees on the job site in any
craft classification shall not be greater than the ratio permitted to the contractor as to the
entire work force under the registered program. Any employee listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate listed in the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor or subcontractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman-level hourly rate) specified in the contractor's
or subcontractor's registered program shall be observed.
iii. Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeyman-level
hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe
benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable classification.
If the Administrator for the Wage and Hour Division determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination.
iv. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency
recognized by the Bureau, withdraws approval of an apprenticeship program, the
contractor or subcontractor will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the comparable work performed by regular employees
until an acceptable program is approved.
b. Trainees:
i. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the DOL, Employment and Training Administration.
ii. The ratio of trainees to journeyman-level employees on the job site shall not be greater
than permitted under the plan approved by the Employment and Training Administration.
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Any employee listed on the payroll at a trainee rate who is not registered and participating
in a training plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any trainee performing work on the job site in excess
of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed.
iii. Every trainee must be paid at not less than the rate specified in the approved program for
his/her level of progress, expressed as a percentage of the journeyman-level hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour Division determines
that there is an apprenticeship program associated with the corresponding journeyman-
level wage rate on the wage determination which provides for less than full fringe benefits
for apprentices, in which case such trainees shall receive the same fringe benefits as
apprentices.
iv. In the event the Employment and Training Administration withdraws approval of a training
program, the contractor or subcontractor will no longer be permitted to utilize trainees at
less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
c. Helpers:
Helpers will be permitted to work on a project if the helper classification is specified and defined on
the applicable wage determination or is approved pursuant to the conformance procedure set forth
in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a
approved definition, shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which have been
certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway
construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight
time hourly wage rates for apprentices and trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted
by the terms of the particular program.
6. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative of the DOL
withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other
Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-
Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of
wages required by the contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required
by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may require or involve
the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers
described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard
in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such
workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less
than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such
workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in
paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected
employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the District of Columbia or a territory, to such
District or to such territory) for liquidated damages. Such liquidated damages shall be computed with
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respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set
forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or
permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages
required by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized representative of the DOL
withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor
or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which
is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the
clause set forth in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural collectors, which are exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein
incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and each
subcontractor during the course of the work and preserved for a period of 3 years from the date of
completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers,
and guards working at the site of the work.
b. The payroll records shall contain the name, social security number, and address of each such
employee; his or her correct classification; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types
described in Section 1 (b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked;
deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records
shall contain a notation indicating whether the employee does, or does not, normally reside in the
labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to
Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount
of any costs reasonably anticipated in providing benefits under a plan or program described in
Section 1 (b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain
records which show that the commitment to provide such benefits is enforceable, that the plan or
program is financially responsible, that the plan or program has been communicated in writing to
the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in
providing benefits. Contractors or subcontractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprentices and trainees,
and ratios and wage rates prescribed in the applicable programs.
c. Each contractor and subcontractor shall furnish, each week in which any contract work is
performed, to the SHA resident engineer a payroll of wages paid each of its employees (including
apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen
and guards engaged on work during the preceding weekly payroll period). The payroll submitted
shall set out accurately and completely all of the information required to be maintained under
paragraph 2b of this Section V. This information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be purchased from the Superintendent of
Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office,
Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of
payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his/her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
i. that the payroll for the payroll period contains the information required to be maintained
under paragraph 2b of this Section V and that such information is correct and complete;
ii. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on
the contract during the payroll period has been paid the full weekly wages earned, without
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rebate, either directly or indirectly, and that no deductions have been made either directly
or indirectly from the full wages earned, other than permissible deductions as set forth in
the Regulations, 29 CFR 3;
iii. that each laborer or mechanic has been paid not less that the applicable wage rate and
fringe benefits or cash equivalent for the classification of worked performed, as specified in
the applicable wage determination incorporated into the contract.
e. The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"
required by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may subject the contractor to civil or criminal
prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section
V available for inspection, copying, or transcription by authorized representatives of the SHA, the
FHWA, or the DOL, and shall permit such representatives to interview employees during working
hours on the job. If the contractor or subcontractor fails to submit the required records or to make
them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor,
sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may be grounds for debarment action
pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the
installation of protective devices at railroad grade crossings, those which are constructed on a force
account or direct labor basis, highway beautification contracts, and contracts for which the total final
construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall:
a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47,
"Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal
Funds," prior to the commencement of work under this contract.
b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in
the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-
47, and in the units shown on Form FHWA-47.
c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47
together with the data required in paragraph 1 b relative to materials and supplies, a final labor
summary of all contract work indicating the total hours worked and the total amount earned.
2. At the prime contractors option, either a single report covering all contract work or separate reports for the
contractor and for each subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent
(or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding
any specialty items designated by the State. Specialty items may be performed by subcontract and the
amount of any such specialty items performed may be deducted from the total original contract price before
computing the amount of work required to be performed by the contractor's own organization (23 CFR 635).
a. "Its own organization" shall be construed to include only workers employed and paid directly by the
prime contractor and equipment owned or rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a subcontractor, assignee, or agent of the
prime contractor.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized
knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations
qualified and expected to bid on the contract as a whole and in general are to be limited to minor
components of the overall contract.
2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed
includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has
full authority to direct performance of the work in accordance with the contract requirements, and is in
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charge of all construction operations (regardless of who performs the work) and (b) such other of its own
organizational resources (supervision, management, and engineering services) as the SHA contracting
officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent
of the SHA contracting officer, or authorized representative, and such consent when given shall not be
construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will
be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains
all pertinent provisions and requirements of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local
laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards,
safety devices and protective equipment and take any other needed actions as it determines, or as the SHA
contracting officer may determine, to be reasonably necessary to protect the life and health of employees
on the job and the safety of the public and to protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor
enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any
employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary,
hazardous or dangerous to his/her health or safety, as determined under construction safety and health
standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized
representative thereof, shall have right of entry to any site of contract performance to inspect or investigate
the matter of compliance with the construction safety and health standards and to carry out the duties of the
Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
. In order to assure high quality and durable construction in conformity with approved plans and
specifications and a high degree of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons
concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful
falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of
Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the
following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places
where it is readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
. "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or
whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false
representation, or false report as to the character, quality, quantity, or cost of the material used or to be
used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection
with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or
related project submitted for approval to the Secretary of Transportation; or
. Whoever knowingly makes any false statement, false representation, false report or false claim with respect
to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished
or to be furnished, in connection with the construction of any highway or related project approved by the
Secretary of Transportation; or
. Whoever knowingly makes any false statement or false representation as to material fact in any statement,
certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916,
(39 Stat. 355), as amended and supplemented;
. Shall be fined not more that $10,000 or imprisoned not more than 5 years or both."
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X.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid
construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:
1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt
under the Clean Air Act, as amended (42 U.S.C. 1857 et sea., as amended by Pub.L. 91-604), and under
the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et sea., as amended by Pub.L. 92-
500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the
date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities
pursuant to 40 CFR 15.20.
2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the
Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines
listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of
Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under
consideration to be listed on the EPA List of Violating Facilities.
4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this
Section X in every nonexempt subcontract, and further agrees to take such action as the government may
direct as a means of enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELlGIBILlTY AND VOLUNTARY
EXCLUSION
1. Instructions for Certification - Primary Covered Transactions:
(Applicable to all Federal-aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial
of participation in this covered transaction. The prospective participant shall submit an explanation
of why it cannot provide the certification set out below. The certification or explanation will be
considered in connection with the department or agency's determination whether to enter into this
transaction. However, failure of the prospective primary participant to furnish a certification or an
explanation shall disqualify such a person from participation in this transaction.
c. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous certification, in addition to
other remedies available to the Federal Government, the department or agency may terminate this
transaction for cause of default.
d. The prospective primary participant shall provide immediate written notice to the department or
agency to whom this proposal is submitted if any time the prospective primary participant learns
that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the department
or agency to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
f. The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency
entering into this transaction.
g. The prospective primary participant further agrees by submitting this proposal that it will include the
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction," provided by the department or agency entering into this covered
transaction, without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
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h. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the non-procurement portion of the "Lists of Parties
Excluded From Federal Procurement or Non-procurement Programs" (Non-procurement List) which
is compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph f of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause or default.
***..
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Primary Covered
Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this
certification; and
d. Have not within a 3-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
*....
2. Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49
CFR 29)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set
out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department, or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered
transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in
this clause, have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with
which this transaction originated.
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DEP ARTMENT OF TRANSPORTATION
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f. The prospective lower tier participant further agrees by submitting this proposal that it will include
this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
g, A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement List.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension and/or
debarment.
*****
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered
Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
*****
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49
CFR 20)
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such recipients shall certify and disclose accordingly.
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DEP ART ME NT OF TRANSPORT A TION
STATE OF GEORGIA
12-19-94
APPENDIX A
NOTICE TO CONTRACTORS
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
FOR
FEDERAL-AID CONTRACTS
During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "Contractor"), agrees as follows:
1. Compliance with Regulations: The Contractor will comply with the Regulations of the
Department of Transportation relative to nondiscrimination in Federally-assisted programs of the
Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred
to as the "Regulations"), which are herein incorporated by reference and made a part of this
Contract.
.2. Nondiscrimination: The Contractor, with regard to the work performed by it afterward and
prior to completion of the contract work, will not discriminate on the ground ofrace, color, sex, or
national origin in the selection and retention of subcontracts including procurements of materials
and leases of equipment. The Contractor will not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when contract covers a program set forth in Appendix B of the Regulations. In addition, the
Contractor will not participate either directly or indirectly in discrimination prohibited by 23 CFR
710.405 (b).
3. Solicitations for subcontracts, including procurements of materials and
equipment: In all solicitations, either by competitive bidding or negotiation made by the
Contractor for work to be performed under a subcontract, including procurements of materials or
equipment, each potential subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on
the ground of raq@, color, national origin or sex.
4. Information and Reports: The Contractor will provide all information and reports required
by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its
books, records, accounts, other sources of infonna60n, and its facilities as may be determined by
the Department of
Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with
such Regulations, orders and instructions. Where any information required of a Contractor is in
the exclusive possession of another who fails or refuses to furnish this information, the Contractor
shall so certify to the Department of Transportation, or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to obtain the information.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this Contract, the Department of Transportation shall impose such
Contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) withholding of payments to the Contractors under the Contract until the Contractor
complies, and/or
or
(b) Cancellation, termination or suspension of the Contract, in whole
mpan.
.6. Incorporation of Provisions: The-Contractor will include the provisions of paragraph (1)
through,(6) in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations, orders or instruction issued pursuant thereto. The Contractor
will take such action with respect to any subcontract or procurement as the Department of
Transportation or the Federal Highway Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, however, that in the event a
Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as
result of such direction, the Contractor may request the State to enter into such litigation to protect
the interests of the State, and, in addition, the Contractor may request the United States to enter
into such litigation to protect the interest of the Untied States.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION
CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) (43 FR 14895)
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this
contract resulted;
b. "Director' means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority;
c. "Employer Identification Number" means the Federal Social Security number used on the
Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941.
d. 'Minority' includes:
(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic
origin);
(b) Hispanic (all persons ofB4exican, Puerto Rican, Cuban, Central or South American or other
Spanish Culture or origin, regardless of race;
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the
Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples
of North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of $10,000
the provisions of these specifications and the Notice which contains the applicable goals for minority
and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.
S. Department of Labor in the covered area either individually or through an association, As
affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in
accordance with that Plan for those trades which have unions participating in the Plan. Contractors
must be able to demonstrate their participation in and compliance with the provisions of any such
Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually
required to comply with its obligations under the EEO clause, and to make a good faith effort to
achieve each goal under the Plan in each trade in which it has employees. The overall good faith
performance by other Contractors or Subcontractors toward a goal in an approved Plan does not
excuse any covered Contractors or Subcontractor's failure to take good faith efforts to achieve the
Plan goals and timetables.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4 The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a
through p of these spea6ca6an& The goals set forth in the solicitation from which this contract
resulted are expressed as percentages of the total hours of employment and training of minority and
female utilization the Contractor should reasonably be able to achieve in each construction trade in
which it has employees in the covered area. The Contractor is expected to make substantially
uniform progress toward its goals in each craft during; the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom
the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse
the Contractor's obligations under these specifications, Executive Order 11246, or the regulations
promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the
goals, such apprentices and trainees must be employed by the Contractor during the training period,
and the Contractor must have made a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment opportunities. Trainees must
be trained pursuant to training programs approved by the U. S. Department of Labor.
7. The Contractor shall take specific aDinna6ve actions to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The Contractor shall document these efforts fully, and
shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, ba6nidamon, and coercion at all
sites, and in all facilities at which the Contractor's employees are assigned to work. The
Contractor, where possible, will assign two or more women to each construction project. The
Contractor shall specifically ensure that all foremen, superintendents, and other on-site
supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a
working environment, with specific attention to minority or female individuals working at such
sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when
the Contractor or its unions have employment opportunities available, and maintain a record of
the organization's responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority- and
female off-the-street applicant and minority or female referral from a union, a recruitment source
or community organization and of what action was taken with respect to each such individual. If
such individual was sent to the union hiring hall for referral and was not referred back to the
Contractor by the union or, if referred, not employed by the Contractor, this shall be documented
in the file with the reason therefor, along with whatever additional actions the Contractor may
have taken.
d. Provide:immediate written notification to the Director when the union or unions with which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority
person or woman sent by the Contractor, or when the Contractor hot' other information that the
union referral process has impeded the Contractor's efforts to meet its obligations.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
e. Develop on-the-job training opportunities and/or participate in training programs for the area
which expressly include minority and women, including upgrading programs and apprenticeship
and trainee programs relevant to the Contractor's employment needs, especially those programs
funded or approved by the Department of Labor. The Contractor shall provide notice of these
programs to the sources compiled under 7b above.
f. Disseminate the Contractor's EEO policy by providing the notice of the policy to unions and
training programs and requesting their cooperation in assisting the Contractor in meeting
its EEO obligations; by including it in any policy manual and collective bargaining agreement;
by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy
with all management personnel and with all minority and female employees at least once a year;
and by posting the company EEO policy on bulletin boards accessible to all employees at each
location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under
these specifications with all employees leaving any responsibility for hiring, assignment, layoff,
termination or other employment decisions including specific review of these items with onsite
supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of
construction work at any job site. A written record shall be made and maintained identifying the
time and place of these meetings, persons attending, subject matter discussed, and disposition of
the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news
media, specifically including minority and female news media, and providing written notification
to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with
whom the Contractor does or anticipates doing business.
1. Direct its recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority -and female students and to minority and female
recruitment and training organizations serving the Contractor's area and employment needs. Not
later than one month prior to the date for the acceptance of applications for apprenticeship or
other training by any recruitment source, the Contractor shall send written notification to
organizations such as the above, describing the openings, screening procedures, and test to be
used in the selection process.
J. Encourage present minority and female employees ix) recruit other minority persons and women
and, where reasonable, provide after school, summer and vacation employment to minority and
female youth both on the site and in other areas of a Contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under
41 CFR Part 60-3.
1. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for
promotional opportunities and encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments and other personnel
practices, do not have a discriminatory effect by continually monitoring all personnel and
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STATE OF GEORGIA
ernployment related activities to ensure that the EEO policy and the Contractor's obligations
under these specifications are being carried out.
n. Ensure that all facilities and company imUmi6es are nonsegregated except that separate or
single-user toilet and necessary changing facilities shall be provided to assure privacy between
the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority
and female contractor associations and other business associations.
p. Conduct a review, at least annually of all supervisors' adherence to and performance under the
contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or
more of their affirmative action obligations (7a through p). The efforts of a contractor association,
joint contractor-union, contractor-community, or other similar group of which the contractor is a
member and participant, may be asserted as fulfilling anyone or more of its obligations under 7a
through p of these Specifications provided that the contractor actively participates in the group,
makes every effort to assure that the group has a positive impact on the employment of minorities
and women in the industry, ensures that the concrete benefits of the program are reflected in the
Contractor's minority and female workforce participation, makes a good faith effort to meet its
individual goals and timetables, and can provide access to documentation which demonstrates the
effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the
Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the
Contractor's noncompliance.
9. A. single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative
action for all minority groups, both male and female, and all women, both minority and non-
minority. Consequently, the Contractor may be in violation of the Executive Order if a particular
group is employed in a substantially disparate manner (for example, even though the Contractor has
achieved its goals for women generally, the Contractor may be in violation of the Executive Order if
a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and
of the Equal Opportunity Clause, including suspension, termination and cancellation of existing
subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor
who fails to carry out such sanctions and penalties shall be in violation of these specifications and
Executive Order 11246, as amended.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its efforts to ensure equal employment
opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in accordance with 41
CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the provisions
hereof as may be required by the Government and to keep records. Records shall at least include for
each employee the name, address, telephone numbers, construction trade, union affiliation if any,
employee identification number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week
in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be
maintained in an easily understandable and retrievable form; however, to the degree that existing
records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance or upon the application of requirements for the hiring of
local or other area residents (e.g., those under the Public Works Employment lot of 1977 and the
Community Development Block Grant Program).
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DEPARTMENT OF TRANSPORTATION
ST A TE OF GEORGIA
FEDERAL REGISTER / VOL. 45, NO. 194 / FRIDAY, OCTOBER 3,1980 / NOTICES
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) (43 FR 14895)
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard
Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for
the Contractor's aggregate workforce in each trade on all construction work in the covered areas,
are as follows:
GOALS FOR FEMALE PARTICIPATION
APPENDIX A
(43 FR 19473)
The following goals and timetables for female utilization shall be included in all Federal and federally
assisted construction contracts and subcontracts in excess of $10,000. The goals ire applicable to the
contractor's aggregate on-site construction workforce whether or not part of that workforce is performing
work on a Federal or federally-assisted construction contract or subcontract. Area covered: Goals for
Women apply nationwide.
Goals and timetables
Timetable Goals
percent)
4-1-78
4-1-79
4-1-80
to 3-31-79
to 3-31-80
Until Further Notice
3.1
5.0
6.9
GOALSFOR
MINORITY PARTICIPATION
Appendix B-80
Until further notice, the following goals for minority utilization in each construction craft and trade shall
be included in all Federal or federally assisted construction contracts and subcontracts in excess of
$10,000 to be performed in the respective geographical areas. The goals are applicable to each
nonexempt contractor's total onsite construction workforce, regardless of whether or not part of that
workforce is performing work on a Federal, federally assisted or nonfederally related project, contract or
subcontract.
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DEP ARTMENT OF TRANSPORTATION
ST ATE OF GEORGIA
FEDERAL REGISTER I VOL. 45. NO. 194 I FRD3A Y, OCTOBER 3,1980 I-NOTICES
Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60-@5) are
required to comply with the goals of the Hometown Plan with regard to construction work they perform in
the areas covered by the Hometown Plan. With regard to all their other covered construction work, such
contractors are required to comply with the applicable SMSA or EA goal contained in this appendix B-80.
FEDERAL REGISTER I VOL. 45, NO. 194 I FRIDAY. OCTOBER 3.1980 I NOTICES
State
Goal
(per
cent)
Georgia:
035 Augusta, GA:
SMSA Counties:
06.00 Augusta, GA-SC
GA Columbia; GA Richmond; SC Aiken;
Non-SMSA Counties
GA Burke; GA Emanuel; GA Glascock; GA Jefferson;
GA Jenkins; GA Lincoln; GA McDuffie; GA Talleferro;
GA Warren; GA Wilkes; SC Allendale; SC Bamburg;
SC Barnwell; SC Edgefield; SC McCormick;
036 Atlanta, GA:
SMSA Counties:
0520 Atlanta, GA
GA Butts; GA Cherokee; GA Clayton; GA
Cobb; GA DeKalb; GA Douglas; GA Fayette; GA
Forsyth; GA Fulton; GA Gwinnett; GA Henry; GA
Newton; GA Paulding; GA Rockdale; GA Walton
Non-SMSA Counties
GA Banks; GA Barrow; GA Carroll; GA Clarke;
GA Coweta; GA Dawson; GA Elbert; GA Fannin;
GA Floyd; GA Franklin; GA Gilmer; GA Gordon;
GA Greene; GA Habersham; GA Hall; GA
Haralson; GA Hart; GA Heard; GA Jackson; GA
Jasper; GA Lamar; GA Lumpkin; GA Madison;
GA Morgan; GA Oconee; GA Oglethorpe; GA
Pickins; GA Pike; GA Polk; GA Rabun; GA
Spalding; GA Stephens; GA Towns; GA Upson; GA
White
037 Columbus, GA:
SMSA Counties:
1800 Columbus, GA-AL
Al Russell; GA Chattahoochee; GA Columbus
Non-SMSA Counties
Al Chambers; AJ Lee: GA Harris; GA Marion: GA
Meriwether; GA Quitman; GA Schley; GA
27.2
32.8
21.2
19.5
29.6
31.6
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DEP ARTMENT OF TRANSPORT A TION
STATE OF GEORGIA
Stewart; GA Sumter; GA Talbot; GA Troup;
GA Webster
038 MACON. GA
SMSA Counties:
4680 Macon, GA
GA Bibb; GA Houston: GA Jones; GA Twiggs
Non-SMSA Counties
GA Baldwin: GA Bleckley: Crawford; GA Crisp;
GA Dodge; GA Dooly; GA Hancock: GA Johnson;
GA Laurens: GA Macon; GA Monroe; GA Peach;
GA Pulaski; GA Putnam; GA Taylor; GA Telfair;
GA Treutlan; GA Washington; GA Wheeler;
GA Wilcox; GA Wilkinson
039 Savannah, GA:
SMSA Counties:
7520 Savannah, GA
GA Bryan; GA Chatham; (3A"FfRnghani
Non-SMSA, Counties
GA Appling; GA Atkinson;
GA Bacon; GA Bulloch; GA Candler; GA
Coffee; GA Evans; GA Jeff Davis; GA Liberty;
GA Long; GA McIntosh; GA Montgomery; GA
Screven; GA Tattnall; GA Toombs; GA Wayne;
SC Beaufort; SC Hampton; SC Jasper
040 Albany, GA:
SMSA Counties:
0120 Albany, GA
GA Dougherty; GA Lee
Non-SMSA Counties
GA Baker; GA Ben Hill; GA Berrien; GA
Brooks; GA Calhoun; GA Clay; GA Clinch;
GA Colquitt; GA Cook; GA Decatur; GA
Early; GA Echols; GA Grady; GA Irwin; GA
Lanier; GA Lowndes; GA Miller; GA Mitchell;
GA Randolph; GA Seminole; GA Terrell; GA
Thomas; GA Tift; GA Turner; GA Worth
27.5
31.7
30.6
29.8
32.1
31.1
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DEPARTMENT OF TRANSPORTATION
ST ATE OF GEORGIA
November 8, 1999
SPECIAL PROVISION
PROMPT PAYMENT:
Prime Contractors, who sublet a portion of their work, shall pay their subcontractors for satisfactory
performance of their contracts no later then 15 calendar days from receipt of each payment made to them.
Any delay or postponement of payment among the parties may take place only for good cause with prior
written approval from the Department.
If the contractor is found to be in noncompliance with these provisions, it shall constitute a breach of
contract and further payments for any work performed may be withheld until corrective action is taken. If
corrective action is not taken, it may result in termination of the contract.
All subcontract agreements shall contain this requirement.
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DEPARTMENT OF TRANSPORT A TION
STATE OF GEORGIA
REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONTRACTS
Revised: March 25, 1992
Revised: January 7, 1994
Revised: June 9, 1995
First Use 1993 Specifications: October 22, 1993
BUY AMERICA
All manufacturing processes for steel and iron materials and steel and iron coatings permanently incorporated into
this project must occur in the United States of America. However, pig iron and processed, pelletized, or reduced
iron ore used in the production of these products may be manufactured outside the United States.
This requirement, however, does not prevent a minimal use of foreign materials and coatings, providing that the
cost of materials and coatings used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost
or $2500.00 whichever is greater.
NOTE: Coatings include: epoxy coating, galvanizing, painting and any other coating that protects or
enhances the value of the material.
March 25, 1992
Revised: September 6, 1993
First Use 1993 Specifications: October 22, 1993
CONVICT PRODUCED MATERIALS
Materials produced by convict labor after July 1, 1991, may not be used for Federal-Aid highway
construction projects unless it meets the following criteria:
1. The materials must be produced by convicts who are on parole, supervised release or probation from a prison;
or,
2. If produced in a qualified prison facility, the amount of such materials produced in any 12-month period shall
not exceed the amount produced in such facility for such construction during the 12-month period ending July
1, 1987. A qualified prison is defined as one producing convict made materials prior to July I, 1987.
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PROPOSAL
for
AUGUSTA CANAL MULTI-USE TRAIL
PHASE II AND III
The Augusta-Richmond County Commission
Municipal Building
Augusta, Georgia 30911
Gentlemen:
The undersigned, as bidder, herein referred to a singular and masculine, declares as follows:
1. The only parties interested in the proposal as principals are named herein;
2. He has carefully examined and fully understands the Contract Documents
3. He understands that information relative to existing structures and underground utilities as
furnished to him on the drawings, the Contract Documents or by the Augusta-Richmond
County Public Works Department, carries no guarantee expressed or implied, as to its
completeness or accuracy and he has made due allowances therefore;
4. He has made a personal examination of the site of the proposed work and has satisfied himself
as to the actual conditions and requirements of the work;
and hereby proposes and agrees that, if the Proposal is accepted he will contract with the Augusta-
Richmond County Commission-Council, to furnish all machinery, tools, apparatus and other means
of construction and to do all work and furnish materials called for in accordance with the requirements
of the Director of the Augusta-Richmond County Public Works Department and the true intent of the
Contract Documents and that he will take in full payment for each item of work, thereof, the unit or
lump sum price applicable to that item as stated in the schedule below.
NOTES:
1. Bidders must bid on each item in the Base Bid and Add Alternatives as shown on the attached
bid sheets.
2. Bid submittal must include copy of completed DBE Goals forms.
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Augusta Canal Multi-Use Trail
STP-00E(96) I P.1. 271120
BASE BID
2
3
4
5
6
400
1,170
28
40
82
CY $11.70
LF $53.55
LF $128.00
LF $67.00
LF $111.00
$4,680.00
$62,653.50
$3,584.00
$2,680.00
$9,102.00
7
8
4
2
EA $142.00
EA $38.00
Sub Total Section 1
$568.00
$76.00
$113,588.50
SectiQ
9
. 1,)""@'~,~~'r~l(o).-n7':~11~~~~':'---' ;~h'"'-(J~._-" ~"l':Y.'i<'.j'ii/~r. r-t)'; -~.;.~;r.t\'-" ..' ; . ,., - 1
""".."",,_!HJ~~/.~~1:.\.I:../.A,~:1.'<!-;::\;'41;.:~.t.~!,!,\.~~~,..,.:l.J.lh;A!'.\!^...~~.\.tJ.i.r':!4-:,,~-_...,,~};,\.....!;):~~~i ....., - .,' . ...
$17,710.00
10
11
12
13
14
15
Surface Preparation - Dragging, Shaping,
Rollin ,Etc.
Select Fill Material I Surface Material
36" Hi h, Timber Hazard Barrier
18" Diameter Flared End Section
18" Diameter RCP, Class IV
Dro Inlet, GA DOT 1019A
6" Diameter French Drain Including #57 Stone,
Filter Fabric
Bollards
Si ns, Miscellaneous
Galvanized Metal Si n Posts
Si ns, Miscellaneous HOPE
Timber Si n Posts
15,400
SY $1.15
CY $11.70
LF $36.75
EA $400.00
LF $33.35
EA $1,250.00
LF $18.00
EA $475.00
EA $86.00
EA $59.00
EA $138.60
EA $38.00
Sub Total Section 2
$5,850.00
$44,100.00
$800.00
$3,835.25
$2,500.00
$2,880.00
$1,425.00
$860.00
$413.00
$277.20
$76.00
$80,726.45
500
1,200
2
115
2
160
16
17
18
19
20
3
10
7
2
2
Lum Sum Construction 1 $178,000.00 $178,000.00
4" Thick Concrete Sidewalk 3,300 $23.65 $78,045.00
Concrete Head Wall, GA DOT 1125 10 $682.50 $6,825.00
24" Diameter Flared End Section 2 $455.00 $910.00
24" Diameter RCP, Class IV 40 $49.00 $1,960.00
48" Diameter RCP, Class III 40 $122.00 $4,880.00
24" Rip-Rap, Type III with Stone Blanket 275 $56.00 $15,400.00
Protection
31 As halt Saw Cut 100 LF $6.40 $640.00
32 As halt/Concrete Pavement Removal 500 SY $2.60 $1,300.00
33 New As halt Pavement Structure A 12.5mm 400 . SY $16.30 $6,520.00
34 New As halt Pavement Structure B 9.5mm 300 SY $17.90 $5,370.00
35 30" Concrete Curb & Gutter 500 LF $11.05 $5,525.00
36 8" Wide Solid White Thermo lastic Stri in 2,800 LF $1.05 $2,940.00
37 5" Wide Double Solid Yellow Thermoplastic 1,400 LF $1.25 $1,750.00
Stri in
NIC (Not In Contract)
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38 24" Wide Solid White Thermoplastic Striping 100 LF $5.25 $525.00
Stop Bar
39 Thermoolastic MarkinQ, Words & Symbols 4 EA $525.00 $2,100.00
40 Cross-Walk StripinQ - Border 1,900 LF $1.05 $1,995.00
41 Cross-Walk StrioinQ - HatchinQ 1,200 SY $3.15 $3,780.00
42 Bollards 9 EA $475.00 $4,275.00
43 Adiust Gas Valve to Grade 1 EA $1,050.00 $1,050.00
44 Adiust Water Valve to Grade 1 EA $1,050.00 $1,050.00
45 Adiust Sanitarv Manhole to Grade 1 EA $1,050.00 $1,050.00
46 Remove/Reset Chain Link Fence 100 LF $10.50 $1,050.00
47 Remove/Reset SiQns, Miscellaneous 2 EA $78.75 $157.50
48 SiQns, Miscellaneous 234 EA $81.85 $19,152.90
49 Galvanized Metal SiQn Posts 107 EA $59.00 $6,313.00
50 SiQns, Miscellaneous (HOPE) 34 EA $111.25 $3,782.50
51 Timber Sian Posts 14 EA $38.00 $532.00
Sub Total Section 4 $356,877.90
Augusta Canal Multi-Use Trail
STP-00E(96) I P.1. 271120
~fSt0.~~!iJtK..~B:':~0~(tffi):0i[iE(.r-;gm-:r~~mi., - - _ .. - - - ~ - .-
. ,
52 8" Wide Solid White Thermoplastic StripinQ 3,600 LF $1.05 $3,780.00
53 5" Wide Double Solid Yellow Thermoplastic 1,800 LF $1.25 $2,250.00
Strioina
54 Thermoolastic Marking, Words & Svmbols 6 EA $525.00 $3,150.00
55 4" Thick Concrete Sidewalk 1,200 SY $23.65 $28,380.00
56 6" Thick Concrete Drive PavinQ, GA DOT 6050 60 SY $34.05 $2,043.00
57 30" Concrete Curb & Gutter 1,600 LF $11.05 $17,680.00
58 30" Concrete Roll Curb & Gutter 400 LF $11.05 $4,420.00
59 54" Hiah, Timber Safety Railing 50 LF $128.00 $6,400.00
60 Sians, Miscellaneous 65 EA $100.00 $6,500.00
61 Galvanized Metal Sian Posts 30 EA $59.00 $1,770.00
62 Cross-Walk Stripina - Border 250 LF $1.05 $262.50
63 Cross-Walk StrioinQ - Hatching 180 SY $3.25 $585.00
64 Remove & Relocate Existing Street Light 1 LS $5,040.00 $5,040.00
Station +/- 28+00)
Sub Total Section 5 $82,260.50
~~r;ll:1'''--~;'fy:rJ~"'ir~~~.;m~7,!i:~i:;:~;,;-pw-m----;. --- - - - --...--- --:---:- .----- . -- ... ~. . --.,-- -.,
. \...~. . - . . .... ~. .- "'-' . ", - .
65 Lumo Sum Construction 1 LS $54,000.00 $54,000.00
66 4" Thick Concrete Sidewalk 20 SY $23.65 $473.00
67 6" Thick Concrete 220 SY $33.10 $7,282.00
68 SiQns, Miscellaneous (HOPE) 7 EA $141.75 $992.25
69 Timber Sian Posts 7 EA $37.80 $264.60
70 Sians, Miscellaneous 22 EA $81.90 $1,801.80
71 Galvanized Metal SiQn Posts 8 EA $63.00 $504.00
72 Bollards 8 EA $475.00 $3,800.00
73 24" Wide Solid lMlite Thermoplastic Stop Bar 10 LF $5.25 $52.50
74 30" Concrete Curb & Gutter 20 LF $11.00 $220.00
Sub Total Section 7 $69,390.15
TOTAL UNIT BID $702,843.50
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Augusta Canal Multi-Use Trail
STP-00E(96) / P.1. 271120
Add AL TERNA TE 1:
ffr.:G'J~[f:V-trflifQ1,t'WtlTkll(fF@~>>-mit.JlJmnremm@m:(t] .-- - - ~ ~ -=~ --~ --~ -. -- .- _ _ \_____ n .. ...-._-
65 Lump Sum Construction 1 LS $80,270.00 $80,270.00
66 4" Thick Concrete Sidewalk 450 SY $23.65 $10,642.50
68 Signs, Miscellaneous (HDPE) 8 EA $126.00 $1,008.00
69 Timber Sian Posts 3 EA $37.80 $113.40
72 Bollards 1 EA $475.00 $475.00
73 24" Wide Solid White Thermoplastic Stop Bar 10 LF $5.25 $52.50
74 30" Concrete Curb & Gutter 20 LF $11.05 $221.00
75 Cross-Walk Strioina - Border 60 LF $1.05 $63.00
76 Cross Walk Stripina - Hatchina 35 SY $3.15 $110.25
77 Keystone Wall (Comolete, Include backfill) 2,700 SF $83.00 $224,100.00
Total Add Alternate NO.1
$317,055.65
Add ALTERNATE 2:
~~tfj.f,r::;:-.-'~n~;;[;fi~lr:=:I)F'i'if.d:U[~~1l!iTm)mJ3:~fry;jf-':- .-'1[--:.. ~:---T.--- -~;- .---r-."--'-- -. -- - Ii h.'''_ - - ~ -. - :
78 Lumo Sum Construction 1 LS $60,150.00 $60,150.00
79 36" HiQh, Hazard Barrier 100 LF $31.40 $3,140.00
80 SiQns, Miscellaneous 8 EA $88.20 $705.60
81 Galvanized Metal Sian Posts 4 EA $58.10 $232.40
82 Sians, Miscellaneous HDPE 31 EA $126.00 $3,906.00
83 Timber SiQn Posts 17 EA $37.80 $642.60
84 Concrete Head Wall, GA DOT 1125 4 CY $685.00 $2,740.00
85 Drop Inlet, GA DOT 1019A 1 EA $2,885.00 $2,885.00
86 24" Rip-Rao DOT Tvoe III with Stone Blanket Protection 50 SY $75.50 $3,775.00
87 42" Diameter RCP, Class III 67 LF $81.40 $5,453.80
88 Bollards 3 EA $475.00 $1,425.00
89 24" Diameter Flared End Section 2 EA $465.00 $930.00
90 24" Diameter RCP, Class IV 40 LF $50.00 $2,000.00
Total Add Alternate NO.2
$87,985.40
NOTES:
1. All RCP shall include "O-Ring" Gaskets
2. Lump Sum Construction shall include, but not limited to:
Clearing & Grubbing
Surface Preparation - Dragging, Shaping, Rolling, Etc.
Select Fill Material/Excavation / Miscellaneous Grading
Any work without a specific pay item.
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The contract covering the construction of all work described above will be completed within.12JL
consecutive calendar days from the date specified in the "Notice to Proceed" of the Augusta-Richmond
County Public Works Director: Seven hundred two thousand Ei~ht hundred forty-three and 50/100
Dollars ($702.843.50) subject to reductions, additions and deletions provided herein on the basis of
measured quantities of completed work and the prices bid.
Should any of the following alternates be accepted and be incorporated in the contract, the Base Bid
will be altered in each case as follows:
Alternate No.1 -
Add the sum of Three hundred seventeen thousand fifty five and 065/100 -------------------Dollars
($317.055.65) subject to reductions, additions and deletions provided herein on the basis of measured
quantities of completed work and the prices bid.
Alternate No.2 -
Add the sum of Eight-seven thousand Nine hundred eight-five and 40/100-------------------Dollars
($87.985.40) subject to reductions, additions and deletions provided herein on the basis of measured
quantities of completed work and the prices bid.
Bidder further agrees to pay as liquidated damages the sum of $500.00 for each consecutive calendar
day thereafter.
It is understood that the Owner reserves the right to reject any and all proposals or to accept any
proposal as deemed to be to the best interest of the Owner.
It is also understood that the following addenda as issued during the bid period shall be included as
part of the Contract Documents:
Addendum
#1
Date
11/4/02
The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder
will within ten (10) days from the date of notification of acceptance of his proposal, execute the
contract and furnish the Owner with satisfactory performance and payment bond in the amount equal
to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or
Certified Check in the amount of Bid Bond Dollars
($ )being not less than ten (10%) percent of the total base bid sum.
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Should the bidder fail to execute the Contract and furnish the Performance and Payment Bond in case
this proposal is accepted, the Owner shall have the right to receive the amount of the bid security as
liquidated damages. If the security is a Certified Check it may be cashed by the Owner and the
amount received shall become the property of the Owner. If the security is a Bid Bond, the value
thereof shall be paid to the Owner by the Surety.
The undersigned, by submittal of this proposal, agrees that the above stated amount is the proper
measure of liquidated damages which the Owner will sustain by the failure of the undersigned to
execute the Contract and furnish the Performance and Payment Bond.
The undersigned hereby certifies that they have not, nor has any member of the firm(s) or
corporation(s), either directly or indirectly, entered into any agreement, participated in any collusion,
nor otherwise taken any action in restraint of free competitive bidding in connection with this
submitted bid.
It is understood and agreed that this Proposal is one of several competitive bids made to the OWNER
and in consideration of mutual agreements in hand paid, receipt whereof is hereby acknowledged, the
undersigned agrees that this Proposal shall be option, which is hereby given by the undersigned to the
OWNER to accept or reject this proposal at any time within sixty (60) days from the date on which
this sealed proposal is opened and read, and in consideration of the premises, it is expressly
covenanted and agreed that this proposal is not subject to withdrawal by the Proposer or Bidder,
during the term of said option.
The successful bidder shall have a current Business License.
The Owner is an Equal Opportunity Employer.
APAC-Georgia
Name of Bidder
Signature & Title of Authorized
Representative
P.O. Box 1129
Business Address
Au~usta. Georgia 30903-1129
City and State
Date: 11-12-02
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NDV-22-2002 01:48
ARC PURCHASING
P,01/02
~ Liberty
\'P Bond Services..
Interchange Corporate Center
450 Plymouth Road. Sulte 400
Plymouth Meeting. PA. 19462-1644
Ph. (610) 832-8240
ManIx:r or lJbeny Wul:ual (illlllp
BID BOND
Bond Number. 1100828
KNOW ALL MEN BY THESE PRESENTS. that we
APAC-Georgia, Inc.
, as principal (the .Principal").
and LIBERTY MUTUAL INSURANCE COMPANY. a Massachusetts mutual insurance company. as surety (the
.Surety"), are held and firmly bound unto
Augusta Richnmond County
. as obligee (the .Obligee"), in
the penal sum of
Ten Percen t of Bid
Dollars ($ 10% of bid ),
for the payment of which sum well and truly to be made. the said Principal and the said Surety, bind ourselves. our
heirs. executors. administrators. successors and assigns. Jolntly and severally, flrmly by these presents.
WHEREAS, the Principal has submitted a bid for:
Bid Item # 02-137A
Augusta Canal Multi-Use Trail
NOW, THEREFORE. if the Obligee shall accept the bid of the Principal within the period specified therein. or, if no
period be specified. within sixty (60) daYs after opening, and the Principal shall enter Into a contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or contract documents, or In the event of the failure of the Principal to enter Into such contract and give such
bond or bonds, If !he Principal shall pay to the Obligee the difference in money not to exceed the penal sum
hereof between the amount specified In said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the work covered by said bid, then this obligation shall be null and veld;
otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum hereof.
PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any daim by Obligee under this bond must
be submitted In writing by registered mall, to the attention of the Surety Law Department at the address above,
within 120 days of the date of this bond. Any suit under this bond must be Instituted before the expiration of one
(1) year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum
perfod of limitation available to sureties as a defense in the jurisdiction of the suit shall apply.
DATED as of this
12 th day of
November. 20 02
." .......
.. ~
.," "L
- - -~- ......
WITNESS I ATTEST:
APAC-Georgia, Inc.
(Principal)
_.....
MA~~t. L~b
(Seal)
~.
.. ($eal)
. .
LMIC-SOOO
Rev. 05114101'
1
1 .
..~H'S.~.~~ROF.A7T?~N~Y_'S~r:v.~~N~~::r~~~~,.~~r(9i:f.:E~:~f.~~~~.[J~~:.... . .... ..p.p .. 1100828
rhle Power ofAtto~ey .11m.ltS.ihe::..:c,f"lhQ$8 na~~~h:i~.jn.Ci. !b8{tuive'-~:l!ulhcirlty.t~:1)j~ct th8~mp'any. except In the mannB/' .and to .the
.exterrtiieri"lriat8ted;' . .::........:< ...-.>=::....:...::>~:::<::-...:...:..;':::,::,..-.:...:__..~:.::. ..-:...: ,... .. . ' . .
'. ,-' . . . ...::..~fBER~.~J4IJr1)A~JNSI;JR~~E..Cp~PANY:.~........
. . ..: .. _ .... ~.::.,:,~>.~:-~~::~1J~..:~.~..W.'~~:r.~::~:~:)_..::'..::.,.....
.::. :-
K~bW"i~LLPEA$bNSBYtfiESE-P.~ES.I;Nt$~.. ~.:.......:.:::",.~..:::,...: .-::.,: ... . '-. .. ,.
I : ..:.- ~1:~ber.tY M~aJi.~~.r~~.::c%~~;,~:-~;~::~~~~i~~:1~~~~t,h~~!~~~.~;~~~~~6~.~~;.~~~Ii.nt!~:.;~.d..~Y - ~~thOrity. ~f the By~law and .
. ..Autho.rization heiElinal!er..set ~orit!;:~~ ~atiy',~::#lQs~M~Wid;MPQTiTi\::J;~N.~. ~:.t;RqN'Q~AI::JC.:f!\;.~J:'::RH9APES,.I:IOY SCARBOROUGH, JR., ALL .
. ~E.~.:.~.~~:~~.P.~:r~~:~1:1FieE~;~~~~:.:~::;:,:;.~i~7.~:i:.::;;:::;:::;:~;:;;~}~:;:::;;;~:;~:~J;B;~:7:::~b~:;~~::::;~:~.::::::::~t:,i::i:S:::;::::::::::::::::::::::::::::::::::::::::::::
, each IndMdUally If tI'Il!re;be, !TIor~:~r((me n~Jts. rr.ue. B,rid:iawfuFattoniey:iil~~Ci.to IT).;l:k.jj>:8l(~8::~._acknOwledgfand .deliver, for and on Its behalf as
. ~ur~ and as its. . act. and ~~Sl:--..an~'-aricFaIF...unaertakl~ff>.J~~;'..r.e~o~in1i(i~s ~.~ther. stlrii.\Y, obf'l>>ti9.ns-.i.n t~e penal sum not exceedirlg
. TWENTY~FIVE.MllllON~.:O:OI-1QO-~:~~,~:,.::.. :' .":':.'ooUAflS':($.:-~2S:000AO~OOJ.'...':"".~~. . .. leach. on behalf of
.. APAc-<).E~GIA.;..INC;. ANDIOR ~~.~:INC..~;.:.~~.+;;;;-.;.;f.';";".'"<;:';"i;,.:'';;;i:!;'~:.:'~.~.;.;:;:~;~~;;.;.:::.;.~;~,~;;.~~:;.-.;..,:;,.":..";.:;.;;~~.;..;.;.. .M.....;..........:._..................:.._.. .
,and the .e~eCutlo;,. oLsuch tinderta1<i6QktiOri:ds,:-recciQniZ3~~:aQdott1er..~.llf~tY::Q"lIIg~190~di'J:p.lJ.f;S~~ol :tfi~~epf.~~1:1iS}:shall be as bind.ing upon the
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..-;"rry offl~~.or.6th9.r omC[ai pI ttui~nY~a~lt1driz~jor!fi~f~:ulJio~e...iJiwriljng)yJlie~billrT11a6~r.:I!jep.resf~:nt;!ind siJbj~ to.such limitations as CI)
.the .cnalmian of" the-presi.deiil may.pcEisciitie. ~9haJl-appolnt:sUe.h .'attomeys-i",:fBci.:~ :rri.ay'b.s: )'leCElSSa1')i. te"act. irbehalf of the company to make. . .!
. exeCuta, seaL ~eknowiedge ,ElrlEfdelivar-as.:stir8tY .ijtiiuidaJ(iiOdel1ski1'iQs,. b.ohl:lsi.r.~ni~ncesar,.~:otliersurety.obllgatiOi:i9. . Such attomey~-in- CI) ,
J.act, subjec(t6:1hi!llmltaticif15.c sefforth.)n_ t~I(.~P!l:C~I/~:~wer.if of:atl9~Y.;..s~IIh8.Ve::~fullpowW.Joblr;li:t .the com~by their signature. and :s .
eXE!Cuti9n 0" anysuch IM~rUments m.id.tb.'~~:ih~r9to)h.tj.~seiaj...ot:~.~pany;. 'N.J1-eri.sh .e~e:ciJtlK1::suth iii~ruments .shall be as binding as if .~ j
.. ~g;,:ed;bY Ilia p~i~.a"! .a~d ~~~~t~:~~.~~~r~~1.J:~:- .::~.C:. -..':::...:.::-:;:_::>>< .:;:<<:::..... .:::;' ..... ... ...... .. .. :;
. By the 'fol.lci"VIng'I.~m.e.l1t )~:i:~~IrrT)8i:t~rth~.:pr~~~(bas.8I.ithOrlz.ea t.h~:office.t 9~9!hElr .oflIC!.8l:!1am"f3d: ituirein to: appoint attorneys-in-fact :; g
. .. PUr9u~t;/~~i~:xVf, :Wi~Ai~f1h~:~:I~~;;.$l11o~i..d:Mtii~,:1~:..jffi6rar:~~ ~'rtY:~Ut,~~i~~~~~C6~p.~y;: i&hereby Buthonzed 10 appolnl .~t;
. suchattomeys-in-fact as .~. be neCeSslW.toaCI.ihJ~hal:h;t:tt,.a :cofilpciriy .1& .make; :ex~cUt~.:siml;:'aeId1owledg6and deirver- as surety any and all ~ UJ
lihC!ertaJdrigs,~bOnqs, r9C0Qri~s.~fld Oth.~:~.;ii~iy.Citiijg~tlf;iiisFf.\II.~~ers:o(AtiOiril~~.:~~ested)~.or.exeCuied !ly Jlmoihy C, Mulloy in his .capacliy .. E
apl!. ano~er. or officlal.~f Liber:!Y ~lJtuj1llmluranA-'~ qo~~;.:w.~et.~eLPf?Ie,:'O!1:c;i-aJter..ttle.da~. ~tI:1isAutho~z~tion, including wlt~ut IImilatlon .~.~
. eWers ",Attomey atte.Ste<f.toor:exeCtrietr~. ssl5!~!.~Crefafyc:if~~~!,y.MLitiJal0sUranc.e:Co:mpany,are.herebyra.tified and approved. . . . .... CO)
~Sl.T~r~he BY~I~w0.d:~9-Autlro~t~n~~ro~F~~~~<~~.~:~.:t~~~!.~n~:::~f~~/n_f;~~~.~6.~~:~~~'~?'":'~ ...::.: ;..::....-.:..: . u .. ...... ... .li
.:j~~~~f:~~~~'~~~f~i1~j~~f;~~N~~~0~~ti::::~ ~2;~b~ i~.
E~- .., '. '. . '.. ..... ........< ....>.,:.~X-jtl~~~4~1~~~ ~l
. II) _COMMONWEALTH OF PENNSYlVANIA.. ss... .. : .' ... u.~:. .'..... - .,:,. .. ..... . .. ... (ii.-II)
'l::"'.r~ M():;=~E~Y- .' ~.~..-.i-i' >:- .iii;i..~oi~.~.;.~~~.~~b~/i;;.,~~;.i;i~T,;;,th~ '0 ",110,1. iri. knp.o. aod.~~'
..~.:5iac:knoWl9diled .that ~ :I.s .an .9.fft~(Wijf. ~oarty:M~~...I.t:\sJJ.rciriC6~p.~YJ::~~fje.~rio.NsOtfl9.::~~~9t:s:ii~..~~iiq~;~B.r)lr!bafheexecUted\he above Power of .E ~
t: Atlomeyana afflXildfhe _corPorate.'~afof.J:.!oorty.:.Mi:f!iiaI.lhsui.al3ce~C.()IiipaIly.)~r~tQ:will; t\iii.aiJf!:iority.eif;itfEit-:U)e)ftfeclfon:6(:silld:corporalton, ...... .:;: (l')
I'~~~ ~~~~.~~~"Ij
. . ,. . ......7-'.. .:.. .:... .- I/ly-.c:miri,;=;i-bi!i",~',li :<8.-<:00.$::'<' u... '.':..7: ~~. .public' ".', .
. .CE~"FlCATE '.~N~~\>-~!~::~:'::::..':_='. .M~~.: 1:~~~~~~~~~?}~r.~/t:~~,~T~_:.~~: .'~:.:~:~}::.}> :t~~;:::\::~::.:~:.:<.:...::;.:..:'~.:.~~.:.:: - . . . .
I. lh~ l!.ndelSigr189: i\ssis .. .' ..: :~utualli;,~n~_eon;~, :~'fu,~;~6Y .~rti& that-tt1~ ~~~~1. Po"';e~~6f.i:iih,.~eY.~-whlctt the- foregoing Is a lull, true and correct
. copy; Is in fun foicil ani:!. e~ect on. ... Of thiS.. ci:irtinc:a1e: and fdo.fui'ther.ce-rtIty tliBdheOJilcer or tiflicial Y{no:iiiBCutoc.ih"e saidP9wer.of. Eittorney was one 01 the omcsrs or officials
. .S~cfel~ ilU1l10~.i1 bYilie.Chal!~.~.cir~ .p~~.~~'I~'aP~n~.~:~~~~~ct:~:.~t.~~~;:HY~I~:~VJ:~ct7~~5'~1:1~.~~fj:~fs.~-f~ib'eriy:~~Ual:I/)Sur~e 90~ny... ...
:.!his cer1ifl~eand-lt1e:ilbovepoWer of .~~ 1'I)8Y be.SJQneif9YfB9Siinn~();'irieeharii~::r~u~.s~t~reS.4ri~r.anil"by.:authoriiY: 9t llie lollo~lns:v(j"t~ of the .board of
:.. .di~rs.O!;::::~~:f:::;:::liZ~t~~~~:C:~~:~UliL:t~:~1tt~tt~.g:~rLr~.~~g ~~.~.:i~.::py many. ~er.of..
1.-,: . atlomey i88~ ~y ~ :~.II'I cc?r:v10cti0nwitll stire:ty :bQiKi$;.Sljal[be';e:~diiM.biiidiiig:\IPo~:iiie:~o-njP!inyWiUi.:t!i.8'sariiEI.!oreeahd effoot as lJlOugh~u811y afflxed, - :
. INniSl1M;NY.WHE;REOFI..;~~E;~~U~0~~:I~.~-~:~~~~(~~~~~~9.~~~~~:~?ri;~n~/t~~_.:;~.:i2th .~ay~.~~~~~r..- - . ?OOZ . .
. . .... .'. '.'~:::'::~::;~##4:'- .
.... '. ,.. . :.: ...:~::,~... :.. --:. - :.::.>:.~ ..:~.::,~C:~~.i.:;'=.';~:;:~~:,;i;X.::;'-~.~Ot S9Cfe~fY
NOV-22-2002
01:49
ARC PURCHASING
P.02/02
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we the undersigned
as Principal and
as Surety, are hereby held and firmly
bound unto the Augusta-Richmond County Commission, Georgia, as OWNER in the penal sum of
for the payment of which, well and truly made,
we hereby jointly and severally bind ourselves, successors and assigns.
Signed, this
day of
,20
The condition of the above obligation is such that whereas the Principal has submitted to the
Augusta-Richmond County Commission a certain bid, attached hereto and hereby made a part
hereof to enter into a contract in writing for the Augusta Canal Multi-Use Trail Phase II and III.
NOW, THEREFORE,
(a) If said Bid shall be rejected or in the alternate,
(b) If said bid shall be accepted and the principal shall execute and deliver a contract in the
Form of Contract attached hereto (properly completed in accordance with said bid) and
shall furnish a bond for his faithful performance of said contract and for the payment
of all persons performing labor or furnishing materials in connection therewith and
shall in all other respects perform the agreement created by the acceptance of said bid.
then this obligation shall be void, otherwise the same shall remain in force and effect; it being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,
in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its
bond shall be in no way impaired or affected by any extension of time within which the Owner may
accept such Bid; and said Surety does hereby waive notice of any such extension.
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IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals
and such of them as are corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the date and year first set forth above.
(L. S.)
Principal
Surety
By:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where the
project is located.
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AGREEMENT
3
day of ~, 200t, by and between the
THIS AGREEMENT, made this ,;{/
Augusta-Richmond County Commission, hereinafter called "OWNER" and APAC-Geor~ia. Inc.
doing business as (8fl individual) or (8 partBerskip) or (a corporation) hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements as hereinafter
mentioned:
1. The Contractor will commence and complete construction for Augusta Canal Multi-Use Trail
Phase II and III.
2. The Contractor will furnish all material, supplies, tools, equipment, labor and other services
necessary for the construction and completion of the project described herein.
3. The Contractor will commence the work required by the Contract Documents within ten (10)
calendar days after the date of the Notice to Proceed and will complete same within 270
calendar days unless the period of completion is extended otherwise by the Contract
Documents.
4. The Contractor agrees to perform all the work described in the Contract Documents for the
base bid sum of Seven hundred two thousand eight hundred forty-three and 50/100 Dollars
($702.843.50), and Add Alternate 2 sum of Eighty seven thousand nine hundred ei~t-five and
40/100Dollars ($87.985.40).
5. The term "Contract Documents" means and includes the following:
(a) Invitation for Bids
(b) Information for Bidders
(c) Federal-Aid Contractual Requirements
(d) Proposal
(e) Bid Bond
(f) Agreement
(g) Performance Bond
(h) Payment Bond
(i) General Conditions
(j) Supplemental Conditions
(k) Drawings Prepared by Owner
(1) Addenda: No. ....,Ldated November 4. 2002.
6. The Owner will pay to the Contractor in the manner and at such times as set forth in the General
Conditions such amounts as required by the Contract Documents.
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7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their
duly authorized officials, this Agreement in-L (number of copies) each of which shall be deemed an
original on the date fIrst above written.
OWNER:
~ ':' ~
. ., ''1;
TITLE:
(SEAL) ~-
1\ - ......,
'-\J -:2;]. ,,~~";r- ,
~. I ~].:G.~., ,;,,"-', . .f':'
~.~..f ..';-:;.r.
....~~:::~
~.~-t;:~
NAME
TITLE
CONTRACTOR: APAC-Georgia, Inc.
'\
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BY:
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p.
......:.".,"'\.\I;
.....~~ ~';~"..
f f~:- /. '1' ~
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ATTESTJ\e~~:
NAME K-liren BIelA
(TypWPrmt)
. ,
(SEAL)
NAME:
ADDRESS: P.O. ~ JIJ...q
~U5U, gA a?qa;3
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS; that
AVA&6t:O("3',a ,lnc .
(N ame of Contractor)
1',0, ~o-t. ((2<1, AU3u6+'t, 6.'t... '36qCl~
(Address of Contractor)
a
Cor-pora.. f16n
, hereinafter called Principal,
and L',b~ Hutu~ lreuran.Le.. (bmp4n,
(Name of Surety)
Bosmn, M ct ?sAchueetts
(Address of Surety)
hereinafter called Surety, are held and fIrmly bound unto the Augusta-Richmond County Commission,
Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER, in the penal sum of
'5eIter ~,..d164:l ~U\e.~1\,cu~&~~~~dre4 dollars ($ 'l'10,~Z.$l.90 ) in lawful money of
the Un1te'cr5 te~-1'O; 1h~ pay~ent of which sum well and truly to be made, we bind ourselves,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into
a certain contract with the OWNER, dated day of , 20~, a copy
of which is hereto attached and made a part hereof for the construction of Augusta Canal Multi-Use
Trail Phase II and III.
NOW, THEREFORE, ifthe Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said contract during the original term
thereof and any extensions thereof which may be granted by the OWNER, with or without notice to
the Surety and during the one year guaranty period and if he shall satisfy all claims and demands
incurred under such contract and shall fully indemnify and save harmless the OWNER from all costs
and damages which it may suffer by reason of failure to do so and shall reimburse and repay the
Owner all outlay and expense which the OWNER may incur in making good any default, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to work to be
performed thereunder or the specifications accompanying the same shall be in any way affect its
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obligation on this bond and it does hereby waive notice of any such change extension of time,
alteration or addition to the terms of the contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in -L-number) of counterparts, each
of which shall be deemed an original this day of , 20
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Address
ATTEST
&O-lL -,( 13':1~
(Principal) Secretary .
APk>~~!i:v In(/o
rinc 1 I
By
.. (s)
.; '-
(SEAL)
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P. D. EJOx. J ~q -~/;-;~
(A~SS~~ gAl; 3
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Address
A..l5~5-tn , 6~ 3o~D \
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute
bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular
570 as amended) and authorized to transact business in the state where the project is located.
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
A'PAC- 6eo(",:f"[, (nc..
(Name of Contractor)
17.0 .y>{) 't fIL~, Au3Lt~tql 614,. 30,03
(Address of Contractor)
a
[()(pccaf1on
(Corporation, Partnership or Individual)
hereinafter called Principal
and~~ t--lL{~a..1 InSU,l(~ {brr\ft{n~
(Name of Surety)
~osn", I M4 S sa d1LlSe+tS
(Address of Surety)
hereinafter called Surety, are held and fIrmly bound unto the Augusta-Richmond County Commission,
Municipal Building, Augusta, Georgia 30911, called Owner in the penal sum of ~"ert t+u,.,"",..~ N.Lt"eo(y
""lhOIA~tA"""J ~L~h+ bla.,A(~ Twe.n~ ~h+- C4-1.o)le~dollars ($ -,C;O. ~ 1.8.40 ) in lawful
money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, successors, assigns, jointly and severally, firmly by these presents.
The Condition of this obligation is such that whereas the Principal entered into a certain contract with
the Owner dated the day of , 20 () -; , a copy of which is hereto
attached and made a part hereof for the construction of:
Augusta Canal Multi-Use Trail Phase II and III
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, fIrms, contractors
and corporations furnishing material for or performing labor in the prosecution of the work provided
for in such contract and any authorized extension or modification thereof, including all amounts due
for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools,
consumed or used in connection with the construction of such work and all insurance premiums on
said work and for all labor performed in such work whether by subcontractor or otherwise, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that the Surety for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to the work to be
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performed thereunder or the specifications accompanying the same shall in any way affect its
obligation on this bond and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the OWNER and the Contractor shall
abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in-1...(number of copies) counterparts, each
one of which shall be deemed an original, this the _day of , 20_
APAG-~I .Ir-cJ.
Ji nne I
By '. ~ Iff
J.D. ~ /1)11
Address
ATTEST
(s)
at<h ~ j!; 'f7;
Principal ecretary ...... .
~"
(SEAL)
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Address
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ss as to Surety
~2-2- ~"t "'blas ST,
Address
J\-u5U eM, 64..- 30'fD \
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute
bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular
570 as amended) and be authorized to transact business in the state where the project is located.
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. THIS POWEROF.ATTORNEY IS NOT< VAi:.lDUN.[I~S:~.~T:ISPRINtE[)ONREDBAtKGROUND.~
This Power of Attorney limits ttieai:ts of thosen~~ed tieteiti,. ahd the'y.h~ve. no authority to.b:lnd th~ ComPany except in the manner ind to the
extent herein stated. . . . . . '. .. . . .. . .. .
,-L1BERTY'MUTUAL INSURANCE COMPANY
'~: . . '.BOSTON,MASSACHUSETTS
. " ,... POWeR OF. ATTORNEY .
. . .
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" -' , .' . . ."'
KNOW AlLPERSONSBY THE:SEP.RESENTS~
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Th~t.Uberty MlItuallnsurance)jprryp~ny (the~CQmpa~:y"'), ..'~:M.a'S$~~~v~el;~'mlltual ihiw,~~~ ~omp.~~y.(p~r~jj~.o(to.aridbY auih6rity of the By-law and . ...
Authorization'hereinafter set foriti;..:(jpes hereby ni(n:ie;:f:oilstitute.~n'd.apjiciihf,:cE;.9C2!=NE A~~flgNIC; A.l::l(;I~A;:~HpA9E~,:ROY SCARBOROUGH, JR., ALL
:~f..T.~.~.e;'.:-~.8~.~~e~:~~:.~!:~I;.~f.~~~?~Wj::;::::::.::i~:.::::..::~::::}:::::::~~:.~i:.;{::i;::::::.:j1:~:~~;::::::::?:;l;:.:i~:::::::::::::::::iji"}:~:.::::::::: ::: ::::-:::.::::::::::::::::::::::::::::::.:. :
; each individLially if there be more'jh::in:One namei:fjtstroe:a:hdiaWtuFattor"ney:in:facLtomake;'executs,:s.e:a1;: acknbwledge and deliver, lor and on its behalf as .
~~N'T~~F1V~~Mlttfo~ie~&~~8ZooMf.~~*~~~~;1~~#i~~*~*~~~~, ?~~~L~~Ss($~~i~:tac: ()trJ?g()*~~~f:;l~~~~i~~~pen~'.)~m goi e~c~e~;n~ ..
APAC-GEORGIA, INC. AND/OR APAC-CA~9L,i~~;jNC..i;..~.~;.;h4..;\;...:.;.;...;.....;:;..;:,;;;!;;;;;;::..;;....;/:;:;:::::..;;.;';.~,:~.;~~>~~;..;..:;.;:..;.,.:..:;:;:~:;~:;.;.~.:..:;..;:...:..,.~:::.:..~~....~.;~... 0 .
. and the execution, 01 stich ,undertaklngsi;lJOjlds, recognitan9~~~ndolher ~lif~ty:obligatiori.$;:in IJursUii,f1.ce bflhese. Rj:"e~rits; shall be as binding upon the
. Company,as ~. they had been duly :signe~~::~f:{hepresid~~1 and:a~~~~S~:~r:;~:~.~:.~fetary 9fi~~:g.~rfanY~i8::~R~!?;~~'.~:~f..e-n)ers6nF'.' . .. . .
That this pow~r isi'nade andexecute.dRursuanno:f;lnd:.hy:authontv 9fifi~l(jilow'ing By~lawanaAuthqrizaii6~:':.~. . ,.> .
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ARTICLE XVI ~ Execution .o/Contracts: Section,5: Su"retyBondsandUndertakings. . . , '" ' ,.., . . '
: Any offi<;er or other official :of:the.company: auttlOrized forthatpurposecinwriting by the chairman :O(thepresident; and subjectiosuch limitations as
: the chairman Orthe.ilrEisidentmay prescribe;~ shall appoint such attomeys~in-fact, asm~y b,e necessary to :aq1 in.behalf of the Gompany to make,
: execute; seal,acknov.'ledge:.and deliver as~uretyanyani:lall undertakings, b08ds,recognizclnces and other surety obligations., $uch attomeys.-in-
fact, subject tethe Iimitatiohssetfortli ih their respectiVe powers of attorney;. shall have 1(Jllpowerto bind lbe company by their: signature and
: executiono! any such: instrunients and to attaqh thllretcithe.s~al.ofthe ~onipany. When ~o.executed such jnstrl.lIilents shall be as bind(ng as if
,signedbyihe preside.ntaridattested bytheseGretcuy, .'. . . . .
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By thefollol'{ing instrument the. ch_airma~ orth~: presidenlhf;lsauthdrizedlhe officer or other official nai:iie:d jhereinto apppint attorneys:in-fact:
:' Pursu?nlto Arlicie XVI,:Section 5~ofthe By;l~wk, TimoihyC, Mulloy ;an official (it' Liberiyiv1utuallns~ranceCompany,is herebyauthorizedio'appoirit
.. such atlormiys"iri-factas(nay be necessary.to:acHn:behalfof theconipany to make, execute, seal, ackn()wJedge ~nd cjelive(as surety ilny and all
. undertakings, bonds, :recognizancesand othe(suretyobligatidns.AII Powers of Attorney attested to or..:e~et:uted .by Timothy C.f\IIullbycinhis capaCity
: as an officer or official of.Lib:erty Mutuallnsur1:!nce Company; whether before, on or afterthe date. of this. Authorization; . including without limitation
Powers of Attorney attested.lo or. ~xecuted~s ~~ssi~tf;lnt $ecretary of pperty Mutuallnsura,nce C9mpany,are~exebyratified and approved. .
That the By-law and the Authorization sei forth above ~re:ir.ue copies thereof and are noW ihfullforce and effeci.~; '.
INwi'tNEs8WHEREOF., this Power of Attomey has be'kn subscribed;byan :authorizedoffiter or official o'-the tcimpanyand ihe corporate seal of Liberty
Mutual Insurance Cornpanyhasbeenaffi)(ed !hereto:in. ~1~~~uthMe;eting'f'ennSYIVania.this 26th' day,of.. .., :September: .
.. ,..UBERTY MUTUAi..I~SURANCE COMPAN.Y.: ..,
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
. .
On this ,26th :.day of September .,: 2002 ,: ,..befQrerTie; a Notary Public; personally..c,ilrne Tir110thv C... Mulloy, tome known, and
acknowledged thalhe is all: o~~(of L!bertyMu~al}riSuranceS:~j:i~!i:Y;:.~!fi~:rye.:knows the:~~al:.of()ai(tco.r~Qr:a.ti.o.ii;~aM:!~at he exec;uted theabcive Power of
AttoiTley and affixE\dthe corporate:s~al. of Liberty},1Litl;Jallns.u~!i:r)~e::~Qnipahy:th.~~t.~ with ttle:~~th:ority ~,ri~)~}J:iE(direc;~iqii~~I:said corporatiof). . .., .. .
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IN TESTI.MONY WHE)?l!a~ I Eta~~,,~nto ~-U.6~cribed ~f:ri~me and affixe(j:~Y~~~9tarial.{~~l:at Ply~.~~tti: Meeting, pennS~lvania, on the day and year first
abovewntten. /~~~~{~\:..::.~,.. .:>.'. -' 3::':',:." :':..[.~ .~<'.~:.. -d ::~.:.~'..," .
II/?/lr]>' >-a..\'l.P",'. ., ,:},;otanal",,"l ~,:,., ..-,:: .:~~ '..: ~.,..,.:'. .
1/ - 'if ""', . J -.r ....:.. .To(~:'V.c,StW'a.f':btwyPubt"C"'. .. '::~. ..~ . .....- -: . ~~ .. -....
;1 K (1;" ~:.,.::. ,"/., P.lymOll!kl.":~p',Mcn'>IC<J\e'l'Co<ril1,..,'" ...: '-:'.. ,. ' , '
)l ~ . .:: ".~ ".i:" 1\"'rCO~}S~u-{:X"ireS Mar 28 z.n0$....:: . : .... olary Ru5tic . _ ..:: ';'~"'~"''''.
CE T CA ,\~ ~1 ~fJ.?".1;~ :<ten' [<PI#\f'i;f.l\1~l:Ii"i\<.,!",CllOflllH.c.fM,y~ ......"..,. .c:........,' ,.;','. .
R IFI TE ." ~.....\"" (:-'''''. ,:::jl . .,' ..'...n".' .,,",: '....... ',,' -.. ','.,.,'..',..,' .
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I, the underSigned, Asslsta~~'ilt~rY~!~riY MutuallnSl,lran9~ Go~p~n;, dO\;~;~6y"certiiy thatth~ original power'of'aitom~y.oi ;:"hlch.th.e foregoing is a full, true and correct
copy, is in full force and effect orilhEfdiife'(;(this certificate: and I do further certify that the officer or official who executed the said power of al\omey was one of the ,?fficers or officials
specially authorized by the chairman or the presideni to appoint ~ttorneys-in-factas provided in Articl!) XVI, Section ~of the BY:law~.ofOlil)e~YMutuallnsurance::;.Corripa_ny.:
This certificate and the, above power of ~tt6rney may. be signed ~yfa9Simifeor mechanically reproducedsignaiu:res under and:by authority pl.the following v.cii~ of the.bqard of.
directors of Liberty Mutuallnsur~nceCompany.at allleetingoulyca,lled ~n~ held onthe.12thday~f March., 1980. .' . . . '. :..;' ..
. '. . . . - ... - - ". . . . '. .:.:.- '. .--', '.' '. -," ," . .":....
... -", -,- ": ":' ""- "-' '. ;", :. ..~ -',',"," .: < ';.'-,: .::",:', :,,--. <: .:. _:. -''''",,:''-''. <, '; ," -:"-",:..--,,:, -":, ,:". .... .:. ".-". . .:"; ";- ':;',- ';.":::"'., -' -..., ,',
. VOTED th<itlhe facsimile or:m~clianically repioijOce((:signatureot;anyas~is.tant secretarY of ihecqrTlpar1Y,:where~er:app!,arlng up~n a ce~Ifi~(:r9-0py:ofany power of.: .:
. attorney issu6d bylhe companyi~:connectionwithslH~tybo:ncis, s~~1I be\l.aJid a~d blndl~g:upbnthe,cOmpany withth~e sai118.'orce andeff.8ct astli_ough ma~u~lIY.f1ffix~d.
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IN TESTIMONY WHEREOF, I have hereurit6'Subscri~dm~ n~nle,andaffi~edthecorp~rateSe~t6f th~:saidC:onipa~y:thi~:day 0(' c',~.
':(])/J;?.?/L .-
. ~e, ASSistant Secretary, '
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Title
Definitions
Preliminary Matters
Contract Documents, Intent, Amending and Refuse
Availability of Lands; Physical Conditions; Reference Points
Bonds and Insurance
Contractor's Responsibilities
Other Work
Owner's Responsibilities
Engineer's Status During Construction
Changes in the Work
Change of Contract Price
Change in Contract Time
Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work
Payments to Contract and Completion
Suspension of Work and Termination
Arbitration
Miscellaneous
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GENERAL CONDITlONS
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ARTICLE 1 - DEFINITIONS
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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:
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Addenda: Written or graphic instruments issued prior to the
opening of Bids which clarify, correct or change the bidding
documents or the Contract Documents.
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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.
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Application for Payment: The form accepted by ENGINEER
which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such
supporting documentation as is required by the Contract
Documents.
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Bid: The offer or proposal of the bidder submitted on the
prescribed form setting forth the prices of the work to be
performed.
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Bonds: Bid, performance and payment bonds and other
instruments of security.
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Chanf!e Order: A document recommended by ENGINEER,
which is signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or revision in the Work, or
an adjustment in the Contract Price or the Contract Time,
issued on or after the Effective Date of the Agreement.
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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 Specifications and the Drawings as the same
are more specifically identified in the Agreement, together
with all amendments, modifications and supplements issued
pursuant to paragraphs 3.4 and 3.5 on or after the Effective
Date of the Agreement.
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Contract Price: The monies 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).
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Contract Time: The number of days (computed as provided
in paragraph 17.2) or the date stated in the Agreement for
the completion of the Work.
CONTRACTOR: The person, firm or corporation with
whom OWNER has entered into the Agreement.
Defective: An adjective which when modifying the word
Work refers to Work that is unsatisfactory, faulty or
deficient, or does not conform to the Contract Documents,
or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the Contact
Documents, or has been damaged prior to ENGINEER's
recommendation of final payment (unless responsibility for
the protection thereof has been assumed by OWNER at
Substantial Completion in accordance with paragraph 14.8
or 14.10).
Drawings: The drawings which show the character and
scope of the Work to be performed and which have been
prepared or approved by ENGINEER and are referred to in
the Contract Documents.
Effective Date of the Af!reement: The date indicated in the
Agreement on which it becomes effective, but if no such
date is indicated it means the date on which the Agreement
is signed and delivered by the last of the two parties to sign
and deliver.
ENGINEER: The person, firm or corporation named as
such in the Agreement.
Field Order: A written order issued by ENGINEER which
orders minor changes in the Work in accordance with
paragraph 9.5 but which does not involve a change in the
Contract Price or the Contract Time.
General Requirements: Sections of Division 1 of the
Specifications.
Laws and Ref!ulations; Laws or Rezulations: Laws, rules,
regulations, ordinances, codes and/or orders.
Notice of Award: The written notice by OWNER to the
. apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein, within the time specified, OWNER will
sign and deliver the Agreement.
Notice to Proceed: A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the
date on which the Contract Time will commence to run and
on which CONTRACTOR shall start to perform
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CONTRACTOR's obligations under the Contract
Documents.
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OWNER: The public body or authority, corporation,
association, firm or person with whom CONTRACTOR has
entered into the Agreement and for whom the Work is to be
provided.
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Partial Utilization: Placing a portion of the Work in service
for the purpose for which it is intended (or a related purpose)
before reaching Substantial Completion for all the Work.
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Proiect: 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.
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Resident Proiect Reoresentative: The authorized
representative of ENGINEER who is assigned to the site or
any part thereof. .
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Shoo Drawings: All drawings, diagrams, illustrations,
schedules and other data which are specifically prepared by
or for CONTRACTOR to illustrate some portion of the
Work and all illustrations, brochures, standard schedules,
performance charts, instructions, diagrams and other
information prepared by a Supplier and submitted by
CONTRACTOR to illustrate material or equipment for
some portion of the Work.
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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.
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Subcontractor: An individual, firm or corporation having a
direct contract with CONTRACTOR or with any other
Subcontractor for the performance of a part of the Work at
the site.
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Substantial Comoletion: The Work (or a specified part
thereof) has progressed to the point where, in the opinion of
ENGINEER as evidenced by ENGINEER's definitive
certificate of Substantial Completion, it is sufficiently
complete, in accordance with the Contract Documents, so
that the Work (or specified part) can be utilized for the
purposes for which it is intended; or if there be no such
certificate issued, when final payment is due in accordance
with paragraph 14.13. The terms "substantially complete"
and "substantially completed" as applied to any Work refer
to Substantial Completion thereof.
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Suoolementary Conditions: The part of the Contract
Documents which amends or supplements these General
Conditions.
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Suoolier: 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 encasements containing
such facilities which have been installed underground to
furnish any of the following services or materials;
electricity, gases, steam, liquid petroleum products,
telephone or other communications, cable television, sewage
and drainage removal, traffic or other control systems or
water.
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,
all as required by the Contract Documents.
Work Directive Chanf!.e: A written device to
CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by
ENGINEER, ordering an addition, deletion or revision in the
Work, or responding to differing 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 paragraph 10.2.
Written Amendment: A written amendment of the Contract
Documents, signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally
dealing with the nonengineering or nontechnical rather than
strictly Work-related aspects of the Contract Documents.
ARTICLE 2 - PRELIMINARY PLANS
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 paragraph 5.1.
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Copies of Documents:
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2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request, at the cost of reproduction.
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Commencement of Contract Time; Notice to Proceed:
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2.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement, or, if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thirty days after the Effective Date of the
Agreement. In no event will the Contract Time commence
to run later than the seventy-fifth day after the day of the Bid
opening or the thirtieth day after the Effective Date of the
Agreement, whichever date is earlier.
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Starting the Project:
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2.4. CONTRACTOR shall start to perform the Work on
the date when the Contract Time commences to run, but no
Work shall be done at the site prior to the date on which the
Contract Time commences to run.
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Before Starting Construction:
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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
ENGfNEER any conflict, error or discrepancy which
CONTRACTOR may discover and shall obtain a written
interpretation or clarification from ENGINEER before
proceeding with any Work affected thereby; however,
CONTRACTOR shall not be liable to OWNER or
ENGfNEER for failure to report any conflict, error or
discrepancy in the Contract Documents, unless
CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
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2.6. Within ten days after the Effective
Agreement (unless otherwise specified in
Requirements), CONTRACTOR shall
ENGINEER for review:
Date of the
the General
subm it to
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2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages
of the work.
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2.6.2. a preliminary schedule of Shop Drawing
submissions; and
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.2.6.3. a preliminary schedule of values for all the
Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in
sufficient detail to serve as the basis for progress
payments during construction. Such prices will
include an appropriate amount of overhead ad profit
applicable to each item of Work which will be
confirmed in writing by CONTRACTOR at the time
of submission.
2.7. Before any Work at the site is started,
CONTRACTOR shall deliver to OWNER, with a copy to
ENGINEER, certificates (and other evidence of insurance
requested by OWNER) which CONTRACTOR is required
to purchase and maintain in accordance with paragraphs 5.3
and 5.4 and ONWER shall deliver to CONTRACTOR
certificates (and other evidence of insurance requested by
CONTRACTOR) which OWNER is required to purchase
and maintain in accordance with paragraphs 5.6 and 5.7.
Preconstruct/on Conference:
2.8. Within twenty days after the Effective Date of the
Agreement, but before CONTRACTOR starts the Work at
the site, a conference attended by CONTRACTOR,
ENGINEER and others as appropriate will be held to
discuss the schedules referred to in paragraph 2.6, to discuss
procedures for handling Shop Drawings and other submittals
and for processing Applications for Payment, and to
establish a working understanding among the parties as to
the Work.
Finalizing Schedules:
2.9. At least ten days before submission of the first
Application of Payment a conference attended by
CONTRACTOR, ENGINEER and others as appropriate will
be held to finalize schedules submitted in accordance with
paragraph 2.6. The finalized progress schedule will be
acceptable to ENGINEER as providing an orderly
progression of the Work to completion within the Contract
Time, but such acceptance will neither impose on
ENGINEER responsibility for the progress or scheduling of
the Work nor relieve CONTRACTOR from full
responsibility therefor. The finalized schedule of Shop
Drawing submissions will be acceptable to ENGINEER as
providing a workable arrangement for processing the
submissions. The finalized schedule of values will be
acceptable to ENGINEER as to form and substance.
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ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
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 place of the Project.
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3.2. It is the intent of the Contract Document 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 as being required to
produce the intended result will be supplied whether or not
specifically called for. When words which have a well-
known technical or trade meaning are used to describe
Work, materials or equipment such words shall be
interpreted in accordance with that meaning. Reference to
standard specifications, manuals or codes of any technical
society, organization or association, or to the Laws or
Regulations of any governmental authority, whether such
reference be specific or by implication, shall mean the latest
standard specification, manual, code or Laws or Regulations
in effect at the time of opening of Bids (or, on the Effective
Date of the Agreement if there were no Bids), except as may
be otherwise specifically stated. However, no provision of
any referenced standard specification, manual or code
(whether or not specifically incorporated by reference in the
Contract Documents) shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER, or any of their consultants, agents or
employees from those set forth in the Contract Documents,
nor shall it be effective to assign to ENGINEER, or any of
the ENGINEER's consultants, agents or employees, any
duty or authority to supervise or direct the furnishing or
perfonnance of the Work or any duty or authority to
undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16. Clarifications and interpretations of
the Contract Documents shall be issued by EGlNEER as
provided in paragraph 9.4.
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3.3. If, during the perfonnance of the Work,
CONTRACTOR finds a conflict, error or discrepancy in the
Contract Documents, CONTRACTOR shall so report to
ENGINEER in writing at once and before proceeding with
the Work affected thereby shall obtain a written
interpretation or clarification from ENGINEER; however,
CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any conflict, error or
discrepancy in the Contract Documents unless
CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
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Amending and Supplementing Contract Documents:
3.4. The Contract Documents may be amended to provide
for additions, deletions and revisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways:
3.4.1. a formal Written Amendment,
3.4.2. a Change Order (pursuant to paragraph
10.4), or
3.4.3. a Work Directive Change (pursuant to
paragraph 10.1).
As indicated in paragraphs 11.2 and 12.1, Contract Price and
Contract Time many only be changed by a Change Order or
a Written Amendment.
3.5. 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:
3.5.1. a Field Order (pursuant to paragraph 9.5),
3.5.2. ENGINEER's approval of a Shop Drawing
or sample (pursuant to paragraphs 6.26 and 6.27) or
3.5.3. ENGINEER's written interpretation or
clarification (pursuant to paragraph 9.4).
Reuse of Documents:
3.6. 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 of any thereof) prepared by or
bearing the seal of ENGINEER; and they shall not reuse any
of them on extensions of the Project or any other project
without written consent of OWNER and ENGINEER and
specific written verification or adaptation by ENGINEER.
ARTICLE 4 A V AILABILJTY OF LANDS;
PHYSICAL CONDITIONS: REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish, as indicted in the Contract
Documents, the lands upon which the Work is to be
perfonned, rights-of-way and easements for access thereto,
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and such other lands which are designated for the use of
CONTRACTOR. Easements for permanent structures or
permanent changes in existing facilities will be obtained and
paid for by OWNER, unless otherwise provided in the
Contract Documents. If CONTRACTOR believes that any
delay in OWNER's furnishing these lands, rights-of-way or
easements entitles CONTRACTOR to an extension of the
Contract Time, CONTRACTOR may make a claim therefor
as provided in Article 12. CONTRACTOR shall provide for
all additional lands and access thereto that may be required
for temporary construction facilities or storage of materials
and equipment.
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Physical Conditions:
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4.2.1. Explorations and Reports: Reference is
made to the Supplementary Conditions for
identification of those reports of explorations and
tests of subsurface conditions at the site that have
been utilized by ENGINEER in preparation of the
Contract Documents. CONTRACTOR may rely
upon the accuracy of the technical data contained in
such reports, but not upon nontechnical data,
interpretations or opinions contained therein or for
the completeness thereof for CONTRACTOR's
purposes. Except as indicated in the immediately
preceding sentence and in paragraph 4.2.6,
CONTRACTOR shall have full responsibility with
respect to subsurface conditions at the site.
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4.2.2. Existing Structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to
existing surface and subsurface structures (except
Underground Facilities referred to in paragraph 4.3)
which are at or contiguous to the site that have been
utilized by ENGINEER in preparation of the
Contract Documents. CONTRACTOR may rely
upon the accuracy of the technical data contained in
such drawings, but not for the completeness thereof
for CONTRACTOR's purposes. Except as indicated
in the immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have full
responsibility with respect to physical conditions in
or relating to such structures.
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4.2.3. Report of Differing Conditions: If
CONTRACTOR believes that:
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4.2.3.1. any technical data on which
CONTRACTOR is entitled to rely as provided In
paragraphs 4.2.1 and 4.2.2 is inaccurate, or
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4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that
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indicated, reflected or referred to In the Contract
Documents,
CONTRACTOR shall promptly after becoming
aware thereof and before performing any Work in
connection therewith (except in an emergency as permitted
by paragraph 6.22), notify OWNER and ENGINEER in
writing about the inaccuracy or difference.
4.2.4. ENGINEER's Review: ENGINEER will
promptly review the pertinent conditions, determine
the necessity of obtaining additional explorations or
tests with respect thereto and advise OWNER in
writing (with a copy to CONTRACTOR) of
ENGINEER's findings and conclusions.
4.2.5. Possible Document Change: If ENGINEER
concludes that there is a material error in the
Contract Documents or that because of newly
discovered conditions a change in the Contract
Documents is required, a Work Directive Change or
a Change Order will be issued as provided in Article
10 to reflect and document the consequences of the
inaccuracy or difference.
4.2.6. Possible Price and Time Adjustments: In
each such case, an increase or decrease in the
Contract Price or an extension or shortening of the
Contract Time, or any combination thereof, will be
allowable to the extent that they are attributable to
any such inaccuracy or difference. If OWNER and
CONTRACTOR are unable to agree as to the
amount or length thereof, a claim may be made
therefor as provided in Articles 11 and 12.
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 ENGINEER by the
owners of such Underground Facilities or by others.
Unless it is otherwise expressly provided in the
Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and,
4.3.1.2. CONTRACTOR shall have full
responsibility for reviewing and checking all such
inforamtion 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
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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.
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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 reasonable have been expected to be aware
of, CONTRACTOR shall, promptly after becoming
aware thereof and before performing any Work
affected thereby (except in an emergency as
permitted by paragraph 6.22), identify the owner of
such Underground Facility and give written notice
thereof to that owner and to OWNER and
ENGINEER. ENGINEER will promptly review the
Underground Facility to determine the extent to
which the Contract Documents should be modified
to reflect and document the consequences of the
existence of the Underground Facility, and the
Contract Documents will be amended or
supplemented to the extent necessary. During such
time, CONTRACTOR shall be responsible for the
safety and protection of such Underground Facility
as provided in paragraph 6.20. CONTRACTOR
shall be allowed an increase in the Contract Price or
an extension of the Contract Time, or both, to the
extent that they are attributable to the existence of
any Underground Facility that was not shown or
indicated in the Contract Documents and which
CONTRACTOR could not reasonably have been
expected to be aware of. If the parties are unable to
agree as to the amount or length thereof,
CONTRACTOR may make a claim therefor as
provided in Articles I 1 and 12.
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Reference Points:
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4.4. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work. CONTRACTOR
shall be responsible for laying out the Work (unless otherwise
specified in the General Requirements), shall protect and
preserve the established reference points and shall make no
changes or relocations without the prior written approval of
the OWNER. CONTRACTOR shall report to ENGINEER
whenever any reference point is lost or destroyed or requires
relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points by
professionally qualified personnel.
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ARTICLE 5 - BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and
payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect at
least until one year after the date when final payment
becomes due, except as otherwise provided by Law or
Regulations or by the Contract Documents. CONTRACTOR
shall also furnish such other Bonds as are required by the
Supplementary Conditions. All Bonds shall be in the forms
prescribed by Law or Regulation or by the Contract
Documents and be executed by such sureties as are named in
the current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular
570 (amended) by the Audit Staff Bureau of Accounts, U.S.
Treasury Department. All Bonds signed by an agent must be
accompanied by a certified copy of the authority to act.
5.2. If the surety on any Bond furnished by
CONTRACTOR is declared bankrupt or becomes insolvent
or its right to do business is terminated in any state when any
part of the Project is located or it ceases to meet the
requirements of paragraph 5.1, CONTRACTOR shall within
five days thereafter substitute another Bond and Surety, both
of which must be acceptable to OWNER.
Contractor's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's
performance and furnishing of the Work and
CONTRACTOR's other obligations under the Contract
Documents, whether it is to be performed or furnished by
CONTRACTOR, by any Subcontractor, by anyone directly
or indirectly employed by any of them to perform or furnish
any of the Work, or by anyone for whose acts any of them
may be liable:
5.3.1. Claims under worker's 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
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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 coverage's and be written for not less than the limits
of liability and coverage's provided in the Supplementary
Conditions, or required by law, whichever is greater. The
comprehensive general liability insurance shall include
completed operations insurance. All of the policies of
insurance so required to be purchased and maintained (or the
certificates or other evidence thereof) shall contain a
provision or endorsement that the coverage afforded will not
be cancelled, materially changed or renewal refused until at
least thirty days' prior written notice has been given to
OWNER and ENGINEER by certified mail. All such
insurance shall remain in effect until final payment and at all
times thereafter when CONTRACTOR may be correcting,
removing or replacing defective Work in accordance with
paragraph 13.12. In addition, CONTRACTOR shall maintain
such completed operations insurance for at least two years
after final payment and furnish OWNER with evidence of
continuation of such insurance at final payment and one year
thereafter.
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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 paragraph
6.30 and 6.31.
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Owner's Liability Insurance:
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5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and, at
OWNER's option, may purchase and maintain such insurance
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as will protect OWNER against claims which may arise from
operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be
provided in the Supplementary Conditions or required by
Laws and Regulations). This insurance shall include the
interests of OWNER, CONTRACTOR, Subcontractors,
ENGINEER and ENGINEER's consultants in the Work, all
of whom shall be listed as insureds or additional insured
parties, shall insure against the perils of fire and extended
coverage and shall include "all risk" insurance for physical
loss and damage including theft, vandalism and malicious
mischief, collapse and water damage, and such other perils as
may be provided in the Supplementary Conditions, and shall
include damages, losses and expenses arising out of or
replacement of any insured property (including but not
limited to fees and charges of engineers, architects, attorneys
and other professionals). If not covered under the "all risk"
insurance or otherwise provided in the Supplementary
Conditions, CONTRACTOR shall purchase and maintain
similar property insurance on portions of the Work stored on
and off the site or in transit when such portions of the Work
are to be included in an Application for Payment.
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, ENGINEERS AND
ENGINEER's consultants in the Work, all of whom shall be
listed as insured or additional insured parties.
5.8. All the policies of insurance (or the certificates or
other evidence thereof) required to be purchased and
maintained by OWNER in accordance with paragraphs 5.6
and 5.7 will contain a provision or endorsement that the
coverage afforded will not be cancelled 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 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
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such amounts, each may purchase and maintain it at the
purchaser's own expense.
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5.10. If CONTRACTOR requests in wntmg 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.
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Waiver of Rights:
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5.11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by any
of the perils covered by the policies of insurance provided
in response to paragraphs 5.6 and 5.7 and any other
property insurance applicable to the Work, and also waive
all such rights against the Subcontractors, ENGINEER,
ENGINEER's consultants and all other parties named as
insureds in such policies for losses and damages so caused.
As required by paragraph 6.11, each subcontract between
CONTRACTOR and a Subcontractor will contain similar
waiver provisions by the Subcontractor in favor of
OWNER, CONTRACTOR, ENGINEER, ENGINEER's
consultants and all other parties named as insureds. None
of the above waivers shall extend to the rights that any of
the insured parties may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
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5.11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide primary
coverage for all losses and damages caused by the perils
covered thereby. Accordingly, all such policies shall
contain provisions to the effect that in the event of payment
of any loss or damage the insurer will have no rights of
recovery against any of the parties named as insureds or
additional insureds, and if the insurers require separate
waiver forms to be signed by ENGINEER or ENGINEER's
consultant OWNER shall obtain the same, and if such
waiver forms are required of any Subcontractor,
CONTRACTOR will obtain the same.
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Receipt and Application of Proceeds:
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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 interest may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph 5.13. ONWER 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
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no other special agreement is reached the damaged Work
shall be repaired or replaced, the monies so received applied
on account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made, OWNER as trustee shall make
settlement with the insurers in accordance with such
agreement as the parties in interest may reach. If required in
writing by any party in interest, OWNER as trustee shall,
upon the occurrence of an insured loss, give bond for the
proper performance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any object 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 0 the
basis of their not complying with the Contract Documents,
CONTRACTOR shall notify OWNER in writing thereof
within ten days of the date of delivery of such certificates to
CONTRACTOR in accordance with paragraph 2.7. OWNER
and CONTRACTOR shall each provide to the other such
additional information in respect of insurance provided by
each as the other may reasonably request. Failure by
OWNER or CONTRACTOR to give any such notice of
objection within the time provided shall constitute acceptance
of such insurance purchased by the other as complying with
the Contract Documents.
Partial Utilization - Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work, such use or occupancy may be
accomplished in accordance with paragraph 14.10; provided
that no such use or occupancy shall commence before the
insurers providing the property insurance have acknowledged
notice thereof and in writing effected the changes in coverage
necessitated thereby. The insurers providing the property
insurance shall consent by endorsement on the policy or
policies, but the property insurance shall not be cancelled or
lapse on account of any such partial use or occupancy.
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ARTICLE 6 - CONTRACTOR'S RESPONSmILITIES
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Supervision and Superintendence:
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6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto
and applying such skill s and expertise as may be necessary
to perfonn the Work in accordance with the Contract
Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible for
the negligence of others in the design or selection of a
specific means, method, technique, sequence or procedure of
construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
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6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent, who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of
CONTRACTOR. All communications given to the
superintendent shall be as binding as if given to
CONTRACTOR.
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Labor, Materials and Equipment:
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6.3. CONTRACTOR shall provide competent, suitably
qualified personnel to survey and layout the Work and
perfonn 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 perfonned
during regular working hours, and CONTRACTOR will not
penn it overtime work or the perfonnance of Work on
Saturday, Sunday or any legal holiday without OWNER's
written consent given after prior written notice to
ENGINEER.
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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 necessary for the furnishing, perfonnance, testing,
start-up and completion of the Work.
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6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract
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Documents. If required by ENGINEER, CONTRACTOR
shall furnish satisfactory evidence (including reports of
required tests) as to the kind and quality of materials an
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 ENGINEER, or any of ENGINEER's consultants,
agents or employees, any duty or authority to supervise or
direct the furnishing or perfonnance of the Work or any duty
or authority to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9.16.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to ENGINEER 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 confonn generally to
the progress schedule then in effect and additionally will
comply with any provisions of the General Requirements
applicable thereto.
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the
name of a proprietary items 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
pennitted, materials or equipment of other Suppliers may
be accepted by ENGINEER if sufficient information is
submitted by CONTRACTOR to allow ENGINEER to
detennine that the material or equipment proposed is
equivalent or equal to that named. The procedure for
review by ENGINEER will include the following as
supplemented in the General Requirements. Requests
for review of substitute items of material and equipment
will not be accepted by ENGINEER from anyone other
than CONTRACTOR. If CONTRACTOR wishes to
furnish or use a substitute items of material or
equipment, CONTRACTOR shall make written
application to ENGINEER for acceptance thereof,
certifying that the proposed substitute will perfonn
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 he
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
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for work on the Project ) to adapJ 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
ENGINEER in evaluating the proposed substitute.
ENGINEER may require CONTRACTOR to furnish at
CONTRACTOR's expense additional data about the
proposed substitute.
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6.7.2. If a specific means, methods, technique,
sequence or procedure of construction is indicated in or
required by the Contract Documents, CONTRACTOR
may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction
acceptable to ENGINEER, if CONTRACTOR submits
sufficient information to allow ENGINEER to determine
that the substitute proposed is equivalent to that indicated
or required by the Contract Documents. The procedure
for review by ENGINEER will be similar to that
provided in paragraph 6.71. as applied by ENGINEER
and as may be supplemented in the General
Requirements.
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6.7.3. ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute.
ENGINEER will be the sole judge of acceptability, and
no substitute will be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be
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. ENGINEER will record time required by
ENGINEER and ENGINEER's consultants in evaluating
substitutions proposed by CONTRACTOR and in
making changes in the Contract Documents occasioned
thereby. Whether or not ENGINEER accepts a proposed
substitute, CONTRACTOR shall reimburse OWNER for
the charges of ENGINEER and ENGINEER's
consultants for evaluating each proposed substitute.
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Concerning Subcontractors, Suppliers and Others:
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6.8.1. CONTRACTOR shall not employ any
Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and ENGINEER
as indicated in paragraph 6.8.2.), whether initially or as a
substitute, against whom OWNER or ENGINEER may
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have reasonable objection. CONTRACTOR shall not be
required to employ any Subcontractor, Supplier or other
person or organization to furnish or perform any of the
Work against whom CONTRACTOR has reasonable
objection.
6.8.2. If the Supplementary Conditions require the
identity of certain Subcontractors, Suppliers or other
persons or organizations (including those who are to
furnish the principal items of materials and equipment)
to be submitted to OWNER in advance of the specified
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER and if
CONTRACTOR has submitted a list thereof in
accordance with the Supplementary Conditions,
OWNER's and ENGINEER's acceptance (either in
writing or by failing to make written objection thereto by
the date indicated for acceptance or objection in the
bidding documents or the Contract Documents) of any
such Subcontractor, Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation, in which
case CONTRACTOR shall submit an acceptable
substitute, the Contract Price will be increased by the
difference in the cost occasioned by such substitution
and an appropriate Change Order will be issued or
Written Amendment signed. No acceptance by OWNER
or ENGINEER of any such Subcontractor, Supplier or
other person or organization shall constitute a waiver of
any right of OWNER or ENGINEER to reject defective
Work.
6.9. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the Work
under a direct or indirect contract with CONTRACTOR just
as CONTRACTOR is responsible for CONTRACTOR's
own acts an omissions. Nothing in the Contract Documents
shall create any contractual relationship between OWNER
or ENGINEER and any such Subcontractor, Supplier or
other person or organization, nor shall it create any
obligation on the part of OWNER or ENGINEER to payor
to see to the payment of any monies due any such
Subcontractor, Supplier or other person or organization
except as may otherwise be required by Laws and
Regulations.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a
Subcontractor will be pursuant to an appropriate agreement
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between CONTRACTOR and the Subcontractor which
specifically bids the Subcontractor to the applicable terms
and conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions as
required by paragraph 5.11. CONTRACTOR shall pay each
Subcontractor a just share of any insurance monies received
by CONTRACTOR on account of losses under policies
issued pursuant to paragraphs 5.6 and 5.7.
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Patent Fees and Royalties:
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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. If a
particular invention, design, process, product or device is
specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents.
CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and anyone directly or indirectly
employed by either of them from and against all claims,
damages, losses and expenses (including attorneys' fees and
court and arbitration costs) arising out of any infringement
of patent rights or copyrights incident to the use in the
performance of the Work or resulting from the incorporation
in the Work of any invention, design, process, product or
device not specified in the Contract documents, and shall
defend all such claims in connection with any alleged
infringement of such rights.
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Permits:
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6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such permits
and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of
the Work, which are applicable at the time of opening of
Bids, or if there are no Bids on the Effective Date of the
Agreement. CONTRACTOR shall pay all charges of utility
owners for connections to the Work, and OWNER shall pay
all charges of such utility owners for capital costs related
thereto such as plant investment fees.
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Laws and Regulations:
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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
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Regulations, neither OWNER nor ENGINEER shall be
responsible for monitoring CONTRACTOR's compliance
with any Laws or Regulations.
6.14.2. If CONTRACTOR observes that the
Specifications or Drawings are at variance with any Laws
or Regulations, CONTRACTOR shall give ENGINEER
prompt written notice thereof, and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations, and without such notice to
ENGINEER, CONTRACTOR shall bear all costs arising
therefrom; however, it shall not be CONTRACTOR's
primary responsibility to make certain that the
Specifications and Drawings are in accordance with such
Laws and Regulations.
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.
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, and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment. CONTRACTOR
shall assume full responsibility for any damage to any such
land or area, or to the 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 ENGINEER by any such owner or occupant
because of the performance of the Work, CONTRACTOR
shall promptly attempt to settle with such other party by
agreement or otherwise resolve the claim by arbitration or at
law. CONTRACTOR shall, to the fullest extent permitted by
Laws and Regulations, indemnify and hold OWNER and
ENGINEER harmless from and against all claims, damages,
losses and expenses (including, but not limited to, fees of
engineers, architects, attorneys and other professionals and
court and arbitration costs) arising directly, indirectly or
consequentially out of any action, legal or equitable, brought
by any such other party against OWNER or ENGINEER to
the extent based on a claim arising out of CONTRACTOR's
performance of the Work.
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6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remove
all waste materials, rubbish and debris from and about the
premises as well as all tools, appliances, construction
equipment and machinery, and surplus materials, and shall
leave the site clean and ready for occupancy by OWNER.
CONTRACTOR shall restore to original condition all
property not designated for alteration by the Contract
Documents.
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6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject any
part of the Work or adjacent property to stresses or pressures
that will endanger it.
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Record Documents:
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6.19. CONTRACTOR shall maintain in a safe place at the
site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Directive Changes, Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during
construction. These record documents together with all
approved samples and a counterpart of all approved Shop
Drawings will be available to ENGINEER for reference.
Upon completion of the Work, these record documents,
samples and Shop Drawings will be delivered to ENGINEER
for OWNER.
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Safety and Protection:
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6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all safety precautions and
programs in connection with the Work. CONTRACTOR
shall take all necessary precautions for the safety of, and shall
provide necessary protection to prevent damage, injury or
loss to:
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6.20.1. all employees on the Work and other persons
and organizations who may be affected thereby;
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6.20.2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the
site; and
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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.
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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 party, by CONTRACTOR, any Subcontractor,
Supplier or any other person or organization directly or
indirectly employed by any of them to perform or furnish any
of the Work or anyone for whose acts any of them may be
liable, shall be remedied by CONTRACTOR (except damage
or loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
anyone employed by either of them or anyone for whose acts
either of them may be liable, and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence of
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
ENGINEER 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
representative at the site whose duty shall be the prevention
of accidents. This person shall be CONTRACTOR's
superintendent unless otherwise designated in writing by
CONTRACTOR to OWNER.
Emergencies:
6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from ENGINEER or OWNER, is obligated to
act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken in response to an
emergency, a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements
and after complying with applicable procedures specified in
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the General Requirements, CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions (see
paragraph 2.9), or for other appropriate action if so indicated
in the Supplementary Conditions, five copies (unless
otherwise specified in the General Requirements) of all Shop
Drawings, which will bear a stamp or specific written
indication that CONTRACTOR has satisfied
CONTRACTOR's responsibilities under the Contract
Documents with respect to the review of the submission. All
submissions will be identified as ENGINEER may require.
The data shown on the Shop Drawings will be complete with
respect to quantities, dimensions, specified performance and
design criteria, materials and similar data to enable
ENGINEER to review the information as required.
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6.24. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause no
delay in Work, all samples required by the Contract
Documents. All samples will have been checked by an
accompanied by a specific written indication that
CONTRACTOR has satisfied CONTRACTOR's
responsibilities under the Contract Documents with respect to
the review of the submission and will be identified clearly as
the material, Supplier, pertinent data such as catalog numbers
and the use for which intended.
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6.25.1. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and
verified all quantities, dimensions, specified performance
criteria, installation requirements, materials, catalog
numbers and similar data with respect thereto and
reviewed or coordinated each Shop Drawing or sample
with other Shop Drawings and samples and with the
requirements of the Work and the Contract Qocuments.
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6.25.2. At the time of each submission,
CONTRACTOR shall give ENGINEER specific written
notice of each variation that the Shop Drawings or
samples may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific
notation to be made on each Shop Drawing submitted to
ENGINEER for review and approval of each such
variation.
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6.26. ENGINEER shall review and approve with
reasonable promptness Shop Drawings and samples, but
ENGINEER's review and approval will be only for
conformance with the design concept of the Project and for
compliance with the information given in the Contract
Documents and shall not extend to means, methods,
techniques, sequences or procedures of construction (except
where a specific means, method, technique, sequence or
procedure of construction is indicated in or required by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate item
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as such will not indicate approval of the assembly in which
the item functions. CONTRACTOR shall make corrections
required by ENGINEER, and shall return the required
number of correct copies of Shop Drawings and submit as
required new samples for review and approval.
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by ENGINEER
on previous submittals.
6.27. ENGINEER's review and approval of Shop
Drawings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.25.2 and
ENGINEER has given written approval of each such
variation by a specific written notation thereof incorporate in
or accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop
Drawings or from responsibility for having complied with the
provisions of paragraph 6.25.1.
6.28. Where a Shop Drawing or sample is required by the
Specifications, any related Work performed prior to
ENGINEER's review and approval of the pertinent
submission will be the sole expense and responsibility of
CONTRACTOR.
Continuing tlte Work:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed
pending resolution of any disputes or disagreements, except
as permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise agree in writing.
Indemnification:
6.30. To the fullest extent permitted by Laws and
Regulations CONTRACTOR shall indemnify and hold
harmless OWNER and ENGINEER and their consultants,
agents and employees form and against all claims, damages,
losses and expense, direct, indirect or consequential
(including but not limited to fees an charges of engineers,
architects, attorneys and other professionals and court and
arbitration costs) arising out of or resulting from the
performance of the Work, provided that any such claim,
damage, loss or expense (a) is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself) including the
loss of use resulting therefrom and (b) is caused in whole or
in part by any negligent act or omission of CONTRACTOR,
any Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any
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of the Work or anyone for whose acts any of them may be
liable, regardless of whether or not it is caused in part by a
party indemnified hereunder or arises by or is imposed by
Law and Regulations regardless of the negligence of any such
party .
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6.31. In any and all claims against OWNER or
ENGINEER 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 6.30 shall not be limited in any
way by any limitation on the amount or type of damages,
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
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6.32. The obligations of CONTRACTOR under paragraph
6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants, agents or employees arising out of
the preparation or approval of maps, drawings, opinions,
reports, surveys, Change Orders, designs or specifications.
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ARTICLE 7 - OTHER WORK
Related Work at Site:
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7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, have other work
performed by utility 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 II and 12.
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7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER, if ONWER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work, and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching of
the Work that may be required to make its several parts come
together properly and integrate with such other work.
CONTRACTOR shall not endanger an work of others by
cutting, excavating or otherwise altering their work and will
only cut or alter their work with the written consent of
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ENGINEER and the others whose work will be affected. The
duties and responsibilities of CONTRACTOR under this
paragraph are for the benefit of such utility owners and other
contractors to the extent that there are comparable provisions
for the benefit of CONTRACTOR in said direct contracts
between OWNER and such utility owners and other
contractors.
7.3. If any part of CONTRACTOR's Work depends for
property execution or results upon the work of any such other
contractor or utility owner (or OWNER), CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays, defects or deficiencies in such work that render it
unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for
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 ENGINEER
shall have any authority or responsibility in respect of such
coordination.
ARTICLE 8 - OWNER's RESPONSIBILITIES
8.1. OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer against
whom CONTRACTOR makes no reasonable objection,
whose status under the Contract Documents shall be that of
the former ENGINEER. Any dispute in connection with such
appointment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make
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
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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
ENGINEER in preparing the Drawings and Specifications.
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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.
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8.6. OWNER is obligated to execute Change Orders as
indicate din paragraph 10.4.
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8.7. OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in paragraph 13.4.
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8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs ] 3.10 and 15.1. Paragraph
] 5.2 deals with OWNER's right to terminate services of
CONTRACTOR under certain circumstances.
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ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representative:
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9.1. ENGINEER will be OWNER's representative during
the construction period. The duties and responsibilities and
the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the
Contract Documents and shall not be extended without
written consent of OWNER and ENGINEER.
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Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and quality of the executed Work and to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER will
not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work.
ENGINEER's efforts will be directed toward providing the
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, ENGINEER will keep
OWNER informed of the progress of the Work and will
endeavor to guard OWNER against defects and deficiencies
in the Work.
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Project Representation:
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9.3. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
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duties, responsibilities and limitations of authority of any
such Resident Project Representative and assistants will be as
provide din the Supplementary Conditions. If OWNER
designates another agent to represent OWNER at the site who
is not ENGINEER's agent or employee, the duties,
responsibilities and limitations of authority of such other
person will be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with or reasonably
inferable from the overall intent of the Contract Documents.
If CONTRACTOR believes that a written clarification or
interpretation justifies an increase in the Contract Price or an
extension of the Contract Time and the parties are unable to
agree to the amount or extent thereof, CONTRACTOR may
make a claim therefor as provided in Article II or Article 12.
Authorized Variations in Work:
9.5 ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price or
the Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER, and also on
Contractor who shall perform the Work involved promptly.
If CONTRACTOR believes that a Field Order justifies an
increase in the Contract Price or an extension of the Contract
Time and the parties are unable to agree as to the amount or
extent thereof, CONTRACTOR may make a claim therefor
as provided in Article]] or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER 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 ENGINEER's responsibilities for
Shop Drawings and samples, see paragraphs 6.23 through
6.29 inclusive.
9.8. In connection with ENGINEER's responsibilities as
to Change Orders, see Articles 10, ] I and 12.
9.9. In connection with ENGINEER's responsibilities in
respect of Application for Payment, etc., see Article ]4.
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Determination/or Unit Prices:
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9.10. ENGINEER will detennine the actual quantities and
classifications of Unit Price Work perfonned by
CONTRACTOR. ENGINEER will review with
CONTRACTOR ENGINEER's preliminary detenninations
on such matters before rendering a written decision thereon
(by recommendation of an Application for Payment or
otherwise). ENGINEER'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 ENGINEER written notice of
intention to appeal from such a decision.
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Decisiolls on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the perfonnance and furnishing of the Work and
claims under Articles II and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a fonnal decision in
accordance with this paragraph, which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim, dispute and other matter will be delivered by
the claimant to ENGINEER and other party to the Agreement
promptly (but in no event later than thirty days) after the
occurrence of the event giving rise thereto, and written
supporting data will be submitted to ENGINEER and the
other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim.
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9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation of decision
rendered in good faith in such capacity. The rendering of a
decision by ENGINEER pursuant to paragraphs 9.10 and
9.11 with respect to any such claim, dispute or other matter
(except any which have been waived by the making or
acceptance of final payment as provided in paragraph 14.16)
will be a condition precedent to any exercise by OWNER or
CONTRACTOR of such rights or remedies as either may
otherwise have under the Contract Documents or by Laws or
Regulations in respect of any such claim, dispute or other
matter.
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Limitations on ENGINEER's Responsibilities:
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9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
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decision made by ENGINEER in good faith either to exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR, any Sub-
contractor, any Supplier, or any other person or organization
perfonning any of the Work, or to any surety for any of them.
9.14. Whenever in the Contract Documents the tenns "as
ordered", "as directed", "as required", "as allowed", "as
approved" or tenns of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable", "proper" or
"satisfactory" or adjectives of like effect or import are used to
describe requirement, direction, review or judgement of
ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgement will be solely to
evaluate the Work for compliance with the Contract
Documents (unless there is a specific statement indicating
otherwise). The use of any such tenn or adjective shall not
be effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or perfonnance of the Work
or any duty or authority to undertake responsibility contrary
to the provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for
CONTRACTOR's means, methods, techniques, sequences or
procedures of construction, or the safety precautions and the
programs incident thereto, and ENGINEER will not be
responsible for CONTRACTOR's failure to perfonn or
furnish the Work in accordance with the Contract
Documents.
9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any other person or organization perfonning
or furnishing any of the Work.
ARTICLE 10 - CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, or additions, deletions or revisions in the Work; these
will be authorized by a Written Amendment, a Change Order,
or a Work Directive Change. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with the
Work involved which will be perfonned under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
10.2. If OWNER and CONTRACTOR are unable to agree
as the extent, ifany, of an increase or decrease in the Contract
Price or an extension or shortening of the Contract Time that
should be allowed as a result of a Work Directive Change, a
claim may be made therefor as provided in Article II or
Article 12.
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10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3.4 and 3.5, except
in the case of an emergency as provided in paragraph 6.22
and except in the case of uncovering Work as provided in
paragraph 13.9.
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10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders (or Written Amendments)
covenng:
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10.4.1. changes in the Work which are ordered by
OWNER pursuant to paragraph 10.1, are required because
of acceptance of defective Work under paragraph 13.13 or
correcting defective Work under paragraph 13.14, or are
agreed to by the parties;
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10.4.2. changes in the Contract Price or Contract
Time which are agreed to by the parties; and
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10.4.3. changes in the Contract Price or Contract Time
which embody the substance of any written decision
rendered by ENGINEER pursuant to paragraph 9.11;
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provided that, in lieu of executing any such Change Order, an
appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal,
CONTRACTOR shall carry on the Work and adhere to the
progress schedule as provided in paragraph 6.29.
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10.5. 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
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11.1. The Contract Price constitutes the total compensation
(subject to authorized adjustments) payable to
CONTRACTOR for performing the Work. All duties,
responsibilities and obligations assigned to or undertaken by
CONTRACTOR shall be at his expense without change in
the Contract Price.
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11.2. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any claim for an
increase or decrease in the Contract Price shall be based on
written notice delivered by the party making the claim to the
other party and to ENGINEER promptly (but in no event later
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than thirty days) after the occurrence of the event giving rise
to the claim and stating the general nature of the claim.
Notice of the amount of the claim with supporting data shall
be delivered within sixty days after such occurrence (unless
ENGINEER allows and 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 ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price
will be valid if not submitted in accordance with this
paragraph 11.2.
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Contract
Price shall be determined in one of the following ways:
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prices contained in the Contract Documents, by
application of unit prices to the quantities of the items
involved (subject to the provisions of paragraphs 11.9.1.
through 11.9.3., inclusive).
11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.6.2.1.).
11.3.3. On the basis of the Cost of the Work
(determined as provided in paragraph 11.4 and 11.5) plus
a CONTRACTOR's Fee for overhead and profit
(determined as provided in paragraphs 11.6 and 11.7).
Cost of the Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by the 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 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
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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.
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11.4.2. Cost of all materials an equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and the Supplier's
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. All trade discounts,
rebates and refunds and all returns from sale of surplus
materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may
be obtained.
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11.4.3. Payments made by CONTRACTOR to the
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 will then determine, with the advice of ENGINEER,
which bids will be accepted. If a subcontract provides
that the Subcontractor is to be paid on the basis of Cost
of the Work Plus a Fee, the Subcontractor's Cost of the
Work shall be determined in the same manner as
CONTRACTOR's Cost of the Work. All subcontracts
shall be subject to the other provisions of the Contract
Documents insofar as applicable.
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11.4.4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories,
surveyors, attorneys and accountants) employed for
services specifically related to the Work.
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11.4.5. Supplemental costs including the following:
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11.4.5.1. The proportion of necessary transportation,
travel and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected
with the Work.
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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.
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11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER, and the costs of transportation, loading,
unloading, installation, dismantling and removal
thereof - all in accordance with the 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 of similar taxes
related to the Work, and for which CONTRACTOR
is liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than
negligence of CONTRACTOR, any Subcontractor or
anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable,
and royalty payments and fees for permits and
licenses.
11.4.5.6. Losses and damages (and related
expenses), not compensated by insurance or
otherwise, to the Work or otherwise sustained by
CONTRACTOR in connection with the performance
and furnishing of the Work (except losses and
damages within the deductible amounts of property
insurance established by OWNER in accordance with
paragraph 5.9), provided they have resulted from
causes other than the negligence of CONTRACTOR,
any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settlements made with the written consent and
approval of OWNER. No such losses, damages and
expenses shall be included in the Cost of the Work
for the purpose of determining CONTRACTOR's
Fee. If, however, any such loss or damage requires
reconstruction and CONTRACTOR is placed in
charge thereof, CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph
11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection
with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Work and premiums for property insurance coverage
within the limits of the deductible amounts
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established by OWNER in accordance with paragraph
5.9.
11.5. The term Cost of the Work shall not include any of
the following:
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11.5.1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents,
expeditors, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in
CONTRACTOR's principal or a branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications referred
to in paragraph 11.4.1. or specifically covered by
paragraph 11.4.4 - all of which are to be considered
administrative costs covered by the CONTRACTOR's
Fee.
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11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site.
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11.5.3. Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR's capital
employed for the Work and charges against
CONTRACTOR for delinquent payments.
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11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
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11.5.5. Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any
of them may be liable, including but not limited to, the
correction of defective Work, disposal of materials or
equipment wrongly supplied and making good any
damage to property.
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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.
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CONTRACTOR's Fee:
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11.6. The CONTRACTOR's Fee allowed to
CONTRACTOR for overhead and profit shall be determined
as follows:
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11.6.1. a mutually acceptable fixed fee; or if none can
be agreed upon,
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11.6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11,6.2.1. for costs incurred under paragraphs 11.4.1
and 11.4.2, the CONTRACTOR's Fee shall be fifteen
percent;
11.6.2.2. for costs incurred under paragraph 11.4.3,
the CONTRACTOR's Fee shall be five percent; and if
a subcontract is on the basis of Cost of the Work Plus a
Fee, the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent;
11.6.2.3. no fee shall be payable on the basis of
costs itemized under paragraphs 11.4.4., 11.4.5., and
11.5;
11.6.2.4. the amount of credit to be allowed by
CONTRACTOR to OWNER for any such change
which results in a net decrease in cost will be the
amount of the actual net decrease plus a deduction in
CONTRACTOR's Fee by an amount equal to ten
percent of the net decrease; and
11.6.2.5. when other additions and credits are
involved in anyone change, the adjustment in
CONTRACTOR's Fee shall be computed on the basis
of the net change in accordance with paragraphs
11.6.2.1 through 11.6.2.4, inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraph 11.4 or 11.5, CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowallces:
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
ENGINEER. 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.
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Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly adjusted.
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Unit Price Work:
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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
ENG INEER in accordance with Paragraph 9.10.
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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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11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof,
CONTRACTOR may make a claim for an increase in the
Contract Price in accordance with Article 11 if the parties
are unable to agree as to the amount of any such increase.
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ARTICLE 12 - CHANGE OF CONTRACT TIME
.1
12.1. The Contract Time may only be changed by a
Change Order or a Written Amendment. Any claim for an
extension or shortening of the Contract Time shall be based
on written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no event
later than thirty days) after the occurrence of the event giving
rise to the claim and stating the general nature of the claim.
Notice of the extent of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
occurrence of said event. All claims for adjustment in the
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Contract Time shall be determined by ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree. No claim for an
adjustment in the Contract Time will be valid if not submitted
in accordance with the requirements of this paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of
CONTRACTOR if a claim is made therefor a provided in
paragraph 12.1. Such delays shall include, but not be limited
to, acts of neglect by OWNER or others performing
additional work as contemplated by Article 7, or to fires,
floods, labor disputes, epidemics, abnormal weather
conditions or acts of God.
12.3. All time limits stated in the Contract Documents are
of the essence of the Agreement. The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers, architects,
attorneys and other professionals and court and arbitration
costs) for delay by either party.
ARTICLE 13 - WARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS;
CORRECTIONS, REMOVAL OR
ACCEPTANCE OF DEFECTIVE
WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in
accordance with the Contract Documents and will not be
defective. Prompt notice of all defects shall be given to
CONTRACTOR. All defective Work, whether or not in
place, may be rejected, corrected or accepted as provided in
this Article 13.
Access to Work:
13.2. ENGINEER and ENGINEER's representatives,
other representatives of OWNER, testing agencies and
governmental agencies with jurisdictional interests will have
access to the Work at reasonable times for their observation,
inspecting and testing. CONTRACTOR shall provide proper
and safe conditions for such access.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) to specifically
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be inspected, tested or approved, CONTRACTOR shall
assume full responsibility therefor, pay all costs in connection
therewith and furnish ENGINEER the required certificates of
inspection, testing or approval. CONTRACTOR shall also be
responsible for and shall pay all costs in connection with any
inspection or resting required in connection with OWNER's
and ENGINEER's acceptance of a Supplier of materials or
equipment proposed to be incorporated in the Work, or of
materials or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in the
Work. The cost of all inspections, tests and approvals in
addition to the above which are required by the Contract
Documents shall be paid by OWNER (unless otherwise
specified).
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13.5. All inspections, tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable to
OWNER and CONTRACTOR (or by ENGINEER is so
specified).
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13.6. If any Work (including the work of others) that is to
be inspected, tested or approved is covered without written
concurrence of ENGINEER, it must, if requested by
ENGINEER, be uncovered for observation. Such uncovering
shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice.
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13.7. Neither observations by ENGINEER nor
inspections, tests or approvals by others shall relieve
CONTRACTOR from CONTRACTOR's obligations to
perfonn the Work in accordance with the Contract
Documents.
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Uncovering Work:
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13.8. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by ENGINEER,
be uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
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13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's
request, shall uncover, expose or otherwise make available
for observation, inspection or testing as ENGINEER may
require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that
such Work is defective, CONTRACTOR shall bear all direct,
indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of
satisfactory reconstruction, (including but not limited to fees
and charges of engineers, architects, attorneys and other
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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 II. 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 II and 12.
Owner May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perfonn the Work in such a
way that the completed Work will confonn to the Contract
Documents, OWNER may order CONTRACTOR to stop the
Work, or any portion thereof, 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.
Correction or Removal of Defective Work:
13. 11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with nondefective Work. CONTRACTOR
shall bear all direct, indirect and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers, architects, attorneys and other
professionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be
prescribed by Laws or Regulations or by the tenns of any
applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract
Documents, any Work is found to be defective,
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
nondefective Work. If CONTRACTOR does not promptly
comply with the tenns of such instructions, or in an
emergency where delay would cause serious risk of loss or
damage, OWNER may have the defective Work corrected or
the rejected Work removed and replaced, and all direct,
indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of
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engineers, architects, attorneys and other professionals) will
be paid by CONTRACTOR. In special circumstances where
a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if so
provided in the Specifications or by Written Amendment.
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Acceptance of Defective Work:
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13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment, also
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall bear all direct, indirect and
consequential costs attributable to OWNER's evaluation of
and determination to accept defective Work (such costs to be
approved by ENGINEER as to reasonableness and to include
but not be limited to fees and charges of engineers, architects,
attorneys and other professionals). If any such acceptance
occurs prior to ENGINEER's recommendation of final
payment, a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect
to the Work; and OWNER shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to
agree as to the amount thereof, OWNER may make a claim
therefor as provided in Article 11. If the acceptance occurs
after such recommendation, and appropriate amount will be
paid by CONTRACTOR to OWNER.
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OWNER May Correct Defective Work:
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]3.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with
paragraph 13.11, or if CONTRACTOR fails to perform the
Work in accordance with the Contract Documents, or if
CONTRACTOR fails to comply with any other provision of
the Contract Documents, OWNER may, after seven days'
written notice to CONTRACTOR, correct and remedy any
such deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. To the
extent necessary to complete corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment stored at
the site or for which OWNER has paid CONTRACTOR but
which are stored elsewhere. CONTRACTOR shall allow
OWNER, OWNER's representatives, agents and employees
such access to the site as may be necessary to enable
OWNER to exercise the rights and remedies under this
paragraph. All direct, indirect and consequential costs of
OWNER in exercising such rights and remedies will be
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charged against CONTRACTOR in an amount approved as to
reasonableness by ENGINER, and a Change Order will be
issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and OWNER shall be
entitled to an appropriate decrease in the Contract Price, and,
if the parties are unable to agree as to the amount thereof,
OWNER may make a claim therefor as provided in Article
] 1. Such direct, indirect and consequential costs will include
but not be limited to fees and charges of engineers, architects,
attorneys and other professionals, all court and arbitration
costs and all costs of repair and replacement of work of
others destroyed or damaged by correction, 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.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Applications for Progress Payment:
14.2. At least twenty days before each progress payment is
scheduled (but not more often than once a month),
CONTRACTOR shall submit to ENGINEER 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, charges, security interests and
encumbrances (which are hereinafter in these General
Conditions referred to as "Liens") and evidence that the
materials and equipment are covered by appropriate property
insurance and other arrangements to protect OWNER's
interest therein, all of which will be satisfactory to OWNER.
The amount of retain age with respect to progress payments
will be as stipulated in the Agreement.
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CONTRACTOR's Warranty of Tille:
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.
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Review of Applications for Progress Payment:
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14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
Application. Ten days after presentation of the Application
for Payment with ENGINEER's recommendation, the
amount recommended with (subject to the provisions of the
last sentence of paragraph 14.7) become due and when due
will be paid by OWNER to CONTRACTOR.
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14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
ENGINEER's on-site observations of the Work in progress as
an experienced and qualified design professional and on
ENGINEER's review for the Application for Payment and
the accompanying data and schedules that the Work has
progressed to the point indicated; that, to the best of
ENGINEER's knowledge, information and belief, the quality
of the Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents, to a
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 ENGINEER will not thereby be deemed to have
represented that exhaustive or continuous on-site inspections
have been made to check the quality or the quantity of the
work beyond the responsibilities specifically assigned to
ENGINEER in the Contract Documents or that there may not
be other matters or issues between the parties that might
entitle CONTRACTOR to be paid additionally by OWNER
or OWNER to withhold payment to CONTRACTOR.
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14.6. ENGINEER's recommendation of final payment
will constitute an additional representation by ENGINEER to
OWNER that the conditions precedent to CONTRACTOR's
being entitled to final payment as set forth in paragraph 14.13
have been fulfilled.
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14.7. ENGINEER may refuse to recommend the whole or
any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such
payment, or, because of subsequently discovered evidence or
the results of subsequent inspections or tests, nullify any such
payment previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by Written
Amendment or Change Order,
14.7.3. OWNER has been required to correct defective
Work or complete Work in accordance with paragraph
13.14, or
14.7.4. of ENGINEER's actual knowledge of the
occurrence of any of the events enumerated in paragraphs
15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because claims have been
made against OWNER on account of CONTRACTOR's
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 ENGINEER) stating
the reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGINEER
issue a certificate of Substantial Completion. Within a
reasonable time thereafter, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of the Work to
determine the status of completion. If ENGINEER does not
consider the Work substantially complete, ENGINEER will
notify CONTRACTOR in writing giving the reasons therefor.
If ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion. There shall be attached
to the certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which to
make written objection to ENGINEER as to any provisions of
the certificate or attached list. If, after considering such
objections, ENGINEER concludes that the Work is not
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substantially complete, ENGINEER 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, ENGINEER
considers the Work substantially complete, ENGINEER will,
within said fourteen days, execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINpER believes justified after
consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to division of
responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety,
maintenance, heat, utilities, insurance and warranties. Unless
OWNER and CONTRACTOR agree otherwise in writing and
so inform ENGINEER prior to ENGINEER's issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
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14.9. OWNER shall have the right to exclude
CONTRACTOR from the Work after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
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Partial Utilization:
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14.10. Use by OWNER of any finished part of the Work
which has specifically been identified in the Contract
Documents, or which OWNER, ENGINEER and
CONTRACTOR agree constitutes a separately functioning
and useable part of the Work that can be used by OWNER
without significant interference with CONTRACTOR's
performance of the remainder of the Work, may be
accomplished prior to Substantial Completion of all the Work
subject to the following:
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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 ENGINEER that said part of the Work is
substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that part of the
Work. CONTRACTOR at any time may notify OWNER
and ENGINEER in writing that CONTRACTOR
considers any such part of the Work ready for its intended
use and substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that part
of the Work. Within a reasonable time after either such
request, OWNER, CONTRACTOR and ENGINEER shall
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make an inspection of that part of the Work to determine
its status of completion. If ENGINEER does not consider
that part of the Work to be substantially complete,
ENGINEER will notify OWNER and CONTRACTOR in
writing giving the reasons therefor. If ENGINEER
considers that part of the Work to be substantially
complete, the provisions of paragraphs 14.8 and 14.9 will
apply with respect to certification of Substantial
Completion of that part of the Work and the division of
responsibility in respect thereof and access thereto.
14.10.2. OWNER may at any time request
CONTRACTOR in writing to permit OWNER to take
over operation of any such part of the Work although it is
not substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time
thereafter OWNER, CONTRACTOR and ENGINEER
shall make an inspection of that part of the Work to
determine its status of completion and will prepare a list
of the items remaining to be completed or corrected
thereon before final payment. If CONTRACTOR does
not object in writing to OWNER and ENGINEER that
such part of the Work is not ready for separate operation
by OWNER, ENGINEER will finalize the list of items to
be completed or corrected and will deliver such list to
OWNER and CONTRACTOR together with a written
recommendation as to the 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
ENGINEER). During such operation and prior to
Substantial Completion of such part of the Work,
OWNER shall allow CONTRACTOR reasonable access
to complete or correct items on said list and to complete
other related 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.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is
complete, ENGINEER 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.
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Final Application for Payment:
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14.12. After CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER and delivered
all maintenance and operating instructions, schedules,
guarantees, Bonds, certificates of inspection, marked-up
record documents (as provided in paragraph 6.19) and other
documents - all as required by the Contract Documents, and
after ENGINEER has indicated that the Work is acceptable
(subject to the provisions of paragraph 14.16),
CONTRACTOR may make application for final payment
following the procedure for progress payments. The final
Application for Payment shall be accompanied by all
documentation called for in the Contract Documents, together
with complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed in
connection with the Work. In lieu thereof and as approved by
OWNER, CONTRACTOR may furnish receipts or releases
in full; an affidavit of CONTRACTOR that the releases and
receipts include all labor, services, material and equipment
for which a Lien could be filed, and 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; and consent of the surety, if any, to final payment.
If any Subcontractor or Supplier fails to furnish 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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Final Payment and Acceptance:
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14.13. If, on the basis of ENGINEER's observation of the
Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation - all as required by the
Contract Documents, ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled,
ENGINEER will, within ten days after receipt of the final
Application for Payment, indicate in writing ENGINEER's
recommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the
Work is acceptable subject to the provisions of paragraph
14.16. Otherwise, ENGINEER will return the Application to
CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and
resubmit the Application. Thirty days after presentation to
OWNER of the Application and accompanying
documentation, in appropriate form and substance, and with
ENGINEER's recommendation and notice of acceptability,
the amount recommended by ENGINEER will become due
and will be paid by OWNER to CONTRACTOR.
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14.14. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminating the
Agreement, make payment of the balance due for that portion
of the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the
Agreement, and if Bonds have been furnished as required in
paragraph 5.1, the written consent of the surety to the
payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by
CONTRACTOR to ENGINEER with the Application for
such payment. Such payment shall be made 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 ENGINEER, nor the
issuance f a certificate of Substantial Completion, nor any
payment by OWNER to CONTRACTOR under the Contract
Documents, nor any use or occupancy of the Work or any
part thereof by OWNER, nor any act of acceptance by
OWNER nor any failure to do so, nor any review and
approval of a Shop Drawing or sample submission, nor the
issuance of a notice of acceptability by ENGINEER pursuant
to paragraph 14.13, nor any correction of defective Work by
OWNER will constitute an acceptance of Work not in
accordance with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents (except as provided
in paragraph 14.16).
Waiver of Claims:
14.16. The making and acceptance of final payment will
constitute:
14.16.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from unsettled
Liens, from defective Work appearing after final inspection
pursuant to paragraph 14.11 or form failure to comply with
the Contract Documents or the terms of any special
guarantees specified therein; however, it will not constitute
a waiver by OWNER of any rights in respect to
CONTRACTOR's continuing obligations under the
Contract Documents; and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled.
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ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
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Owner May Suspend Work:
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15.1. OWNER may, at any time and without cause,
suspend the Work or any portion thereof for a period of not
more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date on
which Work will be resumed. CONTRACTOR shall resume
the Work on the date so fixed. CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of
the Contract Time, or both, directly attributable to any
suspension if CONTRACTOR makes an approved claim
therefor as provided in Articles 11 and 12.
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Owner May Terminate:
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15.2. Upon the occurrence of anyone or more of the
following events:
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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;
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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;
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15.2.3. if CONTRACTOR makes a general assignment
for the benefit of creditors;
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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;
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15.2.5. if CONTRACTOR admits in writing an inability
to pay its debts generally as they become due;
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15.2.6. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials and equipment or
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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 and
Regulations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Documents;
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 ONER has paid
CONTRACTOR but which are stored elsewhere, and finish
the Work as OWNER may deem expedient. In such case
CONTRACTOR shall not be entitled to receive any further
payment until the Work is finished. If the unpaid balance of
the Contract Price exceeds the direct, indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers, architects,
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 ENGINEER and
incorporated in a Change Order, but when exercising any
rights or remedies under this paragraph OWNER shall not be
required to obtain the lowest price for the Work performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of monies due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.4. Upon seven days written notice to CONTRACTOR
and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy, elect to abandon the
Work and terminate the Agreement. In such case,
CONTRACTOR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses,
which will include, but not be limited to, direct, indirect and
consequential costs (including, but not limited to, fees and
charges of engineers, architects, attorneys and other
professionals and court and arbitration costs).
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Contractor May Stop Work or Terminate:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for payment
within thirty days after it is submitted, or OWNER fails for
thirty days to pay CONTRACTOR any sum finally
detennined to be due, then CONTRACTOR may, upon seven
days written notice to OWNER and ENGINEER, tenninate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of tenninating
the Agreement, if ENGINEER has failed to act on an
Application for Payment or OWNER has failed to make any
payment as aforesaid, CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the
obligations under paragraph 6.29 to carry on the Work in
accordance with the progress schedule and without delay
during disputes and disagreements with OWNER.
(The remainder of this page was left blank intentionally)
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ARTICLE 16 - ARBITRATION
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16.1. All claims, disputes and other matters in question
between OWNER and CONTRACTOR arising out of or
relating to the Contract Documents or the breach thereof
(except for claims which have been waived by the making or
acceptance of final payment as provided by paragraph 14.16)
will be decided in the Superior Court of Richmond County,
Georgia.
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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.
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Computation of Time:
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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.
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17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
General:
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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 will be made in writing to the other
party within a reasonable time of the first observance of such
injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for, or a waiver of, the
provisions of any applicable statute oflim itations or repose.
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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 6.30,13.1,13.12,13.14,14.3
and 15.2 and all of the rights and remedies available to
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OWNER and ENGINEER 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 and 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.
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I SGC-O 1.
I SGC-02.
I SGC-03.
SGC-04.
I SGC-05.
I SGC-06.
SGC-07.
I SGC-08.
I SGC-09.
I SGC-lO .
SGC-11.
I SGC-12.
I SGC-13.
SGC-14.
I SGC-15.
I SGC-16.
I SGC-17.
SGC-18.
I SGC-19.
I SGC-20.
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SUPPLEMENTAL GENERAL CONDITIONS INDEX
Owner's Liability and Property Insurance
Contractor's Liability Insurance
Special Hazards
Testing Laboratory
Control Materials
Surveys
Progress Payments
Drawings
Rights-of-Way
Estimate of Quantities
Existing Structures and Utilities
Contractor's Breakdown of Lump Sum Payment Items
Prior Use by Owner
Cleaning Up
Maintenance of Traffic
Maintenance of Access
Erosion Control and Restoration of Property
Bypassing Sewage
Safety and Health Regulations
Standard Construction Specifications
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SGC-Ol.
OWNER'S LIABILITY & PROPERTY INSURANCE:
Sections 5.5,5.6,5.7,5.8,5.9, and 5.10 of the General Conditions shall be amended
as follows:
No additional liability or property insurance will be purchased by Augusta-Richmond
County Commission for this project.
Current insurance coverage's will remain in effect for the life of this Contract.
SGC-02.
CONTRACTOR'S LIABILITY INSURANCE:
As indicated under Section 5.3 of the General Conditions, the Contractor's Liability
Insurance shall be in an amount no less than $100,000 for injuries, including accidental death, to any
one person, and subject to the same limit for each person, in an amount not less than $300,000 on
account of one accident, and Contractor's Property Damage Insurance in an amount not less than
$100,000.
The Contractor shall either (1) require each of his subcontractors to procure and to
maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance
of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities
of his subcontractors in his own policy.
SGC-03.
SPECIAL HAZARDS:
The Contractor's and his Subcontractor's Liability and Property Damage Insurance
shall provide adequate protection against the following special hazards:
(a) Work within the right-of-ways of the Georgia Highway System and the
Augusta-Richmond County Road System.
(b) Work within easements granted by property owners in connection with the
construction of the project.
(c) Work in close proximity to existing water lines, power lines, telephone lines,
gas lines, other utilities and private structures contiguous to the job site.
SGC-04.
TESTING LAB ORA TORY:
All materials testing and laboratory work in connection therewith shall be paid for by
the Contractor as approved by the Engineer.
SGC - 1
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SGC-05.
CONTROL OF MATERIALS
Source of Supply and Quality Requirements: The materials used on the work shall
conform to the requirements of the contract, plans, and specifications. Unless otherwise specified,
such materials that are manufactured or processed shall be new (as compared to used or reprocessed).
In order to expedite the inspection and testing of materials, the contractor shall furnish
complete statements to the engineer as to the origin, composition, and manufacture of all materials
to be used in the work. Such statements shall be furnished promptly after execution of the contract
but, in all cases, prior to delivery of such materials.
Materials and materials suppliers must be listed in the Georgia Department of
Transportation's Qualified Products List and/or the Secretary of Interior Standards for historic
projects.
Samples. Tests. and Cited Specifications: All materials used in the work shall be
inspected, tested (by an approved testing laboratory), and approved by the engineer before
incorporation in the work. Any work in which untested materials are used without approval or written
permission of the engineer shall be performed at the contractor's risk. Materials found to be
unacceptable and unauthorized will not be paid for and, if directed by the engineer, shall be removed
at the contractor's expense. Unless otherwise designated, tests in accordance with the cited standard
methods of AASHTO and ASTM which are current on the date of advertisement for bids will be made
by and at the expense of the contractor. Samples will be taken by a qualified representative of the
testing laboratory. All materials being used are subject to inspection, test, or rejection at any time
prior to or during incorporation into the work. Copies of all tests will be furnished to the engineer's
or owner's representative at their request.
Certification of Compliance: The engineer may permit the use, prior to sampling and
testing of certain materials, or assemblies when accompanied by manufacturer's certificates of
compliance stating that such materials or assemblies fully comply with the requirements of the
contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies
delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly
identified.
Materials or assemblies used on the basis of certificates of compliance may be sampled
and tested at any time and if found not to be in conformity with the contract requirements will be
subject to rejection whether in place or not.
The form and distribution of certificates of compliance shall be as approved by the
engineer.
SGC - 2
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When a material or assembly is specified by "brand name or equal" and the contractor
elects to furnish the specified "brand name" , the contractor must furnish the manufacturer's certificate
of compliance for each lot of such material or assembly delivered to the work. Such certificate of
compliance shall clearly identify each lot delivered and shall certify as to:
(a). Conformance to the specified performance, testing, quality of dimensional
requirements; and
(b). Suitability of the material or assembly for the use intended in the contract work.
Should the contractor propose to furnish an "or equal" material or assembly, he shall
furnish the manufacturer's certificate of compliance as hereinbefore described for the specified brand
name material or assembly. However, the engineer shall be the sole judge as to whether the proposed
"or equal" is suitable for use in the work.
The engineer reserves the right to refuse permission for use of materials or assemblies
on the basis of certificates of compliance.
Plant Inspection: The engineer or his authorized representative may inspect, at its
source, any specified material or assembly to be used in the work. Manufacturing plants may be
inspected from time to time for the purpose of determining compliance with specified manufacturing
methods or materials to be used in the work and to obtain samples required for his acceptance of the
material or assembly.
Should the engineer conduct plant inspections, the following conditions shall exist:
(a) The engineer shall have the cooperation and assistance of the contractor and the
producer with whom he has contracted for materials.
(b) The engineer shall have full entry at all reasonable times to such parts of the
plant that concern the manufacture or production of materials being furnished.
(c) If required by the engineer, the contractor shall arrange for adequate office or
working space that may be reasonably needed for conducting plant inspections.
Office or working space should be conveniently located with respect to the
plant.
It is understood and agreed that the owner shall have the right to retest any material
which has been tested and approved at the source of supply after it has been delivered to the site. The
engineer shall have the right to reject material which, when retested, does not meet the requirements
of the contract, plans, or specifications.
SGC - 3
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Engineer's Field Office and Laboratory: When specified and provided for as a
contract item, the contractor shall furnish a building for the exclusive use of the engineer as a field
office and field testing laboratory. The building shall be furnished and maintained by the
contractor as specified herein and shall become property of the contractor when the contract work
is completed.
Storage of Materials: Materials shall be so stored as to assure the preservation of their
quality and fitness for the work. Stored materials, even though approved before storage, may again
be inspected and/or retested as needed prior to their use in their work. Stored materials shall be
located so as to facilitate their prompt inspection. The contractor shall coordinate the storage of all
materials with the engineer.
Unacceptable Materials: Any material or assembly that does not conform to the
requirements of the contract, plans, or specifications shall be considered unacceptable and shall be
rejected. The contractor shall remove any rejected material or assembly from the site of the work,
unless otherwise instructed by the engineer.
No rejected material or assembly, the defects of which have been corrected by the
contractor, shall be returned to the site of the work until such time as the engineer has approved its
use in the work.
Owner-Furnished Materials: The contractor shall furnish all materials required to
complete the work, except those specified herein (if any) to be furnished by the owner. Owner-
furnished materials shall be made available to the contractor at the location specified herein.
All costs of handling, transportation from the specified location to the site of work,
storage, and installing owner-furnished materials shall be included in the unit price bid for the
contractor item when such owner-furnished material is used.
After owner-furnished material has been delivered to the location specified, the
contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may
occur during the contractor's handling, storage, or use of such owner-furnished material. The owner
will deduct from any monies due or to become due the contractor any cost incurred by the owner in
making good such loss due to the contractor's handling, storage, or use of owner-furnished materials.
SGC-06.
SURVEYS:
The Contractors will provide surveying for construction stake-out.
SGC-07.
PROGRESS PAYMENTS:
Section 14.2 of the General Conditions shall be amended as follows:
SGC - 4
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The Contractor may submit monthly estimates for materials and work installed and
complete, in place. No payment will be made on the basis of material and equipment
delivered and stored on site and not incorporated in the work, complete and in place.
Monthly payments shall be made in the amount of ninety (90) percent work completed
and approved by the Engineer. Payments will be made to the Contractor.
This agreement is intended by the Parties to, and does, 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 this Agreement is inconsistent with any provision of the Prompt
Pay Act, the provision of this Agreement shall control.
Not withstanding 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 this
Agreement and Contractor specifically waive any claim to same.
SGC-08.
DRAWINGS:
The Engineer will furnish to the Contractor all copies of drawings reasonably necessary
for the execution of the work. Location of all features of the work included in the Contract are
indicated on the Contract Drawings. The following drawings comprise the plans for this contract:
Sheet No.
1
2
3
4
5-7
8 - 22
23 - 33
34 - 43
44 - 48
49
50
51
Sl - S12
S13 - S15
Ii1k
Cover Sheet
Sheet Index
General Notes
Quantities / Legend
Typical Cross-Sections
Multi-Use Trail Plan Sheets (100' Scale)
Plan Sheet Enhancements (20' Scale)
New Bartram Trail (20' Scale)
OMITTED
New Bartram Trail (20' Scale)
Details
Signage / Striping Details
OMITTED
Hawks Gully Bridge
SGC - 5
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SGC-09.
RIGHTS-OF -W A Y:
The OWNER will furnish all land and rights-of-way necessary for the carrying out of
this contract and the completion of the work herein contemplated and will use due diligence in
acquiring said land and rights-of-way as speedily as possible. It is possible that all lands and rights-of-
way may not be obtained as herein contemplated before construction begins, in which event the
contractor shall begin his work upon such land and rights-of-way as the OWNER may have previously
acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the
remaining lands and rights-of-way. Should the OWNER be prevented or enjoined from proceeding
with the work or from authorizing its prosecution, either before the commencement, by reason of any
litigation or by reason of its inability to procure any lands or rights-of-way for the said work, the
Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to
withdraw from the contract except by consent of the OWNER; but time for completion of the work
will be extended to compensate for the time lost by such delay; such determination to be set forth in
writing as approved by the OWNER.
SGC-IO.
ESTIMATE OF QUANTITIES:
The estimated quantities of work to be done and materials to be furnished under this
contract if shown in any of the documents including the bid are given only for use in comparing bids
and to indicate approximately the total amount of the contract and the right is especially reserved
except as herein otherwise specifically limited to increase or diminish them as may be deemed
reasonably necessary or desirable by the OWNER to complete the work contemplated by this contract
and such increase or diminution shall in no way vitiate this contract nor shall any such increase or
diminution give cause for claim's or liability for damages.
SGC-ll.
EXISTING STRUCTURES AND UTILITIES:
The existence and location of structures and underground utilities indicated on the plans
are not guaranteed and shall be investigated and verified in the field by the contractor before starting
work. The contractor shall be held responsible for any damage to, and for maintenance and protection
of, existing utilities and structures.
SGC-12.
CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS:
The contractor shall, immediately after the contract has been awarded, submit to the
Augusta-Richmond County Public Works Department Director for approval, a breakdown showing
estimates of all costs apportioned to the major elements of equipment, material and labor comprising
the total work included under any of the lump sum items shown in the proposal. These estimates as
approved will serve as the basis for estimating of payments due on all progress estimates.
SGC - 6
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SGC-13.
PRIOR USE BY OWNER:
Prior to completion of the work, the OWNER (by agreement with the Contractor) may
take over the operation and/or use of the incomplete project or portions thereof. Such prior use of
the facilities by the OWNER shall not be deemed as acceptance of any work or relieve the Contractor
from any of the requirements of the Contract Documents.
SGC-14.
CLEANING UP:
The Contractor shall keep the premises free from the accumulation of waste material
and rubbish and upon completion of the work, prior to final acceptance of the completed project by
the OWNER, he shall remove from the premises all rubbish, surplus materials, implements, tools,
etc., and leave the work in a clean condition, satisfactory to the Augusta-Richmond County Public
Works Department Director.
SGC-15.
MAINTENANCE OF TRAFFIC:
In any work within the public right-of-way, the contractor shall provide adequate
warning and protection for pedestrian and vehicular traffic from any hazard arising out of the
contractor's operations and will be held responsible for any damage caused by negligence on his part
or by the improper placing of, or failure to display, danger signs and lights. All traffic lanes,
sidewalks and driveways will be kept open and clear at all times except as provided below. The
contractor shall not block traffic on any street more than 30 minutes or such other time as the agency
having jurisdiction may specify, without written permission from such agency. Before leaving the
work each night, it shall be placed in such condition as to cause the least possible hazard therefrom.
Should the contractor fail to comply with the provisions of this paragraph, the Owner may, with his
own forces, provide signs, flagmen, barricades and/or lights, to reduce or eliminate hazards, construct
substitute passageways or clear the pavement and deduct the cost thereof from sums due the
contractor.
SGC-16.
MAINTENANCE OF ACCESS:
The Contractor shall maintain access to business establishments during all times they
are open for business, to churches, schools and other institutions during the time they are open and
to all residential and other occupied buildings or facilities at all times. Bridges across open trenches
and work areas shall provide vehicular and pedestrian access. Bridges with handrail protection will
be required for crosswalks at street intersections. It is recognized that it will be necessary to remove
bridges and to block cross traffic while equipment is in operation. The Contractor shall, however,
plan and pursue this operations so as to minimize the time that direct access is blocked.
SGC - 7
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SGC-17.
EROSION CONTROL AND RESTORATION OF PROPERTY:
The Contractor shall schedule his work and perform operations in such manner that
siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed
during the course of construction shall be restored to a condition equal or better than the original
condition.
The Contractor must comply with the Georgia Department of Transportation's current
standards, specifications, and details for sediment and erosion control. Compliance will be enforced
by the Augusta-Richmond County Public Works Department Director.
SGC-18.
BYPASSING SEW AGE:
The Contractor shall schedule and coordinate construction sequences and operations
and utilize temporary construction and other approved methods which will minimize the bypassing of
sewage during construction of the sewer facilities. The diversion of sewerage to open ditches or
streams will not be permitted.
SGC-19.
SAFETY AND HEALTH REGULATIONS:
The Contractor shall comply with the Department of Labor Safety and Health
Regulations for construction promulgated under the Occupational and Health Act (current edition) and
under Section 107 of the Contract Work Hours and Safety Standards Act.
SGC-20.
STANDARD CONSTRUCTION SPECIFICATIONS
A.
All site work and roadway construction shall be accomplished in accordance with
Department of Transportation, State of Georgia, Standard Specifications Construction
of Roads and Bridges, current edition.
B.
Construction of bridge and related structures shall conform to AASHTO Standard
Specifications for Highway Bridges, 16th edition, 1996, AASHTO.
SGC - 8