HomeMy WebLinkAboutBedford Heights
Augusta Richmond GA
DOCUMENT NAME: '~~() Xlt)CjY\~
DOCUMENT TYPE: CD\'rty Q Q,,-\-
YEAR:ct=\
BOX NUMBER: CJ3'
FILENUMBER: \l\~'lc9
NUMBER OF PAGES:
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Contract Documents 0 Specifications
for
B[DfORD tI[lfinT5
(Water /; Sewer System Improvements)
Prepared for:
J\ugusta Richmond County Board of Commissioners
B06 1Jf0<<.H.tf, MtUf04
.eee. N. BeaMi, MtUf04 PIW cJ~
~~.e. 0II~, ~ubud2
g~ e. g~, ~ubud 3
RiduvuJ, e~, ~ubud If.
oIIeNuf B~, ~ubud 5
J.B. PowelL, ~ubud 6
Je/VUf B~, ~ubud 7
IJ,{IHun B~, ~ubud 8
'W~ 011. Matp, !J!J!J, :hubud 9
'W~ B. KuJJhe, J4., ~ubud 10
Prepared By:
JameJ. q. Swi/J c. II~
e~e~
1206!J~ P~
II~, qll30909
June 1999
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Contract Documents & Specifications.
for
B[DfOI!D n[ltinTS
(Water /; Sewer System Improvements) ·
Prepared for:
.4.ugu~ta Richmond County Board of Commissioners
Bob 'lflUU19, A1atp>>
.Eee, N. BeoMi" Matp>> PIW <J~
d)~ .E. dI~, ~idIuct.2
g~ e. g~, ~idIuct 3
RiduvuJ, e~, ~idIuct II-
dleNuf B~, ~idIuct 5
J.B. Powell, ~idIuct 6
JeIVUf B~, ~idIuct 7
'tI~ B~, ~idIuct 8
'W~ dI. A1~, !J!J!J, ~idIuct 9
'W~ B. KuItJhe, #4., ~idIuct 10
Prepared By:
J~ q. g4i g Il~
e~e~
1.206!J~ P~
II~, qll 30909
June 1999
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TABLE OF CONTENTS
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Se. cttOti
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ADV Advertisement for Bids
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1-4
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1-2
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1-3
IB Instructions to Bidders
P Proposal
BB Bid Bond
NA Notice of Award
A Agreement
PB Performance Bond &
"- Labor and Material Payment Bond
COA Certificate of Owners Attorney
NP Notice to Proceed
GC General Conditions
SGC Supplemental General Conditions
SC Special Conditions
TS Technical Specifications
1-4
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1 - 56
1-3
1-4
1- 34
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ADVERTISEMENT FOR BIDS
SEALED BIDS for the construction of the Bedford Heigltts (Water & Sewer System Improvements) at
Augusta, Georgia, including together with appurtenances, hereinafter referred to by project name as
BEDFORD HEIGHTS
(Water & Sewer System Improvements)
Bid Item #99-089
will be received by
AUGUSTA-RICHMOND COUNTI COMMISSION
hereinafter referred to as the OWNER, at the office of the Purchasing Director, Room 605, Municipal
Building until 3:00 p.m. on the 29th day of June, 1999, at which time all bids will be publicly opened and
read in the presence of those interested.
All work shall be in accordance with the contract documents of the Augusta Richmond Utilities
Engineer/Director, hereinafter referred to as the Engineer.
Copies of the Contract Documents may be examined during regular business hours at the office of
the Augusta Richmond Utilities, 2760 Peach Orchard Road, Augusta, Georgia; at the office of Augusta-
Richmond County Purchasing Dept., Room 605, Municipal Building, Augusta, Georgia; at the office of
James G. Swift & Associates, 1206 Interstate Parkway, Augusta, Georgia; and at the following locations:
The F. W. Dodge Division Plan Room
Augusta, Georgia
Augusta Builders Exchange
Augusta, Georgia
CSRA Business League
Augusta, Georgia
Copies may be obtained at the office of James G. Swift & Associates upon payment of Fifty Dollars
($50.00) for each set. (Non-refundable).
Bids shall be addressed to Augusta-Richmond County Commission, c/o Geri A. Sams, Purchasing
Director, Municipal Building, Augusta, Georgia 30911, marking the envelope "Bedford Heights".
Bids shall be completed and submitted as described in the Information for Bidders section of the
Contract Documents.
A 10% Bid Guarantee, 100% Performance Bond, and a 100% Labor and Material Payment Bond will
be required.
It is the wish of the Owner that minority businesses be given the opportunity to bid on tne various
parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive
bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks
to include responsible businesses and provide ample opportunity for business growth and development.
No bid may be withdrawn for a period of Sixty (60) days after the date and time set for the receipt
of bids.
The Owner reserves the right to waive any infqrmalities in bidding and to reject any or all bids.
Geri A. Sams, Purchasing Director
Advertised in Augusta Chronicle: 6/3, 6/7, 6/15, 6/21
Advertised in Augusta Focus: 6/3
ADV-1
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SECTION IB
INSTRUCTION TO BIDDERS
IB-Ol GENERAL:
All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed
with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in
every respect as though filed in person and will be subject to the same requirements.
Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any
proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period
of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder.
IB-02 EXAMINATION OF WORK:
Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the
conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and
during the prosecution of the work, the general and local conditions, and all other matters which can in any
way affect the work or the cost thereof under the contract. No oral agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or
modify any of the terms or obligations therein.
IB-03 ADDENDA AND INTERPRETATIONS:
No interpretation of the meaning of plans, specifications or other pre bid documents will be made to any
bidder orally. .
Every request for such interpretation should be in writing addressed to the Director of Augusta-Richmond
County Utilities Dept, 2760 Peach Orchard Road, Augusta GA 30906, and to be given consideration must
be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations
and any supplemental instructions will be in the form of written addenda to the specifications which, if
issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective
addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of
bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from
any obligation under his bid as submitted. All addenda so issued shall become part of the Contract
Documents.
IB-04 PREPARATION OF BIDS:
Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made on bid forms should be initialed by the person signing the
bid.
Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement,
on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may
disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid"
where appropriate.
Alternative bids will not be considered unless specifically called for.
IFB-l
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Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if
submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted
as such, and shall not reveal the total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations
will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the
corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-05 BASIS OF AWARD:
The bids will be compared on the basis of unit prices, as extended, which will include and cover the
furnishing of all material and the performance of all labor requisite or proper, and completing of all the work
called for under the accompanying contract, and in the manner set forth and described in the specifications.
Where estimated quantities are included in certain items of the proposal, they are for the purpose of
comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the
responsibility of the Contractor to check all items of construction. In case of error in extension of prices in
a proposal, unit bid prices shall govern.
IB-06 BIDDER'S QUALIFICATIONS:
No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled
in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations
to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope,
a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to
working capital available, plant equipment, and his experience and general qualifications. The Owner may
make such investigations as are deemed necessary to determine the ability of the bidder to perform the work
and the bidder shall furnish to him all such additional information and data for this purpose as may be
requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or
investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein. Part of the evidence required
above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for
which the bidder has done similar work.
IB-07 PERFORMANCE BOND:
At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the
Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose
of such contract, conditional for the payment as they become due, of all just claims for such work, tools,
machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on
account ofthe doing ofthe work specified, and for compliance with the laws pertaining thereto. Said bond
shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the
State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of
the power of attorney.
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IB-08 REJECTION OF BIDS:
These proposals are asked for in good faith, and awards will be made as soon as practicable, provided
satisfactory bids are received. The fight is reserved, however to waive any informalities in bidding, to reject
any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in
the best interest of the Owner.
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MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified
minority and economically disadvantaged businesses in the contracted work of County Goveniment.
In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated
based on qualifications, price and construction time. With all other items being considered equal, the
contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has
included such firms as subcontractors on this project.
The bidders shall include with their bid a statement of qualification for themselves and/or any qualified
subcontractors explaining why they should be considered a minority or economically disadvantaged firm.
If the firm does not fall into this category, no information is necessary.
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SECTION P
PROPOSAL FOR
BEDFORD HEIGHTS
(Water & Sewer System Improvements)
Augusta-Richmond County Commission
Room 605 - Municipal Building
Augusta, Georgia 30911
Gentlemen:
The undersigned as bidder, herein referred to as 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, including the
drawings and technical specifications;
3. He understands that information relative to existing structures and underground utilities as
furnished to him on the drawings, Contract Documents or by the Augusta Richmond Utilities
Engineer/Director, carries no guarantee expressed or implied as to its completeness or
accuracy and he has made due allowances therefor;
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;
5. He agrees to hold the Owner harmless for accidents or damage to property;
6. He will comply with all State and Federal Regulations pertaining to but not limited to
asbestos containing material removal and disposal; Regulations regarding disposal of all
debris; OSHA Requirements.
7. He will complete work in a timely manner. Time of completion must be indicated on Bid
Proposal Form.
8. He will maintain the site as reasonably clean as possible by not allowing debris to
accumulate before making trips to his disposal site. Debris must be hauled on a regular basis
to avoid excessive accumulation. Materials sold for salvage shall not be retained on site.
9. He will not bum any materials on site without written approvals from proper authorities.
10. He will furnish the Owner with a detailed schedule of demolition and removal including
disposal sites, names of all subcontractors, State and local license information, and hereby
proposes and agrees that, if the Proposal is accepted, he will contract with the Augusta-
Richmond County Commission to furnish all niachinery, tools, apparatus and other means
of construction and to do all work and furnish all materials called for in accordance with the
requirements of the Augusta Richmond Utilities Engineer/Director and the true intent of the
Contract Documents and that he will take in payment for each item of work, thereof, the unit
or lump sum price applicable to that item as stated in the schedule below.
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(Note: Bidders must bid on each item.)
15.
16.
17.
18.
19.
20.
21.
22.
SCHEDULE OF PRICES
3.
4.
5.
6.
7.
8.
9.
10.
15" RC Pipe
18" RC Pipe
1------
1. Concrete - Asphalt Patch 13,3'0 LF
2. 6" Concrete Patch 200 LF
6" Water Main
6" Valve
4" Valve
2" Valve
Fire Hydrant
Water Service, Meter Box & Meter
w/Backflow Preventor
(Near Side)
11.
Water Service, Meter Box & Meter
w/Backflow Preventor
(Far Side)
6" Tapping Sleeve & Saddle
12.
13.
14.
6" Sanitary Sewer Services
8" Sanitary Sewer (6;.8)
8" Sanitary Sewer (8-10)
8" Sanitary Sewer (10-12)
8" Sanitary Sewer (12-14)
8" Sanitary Sewer (14-16)
8" Sanitary Sewer (16-18)
8" Sanitary Sewer (18-20)
8" Sanitary Sewer (20-22)
Sanitary Manhole (6-8)
782 LF
50LF
3,825 LF
11 EA
lEA
lEA
3EA
20EA
26EA
gEA
182 EA
2$86 LF
3,400 LF
3,320 LF
1,735 LF
680 LF
105 LF
130 LF
160 LF
l~EA
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23. Sanitary Manhole (8-10) 21EA
24. Sanitary Manhole (10-12) 25 EA
25. Sanitary Manhole (12-14) 7EA
26. Sanitary Manhole (14-16) 9EA
27. Sanitary Manhole (16-18) lEA
28. Sanitary Manhole (18-20) lEA
29. Sanitary Manhole (20-22) lEA
30. Select Refill - Sand Clay 1500 CY
31. Select Refill - Stone 600 TONS
32. Rock Excavation 1000 CY
NOTES:
1. Any removals necessary to accomplish this job shall be accounted for in the unit prices for pipe
installation. No separate pay item will be provided.
2. In situations where contractor may have to remove and replace fencing, mailboxes, driveways piping,
etc., contractor shall include the removal and replacement of these items in the unit price of the pipe.
3. Rock Excavation is defined as earth material encountered during excavation which can not be
removed or excavated with normal excavation equipment.
4. Contractor shall include in unit prices for pipe installation all necessary fittings. No separate pay
item will be provided for fittings.
The Contract covering the construction of all work described above will be completed within
270 calendar days fro~~date sp ci~ed in 1he ''Notic:lo roceed" of the Augusta Richmond Utilities
Engineer/Director for: 5 ~...~ - .. subjectto reductions, additions
and deletions provided herein on the basis of easured quantities of completed work and the prices bid.
Bidder further agrees to pay as liquidated damages the sum of$ 300.00 for each consecutive calendar day
thereafter as hereinafter provided in Article 12 of the General Conditions.
It is understood that the Owner reserves the right to reject any or 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
#=2.
~3.
Date
t'fJ4f99
4 llf99
('12.4 J '1l
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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 satisfactory performance and payment bonds in the amount equal to one
hundred percent (100%) of the total base bid sum. Enclosed herewith is a !lid Bond or a Certified Check
in the amount O~~1'kv.h.-fl,~~~~ Dollars ($ ~CJ.~7?1() ) being not less
than ten percent ( 000) of the total base bid sum. ~ ~ I
Should the bidder fail to execute the Contract and furnish the Performance and Payment Bonds 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 proper measure
ofliquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract
and furnish the Performance and Payment Bonds.
The successful bidder shall have a current Business License.
The Owner is an Equal Opportunity Employer.
Name & Georgia License Number of Contractor:
~l .AI~ (' f)J.Js::iTl.ll"TInJJl~'
Name of Bidder
()t'~ 3/')1') ICO
GA Utility Contractor License #
tA~R/~
Signature & Title of PJ2.ES~
Authorized Representative
f),/). ~~ ??()
Business Address
(;lJAAfI~' e,.,::-1;Yt'../A ~SC;9
City and tate
Date: .3llAl~ e9+l) '999
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THE AMERICAN INSTITUTE OF ARCHITECTS
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~/~ Document A310
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Bid Bond
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KNOW ALL MEN BY THESE PRESENTS,
thatwe Blair Construction, Inc.
IH'.r .,..,(''1 '\,Iil "4"'" 4"d .&JO't\\ 0' Ifl,l hUt 01 CO"I'H~O'
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PO Eox 770, Evans, Georgia 30809
as Principal, hereinafter called the Principal, and National Fire Insurance Comp-any 0:
1104"" '''''1,1 f\lll "'.-, ,"'d .dd't\\ 0' Ifl,l hI t 01 \'0,;"'"
Hartford, CNA Plaza, Chicago, Illinois 60685
a corporation duly organized under the laws o( the Slate of Con nee t i eu t
as Surety, hereinafter called the Surety, are held and Ilrmly bound unto Augusta-Richmond County
.....'. 11"I~,f1 11,,11 1'\,''''Hr ,1'\0 u:fd"" 0' 1,.,1 IIfI, O. U"""'"~'.
Commission, 530 Greene Sb/Municipal Building, Augusta, Georgia 309~1
as Obligee, hereinafter called the Obligee. in the sum of Ten percent of amount 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
ourselve:, our heirs, executors. administrators. successors and aSSigns. lOlnl:y al"\d severally. flrmi.( ~).
these presen IS.
WH E R EAS, the Principal has submitted a bid (or
Bedford Heights - Water & Sewer Irnprovern~I
1I1("t' '"'l''' lull """"", .u:(l'c.... "nU lJlo'c"ru'un ,~. ~,",,""
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NOW, THEREFORE, If the Obligee sh.1I ,ccepl the bid of the PtinClp,I ,nd Ihe Princ'p,l 1"',11 enler into, ConlrlCl
WIt" '''e Obligee in ,ccord,nce wir" Ihe lerml of lue'" b,d. ,,,ti g'''e \;.1(1'> ~)(,"d ()/ bo"r.1 H mJV :Jl' ,p~c"'ed ,,, Ii'll.' b'do.~~
or Conlr,ct OocumenlS with good 'nd luH.e'enl lu'ery iO' 11'>,' "011'11,,1 IJl:"o,m'''ft' !II Iv(" CC""",ICI ."d 10' in~ nrr)m;J'
p,yment 01 I,bor ,nd miler'" furnllhed ,'1 l"'e prOIl'Cu(,on IMc"t'ol l)' ." "'l' I'V,'''' 01 '''t' '..:,,/.' ,,/ Ihe P',"e,p,1 II') e~'~'
SuCh Conl"CI ,nd give SuCh bond or bondl. " I"'l' P"ne,pal Ih,/: :J.v '0 Ii'll' ()IJI,!;c.l' IhC (j,It("I'''P' "''' 'r) ~Ir.ecd "'l' :l('''''''.
hereof between the ,mount Ipecified in uld bid Jnd such Idrgl" ,mou"l I". wh.ch 1"1.' Obl'Kl'" "'h ,,, gCiod "'I" CO"I'd:'
with ~nother puty 10 perlo,m I"'e Work ccivl."l.'d bv Idld h,d. 11'>1.''' Ih,\ ohl.g.lI,n" ,)0,./1 be "ull .n<J vc.d, Olh(',......,\c fa 'l.''''''.'~
in full {oree .nd eHeel.
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SIgned and sealed this
29th
day of
June
19 99
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(1},~Af)~
tl,/<ou~/}II
(WI/neu)
I Blair Construction, Inc.
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fJ},/ PL,.4'';vv\ ((,. ~~
(Tille) ft-eSi d~ 1-
(Sui)
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711/JA1-~ .~-LJ
--c::: ( lness)
National Fire Insurance
I ' (Surety)
&.uh liL-j~
Euck Leigh (Tille)
Company' of Hartford
(SuI)
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Attorney-in-Fact,
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. AlA DOCUMENT 4310' BID BOND. AlA ~. FEBRUARY 1970 fD ' THf "'MfR'("''''
INSTITUT[ 01 J\RCHITlCTS, 17)5 N.Y. AVE., N."". WASHINe I\)", 0 <.: : ,... " ,
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
'Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
';:;OIllllPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
:orproration (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in
~ ~ of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constiMe and appoint
.;!lImes D. Thaxton, Theodore J. Marek. Buck Leigh, G. A. Weathersby, Individually.
crt Columbia, South Carolina
:"leir-:tnJe and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
underr1akings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and 1%0 bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and
all thte acts of said Attomey, pursuant to the authority hereby given are hereby ratified and confirmed.
,his Power of Attomey is made and executed pursuant to and by authority of the By-Laws and Resolutions. printed on the reverse hereof,
duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
:orpcrate seals to be hereto affixed on this 7th day of May 1998
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
A;~":;~G'PENNSY"VANIA
Marvin J. Cashion
Group Vice President
S1ate of Illinois, County of Cook, ss:
On this 7th day of May , ~,before me personally came
Mar",," J. Cashion, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Chicago, State of Illinois; that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
AM81CAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the
seals of said corporations; that the seals affixed to the said instrument are such Corporate seals; that they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to
be the act and deed of said corporations.
11~9 ~
My Commission ,Expires March 6, 2000
CERTIFICATE
Mary Jo Abel
Notary Public
I, Mary A. RibikawskisMary A Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation
printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said
co~ons
this 29th day of June 1999.
(Rev. 10/1/97)
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
~a
Mary A. RibikawskisMary A.
Ribikawskis
Assistant Secretary
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SECTION NA
NOTICE OF AWARD
TO: Blair Construction, 1I,e.
PROJECT DESCRIPTION: Bedford Heights (Water & Sewer System Improvements)
The Owner has considered the BID submitted by you for the above described WORK in response to
its Advertisement for Bids and Information for Bidders.
You are hereby notified that your BID has been accepted for items in the amount of$896,771.02.
You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's
Performance Bond and Payment Bond within Ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date
of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S
acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled
to such other rigbts as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER
Dated this
day of
, 1999.
BY:
TITLE:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged on this _ day of
, 1999.
BY:
. TITLE:
NA-l
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AGREEMENT
TillS AGREEMENT, made on the ~ day 0~1999, by and between AUGUSTA,
GEORGIA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, party
of the first part, hereinafter called the OWNER, and BLAIR CONSTRUCTION, INC., party of the second
part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as
follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and
to perform all of the work shown on the plans and described in the specifications for the project entitled:
Bedford Heights (Water & Sewer System Improvements)
and in accordance with the requirements and provisions of the Contract Documents as defined in the General
and Special Conditions hereto attached, which are hereby made a part of this agreement.
ARTICLE n - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within 10 calendar days after the date
of written notice by the Owner or the Contractor to proceed. All work shall be completed within 360
calendar days with all such extensions of time as are provided for in the General Conditions.
It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date
ofbeginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL
CONDITIONS of this contract. Contnictor agrees that said work shall be prosecuted regularly, diligently,
and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified.
It is expressly understood and agreed by and between the Contractor and the Owner, that the time for
completion of the work descnoed herein is a reasonable time for completion of the same, taking into
consideration the average climatic range and construction conditions prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORKWITIllN
THE TIME HEREIN SPECIFIED, then the Contractor does hereby agree, as a part of the consideration for
the awarding of this contract, to pay the Owner the sum of Three Hundred & NOll 00 ($300.00 )Dollars, not
as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every
calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing
the work.
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The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the
impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner. would, in
such event, sustain, and said amounts shall be retained from time to time by the Owner from current
periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and the
specifications wherein a defmite portion and certain length of time is fixed for the additional time is allowed
for the completion of any work, the new time limit fixed by extension shall be the essence of this contract.
ARTICLE m - PAYMENT
(E) The Contract Sum
The Owner shall pay to the contractor for the performance of the Contract the amount as stated in the
Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the
specifications attached hereto.
(B) Progress Payment
On no later than the fifth day of every month, the Contractor shall submit to the Owner/Engineer an estimate
covering the percentage of the total amount of the Contract which has been completed from the start of the
job up to and including the last working day of the preceding month, together with such supporting evidence
as may be required by the Owner and/or the Engineer. This estimate shall include only the quaptities in
place and at the unit prices as set forth in the Bid Schedule.
On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous
payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The
10% retained percentage may be held by the Owner until the fInal completion and acceptance of all work
under the Contract.
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer
shall within 10 days made such inspection, and when he finds the work acceptable WIder the
Contract and the Contract fully performed, he will promptly issue a final certificate, over his own
signature, stating that the work required by this Contract has been completed and is accepted by him
under the terms and conditions thereof, and the entire balance found to be due the Contractor,
including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after
the date of said final certificate.
(B) Before fmal payment is due, the Contractor shall submit evidence satisfactory to the Engineer that
all payrolls, material bills, and other indebtedness connected with work have been paid, except that
in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when
adjudicated in cases where such payment has not already been guaranteed by surety bond.
A-2
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(C) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner,
other than those arising from unsettled liens, from faulty work appearing within 12 months after final
payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also
constitute a waiver of all claims by the Contractor except those previously made and still unsettled.
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(D) If after the work has been substantially completed, full completion thereof is materially delayed
through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification
of the Engineer, and without tenninating the Contract, make payment of the balance due for that
portion of the work fully completed and accepted. ..
(E) See Below
. Each payment shall be made under the terms and conditions governing final payment, except that it shall not
constitute a waiver of claims.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each
of which shall be deemed an original, in the year and day first mentioned above.
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BLAIR CONSTRUCTION, INe
~ ~~
By:(lJ~R,~..W. . ',.
As its .'. 'pr7~~c:..:rn=Arr
(SEAL)
'.' -. ;->.. 1
ATTEST:
~;t!; '7:tl 0+..
r~'j~.~. ~...L~
Witness. .
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Address:
PO Box 770
EvanS GA 308.09
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.: - :... ................ -
.n . '" -,-,.--,;,-.:":-:::,u7".:" -;--<..y -:~ '-.., ,
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(E) Notwithstanding any provision of the General Conditions, there shall be no substitution
(H':;~.-:":'9f materials' or change'rn means, methods, techniques, sequences' or procedures of .
.. :construction that are not determined to be equivalent to those'indicated or required in the
Contract Document, without an Amendment to the Contract.
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THE AMERICAN INSTITUTE OF ARCHITECTS
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929 101 761
,.../,... Document ,...311
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Performance Bond
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KNOW ALL MEN BY THESE PRESENTS: that Blair Construction, Inc.
(Ht't In'fll IIJIl ",mr .nd .dd"" 01 I".l 'II', 01 Conlt.CIOI,
PO Box 770, Evans, Georgia 30809
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as Principal, herelnaft~r c..lled Contractor, and, National Fire Insurance Company of
IH". In'f" 11.111 nun.. .nd .dd"u 0' "1.1 "I'" of 1"""."
Hart~ord, CNA Plaza, Chicago, Illinois 60685
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;as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County
(HUt In"tt (\Ill n.m, .nd .ddtt" O( "1.1 1111, 01 Ownr'/
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Commission-Council, 530 Greene St,/Municipal Building, Augusta, GA 30911
as Obligee, hereInafter called Owner, in the amount of Eight Hundred Ninety-Six Thousand
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Seven Hundred Eleven and 02/1 OOs-----------____ Dol/ars ($ 896,711.02 ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators.
successors and assigns, jointly and severally, (irmly by these presents,
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WHEREAS,
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Contractor has by written agreement dated
(Hut inUII lull nom., oddrtll ond d"(llplion or proj<ell
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, entered into a contract with Owner for
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Bedford Heights Water & Sewer Improvements
in accordance with Drawings and Specifications prepared by
1206 Interstate Parkway, Augusta, GA 30909
James G. Swift & Associates
IHrl' In"" '\111 "'.m, .nd .dd't\1 0' 1,&.1 1111, 01 Atcro.llfCl.
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which contract is ,by reference made a part hereof, and is hereinafter referred to as the Contract.
ClSq: ~. ~. ~p~~ CAresicB1t~t
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AlA DOCUMfNT A311 . rERrOR,~\ANCE BOND AND lABOR AND ^\A TfR'Al PAYMENT Rn,,-,{) . AlA ~
,I ESRUAR\' ,~'O (0 . THE AMrRIC"'" INSTITUTE or ARCHI1(Cl '. I" I, ". Y ^'" . N w. W^~HIN(. It IN, 0 C 10<:iQl,
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PERFORMANCE BOND
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"'lOW. THflHOtf. TH( CO"'lOITIO"'l 0' THIS O.lICiATION If IUC" I"~I. if ConlrHlor 1".11 promplly and '.il"'u."V p~r'orm
~ ~ I C c:::"'.:: ~ c '" :~. t'" : ~ t \ C C ! I S d ~ 10"'" \ h J II be r'l v! I d"'" d .~ \). (! c 1 ~ r ' ,.. ' ., (' '\ " J . I . r" ..... J . ... ... I ,. I,. II ... oj ~ ~ ,. .. .
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Tht Su~ty t,ereby waives nollce of any allerallon or
ellcn~lon o( lime mide by Ihe Owner.
Whenever Conlraclor shall be, and declared by Owner
:0 be If' de(~ull under Ihe Conlr~CI. the Owner haVing
performed Owner', obligalionl Ihereunder, Ihe Surt'IY
m.y promplly remedy Ihe delaull. O( sh~11 promplly
" Comp/elc l"c Conl"Cl in Hcord.ncc wil" ill Ir,ml
.nd condilionl, or
21 Obc,in I bid or bid, 'or completing t"c ConlrHI In
accord.nce wllh III lerml .nd condition\. and upon de.
lerminallon by Surely o( Ihe lowell relPonllble bidder
or, if Ihe Owner elecll, upon determln.tlon by Ihe
Owner .nd lne Surely joinlly of Ihe lowell relponslble
bidder, .rr.nge 'or. conir,,1 belween IVcn bidder ~nd
Owner. .nd m.l:e n.il.ble aI Work prOgrellCl levt'''
though there Ihould be . deliull or . luccelSlon o(
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S/sned And rt'lled .tt,ls
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aLA d~__ ~.~~~~
~ (Wilnf'~.\'
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day of
def.ull\ under I"e conlracl or con~r.cl) of completion
II , , J n gee V n de' : l-., \ ;J d I .; ~ f Ii :: ~- . '" ;J. -: II.: "" '.. ~ d ~ 'r: ;:; \1 ~
COil of compl~lion le\1 the b.l.nce or Ih~ conlr.CI price
bur nOI l'xCl'l'din~ ,nrlud,n~ nlhpr ((")111 ind ddm~cr',
10' ........ h f ('"' r rl f ) u I t' 'y' m.J. 0 (, :, '" r; ( "(' I t' \J '", t.: I: f ' n r J f"r.~. ~
\~l 'orjh ," Ihto (1,\1 1}.J',,~jJ::-J"" ....~,('of TMto lp'm D.IJ'"
o f I h r ton I , 4 (I D" \. r J \ u \ t' a ,"'" I h ,\ D J ' . g , 4 P r, \ r. "
me~n Iht' 101'\ amounl p~~,blt' b~ O_n,( 10 ConlrH'r:,'
u " d ~ , I h f' CO" I , ~ C I . f"'I d . t"'\ Y J N"\ r n d N"\ f' " I , I h f' , f' I (') . ~ ,. '. '.
'he ~moun' P'Opetly p"d by O.....nr' 10 ConlrH lor.
Any \U.l \J"d~r In" bond ~u"f rJ~ ,,...f,!llu1ed i:)l!"'~.''''
I h t' e l 0 , t ~ I . 0 n 0 I I w 0 ! II .. e ~ (\ '. ~J m :" e .~ d : e () '. ~.
fln~I'paymenl undet I~f CC""J,I 'jl \ e"e
NOli g h lOr ~ C 110" \ n d II d (( , ., e ::>,.. I ~ , J n" C ,~ ~:'
I h l' u \ l' 0 I d n)' D l' t \ 0 ", "', . .::.::.:. J . .. . " f' '~.-
Ownr' I"'\dm~d hr'r."'" ...... '~t ~(' 'I, f'1~' .'a'" .e......
l'dlOll 01 IU(Cl'llorl 0' 1Me O",,,l' ,
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Blair Construction, Inc. ' . _
1 '('lIn\ 'fI,111 0 .......~ i:~ ;::' ,,''OJ:
uJ.Q~~.~,~ ~_0:<';
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National Fire Ins"urcirice:'Company
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B=: p~' ',"iI,-1
of Hartford
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Atto~~ey-in-Fact
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4'4 C>OC'Ulo4f~T -')" . ~IH()RI,.\"'NCI BONO ~"ID \"'8(111 ~"I0 I,.\UrRI~1 P'Y~""Ir ~1"J"1 .
. ! A.... ....:, . n . . ~.' . r.." ( .. ....l to. ... ....... ',) ~ 1 ' \..... 1 l 1'1 ...... " '"
III
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THE AMERICAN INSTITUTE OF ARCHITECTS
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AlA Document A311
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Labor and Material Payment Bond
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THIS BONO IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BONO IN FAVOR OF THE
OWNER CONDITIONED ON THE FUll AND FAITHFUL PERFORMANCE OF THE CONTRACT
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KNOW ALL MEN BY THESE PRESENTS: that Blair Construction, Inc.
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PO Box 770, Evans, Georgia 30809
(Hert in~ttl lull n,me .nu HJdrtu or Ir&~l llllt 0; ConllHl0/j
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as Principal, hereinafter called Principal, and, National Fire Insurance Compa.ny of
(Heft in\trt full nlme .nd .ddrfU or IrCll lillt' of Sultt'(l
Hartford) CNA Plaza, Chicago, Illinois 60685
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as' SuretY, hereinafter called Surety, are held and fj'rmly bound unto Augusta-Richmond County
IHue iMe" full Mme .nd add/tll or lesal Illle 01 Owne'j
Commission~Council, 530 Greene St./Municipal Building, Augusta, GA 30911
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as Obligee. hereinafter called Owner, for the use and benefit of claimants as hereinbelow ddined. in the
Eight Hundred Ninety-Six Thousand Seven Hundred
amount of Eleven and 02/l00s
.. (He,e Inse,l a sum equ.1 10 al lelll. one.h.lf- 0/ Ihe conlrHI prict) Do IIa rs ($ 896, 711; 02 ),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents,
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WHE'REAS,
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Principal has by written agreement dated
(Here Inse,1 'ull name, add,elS ~nd deSCrlplion 01 project)
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, entered into a contract with Owner for
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Bedford Heights Water & Sewer Improvements
in accordance with Drawings and Specifications prepared by James G. Swi f t & Associ a tes..
. (Hcre inlCI' full n.me and add,ell 0' leg.1 tille or Archdtcll
1206 Interstate Parkway, Augusta, GA 30909 . .
.
.
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract
AlA [)OCUMfNT A311 . PERFORMANCE BONO AND lABOR AND MATERIAL PAY,'vIENT BOND . A'A @
FEBRUARY 1970 ED.' THE AMERICAN INSTITUTE Of i\RCHIHCTS, 17); NY AVE., N W., WASHINCTON, 0 C. 20006
')
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WARNING: UnllcenMCl photocopying vloletes U,S, copyright 1_ end Ie eubleet to l1tgel prosecution,
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LABOR AND MATERIAL PAYMENT 80:'-.0
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....Ow. TIl!ltroW!. THI CONOITI(')N 0' THIS OlllCATI(')N i, su<:" Ilul, I( Princlp~1 ,,,~1t promplly molte ~~ymenl 10 all
cl~.m~1'I11 J\ he'e'I'IJfler defined, (01 ,1I1~bol ~nd m,II('II;iI uI~d 0' ICl\onlb1y ,equ;'cd Inl '~'e ," ,he PCrlO"'''F''~~ ~I 'r--e
COI'IIIH.i. I',cn Ihll oblis~tion I"~II be void: Olherwi\e il IhJll/cmaln i('\ fulllolce ~('\d eKecl. lublecl. ho.....evcl. 10 I"e 101
lowin~ conditions;
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" ^ (I~im~nt h denned u on. hIving a dlrecl (on.
I/HI wilh Ihe PrincipII or wilk I SubcOnllHlor o( Ihe
PIII'IC.rHI fUI IJuoI. m~leri,l, or bOlh, uled or reJlonJbly
ICQvircu 101 "Ie i('\ the pcrlorm~l'Ice of the (O('\IIJeI.
',bor ,nd. mJll'flJI bein~ conslrued 10 Include IhJI pJrl o(
....JIII. G~\ 00.....el. lighl. hc,l. oil, Iluoli('\e. 1e.'I"'rho('\e
Itlyje, (JI ,t"'JI 01 e.'qvirmtnl dir~Clly ,ppl.ioble 10 ,lit
COflllHI.
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1. The ~b(')ve I'IJmeJ I'rincipal and Surely herchy
}('),nliy ~nl,; \cI.el,lly ~~ree wilh Ihe Ownl'r IhJI eV~IY
cl~lm~nI/JI I,c/cin defined, who hJS nOI ueen r~irl in
1\,111 belolc IlIc elpi,~tlOI'l of l period (')( l'Iin~ly (9())
c1~YI .dlrt 'I1C uJiC on which Iho lilt 01 Illch cl.l;m,IIII'i
wor'" 01 I~ool 1....1I done or prrlormed, or m.1ltliJII wrlr
fVlnilhcd b" Ivch c',imJnl, m~y lve on Ihi\ bond 101
I~e Vlt or Ivcn cl~im~nl. prn\tcvle Ihe luil 10 IjnJI
tvds.menl 101 luch lum or Hlm\ ~I m~y be jUllly due
cl,imJnl. ~nc.J h.lye er<'l'ulion Ihereon. The Owner II\~II
nOI be liJble lor Ihe p~ymenl 01 ~ny COlli or eX('letllC'1
01 Hly III'" Ivi!.
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3. Nn suit or action IhJII b~ comm.nced hereundl.r
by ~~y ,/~imJnl:
~I Unl." c1~im~nl. olner In;)n un, n~vlnB ~ direCI
conlrHI wit'" l"'e Princirnl, IhJl1 k~Ye given wr;\le(l
1'\01.ee 10 JI\v IwO o( the ((;llowinl;: Ine f'li('\cipJI. Ih(.'
Owntr, 01 Ihe.' SVltly Jbove n~meci, witnin nintly (901
dJyl Jller ludl clJ,mJnl did or performed Ihe IHI 01
lhe work Of I~h(')r. or lurnilhed Ihe I~SI o( Ihe malefiJI\
lor whiCh \~id cllim il mJde, SI~lins wilh lubSlanliJI
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SICntd and '-O~ltd tkls
dlY or
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etAAk..J~'~A~r-
.. /Wilnl'ul
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7/11 /1~ s:z:.~ 1.)
\.. / nC'\.I)
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HCU"Cy Ine ;)mounl cl~imec1 ~nd Iht n~me or Iht pUly
10 whom Ine mlleliJls wc" 1',l!n'lhe'J v' (0' .....hol"'"
Ine wOlk or I,bor WJj donv 0' ne,(olmcr' Such nOl,n
\ h ~ II b tit 1\' C d by m ~ i , . ('I b !! .. e \ .\ m C by' \' b ' \ I e ,ed m l . ;
Of C e r1 i Ii c d m, i I, pOI I J S e r' r (ll . d, in J" e" y e lOp t ~ d,
d f e I \ e d 10 I h e P t i" e. p J I. 0 ~,,~, 0' S u' C '., l' J".' o! ~ e e
",heft In oll.ec il le~vlJt'v "'J''''J''''''c1 10' 'ne "~"I'
,Ction of bVl,nel1, 0' Ie.""cd ,n J"Y mJ""CI ,,, _n.e"
lei" proc,ss may b. ,,,ved ,n Ihe 11~le ,n which th.
~(oreuid projeCl is lOCI 1 ed, IJve Ih.11 luch Itrvi" need
1'101 be mJde by ~ public orr,c l"
b) ^tlcr Ihe eXpilJI.on nl (I"~ ill vC')' ,.,/I(.J......"b !I'e
dllC on which Pr;nc'nJI C\',I\,I' WO,l 0" ,.,.u CO."!fIC'
II U e i 1'1 b v (I d c r \1 n n d. h owe.,,' ;')" { l" ,. I., '" 'll, 0 n t""'.
budiC'd in Ihil bnnd il p,ul":J"r.:; flv J"y I..,. conItO:/."'b
Ihe conl/l"CIIO" hcreof \\lCI' '....,")1'1'1" ,h.,II 'IC Mee""~C
10 be JmentJriJ \0 Jl 10 bc C':" ,I '(I Ih~ ""'."'"'U''' ~e":)O:::
uf lim"JI,O" perm'IICc1 Uy \\,1',1, I.,~
CJ Olh"r IhJn .n J )IJle COII" III compel""1 Ivl'IO'CI.O"
In J n d lor II \ e co u n 1 y 01 0 Ii \ l. I pol i II c .1 , \ U () d I Y I ~'o n 0 i
Ihe l"le in which Ih. PrOleCt, or 'ny PJrl Ihertol, ;1
silu~led, or In Ih. Uniled SI~ICI Oil/rl" Courl lor In.e'
di\lficl in which Iht' ProjeCI. 01 Jny pJfl Ihereof. is \il'
u~lcd. ~nd not ellewh.re.
~ Tne Jmount or I}-,il h(1f'\L" Iiq'l b~ 'rclvcC'd by ~nc1
10 Illl' C' xl C' n I 0 ( ~ n y p J Y m C' r'I 1 n J y m C' " . \ I\'.,) (I C I f"\ ~ C 0 C
Ililh IIcIC'u"dtr. i('\clu;.ye 01 "'C DJymc", I\V S...JfC"( 0'
mechJnlCI' lienl which mJv bc filed 01 Ircold Ib~ln\1
IJ.,d improvemenl, whelhel ')1 "01 ctJim (01 Ihe lmo<,;r.'
of such lien be prelenled '..i~Cel lnc 19l,n" .h,\ :lond
,g
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Blair Construction, Inc.
CI'r;nc;rJ1j
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u!L..D.L. "'
r<
.:::::-\.,.~ .......~:.
Ii -r' _: ,';: ~-::;.. :::::!. /"
'~~~rt~
- ..... -...
~
National Fire Insurance Company of Hartford
(SlIfI'lyl IM.I,
! EHLA .
Buck Lei9;:~~
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
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Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constiMe and appoint
James D. Thaxton, Theodore J. Marek, Buck Leigh, G. A. Weathersby, Individually
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of Columbia, South Carolina
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
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and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and
all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof,
duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 7th day of May 1998
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CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
A1;;;:t;~~G' PENNSYLVANIA
Marvin J. Cashion
Group Vice President
State of Illinois, County of Cook, ss:
On this 7th day of May 1998 ,before me personally came
Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the
seals of said corporations; that the seals affixed to the said instrument are such Corporate seals; that they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to
be the act and deed of said corporations.
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My Commission Expires March 6, 2000
CERTIFICATE
Mary Jo Abel
Notary Public
I, Mary A. RibikawskisMary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation
printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said
corporations
this day of
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(Rev.10/1/97)
CONTINENTAL CASUAL TV COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
~a~
Mary A. RibikawskisMary A.
Ribikawskis
Assistant Secretary
Authorizing By-Laws and Resolutuons
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article IX-Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations
set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior
or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact.<<
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and
certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and
binding on the Company:
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article VI--Execution of Obligations and Appoinbnent 011 Attorney-in-Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations
set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time
revoke all power and authority previously given to any attorney-in-fact. <<
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and
certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and
binding on the Company:
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by
the Board of Directors of the Company.
"RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time
to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective
certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attorney-in-Fact.<<
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile
to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or
undertaking to which it is attached, continue to be valid and binding on the Corporation."
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SECTION COA
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned , the authorized and acting legal
representative of Augusta-Richmond County Commission do hereby certify as follows:
I have examined the attached Contract( s) and surety bonds and the manner of execution
thereof, and I am of the opinion that each of the aforesaid agreements has been dilly executed by the
proper parties thereto acting through their duly authorized representatives; that said representatives have
full power and authority to execute said agreements on behalf of the respective parties named thereon;
and that the foregoing agreements constitute valid and legally binding obligations upon the parties
executing the same in accordance with the terms, conditions and provisions thereof.
DATE:
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SECTION NP
NOTICE TO PROCEED
TO: Blair Construction, Inc.
DATE:
PROJECT: BED FORD HEIGHTS (Water & Sewer System Improvements)
You are hereby notified to commence work in accordance with the Agreement dated _
, 1999, within Ten (10) calendar days following this date, the date first written above, and you
are to complete the work within 270 consecutive calendar days after the date of this notice. The date set
for completion of all work is therefore
. 2000.
BY:
TITLE:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby
accepted on this day of , 1999.
BY:
TITLE:
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GENERAL CONDITIONS
ARTICLE I--DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have
the meanings indicated which are applicable to both the singular and plural thereof:
Addenda - Any changes, revisions of clarifications of the Contract Documents which have been duly
issued by COUNTY to prospective Bidders prior to the time of opening of Bids.
Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be
performed: other Contract Docwnents are attached to the Agreement and made a part thereof as provided
therein.
Applicationfor Payment - The form accepted by PROFESSIONAL which-is to be used by CONTRAC-
TOR in requesting progress or final payments and which is to include such supporting.docwnentation
as is required by the Contract Docwnents.
Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for
the Work to be performed.
Bonds - Bid, performance and payment bonds and other instruments of security furnished by
CONTRACTOR and its Surety in accordance with the Contract Documents.
Change Order - A document recommended by PROFESSIONAL, which is signed by CONTRACTOR
and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the
Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement.
Contract Documents - The Agreement, Addenda (which pertain to the Contract Docwnents),
CONTRACTOR's Bid (including docwnentation accompanying the Bid and any post-Bid documenta-
tion submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds,
these General Conditions, the Supplementary Conditions, the Plans, Specifications and the Drawings
as the same are more specifically identified in the Agreement, Certificates of Insurance, Notice of
A ward, and Change Order duly delivered after execution of Contract. together with all amendments,
modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 or after the Effective Date of
the Agreement.
Contract Price - The moneys payable by OWNER to CON-TRACTOR under the Contract Documents
as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work).
Contract Time - The number of days (computed as provided in paragraph 17.2) or the date stated in the
Agreement for the completion of the Work.
CONTRA CTOR - The person, firm or corporation with whom OWNER has entered into the Agreement.
COUNTY - Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of
Georgia, the Augusta-Richmond County Commission, and its authorized designees, agents, oremployees.
Day _ Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall
on a legal holiday that day will be omitted from the computation, Legal Holidays: New Years Day,
Martin Luther King Day, Memorial Day, 4th ofJuly, Labor Day, Veterans Day, Thanksgiving Day and
the following Friday, and Christmas Day.
Defective _ An adjective which when modifying the word Work refers to Work that is unsatisfactory,
faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements
of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been
damaged prior to PROFESSIONAL's recommendation of fmal payment, unless responsibility for the
protection thereof has been assumed by OWNER at Substantial Completion in accordance with
paragraph 14.8 or 14.10).
Drawings _ The drawings which show the character and scope of the Work to be performed and which
have been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents.
Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of the
Augusta, Georgia.
Field Order - A written order issued by PROFESSIONAL that modifies Drawings and Specifications,
but which does not involve a change in the Contract Price or the Contract Time.
General Requirements - Sections of Division I of the Specifications.
Laws and Regulations: Laws or Regulations-Laws. rules, regulations, ordinances, codes and/or orders.
Notice of Award - The written notice by OWNER to the apparent successful bidder stating that upon
compliance by the apparent successful bidder with the conditions precedent enumerated therein, within
the time specified, OWNER will sign and deliver the Agreement.
Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to
PROFESSIONAL) fixing the date on which the Contract Time will commence to run and on which
CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents.
OWNER - Augusta, Georgia, and the Augusta-Richmond County Commission.
Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended
for a related purpose) before reaching Substantial Completion for all the Work.
Professional- The Architectural/Engineering firm or individual or in-house licensed person designated
to perform the design and/or resident engineer services for the Work.
Project _ The total construction of which the Work to be provided under the Contract Documents may
be the whole, or a part as indicated elsewhere in the Contract Documents.
GC-1
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Project Area - The area within which are the specified Contract Limits of the improvements
contemplated to be constructed in whole or in part under this Contract.
Project Manager - The professional in charge, serving COUNTY with architectural or engineering
services, his successor, or any other person or persons, employed by said COUNTY, for the purpose of
directing or having in charge the work embraced in this Contract.
Resident Project Representative - The authorized representative of PROFESSIONAL who is assigned
to the site or any part thereof.
Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically
prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations,
brochures, standard schedules, performance charts, instructions, diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some
portion of the Work.
Specifications - Those portions of the Contract Documents consisting of written technical descriptions
of materials, equipment, construction systems, standards and workman-ship as applied to the Work and
certain administrative details applicable thereto.
Subcontractor - An individual, firm or corporation having a direct contract with CONTRACTOR or with
any other SUBCONTRACTOR for the performance ofa part of the Work at the site.
Substantial Completion - The Work (or a specified part thereof) has progressed to the point where, in
the opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work
(or specified part) can be used for the purposes for which it is intended, or if there be no such certificate
issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially
complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof.
Supplementary Conditions - The part of the Contract Documents which amends or supplements these
General Conditions.
Supplier - A manufacturer, fabricator, supplier, distributor, materialman or vendor.
Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels
or other such facilities or attachments, and any encasement containing such facilities which have been
installed underground to furnish any of the following services or materials, electricity, gases, steam,
liquid petroleum products, telephone or other communications, cable television, sewage and drainage
removal, traffic or other control systems or water.
Unit Price Work - Work to be paid for on the basis of unit prices.
Work - The entire completed construction or the various separately identifiable parts thereof required
to be furnished under the Contract Documents. Work is the result of performing services, furnishing
GC-2
labor and furnishing and incorporating materials and equipment into the construction, and furnishing
documents, all as required by the Contract Documents.
Work Directive Change - A written directive to CONTRACTOR, issued on or after the Effective Date
of the Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an
addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions
under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under
paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but
is evidence that the parties expect that the change directed or documented by a Work Directive Change
will be incorporated in a subsequently issued Change Order following negotiations by the parties as to
its effect, if any, on the Contract Price or Contract Time as provided in Article 10.
Written Amendment - A written amendment of the Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the
non-engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents.
GC-3
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ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall
also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with .
these Contract Documents.
Copies of Documents:
2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at no cost, one (1)
complete set ofthe Contract Documents for execution of the work. Additional sets of the project manual
and drawings and/or individual pages or sheets of the project manual or drawings will be furnished by
COUNTY upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's
standar4 charges for printing and reproduction.
Commencement of Contract Time, Notice to Proceed:
2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed
may be given at any time after the Effective Date of the Contract.
Starting the Project:
2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work
shall be done prior to the date on which the Contract Time commences. Any Work performed by
CONTRACTOR prior to date on which Contract Time commences shall be at the sole risk of
CONTRACTOR.
Before Starting Construction:
2.5. Before undertaking each part of the Work. CONTRACTOR shall carefully study and compare
the Contract Documerits and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict,
error, ambiguity, or discrepancy' which CONTRACTOR may discover and shall obtain a written
interpretation or clarification from PROFESSIONAL before proceeding with any Work affected thereby.
CONTRACTOR shall be liable to OWNER for failure to report any conflict, effort, ambiguity or
discrepancy in the Contract Documents, if CONTRACTOR knew or reasonably should have known
thereof.
;,
2.6. Within ten days after the Effective Date of the Agreement unless otherwise specified in the
General Requirements), CONTRACTOR shall submit to PROFESSIONAL AND PROJECT
MANAGER for review:
2.6.1. an estimated progress schedule indicating the starting and completion dates of the various
stages of the Work:
GC-4
2.6.2. a preliminary schedule of Shop Drawing and Sample submissions: and
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2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices
of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments during constmction. Such prices will include an
appropriate amount of overhead and profit applicable to each item of Work which will be confIrmed in
writing by CONTRACTOR at the time of submission.
2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies
to each additional insured identified in the Supplementary Conditions, an original policy or certified
copies of each insurance policy (and other evidence of insurance which COUNTY may reasonably
request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5.
Pre-construction Conference:
2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, Project
Manager, Professional and others as appropriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules referred to in 2.6, procedures for handling
Shop Drawings and other submittals, processing applications for payment and maintaining required
records.
Finalizing Schedules:
2.9. At least ten days before submission of the first Application for Payment a conference attended
by CONTRACTOR, PROFESSIONAL and Project Manager and others as appropriate will be held to
fmalize the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an
additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit
the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted
to and acceptable to Project Manager and PROFESSIONAL as provided below. The finalized progress
schedule will be acceptable to Project Manager and PROFESSIONAL as providing an orderly
progression of the Work to completion within any specified Milestones and the Contract Time, but such
acceptance will neither impose on PROFESSIONAL responsibility for the sequencing, scheduling or
progress of the Work nor interfere with or relieve CONTRACTOR from full responsibility therefor, The
finalized schedule of Shop Drawing submissions and Sample submissions will be acceptable to
PROFESSIONAL as providing a workable arrangement for reviewing and processing the submissions.
CONTRACTOR's schedule of values shall be approved by PROFESSIONAL as to form and substance.
CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible
for maintaining the schedule, including updating schedule. Schedule updates shall include progression
of work as compared to scheduled progress on work. Schedule updates shall accompany each pay
request.
GC-5
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ARTICLE 3-CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are complementary: what is called for by one is as
binding as if called for by all. The Contract Documents will be construed in accordance with the law
of the State of Georgia.
3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or
equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or
trade usage as being required to produce the intended result will be supplied whether or not specifically
called for. When words or phrases which have a well-known technical or construction industry or trade
meaning are used to describe Work, materials or equipment, such words shall be interpreted in
accordance with that meaning.
3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions
of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or
discrepancy between the provisions of the Contract Documents and the provisions of any such standard,
specification, manual, code or instruction (whether or not specifically incorporated by reference in the
Contract Documents )and the provisions of any such Laws or Regulations application to the performance
of the Work (unless such an interpretation of the provisions of the Contract Documents would result in
violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall
be issued by PROFESSIONAL as provided in paragraph 9.4.
3.4. Reference to standards, specifications, manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard, specification, manual, code or Laws or
Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity
or discrepancy within the Contract Documents or between the Contract Documents and any provision
of any such Law or Regulation applicable to the performance of the Work or of any such standard,
specification, manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR
shall so report to PROFESSIONAL in writing at once and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from PROFESSIONAL; however,
CONTRACTOR shall not be liable to OWNER or PROFESSIONAL for failure to report any conflict,
error ambiguity or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge
thereof or should reasonably have known thereof.
GC-6
3.7.3. PROFESSIONAL's written interpretation or certification (pursuant to paragraph 9.4).
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Amending and Supplementing Contract Documents:
3.6. The Contract Documents may be amended to provide for additions. deletions and revisions in
the Work or to modify the terms and conditions thereof in one or more of the following ways:
3.6.1. a formal Written Amendment,
3.6.2. a Change Order (pursuant to paragraph 10.3), or
3.6.3. a Work Directive Change (pursuant to paragraph 10.4).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be
changed by a Change Order or a Written Amendment.
3.7. In addition. the requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized, in one or more of the following ways:
3.7.1. a Field Order (pursuant to paragraph 9.5).
3.7.2. PROFESSIONAL's approval ofa Shop Drawing or sample (pursuant to paragraphs 6.24 and
6.26), or
Reuse of documents:
3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have
or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents
(or copies oil any thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's
consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any
thereof) on extensions of the Project or any other project without written consent of OWNER and
PROFESSIONAL and specific written verification or adaptation by PROFESSIONAL.
GC-7
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ARTICLE 4-A V AILABILITY OF LANDS,
PHYSICAL CONDITIONS; REFERENCE POINTS
A vail ability of Lands:
4.1. OWNER shall furnish as indicated in the Contract Documents, the lands upon which the Work
is to be performed, rights-of-way and easements for access thereto, and such other lands which are
designated for the use of CONTRACTOR. Necessary easements or rights-of-way will be obtained and
expenses will be borne by OWNER. If CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times
as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, the
CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. The CONTRACTOR
shall provide for all additional lands and access thereto that may be required for temporary construction
facilities or storage of materials and equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for
identification of those reports of explorations and tests of subsurface conditions at or contiguous to the
site that have been utilized in preparing the Contract Documents, and those drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) that have been utilized in preparing the Contract Documents.
4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such
reports and drawings. Such "technical data" is identified in the Supplementary Conditions, Except for
such reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against
OWNER, PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including,
but not limited to, any aspects of the means, methods, techniques, sequences and procedures of
construction to be employed by CONTRACTOR and safety precautions and programs incident thereto,
or
4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such dr?wings, or
4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any
such data, interpretations, opinions or information.
4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface
or otherwise concealed physical conditions which differ materially from those indicated in the Contract
Docwnents or (2) unknown physical conditions of an unusual nature, which differ materially from those
ordinarily found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, then CONTRACTOR shall give COUNTY notice thereof
GC-8
promptly before conditions are disturbed and in no event later than 48 hours after first observance ofthe
conditions.
4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and,
ifthey differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required
for, performance of any part of the Work, the Project Manager and PROFESSIONAL shall recommend
an equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and
PROFESSIONAL determines that the conditions at the Site are not materially different from those
indicated in the Contract Documents or are not materially different from those ordinarily found and that
no change in the terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR
of the determination in writing. The Work shall be performed after direction is provided by the
PROFESSIONAL.
Physical Conditions-Underground Facilities:
4.3 .1. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the site is based on information and
data furnished to OWNER or PROFESSIONAL by OWNERs of such Underground Facilities or by
others. Unless it is otherwise expressly provided in the Supplementary Conditions:
4.3 .1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness
of any such information or data: and
4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR
shall have full responsibility for reviewing and checking all such information and data. for locating all
Underground Facilities shown or indicated in the Contract Documents. for coordination of the Work
with the OWNERs of such Underground Facilities during construction. for the safety and protection
thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost
of all of which will be considered as having been included in the Contract Price.
4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous
to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after
becoming aware thereof and before performing any Work affected thereby except in an emergency as
permitted by paragraph 6.22), identify the owner of such Underground Facility and give written notice
thereof to that owner and to OWNER and PROFESSIONAL. PROFESSIONAL will promptly review
the Underground Facility to determine he extent to which the Contract Documents should be modified
to reflect and document the consequences of the existence of the Underground Facility, and the Contract
Documents will be amended or supplemented to the extent necessary. During such time, CONTRAC-
TOR 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. Ifthe parties are unable to agree as to the amount or
length thereof, CONTRACTOR may make a claim therefor as provided in Articles II and 12.
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Reference Points:
4.4. OWNER shall provide Engineering surveys to establish reference points for construction which
in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established reference points and shall make no changes
or relocations without the prior written approval of OWNER. CONTRACTOR shall report to
PROFESSIONAL whenever any reference point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be responsible for the accurate replacement or
relocation of such reference points by professionally qualified personnel.
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Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
4.5 COUNTY shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings
or Specifications or identified in the Contract Documents to be within the scope of the Work and which
may present a substantial danger to persons or property exposed thereto in connection with the Work
at the site. COUNTY shall not be responsible for any such materials brought to the site by CONTRAC-
TOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible.
4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous
condition and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify
OWNER and PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall
promptly consult with PROFESSIONAL concerning the necessity for OWNER to retain a qualified
expert to evaluate such hazardous condition or take corrective action, if any, CONTRACTOR shall not
be required to resume Work in connection with such hazardous condition or in any such affected area
until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR
special written notice (i) specifying that such condition and any affected area is or has been rendered safe
for the resumption of Work, or (ii) specifying any special conditions under which such Work may be
resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or
extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage
or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either party
may make a claim therefor as provided in Articles 11 and 12.
4.7 If after receipt of such special written notice, CONTRACTOR does not agree to resume such
Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then CONTRACTOR may order such portion of the Work that is in connection with such
hazardous conditions or in such affected area to be deleted from the Work. If COUNTY and
CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in
Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may
make a claim therefor as provided in Articles 11 and 12. COUNTY may have such deleted portion of
the Work performed by COUNTY's own forces or others in accordance with Article 8.
4.7.1 The provisions of 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum,
Hazardous Waste or Radioactive Material uncovered or revealed at the site.
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ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal
to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's
obligations under the Contract Documents. These Bonds shall remain in effect at least until one year
after the date when final payment becomes due, except as otherwise provided by Law or Regulation or
by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the
Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Reputation or by the
Contract Documents and be executed by such sureties as are named in the current list of "Companies
Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable
Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts,
U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of
the authority to act.
Licensed Sureties and Insurers; Certificates of Insurance:
5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained
by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or
authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so
required. All bonds signed by an agent must be accompanied by a certified copy of authority to act.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified
in 5.3, an original or a certified copy of the complete insurance policy for each policy required,
certificates of insurance (and other evidence of insurance requested by OWNER or any other additional
insured) which CONTRACTOR is required to purchase and maintain in accordance with 5.3.
5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is located or
it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within five days thereafter
substitute another Bond and Surety, both of which must be acceptable to OWNER.
CONTRACTOR's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other
insurance as is appropriate for the Work being performed and furnished and as will provide protection
from claims set forth below which may arise out of or result from CONTRACTOR's performance and
furnishing ofthe Work and CONTRACTOR's other obligations under the Contract Documents, whether
it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or
indirectly employed by any ofthem to perform or furnish any of the Work, or by anyone for whose acts
any of them may be liable:
GC-ll
5.3.1. Claims under workers' or workmen's compensation. disability benefits and other similar
employee benefit acts;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of
CONTRACTOR's employees;
5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other
than CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by
any person as a result of an offense directly or indirectly related to the employment of such person by
CONTRACTOR, or (b) by any other person for any other reason;
5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located, including loss of use resulting therefrom;
5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury
or death of any person or for damage to property; and
5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising
out of the ownership, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include the specific coverages and be written
for not less than the limits of liability and coverages provided in the Supplementary Conditions, or
required by law, whichever is greater. The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insurance so required to be purchased and
maintained lot the certificates or other evidence thereof) shall contain a provision or endorsement that
the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty
days' prior written notice has been given to OWNER and PROFESSIONAL by certified mail. All such
insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR
may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In
addition, CONTRACTOR shall maintain such completed operations insurance for at least two years
after fmal payment and furnish OWNER with evidence of continuation of such insurance at final
payment and one veal thereafter.
Contractual Liability Insurance:
5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual
liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33.
Owner's Liability Insurance:
5.5. OWNER shall be responsi ble for purchasing and maintaining 0 WNER's own liability insurance,
and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance
as will protect OWNER against claims which may arise from operations under the Contract Documents.
GC-12
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Property Insurance:
5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and
maintain property insurance upon the Work at the site to the full insurable value thereof(subject to such
deductible amounts as may be pro-vided in the Supplementary Conditions or required by Laws and
Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors,
PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall be listed as
insureds or additional insured parties, shall insure against the perils of fire and extended coverage and
shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious
mischief, collapse and water damage, and such other perils as may be provided in the Supplementary
Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured
loss or incurred in the repair or replacement of any insured property (including but not limited to fees
and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). Ifnot covered
underthe "all risk" insurance or otherwise pro-vided in the Supplementary Conditions, CONTRACTOR
shall purchase and maintain similar property insurance on portions of the Work stored on and off the site
or in transit when such portions of the Work are to be included in an Application for Payment.
5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property
insurance as may be required by the Supplementary Conditions or Laws and Regulations which will
include the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND
PROFESSIONAL's consultants in the Work, all of whom shall be listed as insured or additional insured
parties.
5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be
purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a
provision or endorsement that the coverage afforded will not be canceled or materially changed or
renewal refused until at least thirty days prior written notice has been given to CONTRACTOR by
certified mail and will contain waiver provisions in accordance with paragraph of 5.11.2.
5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to
protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any
deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the
deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss
and if any of them wishes property insurance coverage within the limits of such amounts, each may
purchase and maintain it at the purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other special insurance be included in the property
insurance policy, OWNER shall, ifpossible, include such insurance, and the cost thereof will be charged
to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of
the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other
insurance has been procured by OWNER.
Waiver of Rights:
GC-13
5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages
caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6
and 5.7 and other property insurance applicable to the Work, and also waive all such rights against the
Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as
insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each
subcontract between CONTRA CTO R and a Subcontractor will contain similar waiver provisions by the
Subcontractor in favor of OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's
consultants and all other parties named as insureds. None of the above waivers shall extend to the rights
that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or
otherwise payable under any policy so issued.
5.ll.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6
and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages
caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect
that in the event of payment of any loss or damage the insurer will have no rights of recovery against
any of the parties named as insureds additional insureds, and if the insurers require separate waiver
forms to be signed by PROFESSIONAL or PROFESSIONAL's consultant OWNER will obtain the
same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be
adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may
appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER
shall deposit in a separate account any money so received, and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other special agreement is reached the damaged
Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and
the cost thereof covered by an appropriate Change Order or Written Amendment.
Receipt and Application of Insurance Proceeds:
5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one
of the parties in interest shall object in writing within fifteen days after the occurrence of loss to
OWNER's exercise of this power. If such objection be made, OWNER as trustee shall make settlement
with the insurers in accordance with such agreement as the parties in interest may reach. If required in
willing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give
bond for the proper performance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance
required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4
on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR
in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance
with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions
of the policies of insurance required to be purchased and maintained by OWNER in accordance with
GC-14
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paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CON--
TRACTOR 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 fmds 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 canceled or lapse on account of any such
partial use or occupancy.
Indemnification:
5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY and its employees and agents
from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including
attorneys' fees, arising out of or resulting from the performance of its Work, provided that any.such
liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of tangible property, including the loss of use resulting
therefrom and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any
Subcontractor, anyone directly or indirectly employed by and of them, or anyone for whose acts any of
them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a
party indemnified hereunder.
5.16.2. In any and all claims against COUNTY or any of its agents or employees by any employee
of CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them,
or anyone for whose acts any of them may be liable, the indemnification obligation under the previous
paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits
payable by or for CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts,
disability benefit acts, or other employee benefit acts.
5.16.3. CONTRACTOR shall indemnify and hold harmless COUNTY and anyone directly or
indirectly employed by it from and against all claims, suits, demands, damages, losses expenses
(including attorney's fees) arising out of any infringement or patent or copyrights held by others and
shall defend all such claims in connection with any alleged infringement of such rights.
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ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be
responsible for the negligence of others in the design or specification of a specific means, method,
technique, sequence or procedure of construction which is shown or indicated in and expressly required
by the Contract Documents. CONTRACTOR shall be responsible to see that the fmished Work complies
accurately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident
superintendent, who shall not be replaced without whiten notice to OWNER and PROFESSIONAL
except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative
at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the
superintendent shall be as binding as if given to CONTRACTOR.
Labor. Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the
Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all
times maintain good discipline and order at the site. Except in connection with the safety or protection
of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in
the Contract Documents, all Work at the site shall be performed during regular working hours, and
CONTRACTOR will not permit evening work or the performance ofW ork on Saturday, Sunday or any
legal holiday without OWNER's written consent given after prior written notice to PROFESSIONAL.
6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and
assume full responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary
facilities and all other facilities and incidentals whether temporary or permanent necessary for the
execution, testing, initial operation, and completion of the Work as required by the Contract Documents.
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided m
the Contract Documents. Ifrequired by PROFESSIONAL, CONTRACTOR shall furnish satisfactory,
evidence including reports of required tests) as to the kind and quality of materials and equipment. All
materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned
in accordance with the instructions of the applicable Supplier except as otherwise provided in the
Contract Documents; but no provision of any such instructions will be effective to assign to
PROFESSIONAL, or any of PROFESSIONAL's consultants, agents or employees, any duty or authority
to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake
responsibility contrary to the provisions of paragraph 9.14 or 9.15.
GC-16
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in
paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments;
these will conform generally to the progress schedule then in effect and additionally will comply with
any provisions of the General Requirements applicable thereto.
Substitutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier the naming of the item is
intended to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted
by PROFESSIONAL if sufficient information is submitted by CONTRACTOR to allow PROFES-
SIONAL to determine that the material or equipment proposed is equivalent or equal to that named. The
procedure for review by PROFESSIONAL will include the following as supplemented in the General
Requirements. Requests for review of substitute items of material and equipment will not be accepted
by PROFESSIONAL from anyone other than CONTRACTOR. ]f CONTRACTOR wishes to furnish
or use a substitute item of material or equipment, CONTRACTOR shall make written application to
PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will perform adequately
the functions and achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application will state that the
evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement
of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will
require a change in any of the Contract Documents (or in the provisions of any other direct contract with
OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with the Work is subject to payment of any license
fee or royalty. All variations of the proposed substitute from that specified will be identified in the
application and available maintenance, repair and replacement service will be indicated. The application
will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance
of such substitute, including costs of redesign and claims of other contractors affected by the resulting
change, all of which shall be considered by PROFESSIONAL In evaluating the proposed substitute,
PROFESSIONAL may require CONTRACTOR to furnish at CONTRACTOR's expense additional data
about the proposed substitute.
6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in
or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means,
method, sequence, technique or procedure of construction acceptable to PROFESSIONAL, if
CONTRACTOR submits sufficient information to allow PROFESSIONAL to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure
for review by PROFESSIONAL will be similar to that provided in paragraph 6.7.1 as applied by
PROFESSIONAL and as may be supplemented in the General Requirements.
6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed
substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered,
installed or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by
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either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish
at CONTRACTOR's expense a special performance guarantee or other surety with respect to any
substitute. PROFESSIONAL will record time required by PROFESSIONAL and PROFESSIONAL's
consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the
Contract Documents occasioned thereby. Whether or not PROFESSIONAL accepts a proposed
substitute. CONTRACTOR shall reimburse OWNER for the charges of PROFESSIONAL and
PROFESSIONAL's consultants for evaluating each proposed substitute.
Concerning Subcontractors. Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2). whether
initially or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection.
CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or
organization to 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 PROFESSIONAL and if CONTRACTOR has submitted
a list thereof in accordance with the Supplementary Conditions, OWNER's or PROFESSIONAL's
acceptance (either in writing or by falling to make written objection thereto by the date indicated for
acceptance or objection In the bidding docwnents or the Contract Docwnents} of any such Subcontrac-
tor, 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
PROFESSIONAL of any such Subcontractor, Supplier or other person or organization shall constitute
a waiver of any right of OWNER or PROFESSIONAL to reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and
omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing
any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Docwnents shall
create any contractual relationship between OWNER or PROFESSIONAL and any such Subcontractor,
Supplier or other person or organization, nor shall it create any obligation on the part, of OWNER or
PROFESSIONAL to payor to see to the payment of any moneys due any such Subcontractor, Supplier
or other person or organization except as may otherwise be required by Laws and Regulations.
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 Sub-contractor will be pursuant to an
appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the
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Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of
OWNER and PROFESSIONAL and contains waiver provisions as required by paragraph 5.11.
CONTRACTOR shall pay each Subcontractor a just share of :my insurance moneys received by
CONTRACTOR on account oflosses under policies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the
use in the performance of the Work or the incorporation in the Work of any invention, design, process,
product or device which is the subject of patent rights or copyrights held by others. CONTRACTOR
Shall indemnify and hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly
employed by either of them from and against all claims, damages, losses and expenses including
attorneys' fees and court and arbitration costs arising out of any infringement of patent rights or
copyrights incident to the use in the performance or the Work or resulting from the incorporation in the
Work of any invention, design, process, product or device not specified in the Contract Documents, and
shall defend all such claims in connection with any alleged infringement of such rights.
Permits:
6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental
charges and inspection fees, and all public utility charges which are applicable and necessary for the
execution of the Work. All permit costs shall be included in the base bid. Permits, if any that are
provided and paid for by OWNER are listed in the Supplementary Conditions. Any delays associated
with the permitting process will be considered for time extensions only and no damages or additional
compensation for delay will be allowed.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable
to furnishing and performance of the Work. Except where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such
laws, rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary
changes shall then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work
that it knows or should have known to be contrary to such laws, ordinances, rules, and regulations and
without such notice to the Project Manager, it shall bear all related costs.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid
by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
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Use of Premises:
6.16. CONTRACTOR shall confme construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by the
Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits
and easements. CONTRACTOR shall not unreasonably encumber the premises with construction
equipment or other materials or equipment. Any loss or damage to CONTRACTOR's or any
Subcontractor's equipment is solely at the risk of CONTRACTOR. CONTRACTOR shall assume full
responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land
or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made
against OWNER or PROFESSIONAL by any such owner or occupant because of the performance of
the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or
otherwise resolve the claim by arbitration or at law. CONTRACTOR shall to the fullest extent permitted
by Laws and Regulations, indemnify and hold OWNER harmless from and against all claims, damages,
losses and expenses (including, but not limited to, fees of PROFESSIONALs, architects, attorneys and
other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of
any action, legal or equitable, brought by any such other party against OWNER to the extent based on
a claim arising out of CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris or contaminates resulting from the Work.
At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris
from and about the premises as well as all tools, appliances, construction equipment and machinery, and
surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR
shall restore to original condition all property not designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall CONTRACTOR subject any pan of the Work or adjacent
property to stresses or pressures that will endanger them.
'lecord Documents:
6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents
and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show
all changes made during the construction process. These shall be available to PROFESSIONAL and the
Project Manager and shall be submitted with the Application for Final Payment.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. CONTRACTOR shall assume all risk of loss
for stored equipment or materials, irrespective of whether CONTRACTOR has transferred the title of
the stored equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for
the safety of, and shall provide the necessary protection to prevent damage, injury or joss to:
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
6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, road-ways, structures, utilities and Underground Facilities not designated for removal,
relocation or replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body
having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss;
and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR
shall notify OWNERs of adjacent property and of Underground Facilities and utility OWNERs when
prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,
relocation and replacement of their property, All damage, injury or loss to any property referred to in
paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of
them to perform or furnish any the Work or anyone for whose acts any of them may be liable, shall be
remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or
Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by
either of them or anyone for whose acts either of them may be liable, and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties
and responsibilities for the safety and protection of the Work shall continue until such time as all the
Work is completed and PROFESSIONAL has issued a notice to OWNER and CONTRACTOR in
accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided
In connection with Substantial Completion).
6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall
be the prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless
otherwise designated in writing by CONTRACTOR to the Project Manager.
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 PROFES-
SIONAL or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR
shall give PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract Documents have been caused thereby. If
PROFESSIONAL determines that a change In the Contract Documents is required because of the action
taken in response to an emergency, a Work Directive Change or Change Order be issued to document
the consequences of the changes or variations.
6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving personal
injuries to any person on the Site, whether or not such person was engaged in the construction of the
Project, and shall file a written report on such person( s) and any other event resulting in property damage
of any amount within five (5) days ofthe occurrence.
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6.22.2. If PROFESSIONAL determines that a change in the Contract Documents is required because
of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued
to document the consequences of such action.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements, CONTRACTOR shall promptly submit
to PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals
and samples required by the Contract Documents. All submittals and samples shall have been checked
by and stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require.
The data shown on or with the submittals will be complete with respect to dimensions, design criteria,
materials and any other information necessary to enable PROFESSIONAL to review the submittal as
required. At the time of each submission, CONTRACTOR shall give notice to PROFESSIONAL of all
deviations that the submittal or sample may have from the requirements of the Contract Documents.
6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review
and approval shall be only for conformance with the design concept of the Project and compliance with
the information given in the Contract Documents. The approval of a separate item as such will not
indicate approval of the assembly in which the item functions. CONTRACTOR will make any
corrections required by PROFESSIONAL and resubmit the required number of corrected copies until
approved. CONTRACTOR's stamp of approval on any submittal or sample shall constitute its
representation to PROFESSIONAL and County that CONTRACTOR has determined and verified all
quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that
each submittal or sample has been reviewed or coordinated with the requirements of the Work and the
Contract Documents.
6.24.1. No Work requiring a submittal or sample submission shall commence until the submission
has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample
shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL
and County staff. Any delays associated with the submittal process will be considered for time
extensions only, and no damages or additional compensation for delay will be allowed.
6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined
and verified all quantities, dimensions, specified performance criteria, installation requirements,
materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop
Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and
the Contract Documents.
6.25.2. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific
written notice of each variation that the Shop Drawings or samples may have from the requirements of
the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop
Drawing submitted to PROFESSIONAL for review and approval of each such variation.
6.26. PROFESSIONAL will review and approve with reason-able promptness Shop Drawings and
samples, but PROFESSIONAL's review and approval will be only for conformance with the design
concept of the Project and for compliance with the information given in the Contract Documents and
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shall not extend to means, methods, techniques, sequences or procedures of construction (except where
a specific means, method, technique, sequence or procedure of construction is indicated in or required
by the Contract Documents) or to safety precautions or programs incident thereto. The review and
approval of a separate item as such will not indicate approval of the assembly in which the item
functions.
6.27. No Work requiring a submittal or sample submission shall commence until the submission has
been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample
shall be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL
and Project Manager staff. Any delays associated with the submittal process will be considered for time
extensions only, and no damages or additional compensation for delay will be allowed.
6.28. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRAC-
TOR has in writing called PROFESSIONAL's attention to each such variation at the time of submission
and the Project Manager has given written approval to the specific deviation; any such approval by
PROFESSIONAL shall not relieve CONTRACTOR from responsibility for errors or omissions in the
submittals.
6.29. Where a shop drawing or sample is required by the Contract Documents or the schedule of
shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work
performed prior to Professional's review and approval of the pertinent submittal will be at the sole
expense and responsibility of Contractor.
Continuing the Work:
6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution
of any disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and
OWNER may otherwise agree in wilting.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish,
and other debris or contaminates resulting from the work on a daily basis or as required. At the
completion of the work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the
site as well as all tools, construction equipment and machinery, and surplus materials and will leave the
Site clean and ready for occupancy by OWNER. All disposal shall be in accordance with applicable
laws and regulations. In addition to any other rights available to OWNER under the Contract
Documents, CONTRACTOR's failure to maintain the site may result in withholding of any amounts
due CONTRACTOR. CONTRACTOR will restore to original condition those portions of the site not
designated for alteration by the Contract Documents.
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Indemnification:
6.32. To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and
hold harmless OWNER and PROFESSIONAL and their consultants, agents and employees from and
against all claims, damages, losses and expenses, direct, indirect or consequential (including but not
limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and
court and arbitration costs) arising out of or resulting from the performance of the Work, provided that
any such claim, damage, loss or expense (a)is attributable to bodily injury, sickness, disease or death,
or to injury to or destruction of tangible property (other than the Work itself) including the loss of use
resulting therefrom and (b) is caused in whole or in pan by any negligent act or omission of
CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is
imposed by Law and Regulations regardless of the negligence of any such party.
6.33. In any and all claims against OWNER or PROFESSIONAL or any of their consultants, agents
or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization
directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be
limited in any way by any limitation on the amount or type of damages, compensation or benefits
payable by or for CONTRACTOR or any such Subcontractor or other person or organization under
workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts.
6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of
PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation
or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications.
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ARTICLE 7--0THER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces,
have other work performed by ailed OWNERs or let other direct contracts therefor which shall contain
General Conditions similar to these. If the fact that such other work is to be performed was not noted
in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any
such other work: and, if CONTRACTOR believes that such performance will involve additional expense
to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent
thereof. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
7.1.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such
a direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees)
proper and safe access to the site and a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work, and shall properly connect and coordinate the
Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be
required to make its several pans come together properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their
work and will only cut or alter their work with the written consent of PROFESSIONAL and the others
whose work will be affected. The duties and responsibilities of 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 or' CONTRACTOR in said direct contracts between OWNER and such utility
owners and other contractors.
7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work
of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly
report to PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it
unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report
will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's
Work except for latent or non-apparent defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the performance of other work on the Project at the site,
the person or organization who will have authority and responsibility for coordination of the activities
among the various prime con-tractors will be identified in the Supplementary Conditions, and the
specific matters to be covered by such authority and responsibility will be itemized, and the extent of
such authority and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise
provided in the Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any
authority or responsibility in respect of such coordination.
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ARTICLE 8---0WNER'S RESPONSmILITIES
8.1. Except as otherwise provided in these General Conditions, COUNTY shall Issue all
communications to CONTRACTOR through the Project Manager or PROFESSIONAL.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a
PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under
the Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with
such 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 available to CONTRACTOR copies of reports of explorations and
tests of subsurface conditions at the site and in existing structures which have been utilized by
PROFESSIONAL in preparing the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property
insurance are set forth in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3.
8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and
15.1. Paragraph 15.2 deals with OWNER's rightto terminate services of CONTRACTOR under certain
circumstances.
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ARTICLE 9---PROFESSIONAL'S STATUS DURING CONSTRUCTION
Owner's Representative:
9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties
and responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative
during construction are set forth in the Contract Documents and shall not be extended without written
consent of OWNER and PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of
construction to observe the premises and quality of the executed Work and to deter-mine, in general, if
the Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be
required to make exhaustive or continuous on-site inspections to check the quality or quantity of the
Work. PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of
confidence that the completed Work will conform to the Contract Documents. On the basis of such visits
and on-site observations as an experienced and qualified design PROFESSIONAL. PROFESSIONAL
will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against
defects and deficiencies in the Work.
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project
Representative to assist PROFESSIONAL in observing the performance of the Work. The duties,
responsibilities and limitations of authority of any such Resident Project Representative and assistants
will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent
OWNER at the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and
limitations of authority of such other person will be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably
requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall
intent of the Contract Documents. If CONTRACTOR believes that a written clarification and
interpretation entitles it to an increase in the Contract Price, and/or Contract Time, CONTRACTOR may
make a claim as provided for in Articles 11 or 12.
Authorized Variations in Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements ofthe
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
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Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent
thereof. CONTRACTOR may make a claim therefor as provided in Article 11 or 12.
Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL
believes to be defective, and will also have authority to require special inspection or testing of the Work
as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.29 inclusive.
9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11
and 12.
9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment,
etc., see Article 14.
Determinations for Unit Prices:
9.10. PROFESSIONAL will determine the actual quantities lmd classifications of Unit Price Work
performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFES-
SIONAL's preliminary determinations on such matters before rendering a whiten decision thereon (by
recommendation of an Application for Payment or otherwise). PROFESSIONAL's written decisions
thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the
date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the
Agreement and to PROFESSIONAL whiten notice of intention to appeal from such a decision.
Decisions on Disputes:
9.ll. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents
and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation ofthe requirements of the Contract Documents pertaining
to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes
m the Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a
request for a formal decision in accordance with this paragraph, which PROFESSIONAL will render
in writing within a reasonable time, Written notice of each such claim, dispute and other matter will be
delivered by the claimant to PROFESSIONAL and the other party to the Agreement promptly (but in
no event later than thirty days after the occurrence of the event giving rise thereto, and written supporting
data will be submitted to PROFESSIONAL and the other party within sixty days after such occurrence
unless PROFESSIONAL allows an additional period oftime 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, PROFESSIONAL
will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any
interpretation or decision rendered in good faith in such capacity. The rendering of a decision by
PROFESSIONAL pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making or acceptance of fmal payment as provided
in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under the Contract Docwnents or by Laws or
Regulations in respect of any such claim, dispute or other matter.
Limitations on PROFESSIONAL's Responsibilities:
9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract
Docwnents, nor any decision made in good faith to exercise such authority shall give rise to any duty
or responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or
employees.
9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques,
sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be
responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract
Documents.
9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any
Subcontractors, any agents or employees, or any other persons performing any of the Work.
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ARTICLE lO--CHANGES IN THE WORK
10.1. Without invalidating the Contract, OWNER may at any time or from time to time order
additions, deletions, or revisions in the Work. The Project Manager shall provide CONTRACTOR with
a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR
shall promptly submit a written proposal for the changed work prepared in accordance with Articles 11
and 12. If the proposal request calls only for the deletion of Work, the Project Manager may order the
partial suspension of any Work related to the proposed deletion, in which case CONTRACTOR must
cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted
work. All changed Work shall be executed under the applicable conditions of the Contract Documents.
10.2. Additional Work performed by CONTRACTOR without authorization of a Change Order will
not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time,
except in the case of an emergency as provided in Article 7. The effect of this paragraph shall remain
paramount and shall prevail irrespective of any conflicting provisions contained in these Contract
Documents.
10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency
as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or
the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFES-
SIONAL and CONTRACTOR and submitted to OWNER for approval.
lOA. In the absence of an agreement as provided in l1.1.3, OWNER may, at its sole discretion issue
a Work Directive Change to CONTRACTOR. Pricing of the Work Directive Change will be in
accordance with Section 12.1.3. The Work Directive Change will specify a price, and if applicable a
time extension, determined to be reasonable by OWNER. If CONTRACTOR fails to sign such Work
Directive Change, CONTRACTOR may submit a claim in accordance with Articles 11 and 12, but
CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the
Construction Change Directive.
10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. If notice of any change affecting the general scope of the Work or the provisions ofthe 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 II-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to written authorized adjustments)
payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change
in the Contract Price.
11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any
claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the
party making the claim to the other party and to PROFESSIONAL promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the
claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after
such occurrence (unless PROFESSIONAL allows an additional period oftime to ascertain more accurate
data in support of the claim and shall be accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled
as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be
determined by PROFESSIONAL in accordance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will
be valid if not submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the
Contract Price will be determined by the following procedures:
11.3.1. Designated Unit Price (Field Measure) CONTRACTOR and OWNER recognize and
acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items
are approximations prepared by OWNER for bid purposes and that the actual compensation payable to
CONTRACTOR for the utilization of such items is based upon the application of unit prices to the
actual quantities of items involved as measured in the field and required to complete the Work as
originally defined in the Contract Documents.
11.3.2. When it is determined by OWNER that an addition, deletion, or revision to the Work as
defined in these Contract Documents is required and affects the quantities required for items designed
in the Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation
payable to CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order
based upon the application of the appropriate unit prices shown in the Bid Proposal to the quantity of
the unit price item required to complete the Work as defmed in the Contract Documents.
11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and
CONTRACTOR may establish unit prices as agreed on by Change Order.
11.3.4. Lump Sum. When it is determined by OWNER that an addition, deletion or revision to the
Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item,
the amount of increase or decrease in the lump sum price shall be established by mutual agreement of
the parties.
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11.3.5. If the pricing methods specified in 11.3 are inapplicable, or ifthe parties are unable to agree
on a price for the changed work, a reasonable price for the same shall be established by OWNER in
accordance with 11.4 and 11.5. OWNER shall then process a unilateral Change Order, specifying the
said reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work
as directed in the Change Order.
11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions
within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional
costs to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit
price, all at the discretion of OWNER. Determinations of aggregate monetary change for items
identified as lump sum quantities shall be made by OWNER based upon an analysis of the scope of
CONTRACTOR's failure to construct to plan or authorized dimensions.
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in
writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the
Project, shall include only the following items and shall not include any of the costs itemized in
paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of
the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll
costs for employees not employed full time on the Work shall be apportioned on the basis of their time
spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of
fringe benefits which shall include social security contributions, unemployment, excise and payroll
taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation
and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the
site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal
holidays, shall be included in the above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
oftransportation and storage thereof, and Suppliers' field services required in connection therewith. All
cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR
with which to make payments, in which case the cash disc.ounts shall accrue to OWNER. Trade
discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue
to OWNER, and CONTRACTOR shall make provisions so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who then
determine, with the advice of PROFESSIONAL, which bids will be accepted. If a subcontract provides
that the Subcontractor is to be paid on the basis of Cost ofthe Work Plus a Fee, the Subcontractor's Cost
of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All
subcontracts shall be subject to the other provisions ofthe Contract Documents insofar as applicable.
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11.4.4. Costs of special consultants (including but not limited to PROFESSIONAL's architects,
testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to
the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses ofCONTRAC-
TOR's employees incurred in discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by the
workers, which are consumed in the performance of the Work, and cost less market value of such items
used but not consumed which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and machinery and the pans thereof whether rented
from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the
advice of PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling
and removal thereof---all in accordance with terms of said rental agreements. The rental of any such
equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR
is liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or
any-one directly or indirectly employed by any of them or for whose acts any of them may be liable, and
royalty payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to
the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing
ofthe Work (except losses and damages within the deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.6). provided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any
of them or for w~ose 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 ofthe 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.
I 1.4.5.7. 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 the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the
Work and premiums of property insurance coverage within the limits of the deductible amounts
established by OWNER in accordance with paragraph 5.6.
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11.5. The term Cost of the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of
partner-ship and sole proprietorships), general managers, PROFESSIONALs, architects, estimators,
attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and
other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or
a branch office for general administration of the Work and not specifically included in the agreed upon
schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph
11.4.4---all of which are to be considered administrative costs covered by CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's
office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S
capital used for the Change Order Work and charges against CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except for the cost of premiums
covered by subparagraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly, employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and
making good any damage to property.
11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined
as follows:
11.6.1. a mutually acceptable fixed fee; or ifnone can be agreed upon.
I 1.6.2. a fee based on the following percentages ofthe various portions or' the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen
percent:
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if
a subcontract is on the basis of Cost ofthe Work Plus a Fee, the maximum allowable to CONTRACTOR
on account of overhead and profit of all Subcontractors shall be fifteen percent:
1I.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs I 1.4.4, 11.4.5 and
11.3:
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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 both 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. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with
supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the
amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in
a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the
Project Manager, plus the applicable reduction in overhead and profit. When both additions and credits
are involved in any change, the combined overhead and profit shall be calculated on the basis of the next
change, whether an increase or decrease. In any event, the minimwn detail shall be an itemization of
all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor
burden, equipment hours and rate for each piece of equipment, material by units of measure and price
per unit, other costs specifically itemized, plus the overhead and profit markup.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named
in the Contract Docwnents and shall cause the Work so covered to be done by such Subcontractors or
Suppliers and for such swns within the limit of the allowances as may be acceptable to PROFES-
SIONAL, CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the site, and all applicable taxes;
and
11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs,
overhead, profit and other expenses contemplated for the allowances have been included in the Contract
Price and not in the allowances. No demand for additional payment on account of any thereof will be
valid.
Prior to fmal payment, an appropriate Change Order will be issued as recommended by
PROFESSIONAL to reflect actual amounts due CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be correspondingly adjusted.
Unit Price Work:
11.9.1. Where the Contract Docwnents 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
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Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed
by CONTRACTOR will be made by PROFESSIONAL in accordance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be
adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs
materially and significantly from the estimated quantity of such item indicated in the Agreement and
there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR
believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may
make a claim for an increase in the Contract Price in accordance with Article 11 if the partes are unable
to agree as to the amount of any such increase.
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ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in
the Contract Time shall be made in writing and delivered to PROFESSIONAL and Project Manager
within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written
supporting data will be submitted to PROFESSIONAL and Project Manager within fifteen (15) calendar
days after such occurrence unless the Project Manager allows additional time. All claims submitted by
CONTRACTOR for adjustments to the Contract Time must set forth in detail the reasons for and causes
of the delay and clearly indicate why the subject delay was beyond CONTRACTOR's control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or
completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of
either, or by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work,
or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified
or foreseen by CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's
control or fault, then the Contract Time shall be extended by Change Order for such reasonable time
as OWNER may determine. CONTRACTOR shall be entitled to an extension of time for such causes
only for the number of days of delay which OWNER may determine to be due solely to such causes and
only to the extent such occurrences actually delay the completion of the Work and then only if
CONTRACTOR shall have strictly complied with all the requirements of the Contract Documents.
Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption,
interference, inefficiency, suspension or delay in the performance, progress, commencement or
completion of the Work for any cause whatsoever, including those for which OWNER or PROFES-
SIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to perform
or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole
and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay
of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance
with the procedures set forth herein.
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ARTICLE 13--WARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE
OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be
new unless otherwise specified and that all work will be of good quality, performed in a workmanlike
manner, free from faults or defects, and in accordance with the requirements of the Contract Documents
and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty
Work and all Work not conforming to the requirements of the Contract Docwnents or such inspections,
tests, approvals, or all applicable building, construction and safety requirements shall be considered
defective. Notice of all defects shall be given to CONTRACTOR by PROFESSIONAL. All defective
work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article.
Access to Work:
13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated
representatives of OWNER, and authorized representatives of any regulatory agency shall at all times
be given access to the Work. CONTRACTOR shall provide proper facilities for such access and
observation of the Work and also for any inspection or testing by others.
Tests and Inspections:
13.3. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority
havingjurisdiction require any Work to specifically be inspected, tested, or approved by someone other
than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness
therefore.
13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or
approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRAC-
TOR. All other inspections, tests or approvals shall be at CONTRACTOR's expense including
additional expenses for inspection and tests required as a result of delays by CONTRACTOR or hours
worked in excess of 40 hours per week. For all required inspections, tests, and approvals on any Work
prepared, performed, or assembled away from the site, CONTRACTOR will furnish PROFESSIONAL
with the required Certificates of Inspection, testing, or approval. All such tests will be in accordance
with the methods prescribed by the American Society for Testing and Materials or such other applicable
organizations as may be required by law or the Contract Documents. Materials or Work in place that
fail to pass acceptability tests shall be retested at the direction of PROFESSIONAL and at CONTRAC-
TOR's expense.
13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any
public body having jurisdiction shall be performed by organizations acceptable to OWNER and
CONTRACTOR (or by PROFESSIONAL if so specified).
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13.6. Ifany Work (including the work of others) that is to be inspected, tested or approved is covered
without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be
uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRAC-
TOR has given PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and
PROFESSIONAL has not acted with reasonable promptness in response to such notice.
13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or
approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to
perform the Work in accordance with the requirements of the Contract Documents.
Uncovering Work:
13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the
prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of
PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation,
inspection, testing or approval and replaced at CONTRACTOR's expense.
13.9. If PROFESSIONAL considers it necessary or advisabh~ that covered Work be observed by
PROFESSIONAL or inspected or tested by others. CONTRACTOR, at PROFESSIONAL's request,
shall uncover, expose or otherwise make available for observation, inspection or testing as PROFES-
SIONAL may require, that portion ofthe Work in question, furnishing all necessary labor, material and
equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, and
consequential costs of such uncovering, expo-sure, observation, inspection and testing and of satisfactory
reconstruction, (including but not limited to fees and charges of PROFESSIONALs, architects, attorneys
and other PROFESSIONALs), and OWNER shall be entitled to an appropriate decrease in the Contract
Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as
provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be
allowed an increase in the Contract Price, or an extension of the Contract Time, or both, directly
attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the
parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
Owner May Stop the Work:
13.10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen
or suitable materials or equipment, or make prompt payments to Subcontractors for labor, materials, or
equipment, or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may
order CONTRACTOR to stop the Work until the cause for such order has been eliminated. However,
this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise
this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to
claim an increase in the Contract Price or Contract Time or other damages for a stop work order under
this paragraph.
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Correction or Removal of Defective Work:
13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to
OWNER and as specified by PROFESSIONAL, either correct the defective Work whether fabricated,
installed, or completed, or remove it from the site and replace it with non defective Work. If
CONTRACTOR does not correct such defective Work or remove and replace such defective Work
within a reasonable time, all as specified in a written notice from PROFESSIONAL, OWNER may have
the deficiency corrected. All direct and indirect costs of such correction shall be paid by CONTRAC-
TOR or deducted from payment to CONTRACTOR. CONTRACTOR will also bear the expense of
correcting or removing and replacing all Work of others destroyed or damaged by the correction,
removal, or replacement of the defective Work.
One Year Correction Period:
13.12. If, after approval of fmal payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Docwnents, any Work or materials are found to
be defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR
shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either
correct such defective Work, or ifit has been rejected by OWNER, remove it from the Site and replace
it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such
instructions, OWNER may have the defective Work corrected, removed, or replaced. All direct, indirect
and consequential costs of such removal and replacement (including but not limited to fees and charges
of engineers, architects, attorneys and other PROFESSIONALs) will be paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER
(and, prior to PROFESSIONAL's recommendation of fmal payment, also PROFESSIONAL) prefers to
accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs
attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to
be approved by PROFESSIONAL as to reasonableness and to include but not be limited to fees and
charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If any such
acceptance occurs prior to PROFESSIONAL's recommendation offmal payment, a Change Order will
be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and
OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the panics are unable
to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article II. If the
acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR
to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to
proceed to correct and to correct defective Work or to remove and replace rejected Work as required by
PROFESSIONAL in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other
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provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRAC-
TOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph
OWNER shall proceed expeditiously, to the extent necessary to complete corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the
Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's
tools, appliances, construction equipment and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which
are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and
employees such access to the site as may be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such
rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonable-
ness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER
may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will
include but not be limited to fees and charges of PROFESSIONALs, architects, attorneys and other
PROFESSIONALs, all court costs and all costs of repair and replacement of work of others destroyed
or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRAC-
TOR shall not be allowed an extension of the Contract Time because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder.
Neglected Work by CONTRACTOR:
13 .l5. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents,
including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to
submit a recovery plan and take specific corrective actions including, but not limited to, employing
additional workmen, and/or equipment, and working extended hours and additional days, all at no cost
to OWNER in order to put the Work back on schedule. If CONTRACTOR fails to correct the deficiency
or take appropriate corrective action, OWNER may terminate the contract or CONTRACTOR's right
to proceed with that portion of Work and have the Work done by others. The cost of completion under
such procedure shall be charged against CONTRACTOR. A Change Order shall be issued incorporating
the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract
Price. If the payments due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR
shall pay the difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or holidays to regain the schedule, all costs
to OWNER of associated inspection, construction management and resident PROFESSIONALs shall
be identified to CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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ARTICLE 14-P A YMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress
payments and will be incorporated into a form of application for Payment acceptable to Project Manager.
Progress payments on account of Unit Price Work will be based on the number of units completed.
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date established for each progress payment (but
not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an
application for Payment filled out and signed by CONTRACTOR covering the work completed as of
the date of the application and accompanied by such supporting documentation as is required by the
Contract Documents. If payment is requested on the basis of materials and equipment not incorporated
in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation
warranting that OWNER has received the materials and equipment free and clear of all liens and
evidence that the materials and equipment are covered by appropriate property insurance and other
arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER.
Payment is subject to a ten percent (10%) retainage that will be held until the fmal payment or
acceptance by OWNER. The amount of retainage with respect to progress payments will be as stipulated
in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered
by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no
later than the time of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the application to
OWNER, orreturn the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons
for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary
corrections and resubmit the application. OWNER shall, within thirty-one calendar days of presentation
to him of the application for payment with PROFESSIONAL's recommendation of the amount for
payment, pay CONTRACTOR amount recommended.
14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment
will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site
observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on
PROFESSIONAL's review of the Application for Payment and the accompanying data and schedules
that the Work has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge,
information and belief, the quality' of the Work is in accordance with the Contract Documents subject
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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 PROFESSIONAL will not thereby be
deemed to have represented that exhaustive or continuous on-site inspections have been made to check
the quality or the quantity of the Work beyond the responsibilities specifically assigned to PROFES-
SIONAL in the Contract Documents or that there may not be other matters or issues between the parties
that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment
to CONTRACTOR.
14.6. PROFESSIONAL's recommendation of final payment will constitute an additional
representation by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's
being entitled to final payment as set forth in paragraph 14.13 have been fulfilled.
14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in
PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER.
PROFESSIONAL may also refuse to recommend any such payment, or, because of subsequently
discovered evidence or the results of subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be necessary in PROFESSIONAL's opinion to protect
OWNER from loss because:
14.7.1. the Work is defective, or completed Work has been damaged requiring correction or
replacement.
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order.
14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with
paragraph 13.14. or
14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated
in paragraphs 15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL
because claims have been made against OWNER on account of CONTRACTOR's performance or
furnishing of the Work or Liens have been filed in connection with the Work or there are other items
entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRAC-
TOR immediate written notice (with a copy to PROFESSIONAL) stating the reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR
shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete
(except for items specifically listed by CONTRACTOR as incomplete) and request that PROFES-
SIONAL issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER,
CONTRACTOR and PROFESSIONAL shall make an inspection of the Work to determine the status
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of completion. If PROFESSIONAL does not consider the Work substantially complete, PROFES-
SIONAL will notify CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL
considers the Work substantially complete, PROFESSIONAL will prepare and deliver to OWNER a
tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There
shall be attached to the certificate a tentative list of items to be completed or corrected before fmal
payment. OWNER shall have seven days after receipt of the tentative certificate during which to make
written objection to PROFESSIONAL as to any provisions of the certificate or attached list. If, after
considering such objections. PROFESSIONAL concludes that the Work is not substantially complete,
PROFESSIONAL will within fourteen days after submission of the tentative certificate to OWNER
notify CONTRACTOR in writing. stating the reasons therefor. If, after consideration of OWNER's
objections, PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within
said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of
Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting
such changes from the tentative certificate as PROFESSIONAL believes justified after consideration of
any objections from OWNER. At the time of delivery of the tentative certificate of Substantial
Completion PROFESSIONAL will deliver to OWNER and CONTRACTOR a written recommendation
as to division of responsibilities pending fmal payment between OWNER and CONTRACTOR with
respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless
OWNER and CONTRACTOR agree otherwise in wilting and so inform PROFESSIONAL prior to
PROFESSIONAL's issuing the definitive certificate of Substantial Completion, PROFESSIONAL's
afore-said recommendation will be binding on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWN ER shall allow CONTRACTOR reasonable access to complete or
correct items on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which
(i) has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and
CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used
by OWNER for its intended purpose without significant interference with CONTRACTOR's
performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all
the Work subject to the following.
14.l0.l. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be ready for its intended use and substantially
complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL
that said part of the Work is substantially complete and request PROFESSIONAL to issue a certificate
of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify, OWNER
and PROFESSIONAL in writing that CONTRACTOR considers any such part of the Work ready for
its intended use and substantially complete and request PROFESSIONAL to issue a certificate of
Substantial Completion for that part of the Work. Within a reasonable time after either such request,
OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that part ofthe Work to
determine its status of completion. If PROFESSIONAL does not consider that part of the Work to be
substantially complete, PROFESSIONAL will notify. OWNER and CONTRACTOR in writing giving
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the reasons therefor. If PROFESSIONAL considers that part of the Work to be substantially complete,
the provisions of paragraphs l4.8 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 anytime request CONTRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not substantially complete. A copy of such request
will be sent to PROFESSIONAL and within a reasonable time there-after OWNER, CONTRACTOR
and PROFESSIONAL shall make an inspection of that part of the Work to determine its status of
completion and will prepare a list of the items remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that
such part of the Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize
the list ofitems 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 fmal payment
between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities,
insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER
and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have
otherwise agreed in writing and so informed PROFESSIONAL). During such operation and prior to
Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to complete other related Work.
14.10.3 . No occupancy or separate operation of part of the Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof
is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will
notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to
remedy such deficiencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFES-
SIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required
by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR
may make application for final payment following the procedure for progress payments. The fmal
Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation
called for in the Contract Documents, including but not limited to the evidence of insurance required,
(ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or
waivers (satisfactory to OWNER) ofa!lliens arising out of or filed in connection with the Work. In lieu
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of such releases or waivers ofliens and as approved by County, CONTRACTOR may furnish receipts
or release in full and an affidavit of CONTRACTOR that (i) the releases and receipts include all labor,
services, material and equipment for which a lien could be filed, and (ii) all payrolls, material and
equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's
property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor
or supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a bond or other
collateral satisfactory to OWNER to indemnify OWNER against any lien.
14.12.1. No application for fmal payment will be accepted by OWNER until approved as-built
documents by CONTRACTOR are accepted and approved by PROFESSIONAL.
14.12.2. Notwithstanding any other provision of these contract documents to the contrary , OWNER
and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider,
Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any
ofthem are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy
of nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontrac-
tors, indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from
Subcontractor or supplier or material men or laborer services in connection with this project.
14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for
any damages sustained including lost profits resulting from CONTRACTOR's failure or refusal to
perform the work required by these contract documents.
Final Payment and Acceptance:
14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and fmal
inspection, and PROFESSIONAL's review of the fmal Application for Payment and accompanying
documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has
been completed and CONTRACTOR's other obligations under the Contract Documents have been
fulfilled, PROFESSIONAL will, within ten (10) working days after receipt of the fmal Application for
Payment, indicate in writing PROFESSIONAL's recommendation of payment and present the
Application to OWNER for payment. At the same time PROFESSIONAL will also give written notice
to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of 14.6.
Otherwise, PROFESSIONAL will return the application to CONTRACTOR, indicating in writing the
reasons for refusing to recommend fmal payment, in which case CONTRACTOR shall make the
necessary corrections and resubmit the Application. After the presentation to OWNER ofthe application
and accompanying documentation, in appropriate form and substance and with PROFESSIONAL's
recommendation and notice of acceptability, the amount recommended by PROFESSIONAL will
become due and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, fmal completion of the Work is significantly delayed
and if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's fmal
Application for Payment and recommendation of PROFESSIONAL, and without terminating the
Agreement, make payment ofthe balance due for that portion of the Work fully completed and accepted.
If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than
the retainage stipulated in the Contract, and if bonds have been furnished as required in Article 5, the
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written consent of the surety to the payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by CONTRACTOR to PROFESSIONAL with the
application for such payment. Such payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. Neither recommendation of any progress or fmal payment by
PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor any payment by
OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or
any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any
review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of
acceptability by PROFESSIONAL pursuant to paragraph 14.13. nor any correction of defective Work
by OWNER will constitute an acceptance of Work not in 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 o/Claims:
14.16. The making and acceptance offmal payment will constitute:
14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arisingfrom
unsettled liens, from defective Work appearing after fmal inspection pursuant to 14.11 from failure to
comply with the Contract Documents or the terms of any special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously
made in writing and still unsettled.
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ARTICLE 15--SUSPENSION OF WORK AND TERMINATION
Owner May Suspend Work:
15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL
which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the
date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of
the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an
approved claim therefor as provided in Articles 11 and 12.
Termination For Cause:
15.2. Upon the occurrence of anyone or more of the following events:
15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code
(Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent
or similar action by filing a petition or otherwise under any other federal or state law in effect at such
time relating to the bankruptcy or insolvency;
15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now
or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar
relief against CONTRACTOR under any other federal or state law in effect at the time relating to
bankruptcy or insolvency;
15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors;
15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law
or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for
the purpose of enforcing a Lien against such property or for the purpose of general administration of
such property for the benefit of CONTRACTOR's creditors;
15.2.5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become
due;
15.2.6. if CONTRACTOR fails to perform the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient skilled workers or suitable materials or
equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from
time to time);
15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or
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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 OWNER has paid
CONTRACTOR but which are stored elsewhere, and fmish the Work as OWNER may deem expedient.
In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is
fmished. lithe unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs
of completing the Work (including but not limited to fees and charges of PROFESSIONALs, architects,
attorneys and other PROFESSIONALs and court and arbitration costs) such excess will be paid to
CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference
to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by PROFES-
SIONAL and incorporated in a Change Order, but when exercising any rights or remedies under this
paragraph OWNER shall not be required to obtain the lowest price for the Work performed.
15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially
determined that there was no cause for termination, the termination for convenience provision will be
the means for disposition of the balance of the contract obligations.
Termination for Convenience:
15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER
may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate
the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items):
15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date oftermination, including fair and reasonable sums for overhead and profit on
such Work;
15.4.2. For expenses sustained prior to the effective date oftennination in performing services and
furnishing labor, materials or equipment as required by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account ofloss of anticipated profits or revenue or other economic
loss arising out of or resulting from such termination.
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15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination
will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may
thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not
release CONTRACTOR from liability.
CONTRACTOR May Stop Work or Terminate:
15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more
than ninety calendar days by OWNER or under an order of court or other public authority, or
PROFESSIONAL fails to act on any Application for Payment within thirty days after it is submitted or
OWNER fails for thirty-one days to pay CONTRACTOR any sum finally determined to be due, then
CONTRACTOR may upon seven working days's written notice to OWNER and PROFESSIONAL and
provided OWNER or PROFESSIONAL did not remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER payment on the same terms as provided in 15.2.
In lieu of terminating the Agreement and without prejudice to any other right or remedy, ifPROFES-
SIONAL has failed to act on an Application for Payment within thirty days after it is submitted, or
OWNER has failed for thirty-one days after it is submitted, or OWNER has failed for thirty-one calendar
days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven
day's written notice to OWNER and PROFESSIONAL stop the Work until payment of all such amounts
due CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to
preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's
stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve
CONTRACTOR of the obligations under paragraph 6.30 to carry on the Work in accordance with the
progress schedule and without delay during disputes and disagreements with OWNER.
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ARTICLE 16--DISPUTE RESOLUTION
16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or
both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of
the commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers
pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim
but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its
character and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any
claim not presented within the time limit specified in this paragraph shall be deemed to have been
waived, except that if the claim is of a continuing character and notice of the claim is not given within
ten (10) working days ofits commencement, the claim will be considered only for a period commencing
ten (10) working days prior to the receipt by OWNER of notice thereof. Each decision by OWNER will
be in writing and will be mailed to CONTRACTOR by registered or certified mail, return receipt
requested, directed to his last known address.
16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR
arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under
Georgia Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the
Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and
waives any right to contest same.
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ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written notice,
it will be deemed to have been validly given if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered
or certified mail, postage prepaid, to the last business address known to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed
to exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day
will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall
constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of
any error, omission or act of the other party or of any of the other party's employees or agents or others
for whose acts the other party is legally liable, claim should be made in writing to the other party within
a reasonable time of the first observance of such injury or damage. The provisions of this paragraph
17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of
limitations or repose.
17.4. The duties and obligations imposed by these General Conditions and the rights and remedies
available here-under to the parties hereto, and, in particular but without limitation, the warranties,
guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3
and 15.2 and all of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are
in addition to, and are not to be construed in any way as a limitation of, any rights and remedies
available to any or all of them which are otherwise imposed or available by Laws or Regulations, by
special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of
this paragraph will be as effective as if repeated specifically in the Contract Documents in connection
with each particular duty, obligation, right and remedy to which they apply. All representations,
warranties and guarantees made in the Contract Documents will survive final payment and termination
or completion of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this
Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a
minimum of five (5) years from the date of final completion or termination of this Contract. OWNER
shall have the right to audit, inspect, and copy all such records and documentation as often as OWNER
deems necessary during the period of the Contract and for a period offive (5) years thereafter provided,
however, such activity shall be conducted only during normal business hours. OWNER, during this
GC-52
period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the
direction of CONTRACTOR as concerns the aforesaid records and supporting documentation.
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all provisions
of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of the
Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the
Contract Documents shall control.
17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and
CONTRACTOR specifically waives any claim to same.
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..................
. . . . . . . . . . . . . . . . . . .
..................... .
.:.It.,:...;:..:
SGC-O 1
SGC-02
SGC-03
SGC-04
SGC-05
SGC-06
SGC-07
SGC-08
SGC-09
SGC-I0
SGC-ll
SGC-12
SGC-13
SGC-14
i'iliiiii.i.j:l.i:jjj:...i.ii..:j:,:,iiiiii:jjii:j:ij:i:::iji:ililili'.i.:::,::',-
..... .
...... .. .
1
1
1
1
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2-3
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3
SUPPLEMENTAL GENERAL CONDITIONS
Index to Supplemental General Conditions
Drawings
Field Office Facilities
Rights-of- W ay
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
Pre-Construction Conference
SGC-44
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SGC-Ol.
DRAWINGS:
The Owner will furnish to the Contractor, free of charge, all copies of drawings and
specifications 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 the Contract:
Note:
The Contract Drawings are listed under Special Condition SC-02., LIST OF DRA w-
INGS:.
SGC-02.
FIELD OFFICE FACILITIES:
The Contractor shall provide, at a point convenient to the work, suitable office facilities
for housing records, plans and contract documents. A telephone shall be provided at the Contractor's
office for expediting the work and be made available for the use of the Engineer. A complete and up-to-
date set of the plans and specifications shall be available at the field office at all times that the work is
m progress.
SGC-03.
RIGHTS-OF-WAY:
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. But it is possible that all land 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 detennination to be set forth in writing and approved by the Owner.
SGC-04.
ESTIMATE OF QUANTITIES:
The estimated quantities of work to be done and materials to be furnished under this
contract if shown in any ofthe 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 claims or liability for damages.
SGC-l
SGC-05.
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 fie:ld 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-06.
CONTRACTOR'S BREAKDO\VN OF LUMP SUM PAYMENT ITEMS:
The Contractor shall, immediately after the contract has been awarded, submit to the
Engineer for his approval, a breakdown showing estimates of all costs apportioned to the maj or 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-07.
PRIOR USE BY OWNER:
Prior to completion of the work, the Owner may take over the operation and! or use of the
incompleted 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-08.
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 fmal acceptance of the completed project by the
Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and
leave his work in a clean condition, satisfactory to the Engineer.
SGC-09.
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 road lanterns. 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 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 passageways
or clear the pavement and deduct the cost thereof from sums due to the Contractor.
SGC-IO.
MAINTENANCE OF ACCESS:
The Contractor will be required to maintain access to business establishments during all
time 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
SGC-2
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and work areas will be required to 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 his operations so as to minimize the time that direct entrance is blocked.
r"
SGC-ll.
EROSION CONTROL AND RESTORATION OF PROPERTY:
The Contractor will be required to schedule his work and perform operations in such a
manner that siltation and bank erosion will be minimized during all phases of construction. Any areas
disturbed during the course of construction shall be restored to a condition equal or better than the
original condition.
SGC-12.
BYPASSING SEWAGE:
The Contractor will be required to schedule and coordinate construction sequences and
to use 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-13.
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 of 1970 (PL31-596) and under
Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54).
SGC-14.
PRE-CONSTRUCTION CONFERENCE:
A pre-construction conference shall be held at an acceptable time to the Owner and the
Contractor prior to the ''Notice to Proceed" to coordinate the work and satisfy all requirements of the
Contract Documents.
SGC-3
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SPECIAL CONDITIONS
Index to Special Conditions
SC-Ol Scope 1
SC-02 List of Drawings 1
SC-03 Protection of the Environment 2
SC-04 Temporary Toilets 2
SC-05 Plans and Specifications Furnished 2
SC-06 Record Drawings 2
SC-07 Existing Structures 2
SC-08 Salvage Material 3
SC-09 Referenced Specifications 3
SC-lO Traffic Control 3
SC-ll Construction Order and Schedule 3
SC-12 Inspection and Testing of Work 3-4
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SECTION SC
SPECIAL CONDITIONS
SC-O 1.
SCOPE:
The project referred to in the Agreement shall consist of the construction of
BEDFORD HEIGHTS (Water & Sewer System Improvements), hereinafter referred to
by project name as BEDFORD HEIGHTS.
SC-02.
LIST OF DRAWINGS:
The following drawings, prepared by James G. Swift & Associates comprise the plans
for the project:
SHEET NO.
TITLE
1
2
3
4
5
6
7
8
9
Cover Sheet
Sanitary Line A, Sta. 0+00 thru Sta. 6+00
Sanitary Line A, Sta. 6+00 thru Sta. 8+80.64
Sanitary Line B, Sta. 0+00 thru Sta. 6+00
Sanitary Line B, Sta. 6+00 thru Sta. 6+70.14
Sanitary Line C, Sta. 0+00 thru Sta. 5+54.97
Sanitary Line D, Sta. 0+00 thru Sta. 6+00
Sanitary Line D, Sta. 6+00 thru Sta. 12+00
Sanitary Line D, Sta. 12+00 thru Sta. 14+20
Sanitary Line E, Sta. 0+00 thru Sta. 2+70
Sanitary Line F, Sta. 0+00 thru Sta. 6+00
Sanitary Line H, Sta. 0+00 thru Sta. 5+61.90
Sanitary Line I, Sta. 0+00 thru Sta. 5+00
Sanitary Line J, Sta. 0+00 thru Sta. 5+00
Sanitary Line J, Sta. 5+00 thru Sta. 8+97.75
Sanitary Line K, Sta. 0+00 thru Sta. 6+41.88
Sanitary Line L, Sta. 0+00 thru Sta. 6+00
Sanitary Line L, Sta. 6+00 thru Sta. 9+58.19
Sanitary Line M, Sta. 0+00 thru Sta. 6+76.26
Sanitary Line N, Sta. 0+00 thru Sta. 6+00
Sanitary Line N, Sta. 6+00 thru Sta. 12+00
Sanitary Line N, Sta. 12+00 thru Sta.14+35.68
Sanitary Line 0, Sta. 0+00 thru Sta. 6+00
Sanitary Line 0, Sta. 6+00 thru Sta.11+44.77
Stewart Avenue Water System Improvements
Water System Details
Sanitary Sewer Details
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
SC-l
SC-2
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SC-03.
PROTECTION OF THE ENVIRONMENT:
The Contractor will carefully schedule his work so that a minimum amount of exposed
earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the
Engineer to minimize the transportation of silt a..,d other deleterious material into the stream beds of
water courses adjacent to the project.
All chemicals used during project construction or furnished for project operation, whether
herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of
either EP A or USDA. Use of all such chemicals and disposal of residues shall be in conformance with
printed instructions.
SC-04.
TEMPORARY TOILETS:
Contractor shall provide temporary toilet facilities on the site for workmen employed in
the construction work. Toilets shall be adequate for the number of men employed and shall be
maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets. At
completion of the work, toilets used by Contractor shall be removed and premises left in the condition
required by the Contract.
SC-05.
PLANS AND SPECIFICATIONS FURNISHED:
The Contractor will be furnished, free of charge, by the Owner up to five (5) sets of direct
blue line prints together with a like number of complete bound specifications for construction purposes.
Additional sets of plans and/or specifications will be furnished to the Contractor at the cost of
reproduction upon his written request.
SC-06.
RECORD DRAWINGS:
The Contractor will maintain in his office one complete set of drawings (including any
supplemental sketches) pertaining to the project upon which, at the end of each day's work any
deviations from the construction lines shown thereon and all changes ordered by the Engineer will be
shown accurately in red pencil. Ifnecessary, supplemental drawings will be made to show details of
deviations or changes, and these will be kept with the marked set. The drawings will be available to the
Engineer for inspection during construction. Satisfactory progress toward the preparation of the record
drawings shall be a condition of approval of monthly payment estimates. At the completion of
construction, prior to submitting his estimate for fmal payment, and as a condition for payment thereof,
three copies of the record drawings, satisfactorily completed, will be transmitted to the Engineer.
SC-07.
EXISTING STRUCTURES:
Where sidewalks, street signs, private signs, walls, sidewalks, fences, etc, are removed
in accomplishing the work, each and every item will be replaced in the same or better manner or
condition than that in which it was before construction began. The Contractor will protect and hold
harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work
adjacent to private property.
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SC-08.
SALVAGE MATERIAL:
All grates, railroad ties, cobblestones, granite curbing, manhole frames and covers, will remain
the property of the Owner and will be stockpiled at , in the manner directed by the
Engineer.
SC-09.
REFERENCED SPECIFICATIONS:
Where specifications or standards of trade organizations and other groups are referenced
in these specifications, they are made as much a part of these specifications as if the entire standard or
specification were reprinted herein. The inclusion of the latest edition or revision of the referenced
specification or standard is intended.
SC-lO.
TRAFFIC CONTROL:
Traffic control shall conform to the Manual on Uniform Traffic Control Devices
(MUTCD) of the Federal Highway Administration, latest edition. The Contractor shall give prior
written notification to and shall obtain the approval of the Augusta-Richmond County Fire and Police
Department of any street closures.
SC-ll.
CONSTRUCTION ORDER AND SCHEDULE:
1. The Contractor shall be responsible for the detailed order, schedule, and methods of construction
activities within the general guidelines specified for maintenance and protection of highway and
pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified.
2. After notice to proceed and prior to the first payment on the contract the Contractor shall submit
the following for review:
A. Breakdown of contract price into units of cost for each item required to complete the
total work; this breakdown will be the basis for judging the percentage complete at any
time.
B. A statement of the order of procedure to be followed that will result in the required
protection and completion of the work within the contract time.
C. A bar chart showing the percentage of each item schedules against time and so scheduled
that Contractor's order of construction is clearly shown.
3. With each request for payment the Contractor shall submit two copies of the bar chart clearly
marked to show the work completed at the date of the payment requested.
SC-12.
INSPECTION AND TESTING OF WORK:
The Owner shall provide sufficient competent engineering personnel for the technical
observation and testing of the work.
SC-3
The Engineer and his representatives shall at all times have access to the work whenever
it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for
inspections.
Inspectors shall have the power to stop work on account of a workman's incompetency,
drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely if
there is not a sufficient quantity of suitable and approved materials or equipment on the ground to carry
it out properly or for any good and sufficient cause. Inspectors may not accept on behalf of the Owner
any material or workmanship which does not conform fully to the requirements of the contract and they
shall give no orders or directions under any possible circumstances not in accordance with the
Specifications. The Contractor shall furnish the inspector with all required assistance to facilitate
thorough inspection or the culling over or removal of defective materials or for any other purpose
requiring discharge of their duties for which service no additional allowance shall be made. The
inspector shall, at all times, have full permission to take samples of the materials that mayor may not
be used in the work.
Any inspection provided by the Engineers is for the purpose of determining compliance
with provisions of the contract specifications and is in no way a guarantee of the methods or appliances
use by the Contractor, nor for the safety of the job.
If the specifications, the Engineer's instructions, laws, ordinances, or any public authority
require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice
ofits readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date
fixed for such inspection. Inspections by the Engineer shall be made promptly, and where practicable
at the source of supply. If any work should be covered up without review or consent ofthe Engineer,
it must, if required by the Engineer, be uncovered for examination and properly restored at the
Contractor's expense.
Re-examination of any work may be ordered by the Engineer, and, if so ordered, the work
must be uncovered by the Contractor. If such work is found to be in accordance with the Contract
Documents, the Owner shall pay the cost of re-examination and replacement. If such work is not in
accordance with the Contract Documents, the Contractor shall pay such cost.
SC-4
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INDEX TO TECHNICAL SPECIFICATIONS
Clearing and Grubbing
Grading
Excavating, Trenching and Backfill for Pipe Lines
Water Distribution System
Sanitary Sewers & Appurtenances
Concrete Curb and Gutter
Concrete Construction
Bituminous Paving
Grassing
1-2
3-6
7-9
10 - 15
16 - 23
24 - 26
27 - 28
29 - 30
31 - 32
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CLEARING AND GRUBBING
01. SCOPE:
Clearing and grubbing shall consist of the removal and disposal of all trees, brush, stumps, logs,
grass, weeds, roots, decayed vegetable matter, post, fences, stubs, rubbish and all other objectionable
matter resting on or protruding through the original ground surface and occurring within the construction
limits or right-of-way of any excavation, borrow area, or embankment.
02. CONSTRUCTION METHODS:
Clearing: Clearing shall consist of the felling and cutting up, or the trimming of trees, and the
satisfactory disposal of the trees and other vegetation together with the down timber, snags, brush and
rubbish occurring within the areas to be cleared. Trees and other vegetation, except such individual trees,
groups of trees, and vegetation as may be indicated on the drawings to be left standing, and all stumps,
roots and brush in the areas to be cleared shall be cut off one foot above the original ground surface.
Individual trees and groups of trees designated to be left standing within cleared areas shall be trimmed of
all branches to such heights and in such manner as may be necessary to prevent interference with the
construction operations. All limbs and branches required to be trimmed shall be neatly cut close to the bole
of the tree or to the main branches, and the cuts thus made shall be painted with an approved tree-wound
paint. Individual trees, groups of trees, and other vegetation, to be left standing, shall be thoroughly
protected from damage incident to construction operations by the erection of barriers or by such other
means as circumstances require. Clearing operations shall be conducted so as to prevent damage by falling
trees to trees left standing, to existing structures and installations, and to those under construction, and so
as to provide for the safety of employees and others.
Grubbing: Grubbing shall consist of the removal and disposal of all stumps, roots and matted
roots from the site as indicated on the drawings. In foundation areas, stumps, roots, logs or other timber,
matted roots, and other debris not suitable for foundation purposes shall be excavated to a depth not less
than 18 inches below any subgrade, shoulder or slope. All depressions excavated below the original
ground surface for or by the removal of stumps and roots, shall be refilled with suitable material and
compacted to make the surface conform to the surrounding ground surface.
.
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03. DISPOSAL OF CLEARED AND GRUBBED MATERIAL:
Saw logs, pulp wood, cord wood or other merchantable timber removed incidental to clearing and
grubbing shall become the property of the Contractor and may be sold by him provided such disposal is
otherwise in accordance with these specifications. All combustible matter removed shall be hauled away
and deposited at locations approved by the Engineer. Combustible matter may be burned or may be
disposed of as stated above. If allowed by the appropriate governmental authorities, burning shall be done
at such time and such manner as to prevent fire from spreading and to prevent damage to adjacent cover
and shall further be subject to all requirements of State or Federal Governments pertaining to the burning.
Disposal by burning shall be kept under constant attendance until all fires have burned out or have been
extinguished.
No burning will be allowed on the site unless all fires be kept under constant attendance by persons
having equipment necessary to prevent the spreading of fires. Such equipment shall include, at the
minimum, a bulldozer or front-end loader, and an approved pump and hose connected to an acceptable
source of water.
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TS - 1
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04. MEASUREMENT AND PAYMENT:
Clearing and grubbing will be considered as a major item and shall be paid for at the lump sum
price as stated in the Bid Schedule.
TS - 2
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GRADING
01. SCOPE:
This area covers grading for the roadways, dam, retention pond, parking areas, drives, and/or
walks, including all excavations, formation of embankments, preparation of subgrade for pavements and
finishing and dressing of graded earth areas, shoulders, and ditches. Work in connection with excavation,
trenching, and backfilling for utility lines is specified under the section entitled "Excavating, Trenching,
and Backfilling for Pipe Lines" .
02. CONSERVATION OF TOPSOIL:
Except where otherwise noted on the plans, topsoil shall be removed without contamination with
subsoil and spread on areas already graded and prepared for topsoil, or shall be transported and deposited
in storage piles convenient to areas that are to receive application of topsoil later, or at locations indicated.
Topsoil shall be stripped to a depth of 3 to 6 inches and, when stored, shall be kept separate from other
excavated materials and piled free of roots, stones, and other undesirable materials.
03. EXCAVATION:
The term "excavation" used hereinafter is defined as "unclassified excavation". Excavation of
every description regardless of material encounter within the grading limits of the project, shall be
performed to the lines and grades indicated. Suitable excavated material shall be transported to and placed
in fill areas within the limits of the work. When directed, unsuitable material encountered within the limits
of the work shall be excavated below the grade shown and replaced with suitable material. Materials
considered unsuitable are those conforming to Classes PT, OH, CH, MH, OL, CL, or ML as described
under the Unified Soil Classification System. Such material removed and the selected material ordered as
replacement shall be included in excavation. Unsuitable and surplus excavation material not required for
fill shall be disposed of in designated waste or spoil areas on or near site and to be determined by the
Owner and/or Engineer. During construction, excavation and filling shall be performed in a manner and
sequence that will provide drainage at all times. Any necessary clearing, grubbing, grassing, disposal of
debris and satisfactory trimming and drainage of the spoil areas other than provided for in the Bid Schedule
shall be considered incidental to the wasting operations and shall be performed by the Contractor at no
additional cost to the Owner.
04. SELECTION OF BORROW MATERIAL:
General: Borrow material shall be selected to meet the requirements and conditions of the
particular fill for which it is to be used. The material shall consist of sand soils or sand-clay soils capable
of being readily shaped and compacted to the required densities and shall be free of roots, trash and any
other deleterious material. Any necessary clearing, grubbing, disposal of debris and satisfactory trimming
and drainage of the borrow areas shall be considered incidental to operations of the borrow excavation and
shall be performed by the Contractor at no additional cost to the Owner. Unless specifically provided, no
borrow shall be obtained within the limits of the project site without written approval.
Borrow Area(s): Borrow material shall be furnished by the Contractor from private sources
selected by the Contractor and shall consist of a suitable material of the type mentioned above. The
Contractor shall obtain from the Owners the right to procure material, shall pay all royalties and other
charges involved, and shall bear all the expense of developing the sources, including right-of-way for
hauling.
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TS - 3
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.
05. EXCAVATION DITCHES AND GUTTERS:
Ditches and gutters shall be cut accurately to the cross-sections and grades indicated by the
drawings. All roots, stumps, and other foreign matter in the sides and bottom of ditches and gutters shall
be cut one foot below fmish grade. Care shall be taken not to over excavate ditches and gutters below the
grades indicated. Any excessive ditch and gutter excavation due to removal of roots, stumps, etc., or due
to over-excavation shall be backfilled to grade either with suitable material, thoroughly compacted, or with
suitable stone or cobble to form an adequate gutter paving as directed. The Contractor shall maintain all
ditches and gutters excavated under this specification free from detrimental quantities ofleaves, sticks, and
other debris until final acceptance of the work. Suitable earth material excavated from ditches and channel
changes shall be placed in embankments. Excavated material shall not be deposited within a distance from
the edge of any excavation of less than 1 1/2 times the depth of the excavation. When storm drain pipe
terminates in a new ditch, the headwall or end section together with ditch pavement shall be constructed
immediately as called for on the plans. Ditch slopes and disturbed earth areas shall be grassed as required
under section entitled "Grassing". The Contractor shall be responsible for maintaining these newly
constructed ditches and take immediate action subject to approval to keep erosion out of the ditch bottom
and slopes to a minimum during the life of the contract. No additional compensation will be given to the
Contractor for the required maintenance.
06. PROTECTION OF EXISTING SERVICE LINES AND UTILITY STRUCTURES:
Existing utility lines that are shown on the drawings or the locations of which are made known to
the Contractor prior to the excavation that are to be retained, as well as utility lines constructed during
excavation operations, shall be protected from damage during excavation and backfilling, and if damaged,
shall be repaired by the Contractor at his expense. In the event that the Contractor damages any existing
utility lines that are now shown, or the locations of which are not known to the Contractor, report thereof
shall be made immediately to the Engineer. If determined that repairs are made by the Contractor, such
repairs will be ordered under the clause of the GENERAL CONDITIONS of the Contract entitled
CHANGES.
07. BACKFILL ADJACENT TO STRUCTURES:
Backfill adjacent to structures shall be placed and compacted uniformly in such a manner as to
prevent wedging action or eccentric loading upon or against structures. Slopes bounding or within areas
to be backfilled shall be stepped or serrated to prevent sliding of the fill. During backfilling operations and
in the formation of embankments, equipment that will overload the structure in passing over the compacting
of these fills shall not be used. Backfill for storm drains and subdrains, including the bedding, shall
conform to the additional requirements as specified.
08. PREPARATION OF GROUND SURFACE FOR FILL:
All vegetation, such as roots, brush, heavy sods, heavy growth of grass, and all decayed vegetable
matter, rubbish and other unsuitable material within the area upon which fill is to be placed shall be
stripped or otherwise removed before the fill is started. In no case will unsuitable material remain in or
under the fill area unless specifically allowed by the Engineer. Sloped ground surfaces steeper than 1
vertical to 4 horizontal on which fill is to be placed shall be plowed, stepped or benched, or broken up as
directed, in such manner that the fill material will bond with the existing surface. Prepared surfaces on
which compacted fill is to be placed shall be wetted or dried as may be required to obtain the compaction
specified.
TS - 4
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09. FILL:
Fills and embankments shall be constructed at the locations and to the lines and grades indicated.
The completed fill shall correspond to the shape of the typical section indicated or shall meet the
requirements of the particular case. Suitable material removed the excavation shall be used in forming the
fill. Fill material shall be reasonably free from roots, other organic material and trash, and from stones
having maximum dimensions greater than 6 inches. No frozen material will be permitted in the fill. Stones
having a maximum dimension larger than 4 inches shall not be permitted in the upper 6 inches of fill or
embankment. The material shall be placed in loose depth for the full width of the cross section and shall
be compacted as required.
10. COMPACTION:
Overall or Overlot Areas: Each layer of the fill or embankment except in the areas indicated as
not requiring compaction, shall be compacted by rolling with an approved tamping roller, heavy rubber-
tired roller, three-steel wheeled power roller, vibratory roller or other compaction equipment, whichever
is best suited for the types of soil encountered, as approved, to at least 95 percent of maximum density at
optimum moisture content.
Field Control: In areas where the density of the fill or embankment is specified, field density tests
will be performed in sufficient number to insure that the specified density is being obtained. These tests
will be made at the expense of the Contractor and will be in accordance with AASHO Standard T147.
11. FINISHED EXCAVATION. FILLS AND EMBANKMENTS:
All areas covered by the project, including excavated and filled sections and adjacent transition
areas, shall be uniformly smooth graded. The finished surface shall be reasonably smooth, compacted,
and free from irregular surface changes. The degree of finish shall be that ordinarily obtainable from
either blade-grader or scraper operations, supplemented with hand raking and finishing, except as otherwise
specified. The finished surface shall be not more than 0.10 foot above or below the established grade or
approved cross section. Ditches and gutters shall be finished so as to permit adequate drainage. The
surface of areas to be grassed shall be fmished to a smoothness suitable for the application of grassing
materials. The surface of embankments or excavated areas for road construction or other areas to be paved
on which a base course or pavement is to be placed shall not vary more than 0.05 foot for the established
grade and approved cross section. In areas where the bulking of soil as a result of grassing operations will
tend to retard surface drainage along the edge of pavements, the finished grades shall be left 0.1 foot below
grade prior to grassing.
12. DISPOSAL OF WASTE MATERIAL:
All vegetation, roots, brush, sod, unbroken pavements, curbs and gutter, rubbish, and other
unsuitable or surplus material stripped or removed from the limits of construction shall be disposed of off
the site, except where otherwise approved in writing by the Engineer. All trees, stumps, brush down
timber, etc. in the disposal area shall be cleared and shall be disposed of by burning, removal from the
property or a combination of both.
Clearing and disposal of trees, stumps, etc. shall comply with the applicable portions of the
Clearing and Grubbing specifications. The complete layer of topsoil in the entire disposal area shall be
removed before placing the surplus excavation. Surplus excavation shall be hauled to the designated
stripped disposal area, leveled to drain and firmed under the normal operation of spreading and hauling
equipment. The topsoil shall then be placed, leveled and lightly compacted.
TS - 5
13. PLACEMENT OF TOPSOIL:
Topsoil shall be placed on all shoulders, slopes, ditches, and other earth areas graded under this
contract, excluding borrow areas, unless otherwise specified on the plans. Topsoil shall be uniformly
placed on these areas to a compacted depth of not less than three (3) inches or more than four (4) inches.
The material shall be free from clods of soil, matted roots, roots greater than 1/2 inch in diameter, and any
other objectionable material which might hinder subsequent grassing and mowing operations. The material
shall be placed, leveled, and lightly compacted with at least one pass of a cultipacker or light pneumatic-
tired roller, to required cross sections, but shall be left one-tenth (0.1) of a foot below the fmished earth
grade.
14. PROTECTION:
Newly graded areas shall be protected from traffic and from erosion, and any settlement or washing
away that may occur from any cause, prior to acceptance, shall be repaired and grades re-established to
the required elevations and slopes, at no additional expense to the Owner.
15. MEASUREMENT AND PAYMENT:
Excavation of all substances encountered, except rock excavation as stated in the Proposal, will
be paid for at the lump sum amount therefor in the Bid Schedule. Placement of fill and anyon-site or off-
site wasting of excess excavated material will be considered as subsidiary responsibilities of the Contractor,
and no separate payment will be made therefor.
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EXCA V A TION, TRENCHING AND BACKFILLING
FOR PIPE LINES
01. SCOPE:
This section covers all excavation, trenching and backfilling for pipe lines, complete.
02. EXISTING IMPROVEMENTS:
Maintain in operating condition and protect from damage all existing improvements including
utilities, roads, streets, sidewalks, drives, power and telephone lines, water lines, sewers, gutters and other
drains encountered, and repair to the satisfaction of the Engineer any aerial, surface or subsurface
improvements damaged during the course of the work. Make reasonable and satisfactory provisions for
the maintenance of traffic on streets, drives, walkways and at street crossings and if necessary to provide
temporary walkways and bridges for crossing of the open trench as directed.
03. EXCAVATION:
Perform all excavation of every description and whatever substances encountered, to the depths
indicated on the drawings or as specified herein. Water piping shall be installed with a minimum fmish
cover of 40 inches. Excavation shall be made by the open cut method except as otherwise specified or
shown on the drawings.
All excavated materials not required for fill or backfill shall be removed and wasted as directed.
The banks of trenches shall be kept as nearly vertical as practicable and where required shall be properly
sheeted and braced. Except where otherwise indicated trenches shall be not less than 12 inches wider nor
more than 16 inches wider than the outside diameter of the pipe to be laid therein, and shall be excavated
true to line, so that a clear space not less than 6 inches or more than 8 inches in width is provided on each
side of the pipe. The bottom of trenches shall be accurately graded to provide uniform bearing and support
for each section of the pipe on undisturbed soil at every point along its entire length, except for portions
of the pipe sections where it is necessary to excavate for bell holes and for proper sealing of pipe joints.
Bell holes shall be dug after the trench bottom has been graded. Bell holes shall be excavated only to an
extent sufficient to permit accurate work in the making of the joints and to insure that the pipe, for a
maximum of its length will rest upon the prepared bottom of the trench. Depressions for joints other than
mechanical shall be made in accordance with the recommendations of the joint manufacturers for the
particular joint used. Excavation for structures and other accessories shall be sufficient to leave at least 12
inches in the clear between their outer surfaces and the embankment or timber which may be used to hold
the bank and protect them. Where damage is liable to result from withdrawing sheeting, the sheeting will
be ordered to be left in place. Except at locations where excavation of rock from the bottoms of trenches
is required, care shall be taken not to excavate below the depths indicated. Where rock excavation is
required, the rock shall be excavated to a minimum overdepth of 4 inches below the normal required trench
depth. The overdepth rock excavation and all excess trench excavation shall be backfilled with loose moist
earth, thoroughly tamped. Wherever wet or otherwise unstable soil that is incapable of properly supporting
the pipe, as determined by the Engineer or indicated on the drawings, or is encountered in the trench
bottom, such soil shall be removed to a depth required for the lengths designated by the Engineer, and the
trench backfilled to the trench bottom grade, as herein specified, with coarse sand, fme gravel, or other
suitable material. Backfill with earth under structures will not be permitted and any unauthorized excess
excavation below the levels indicated for the foundation of such structures shall be filled with sand, gravel,
or concrete.
TS - 7
Grading and Stacking: All grading in the vicinity of trench excavations shall be controlled to
prevent surface ground water from flowing into the trenches. Any water accumulated in the trenches shall
be removed by pumping or by approved methods. During excavation, material suitable for backfilling shall
be stored in an orderly manner a minimum distance of one and one-half times the depth of excavation back
from the edges of trenches to avoid overloading and prevent slides or cave-ins. Material unsuitable for
backfilling, as determined by the Engineer, shall be removed from the job site and disposed of by the
Contractor in a manner as approved by the Engineer.
Shoring and Sheeting: All shoring, sheeting and bracing required to perform and protect the
excavation and to safeguard employees and the public shall be performed. The failure of the Engineer to
direct the placing of such protection shall not relieve the Contractor of his responsibility for damage
resulting from its omission.
Whenever sheeting is driven to a depth below the elevation of the top of the pipe, that portion of
the sheeting below the elevation of the top of the pipe shall not be disturbed or removed. Sheeting left in
place shall be cut off not less than one foot below finished grade. No sheeting shall be removed until the
excavation is substantially backfilled as hereinafter specified.
Water Removal: Where water is encountered, it shall be prevented from accumulating in
excavated areas by pumping, well-pointing and pumping, or by other means approved by the Engineer as
to capacity and effectiveness. Water removed from excavations shall be discharged at points where it will
not cause injury to public or private property, or where the work is completed or in progress. Under no
circumstances shall trench bottoms be prepared, pipes laid, or appurtenances installed in water. Water
shall not be allowed to rise in unbackfilled excavations after pipe or structures have been placed.
Blasting: Explosives are to be used only within legal limitations. Before explosives are used, all
necessary permits for this work shall be secured and all precautions taken in the blasting operations to
prevent damage to private or public property or to persons. The Contractor shall assume full liability for
any damage that may occur during the use of explosives. No blast shall be set off within 50 feet of pipe
already laid in the trench.
Tree Protection: Care shall be exercised to protect the roots of trees to be left standing. Within
the branch spread of such trees, all trenching shall be performed with extra care. The trench shall be
opened only when the work can be installed immediately. Injured roots shall be pruned cleanly and backfill
placed as soon as possible.
04. BACKFILLING:
Trenches and other excavations shall not be backfilled until all required tests are performed and
the work has been approved by the Engineer. The trenches shall be carefully backfilled with the excavated
materials approved for backfilling consisting of earth, loam, sandy clay, sand and gravel, soft shale, or
other approved materials. No material shall be used for backfilling that contains mulch, other unstable
materials, stones, blasted rock, broken concrete or pavement, or other hard materials having any dimension
greater than 4 inches; or large clods of earth, debris, frozen earth, or earth with an exceptionally high void
content.
For backfill up to a level one foot over the top of pressure pipelines and two feet above the top of
gravity pipelines, only selected materials shall be used. Select materials shall be fmely divided materials
free from debris, organic material and stone, and may be suitable job excavated material or shall be
provided by the Contractor from other sources. The backfill shall be placed in uniform layers not
exceeding 6 inches in depth. Each layer shall be moistened and carefully and uniformly tamped with
mechanical tampers or other suitable tools. Each layer shall be placed and tamped under the pipe haunches
with care and thoroughness so as to eliminate the possibility of voids or lateral displacement.
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The remainder of the backfill material shall then be placed and compacted above the level specified
above. In areas not subject to traffic, the backfill shall be placed in 12 inch layers, and each layer
moistened and compacted to a density approximating that of the surrounding earth. Under roadways,
driveways, paved areas, parking lots, along roadway shoulders and other areas subject to traffic, the
backfill shall be placed in 6 inch layers and each layer moistened and compacted to 100% maximum dry
density, so that traffic can be resumed immediately after backfilling is completed. Any trenches which are
improperly backfilled, or where settlement occurs, shall be reopened to the depth required for proper
compaction, then refilled and compacted with the surface restored to the required grade and compaction.
Along all portions of the trenches not located in roadways, the ground shall be graded to a reasonable
uniformity and the mounding over the trenches left in a neat condition satisfactory to the Engineer.
Sheeting not specified to be left in place shall be removed as the backfilling progresses. Sheeting
shall be removed in such a manner as to avoid caving of the trench. Voids left by the removal of sheeting
and shoring shall be carefully filled and compacted. Where in the opinion of the Engineer, damage is liable
to result from withdrawing sheeting, the sheeting will be ordered to be left in place.
OS. RESTORATION OF PROPERTY:
The Contractor shall carefully restore all property defaced by operations or acts of any of his
agents or employees. Such restoration shall include seeding, sodding, and the repair or replacement of
driveways, walks, fences, steps, or other facilities in such manner as to meet with the approval of the
Engineer and to be at least equal in quality to the original undisturbed work.
06. REMOVAL AND REPLACEMENT OF EXISTING PIPE AND EOUIPMENT:
Where indicated on the drawings or required to properly place the work under this contract, as
approved by the Engineer, the Contractor shall remove and replace such pipe lines and equipment in a
manner as approved by the Engineer.
07. MEASUREMENT - PAYMENT:
Excavation and backfilling for pipelines and appurtenances except herein after provided for, will
be considered as incidental to the construction of the various elements of the installation it is associated
with, and no separate payment will be made therefor.
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WATER DISTRIBUTION
01. SCOPE:
The work covered by this section of the specifications consists of furnishing all plant, labor,
supervision, equipment, materials and appliances and in performing all operations in connection with
installation, testing and sterilization of under-ground pipe, valves, fittings and appurtenances for the water
distribution system, complete in strict accordance with this section of the specifications and the applicable
drawings and subject to the terms and conditions of the contract. Any deviations from the plans (specs.,
materials and drawings) must be reviewed and approved in writing by the Augusta Richmond County
Utilities Department prior to beginning construction. Any installation made without approval shall be
removed at the contractor's expense.
02. NOTIFICATION:
Before commencing any water main construction, the Contractor shall notify the Augusta
Richmond County Utilities Department, 2760 Peach Orchard Road, 796-5000. No valves shall be operated
by the Contractor or his representative without an authorized employee of the Waterworks Operations
Department being present.
03.
SPECIFICATIONS (MATERIALS):
a. GENERAL: Pipe for water mains shall be cast iron (CI), ductile iron (DI), or polyvinyl
chloride (PVC) per following specifications. Fittings for all pipe shall be cast iron or standard size ductile
iron, mechanical joint, cement lines. Retainer glands, where specified, shall be ductile iron. All materials
will be American made. Any pipe, solder or flux used in the installation or repair of the water lines must
be lead-free. Pipes and fittings must not contain more than 8.0% lead and solders and flux must not
contain more than 0.2 % lead.
Water meter service lines shall be copper, Type K, with brass fittings, as listed below:
Mueller: Hays: Ford: McDonald:
Curb Cocks (3600 turn) H-10257 4000 Bl1-233 6111
Corporation Cocks H-9971 5230 F-200 3120
Service Ells H-15530 5628 L-28-44 4779
Service Connections H-15485 5312 LA 102-34 4749
Copper to Copper H-154oo 5615 C22-34 4758
Copper to Iron H-15425 5605 C28-34 4753
Note: Flare fittings only. No compression fittings will be accepted.
b. mON PIPE: Cast iron or ductile iron pipe and fittings shall be in accordance with
the following specifications with 1/6" cement mortar lining and rubber gasket joints, except where noted
on plans. Cast iron pipe shall have a bursting tensile strength of 21,000 psi and a ring modulus of rupture
of 45,000 psi. Except as otherwise indicated on plans, minimum wall thickness shall be as follows:
Pipe Size: Thickness Class:
Cast Iron Ductile Iron
22 3 (Class 50)
21 2 (Class 50)
23 2 (Class 50)
4"
6" - 20"
24"
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Specifications:
AWWA C-106-75
ANSI A-21.6-1975
Description:
Cast iron pipe centrifugally cast in metal molds for water or other
liquids.
AWWA C-108-75
ANSI A21.8-1975
Cast iron pipe centrifugally cast in sand-lined molds for water or
other liquids.
AWWA C-llO-71
ANSI A21.1O-1971
Gray-iron and ductile iron fittings, 2" thru 48" for water and other
liquids.
AWWA C-lll-72
ANSI A21.11
Rubber-gasket joints for cast iron and ductile iron pressure pipe
and fittings.
AWWA C1l5-75
ANSI A21.15-1971
Flanged cast iron and ductile iron pipe with treaded flanges.
AWWA CI51-71
ANSI A21.51-1971
Ductile iron pipe, centrifugally cast in metal molds for water or
sand-lined molds for water or other liquids.
A WW A C-602-83
ANSI A21.4-1974
Cement-mortar lining for cast-iron and ductile-iron pipe and
fittings for water.
The pressure rating, metal thickness class, net weight or pipe without lining, length of pipe and name of
manufacturer shall be clearly marked on each length of pipe.
c. GALVANIZED PIPE: All galvanized pipe (1112" - 3") shall be American made,
Schedule 40 and shall conform with the ASTM Specifications.
d. POLYVINYL Cm..ORIDE (PVC) PIPE: Polyvinyl chloride pipe shall be in
accordance with A WW A Specifications C900-75, Polyvinyl Chloride (PVC) Pressure Pipe, 4" thru 12"
for water, Class 200, DR-14 with cast iron pipe equivalent OD's, gasket bell end with elastromeric gasket.
1. Polyvinyl Chloride (PVC) Pipe: 1 112" thru 3" shall be ring-tite or solvent
welded joints, Class 200. Fittings shall be same as specified for iron pipe.
e. VALVES: Valves shall be iron body. bronze mounted, A WW A mechanical joint,
convention or "a" ring packing, approved non-rising stem gate valves. Valves shall be M&H Fig. 67M,
Mueller H-866 or H-864 or approved equal. All gate valves and tapping valves shall be OPEN RIGHT.
1. Gate valves in sizes 4" thru 12" shall be Mueller H -866 or approved equal.
2. Gate valves in sizes 16" and larger shall be of the horizontal type with
mechanical joint, rollers, tracks and with non-rising stem. All 16" and larger valves shall have a by-pass
valve with non-rising stem. All horizontal valves shall have totally enclosed watertight gear case.
Horizontal valves should be of the Mueller A-2480-20-106 type or approved equal.
f. VALVES BOXES: Valve boxes shall be American made M&H E-2702 (564A),
Mueller H10364 (564A), Russell #564-S or 564A, or approved equal. Each valve box shall be slip-type
to adjust for a minimum cover of 36" bury. Extension pieces will be required for additional depth over
valve. Extensions shall be M&H E-3120 or Mueller H-10375 or approved equal. Covers shall have
"water" cast on top.
g. METER BOXES: Meter boxes shall be American made "Rome Type" cast iron
10" x 19" X 10". You shall have cast ribs on bottom side with four (4) legs to prevent sliding movement.
Top shall have minimum weight of 13 pounds. Box shall have minimum weight of 37 pounds. Lids to be
TS - 11
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marked "water".
h. FIRE HYDRANTS: Fire hydrants shall be in accordance with A WW A
Specifications C502-73, Dry Barrell Fire Hydrants, as modified by the following:
1. Model - Mueller Centurian, M&H, Figure 29%, or approved equal.
A WW A compression type - dry top - traffic model, 150 psi working
pressure, 300 psi testing pressure.
2. Size of Hydrant Valve Opening - 5 114".
3. Number and Size Hose Nozzle - 2.
4. Hose Nozzle Threading - National Standard.
5. Number and Size Steamer - 1.
6. Steamer Nozzle Threading - 5 3/8" 0.0., 6 threads per inch.
7. Size of Shoe Connection - 6".
8. Type of Shoe Connection - Mechanical Joint.
9. Size and Shape of Operating Nut - Pentagon, 1 Ih" flat to point.
10. Direction of Opening - Open Left (counter clockwise) N.R.S.
11. Bury - Minimum 42" .
12. Color - Yellow with aluminum bonnet and caps.
i. TAPPING SLEEVES: The tapping sleeve shall be mechanical type joint suitable
for 150 psi working pressure, M&H, Mueller, Clow, or equal.
04. EXCAVATION. TRENCHING AND BACKFILLING:
Excavation, trenching and backfilling shall be in accordance with the Section, "Excavation,
Trenching and Backfilling for Pipe Lines" .
05. INSTALLATION:
a. GENERAL: Installation of pipe, valves, fittings and appurtenances shall be in accordance
with the applicable provision of the specified sections of the following specifications. Minimum cover over
top of pipe shall be 36" or as indicated on plans. A horizontal separation of at least 1 0 I must be maintained
between the water main and the existing or proposed sewer. When water mains cross sewers, a minimum
vertical separation of 18" must be provided between the two (2) pipes (measured edge to edge). At
crossings, one full length of water pipe must be located so that both joints are as far from the sewer as
possible.
Iron Pipe: A WW A Specifications C600-64. Installation of cast iron water mains, Sections
7, 9b through 13.
PVC Pipe: Same as above for iron pipe. 14 Gauge c:opper wire will be buried above the
pipe and wrapped around valves and fittings to insure continuity.
b. WATER METER SERVICE:
1. Taps: Taps shall be made on the upper half of the water main at an angle of 45
degrees from vertical. The trench for the service line shall be excavated to a depth which will insure a
minimum cover of 30 inches below [mished grade. The new copper line shall be laid in a straight line
insofar as possible from the corporation cock to the curb cock. The curb cock shall be located 12" behind
the back and 8" below the top of the new curb or raised edge asphalt. A plan of typical water meter
services is incorporated in these specifications. Service taps on mains in subdivisions shall be made so that
service lines will be located in the center of proposed lots.
2. New Water Meter Service on New and existing Mains: A new water meter
service shall consist of the following:
(a). 1" tap in water main and double-strapped tapped saddle if on PVC pipe.
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(b). 1" corporation cock installed in main.
(c). 1" main connector, optional.
(d). 1" copper tubing from main connector.
(e). 1" service ell.
(t). 1" curb cock.
Refer to Section TS-03 of these specifications on material.
3. Meter Service Renewal on Existing Main: Meter service renewal shall consist
of relocating the existing meter and box to location shown on the plans or as directed by the Augusta
Richmond Utilities Dept. Engineer; installing a new 1" copper line with required fitting and adapters from
the existing corporation cock in water main to the water meter; reconnecting the water meter to existing
house service with pipe and fitting of same size and type as existing house service, complete.
4. Water Meter Service Adjusted: Where a conflict exists between the existing
meter services and the new curb and gutter, etc., the contractor shall adjust grade and make extension as
required using existing pipe and fitting or furnishing new pipe and fitting of same and materials as existing
as required.
5. Extending Services: Existing copper services, at the discretion of the Inspector,
can be extended by using 4 copper to copper couplings. All new material (service ell, curb cock and
copper) shall be used and shall be of equal size to the existing service to be extended.
6. Existing Water Mains to be Extended or Tapped: No taps or extensions of
existing mains shall be made unless an Inspector is present. Notice of 24 hours shall be given to the
Augusta Richmond Utilities Dept. before commencing work. Large transmission mains will be tapped by
Augusta Richmond Utilities Department at the contractor's expense.
7. New Water Main Insta1lation: After the curb and gutter has been installed or line
and grades established to receive asphalt with raised edge, the water main shall then be installed.
Procedure of installation to conform to A WW A Specifications C600-64, Section 7, 9b through 13.
c. VALVES: Before setting each valve, make sure the interior is clean and test opening and
closing. Set valves and stops with stem plumb and at the exact locations shown. Valve and service boxes
shall be plumb, with tops at fmished grade. Tamp trench backfill thoroughly for a distance of 3' on all
sides of the boxes. Tap connection to existing mains shall be kept closed until after the line is tested,
sterilized, flushed, and accepted for service.
d. FIRE HYDRANT AND LATERALS: Before setting, remove foreign material from
barrel and test for opening and closing. Set hydrant plump with hose nozzles 18" above finished grade and
24" behind the curb. The hydrant shall be set at a height so that the backfill or final grading will be at the
bury line. The fire hydrant shall be set a minimum of 3' from any tree, power pole, fence or structure.
All laterals from main to hydrant location shall be case iron or ductile with 6" M. J. Valve. Two cubic
feet of gravel shall be placed under the hydrant for drainage from the barrel. Tie rods, concrete and
retainer glands shall be used for blocking. After installation, all hydrants shall be given a touch-up cost
of red lead paint and two (2) field costs of high grade paint of the color specified by the Augusta Richmond
Utilities Dept. Engineer.
e. REACTION BLOCKING: All plugs, fire hydrants, caps, tees, bends and other fittings
shall be provided with adequate reaction blocking. Reaction blocking shall be of 3000 lb. concrete and
shall bear directly against the undisturbed trench wall. Metal tie rods and clamps and retainer glands may
be used in lieu of blocking when using cast iron pipe. All tie rods, clamps and retainer glands shall be
given a bituminous protective coating. All bolts and joints shall be left exposed and caution taken while
pouring blocking not to cover tees, bolts, etc., as mentioned above.
f. WATER MAINS CUT AND PLUGGED: After new main and services have been
installed, sterilization test completed and meters connected, existing water mains will be cut and plugged
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as directed by the Augusta Richmond Utilities Dept. Engineer.
g. WATER MAINS CUT AND PLUGGED: The Contractor shall cut and plug existing
water mains where shown on the plans or required for the installation of new work, using a plug, cap or
solid sleeve, as directed by the Augusta Richmond Utilities Dept. Engineer, complete with reaction
blocking.
h. TAPPING SLEEVE AND VALVE: The Contractor shall install a tapping sleeve and
valve of proper size and type on the existing water main, tap main and install valve box. The outside of
the tapped main shall be cleaned just prior to installation of the tapping sleeve. (Refer to Section 03,
paragraph L) The cost of which shall be reimbursed by the Contractor.
06. TESTING:
After installation of the main, hydrant, services and appurtenances, the main shall be filled and
flushed to remove air from the system prior to the testing. The main shall then be refilled and all valves
closed feeding the system to be tested. The Contractor shall be required to furnish all equipment to
satisfactorily perform the hydrostatic test as specified herewith. The pump shall be installed at the low
point of the system and pressure shall be increased to 100 Ibs. per square inch above the normal static
pressure or 200 lbs per square inch, whichever is greater. Leakage shall not exceed 23.3 gallons per day,
per mile of pipe, per inch of diameter. All pressure tests shall be successfully conducted for not less than
four (4) consecutive hours. The test shall be performed after the curb and gutter has been completed and
all curb cocks have been located. Notice of 24 hours shall be given to the Augusta Richmond Utilities
Dept. Engineering Department prior to beginning the test.
07. STERILIZATION:
Sterilization shall comply to A WW A Specifications C601-53T, Sections 2-2, 2-3, and 2-4. A
representative from the Augusta Richmond Utilities Dept. Engineering Department shall be present with
four (4) hours notice prior to placing the disinfectant in the system. A notice of 24 hours shall be given
the Augusta Richmond Utilities Dept. Engineering Department when the main is ready for a sample to be
drawn and tested. The provisions of this paragraph apply equally to new pipe and fittings and to existing
pipe lines into which connections have been made or which may have been otherwise disturbed to the
extent that contamination may have occurred. All requirements of the Health Department shall be observed
in executing this work. Acceptable analysis must be obtained prior to placing the system in service.
Disinfection of water lines and the disposal of heavily chlorinated water (following disinfection) must be
accomplished in accordance with A WW A Standard C651 (latest revision).
08. "DRY BORE AND JACK" METHOD:
MATERIALS:
1. Casing Pipe: The casing pipe shall conform to the materials standards of ASTM
DesignationA-211, Grade B, with minimum wall thickness of 0.438 inch. Steel pipe will have a minimum
yield strength of 35,000 PSI. Casing pipe shall be joined together with welded joints.
2. Carrier Pipe: The carrier pipe shall be ductile iron as specified herein.
3. Installation: The steel casing shall be installed by the "Dry Bore and Jack" method. If
voids shall develop or if the bored hole diameter is greater than the outside diameter of the pipe by more
than approximately one (1) inch, remedial measures will be taken as approved by the Augusta Richmond
Utilities Dept. Engineer.
When installing water line through casing, the Contractor shall use mechanical joint pipe with
retainer glands throughout length of casing. The water main shall be strapped to 8-foot long wooden skids
with metal straps throughout length of casing. The ends of the casing shall be sealed with rock and mortar.
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09. SALVAGE MATERIAL:
All existing pipe, fittings, valve boxes, etc., removed during installation of water system
improvements and not reused on the job shall be delivered to a location as directed by the Augusta
Richmond Utilities Dept. Engineer.
10. MEASUREMENT:
a . WATER MAIN: The overall length of water main actually installed will be measured in
linear feet along the central axis of the diameter of the pipe from the center to center of junction pipes, end
of pipe of centerline of fitting, valve or fire hydrant, whichever is applicable.
b. FITTINGS: Measurement of fittings shall be the total weight of all fittings with retainer
glands installed and accepted. Weight of gaskets and bolts and nuts shall be included in measured weight.
c. WATER MAIN CUT AND PLUGGED: The quantity to be paid for under this item will
be the actual number of each size water main cut and plugged, complete and accepted.
d. TAPPING SLEEVE AND VALVE: The quantity to be paid for under this item will be
actual number of tapping sleeves and valves installed, complete, including tap and valve box and accepted.
e. VALVES: The quantity to be paid for under this item will be the actual number of valves,
installed, complete with valve box and accepted.
f. FIRE HYDRANTS: The quantity to be paid for under this item will be the actual number
of fire hydrants installed, complete and accepted.
g. WATER METER SERVICES: The quantity to be paid for under this item will be the
actual number of water meter services (new), water meter services (existing water main), and water meter
services renewed (existing main) installed, complete and accepted.
h. WATER METER SERVICE ADJUSTED: Measurement of water meter services
adjusted shall be the actual number of water meter services adjusted, complete and accepted (this item
includes new pipe and fittings, as required).
i. JACK & BORE: Installation of pipe by jack and bore method shall be measured in place
from end of pipe to end of pipe. The per foot price includes carrier pipe installed in casing with blocking
and casing pipe ends sealed, complete per plans and this specification.
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PAYMENT:
Payment for each size of water main pipe measured as specified above will be paid for at contract
price per linear foot as set forth below. Other measured items shall be paid for at the contract unit or lump
sum price for the various items, which payment shall be full compensation for furnishing and installing the
items, complete in place in accordance with the specifications.
No separate payment will be made for excavation and backfill, testing, sterilization, reaction
blocking and for clamps and tie rods or other items of work required for a complete installation except as
itemized below for payment and all such costs shall be included in the applicable contract unit price or
lump sum bid item.
Payment will be made under the following:
Water Main
Fittings
Valve with Box
Tapping Sleeve and Valve
Water Meter Service, New
Water Meter Service, Renewal, Existing Main
Water Meter Service, Adjusted
Water Main Cut and Plugged
Fire Hydrant
Boring and Jacking for Water Line
inches
per linear foot
per ton
per each
per each
per each
per each
per each
per each
per each
per linear foot
11.
inch size
inch size
inch size
TS - lS
SANITARY SEWERS & APPURTENANCES
01. SCOPE:
The work covered by this section of the specifications consists of furnishing all plant, labor,
equipment and materials and in performing all operations in connection with the installation of sanitary
sewer pipe, structures and appurtenances, complete, in strict accordance with these specifications and the
applicable drawings and subject to the terms and conditions of the contract.
02. APPLICABLE SPECIFICATIONS:
The latest edition of the following specifications for a part of this section of the specifications:
(a) AMERICA SOCIETY OF TESTING MATERIALS SPECIFICATIONS:
ASTM Des. C-12 Installing Clay Pipe
ASTM Des. C-76 Reinforced Concrete Culvert., Storm Drain and Sewer Pipe
ASTM Des. C-700 Extra Strength Clay Pipe
ASTM Des. C-425 Vitrified Clay Pipe Joints Using Materials Having Resilient
Properties
ASTM Des. C-443 Joints for Circular Concrete Sewer and Rubber-type Gaskets
ASTM Des. C-478 Precast Reinforced Concrete Manhole Risers and Tops
(b) FEDERAL SPECIFICATIONS:
SS-B-656 Brick: Building (Common) Clay
(c) MANUFACTURERS SPECIFICATIONS:
Johns-Mansville Perma-Loc Pipe
03. GENERAL:
The contract drawings indicate the extent and general arrangement of the sanitary sewer system.
If any departure from the contract drawings are deemed necessary by the Contractor, details of such
departures and the reasons therefore, shall be submitted as soon as practicable for approval. No such
departures shall be made without written approval of the ARC Utilities Dept. Engineer.
The drawings and these specifications shall be considered as supplementary one to the other so that
materials and labor indicated, called for or implied by this one and not the other shall be supplied and
installed as though specifically called for on both.
04. MATERIALS:
(a) GENERAL: All materials furnished by the Contractor shall be new and shall meet the
requirements of the applicable specifications in this paragraph. The pipe installation is designated for the
rigid pipe listed in the substitution schedule with a minimum factor-of-safety of 1.5 when installed in
accordance with these specifications. Except where called for on the plans, the Contractor may use any
type of rigid pipe in accordance with the following substitution schedule.
The Contractor may also use flexible pipe meeting this specification. The Contractor shall modify
the pipe bedding and installation procedures as outlined herein in accordance with the pipe manufacturer's
recommendation to provide a maximum limiting deflection of 5 % of the nominal pipe diameter under loads
for this installation. Calculations shall be furnished the ARC Utilities Dept. Engineer upon request.
TS - 16
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Pipe Size
6"
8"
10"
12"
15"
18" or larger
SUBSTITUTE SCHEDULE FOR RIGID PIPE
Clav Pipe Concrete
C-700 C14 Ex. Str.
Reinforced Concrete
"
"
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"
C-76 Class III
"
"
"
(b) PIPE (RIGID TYPE):
(1) Non-Reinforced Concrete Pipe: ASTM Specification C-14.
(2) Reinforced Concrete Pipe: ASTM Specification C-76 sizes.
(3) Clay Pipe: ASTM Specification C-700, Extra Strength for all sizes.
(c) PIPE (FLEXIBLE):
(1) Polyvinyl chloride (PVC) sewer pipe per ASTM Specification D-3034, SDR-35.
(2) Johns-Manville Perma-Loc PVC pipe.
(d) JOINTS AND JOINTING MATERIALS:
(1) Rubber Gasket Joints for Concrete Pipe: All concrete pipe shall be provided with
a-ring rubber gasketed joints conforming to the requirements of ASTM
Designation C-443. A grove for confming the gasket shall be cast in the spigot.
Gaskets shall have a circular cross-section and the hardness shall be 45, plus or
minus 5, when measured in accordance with ASTM Designation D-2240. The
pipe joints shall be designed to withstand the gasket compression.
(2) Vitrified Clay Pipe Joints Using Material Having Resilient Properties: Resilient
joints shall conform to the requirements of ASTM Designation C-425, Type III.
(3) Reinforced Polyester Mortar Pipe: a-ring rubber gasket joint.
(4) Polyvinyl Chloride: Rubber gasket.
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05. INSTALLATION:
(a. 1) Pipe Laying: The bottom of the trench where sewer pipe is to be laid shall be prepared
and shaped as shown on the plans and specified under the Section EXCAVATION, TRENCHING AND
BACKFILLING, to give uniform circumferential support to the lower quadrant of the pipe for the
maximum length.
Pipe laying shall proceed upgrade with the spigot end of bell and spigot pipe pointing in the
direction of the flow. Each pipe shall be laid true to line and grade in such a manner as to form a close
concentric joint with the adjacent pipe and to prevent offsets in the flow line. As the work progresses, the
interior of the sewer shall be cleaned of all dirt and superfluous materials of every description. Where
cleaning after laying is difficult because of small pipe size, a suitable swab or drag shall be kept in the pipe
and pulled forward past each joint immediately after the joint is completed. If the maximum permissible
width of the trench at the elevation of the top of the pipe is exceeded for any other reason than at the
direction of the Engineer, the Contractor shall install, at his own expense, such concrete cradling, pipe
encasement or other bedding as is required by the Engineer to support the additional load on the pipe.
Trenches shall be kept free of water until joints have been made up. No pipe shall be laid when the
condition of the weather or the trench bottom is unsuitable for such work. At all times when the work is
not in progress, all open ends shall be securely closed to the satisfaction of the Engineer so that no trench
water, earth or other foreign substance can enter the line.
(a.2) flexible pipes shall be installed so as to support the dead loads (backfill) and live loads
(units, equipment, etc.') with a limiting vertical deflection of no more than 5 % of the normal pipe diameter.
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TS - 17
The Contractor shall install the pipe in accordance with the manufacturer's recommendations and in
accordance with ASTM 0-2321-74. Minimum installation shall be as shown on sketch, Page TS-4. The
Contractor shall demonstrate that the limiting vertical deflection requirement of this specification is met
by testing every section of pipe with the diameter of 8" or larger with a Go-No-Go device approved by the
ARC Utilities Dept. Engineer.
Design loading criteria: ASCE No. 37
(a) Dead Load: (Earth backfill) 120#/Cu. Ft.
(b) Live Load: 10,000 # wheel load
(c) Impact Factor: 1.5
All pipe shall be carefully examined before it is installed in the trench. All damaged or unsound
pipe or pipe which otherwise fails to meet specification requirements shall be rejected and shall be removed
from the site of the work.
NOTES:
1. Class I material shall be GA DOT Size #89 stone. No separate payment shall be made for this item
and all such costs shall be included in the price per linear foot of pipe.
2. Initial backfill with Class III material in two steps: one to the top of the pipe and the other to a
point 6" to 8" maximum, over the top of the pipe. Compact each stage by hand or mechanical
tamping to a minimum of 95 % Standard Proctor Density.
(b) Jointing:
(1) Vitrified Clay and Concrete Bell and Spigot Pipe:
The jointing procedure for vitrified clay pipe having joins using materials having
resilient properties and concrete pipe having rubber gasket joints as specified
herein before, shall be as recommended by the manufacturer of the joint material
and approved by the Engineer. The Contractor shall furnish and install the joint,
complete, using such adhesive or lubricating substances as are recommended.
Care shall be taken to prevent excessive exposure of the gaskets to sunlight before
installation.
(2) Reinforced Polyester Mortar and Polyvinyl Chloride Pipe:
The joints shall be made according to the manufacturer's recommendation.
06. CONCRETE CRADLES. SADDLES AND ENCASEMENT:
The Contractor shall install concrete cradles, saddles or encasement where shown on the plans or
as directed by the Engineer. These structures shall be constructed in strict accordance with the details
shown on the plans and as herein specified. Concrete shall have a 28 day compressive strength of 3,000
psi when tested in accordance with ASTM Specification C-39.
07. MANHOLES:
(a) General:
All manholes indicated on the plans shall be furnished and installed by the Contractor in
accordance with the plans and provisions of this section of these specifications. Manholes
shall be constructed with cast iron frames and covers in accordance with the details as
shown on the plans. The base of the manhole shall be constructed of 3000 psi concrete
as specified elsewhere in these specifications. The invert channels shall be smooth and
accurately shaped to the semi-circular bottom conforming to the inside of the adjacent
sewer sections as shown on the plans. Changes in direction of the sewer and entering
branches shall have as long a radius of true curvature as the side of the manhole will
TS - 18
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permit. Manhole steps shall be spaced as shown on the plans.
Types:
1. Brick Manholes: Brick for manholes shall conform to Federal Specifications SS-B-
656, Type H. all brick shall be thoroughly cleaned and saturated with water immediately
before being laid up. the brick shall be laid radially in header courses with the joint
broken by staggering each successive course. Details of the manhole shall conform to the
plans. Brick shall be laid up with cement mortar made of one part Portland Cement and
two parts of approved sand to which may be added lime not to exceed 25 percent by
volume of the cement. The outside of the manhole shall be plastered with 1/2 inch of
cement mortar. The inside of the manhole may be rubbed with a cloth in lieu of striking
the joints. Concrete, brick work and mortar shall be protected against low temperatures.
2. Precast Concrete Manholes: Precast manholes consisting of precast risers and
tops, conforming to the requirements of ASTM Designation C478-61T, may be used in
lieu of brick manholes. The precast top section shall be of the eccentric cone type. the
lower end of the section shall be set in a bed or mortar in a recess formed in the base slab
and the outside of the joint shall then be sealed with leveled fillet of mortar. The joints in
the riser pipe shall be set in and sealed with cement mortar as specified above.
3. Poured-in-Place Concrete: The manhole construction shall be similar in detail to
manholes shown on the plans. Concrete shall have a 28 day compressive strength of 3000
psi when tested in accordance with ASTM Specifications C-39. The base shall be poured
monolithically with the rest of the manhole. The base shall have a minimum diameter 8"
greater than the outside diameter of the manhole and minimum thickness including the area
under the pipe as follows:
0' to 8' depth 8"
8' to 12" depth 10"
12' and above 12"
Reinforcing in the bottom shall be #4 bars at 11 inches on center each way.
The manhole barrel wall shall be a minimum of 6" thick. Reinforcing is not required.
The first pour shall consist of approximately 1/2 cubic yard deposited evenly around the
walls. The concrete must be carefully rodded or vibrated on each side of each pipe.
Additional concrete should be deposited in evenly distributed layers not to exceed 18" with
each layer vibrated or rodded to bond it to the preceding layer. Form marks and offsets
up to 1/2" will be permitted inside the manhole. All offset on edges inside the manhole
will be smoothed and plastered with a mortar consisting of 3 parts of masonry sand to 1
part of Portland cement immediately upon removal of the forms. If cracks occur or
excessive honeycombs appear after form removal, at the opinion of the ARC Utilities
Dept. Engineer, the entire manhole will be removed at the Contractor's expense and
repoured.
No cold join pours will be permitted.
The top of the barrel shall have the form of an eccentric cone so that manhole steps are on
a vertical face.
4. Manhole Steps: Manhole steps shall be installed in all sections of each manhole
as indicated on the drawings. The steps in the precast sections may be installed when
sections are cast or may be inserted after the manhole has been constructed. All damage
to the precast section caused by the insertion of the steps shall be repaired and sealed with
expanding mortar to prevent leakage. Steps shall be of cast iron, Sumpter Machinery
Company #1 or approved equal.
TS - 19
5. Manhole Frames and Covers:
General: Manhole frames and covers in improved areas or streets shall set flush with the
finished grade. In improved areas or where no fmished grade is established, the top of the
frame and cover shall be set one foot above the existing ground unless otherwise directed.
The word SEWER shall be cast on the manhole cover.
Standard Frames and Covers: Cast iron for manhole frames and covers shall conform
to ASTM A-48, Class 30, gray iron. Casting shall be quality cast iron such that the metal
is strong, tough and of uniform grain. they shall be smooth, free from scale, lumps, blow-
holes, blisters and defects of every kind which render them unfit for the intended use. No
plugging or filling shall be permitted. All bearing surfaces shall be machined to provide
mating and to eliminate rocking. Standard frames and covers shall be Sumpter Machinery
Company No. MF-68L frames and MC-68L covers.
Installation: The top of the manholes shall be topped out with brick as indicated on the
drawings. The number of courses will depend on the required elevation of the top of the
manhole. The brick shall be laid radially in header courses with joints broker by
staggering each successive course. The manhole ring and cover shall be set in a bed or
mortar on the top course of brick. The outside of the manhole shall be plastered for the
full extent of the brickwork with mortar to a thickness of not less than 1/2 inch. The
inside face of the manhole brickwork may be rubbed with a cloth in lieu of striking the
joints. The brickwork and mortar shall be protected against low temperatures and cured
so as to prevent damage by freezing.
Outside Drop Connections: Where specified, drop connections to manholes shall be
constructed in accordance with Paragraph 06 and pipe and fittings in accordance with
Paragraph 04.
08. STUB OUTS FOR FUTURE SEWERS:
Where and to the extent indicated on the plans, pipe stub-outs for the connections of future sewers
shall be provided during the construction of new manholes of the sewer. Joints shall conform to the
requirements of Paragraph 04 of these specifications. Each stub-out shall be plugged with a clay or concrete
plug sealed in the bell end of the stub-out.
09. TIE-IN OF EXISTING SEWERS:
Existing sewers shall be tied-in to the new sewers at locations indicated on the plans. New manholes
will be constructed at the intersection of the two sewers with the existing sewer passing through the manhole.
After the completion of the manhole, the portion of the existing sewer inside the manhole will be removed
in a neat manner to allow the flow of sewage to enter the manhole. When the flow of the existing sewer is
to be diverted into the new sewer the open end of the existing sewer in the opposite wall will then be closed
and sealed with a precast plug or masonry bulkhead coated with cement mortar plaster.
10. SIDE SEWERS:
1. General: A side sewer shall consist of a sewer extending from a connection to the street or
main sewer to its connection to the house sewer or other point as designated by the ARC Utilities Dept.
Engineer. The side sewer connection to the street sewer shall be as follows:
New 8", 10" or 12" Y fitting in street sewer with 45 degree
elbow.
New 15" and larger or existing Machine made tap and suitable street sewer
saddle or otherwise as approved by
the ARC Utilities Dept. Engineer.
TS - 20
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The Contractor shall install a side sewer where shown on the plans or directed by the ARC Utilities Dept.
Engineer and in accordance with the details shown on the plans.
2. Pipe Laying: Belled pipe shall be laid with the bell end up grade and in general, all pipe
laying shall start and proceed up grade from the point of connection at the street sewer or other starting point.
Pipe shall be laid in a straight line at a uniform grade between fittings on a uniform
horizontal or vertical curvature achieved by deflecting pipe joins within the limits recommended by the
manufacturer of the pipe used.
3. Fittings: All fittings shall be factory-produced and shall be designed for installation on the
pipe to be used. Fittings shall be of the same quality and material as the pipe used.
The maximum deflection permissible at anyone fitting shall net exceed 45 degrees (one-
eight) 1/8 bend. The maximum deflection of any combination of two adjacent fittings shall not exceed 45
degrees (one eight (1/8) bend) unless straight pipe of not less than two and one-half (2 1/2) feet in length be
installed between such adjacent fittings or unless one of such fittings is a wye branch with a cleanout
provided on the straight leg.
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11. FIELD TESTS:
I. Pipe: Each piece of pipe shall be visually inspected immediately before being placed in the
trench and all pieces which appear to be cracked or damaged in any way shall be rejected. Particular notice
shall be made of the joints to be sure that a water-tight joint be assured.
2. Joints, Alignment and Grade: After the pipe has been installed in the trench and prior to
the placing of any backfill, the joints, alignment and grade shall be carefully examined and checked for
conformance with specified requirements. The pipe shall be observed during backfilling operations to be
sure that the required conditions of the joints, alignment and grade have been maintained.
3. Appurtenances: All manholes and other appurtenances shall be of specified size, shape and
materials. The work shall comply with these specifications and if found not so in any respect it shall be
brought to proper condition at the expense of the Contractor.
4. Infiltration: A maximum allowable rate of infiltration into sewer lines shall be limited to
100 gallons per inch of diameter per mile of sewer per 24 hours. this clause does not relieve the Contractor
of the necessity of making the sewers as tight as possible. Sewers which exceed this limit will not be
accepted and the Contractor shall take such steps as are necessary to being the infiltration within the above
allowance. the test for infiltration shall be made as follows: The test shall be made following a period of
heavy rain and when the ground is saturated. The Engineer reserves the right to use his judgment as to
whether or not the ground is sufficiently saturated to allow a satisfactory test. In the event that rainfall is
insufficient to allow a satisfactory test before the date of completion of the work, the Contractor will be
required to conduct the tests at any time up to 30 days following the completion date. The test shall be made
up to three measurements of flow taken at hourly intervals. The amount of infiltration shall be computed
from the average flow measured.
The Contractor shall provide and install all necessary measuring weirs or other devices
required to make the flow measurements. The test shall be made in the presence of and to the satisfaction
of the Engineer.
12. RESTORATION OF PROPERTY:
The Contractor shall carefully restore all property defaced by operations and acts of any of his agents
or employees. Such restoration shall include seeding, sodding and transplanting of lawns, hedges or
ornamental plantings and the repair or replacement of driveways, walks, fences or other facilities in such
manner as to meet the approval of the Engineer. No structures or trees shall be removed without the consent
of the property owner until condemnation procedure, if necessary, has been completed.
TS - 21
13. CLEAN UP AND REPAIRING:
The sewers shall be kept clean during the progress of the work and upon completion shall be
thoroughly cleaned. All needed repairs shall be made before this final cleaning. The Contractor shall
provide suitable tools and labor to clean the sewers at his own expense. Any excessive leakage of water into
the sewers or any deviation from proper grade or alignment such as to make the work, in the opinion of the
Engineer, not consistent with first class work, shall be promptly corrected by the Contractor as his own
expense.
14. FINAL INSPECTION:
When the Contractor considers that all work has been completed, he shall then notify the Engineer
who will carefully inspect all work and make such tests as to satisfy himself that every provision of the
contract has been faithfully carried out. During this inspection, the Contractor shall, at his own expense,
make provisions for suitable drainage and maintenance.
15. MEASUREMENT:
1. Street or Main Sewer Pipe: Sewer pipe shall be measured in place from center to center
of manholes or structures without deductions for length of line through the structures. Depth of cut shall be
measured from the ground surface to the pipe invert.
2. Side Sewers: Measurement shall be along the pipe from the outside surface of the main
sewer or manhole connection to the extreme end of the last pipe or fitting placed, through tees, wyes, and
other fittings; and from the center of the side sewer along the center line of any branch to the extreme end
of the last pipe or fitting placed, through tees, wyes or other fittings. Plugged wyes or tees shall not be
considered branches. Measurement shall be to the nearest one-tenth (0.1) foot. Fittings shall not be
measured for payment.
3. Standard Manhole: the number of standard manholes to be paid for shall be the actual
number of standard manholes, installed, complete, including frame and cover and accepted. Standard
manholes shall have a depth dimension of between 0' and 6' measured from the invert of the lowest outlet
pipe to the top of concrete or masonry the frame and cover sits on.
4. Manhole - Additional Depth: The depth of each manhole shall be measured as specified
above and subtracting 6.0 feet from this depth; shall be the additional depth of each manhole. Measurement
shall be to the nearest one-tenth (0.1) foot.
5. Concrete Cradles and Encasements: The quantity of 3000 psi at 28 day concrete
authorized by the ARC Utilities Dept. Engineer for encasement, cradles and collars required for protection
of the pipe shall be the actual cubic yards of concrete installed and accepted.
6. Connections to the Existing Sewers or Manholes: The quantity to be paid for under this
item shall be the actual number of each size pipe connected to either an existing sewer or manhole, complete
and accepted.
16. PAYMENT:
1. Street or Main Sewer Pipe: Payment for each size of sewer pipe measured as specified
above will be paid for at the contract unit price per linear foot for various depths of cut, as set forth in the
Proposal.
2. Side Sewers: Payment for each size of side sewer pipe measured as specified above will
be paid for at the contract unit price per linear foot as set forth below. No separate payment shall be made
for fittings or connections and all such costs shall be included in the specified unit price item.
3. Other Items: Other measured items shall be paid for at the contract unit or lump sum price
for the various items as set forth below, which payment shall be full compensation for furnishing and
installing the items, complete, in place in accordance with the Plans and Specifications.
TS - 22
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Payment will be made under the following:
* inch (size) Sanitary Sewer, to ft. cut:--- per linear foot.
* inch (size) Side Sewer per linear foot.
Standard Manhole (0' - 6' Depth)-- per each.
Manhole-Additional Depth per vertical foot.
Drop Manhole per each.
Concrete for Cradles and Encasement----- --per cubic yard.
* inch (size) Sanitary Sewer Connection to Existing
Manhole of Sewer--------------------------------------per each.
* as shown in the Proposal.
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TS - 23
CURBS AND GUTTERS, CONCRETE
01. SCOPE:
This section covers construction of Portland cement concrete curbs and gutters, complete.
02. CONCRETE:
Concrete and the equipment, workmanship and materials therefor shall conform to the applicable
requirements of the CONCRETE CONSTRUCTION section, except as hereinafter specified. The maximum
size of coarse aggregate shall be 1 1/2 inches and not less than 1 inch. Concrete shall have a slump of not
more than 3 inches. The concrete mixtures shall have an air content by volume of 4.5 percent, plus or minus
1.5 percent, based on measurements made on concrete immediately after discharge from the mixer.
03. SUBGRADE PREPARATIONS:
The sub grade shall be constructed true to grade and cross section. The subgrade shall be of materials
equal in bearing quality to the subgrade under the adjacent roadway or street and shall be placed and
compacted to conform with applicable requirements of section entitled SAND-CLA Y BASE COURSE with
the following modifications. The subgrade for curb and gutter shall extend in all cases at least 1 foot in width
back of the curb or gutter or valley pavement. The subgrade shall be tested for grade and cross section by
means of a template extending the full width of the curb, gutter or combination curb and gutter. The
subgrade shall be maintained in a smooth, compacted condition, in conformity with the required section and
established grade until the concrete is placed. The subgrade shall be in a moist condition when concrete is
placed. In cold weather, the subgrade shall be prepared and protected so as to produce a subgrade free from
frost when the concrete is deposited.
04. FORMS:
Forms shall be of wood or steel, straight and of sufficient strength to resist springing during
depositing and consolidating the concrete. The outside forms shall have a height equal to the full depth of
the curb or gutter. The inside form of curb shall have batter as indicated and shall be securely fastened to
and supported by the outside of the form. Straight forms of wood shall be 2 inch nominal surface plank, and
of steel, shall be of approved section with a flat surface at the top. Rigid forms shall be provided for curb
returns except that benders or thin plank forms may be used for curb or curb returns with a radius of 10 feet
or more, where grade changes occur in the return, or where the central angle is such that a rigid form with
a central angle of 90 degrees cannot be used. Back forms for curb return may be made 1/2 inch benders, for
the full height of the curb, cleated together. Curb forms shall be carefully set to alignment and grade and to
conform to the dimensions of the curb. Forms shall be held rigidly in place by the use of stakes placed at
intervals not to exceed 4 feet. Clamps, spreaders and braces shall be used where required to insure rigidity
in the forms. The forms on the front of the curb shall be removed not less than 2 hours nor more than 6 hours
after the concrete has been placed. Forms back of curb shall remain in place until the face and top of the curb
have been finished as specified in the FINISlllNG paragraph. Gutter forms shall not be removed for 12
hours after the concrete has been placed. Forms shall not be removed while the concrete is sufficiently
plastic to slump in any direction. Forms shall be cleaned and coated with form oil each time before concrete
is placed. Wood forms may, instead, be thoroughly wetted with water before concrete is placed, except that
with probable freezing temperatures, oiling is mandatory.
05. JOINTS:
Expansionjoints and contractionjoints shall be constructed at right angles to the line of curb, gutter,
and combination curb and gutter. Dowels, tie-bars and reinforcement when required will be shown on the
plans and shall be installed in accordance with the applicable details.
TS - 24
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Contractionjoints shall be constructed by means of 1/8 inch thick separators, of a section conforming
to the cross section of the curb, gutter entrance payments, and combination curb and gutter. Contraction
joints shall be so placed that monolithic sections between curb returns will be not less than 5 feet nor greater
than 15 feet in length. Separators shall be removed as soon as practicable after the concrete has set
sufficiently to preserve the width and shape of the joint. After separator plates have been removed, all
exposed edges of joints shall be rounded with the proper edging tool to a radius of 1/4 inch.
Expansion joints shall be formed by means of preformed expansion joint filler material cut and
shaped to the cross section of the curb, gutter, entrance, and combination curb and gutter. Expansionjoint
filler, unless otherwise specified, shall conform to ASTM Standard D 1751-60 or D 1752-60 or shall be resin-
impregnated fiberboard conforming to the physical requirement of ASTM Standard D 1752-60. Expansion
joints shall be provided in curb and combination curb and gutter at the ends of all returns. Expansionjoints
at least 1/2 inch in width shall be provided in non-reinforced concrete gutter at the locations indicated.
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06. CONSTRUCTION:
Curbs, gutters and combination curb and gutters shall be of the dimensions and sections shown on
the drawings.
Reconstruction: Where the plans provide for reconstruction of existing curb, combination curb and
gutter and the limit of new work specified does not fall on a joint, the entire section shall be removed and
the new curb, combination curb and gutter or entrance pavement shall join the old curb at the first joint line
beyond the specified limit.
Placing Concrete: The faces and adjacent edges of abutting rigid pavements and structures shall
be painted with an approved bituminous material prior to placing concrete. Concrete shall be placed in the
forms to the specified depth in 6 inch layers and thoroughly consolidated by tamping and spading so that
there are not rock pockets at forms, and mortar entirely covers the top surfaces. Concrete may be compacted
by means of mechanical vibrators.
Finishing: The edges of the gutter and top of the curb shall be floated and finished with a smooth
wood float until true to grade and section and uniform in texture. The floated surfaces hall be then brushed
with a fine-hair brush with longitudinal strokes. Immediately after removing the front curb form, the face
of the curb shall be rubbed with a wood or concrete rubbing block and water until blemishes, form marks,
and tool marks have been removed. The surface, while still wet, shall be brushed in the same manner as the
gutter and curb top. The top surface of gutter and entrance shall be finished to grade with a wood float.
Except at grade changes or curves, the finished surfaces shall not vary, from the testing edge of a 10 foot
straightedge, more than 1/8 inch for curb and entrance and 1/4 inch for top and face of curb. Irregularities
exceeding the above shall be satisfactorily corrected. Visible surfaces and edges of the finished curb, gutter,
and combination curb and gutter shall be free of blemishes and form and tool marks, and shall be uniform
in color, shape and appearance.
Curb-forming machines for constructing curb and gutter will be approved based on trial use on the
job. Use of the equipment shall be discontinued at any time during the construction if the equipment
produces unsatisfactory results, and the work shall be accomplished as specified hereinbefore. Unsatisfac-
tory work shall be removed and reconstructed for the full length between regularly scheduled joints.
Removed portions shall be disposed of as directed.
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07. CURING AND PROTECTION:
Curing: Immediately after the finishing operations, the exposed concrete surfaces shall be cured
by one of the following methods as the Contractor may elect:
Mat Method: The entire exposed surface shall be covered with cotton, mats conforming to Federal
Specification DDD-M-148 or with tow or more layers of burlap conforming to Federal Specification CCC-C-
46Th having a combined weight of 14 ounces or more per square yard when dry. Mats shall overlap each
other at least 6 inches. The mats shall be thoroughly wetted with water prior to placing on the concrete
TS - 25
surface and shall be dept continuously in a saturated condition and in intimate contact with concrete for not
less than 7 days.
Impervious-Sheeting Method: The entire exposed surface shall be wetted with a fme spray of
water and then covered with water-proof paper conforming to ASTM Standard CI71-63, or with wetted
polyethylene-coated burlap or polyethylene sheeting conforming to the water-retention requirements of
ASTM Standard C 171-63, polyethylene sheeting and polyethylene film bonded to burlap shall be not less
than 0.004 inch thick.
Membrane-Curing Method: The entire exposed surfaces shall be covered with a pigmented
membrane-forming curing compound. The curing compound shall be applied in two coats by hand-operated
pressure sprayers at a coverage of approximately 200 square feet per gallon for both coats. The second coat
shall be applied in a direction approximately at right angles to the direction of application of the first coat.
The compound shall form a uniform continuous coherent film that will not check, crack, or peel and shall
be free from pinholes or other imperfections. Concrete surfaces that are subjected to heavy rainfall within
3 hours after the curing compound has been applied shall be resprayed. by the method and at the coverage
specified above at no additional cost to the Owner. Joint openings shall be sealed at the top by inserting
moistened paper or fiber rope or covering with strips of water-proof paper prior to application of the curing
compound, in a manner to prevent the curing compound from entering the joint. Concrete surfaces to which
membrane-curing compounds have been applied shall be adequately protected for 7 days from pedestrian and
vehicular traffic and from any other action which might disrupt the continuity of the membrane. Any area
covered with curing compound and damaged by subsequent construction operations within the 7 day period
shall be resprayed as specified above at no additional expense to the Owner.
Protection: After curing, debris shall be removed, and the backfill shall be placed as indicated. The
completed curb, gutter, and combination curb and gutter shall be protected from damage until accepted. The
Contractor shall repair damaged concrete and clean concrete discolored during the construction. Curb,
gutter, and combination curb and gutter that are damaged shall be removed and reconstructed for the entire
length between regularly scheduled joints, not be refmishing the damaged portion. Removed damaged
portions shall be disposed of as directed.
08. SEALING JOINTS:
The sealing of expansionjoints in curb and gutter sections will not be required. Any expansion j oint
material protruding after the concrete is cured shall be trimmed flush with the surface. Expansionjoints in
the valley pavement shall be sealed with an approved joint sealer, conforming to Federal Specification SS-S-
164. The joint opening shall be thoroughly cleaned of all foreign material before the sealing material is
placed. The sealing shall be done in such manner that the material will not be spilled on the exposed surfaces
of the concrete. Any excess material on the exposed surfaces of the concrete shall be removed immediately
and the exposed concrete surfaces cleaned.
09. PAYMENT:
Payment will be made on the basis of unit prices shown on the bid schedule.
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CONCRETE CONSTRUCTION
01. SCOPE:
This section covers concrete construction, complete, including reinforcement therefor.
02. FORMS:
Forms shall be of wood, metal, structural hardboard or other suitable material that will produce the
required surface finish. Forms placed for successive pours for continuous surfaces shall be fitted to accurate
alignment to assure a smooth surface completely free from irregularities, and shall be sufficiently tight to
prevent the loss of mortar. No forms shall be left permanently in place without approval of the Engineer.
Holes resulting from removal of form ties shall be filled solid within 12 hours after removal of forms with
cement mortar.
03. REINFORCING AND EMBEDDED METALS:
Bar reinforcement shall be intermediate grade new billet steel conforming to the requirements of the
ASTM Designation AI5-65. All bars 3/8 inch and larger shall be deformed bars conforming to ASTM
Designation A305-65. Detailing, fabrication and tagging of reinforcement shall be done in accordance with
the ACI "Manual of Standard Practice for Detailing Reinforced Concrete Structures" (ACI 315), except that
were longer laps are indicated on the design drawings, the drawings shall govern. Wire fabric reinforcement
shall consist of steel wire conforming to the requirements of ASTM Designation A 185-64. Anchor bolts and
structural shapes shall conform to ASTM Designation A36-66T. Exposed surfaces of embedded steel shall
be given one shop coat of Red Lead Iron Oxide conforming to Federal Specification TT -P-86c, Type II,
unless otherwise noted on the drawings. Anchor bolts and miscellaneous steel items to be embedded in
concrete shall be accurately placed in accordance with the drawings, and adequately secured in position to
prevent dislodgement during concrete placing operations. Anchor bolts shall be protected after concrete has
been placed and set by daubing with grease, wrapping with burlap, and covering bolts with wooden boxes.
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CONCRETE:
All concrete shall be equivalent to ready mix concrete manufactured and delivered in accordance
with the requirements of ASTM Designation C94-65 and having a compressive strength at 28 days of 3 ,000
psi, except as noted herein. The concrete manufacturer shall assume the responsibility of the design of the
concrete mix in accordance with Alternate No.2 of ASTM C94-65. Air entrained concrete shall be used for
all concrete exposed to the elements.
Materials:
Cement shall be Type I or IA "Portland" cement, all one manufacturer, conforming to ASTM C 150-
65 or ASTM CI75-66, respectively.
Aggregates shall conform to ASTM C33-64. Coarse aggregate shall be crushed rock or gravel and
graded from 3/4 inch to #4 sieve for walls and slabs and from 2 inches to #4 sieve for mass or foundation
concrete. Fine aggregate shall be natural sand.
Mixing water shall be proportioned so that slump when measured with standard slump cone does not
exceed the following:
Slabs in grade
Walls & Footings
All others
Max. 4 inches, Min. 3 inches
Max. 5 inches, Min. 3 inches
Max. 6 inches, Min. 3 inches
04.
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Premolded joint filler strips shall be resilient compressive, bituminous and fiber material saturated
with at least 35 percent and not over 50 percent by weight of asphalt. Poured type joint composition for
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expansion joints shall be elastic compound made up of asphalt and colloidal mineral fillers.
Placing Concrete: Runways for wheeled equipment shall be provided to convey concrete. Runways
shall not be supported on the reinforcement. Concrete shall be placed and compacted in layers not over 24
inches deep. Vibrators may be used provided they are used under experienced supervision and the mixture
is dry enough to prevent segregation. Form vibrators shall not be used. Vibration shall not be used for
transporting or moving concrete inside the forms. No more concrete shall be placed than can be consolidated
and finished in the same day as placed. Free fall of concrete shall be limited so that no segregation of
materials occurs.
Joints: Constructionjoints not indicated on drawings shall be approved by the Engineer in advance
of pour. Joints in foundation walls shall be keyed. Before depositing of concrete is resumed, the hardened
surface shall be roughened, cleaned of foreign matter and thoroughly wetted but not saturated. The cleaned
and wetted surfaces shall be slushed with a coating of neat cement grout against which the new concrete shall
be placed before the grout has attained its set.
Finishing: After stripping forms, all voids and honeycombs shall be patched by chipping and
scarifying the defective area and treating it with an approved bonding tended that all such voids be
patched, not merely plastered. Grout mixture shall consist of I part Portland cement and I part sand.
Immediately following removal of forms, all fins and irregular projections shall be removed from all surfaces
except those which are not to be exposed or waterproofed. Slabs shall be struck-off and consolidated by
approved machine or hand methods, screeding and tamping concrete so that upon completion, the surface
shall be true to grade as shown on drawings and free of surface voids. All floors shall have a monolithic steel
trowel ftnish unless otherwise indicated on the drawings. Exterior walks shall be compacted, screeded and
floated to a true even surface with wood floats and then broomed.
05. PAYMENT:
No separate payment will be made for the work performed under this section. Payment will be
included in the prices for the items of which concrete construction is an integral part.
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BITUMINOUS PAVING
01. SCOPE:
This section covers the construction of pavement for all roads and parking areas, complete.
02. GENERAL:
Construction of the subgrade, base course and paving of the roadways and parking areas shall be
undertaken immediately after completion of all storm drain lines and structures, all curbs and gutters, all yard
piping, conduits and other facilities passing beneath paved areas, and all structural slabs and foundations
required within or adjacent to the paved area.
03. SEASONAL LIMITATIONS:
No bituminous materials shall be applied for surface treatment between October 21 st and April 1 Oth,
except as directed by the Engineer.
04. WEATHER LIMITATIONS:
Bituminous mixtures shall not be produced or placed during rainy weather, when the subgrade or
base course is frozen or shows any evidence of excess moisture nor when the moisture on the surface to be
paved would prevent proper bond nor when the air temperature is less that 45 degrees Fahrenheit in the shade
away from artificial heat.
05. APPLICABLE SPECIFICATIONS:
All work and materials required under this section of the specifications shall conform to the
applicable sections of the Standard Specifications of the Georgia Department of Transportation, latest
Edition.
06. SUBGRADE:
The subgrade shall be prepared as specified under the sections of the above specifications covering
subgrade preparation.
07. CURBS AND GUTTERS:
After the subgrade has been compacted and approved by the Engineer, curbs and gutters shall be
placed where shown on the plans and constructed in accordance with the requirements of the section,
CURBS AND GUTTERS, CONCRETE.
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08. PRIME COAT:
A prime coat of 0.3 to 0.8 gallons per square yard of medium curing cut-back asphalt (RC-250 or
emulsion grades RS-2 or SS-I) shall be applied with a pressure distributor at a time temperature between 80
degrees Fahrenheit and 140 degrees Fahrenheit. The prime coat shall be applied to the previously prepared
base course when the atmospheric temperature is above 50 degrees fahrenheit.
09. SURFACE COURSE:
Asphalt Concrete: The asphalt concrete mixture shall conform to the Georgia Department of
Transportation Standard Specifications for Highway Construction, latest Edition, for Type E asphalt
concrete. The job mix shall be approved by the Engineer and no material shall be used until approved.
Transportation and Delivery: The mixture shall be transported from the mixing plant to the point
of use in approved vehicles. Loads shall not be of such size or weight as to interfere with the efficient
operation of the spreader. Loads shall not be sent out so late in the day as to prevent the completion of the
mixture during daylight, unless artificial light is provided. The mixture shall be delivered at a temperature
TS - 29
between 225 degrees Fahrenheit and 325 degrees Fahrenheit and within 20 degrees Fahrenheit of the
temperature set at the mixing plant.
Spreading: Upon arrival at the point of dumping, the mixture shall be dumped into the hopper and
spread by mechanical paver, true to line, grade and cross section specified and to the loose depth that will
secure a compacted thickness of 1 1/2 inches. The hot mixture shall be free from lumps and shall be spread
while it is in a workable condition. After the mixture has been screeded and before roller compaction is
started, the surface shall be checked, all fat spots and irregular areas removed and replaced with satisfactory
material. All regularities in alignment and grade along the outside edge shall also be corrected by the
addition or removal of mixture before the edge is rolled.
Compaction: While the mixture is hot, it shall be compacted thoroughly and uniformly by rolling.
The surface of the compacted mixture shall be smooth, and true to crown and grade. Any mixture that
becomes loose or broken, mixed with dirt or is in any way defective, shall be removed and replaced with
fresh hot mixture which shall be immediately compacted to conform to the surrounding area. Any area
showing an excess of bituminous materials shall be removed and replaced, and the edges shall be kept to a
reasonable straight line and trimmed.
The density after compaction shall be least 98 percent of the laboratory-determined density.
Protection of Pavement: The newly finished pavement shall be protected from vehicular traffic
of any kind until the pavement has cooled and hardened and in no case less than 6 hours.
Tolerances: The finished surface shall not vary more than 1/8 inch in 10 feet from the true profile
and cross section.
10. TESTS:
The above work will be subject to thickness and compaction tests as deemed necessary by the
Engineer. Such tests will be at the expense of the Contractor.
11. PAYMENT:
Payment will be made on the basis of unit prices shown on the bid schedule.
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GRASSING
01. SCOPE:
This section covers the furnishing of all labor and materials and the performance of all work required
to assure the establishment of a dense permanent cover of common Bermuda grass on all areas of the site
disturbed by construction operations.
02. SEED BED PREPARATION:
Final grades will be established as shown on the plans prior to any seed bed preparation. Washes,
low spots and hillocks or windrows will be evened and the bed will be smoothed to facilitate uniform
drainage after establishment of the turf before tillage is begun. Graded surfaces will be maintained in a
smooth and even condition until the required cover is established.
After the areas to be seeded have been brought to an even and smooth grade, they shall be thoroughly
loosened to a depth of at least six (6) inches by plowing, disking, harrowing, or other approved methods until
the tillage is acceptable as suitable for seeding. During tillage operations, the surface shall be cleared of all
roots, cable, wire, or other waste material which might hinder final grading, planting, or subsequent
maintenance operations. Any operations of the Contractor, shall be smoothed out before seeding operations
are begun.
03. FERTILIZATION:
Fertilization shall be distributed uniformly at a rate of 1 ,500 pounds of commercial 1 0-1 0-1 0 analysis
fertilizer per acre, and shall be incorporated into the soil to a depth of approximately three (3) inches by
disking, harrowing, or by other approved methods. The incorporation of fertilizer may be apart of the tillage
operation specified above, or a part of the hydro seeding procedure as described below:
Immediately following, or simultaneous with, the incorporation offertilizer, lime shall be distributed
at the rate of 2,000 pounds per acre and shall be incorporated into the soil to a depth of at least three (3)
inches by disking, harrowing or other acceptable methods. The incorporation oflime along with the fertilizer
may form a part of the tillage operation specified above.
Not less than 30 days after completion of seeding, the Contractor shall furnish and apply Nitrate of
Soda or Ammonium Sulphate to the planted areas. Nitrate of Soda shall be commercial
product, containing not less than 16 percent Nitrogen and Ammonium Sulphate not less than 20 percent
Nitrogen. The Nitrogen fertilizer shall be uniformly spread and distributed with approved equipment at the
rate that will give not less than 60 pounds of available Nitrogen per acre. Other commercial types of
nitrogenous material may be substituted at the option of the Contractor. The time of application shall be
limited to the season of June through August.
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04. SEEDING:
Permanent grass cover will consist of Common Bermuda seeded in accordance with one of the
following methods:
Between the dates of Apri115 and September 15, Hulled Common Bermuda seed shall be applied
at a rate of 6 pounds per acre and Brown-Top Millet seed shall be applied at a rate of 40 pounds of seed per
acre.
If seeding is undertaken between September 15 and April 15 , Unhulled Common Bermuda seed shall
be applied at a rate of 10 pounds of seed per acre simultaneously with Ryegrass seed at a rate of 50 pounds
per acre.
Seed may be applied by means of a Hydroseeder or other means approved by the Engineer.
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05. COMPACTION: .
Immediately after seeding operations have been completed, the areas shall be compacted by means
TS - 31
of a cultipacker, roller wood float, or other approved equipment sufficiently weighted, or compacted by hand
methods, to reduce air pockets to a minimum. The completed planted areas shall be left with a fIrm, even
surface, free from abrupt humps and hollows, and to the established grade.
06. MULCHING:
All areas planted to permanent grass shall be uniformly mulched with hay or straw at the ate of I 1/2
tons per acre, except where hydro seeding is employed using a cellulose mulch mixed with the seed and
fertilizer.
07. ACCEPTANCE:
Grassed areas will be accepted when a 95 percent cover by permanent grasses is obtained and weeds
are not dominant.
08. APPLICABLE SPECIFICATIONS:
Included by reference in this section are the requirements of Section 700, Grassing, Standard
SpecifIcations for Highway Construction of the Georgia Department of Transportation, latest Edition.
09. MEASUREMENT - PAYMENT:
Work performed under this section will be paid for at the lump sum price for Grassing appearing in
the Bid Schedule. Payment therefor will include full compensation for all materials, labor and equipment
required to establish the required permanent stand of grass.
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JAMES G. SWIFT & ASSOCIATES
~ING ENGINEERS
Phone #706-868-8803
Fax #706-868-5464
ADDENDUM # 1
BEDFORD HEIGHTS (WATER & SEWER SYSTEM IMPROVEMENTS)
TO:
COMPANY NAME A TTN: FAX #
BLAIR CONSTRUCTION INC. BUDDY ROWLAND 868-1855
MABUS BROS CONST Co INC. LARRY GOOLSBY 722-7521
BEAM PAVEMENT GREG BEAM 827-1 868
MABUS CONSTRUCTION Co INC ASHLEY 722-0020
HARDY UTILITY Co INC. JIM HARDY 863-0238
DATE:
JUNE 1 4, 1 999
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1 . ALL STORM SEWER SHALL BE REINFORCED CONCRETE PIPE IN
ACCORDANCE WITH THE MOST RECENT GA DEPT OF TRANSPORTATION
SPECIFICATIONS FOR MATERIALS AND INSTALLATION.
2. ALL WATER AND SANITARY SEWER SHALL BE DUCTILE IRON PIPE IN
ACCORDANCE WITH THE MOsr RECENT GA DEFT OF TRANSPORTATION
SPECIFICATIONS FOR MATERIALS AND INSTALLATION.
CC: ROBIN MCMILLON, ARC UTILITIES DEPT.
CYNTHIA SHEPPARD, ARC PURCHASING DEPT.
AUGUSTA BUILDERS EXCHANGE
CSRA BUSINESS LEAGUE
DODGE PLAN ROOM
1206 Interstate Parkway · Augusta, Georgia 30909
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JAMES G. SWIFT & ASSOCIATES
~T1NG ENGINEERS
Phone #706-868-8803
Fax #706-868-5464
ADDENDUM #2
BEDFORD HEIGHTS (WATER & SEWER SYSTEM IMPROVEMENTS)
TO:
COMPANY NAME A TTN: FAX #
BLAIR CONSTRUCTION INC. BUDDY ROWLAND 868- 1 855
MABUS BROS CONST Co INC. LARRY GOOLSBY 722-7521
BEAM PAVEMENT GREG BEAM 827-1868
MABUS CONSTRUCTION Co INC ASHLEY 722-0020
HARDY UTILITY Co INC. JIM HARDY 863-0238
DATE:
JUNE 1 6. 1 999
1. Delete Item #2 from Addendum #1.
2. All water lines shall be Ductile Iron Pipe in accordance with specifications.
3. All water selVices shall include a double backflow preventor on the customer side
of the meter per ARC Utilities Dept requirements.
4. Unless otherwise specified on plans, PVC pipe will be acceptable for sanitary sewer
lines.
5. STREET PA TCHING: Where pavement cuts exceed 6' in width and run parallel to
street, contractor may replace pavement in-kind, in lieu of concrete patch detail.
6. CHANGE THE FOLLOWING QU AN TITlES IN THE BID SCHEDULE:
Item 1. Concrete -Asphalt Patch = 15,000 LF
Item 14. 8" Sanitary Sewer (6'-8') = 2386 LF
Item 22. Sanitary Manhole (6'-8') = 16 EA
These changes relate to Sheet #6 of plans for new outfall to be redirected down
Stewart Street in lieu of going to Manhole E1. New outfall will be connected to
Manhole P47. Plan changes will follow at a later date.
cc: Robin McMillon, ARC Utilities Dept
Cynthia Sheppard, ARC Purchasing Dept
Augusta Builders Exchange
CSRA Business League
Dodge Plan Room
1206 Interstate Parkway · Augusta, Georgia 30909
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JAMES G. SWIFT & ASSOCIATES
~TING ENGINEERS
Phone #706-868-8803
Fax #706-868-5464
ADDENDUM #3
BEDFORD HEIGHTS (WATER & SEWER SYSTEM IMPROVEMENTS)
TO:
COMPANY NAME A TTN: FAX #
APAC-GA, INC. MIKE EDWARDS 731-8620
BEAM PAVEMENT GREG BEAM 827-1868
BLAIR CONSTRUCTION INC. BUDDY ROWLAND 868- 1 855
HARDY UTILITY CO., INC. JIM HARDY 863-0238
MABUS BROS CONST Co INC. LARRY GOOLSBY 722-7521
MABUS CONSTRUCTION Co INC ASHLEY 724-0020
NORDMANN CONTRACTING, INC. PAT NORDMANN 736-9666
DATE:
JUNE 24, 1999
1. CHANGE THE FOLLOWING QU ANTITIES IN THE BID SCHEDULE:
Item 1. Concrete -Asphalt Patch = 13,360 LF
Item 12. 6" Tapping Sleeve & Saddle = 8 EA
cc: Robin McMillon, ARC Utilities Dept
Cynthia Sheppard, ARC Purchasing Dept
Augusta Builders Exchange
CSRA Business League
Dodge Plan Room
1206 Interstate Parkway · Augusta, Georgia 30909