HomeMy WebLinkAboutBLAIR CONSTRUCTION
Augusta Richmond GA
DOCUMENT NAME: SpeC 1 ti c..q.:Ti Dn 6 0--" d LOrlt-Yac\- \)cc. u.\'Yle.n-\3.
DOCUMENT TYPE: L.t:> n-\Y-CXD~.
YEAR: Y]J)D \
BOX NUMBER: \ "6
FILE NUMBER: \ 5':)" \
NUMBER OF PAGES:
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SPECIFICATIONS
. AND
CONTRACT DOCUl\1lENTS
t
FOR
SKINNER RO.AD
SANITARY SEWER IMPROVEMENTS
PROJECT NO. 50060
prepared for
AUGUSTA - RICHMOND COUNTY COMMISSION
Augusta, Georiga
prepared by
BRIAN G. BESSON & ASSOCIATES, P.C.
344 Telfair Street
Augusta, GA 30901
l\1arch 2001
j
DATE' 08/1'/01 TIME' 08'21 AM TO' Patrick Dillard @ 1'068681855
.- <:.' ....
PAGE' 002-003
. ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/ODIYY)
08/17/2001
PRODUCER (770)246-8300 FAX (770)246-8301 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Sutter, Mclellan & Gilbreath, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND. OR
3861 Holcomb Bridge Road AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Norcross, GA 30092-2205 INSURERS AFFORDING COVERAGE
INSURED Blair Construction Inc INSURER A: Transportation Ins. Co.
Blair Properties, llC INSURER B: Valley Forge Ins. Co.
P. O. Box 770 INSURER c: Transcontinental Ins. Co.
Evans, GA 30809 INSURER D: -
I INSURER E:
COVERAGES
-.
THE POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
liIISR TYPE OF INSURANCE POLICY NUMBER PJ'l-~~~~E I f'g~!fl(~~~~N LIMITS
LTR
GENERAL LIABILITY 1'-1035739868 12/31/2000 12/31/2001 EACH OCCURRENCE $ 1, 000, OO(]
X COMMERQAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 50,000
I CLAIMS MADE 0 OCCUR MED EX? (Anyone person) $ 5,000
A PERSONAL & NJV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000
~ n PRO- nLOC
. POLICY JECT
. ~OMOBILE LIABILIlY r--l035739871 12/31/2000 12/31/2001 COMBINED SINGlE LIMIT
X (Ea accident) $ 1,000,000
ANY AUTO
-
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
B -
HIRED AUTOS BODILY INJURY
- $
NON-OWNED AUTOS (Per accident)
-
I--- PROPERTY DAMAGE $
(Per aocident)
GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $
R ANY AUTO OTHER THAN EAACC $
AUTO ONL Y: AGG $
EXCESS LIABILITY 1035739885 12/31/2000 12/31/2001 EACH OCCURRENCE $ 5,000,000
tJ OCCUR D CLAIMS MADE AGGREGATE $
A - - '- $ 5;000,000
R DEDUCTIBLE $
. RETENTION $ $
WORKERS COMPENSATION AND WCCI035739854 12/31/2000 12/31/2001 I TO~y"l~ifs I rw
EMPLOYERS' LJABILIlY 500,000
C EL EACH ACCIDENT $
EL DISEASE - EA EMPLOYEE $ 500,000
E.L. DISEASE - POLICY LIMIT $ 500.000
OTHER ~1035739868 12/31/2000 12/31/2001 $150,000 limit
leased and/or Rented
A Equipment $1,000 deductible
-,
I:i:ESCRlPTlON OF OPERATIONSJLOCATIONSNEHICLESJEXCLUSIONS ADDEO BY ENDORSEMENTISPECIAL PROVISIONS
roject: Skinner Road Sanitary Sewer Improvements
Augusta, GA
Contract Amount: $578,673.34
CERTIFICATE HOLDER I I ADDmONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
, EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
....lQ.... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Augusta-Richmond County Commission BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Room 605 Municipal Building OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Augusta, GA 30911 AUTHORIZE!, REPRESENTAllVE ........ ~~Ir_~
~ .:.
,
Mark Javnes CSP/MARK ~~~:::.:E:t,~ :-:'!=x:;:;~=~~.: .........i:~:~;;;:
ACORD 25-5 (7/97)
@ACORD CORPORATION 1988
"',
CH2M HILL
360 Bay Street
CH2MHIll
Suite 100
Augusta, GA
~
30901
Tel 706.303.2426
Fax 706.303.2429
July 18, 2001
Mr. N. Max Hicks
Augusta Utilities Department
360 Bay Street
Suite 180
Augusta, GA 30901
Subject: Recommendation for A ward of Bid, 2000 Bond Project 50060 - Skinner Road
Sanitary Sewer Improvements
Dear Mr. Hicks:
After careful review and tabulation of the bid information provided by the various bidders
for the 50060 Skinner Road Sanitary Sewer Improvements, it is recommended that the
construction contract be awarded to Blair Construction, Inc. of Evans, Georgia. I have
enclosed a copy of the bid tabulation for your reference.
The award amount recommended is for the base bid of $578,723.34. There were no
additional items of construction to be performed by the Contractor. Thus, the total
recommended award amount is $578,723.32. If you have any questions regarding this
recommendation, please do not hesitate to contact me at (706) 303-2426. Thank you.
Sincerely,
CH2M HILL
itrnd'lfl- 'fh TJu{,~
Shondra Neumeister
Project Engineer
Enclosures
c: Gerri A. Sam/ Augusta Purchasing Department
Doug Cheek/ AUD
Larry Scott! CH2M HILL
Bob Davis!CH2M.HILL
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._-----....__._~-~~---- -,"-''''''''--''
PROPOSAL
for
Skinner Road
Sanitary Sewer Improvements
Project No. 50060
The Augusta-Richmond County Commission
Municipal Building
Augusta, Georgia 30911. .
Gentlemen:
The undersigned, as bidder, herein referred to a singular and masculine, declares as
follows:
1. The only parties interested in the prop-osal as principals are named herein;
2. He has carefully examined and fully understands the Contract Documents;
3. He understands that information relative to existing structures and underground
utilities as furnished to him on the drawings, the Contract Documents or by the
Augusta Utilities Depar1ment, carries no guarantee expressed or implied, as to its
completeness or accuracy and he has made due allowances therefore;
4. He has made a personal examination of the site of the proposed work and has
satisfied himself as to the actual conditions and requirements of the work;
and hereby proposes and agrees that, if the Proposal is accepted he will contract with
the Augusta-Richmond County Commission Georgia, to furnish all machinery, tools,
apparatus and other means of construction and to do all work and furnish materials
called for in accordance with the requirements of the Director of the Augusta Utilities
Department and the true intent of the Contract Documents and that he will take in full
payment for each item of work, thereof, the unit or lump sum price applicable to that
item as stated in the schedule below.
(NOTE: Bidders must bid on each. item.)
P-l
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BID SCHEDULE ..
Item Description Units Quantity
SANIT A:R Y SEWER
1 8' Diameter- PVC sanitary sewer f~e SDR 35, LF 11,000
Depth 0' to 12', including Type I edding /7!2
material
2 8" diameter PVC sanitary sewer IJTe SDR 35, LF 50
Depth 12' to 14', including Type bedding z'-7Z-
material ~ -
3 8" diameter ductile iron sanitary sewer pipe LF 150
Class 350, Depth 0' to 12', including type II Z& !:2
bedding material
4 Select backfill, GA DOT Type I, Class I & II CY 7~ {of)ft
5 Miscellaneous pipe fittings and connections LBS 2 ]lV 1000
6 Precast sanitary manhole, GA DOT SID EA /4/~ 9-1 42
lO11A, Type 1, Depth 0' to 6~ .
-
7 Additional sanitary manhole depth, Type 1, VF ./oo~ 70
Class 1
8 Additional sanitary manhole depth, Type 1, VF /2 i t.G:> 10
Class 2
9 6" sanitary sewer connections EA t/4<=t Cl3 90
10 Tie new sanitary sewer to existing manholes, EA .s-'7'8 {., 2- 5
diameter varies
II ~ II :!;/p ':;.,,"-7.:/-G-7 Se"";'t..- C:~.-7&c..i-.'c. ".". E~ (;o~~ I
PAVEMENT STRUCTURES
11 Asuhalt overlay 1-112" thick, 12' wide TON <12. -n 700
12 Concrete roadway cap, 8" thick, 3' wide and SY 3 . 2.1 1500
as.p.~)lt patch 2" thiCK, 3' wide (for trench <6' 4--
WIae
13 Graded aggre~ate base, 12" thick, 8' wide and SY 23Jf.:- 2000
asphalt patch "thick, 8' wide (for trench >6'
WIde)
14 Bituminous tack coat GAL / ?o 200
ex>
/'7/ ok,,-
/28(.;, ~
.5"0
4-000 -
4-3 ~oo ~
23<;:'0 ~
~-'11.4.. ') 22.
vc..).
7028 --
/2/lP .~
40 q.. i 2. ?o
2'793 !....!::..
t;;;o S' ~
2'17/ / ~
$7 315'" ~
. C>U
~ 72.0 -
34-0 ~
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BID SCHEDULE
MISCELLANEOUS
15 Rock excavation Cy tPs~ 500
. .2{SOO
16 Foundation backfiIl,-GA DOT Type II, for Cy 50
.9-
. additional unclassified excavation
17 Grassing, to match existing ACRE /5S'"6:> ~ 4
18 Clearing and grubbing ACRE 4- 789 t..& 4
19 Lump sum construction (See listing continued LS 1#-833' ~ 1
below)
]2S'l:;C =:=
23"/:>0 ~
62.2 c;,. ~
1'71S-8 7c
/'/1 o;>:? S'c...
'''ro-,.; -
LUMP SUM CONSTRUCTION
Note: Lump sum construction items include but are not limited to the follOwing.
Item Description
1 Remove and reset fences, all types
2 Erosion and sediment control (temporary grassing, permanent grassing,
construction exits rip-rap, misc. erosion control structures)
3 Traffic control
4 ~scellaneousgrading
The contract covering the construction of all work described above will be completed
within 200 consecutive calendar days from the date specified in the "Notice to Proceed"
of the Augusta Utilities Depar1ment Director: 39-
k.fe /-Ivndred 5/:'v"ed'l e:, '7.+ :>-:;-wo'-J. c....d 5;.)(. S? $f tP 73. -
/lV'7C-/.-"'-C./ .>c?v.C'6'7 /'6.-c>e. / ...-.t-)oo - Dollars ($ J )
subject to reductions, additions and deletions provided herein on the basis of measured
quantities of completed work and the nrices bid. Bidder furtheragrees to pay as
liquidated damages the sum of $ 250.00 for each consecutive calendar day
thereafter. .
It is understood that the Owner reserves the right to reject any and all proposals or to
accept any proposal as deemed to be to the best interest of the Owner.
It is also understood that the following addenda as issued during the bid period shall be
included as part of the Contract Documents:
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Addendum
Date
Alo. /
tP/2o/0i
. I
The undersigned bidder understands and agrees that should the Owner accept this
proposal, the bidder will within ten (10) days from the date of notification of acceptance
of his proposal, execute the contract and furnish the Owner with satisfactory .
perforinance and payment bond in the amount equal to one hundred p.ercent (100%) of
the total base bid sum. Enclosed herewith is a Bid Bond or Certified Check in the
amount of $ 10% of total bid Dollars ($ 5"7, &(p 7, 3i
being not less than ten (10%) percent of the total base bid siIm.
)
Should the bidder fail to execute the Contract and furnish the Performance and Payment
Bond in case this proposal is accepted, the Owner shall have the right to receive the
amount of the bid security as liquidated damages. If the security is a Certified Check it
may be cashed by the Owner and the amount received shall become the property of the
Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by
the Surety.
The undersigned by submittal of this proposal, agrees that the above stated amount is
the proper measure of liquidated damages which the Owner will sustain by the failure of
the undersigned to execute the Contract and furnish the Performance and Payment
Bond.
The successful bidder shall have a current Business License.
The Owner is an Equal Opportunity Employer.
L31c'~i>
~ l /77~~:V '\k~
Signature & Title of Authorized
R epresen ta tive
~D. Boy: 770
P.......,;,l('..,.}
"
G'..?$/-,,-,"c-!-. '0.-,
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:::Z::;;c,
Name of Bidder
Business Address
Date:
&. j;~-& /0 I
I I
&-c...--,5 . &.4 70307
City and Skte
P-4
BID BOND
( .forms with The American Institute of Architects, AI.A.
Document No. A.310
KNOW ALL BY THESE PRESENTS, That we,. Blair Construction, Inc., PO Box 770, Evans, Georqia 30809
as Principal, hereinafter called the Principal,
and the National Fire Insurance Company of Hartford
of CNA Plaza, Chicago, Illinois 60685
, a corporation duly organized under
the laws of the State of
Connecticut
. as Surety, hereinafter called the Surety, are held and firmly bound unto
Augusta-Richmond County Commission, 530 Greene St., Room 605, Augusta, Georgia 30911
as Obligee, hereinafter called the Obligee,
in the sum of 10% of bid - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dollars ($ 10% of bid ) for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns; jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Skinner Road Sanitary Sewer Improvments
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond
or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in
said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered
by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 28th
day of
June
Blair Construction,lnc.
,--.1QQL .
<-P~ .s. ~~oLL-.-
(Seill)
Principal
f
Witness
{ ~ 1. 1l]u1km~
Vic.e Pre!> .de....+
Title
Witness
National Fire Insurance Company of Hartford
{ By ~"{ V ! d~"
Buck Leigh Attorney-in-Fact
....~3" 1 "
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S-0054/GEEF 10/99
,.
Authorizing By-Laws and Resolutions
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 Bo~rd of
)/rectors of the Company.
"Article IX~xecution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or
Group :'ice Pre~i~ent ~ay, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
exe~ut~on. of policies of .lnsur~nce, bon.ds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to
the hm~tatlons set forth. mthelr 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 rnay
.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 scaled shall, with respect to any bond or undertaking io which it is
attached, continue to be valid and binding on the Company. n
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 V~xecution-of Obligations and Appointment of 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 ofllolicies of insurance. bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact. subject to
the limitatioml 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 Cornpany 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 Cornpany 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 Februa.ry 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, Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance.
bonds, undertakings and other obligatory instru.ments of like nature. Such Attomey-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 a/fixed by facsimile on any power of attorney granted pursuant to the ResoJution adopted by ttUs 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. n
\
..'
," -l'.
Authorizing By-Laws and Resolutions
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 Bo~rd of
)Irectors 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 Pre~i~ent ~ay, from time to time, appoint by, written certificates attomeys-in-fact to act in behalf of the Company in the
exe~ut~on. of policies of .lnsu~nce, bon.ds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to
the IImltabons 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 attomey-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 scaled shall, with respect to any bond or undenaking 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 exe.cuted 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 Appointment of 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 attomeys-in-fact to act in behalf of the Company in the
execution ofllolicies of insurance. bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact. subject to
the IimitatiornJ 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 attomey-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 BYTHE 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 instru,ments 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 Colpoiation may be affixed by facsjmjle on any power of attorney granted pursuant to the Resolution adopted by ttUs Boan:1 of
Directors on February 17. 1993 and the signature of a Secretary or an Assistant" Secretary and the seal offf1e 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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SPECIFICA TIONS
AND
CONTRACT DOCUMENTS
FOR
SKINNER ROAD
SANIT ARY SEWER IMPROVEMENTS
PROJECT NO. 50060
prepared for
AUGUSTA - RICHMOND COUNTY COMMISSION
Augusta, Georiga
prepared by
BRIAN G. BESSON & ASSOCIATES, P.C.
344 Telfair Street
Augusta, GA 30901
March 2001
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fflDEXFORCONTRACTDOCUME~
Title
Index
Invitation for Bids
Instruction to Bidders
Proposal
Bid Bond
Agreement
Performance Bond
Payment Bond
General Conditions
Supplemental Conditions
Technical Specifications:
Section
A
B
Title
Trench Excavation and Backfill
Sanitary Sewer System
I - I
Pae:es
I - 1
B-1
IB - 1 To IB - 3
P - 1 To P - 4
BB - 1 To BB - 2
A-I To A - 3
PFB - 1 To PFB - 2
PYB - 1 To PYB - 2
1 - 53
SGC - 1 To SGC - 5
Pae:es
TS-I to TS-3
TS-4 to TS- I 1
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SANITARY SEWER IMPROVEMENTS
DEPARTMENT OF WATER AND SEWERAGE SYSTEM
. .
SKINNER ROAlD
PROJECT NO. 50060
ADDENDUM NO.1
1.
In the Specifications under General Conditions, ADD page 52
(Exhibit A).
2.
In the Plans on Sheet 14 at Manhole No. 22 on the profile DELETE
I.E. = 262.42 (out), ADD I.E. = 262.46 (out).
3.
In the Plans on Sheet 2 under General Notes, ADD "24. Sewer force
main shall be PVC C-900~ CLASS 200 or D.I.P. and shall have 12
gauge bare single strand wire attached along the top of the main."
4.
In the Specifications under Supplemental General Conditions on
page SGC-4, paragraph SGC-12, ADD "Signs will be removed as
necessary during construction. The removed signs shall be restored
as closely to their original positioning as soon as possible after
construction in that work area has been completed. All signs and
pavement markings damaged or destroyed during construction will
be replaced, with items of like kind and quality."
5.
In the Specifications under Supplemental General Conditions on
page SGC-4, paragraph SGC-13, ADD "Property access for emer-
gency vehicles shall be maintained at all times during construction
of the project." .
6.
In the Plans, ADD Sheet 19A - Soil Erosion Control Plan (Exhibit B).
7.
In the Plans on Sheet 4, ADD "Curb Inlet Filter" (Exhibit C) with the
following note: "A curb inlet filter (Sd2-P) shall be installed at all
existing catch basins in the work area to filter storm water before it
enters the storm water system. A space of approximately 4 inches
shall be left between the inlet filter and the catch basin to allow for
. .
overflow and to prevent ponding in the roadway."
8.
In the Plans on Sheet 3 in Utility Road Cut Detail, DELETE "6' or
greater", ADD "6' or less." In the Concrete Cap note, ADD "It is
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intended that the excavated trench width for all road cuts within the
project limits will be greater than 6....
9. In the Plan on Sheet 6 at Manhole No.9 on the plan view, ADD 50' - 6"
D.I.P. sewer service under the creek.
10. In the Specifications under Proposal on page P-2 under Sanitary
Sewer, Item 4, Select backfill, GA DOT Type 1, Class 1 & 11, CY,
DELETE 2000, ADD 5800.
11. In the Specifications under Proposal on page P-2 under Sanitary
Sewer, ADD Item 11, 6 .. DIP sanitary sewer connection, EA, 1.
12. In the Specifications under Proposal on page P-3 under Pavement
Structures, Item 16, Foundation backfill, GA DOT Type II, for addi-
tional unclassified excavation, CY, DELETE 1500, ADD 2500.
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F-.bruary B. 4001
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of
the Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the
Contract Documents shall control.
17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR
specifically waives any claim to same.
Substitutions:
17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions
of materials that are not detennined to be equivalent to those indicated or required in the contract documents
without an amendment to the contract.
Sanitary Sewer Overflow Prevention:
17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction:
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to
waters of the State is a violation of Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This
plan will include a list of key personnel with 24-hour contact infonnation who will respond during an
emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite.
Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT
REPRESENTATIVE prior to implementation.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans
and supporting calculations must be submitted to the Augusta Utilities Department for review prior to
establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if
failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the
State.
17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation
and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to
waters of the State.
17.9.5 In the event of a discharge of untreated wastewater, the COf'fTRACTOR will take the following
actions:
1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater.
2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT
PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction
conference) .
3. Maintain a chronicle of relevant infonnation regarding the incident including specific actions taken
by the CONTRACTOR and estimates of the discharge volume.
52
EXHIBIT A
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~
o
Catch Basin
:J
8" Concrete Block wrapped In
Filter Fabric.
Catch Basin
SECTION B-B
~
Install filter after any asphalt pavement Instal/atlon.
CURB INLET FILTER
"PIGS IN BLANKET"
Curbing
"---'
"---"""
EXHIBIT C
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INVITATION FOR BIDS
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SEALED BIDS for the construction of approximately 11,000 linear feet of8 inch diameter pipe, for
sanitary sewer and appurtenances, hereinafter referred to by project name:
I
SKINNER ROAD
SANITARY SEWER IMPROVEMENT
PROJECT NO. 50060
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will be received by:
Augusta-Richmond County Commission
Hereinafter referred to as the OWNER at the offices of
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Geri A. Sams
The Augusta-Richmond Purchasing Department
530 Greene Street - Room 605
Augusta, Georgia 30911
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Until 12:00 noon on the ~ day of~, 2001 at which time all bids will be publicly opened and
read in the presence of those interested.
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Copies of the Coon tract Documents may be examined during regular business hours at the offices of:
.1
Augusta-Richmond Purchasing Department
530 Greene Street, Room 605
Augusta, Georgia 30911
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Copies may be obtained at the office of Augusta-Richmond Purchasing Dept. upon payment of $1 00.00
(NON-RETURNABLE) tor each set.
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A 10% Bid Bond is required to be submitted in a separate envelope so marked along with the bidder's
qualifications; a 100% Performance Bond and a 100% Payment Bond will be required for award.
The OWNER reserves the right to reject any or all bids and to waive technicalities and informalities.
Please mark Bid Item Number on the outside of the envelope.
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It is the wish of the Owner that minority business be given the opportunity to bid on the various parts of
the work. This desire on the part of 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.
GERI A. SAMS, Purchasing Director
1
Publish:
Augusta Chronicle
Augusta Focus
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INSTRUCTION TO BIDDERS
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IB-Ol. GENERAL:
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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.
I
Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated
any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for
a period of sixty (60) days after bids have been opened, pending the execution of contract with the
successful bidder.
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1S-02. EXAMINATION OF WORK:
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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.
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1S-03. ADDENDA AND INTERPRETATIONS:
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No interpretation of the meaning of plans, specifications or other prebid documents will be made to
any bidder orally.
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Every request for such interpretation should be in writing addressed to Geri A. Sams, Augusta _
Richmond County Purchasing Department, 530 Greene Street, Room 605, Augusta, GA 3090 I
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.
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18-04. PREPARATION OF BIDS:
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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.
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Bidders must quote on ali 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.
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Alternative bids will not be considered unless specifically called for.
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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.
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Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of
corporations will be signed by an officer of the firm and his signature attested by the secretary
thereof who will affix the corporate seal to the proposal.
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NOTE: A 10% Bid Bond is required in all cases.
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18-05. BASIS OF A WARD:
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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.
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. Where estimated quantities are included in certain items of the proposal, they are for the purpose of
comparing bids. While they are 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.
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IB-06. BIDDER'S QUALIFICATIONS:
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No proposal will be received from any bidder unless he can present satisfactory evidence that he is
skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet
all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in
a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving
reliable information as to working capital available, plant equipment, and his experience and general
qualifications. The Owner may make such investigations as are deemed necessary to determine the
ability of the bidder to perform the work and the bidder shall furnish to him all such additional
information and data for this purpose as may be requested. The Owner reserves the right to reject any
bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such
bidder is properly qualified to carry out the obligations of the contract and to complete the work
contemplated therein. Part of the evidence-required above shall consist of a I ist of the names and
addresses of not less than five (5) firms or corporations for which the bidder has done similar work.
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18-07. PERFORMANCE BOND:
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At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of
the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for
the purpose of such contract, conditional for the payment as they become due, of all just claims for
such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges
that may accrue on account of the doing of the 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.
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. 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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18-08. REJECTION OF BIDS:
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These proposals are asked for in good faith. and awards will be made as soon as practicable, provided
18 - 2
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satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to
reject any and all proposals, or to accept a bid other than the lowest submitted if such action is
deeded to be in the best interest of the Owner.
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MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT:
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It is the intent of the Augusta-Richmond County Commission to increase the involvement of
qualified minority and economically disadvantaged businesses in the contracted work of County
Government.
In an effort to support this intention, this project is offered to all qualified finns. 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 fail into this category, no information is necessary.
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ENGINEER
CH2M HlLL is Program Manager for the Project. Address is 360 Bay Street, Suite 100, Augusta, GA
3090 I.
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.._---....-....-..---.~._-- -,:~_.,-.-_..---"._---
PROPOSAL
for
Skinner Road
Sanitary Sewer Improvements
Project No. 50060
The Augusta-Richmond County Commission
Municipal Building ( .
Augusta, Georgia 30911 .
Gentlemen:
The undersigned, as bidder, herein .referred to a singular and masculine, declares .as
follows:
1. The only parties interested in the proposal as principals are named herein;
2. He has carefully examined and fully understands the Contract Documents;
3. He understands that information relative to existing structures and underground
utilities as furnished to him on the drawings, the Contract Documents or by the
Augusta Utilities Department, carries no guarantee expressed or implied, as to its
completeness or accuracy and he has made due allowances therefore;
4. He has made a personal examination of the site of the proposed work and has
satisfied himself as to the actual conditions and requirements of .the work; .
and hereby proposes and agrees t,hat, if the Proposal is accepted he will contract with
the Augusta-Richmond County Commission Georgia, to furnish all machinery, tools,
apparatus. and other means of construction and to do all work and furnish materials
called for in accordance with the requirements of the Director of the Augusta Utilities
Department and the true 'intent of the Contract Documents and that he will take.in full
payment for each item of work, thereof, the unit 'or lump sum price applicable to that
item as stated in the schedule below.
(NOTE: Bidders must bid on each item.) .
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BID SCHEDULE
Item Description Units Ouantitv
SANITARY SEWER
1 8' Diameter- PVC sanitary sewer f~e SDR 35, LF 11,000
Depth 0' to 12', including Type I edding /7!.2.
m~eri~ .
2 8" diameter PVC sanitary sewer PIfe SDR 35, LF 50
Depth 12' to 14', including Type. bedding 2-72-
material . :> -
3 8" diameter ductile iron sanitary sewer piJJe LF 150
Class 350, Depth 0' to 12', including type II Z& ~"?
bedding material
4 Select backfill, GA DOT Type I, Class I & II Cy 75& fcfooo
5 Miscellaneous pipe fittings and connections LBS 2, 341 1000
6 Precast sanitary manhole, GA DOT SID EA /4/s- rll 42
1011A, Type 1, Depth 0' to 6' .
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7 Additional sanitary manhole depth, Type 1, VF /oo~ 70
Class 1
8 Additional sanitary manhole depth, Type 1, VF /2/ ~ 10
Class 2 .
. <149 03.
9 6" sanitary sewer connections EA 90
10 Tie new sanitary sewer to existing manholes, EA :;-'7;0 ,,2- 5
diameter varies . . o-
Il ~ II JJIP ~"c-..,.:;'-c.--7 5e~,..- C::~"-et::-.f;'c.>.7 EIr td;5~ I
PAVEMENT STRUCTURES
11 Asphalt overIav.l-1/2" thick, 12' wide TON 1-2 ?!- 700
12 Concrete roadway cap, 8" thick, 3' wide and SY 3 2.1 1500
. as.p.~)lt patch 2" thicK, 3' wide (for trench < 6' 4--
Wlae
13 Graded aggre~ate ~ase, 12" thick, 8'. wide and SY 23 if.:- 2000
asphalt patch "thIck, 8' wide (for trench >6'
Wlae) . .
14 Bituminous tack coat GAL ?o 200
/-
CoO
/?/o'lo -
/280 ~
~D
t'j-ooo -
43 5"00 ~
23wo ~
.!>-'1 44...? z 2.
dc>
7028 .-
12-1& ~
4-0 q.. i 2. /0
ZCf93 ~
Go s- ~
2"17'// ~
$73 is- =e..
~ 72-0 ~
34.o~
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- --. ---------------
BID SCHEDULE
MISCELLANEOUS
15 Rock excavation CY {p~~ 500
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16 Foundation backfiII,'UA DOT Type II, for CY .G}~
additional unclassified excavation
17 Grassin~. to match existing: ACRE /5S-~ ~ 4
18 Clearing: and grubbing: ACRE 4- 7&9 t:,& 4
19 Lump sum construction (See listing continued LS 14--83J ~ . 1
below) .
32.S-~D ~
23"1:>0 ~
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LUMP SUM CONSTRUCTION
Note: Lump sum construction items include but are not- limited to the following.
-c-
Item Descriotion
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1 Remove and reset fences, all tvoes
2 Erosion and sediment control (temporary grassing, perma~entgrassing,
construction exits. riD-raD. misc. erosion control structures
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3 Traffic control -
4 Miscellaneous grading:
The contract covering the construction of all work described above will be completed
within 200 consecutiv~ calendar days from the date specified in the "Notice to Proceed"
of tbeAugusta Utilities Department Director: 39-
..c;,,-e H..-nc/..-(i'c! 5~v'e'7"-7 6;.,.+ 77,yo.-.sco..,d 51.it- S?8/ cP 73, -
)/"nd.-e-c/ 5e';"..,,"'7 -rhr-..e ,/ 34-)00 - Dollars ($ I )
subject to reductions, additions and deletions provided herein on the basis of measured
quantities of completed work and the Dnces bid. Bidder further agrees to pay as
liquidated damages the sum of $ 250.00 for each consecutive calendar day
thereafter.
It is understood that the Owner reserves the right to reject any and all proposals or to
accept any proposal as deemed to be to the best interest of the OWner.
It is also understood that the following addenda as issued during the bid period shall be
included as part of the Contract Documents:
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Addendum
Date
No. /
fR/ 2010 i.
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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 with satisfactory
performance and payment bond in the amount equal to one hundred percent (100%) of
the total base bid sum. Enclosed herewith is a Bid Bond or Certified Check in the
amount of $ 10% of total bid Dollars ($ 5/, is&> /, E-. )
being not less than ten (10%) percent of the total base bid s~m.
Should the bidder fail to execute the Contract and furnish the Performance and Payment
Bond in case this proposal is accepted, the Owner shall have the right to receive the
amount of the bid security as liquidated damages. If the security is a Certified Check it
may be cashed by the Owner and the amount received shall become the property of the
Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by
the Surety.
The undersigned by submittal of this proposal, agrees that the above stated amount is
the proper measure of liquidated damages which the Owner will sustain by the failure of
the undersigned to execute the Contract and furnish the Performance and Payment
Bond. .
The successful bidder shall have a current Business License.
The Owner is an Equal Opportunity'Employer.
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Signature & Title of Authorized
R epresen ta tive
?D. Bo'l: )/0
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c:::;],.,~ .,1-,-..--<:,- ;.., .0.....
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Name of Bidder
Business Address
Date:
~ /2-&/0 I
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&<:--75' . 6.4 70$0'7
City and Skte
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BID BOND
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'. . .forms with The American Institute of Architects, A.I.A.
Document No. A-310
KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc., PO Box 770, Evans, Georqia 30809
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as Principal, hereinafter called the Principal,
and the National Fire Insurance Company of Hartford
I of CNA Plaza, Chicago, Illinois 60685
, a corporation duly organized under
the laws of tl:e State of
Connecticut
, as Surety, hereinafter called the Surety, are held and firmly bound unto
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Augusta-Richmond County Commission, 530 Greene St., Room 605, Augusta, Georgia 30911
as Obligee, hereinafter called the Obligee,
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in the sum of 10% of bid - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Dollars ($ 10% of bid ) for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns; jointly and severally, fIrmly by these presents.
WHEREAS, the Principal has submined a bid for Skinner Road Sanitary Sewer Improvments
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NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond
or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in
said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered
by said bid, then this obligation shall be. null arid void, otherwise to remain in full force and effect.
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Signed and sealed this
28th
day of __
June.
2001
)--"
Blair Construction,lnc.
(Se<ll)
Principal
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Witness
. {4.l !lJk/h:n~
Vice Pre>.c1e..,+
Title
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Witness
NaUonal Fire Insurance Company of Hartford
{ By ~(ll tJ 11f~"
. Buck Leigh Attorney-in-Fact
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I S-0054/GEEF 10/99
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Authorizing By-Laws and Resolutions
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
Jirectors of the Company. .
"Article IX--Executlon of Documents
Section 3. Appointment of Attorney-in-fact. The Chainnan 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
exe~ut~on. of pOlicies of .in.sur~nce, bon.ds, und.ertakings and ot~er obligatory instruments of like nature. Such attorneys-in-fact. subject to
the IImltatrons set forth In their respective certificates of authonty, 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 s~aJed shall, with respect to any bond or undertaking to which it is
attached, continue to be valid and binding on the Company."
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ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
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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 V~xecution of Obliga~ions and Appointment of Attorney-In-Fact
Section 2. Appointment of Attorney-in-fact. The Chainnan 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 of1>olicies of insurance. bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact. subject to
the limitatioml 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:
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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 theii' 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.
01 the Corporation may be allixed by Ia~ on any power 01 attorney granted pursuant to the ResoJution 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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I, ,._.Know All Men By These Presents, That CONTI~ENTAL CASUALTY COMPANY. an Illinois corporation, NATIONAL FIRE
, ,!RANCE COMPANY OF HARTFORD, a Conneclicut corporation, AMERICAN CASUALTY COMPANY OF READING
.. i\jS:LVANI~, a Pe~ns~lv~nia corpo~tion (he.rein collectively called "the CCC Surety Companies"), are duly organized' and existing
I. corp?rallons. haVing their pnnclpal offices In the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals
' herem affixed hereby make, constitute and appoint
. James D. Thaxton, Theodore J. Marek, Buck Leigh, G. A. Weathersby; Individually .
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
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of Columbia, South Carolina
1 their true and la~ul Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and an their behalf
bonds, undertakmgs and other obligatory instruments of similar nature '
- In Unlimited Amounts -
I 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 Attomey is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
I hereof, duly adopted, as indicated, by the Boards of Directors of tlie corporations. .
In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Grou.p Vice President and their
corporate seals to be hereto affixed on this 28th day of October 1999
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CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA
/11t/11ht1''/ ~~
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I ; Marvin J. Cashion Group Vice President
State:.'~f Illinois, County of Cook, ss:
OnJhis 28th day of October 1999 ,before m~personally came
I Marvin J. cas.hion, to me known, who, being by m. e duly sworn, did depo.se 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
1 pursuant to authority given by the Boards of Directors of said. corporations and that he signed his name thereto pursuarit to like authority,
and acknowledges sam'e to be the act and deed of said corporations.
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: · OFFICiAl SEAL.. ., ,
: DIANE FAULKNER : -_ nJ . .
: Motary PubIG. Mat. of Winola : ~ ~
· My CammiSIion ~ 8/17101 :
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My Commission Expires September 17, 2001
Diane Faulkner
Notary Public
CERTIFICA TE
I 'I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, a.nd AMERICAN CASUALTY COMPANY OFREADING, PENN?YLVANIA do hereb~ certify that the Power o.f 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 pnnted on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the
I said corporations this 28th day of JurE , 2CX)1.. .
CONTINENTAL CASUALTY COMPANY
~ C.ASlL1l.l' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
1$:';';9-\ AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
'! cOf\P OfI4TE ''f
~."'\s~. l Ltto. . a
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Mary A. Ribikawskis
Assistant Secretary
ev.10/1/97)
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AGREEMENT
THIS AGREEMENT. made on the. I'-/~ day of ~ u.....Jt:J , 200 I, by and between
AUGUSTA. GEORGIA. BY AND THROUGH THE AUGU A-RICHMOND COUNTY
COMMISSION, party of the first part, hereinafter called the OWNER., and 13J...-Al/2J.
C,oNS7I2.Ue:TlOAJ, /)..}C. . 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:
SKfNNER ROAD
SANITARY SEWER IMPROVEMENTS
PROJECT NO. 50060
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" - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within -1.Q.:. calendar days
after the date of written notice by the Owner or the Contractor to proceed. All work shall be completed
within 200 calendar days with all such extensions of time as are provided for in the General
Conditions.
It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the
date of beginning, rate of progress and the time for completion of the work to be done hereunder are
ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted
regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof
within the time specified. It is expressly understood and agreed by and between the Contractor and the
Owner, that the time for completion of the work described herein is a reasonable time for completion of
the same, taking into consideration the average climatic range and construction conditions prevailing in
this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK
WlTHlN 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 Two Hundred Fifty and
no/ I OOs ($ 250.00) 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.
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.
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It is further agreed that time is of the essence of each and every portion of this Contact and the
specifications wherein a definite portion and certain length of time is fixed for the additional time is
allowed for the completion of any work, the new time limit fixed by extension shall be the essence of this
contract.
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ARTICLE III - PAYMENT
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(A) The Contract Sum
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The Owner shall pay to the Contractor for the perfonnance 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.
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(B) Progress Payment
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On no later than the fifth day of every month, the Contractor shall submit to the Owner's
Engineer an estimate covering the percentage of the total amount of the Contract which has been
completed from the start of the job up to arid including the last working day of the preceding month,
together with such supporting evidence as may be required by the Owner and/or the Engineer. This
estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule.
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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 fmal completion and
acceptance of all work under the Contract.
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ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
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(A) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer
shall within 10 days made such inspection, and when he finds the work acceptable under the Contract and
the Contract fully perfonned, 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 tenns 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.
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(B) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer
that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in
case of disputed indebtedness. of liens of evidence of payment of all such disputed amounts when
adjudicated in cases where such payment has not already been guaranteed by surety bond.
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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.
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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 origit:lal, in the year and day first mentioned above.
(SEAL)
~Jf(I!lMttJ
~ 2JI tJ. '7n9'l~1D
Witness
(SEAL)
A TrEST:
1J/uk. 171 ;;t~hL
Secretary
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Witness
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CONTRACTOR: /3/G...., c;,<7s.J.,..~e.J-....- x;;,c.
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Address:
P.D. Bc;>~ 770
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS; that
Blair O:nst.ru:::tim, In::.
(Name of Contractor)
FO :Ebx 770, EVans, C€or:fia 3J809
(Address of Contractor)
a
Cbq:aratim
, hereinafter called Principal, and
Natirnal Fire Irlsuran:E Chrpmy of Hrrtfard
(Name of Surety)
CNA. Plaza, Ori.~, Illimis faX35
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto the Augusta-Richmond County Commission,
. Municipal Building, Augusta, Georgia 30911, hereinafter called OWNER, in the penal sum of Five fhJrx:h:ej S:venty-Eight
~Jkix I-Iurxh:Erl S:venty-'ll1ree dollars ($ 578,673.34 ), in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THlS OBLIGATION is such that whereas, the Principal entered into
a certain contract with the OWNER, dated day of ,20_, a copy of which
is hereto attached and made a part hereof for the construction of SKINNER ROAD SANITARY
SEWER IMPROVEMENTS. PROJECT NO. 50060.
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NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all
the undertakings, covenants, terms, conditions and agreements of said contract during the original term
thereof and any extensions thereof which may be granted by the OWNER, with or without notice to the
Surety and during the one year guaranty period and ifhe shall satisfY all claims an demands incurred
under such contract and shall fully indemnifY and save harmless the OWNER from all costs and damages
which it may suffer by reason offailure to do so and shall reimburse and repay the OWNER all outlay and
expense which the OWNER may incur in making good any default. then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to work to be
performed thereunder or the specifications accompanying the same shall be in any way affect its
obligation on this bond and it does hereby waive notice of any such change extension of time, alteration or
addition to the terms of the contract or to the work or to the specifications.
PROVIDED FURTHER, that no fiinal settle":lent between the OWNER and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Cis by G\ resi<B1t ag:nt ~;t f). J<,.~1 ~J0
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IN WITNESS WHEREOF, this instrwnent is executed in Five (number of copies)
counterparts, each one of which shall be deemed an original. this day of
20
ATTEST:
Blair Ctrlstru:::tim, In:::.
Principal
By L~~ :~ R'~~^AI\v (s)
$'~ #/ 't1,t?4f-
(Principal) Secretary
FD B:oc 770
Address
(SEAL)
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Evans, Q:orgia :mB
;:?*- s .~.dL..
(Witness as to Principal)
l\6tirnal Fire Insuran:E O::rrp3ny
of Hrrtford
Surety
BY'~~Ui~
Attomey-i fact
FD B:oc 770
(Address)
Evans, Ca::lrgia :mB
ATTEST:
~1~
(S ty) .
FD B:oc 24167
Address
Cblurbia, s::: 29224-4167
J1DM
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ro fbx 24167
(AMressL ____ _ _
. Cblurbia, g:; 29224-4167
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NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners
should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current'list (Circular 570 as amended) and authorized to transact business in the state where the project is
located.
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PAYMENT BONll>
929 204 383
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KNOW ALL MEN BY THESE PRESENTS: that
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Blair Ctnst.n:rtim, In:::.
(Name of Contractor)
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ro Ibx 770, EVans, Goorgia ?J::J!I:E
(Address of Contractor)
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a Cbq.:oratim
(Corporation, Partnership or Individual)
hereinafter called Principal
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and ~tiaB.l Fire Insuran:E Cl:Iq::any of Fmtfard
. (Name of Surety)
GJA Plaza, 01iCBg:>, Illimis 6OS85
(Address of Surety)
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hereinafter called Surety, are held and firmly bound unto the Augusta-Richmond County Commission.
Municipal Building, Augusta, Georgia 30911, called Owner in the penal sum of Five Hurxk'e:i ~ty-Ei.ght
'Ih:usarrl Six Hurxk'e:i ~ty-'Ihree arrl 34/1005 dollars ($ 578,673.34
in lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, successors, assigns, jointly and severally, firmly by these presents.
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The Condition of this obligation is such that whereas the Principal entered into a certain contract with the
Owner dated the _ day of ,20_, a copy of which is hereto attached and made
a part hereof for the construction of:
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SKINNER ROAD SANITARY SEWER IMPROVEMENTS. PROJECT NO, 50060.
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NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms.
contractors and corporations furnishing material for or performing labor in the prosecution of the work
provided for in such contract and any authorized extension or modification thereof, including all amounts
due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools.
consumed or used in connection with the construction of such work and all insurance premiums on said
work and for all labor performed in such work whether by subcontractor or otherwise, then this obligation
shall be void, otherwise to remain in full force and effect.
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PROVIDED FURTHER. that the Surety for value received hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the Contract or to the work to be
performed thereunder or the speCifications accompanying the same shall in any way affect its obligation
on this bond and it does hereby waive notice ofany such change, extension oftime, alteration or addition
to the terms of the Contract or to the work or to the specifications.
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PROVIDED FURTHER. that no final settlement between the OWNER and the Contractor
shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
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IN WITNESS WHEREOF, this instrument is executed in Five (number) of counterparts.
each of which shall be deemed an origiilal this day of ,20_.
Blair Onst.ru::t.im, Inc.
Principal
. ~
By rAjA 00.","_ "^ {( . (s)
ATTEST:
;P/~ -# ;L ..L
(Principal) Secretary ~
ro .B::Ix 770, Evans, Ca:lrgia :I:f!I:J9
Address
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Address
Cbl~ia, 3::: 29224-4167
ro .B::Ix 770
(Address)
Evans, ~ia :nD3
ATTEST: (
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Surety
By Z;,".i: ~~A
Attorney-m- act
ro .B::Ix 24167
(Address)
Cblurbia, 3::: 29224-4167
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NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners
should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and authorized to transact business in the state where the project is
located.
PYB - 2
Authorizing By-Laws and Resolutions
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 Bo~rd 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
GroupYice Pre~i~ent ~ay, from time to time, appo~nt by written certificates attomeys-In-fact to act in behalf of the Company in the
exe~ut~on. of poliCies of .Insur~nce, bon.ds, und.ertakln9s and ot~er obligatory instruments of like nature. Such attomeys-in-fact, subject to
the lImltatrons set forth In their respective certificates of authonty, 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 attomey-In-fact: .
This Power of Attomey 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 affi1(ed 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 VJ-:-Execution of Obliga~ions and Appointment of 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~olicies of insurance, bonds. undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to
the limitatioml 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 certific~te bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealeS! 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 FIREJNSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by a'uthority 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 instru.ments oflike 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 atany time revoke all power and authority previously given to any Attomey-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.
01 the Cotpotation may be altiJced by Ia~ on any power of attorney granted pursuant to the Resolution adopted by fhjs 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
vaiid 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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t.b~ry t, 2001
GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
. Wherever used in these General Conditions or in the other Contract Documents the following terms have the
meanings indicated, which are applicable to both the singular and plural thereof:
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Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by
COUNTY to prospective Bidders prior to the time of opening of Bids.
Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed;
other Contract Documents are attached to the Agreement and made a part thereof as provided therein.
Application for Payment- The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in
requesting progress or final payments and which is to include such supporting documentation as is required
by the Contract Documents.
BicHheoffer or proposal of the bidder submitted on the prescribed form setting forth theprice(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 aneJ.,authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price
or the Contract Time, issued on or after the Effective Date of the Agreement.
Contract Documents-The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's
Bid (including:documentation accompanying the Bid and any post-Bid documentation submitted prior to the
Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the
Supplementary Conditions, the Plans, SpeCifications and the Drawings as the same are more specifically
identified in the Agreement, Certificates of Insurance, Notice of Award, and Change Order duly delivered after
execution of Contract together with all amendments, modifications and supplements issued pursuant to
paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement.
Contract Pric~ The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated
in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work).
Contract Time- The number of days (computed as provided in paragraph 17.2) or the date stated in the
Agreement for the completion of the Work.
CONTRACTOR- The person, firm or corporation with whom OWNER has entered into the Agreement.
COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the
Augusta-Richmond County Commission, and its authorized designees, agents, or employees.
Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a
legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther
King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday,
and Christmas Day.
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Defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or
deficient, 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 eontract Documents, or has been damaged prior to
PROFESSIONAL's recommendation of final payment. unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion (in accordance with paragraph 14.8 or 14.10).
Drawings-The drawings which show the character and scope of the Work to be performed and which have
been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents.
Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if
no such date is indicated it means the date on which the Agreement is signed by the Mayor of 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 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.
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
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submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work.
Specifications- Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems. standards and workmanship as applied to the Work and certain
administrative details applicable thereto.
Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other
SUBCONTRACTOR for the performance of a part of the Work at the site.
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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, fumishing 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.
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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 of the Contract Documents for execution of the work. Additional sets of the project manual and
drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY
upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges
for printing and reproduction.
Commencement of Contract Time, Notice to Proceed:
2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed
may be given at any time after the Effective Date of the Contract.
Starting the Project:
2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall
be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR
prior to date 'on which Contract Time commences shall be at the sole risk of CONTRACTOR.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare
the Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall
be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract
Documents, if CONTRACTOR knew or reasonably should have known thereof.
2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the
General Requirements), CONTRACTOR shall submit to PROFESSIONAL and PROJECT MANAGER for
review:
2.6.1. an estimated progress schedule indicating the starting and completion dates of the various
stages of the Work:
2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and
2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of
items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to
serve as the basis for progress payments during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR
at the time of submission.
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2.7. Before any Work at the site is started. CONTRACTOR shall deliver to OWNER, with copies to
each additional insured identified in the Supplementary Conditions. an original policy or certified copies of each
insurance policy (and other evidence of insurance which COUNTY may reasonably request) which
CONTRACTOR is required to purchase and maintain in accordance with Article 5.
Pre-construction Conference:
2.8. Before any Work at the site is started; a conference attended by CONTRACTOR, PROJECT
MANAGER, PROFESSIONAL and others as appropriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules referred to in 2.6, procedures for handling
Shop Drawings and other submittals, processing applications for payment and maintaining required records.
Finalizing Schedules:
2.9. At least ten days before submission of the first Application for Payment, a conference attended
by CONTRACTOR, PROFESSIONAL and Project Manager and others as appropriate will be held to finalize
the schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10)
calendar days to make corrections and adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the schedules are submitted 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 acceptabJe to PROFESSIONAL as providing a workable arrangement for
reviewing ao.d processing the submissions. CONTRACTOR's schedule of values shall be approved by
PROFESSIONAL as to form and substance.
CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for
maintaining the schedule, including updating schedule. Schedule updates shall include progression of work
as compared to scheduled progress on work. Schedule updates shall accompany each pay request.
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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 Slate of
Georgia.
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3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment
that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as
being required to produce the intended result will be supplied whether or not specifically called for. When
words or phrases which have a well-known technical or construction industry or trade meaning are used to
describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning.
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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
interpretatiorLof the provisions of the Contract Documents would result in violation of such Law or Regulation).
Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided
in paragraph 9.4.
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3.4. Reference to standards, specifications, manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the Contract Documents.
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3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity
or discrepancy within the Contract Documents or between the Contract Documents and any provision of any
such Law or Regulation applicable to the performance of the Work or of any such standard, specification,
manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to
PROFESSIONAL in writing at once. and before proceeding with the Work affected thereby and shall obtain
a written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable
to OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the
Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known
thereof. .
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Amending and Supplementing Contract Documents:
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3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in
the Work or to modify the terms and conditions thereof in one or more of the following ways:
3.6.1. a formal Written Amendment.
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3.6.2. a Change Order (pursuant to paragraph 10.3), or
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3.6.3. a Work Directive Change (pursuant to paragraph 10.4).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a
Change Order or a Written Amendment.
3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized in one or more of the following ways: '-
3.7.1. a Field Order (pursuant to paragraph 9.5).
3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and
6.26), or
3.7.3. PROFESSIONAL's written interpretation or certification (pursuant to paragraph 9.4).
Reuse of documents:
3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire
any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies oil any
thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall
not reuse such Drawings, 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.
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ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
A vailability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work
is to be perlormed, 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-ot-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: Reterence is made to the Supplementary Conditions for identification
of those reports of explorations and tests of subsurlace 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 surlace or subsurlace 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 dat~" isidentitied in the Supplementary Conditions. Except for such
reliance on s..uch "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 sur.h reports and drawings for CONTRACTOR's purposes, including but
not limited to, any aspects of the means, methods, techniques. sequences and procedures of construction
to be employed by CONTRACTOR and safety precautions and programs incident thereto, or
4.2.2.2. other data. interpretations, opinions and information contained in such reports or shown or
indicated in such drawings. or
4.2.2.3; any CONTRACTOR interpretationot 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, atthe site which are (1) subsurface
or otherwise concealed physical conditions which differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those
ordinarily found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents. then CONTRACTOR shall give COUNTY notice thereof promptly
before conditions are disturbed and in no event later than 48 hours after first observance of the conditions.
4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and.
if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for,
perlormance 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
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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
fumished 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 Shawn ar Indicated. If an Underground Facility is uncovered or revealed at or contiguous
to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not
reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof
and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22,
identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER
and PROFESSIONAL. PROFESSIONAL Will promptly review the Underground Facility to determine the
extent to whiC:"h the Contract Documents should be modified to reflect and document the consequences of the
existence of .the Underground Facility, and the Contract Documents will be amended or supplemented to the
extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the
existence of any Underground Facility that was not shown or indicated in the Contract Documents and which
CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree
as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and
12.
Reference Points:
4.4. OWNER shall provide Engineering surveys to establish reference points for construction which
in PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established reference points and shall make no changes or
relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL
whenever any reference point is lost or destroyed or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such reference
points by professionally qualified personnel.
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Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
4.5 COUNTY shall be responsible for any ~sbestos. 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 CONTRACTOR,
Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible.
4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition
and in any area affected thereby (except in an emergency as required by 6.22), and (ii) notify OWNER and
PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with
PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert. to evaluate such
hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work
in connection with such hazardous condition or in any such affected area until after OWNER has obtained any
required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such
condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any
special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot
agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times
as a result of such Work stoppage or such special conditions under whicll Work is agreed by CONTRACTOR
to be resumed, either party maymake 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 deleted such 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. r. 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 Contrall:t
Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary
Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents
and be executed by such sureties as are named in the current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published
in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds
signed by an agent must be accompanied by a certified copy of the authority to act.
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 fumishing of
the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed
or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of
them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar
employee benefit acts;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of
CONTRACTOR's employees;
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5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other
than CONTRACTOR's employees;
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 (or the certificates or
other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be
canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given
to OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain
in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain
such completed operations insurance for at least two years after final payment and furnish OWNER with
evidence of continuation of such insurance at final payment and one year thereafter.
Contractual Liability Insurance:
5.4.. The comprehensive general liability insurance required by paragraph 5.3 will include contractual
liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33.
Owner's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance,
and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will
protect OWNER against claims which may arise from operations under the ContraCt Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and
maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such
deductible amounts as may be provided in the Supplementary Conditions or required by Laws and
Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors,
PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall
be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage
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
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Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss
. or incurred in the repair or replacement of any insured property (including but not limited to fees and charges
of PROFESSIONAls, architects, attorneys and other PROFESSIONAls). If not covered under the "all risk"
insurance or otherwise provided in the Supplementary- Conditions. CONTRACTOR shall purchase and
maintain similar property insurance on portions of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for Payment.
5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property
insurance as may be required by the Supplementary Conditions or laws and Regulations which will include
the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's
consultants in the Work, all of whom shall be listed as insured or additional insured parties.
5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be
purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until
at least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph of 5.11.2.
5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to
protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible
amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will
be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other special insurance be included in the property
insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to
CONTRACT0R by appropriate Change Order or Written Amendment. Prior to commencement of the Work
at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been
procured by OWNER.
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages
caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and
5.7 and other property insurance applicable to the Work, and also waive all such rights against the
Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds
in such policies for losses and damages so caused. As required by paragraph 6.11 , each subcontract between
CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of
OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as
insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the
proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued.
5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and
5.7 shall protect all of the parties insured and provide primary coverage for all/osses and damages caused
by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the
event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties
named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by
PROF.ESSIONAL or PROFESSIONAL's consultant OWNER will obtain the same, and if such waiver forms
are required of any Subcontractor, CONTRACTOR will obtain the same.
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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, shat! have power to adjust and settle any loss with the insurers unless one
of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's
exercise of this power. If such objection be' made, OWNER, as trustee, shall make settlement with the
insurers in accordance with such agreement as the parties in interest may reach. If required in willing by any
party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper
performance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance
required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on
the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing
thereof within' ten days of the date of delivery of such certificates to OWNER in accordance with paragraph
2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7
on the basis.of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in
writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance
with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information
in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of
such insurance purchased by the other as complying with the Contract Documents.
Partial Utilization-Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion of all the Work; such use or occupancy may be accomplished in accordance with
paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or
policies, but the property insurance shall not be canceled or lapse on account of any such partial use or
occupancy.
Indemnification
5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY, PROGRAM MANAGER, and
its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and
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expenses, including attorneys' fees, arising.out of or resulting from the performance o"f 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 pr.operty, 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 cCiused 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 on patent or copyrights held by others and shall defend all such claims
in connection with any alleged infringement of such rights.
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rebt\lu", !. 20Cl
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, tethniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification of a specific means, method, technique, sequence
or procedure of construction which is shown or indicated in and expressly required by the Contract
Documents. CONTRACTOR shall be .responsible to see that the finished Work complies accurately with the
Contract Documents.
6.2. CONTRACTOR shall keep on the Work, at all times during its progress a competent resident
superintendent, who shall not be replaced without whiten notice to OWNER and PROFESSIONAL except
under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site
and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall
be as binding as if given to CONTRACTOR. .
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the
Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times
maintain good discipline and order at the site. Except in connection with the safety or protection of persons
or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not
permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's
written consent given after prior written notice to PROFESSIONAL.
~
6.4.. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and
assume full responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities
and all other .facilities and incidentals whether temporary or permanent necessary for the execution, testing,
initial operation, and completion of the Work as required by the Contract Documents.
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in
the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall fumish 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 otherv\'ise 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
or9.15.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in
paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new
developments; these will conform generally to the progress schedule then in effect and
additionally will comply with any provisions of the General Requirements applicable thereto.
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hbruuy I, 2001
Substitutes or "Or-Equal" Items:
6.7.1: Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended
to establish the type, function and quality required. Unless the name is followed by words indicating that no
substitution is permitted. materials or equipment of other Suppliers may be accepted by PROFESSIONAL if
sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material
or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL
will include the following as supplemented in the General Requirements. Requests for review of substitute
items of material and equipment 'v'J.ill not be accepted by PROFESSIONAL from anyone other thaQ
CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment,
CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the
proposed substitute will perform adequately the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that specified.
The application will state that the evaluation and acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute
for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and
whether or not incorporation or use of the substitute in connection with the Work is subject to payment 01. 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 Gen-
eral Requirements.
6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed
substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed
or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by either a Change
Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's
expense, a special performance guarantee or other surety with respect to any substitute. PROFESSIONAL
will record time required by PROFESSIONAL and PROFESSIONAL's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby.
Whether or not PROFESSIONAL accepts a proposed substitute, CONTRACTOR shall reimburse 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
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Tebru.ry e, 2001
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
equipmentto 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 objec-
tion. In the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other
person or organization so identified may be revoked on the basis of reasonable objection after du~
investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be
increased by the difference, and the cost occasioned by such substitution and an appropriate Change Order
will be issued or Written Amendment signed. No acceptance by OWNER or PROFESSIONAL of any such
Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or
PROFESSIONAL to reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and
omissions 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 Documents shall create any contractual
relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the partof 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 perforl1)ed by any specific trade.
6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL
and contains.waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor
a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued
pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use
in the performance of the Work or the incorporation in the Work of any invention, design, process, product
or device which is the subject of patent rights or copyrights held by others. CONTRACroR 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 on patent rights or copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of any invention, design, process, product or device not
specified in the Contract Documents, and shall defend all such claims in connection with any alleged
infringement of such rights.
Permits:
6.13. CONTRACTOR shall obtain and pay for all construction permits, licenses, governmental charges
and inspection fees, and all public utility charges which are applicable and necessary for the execution of the
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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 Regulattons. .
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.
Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment
and the ope~ations 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. CONTRAcrOR 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 ofthe 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, indirectJy 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 part of the Work or adjacent property
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to stresses or pressures that will endanger them.
Record Documents:
6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents
and all Drawings and Specjfications. 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. COf'ITRACTOR shall assume all risk of loss for stored
equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored
equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury or loss to:
6.20.1. all employees on the Work and other persons and organizations who may be affected
thereby;
6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site; and
6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation
or replacement in the course of constructioh..
COf'ITRACTOR 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 fumish 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 Spec'jfications 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).
COf'ITRACTOR'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 COf'ITRACTOR 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. Emergendes:
6.22. In emergencies affecting the safety or protection of persons or the Work or property at the
site or adjacent thereto, COf'ITRACTOR, without special instruction or authorization from PROFESSIONAL or
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OWNER, ;s obligated to act to prevent threatened damage,. injury or loss. CONTRAcrOR shall give
PROFESSIONAL prompt written notice jf CONTRAcrOR believes that any significant changes in the Work or
variations from the Contract Documents have been cau_sed 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, wh~~er or not such person was engaged in the construction of the Project!.
and shall file a written report on such person(s) and any other event resulting in property damage of any
amount within five (5) days of the occurrence.
6.22.2. If PROFESSIONAL detennines that a change in the Contract Documents is required because
of the action taken by CONTRAcrOR 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 CONTRAcrOR 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
infonnation necessary to enable PROFESSIONAL to review the submittal as required. At the time of each
submission, CONTRAcrOR shall give notic~ to PROFESSIONAL of all deviations that the submittal or sample
may have frorn 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 confonnance with the design concept of the Project and compliance with the
infonnationgiven in the Contract Documents. The approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CONTRAcrOR 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 shail 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 CONTRAcrOR 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, CONTRAcrOR shall give PROFESSIONAL specific written
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?eDNar,,/ !. 1001
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 suchv~riation.
6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and
samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of
the Project and for compliance with the information given in the Contract Documents and shall not extend
to means, methods, techniques, sequences or procedures of construction (except where a specific means,
method, technique, sequence or procedure of construction is indicated in or required by the Contract
Documents) or to safety precautions' or programs incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in which the item functions.
6.27. No Work requiring a submittal or sample submission shall commence until the submission has
been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall be
kept ih 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 CONTRACTOR 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 drawing,s and sample submissions accepted by PROFESSIONAL as required, any related work performed
prior to Professional's review and approval of the pertinent submittal will be at the sole expense and
responsibility of Contractor.
Continuing the Work:
6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes
or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes
or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise
agree in writing.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and
other debris or 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 .Iaws and regulations. In
addition to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to
maintain the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore
to original condition those portions of the site not designated for alteration by the Contract Documents.
Indemnification:
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Pebr\Nry a. 2001
6.32. To the fullest extent permitted by Laws and Regulations, CONTRAeTOR 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 part by any negligent act or omission of CONTRAeTOR, 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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February 5. 2001
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 CONTRACfOR prior to starting any such other work, and,
if CONTRACfOR believes that such performance will involve additional expense to CONTRACfOR or requires
additional time and the parties are unable to agree as to the extent thereof, CONTRACfOR may make a claim
therefor as provided in Articles 11 and 12.
7.1.2. CONTRACfOR 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.
CONTRACfOR shall do all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. CONTRACfOR 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 CONTRAcrOR under this paragraph are for the benefit of such utility owners and other
contractors to the extent that there are comparable provisions for the benefit of CONTRACfOR in said direct
contracts between OWNER and such utility owners and other contractors.
7.2. If any part of CONTRACfOR's Work depends for proper execution or results upon the work of
any such other contractor or utility owner ,( or OWNER), CONTRACfOR shall inspect and promptly report to
PROFESSIOf'JAL in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. CONTRACfOR's failure so to report will constitute an
acceptance of the other work as fit and proper for integration with CONTRACfOR's Work except for latent
or nonapparent defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the performance of other work on the Project at the site,
the person or organization who will have authority and responsibility for coordination of the activities among
the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to
be covered by such authority and .responsibility will be itemized, and the extent of such authority and
responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the
Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in
respect of such coordination.
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P'.bruu'Y 8. 2001
ARTICLE 8---0WNER'S RESPONSIBILmES
8.1. Except as otherwise provided in these General Conditions, COUNTY shall issue all
communications to CONTRACTOR through the Project Manager or PROFESSIONAL.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a
PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the
Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and
shall make payments to CON"ffiACTOR 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 1~.4. .
8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and
15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain
circumstances.
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hbruary a. 20Ci 1
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 determine, in general, if the
Worl< ;s 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 of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a ReId Order
and will bc binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If
CONTRACTOR believes that a Field Order justifies an increase. in the Contract Price or an extension of the
Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may
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F.br\lery I, 2001
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. I?ROFESSIONAL will determine the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's preliminary
determinations on such matters before rehdering a written decision thereon (by recommendation of an
Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER
or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written notice of
intention to appeal from such a decision.
Decisions on Disputes:
9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents
and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to
the perfonnance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes m the
Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a
formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a
reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant
to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after
the occurrence of the event giving rise thereto) and written supporting data will be submitted to
PROFESSIONAL and the other party within sixty days after such occurrence unless PROFESSIONAL allows an
additional period of time to ascertain more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, PROFESSIONAL
will not show partiality to OWNER 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 final payment as provided in paragraph 14.16) will be a
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JI'-Druary a. 2001
condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may
otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute
or other matter. . . .
limitations on PROFESSIONAL's Responsibilities:
9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract
Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or
responsibility of PROFESSIONAL to CONTRACTOR,. any Subcontractor, any of their agents or employees. .
9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques,
sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be
responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.
9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any
Subcontractors, any agents or employees, or any other persons performing any of the Work.
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ARTICLE 10--CHANGES IN THE WORK
10.1. Without invalidating the Contract, OWNER may at any time or from time to time order
additions, deletions, or revisions in the Work. The Project Manager shall provide CONTRACfOR with a
proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACfOR 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 CONTRACfOR must cease
performance as directed; CONTRACioR shall not be entitled to claim lost profits on deleted work. Ail
changed Work shall be executed under the applicable conditions of the Contract Documents.
10.2. Additional Work performed ,by CONTRAcrOR without authorization of a Change Order will not
entitle CONTRACfOR 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 6. The effect of this paragraph shall remain paramount and shall
prevail irrespective of any conflicting provisions contained in these Contract Documents.
10.3. Upon agreement as to changes in the Work to be performed, Work performed in an
emergency as provided in Article 6, and any other c1aiRl of CONTRACfOR for a change in the Contract Time
or the Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL
and CONTRAcrOR and submitted to OWNER for approval.
10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue
a Work Directive Change to CONTRAcrOR. Pricing of the Work Directive Change will be in accordance with
Section 11.3. The Work Directive Change will specify a price, and if applicable a time extension, determined
to be reason.eble by OWNER. If CONTRActOR fails to sign such Work Directive Change, CONTRAcrOR may
submit a claim in accordance with Articles 11 and 12, but CONTRACfOR shall nevertheless be obligatedto
fully perform the work as directed by the Construction Change Directive.
10.5; CONTRAcrOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. If notice of any change affecting the general scope of the Work or the provisions of the
Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the
provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACfOR's
responsibility, and the amount of each applicable Bond will be adjusted accordingly.
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ARTICLE ll-CHANGE OF CONTRACT PRICE
Fegruu'''J' 5. 2001
11.1. The Contract Price constitutes the total compensation (subject to written authorized
adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations
assigned to. or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the
Contract Price.
11.2. The Contract Price maY'only be changed by a Change Order or by a Written Amendment. Any
claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party
making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days)
after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence
(unless PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the
claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known
amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved.
No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this
paragraph 11.2.
11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the
Contract Price will be determined by the following procedures:
11.3.1. Designated Unit Price (Field Measure). CONTRACTOR and OWNER recognize and
acl<nowledgethat 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 defined in the Contract Documents.
11.3.3. Other Unit Prices. For items not designated in the bid proposal as unit prices, OWNER and
CONTRACTOR may establish unit prices as agreed on by Change Order.
11.3.4. lump Sum. When it is determined by OWNER that an addition, deletion or revision to the
Work is required which results in a change in Work designated in the Bid Proposal as a lump sum item, the
amount of increase or decrease in the lump sum price shall be established by mutual agreement of the
parties.
11.3.5. If the pricing methods specified in 11.3 are inapplicable, or if the parties are unable to agree
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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.- CONTRAcrOR shall perform the Work as directed
in the Change Order.
11.3.6. Failure on the part ofCONTRAcrOR 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 cgmpensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACfOR with which to make
payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and refunds
and all retumsfrom 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, CONTRAcrOR shall obtain competitive bids from Subcontractors
acceptable to CONTRACfOR and shall deliver such bids to OWNER who then determines, with the advice of
PROFESSIONAL, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid
on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the
same manner as CONTRACfOR's Cost of the Work. All subcontracts shall be subject to the other provisions
of the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but not limited to PROFESSIONAL's architects, testing
laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work.
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'.cn.auy a. 2001
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportabon, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers,
which are consumed in the performance of the Work, and cost less market value of such items used but not
consumed which remain the property- of CONTRACTOR..
.11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of
PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal
thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery
or parts shall cease when the use thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR
is liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or any-
one directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise,
to the Work Qr otherwise sustained by CONTRAcTOR in connection with the performance and furnishing of
the Work (except losses and damages within the deductible amounts of property insurance established by
OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them
or for whose :acts any of them may be liable. Such losses shall include settlements made with the written
consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the
Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires
reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee
proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
site, expressage and similar petty cash items in connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the
Work and premiums of property insurance coverage within the limits of the deductible amounts established.
. by OWNER in accordance with paragraph 5.6.
11.5. The term Cost of the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers, PROFESSIONAls, architects, estimators, attorneys,
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P.bruar/ !. !:-::.
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 cov.ered 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 if none can be agreed upon;
11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work:
'11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen
percent,
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Feeshall five percent; and if
a subcontract is' on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors shall be fifteen percent,
11.3,
11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and
11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC-
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!".cruarJ' 3, 2001
TOR's Fee by an amount equal to ten percent of the net decrease, and
11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4, inclusive.
11.7. For all changes, CONTRACTOR shall submit an itemized cost breakdown, together with
supporting data in such detail and form as prescribed by the Project Manager. When a credit is due, the
. amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net
decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project
Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved
in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether
an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required
by diSCipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and
rate for each piece of equipment, material by units of measure and price per unit, other costs specifically
itemized, plus the overhead and profit markup.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named
in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or
Suppliers and for such sums within the limit of the allowances as may be acceptable to PROFESSIONAL,
CONTRACTOR agrees that:
11.8:.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and
11.8.2. CONTRACTOR's costs for u.nloading and handling on the site, labor, installation costs,
overhead, profit and other expenses contemplated for the allowances have been included in the Contract
Price and not in the allowances. No demand for additional payment on account of any thereof will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to
reflect actual amounts due CONTRAcrOR on account of Work covered by allowances, and the Contract Price
shall be correspondingly adjusted.
Unit Price Work:
11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of
the established unit prices for each separately identified item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not
guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will
be made by PROFESSIONAL in accordance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be
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adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
t.cru.l""/ a. 2001
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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!"eonlary 8, 2001
ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed-by a Change Order. Any request for an extension
in the Contract Time shall be made in writing and delivered to PROFESSIONAL and Project Manager within
seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data
. will be submitted to PROFESSIONAL and Project Manager within fifteen (15) calendar days after such
occurrence unless the Project Manager allows additional time. All claims submitted by CONTRACTOR for
adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly
indicate why the subject delay was beyond CONTRACTOR's control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or
completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or
by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor
.disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by
CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the
Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine.
CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay
which OWNER may determine to be due solely to such causes and only to the extent such occurrences
actually delay the completion of the Work and then only if CONTRACTOR shall have strictly complied with all
the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract
Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance,
progress, commencement or completion of the Work for any cause whatsoever, including those for which
OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to
perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's sole
and exclusive remedy against OWNER for ililterruption, 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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P'.br.,aary 5. 2001
ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be
new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner,
free from faults or defects, and in accordance with the requirements of the Contract Documents and any
inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work
not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all
applicable building, construction and safety requirements shall be considered defective. Notice of all defects
shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be
rejected, corrected, or accepted as provided in this Article.
Access to Work:
13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated
representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be
given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of
the Work and also for any inspection or testing by others.
Tests and Inspections:
13..3";. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction require anyWork to specifically be inspected, tested, or approved by someone
other than CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore.
13.4; The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or
approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All other
inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for
inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours
per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled
away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection,
testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society
for Testing and Materials or such other applicable organizations as may be required by law or the Contract
Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction
of PROFESSIONAL and at CONTRACTOR's expense.
13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any
public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR
(or by PROFESSIONAL if so specified).
13.6. tf any Work (including the work of others) that is to be inspected, tested or approved is
covered without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be
uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR"has
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!.br-u.ry e. 20::
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 tE>- be inspected, tested or approved is covered prior thereto without the
prior written approval of PROFESSIONAL, or if any Work is covered contrary to the request of
PROFESSIONAL, the Work shall, if requested by PROFESSIONAL, be uncovered for observation, inspection,
testing or approval and replaced at CONTRACTOR's expense.
13.9. If PROFESSIONAL considers it necessary or advisable that covered Work be observed by
PROFESSIONAL or inspected or tested by others, CONTRACTOR, at PROFESSIONAL's request, shall uncover,
expose or otherwise make available for observation, inspection or testing as PROFESSIONAL may require,
that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that
such Work is defective, CONTRACTOR shall bear all direct and consequential costs of such uncovering, expo-
sure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees
and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls), and OWNER shall be
entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the
amount thereof, owner may make a claim therefor as provided in Article 11. If, however, such Work is not
found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the
Contract lime, 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 aoclaim 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 lime or other damages for a stop work order under this paragraph.
Correction or Removal of Defective Work:
13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and as
specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or
completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does
not correct.such defective Work or remove and replace such defective Work within a reasonable time,
as specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected.
All direct and indirect costs of such correction shall be paid by CONTRACTOR or deducted from
payment to CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and
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P'eb["lJ,er/ ~. 1001
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 final payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Documents, any Work or materials are found to be
defective, incomplete, or otherwise nGt in accordance with the Contract Documents, CONTRACTOR shalt
promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such
defective Work or if it has been rejected by OWNER, remove itfrom the Site and replace it with non-defective
Work. If CONTRACTOR does not promptly comply with the tenns of such instructions, OWNER may have the
defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal
and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other
PROFESSIONAls) will be paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER
(and, prior to PROFESSIONAL's recommendation of final payment, also PROFESSIONAL) prefers to accept
it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to
OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by
PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of
PROFESSIONAls, architects, attorneys and other PROFESSIONAls). If any such acceptance occurs prior to
PROFESSIONAL's recommendation of final. payment, a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an
appropriate decrease in the Contract Price, and, if the partiess are unable to agree as to the amount thereof,
OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such
recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to
proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL
in accordancewith paragraph 13. 11,or if CONTRACTOR fails to perfonn the Work in accordance with the
Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents,
OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In
exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent
necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part
of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto,
take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and
incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. <;:ONTRACTOR shall allow OWNER, OWNER's representatives,
agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights
and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such
rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by
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Febru.ry a. :QOl
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. CONTRACTOR shall not.be allowed an extension of the Contract Time
because of any delay in performance of the Work attributable to the exerdse by OWNER of OWNER's rights
and remedies hereunder.
Neglected Work by CONTRACTOR
13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents,
including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit
a recovery plan and take specific corrective actions including, but not limited to, employing additional
workmen and/or equipment, and working extended hours and additional days, all at no 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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:r.br.Jary e. 2ac!.
ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress
payments and will be incorporated into a form of application for Payment acceptable to Project Manager.
Progress payments on account of Unit Price Work will be based on the number of units completed.
Application for Progress Payment: .
14.2. At least twenty (20) calendar days before the date established for each progress payment
(but not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an
application for Payment filled out and signed by CONTRACTOR covering the work completed as of the date
of the application and accompanied by such supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the site or at another location agreed to in writing, the Application for
Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER
has received the materials and equipment free and clear of all liens and evidence that the materials and
equipment are covered by appropriate property insurance and other arrangements to protect OWNER's
interest therein, all of which will be satisfactory to OWNER. Payment is subject to a ten percent (10%)
retainage that will be held until the final payment or acceptance by OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
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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 Uens.
Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the application to OWNER,
or return the application to CONTRAcrOR 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 recommendarlon C?f 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 PROF-
ESSIONAL's review of the Application for Payment and the accompanying data and schedules, that the Work
has progressed to the point indicated; that, to the best of PROFESSIONAL's knowledge, information and
belief, the quality of the Work is in accordance with the Contract Documents subject to an evaluation of the
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t.bru.ry B, 20:::
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 ofthe amount recommended. However, by recommending any such
payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous
on-site inspections have been made. to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be
other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by
OWNER or OWNER to withhold paym.~nt 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 ~eing 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 recomme.nded, 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.
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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 CONTRACroR immediate written notice (with a
copy to PROFESSIONAL) stating the reasons for such action.
Substantial Completion:
14.8. When COr-ITRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall
notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items
specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a certificate of
Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL
shall make an inspection of the Work to determine the status of completion. If PROFESSIONAL does not con-
sider the Work substantially complete, PROFESSIONAL.will notify CONTRACTOR in writing giving the reasons
therefor. If PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will prepare and
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F.bruuy 8, 2Q01
deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial
Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected
before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to
make written objection to PROFESSIONAL as to any provisions of the certificate or attached list. If, after
considering such objections, PROFESSIONAL concludes that the Work is not substantially complete,
PROFESSIONAL will within fourteen days after submission of the tentative certificate to OWNER notify
CONTRACTOR in writing stating the reasons therefor. If, after consideration of OWNER's objections,
. PROFESSIONAL considers the Work substantially complete, PROFESSIONAL will within said fourteen days
execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or corrected) reflecting such changes from the tentative
certificate as PROFESSIONAL believes justified after consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Completion, PROFESSIONAL will deliver to OWNER and
CONTRACTOR a written recommendation as to division of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance
and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing 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 OWNER shall allow CONTRACTOR reasonable access to complete or correct items
on the tentative list.
Partial Utilization:
14.1Q. 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 a'nd 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 onhe Work, may be accomplished prior to Substantial Completion of all the Work subject to the
following:
14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be ready for its intended use and substantially complete.
If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the Work
is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that
part of the Work. CONTRACTOR at any time may notify OWNER and pROFESSIONAL in writing that
CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and
request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a
reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspec-
tion of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider that
part of the Work to be substantially complete, PROFESSIONAL will notify,OWNER and CONTRACTOR, in
writing, giving the reasons therefor. If PROFESSIONAL considers that part of (the Work to be substantially
complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial
Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.
14.10.2. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over
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hbr'Uary I!I, '001
operation of any such part of the Work although it is not substantially complete. A copy of such request will
be sent to PROFESSIONAL and, within a. reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of that part of .the Work to determine its status of completion and
PROFESSIONAL will prepare-a list of the items remaining to be completed or corrected thereon before final
payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the
Work is not ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be
completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written
recommendation as to the division of responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and
guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time
when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed
PROFESSIONAL). During such operation and prior to Substantial Completion of such part of the Work/ OWNER
shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other
related Work.
14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Bene~icial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof
is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify
CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies.
Final Application for-Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of-PROFESSIONAL
and OWNER and delivered in accordance with the Contract Documents all maintenance and operating
instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2,
certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make
application for final payment following the procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the
surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to
OWNER) of all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers
of liens and as approved by County, CONTRACTOR may furnish receipts or release in full and an affidavit of
CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which
a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with
the Work for which OWNER or OWNER's property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or supplier fails to furnish such a release or receipt in full,
. CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against
any lien.
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tebt"\.lUY IJ, 2~C:
14.12.1. No application for final payment will be accepted by OWNER until approved as-built
documents by CONTRACTOR are accepted and approved by PROFESSIONAL.
14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER
and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider,
Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of
them are or will be made. Such parties shall rely only on CONTRACfOR's surety bonds for remedy of
nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors,
indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or
supplier or material men or laborer services in connection with this project.
14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any
damages sustained, induding lost profits, resulting from CONTRACTOR's failure or refusal to perform the work
required by these contract documents.
Final Payment and Acceptance:
14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final
inspection and PROFESSIONAL's review of the final Application for Payment and accompanying
documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled,
PROFESSIONAL will, within ten (10) working days after receipt of the final Application for Payment, indicate
in writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment.
At the same time PROFESSIONAL will also! give written notice to OWNER and CONTRACTOR that the Work
is acceptable-subject to the provisions of 14.6. Otherwise, PROFESSIONAL will return the application to
CONTRACTOR, indicating in writing the reasons for refusing to recommend fi!1al payment, in which case
CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to
OWNER of the application and accompanying documentation, in appropriate form and substance and with
PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by PROFESSIONAL
will become due and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and
if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACfOR's final Application for Payment
and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of the
balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held
by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and
if bonds have been furnished as required in Article~5, the written consent of the surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR
to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute~ Neither recommendation of any progress or final payment by PROFESSIONAL,
nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR
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'.Dt'\lary 8. 2001
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 of Claims:
14.16. The making and acceptance of final payment will constitute:
14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from
unsettled liens, from defective Work appearing after final inspection pursuant to 14.11 from failure to comply
with the Contract Documents or the terms of any special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made
in writing and still unsettled.
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P'.bNU.Y a. 1001
ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
15.1. OWNER may, at anytime 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 re!;i!Jmed. 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 CONTRACfOR 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 equivefent I: r
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 fegeral or state law in effect at the time relating to bankruptcy or
insolvency; c-
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 CONTRAcrOR 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 CONTRAcrOR disregards Laws or Regulations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or
15.2.9. if CONTRAcrOR otherwise violates in any substantial way any provisions of the Contract
Documents, .
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February 8, 2001
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to
the extent permitted by Laws and Regul~tions, terminate the services of CONTRACTOR, exclude
CONTRACfOR from the site and take possession of the Work and of all CONTRACfOR'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 CONTRACfOR but which are stored
elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACfOR shall not be
entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees
and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and arbitration
costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACfOR
shall pay the difference to OWNER. Such costs incurred by OWNER will be ,approved as to reasonableness
by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or remedies under
this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed.
15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially
determined that there was no cause for termination, the termination for convenience provision will be the
means for disposition of the balance of the contract obligations.
Termination for Convenience
15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER may,
without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract.
In such case, CONTRACTOR shall be paid ,(without duplication of any items):
15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such
Work;
15.4.2. For expenses sustained prior to the effective date of termination in performing services and,
furnishing labor, materials or equipment as required by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will
not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR
from liability.
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February e. :lOC:'
CONTRACTOR May Stop Work or Terminate:
15.6. If through no act or fault of CONTRACTQR, the Work is suspended for a period of more than
ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails
to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one
days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven
working days written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not
remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER
payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudic~
to any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty
days after it is submitted, or OWNER has failed for thirty-one days after it is submitted, or OWNER has failed
for thirty-one calendar days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may
upon seven days 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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::'e.bNary S. 2001
ARTICLE 16--DISPUTE RESOLUTION
16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or
both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the
commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining
to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state
the facts surrounding the daim in sufficient detail to identify the claim, together with its character and scope.
In the meantime, CONTRACTOR sha.!! 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 daim is not given within ten (10) working days of its commencement,
the claim will be considered only for a period commencing ten (10) working days prior to the receipt by
OWNER' of notice thereof. Each decision by OWNER will be in writing and will be mailed to CONTRACTOR by
registered or certified mail, return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising
out of, or relating tO,the Contract Documents or the breach thereof shall be decided under Georgia Law in
the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to
jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest
same.
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,.br\.l..rj' s. '200:
ARTICLE l1-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
~ill 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.
Gen~ral:
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 sl!ch injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or
repose.
17.4. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees
and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all
of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are
not to be construed in any way as a limitation of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by
other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if
repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and
remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents
will survive final payment and termination" or completion of the Agreement.
"17.5. CONTRACTCR shall keep adequate records and supporting documentation applicable to this
Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of
five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right
to audit, insPect, and copy all such records and documentation as often as OWNER deems necessary during
the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall
be conducted only during normal business hours. OWNER, during this period of time, shall also have the right
to obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the
aforesaid records and supporting documentation.
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F.bruuy 8. 2001
17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia
Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if
appropriate.
17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the Owner, the
CONTRACTOR is not responding to an emergency situation in an appropriate manner, t~e Utilities Department
will undertake necessary actions to abate an overflow situation. The cost of these actions will be the
responsibility of the CONTRACTOR. __
17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted
by the" Utilities Department to assess potential mitigation measures that may be required of the
CONTRACTOR.
PROGRAM MANAGER:
17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta,
GA 30901.
The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite
representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in any
way responsible for those dl!ties that belong to OWNER and / or the CONTRACTOR or other entities, and do
not relieve the CONTRACTOR or any 9ther entity of their obligations, duties, and responsibilities, including,
but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of t;he construction work in accordance with the construction Contract
Documents and any health and safety precautions required by such construction work. "
PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control over
any construction contractor or other entity or their employees in connection with their work or any health or
safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or
safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM
MANAGER's own personnel.
The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to
" OWNER a greater degree of confidence that the completed construction work will conform generally to the
construction documents and that the integrity of the design concept as reflected in the construction
documents has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER
neither guarantees the performance of the construction contractor(s) nor assumes responsibility for
construction contractors failure to perform work in accordance with the construction documents.
For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into
the construction work, and construction contractors include manufacturers of materials incorporated into the
construction work
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SGC - 01.
SGC - 02.
SGC - 03.
SGC - 04.
SGC - 05.
SGC - 06.
SGC - 07.,
SGC - 08.
SGC -09.
SGC-IO.
SGC- II.
SGC-12.
SGC-13.
SGC-14.
SGC-15.
SGC-16.
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SUPPLEMENTAL GENERAL CONDmONS INDEX
Contractor's Liability Insurance
Special Hazards
Testing Laboratory
Surveys
Drawings
Rights-of- Way
Estimate of Quantities
Existing Structures and Utilities
Contractor's Breakdown of Lump Sum Payment Items
Prior Use by Owner
Cleaning Up
Maintenance of Traffic
Maintenance of Access
Erosion Control and Restoration of Property
Bypassing Sewage
Safety and Health Regulations
sac - I
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SGC - 01. CONTRACTOR'S LIABILITY INSURANCE:
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As indicated under Section 5.3 of the General Conditions, the Contractor's Liability
Insurance shall be in an amount no less than $100,000 for injuries, including accidental death, to anyone
person, and subject to the same limit for each person in an amount not less than $300,000 on account of
one accident, and Contractor's Property Damage Insurance in an amount not less than $100,000.
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The Contractor shall either (I) require each of his subcontractors to procure and to maintain
during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the type
and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his
subcontractors in his own policy.
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SGC - 02. SPECIAL HAZARDS:
The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall
provide adequate protection against the following special hazards:
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(a) Work within the right-of-ways of the Georgia Highway System
and the Augusta Richmond County Road System.
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(b) Work within easements granted by property owners in connection
with the construction of the project.
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(c) Work in close proximity to existing water lines, power lines, telephone
lines, gas lines, other utilities and private structures contiguous to the job site.
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SGC - 03. TESTING LABORATORY:
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All materials testing and laboratory work in connection therewith shall be paid for by
the Contractor and approved by the Engineer.
SGC - 04. SURVEYS:
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The Engineer will provide horizontal control points and benchmarks for vertical
control. The Contractors will provide surveying for construction stake-out.
SGC - 05. DRAWINGS:
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The Engineer will furnish to the Contractor all copies of drawings reasonably necessary
for the execution of the work. Location of all features of the work included in the Contract are indicated
on the Contract Drawings. The following drawings comprise the plans for this contract:
SHEET NO.
TITLE
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Cover Sheet
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2
Detailed Estimates & General Notes
3
Miscellaneous Details
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4
Line "A" - Sta. 0 + 00 to Sta. 9 + 75
5
Line "A" - Sta. 9 + 75 to Sta. 19 + 50
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SGC - 2
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6
Line "A" - Sta. 19 + 50 to Sta. 29 + 00
7
Line "A" - Sta. 29 + 00 to Sta. 38 + 50
8
Line "A" - Sta. 38 + 50 to Sta. 42 + 18
9
Skinner Road Sta. 0 + 00 to Sta. 6 + 56
10
Skinner Road Sta. 6 + 56 to Sta. 15 + 56
11
Skinner Road Sta. 15 + 56 to Sta. 21 + 24
12
Whaley Road Sta. 0 + 00 to Sta. 9 + 05.5
[3
Whaley Road Sta. 9 + 05.5 to Sta. 10 + 43
14
West Road Sta. 0 + 00 to Sta. 9 + 00
15
West Road Sta. 9 + 00 to Sta. 10 + 45
[6
Woodland Road Sta. 0 + 00 to Sta. 5 + 65
17
Tremont Way Sta. 0 + 00, to Sta. 8 + 50
18
Tremont Way Sta. 8 + 50 to Sta. 14 + 8 [
19
Line "B" Sta. 0 + 00 to Sta. 2 + 55
SGC - 06. 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 lands and rights-of-way may not
be obtained as herein contemplated before construction begins, in which event the contractor shall begin
his work upon such land and rights-of-way as the OWNER may have previously acquired and no claim for
damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights-
of-way. Should the OWNER be prevented or enjoined from proceeding with the work or from authorizing
its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to
procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert
any claim for damage by reason of said delay or to withdraw from the contract except by consent to the
OWNER; but time for completion of the work will be extended to compensate for the time lost by such
delay; such determination to be set forth in writing and approved by the OWNER.
SGC - 07. ESTIMATE OF QUANTITIES:
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The estimated quantities of work to be done and materials to be furnished under this contract
if shown in any of the documents including the bid are given only for use in comparing bids and to
indicate approximately the total amount of the contract and the right is especially reserved except as
herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary
or desirable by the OWNER to complete the work contemplated by this contract and such increase or
diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for
claims or liability for damages.
SCG - 3
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SGC - 08. EXISTING STRUCTURES AND UTILITIES:
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The existence and location of structures and underground utilities indicated on the plans are
not guaranteed and shall be investigated and verified in the field by the contractor before starting work.
The contractor shall be held responsible for any damage to and for maintenance and protection of existing
utilities and structures.
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SGC - 09. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS:
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The contractor shall, immediately after the contract has been awarded, submit to the Augusta
Utilities Department Director for his approval, a breakdown showing estimates of all costs apportioned to
the major elements of equipmeht, 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.
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SGC - 10. PRIOR USE BY OWNER:
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Prior to completion of the work, the OWNER (by agreement with the Contractor) may take
over the operation and/or use of the incomplete project of 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. .
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SGC - 11. CLEANING UP:
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The Contractor shall keep the premises free from the accumulation of waste material and
rubbish and upon completion of the work, prior to final acceptance of the completed project by the
OWNER. he shall remove from .the premises all rubbish, surplus materials, implements, tools, etc., and
leave his work in a clean condition, satisfactory to the Augusta Utilities Department Director.
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SGC - 12. MAINTENANCE OF TRAFFIC:
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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 such other time as the agency having jurisdiction may
specify, without written permission from such agency. Before leaving the work each night, it shall be
placed in such condition as to cause the least possible hazard therefrom. Should the contractor fail to
comply with the provisions of this paragraph, the Owner may, with his own forces, provide signs,
flagmen, barricades and/or lanterns, to reduce or eliminate hazards, construct substitute passageways or
clear the pavement and deduct the cost thereof from sums due to the contractor.
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SGC - 13. MAINTENANCE OF ACCESS:
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The Contractor will be required to maintain access to business establishments during all
times they are open for business, to church~s, schools and other institutions during the time they are open
and to all residential and other occupied buildings or facilities at all times. Bridges across open trenches
and work areas 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 this operations so as to minimize the time that direct entrance is blocked.
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SCG - 4
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SGC - 14. EROSION CONTROL AND RESTORATION OF PROPERTY:
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The Contractor will be required to schedule his work and perform operations in such a
manner that siltation and bank erosion wilI 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.
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SGC -15. BYPASSING SEWAGE:
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The Contractor will be required to schedule and coordinate construction sequences and.
operations 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.
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SGC - 16. SAFETY AND REALm REGULATIONS:
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The Contractor shall comply with the Department of Labor Safety and Health Regulations
for construction promulgated under the Occupational and Health Act of 1970 and under Section 107 of
the Contract Work Hours and Safety Standards Act.
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sca - 5
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TECHNICAL SPECIFICATIONS
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A - TRENCH EXCA VA TION AND BACKFILL
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TS-Ol. SCOPE:
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Furnish all material, equipment, and labor required to excavate and backfill the trench for the
installation of water, sanitary sewer, and stonn drainage pipelines as specified, as shown on
the Plans, and as directed by the Engineer.
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TS-02. EXISTING IMPROVEMENTS:
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Streets, sidewalks, driveways, power/cable/telephone lines, gas lines, water lines, sewers, storm
drains and other existing improvements shall be maintained and protected from damage. Any
aerial, surface or subsurface improvements damaged during the course of the work shall be
repaired to the satisfaction of the Engineer. Satisfactory provisions shall be made for the
maintenance of traffic on streets, driveways, and walkways. Only flagmen certified in accordance
with State standards shall be used for maintaince of traffic.
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Prior to any excavation, the Contractor shall notify all utilities and utility locating services to
provide locations for buried utilities. The Contractor shall obtain all necessary permits (grading,
building, water, sewer, encroachment, etc.) prior to beginning work.
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TS-03. TREE PROTECTION:
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Care shall be exercised to protect trees to be left standing. Within the branch spread of such
trees, all trenching shall be perfonned with extra care. The trench shall be opened when the work
can be installed immediately. Injured roots shall be pruned cleanly and backfill placed as soon
as possible.
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TS-04. EXCAVATION:
Trench excavations shall be made by the open cut method to the depths indicated on the drawings
or as otherwise specified. All excavated materials not suitable for backfill shall be wasted on site
or removed from the site as directed.
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The excavated trench shall be at least 12 inches wider but not more than 16 inches wider than the
outside diameter of the pipe being installed. The trench shall be excavated true to line to provide
6 inches to 8 inches clearance on each side of the pipe. The bottom of the trench shall be accurately
graded to provide unifonn bearing and support along the pipe barrel. Bell holes shall be excavated
to allow sufficient space to make the joint and to insure that the pipe will rest evenly on the bottom
of the trench. Bell hole dimensions shall be as recommended by the pipe manufacturer. Excavations
for structures and other accessories shall be sufficient to provide at least 12 inches clearance between
the structure and the trench wail.
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Ifrock is encountered, the trench shall be excavated to a minimum depth 6 inches below the pipe.
The trench shall then be backfilled with select material, compacted in place, to the depth required
for pipe installation. Wet or other unsuitable material encountered in the trench bottom shall be
removed to a depth required to gain sufficient bearing strength as directed by the Engineer. The
trench shall then be backfilled with select material, compacted in place, to the depth required for
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TS - 1
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pipe installation. If rock or other unsuitable material is encountered in the excavation for structures,
the excavated area below the structure shall be backfilled with stone or concrete as directed by
the Engineer.
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All existing structures, streets, and foundations which are not to be removed or relocated shall be
adequately protected or replaced by the Contractor without cost to the Owner. Special care shall be
taken to protect all existing utilities, including water pipes, sewer pipes, gas pipes, other pipes/cables/
conduits, fire hydrants, valves, electrical poles, and others, from damage and/or undermining during
excavation and installation.
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TS-05. STOCKPILING EXCA V A TED MA TERlAL:
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Material excavated from the trench that.is suitable for backfill shall be stockpiled a safe distance
away from the excavation to allow room for adequate angle of repose and to protect the excavation.
No material may be placed within three feet of the nearest edge of the trench. Material unsuitable
for backfilling, as determined by the Engineer, shall be wasted on site or removed from the site and
disposed of by the Contractor, as approved by the Engineer.
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TS-06. SHORING AND SHEETING:
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All shoring, sheeting, and bracing required to perform and protect the excavation and to safeguard
employees and the public shall be performed. Whenever sheeting is driven to depth below the
elevation of the top of the pipe, that portion of the sheeting below the elevation for the top of the
pipe shall not be disturbed or removed. Sheeting left in place shall be cut off not less than I foot
below finished grade. No sheeting shall be removed until the excavation is substantially backfilled
as hereinafter specified.
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TS-07. DEWATERING:
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The Contractor shall be required to control groundwater and prevent the accumulation of water
within excavations. Well pointing, pumping, or other methods shall be as approved by the Engineer.
The Contractor shall also control surface water runoff to prevent the accumulation of water in
excavated trenches. Water shall not be allowed to rise in open excavations after pipe or structures
have been placed. No work shall be performed within the trench until the Contractor demonstrates
that groundwater and surface water runoff is controlled. Ifwater accumulates within an excavation,
the Contractor will be required to remove the water and saturated materials and backfill with
approved material. Water removed from excavations shall be discharged at points where it will
not damage adjacent property or facilities.
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TS-OS. BLASTING:
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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 property, persons, or facilities. The Contractor shall assume full liability for any damage
that may occur during the use of explosives. No blast shall be set offwithin fifty (50) feet of existing
pipe or pipe already installed in the trench.
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TS-09. BACKFILLING:
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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 then be carefully backfilled with
approved excavated materials or other material approved by the Engineer. Backfill shall not contain
organic material, blasted rock, broken concrete or pavement, construction debris, frozen earth, etc.
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TS-2
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For backfill up to a level I foot over the top of pressure pipelines and 2 feet above the top of gravity
pipelines, only selected materials shall be used. Select materials shall be finely divided material free
from debris, organic material and rock, 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 to 95% standard proctor compaction. 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 as shown on the drawings. 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. All compaction shall
be verified by nuclear density gauge on a random basis as specified by the Engineer in the field.
Compaction tests shall be paid for by the Contractor.
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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 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.
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TS-IO. PAVEMENT REPLACEMENT:
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The Contractor shall replace or repair all road/street/highway pavement and sidewalks that are
damaged by this construction as specified herein.
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Pavement.repairs shall be made as shown on the drawings. Concrete driveways and sidewalks shall
be replaced with 4" thick concrete (3000 psi) for sidewalks and 6" thick concrete (3000 psi) for
driveways.
TS-ll. PROPERTY RESTORATION:
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The Contractor shall restore aHproperty and facilities to a condition equal to or better than the
condition found prior to beginning construction. Such restoration shall include but not be limited to
regrassing with seed or sod, replacing trees/shrubs/flowers, replacing pavement, replacing sidewalks!
driveways, and replacing fences.
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TS - 3
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B - SANITARY SEWER SYSTEM
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TS-Ol. SCOPE:
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This section covers the construction of sanitary sewers and appurtenant structures, complete.
TS-02. PERMITS AND CODES:
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It is the intent of this section of the specifications that the Contractor's bid on the work covered
herein be based upon the drawings and specifications and with all applicable codes and regulations as
amended. Notwithstanding any provision of the general conditions, there shall be no substitution of
materials that are not determined to be equivalent to those indicated or required in the contract
documents without an amendment to the contract.
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TS-03. TRENCI-UNG AND BACKFILLING:
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Trenching and backfilling is specified under section entitled "Excavating, Trenching and Backfilling
for Pipe Lines".
TS-04. SEWER MATERIALS:
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I. SEWER PIPES: Except as otherwise shown on the drawings, pipe for sanitary
sewers shall be ductile iron pipe (DIP), or polyvinyl chloride (PVC) pipe. Pipe
materials shall conform to the following requirements:
A. Ductile Iron: Ductile iron pipe and fittings will be used where indicated on
the drawings and will conform .with the following specifications:
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(I) Ductile iron pipe shall be designed in accordance with A WE
C ISO/ANSI A21.50 and shall be Class 350 for pipes 12" and smaller.
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(2) Ductile iron pipe shall be epoxy-lined and shall conform to A WE
CI51/ANSI A21.51 (latest revision).
(3) The class or nominal thickness, net weight without lining and name of
manufacturer shall be clearly marked on each length of pipe. The leners
"D1" or "Ductile" shall be cast or stamped on the pipe.
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B. Polyvinyl Chloride (PYC) Sewer Pipe: Polyvinyl Chloride (PYC) sewer pipe
shall be manufactured from virgin resin and shall conform to the requirements of
ASTM 0-3034 with minimum classification ofSOR-35 pipe. Provisions shall be made for
contraction and expansion at each joint with a rubber ring. The bell shall consist of an
integral wall section stiffened with two PYC retainer rings which securely lock the soil cross
section rubber rings into position. Standard lengths shall be 20 feet and 12.5 deflection shall be
46 for all sizes when tested in accordance with ASTM Specification 0-2412, "External Loading
Properties of Plastic Pipe by Parallel~Plate Loading".
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2. JOINTS: Joints for Pye pipe shall be in accordance with ASTM 0-2855. Direct joints between
different types of sewer pipe shall be made using special transition fittings made for the types of pipe
involved. In cases where such fittings are not available, the connection will be made using
oakum and burlap packed tightly and grout sealed, as directed by the Engineer.
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3. FITTINGS: All fittings shall be of the same quality and material as the pipe to be used. Pipe
classes shall be determined based upon the installation and the use intended.
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4. MANHOLES: The Contractor shall furnish all materials and shall construct all the manholes
required as a part of this contract, including the frames, covers and steps. Manholes shall conform
in shape, size, dimensions, materials, and other respects to the details indicated on the drawings, or as
ordered by the Engineer.
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Manholes shall have poured in place 3000 psi (28 day) concrete bases.
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5. PRECAST CONCRETE SECTIONS: At the Contractor's option, precast reinforced concrete
manholes may be used. If used, precast manholes shall conform to the ASTM Specification C-478,
"Specifications for Precast Reinforced Concrete Manhole Risers, Bases and Tops", with the
following exceptions and additional requirements:
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A. Type II cement shall be used except as otherwise approved.
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B. Sections shall be steam cured and shall not be shipped until at least five days
after having been cast.
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C. Minimum wall thickness shall be five inches conforming to AS,TM C-478.
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D. Acceptance of the sections will be on the basis of material tests and inspection of the
completed product.
E. No more than two lifts holes may be cast or drilled in each section.
F. The date of manufacture and the name or trademark of manufacturer shall be
clearly marked on the inside of the barrel.
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G. If precast bases are used, manufacturer shall provide to the Engineer, calculations
showing that the precast base as submitted will meet or exceed the weight required
to overcome buoyancy forces compared to the cast-in-place bases as detailed on the drawings.
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H. All holes for incoming and outgoing pipe will, whenever possible, be precast, with pipe tie-in
made using PS I 0 flexible gasket, manufactured by PressSeal Gasket Corporation, or approved
equal. In the event of the necessity of cutting new holes, the holes shall be machined cored
neatly and carefully so as not to damage the structural integrity of the manhole and large enough
to allow the insertion of a flexible rubber boot. Precast holes shall be flexible boot fitted.
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I. Barrel joints shall be tongue and groove with preformed plastic meeting the requirements of
Federal Specifications SS-S-0021 0, "Sealing Compound, Preformed Plastic Pipe Joints" Type I,
rope form, also known "Ram Neck". Eccentric manholes cones are required. Inverts shall be
constructed of3,OOO psi plant mix.
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1. Where corrosive conditions due to septicity or other causes is anticipated, consideration
shall be given to providing corrosion protection on the interior of the manholes. . .
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K. The minimum diameter of manholes shall be 48 inches; larger diameters are
required for large diameter sewers. A minimum access diameter of22 1/4 inches shall be
provided.
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L. Outside drop manholes shall be precast and constructed for incoming lines
having invert 24 inches or more above the invert of the manhole outlet, with DIP and tie rods per
TS - 5
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Augusta Utilities Standard Detail No. 13.08. Shallow manholes shall be precast or Type B slab
top precast and shall be constnicted in accordance with ASTM C-478.
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M. Drop manholes should be constructed with an outside drop connection. Inside drop
connection (when necessary) shall be secure to the interior wall of the manhole and provide
access for cleaning. Inside drop connections shall be used only when approved by the Utilities
Department Engineering Division.
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No" Due to the unequal earth pressure that may result from the backfilling operation in the
vicinity of the manhole, the entire outside drop connection shall be encased in concrete.
6. CONCRETE BLOCK: Concrete block shall be sound, hard, regular and uniform in shape and
size, and satisfactory to the Engineer. Concrete block shall conform to ASTM Specification C-139.
Rejected concrete block shall be removed from the work promptly.
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7. MORTAR FOR BRICK AND CONCRETE BLOCK WORK: The mortar shall be composed of
portland cement, hydrated lime, and sand in which volume of sand shall not exceed three times the
sum ofthe volumes of cement and lime. The proportions of cement and lime shall be as directed and
may vary from I: 1/4 for dense, hard burned brick to 1:3/4 for softer brick. In general, mortar of
Grade SA brick shall be mixed in the proportion of I : 1/2: 4: 1/2.
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Cement shall be Type II Portland Cement conforming to ASTM Specification C 150 and used with an
approved air entraining additive.
Hydrated lime shall be Type "s" conforming to the ASTM Specification C-207, "Standard
Specification for Hydrated Lime for Masonry Purposes", latest revision.
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The sand shall consist of natural sand, manufactured sand, or a combination thereof, conforming to
ASTM Specification C33.
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8. FRAMES AND COVERS: The castings for the manhole frames and covers shall be of good
quality, strong, tough, even-grained, soft cast or ductile iron, smooth, free from scale, lumps,
blisters, sandholes, and defects of every nature which would render them unfit for the service for
which they are intended.
All castings shall be thoroughly cleaned and subject to careful hammer inspection.
Ring and cover shall conform to USF-170 or approved equal.
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Before being shipped from the foundry, castings shall be given two coats of coal tar pitch varnish,
applied in a satisfactory manner so as to make smooth coating, touch tenacious, and not brittle or with
any tendency to scale off. Tops arid gratings weighing less than 100 pounds shall have an approved
locking device. ..
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9. MANHOLE STEPS: Unless otherwise indicated, manhole steps shall be copolymer polypropylene
plastic, reinforced with 1/2" Grade 60 reinforcement. The steps shall be capable of resisting pullout
forces of over 1500 pounds and impact of up to 300 foot pounds with only minor deflection and no
cracking. They shall be provided with serrated tread and tall end lugs to prevent slippage forward,
backward or sideways.
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TS-05. INSTALLATION:
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I. SEWER PlPE LAYING: The pipe shall be laid with bell or groove end upgrade. Pipe shall be
tested for soundness, clear interior and satisfactory joint surfaces before lowering the pipe into the
trench. Pipe shall be laid in straIght lines and on uniform gradeS between points where changes in
alignment or grade are shown. The pipe barrel shall be uniformly bedded. The line and invert grade
of each pipe shall be checked from a top line carried on batter boards not over 25 feet apart or by use
of a laser beam and target inserted in each joint. Pipes shall be laid to form a smooth, uniform
invert. A stopper shall be installed in the pipe mouth when pipe laying is not in progress.
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PVC gravity sewer pipe and force main shall be installed in accordance to ASTM 0-2321, latest
revision. Ductile iron force main shall be installed in accordance with A WW A C-600, latest revision.
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2. BACKFILLING AROUND PIPE: As soon as the joint material has set, fine earth shall be
carefully tamped around each joint, and around and over the pipe to a depth of at least 2 feet above
the top of gravity pipelines. In addition, all PVC sewer pipe shall be bedded in selected material from
the pipe centerline down to a point one-fourth of the pipe diameter below the pipe invert. Selected
materials for this purpose shall be Class I or II soils as specified in ASTM 0-2321.
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3. SEWER STRUCTURES: Appurtenant sewer structures shall be constructed according to one or
more of the following methods:
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A. Masonry: Brick for manholes and other sewer structures shall be laid with shove joints
completely filled with mortar. Horizontal joints shall not exceed 2 inches, vertical joints 3 inches
on their interior face. In circular structures, all brick shall be laid as header with joints broken
between courses. Interior joints shall be struck or wiped smooth with the face of the wall. The
interior of sanitary sewer manholes shall be plastered to a thickness of at least 2 inches.
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B. Laying Brick and Concrete Block Work: Only clean brick or block shall be used. The brick
or block shall be moistened by suitable means, as directed, until they are neither so dry as to
absorb water from the mortar, nor so wet as to be slippery when laid.
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Each brick or block shall be laid in a full bed and joint of mortar without repairing subsequent
grouting, flushing, or filling, and shall be thoroughly bonded as directed.
C. Plastering and Curing Brick or Block Masonry: Outside faces of masonry shall be plastered
with mortar from 1/4 inch to 3/8 inch thick. If required, the masonry shall be properly moistened
prior to application of the mortar. The plastershall be carefully checked by being taped for bond
and soundness. Unbonded or unsound plaster shall be removed and replaced.
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Masonry and plaster shall be protected from too rapid drying by the use of burlap kept moist, or
by other approved means, and shall be protected from the weather and frost, all as required.
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D. Manhole Inverts: Manhole flow channels shall be constructed of concrete, sewer pipe, brick
or precast and shall be of semicircular section. Each manhole shall be provided with such
channels for all connecting sewers.
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The inverts shall conform accurately to the size of the adjoining pipes. Side inverts shall be
curved and main inverts (where direction changes) shall be laid out in smooth curves of the
longest possible radius which is tangent to the centerlines of adjoining sewers.
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E. Drop Manholes: Drop inlets shall be provided into manholes on sanitary sewers for incoming
lines having inverts 2 feet or more above the inverts of the manhole outlet lines. Drop pipe and
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fittings shall be encased in masonry integral with the manhole and extending from the manhole
base to the top of the incoming sewer. Diameter of drop manholes to be four feet at a minimum.
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F. Setting Manhole Frames and Covers: Manhole frames shall be set with the tops
conforming accurately to the grade of the pavement or finished concentric with the top of the
masonry and in a full bed of mortar so that the space between the top of the manhole masonry
and the bottom flange of the frame shall be completely filled and made watertight. A thick ring
of mortar extending to the outer edge ofthe masonry shall be placed all around the bottom
flange. The mortar shall be smoothly finished to be flush with the top of the flange and have a
slight slope to shed water away from the frame.
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Manhole covers shall be left in place in the frames on completion of other work at the manholes.
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G. Setting Precast Manhole Sections: Precast-reinforced concrete manhole sections shall be set
so as to be vertical and with sections and steps in true alignment.
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All holes in sectio~s, used for their handling, shall be thoroughly plugged with mortar. The
mortar shall be one part cement to 1 1/2 parts sand; mixed slightly damp to the touch until it is
dense and an excess of paste appears on the surface; and then finished smooth and flush with
adjoining surfaces.
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4. BULKHEADS AND FLUSHING: The Contractor shall build a tight bulkhead in the pipeline
where new work enters an existing sewer. The bulkhead shall remain in place until its removal is
authorized by the Engineer.
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Care shall be taken to prevent earth, water and other materials from entering the pipe, and when pipe
laying operations are suspended, the Contractor shall maintain a suitable stopper in the end of the
pipe and also at openings for manholes. All sanitary sewer, except building connections shall be
flushed with water in sufficient volume to obtain free flow through each line. All obstructions shall
be removed and all defects corrected. As soon as possible after the pipe and manholes are completed
on any line, the Contractor shall flush out the pipeline using a rubber ball ahead of the water. None
of the flushing water or debris shall be permitted to enter any existing sewer.
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5. TEMPORARY PLUGS: At all times when pipe laying is not actually in progress, the open ends
of the pipe shall be closed by temporary watertight plugs or by other approved means. If water is in
the trench when work is resumed, the plug shall not be removed until all danger of water entering has
passed.
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6. JOINTS AND STRUCTURE RIGHTNESS: All pipe joints shall be made as nearly watertight as
practicable. There shall be no visible leakage at the joit1ts and there shall be no sand, silt, clay, or soil
of any description entering the pipelines at the joints.
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Leaks in the pipelines which cause infiltration or exfiltration to exceed limits herein specified shall be
repaired by replacing defective pipe. . Grouting and/or caulking to repair pipelines where excessive
infiltration or exfiltration is evident will not be permitted.
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7. FITTINGS AND STOPPERS: Branches and fittings shall be laid by the Contractor as indicated
on the drawings and/or as directed by the Engineer. Open ends of pipe and branches shall be closed
. with pureblooded gasket joint stoppers which conform with the same requirements as pipe being used.
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8. SEWER LINE RELA nON TO WATER MAINS: Sewer lines and sewer force mains in relations
to water lines shall conform to "Ten States Standards" Section 29.3 at a minimum. Sewer lines shall
have at least a 10 foot pipe-to-pipe horizontal separation from known or proposed water mains. When
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a sewer crosses under a water main, there shall be at least 18 inches from the crown of the sewer line
to the bottom of the water main.
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In all cases where adequate vertical separation as stated above cannot be achieved (or whenever sewer
lines must be installed to cross abOve a water main), both the water and sewer lines shall be
constructed of ductile iron pipe a distance of 10 feet on each side of their intersection with one full
length of water main centered on the sewer line.
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9. MINIMUM COVER FOR SEWER LINES: Gravity sewer lines shall have a minimum of three
feet of cover at the crown of the pipe. In cases where this minimum cover cannot be achieved, ductile
iron pipe shall be used.
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10. DETECT ABLE TAPE: Detectable tape as manufactured by Reef Industries of Houston, Texas,
or equal shall be installed during the backfi II operation at a point one (I) foot below the final
finished grade.
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The detectable tape shall be a 5.5 mil. composition film containing one layer of meta Ii zed foil
laminated between two layers of inert plastic film specifically formulated for prolonged use
underground. The tape shall be highly resistant to alkalis, acids and other destructive agents found in
the soil.
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The detectable tape shall bear a continuous printed message "Caution Sanitary Sewer Line Buried
Below". The message shall be printed in permanent ink formulated for prolonged use underground.
Letters shall be clearly legible and have a minimum height of 1.2 inches.
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II. BORING AND JACKING: Where required by the drawings, the sanitary sewer line will be
installed in a steel casing, placed by boring and jacking.
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Where boring is required under highways, the materials and workmanship will be in accordance with
the standards of the State Highway Department or local authority.
Boring and jacking under railroads will be governed by the latest A.R.E.A. Standards, Part 5,
"Pipelines" and those of the railroad involved.
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A. Casing Pipe: The casing pipe shall conform to the materials standards of ASTM Designation
A-252, with minimum wall thickness of 0.219 inch. Steel pipe will have minimum yield
strength of 35,000 psi. Casing pipe shall be joined together with welded joints.
B. Carrier Pipe: The Carrier pipe shall be ductile iron as specified herein.
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C. Installation: The steel casing shall be installed by the "Dry Bore and Jack" method. Ifvoids
develop or if the bored hole diameter is greater than the outside diameter of pipe by more than
approximately one (I) inch, remedial measures will be taken as approved by the Engineer.
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When installing water lines through casing, Contractor shall use mechanical joint pipe with
retainer glands throughout length of casing. The sanitary sewer line shall be strapped to 8 foot
long treated wooden skids with metal straps throughout length of casing. The ends of the casing
shall be sealed with brick and mortar. '
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12. REMOVAL AND REPLACEMENT OF EXISTING PIPE AND EQUIPMENT: 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.
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TS-06. INSPECTION INFlL TRA TlONIEXFIL TRA TlON LEAKAGE TESTS:
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Upon completion ofa section of the sewer, the Contractor shall dewater it and conduct a satisfactory .
test to measure the infiltration or exfiltration for at least three consecutive days. The amount of
infiltration including "Y" branches, and connections shall not exceed I 00 gallons per inch diameter
per mile of sewer per 24 hours for gravity sewer pipe. The amount of 50 gallons per inch diameter
per mile of sewer per 24 hours shall not be exceeded for ductile iron pipe. The Contractor shall be
responsible for the satisfactory watertightness of the entire section of sewer.
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As required, suitable bulkheads shall be installed to permit the test of the sewer.
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Where the ground water level is less than I foot above the top of the pipe at its upper end, or as
directed by the Engineer, the sewer shall be subjected to exfiltration testing by plugging the pipe at
the lower end and then filling the pipelines and manholes with clean water to a height 4 feet above
the top of the sewer at its upper end. The leakage out of the sewer, measured by the volume ofthe
water necessary to maintain meter level in the highest manhole, shall not exceed 200 gallons per inch
diameter per 24 hours per mile of sewer for gravity sewer pipe. The amount of 50'gallons per inch
diameter per 24 hours per mile of sewer shall not exceed for ductile iron pipe.
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The'sewer shall be tested before any connections are made to building or to active sewer.
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The Contractor shall construct such weirs and bulkheads as many be required, shall furnish all water,
labor, test plugs, power, pumps, meters, and other equipment necessary for the test to be properly
made.
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The Contractor may use a low pressure air test as an option to the hydraulic infiltrationlexfiltration
leakage test for gravity lines provided the Contractor establishes a correlation between the air test
results and the quantity of infiltration/exfiltration actually being experienced by the line and the
allowable air pressure drop shall be that corresponding to the allowable hydraulic leakage specified ,
previously in this section. Such a correlation is to be established according to a procedure satisfactory
to the Engineer. The low pressure air test shall be performed in accordance with the applicable
sections of ASTM C-828 latest revision
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If the Contractor opts to use the low pressure air test, leakage tests on manholes shall be conducted
independently of the lines by using a hydraulic infiltrationJexfiltration test as directed by the
Engineer. The allowable infiltration into the manhole over a 24 hour period is zero and the allowable
exfiltration ,is also zero when tested by plugging off the manhole and filling it with water four feet
above the tope of the sewer and measuring the water loss over a 24 hour period.
TS-07. MEASUREMENT AND PAYMENT:
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Measurement of pipelines shall be the actual number offeet of pipe installed, complete in place and
accepted. No deductions in length will be made for manholes.
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Measurement of manholes will be the vertical dimension to the nearest tenth of a foot from the invert
of the outlet pipe to the top of the manhole cover ring casting.
Unless otherwise provided for in the special conditions of the contract, payment shall be made on the
following basis:
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1. Pipelines shall be paid for, at the unit contract price for every pipe size, type, and depth range
as shown.on the Contractor's construction drawings.
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2. Manholes will be paid for at the contract price, each, for the depth ranges shown on the bid
schedule. Drops will be paid for at the contract price, each for drops in manholes.
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3. Concrete encasement will bepaid for at the contact unit price, per foot, for the actual
length of pipeline encased.
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4. Boring and jacking will be paid for at the contract price, lump sum, for installation of
casing and carrier pipe as shown on the details. . Limit of carrier pipe shall be as shown
on the details. Price will provide all compensation for a completed installation including
sand bedding of the carrier pipe.
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5. No separate payment will be made for any special fittings, tie-ins, connections,
denaturing, soil erosion protection, or site restoration, nor will any separate payment be
made for special bedding of PYC sewer pipe.
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TS - II'
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