HomeMy WebLinkAboutBLAIR CONSTRUCTION FAIRINGTON SUBDIVISION WATER MAIN
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AND
CONTRACT DOCUMENTS
BETWEEN
AUGUSTA, GEORGIA
BLAIR CONSTRUCTION, INC.
Bid Item #07-168
FAIRINGTON SUBDIVISION
12" WA TER MAIN
PROJECT NO. 10208
Prepared by:
Southern Partners, Inc.
1233 Augusta West Parkway
Atlanta, Georgia, 30309
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FOR
CONTRACT DOCUMENTS AND SPECIFICATIONS
FAIRINGTON SUBDIVISION
12" WATER MAIN
Augusta, Georgia
Augusta-Richmond County Commission
The Honorable David S. Copenhaver
Mayor
Betty Beard
Marion Williams
Joe Bowles
Bernard Harper
Calvin Holland
Andy Cheek
Jerry Brigham
Jimmy Smith
J. R. Hatney
Don Grantham
Max Hicks
Director, Augusta Utilities Department
Augusta Utilities Department
360 Bay Street
Suite 180
Augusta, Georgia
Project Date: August 28,2007
Contractor has by written agreement dated
, entered into a contract
Bond No. 929428 614
PERFORMANCE BOND
Conforms with The American Institute of Architects
A.I.A. document No. A-311
KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and, Western Surety Company, CNA Plaza, Chicaqo, Illinois 60685
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St,
Room 605, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Three Hundred Twenty Two Thousand Three Hundred Eighty One
and 36/100 - -- - - - - -- - - -- - -- - - -- - -- - - - - - - - - - - - - - -- -- - - - - - - -- - - -- - Dollars ($ 322,381,36 ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, 'successors and assigns, jointly
and severally, firmly by these presents,
WHEREAS,
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract
S-1219/GEEF 10/99 Page 1 of 2
J /,.'"1"", I'
CIS by GA resident agent /_ cJJ~ I..>' .. id~,_.L!.. L..'"'Z-{,A..--1/........
----
PERFORMANCE BOND
929428614
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be
in default under the Contract, the Owner having performed
Owner's obligations thereunder, the Surety may promptly remedy
the default, or shall promptly
1) Complete the Contract in accordance with its terms and
conditions, or
2) Obtain a bid or bids for completing the Contract in accordance
with its termS and conditions, and upon determination by Surety of
the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even though there
should be a default or a succession of defaults under the
Signed and sealed this
?--e-
day of
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(Witness)
/!~ A -0 ,~~LL-c /
(Witness)
S-1219/GEEF 10/99
Page 2 of 2
contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth
in the first paragraph hereof. The term "balance of the contract
price," as used in this paragraph, shall mean the total amount
payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to
Contractor.
Any suit under this bond must be instituted before the
expiration of two (2) years from the date on which final payment
under the Contract falls due,
No right of action shall accrue on this bond to or for the use of
any person or corporation other than the Owner named herein or the
heirs, executors, administrators or successors of the Owner.
Blair Construction, Inc., PO Box 770, Evans, ,
Georgia 30809
(Seal)
(Principal)
~~
v.::G.e.- -:Ores/de-+-
(Title)
Western Surety Company, CNA Plaza, Chicago,
Illinois 60685
(Seal)
(Surety)
Z3~I.:~
Buck Leigh, Attor -in-Fact
(Titl~)
LABOR AND MATERIAL PAYMENT BOND
Conforms with The American Institute of Architects
A,I.A Document No. A-311
Bond No. 929428 614
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and, Western Surety Company, CNA Plaza, ChicaQo, Illinois 60685
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and fillllJy bound unto Augusta-Richmond County Commission, 530 Greene St,
Room 605, Augusta, GA 30911 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Three Hundred
Twenty Two Thousand Three Hundred Eighty One and 36/100 - - - - - - - - - - - - - _ _ _ Dollars ($ 322,381,36 _),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents,
WHEREAS,
Principal has by written agreement dated
entered into a contract
with Owner for Fairington Subdivision 12" Water Main, City of Augusta, GA
(Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Arcllitect)
which contract is by reference made a pmt hereof and is hereinafter referred to as the Contract
,.1220/GEEF 10/99
Page 1 of 2
LABOR AND MATERIAL PAYMENT BOND
929428 614
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter
defined, for all labor and material used or reasonably_ required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall
remain in full force and effect, subject, however, to the following conditions:
I, A claimant is defined as one having a direct contract with the
Principal or with a Subcontractor of the Principal for labor, material, or
both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein defined, who
has not been paid in full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's work or labor was
done or performed, or materials were fumished by such claimant, may sue
on this bond for the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due claimant, and have
execution thereon, The Owner shall not be liable for the payment of any
costs or expenses of any such suit
3, No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the
Principal, the Owner, or the Surety above named, within ninety (90) days
after such claimant did or performed the last of the work or labor, or
fumished the last of the materials for which said claim is made, stating
with substantial accuracy the amount claimed and the name of the party to
whom the materials
Signed and sealed this
~-&-
day of
---=o~~-
, 2..==> '/ '
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~~~ _---::L>~
(Witness)
/7tlAAtf ~O~
(Witness)
S-1220/GEEF 10/99
Page 2 of 2
were furnished, or for whom the work or labor was done or performed,
Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for
the transaction of business, or served in any manner in which legal process
may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
b) After the expiration of one (1) year following the date on which Principal
ceased Work on said Contract, it being understood, however, that if any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof such limitation shall be deemed to be amended so as to
be equal to the minimum period of limitation permitted by such law,
c) Other than in a state court of competent jurisdiction in and for the county
or other political subdivision of the state in which the Project, or any part
thereof, is situated, or in the United States District Court for the district in
which the Project, or any part thereof, is situated, and not elsewhere,
4, The amount of this bond shall be reduced by and to the extent of
any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount of such lien be
presented under and against this bond,
i.'
Blair Construction, Inc., PO Box nO,Evans,:
Georgia 30809
(Seal)
(Pri.ncipal)
LJi:?3i!ft;;;:--Qv
(Title)
Western Surety Company, CNA Plaza, Chicago,
Illinois 60685 >
(Seal)
(Surety)
(Title)
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Thomas M Albus, Buck Leigh, Individually
of Columbia, SC, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and. on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts _
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the Corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and it~ COrporate seal to
be hereto affixed on this 23rd day of March, 2006.
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WESTERN SURETY COMPANY
State of South Dakota
County of Minnehaha
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November 30, 2006
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: ~KRELL :
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f~NOTAAY PUBI.IC~f
.r~SOUTH DAKOTA~.t
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On this 23rd day of March, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such Corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said Corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
CERTIFICA TE
I, 1. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof r have hereunto subscribed
my name and affixed the seal of the said corporation this f? ~ day of ~e.t::e_be..- . aoo7 .
u1lIEr~I~
.............. (i: ~
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WESTERN SURETY COMPANY
Fonn F4280-01-02
g, ~~'~~reWry
ate: 12/3/2007 Time: 4:48 PM
A CORtt
To: Blair @ 9,17068681855
Page: 002-003
OA TE (MMlDOIYYYY)
12/03/2007
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER (770) 246-8300 FAX (770) 246-8301
Sutter, McLellan & Gilbreath, Inc.
1424 North Brown Road
Suite 300
Lawrenceville, GA 30043-8107
INSURED Blair Construction, Inc.
Southern Asphalt
P.O. Box 770
Evans, GA 30809
INSURERS AFFORDING COVERAGE
INSURERA National Trust Insurance
INSURER B: FCCI Insurance CO.
INSURER c:
INSURER D:
INSURER E:
NAIC#
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR -m~~ TYPE OF INSURANCE POLICY NUMBER PgkW~'X6g~ Pg~fl ~~tb~~N LIMrrs
Lm
GENERAL LIABILITY CPPOO04476 02/14/2007 02/14/2008 EACH OCCURRENCE $ 1,000,000
7 COMMERCIAL GENERAL LIABILITY ~~~~JO RENTED $ 50,000
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,000
A PERSONAl. & f>DV INJURY $ 1 000,000
-
GENERAL AGGREGATE $ 2,000,000
-
GEN'L AGGREGATE L1Mrr APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000
I POLICY m j~8T n LOC
AUTOMOBILE LIABILITY CA 0005458 02/14/2007 02/14/2008 COMBINED SINGLE LIMIT
X ANY AUTO $
(Ea accident) 1,000,000
f--
ALL OWNED AUTOS BODILY INJURY
f-- $
SCHEDULED AUTOS (Per person)
A 7
HIRED AUTOS BODILY INJURY
ex $
NON-OWNED AUTOS (Per aCCident)
f---
PROPERTY DAMAGE $
(Per aCCident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY' AGG $
EXCESSfUMBRELLA LIABILITY UMBOO02841 02/14/2007 02/14/2008 EACH OCCURRENCE $ 5,000,000
~ OCCUR o CLAIMS MADE AGGREGATE $ 5;000,000
B $ ,
=1 DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND 010-WC06A-54981 02/14/2007 02/14/2008 X I ~5yS;rf.:1Ns I IOdlt
EMPLOYERS' LIABILITY OFFICERS INCLUDED 1,000,000
A ANY PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000
If yes. describe under 1,000,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ I
OTHER
,
.'
:p'ESqRlPTION 9F qPERATlONS / LOCA~ION~ I '{EHICLES 1,'i'XCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS $322,381. 36
ro]: Falrlngton SubdlV1Slon 12 Water Main, Augusta, GA Contract Amount
CERTIFICATE HOLDER
Augusta GA Commission
Room 605, Municipal Building
August, GA 30911
CANCELLATION
SHOULD AtoN OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTlCE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORUEDREPRESENTATIVE
~7..uk C h--
ACORD 25 (2001/08)
Mark Ja nes CSP/LINDAM
@ACORDCORPORATION 1988
OCT-05-2007 17:05
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ADDENDUM
TO: All Bidders
FROM:
DATE:
SUBJ:
Geri A. Sams ~
October 5,2007
ADDENDUM #1
Bid Item #07-168 Fairington 12" Water Main Project for Augusta Utilities
Bid Due: Friday~ October 12,2007 @ J 1:00 a.m,
This fax is to notify all potential bidders of changes in Bid Item #07.168 Fairington 12" Water
Main Project.
This actdendum is applicable only to persons that attend,ed the Mandatory Pre.Bid
Conference and acquired an official set of plans and specifications from Digital Blue Print.
Please acknowledge receipt of addendum in your bid package.
If you have any questions regarding this correspondence, please contact me at (706) 821-2422.
cc:
TamekaAllen
Max Hicks
Sean Barr
Jerry Delaughter
Interim Deputy Administrator
Director, Utilities Department
. Utilities Department
Utilities Department
Room 605 . 530 Green Street, Augusta Georgia 309l I
(706) 821.2422 - Fax (706) 82/-2811
www .auf!Ustaga.~ov
Register at www-demandsrar_com/suDolier for automatic bid notification
OCT-05-2007 17:05
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T ABLE OF CONTENTS
SEcrION TITLE # OF PAGES
IB Instructions to Bidders 3
p Proposal 5
BB Bid Bond 2
A Agreement 3
NA Notice of Award 1
NP Notice to Proceed 1
CO Change Order 1
PB Performance and Payment Bonds 5
GC General Conditions 52
SGC Supplemental General Conditions 1
SC-O Index to Special Conditions 1
SC Special Conditions 1
TS-O Index to Technical Specifications 1
IS TechrrlcalSpecUfications 15
MP MEASUREMENT AND PAYMENT 4
OCT-05-2007 17:05
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P.04
SECTION SC
SPECIAL CONDITIONS
01 Special Condition #1 PROPOSED 12" DIP WATERMAIN
CROSSING (BELOW) EXISTING SEWER MAINS
This work shall be performed per the Special Detail l='ROPOSED 12" DIP WATERMAIN
CROSSING (BELOW) EXISTING SEWER MAINS shown on Sheet 7 on the Construction
Plans. This work will be included in Bid Item W-1H: 20" diameter PVC water transmission main
C 905, Class 200. Spacer and End Seals will be included in the payment of Bid Item W-IH, per
foot price.
02 Special Condition #2 PROPOSED 12" DIP WATERMAIN CROSSING
EXISnNG ASBESTOS CEMENT PIPE
An existing Asbestos Cement watermain is located in the intersection on Uncolnton Pkwy - Kevin
Road. This work shall be performed per the AUD DETAil - SANITARY SEWER MAIN
lliSTALLATION shown on Sheet 7 on the Construction Plans. This work will be included in Bid
Item W-2B (8" diameter ductile iron water transmission main Class 350, standard joint) and Bid
Item W-7 (8" Diameter Transition Couplings) and W-22 (Asbestos Cement Watermain Crossing
(removal), Sizes Vary). The removal and disposal of the ASBESTOS CEMENT PIPE must meet
local, State and Federal Regulations. Certification to perform this work may be required.
03 Special Condition #3 ASPHALT OVERLAY
After watermain installation is complete, the contractor will Mill the opposite side of the road
which the watermain has been installed, 6' with from 0 to 1 W' at the curb and gutter, Bid Item P-
4. All existing manhole rims and water valves cover shall be raised, Bid Item L&-l. Then the
entire area will be re-surfaced, Bid Item P-l (Asphalt overlay, type F, l1A " thick minimum).
SC-l
OCT-05-2007 17:05
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REVISED MARCH 19, 2004
Instructions for Completing the Standard Bid Schedule for Augusta Utilities
Water Projects .
The attached bid schedule shall be used for Augusta Utilities Water System Projects.
The following instructions outline items that must be modified and/or completed:
1. Measurement and payment sections must be provided in the technical
specifications to define the extent of the line items in the bid schedule.
2. The bid schedule should be modified through addition or deletion of line items to
address work specific to each project ONLY as approved by the Augusta Utilities
Department. Line item numbers shall remain as listed in the standard bid
schedule. Even if line items are not used on a specific project, the current item
numbers as listed on the following pages shall stay the same.
3. No changes to the units specified shall be made.
4. Additional line items may be added as necessary to accommodate project specific
requirements and as approved by the Augusta Utilities Department.
FAIRINGTON-OS-$TANDARD BIO WATER Od 03 19-ADDl
20F4
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REVISED MARCH 19. 20<l4
AUGUSTA UTiliTIES DEPARTMENT - WATER SYSTEM PROJECT.
STANDARD BID SCHEDULE
WATER MAIN
W-1H 20" diameter PVC water transmission main C 40 LF
905, Class 200
W-28 8" diameter ductile iron water transmission 20 LF
main Class 350, standard joint
W.2D 12" diameter ductile iron water transmission 2400 LF
main Class 350, standard joint
W-3D 12" diameter ductile iron water transmission 1500 LF
main Class 350, restrained joint
W-6 Miscellaneous pipe fittings and connections 8,500 LBS
W-7 8" Diameter Transition Couplings 4 EA
W-6 Fire hydrant, installed complete with varve, 5 EA
lead pipe, joint restraint. and blocking
FAIAINGiON-O>STANDARO BID WATER o.q 031lMDD1
P-3
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P.07
REVISED MARCH 19, 2004
w- 12" in-line gate valve, including valve box, 8 EA
10D installed, complete, open right/left
W-13 12" tapping sleeve, valve, valve box, complete 1 EA
W-15 New 1" long side water service, installed, 10 EA
including reaconnection, complete
W-16 New 1" short side water service. installed, 10 EA
including re.connection, complete . .
W-17 Polyethylene wrap of ductile iron water main 3900 LF
W.1S Tie-in to existing line 1 EA
W.21 Miscellaneous Class A Concrete (Encasements 75 CY
and Blocking)
W.22 Asbestos Cement Watermain Crossing 1 EA
(removal) , Sizes Vary
PAVEMENT STRUCTURES
P-1 Asphalt overlay, type F, 1 ~.. thick minimum 6500 SY
P-2 Graded aggregate base, 10 % " thick, 7' wide 1550 SY
and asphalt patch 2 % " thick, including removal
of 2 ~ II GAB and placement of bituminous tack
coat
.
P-3 Asphalt Pavement Leveling (if required) 50 Tons
P-4 Milling, 0 - 1 1/2" 1500 SY
P-9' 24" concrete curb and/or gutter removal and 100 LF
replacement (as appropriate and necessary)
MISCEllANEOUS
M-1 Flowable Fill (if required) 100 CY
M-3 Foundation backfill, GA DOT Type II, for 100 CY
additional unclassified excavation (if required)
M-4 Clearing and Grubbing 2.0 ACRE
FAIAINGTON-05-STANDAAD BID WAlER OA D31~ADDl
P.4
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P.08
REVISED MARCH 19, 2004
M-5 Fence Removal and Replacement, New, 75 LF
Replaced in Kind
LUMP SUM
.
LS-1 Lump sum construction (Includes but is not 1 LS
limited to the listing continued below)
LUMP SUM CONSTRUCTION
· Mobilization, Demobilization
· Bonds, Insurance
· Gabion Retaining Walls
· Remove and reset fences, All types
· Remove and reset gates, All types
· Remove and reset storm sewer, lengths & sizes vary
· X~ <material> drain pipe
· Remove and reconnect water services
· Reconnect sanitary sewer services
· Reconstruct <material> wall, Height varies
· Remove and reset signs, type varies
· Remove and reset water sprinkler systems, complete
· Remove and reset water valve andlor meters, size varies
· Remove and reset yard lamps, type varies
· Remove and reset mailboxes, type varies
· Erosion and sediment control (temporary grassing, construction exits, rip-rap, misc. erosion
control structures)
· Silt Fence, Type "A"
· Silt Fence, Type "8~
· Silt Fence, Type "e"
· Traffic control
· Miscellaneous grading
· Permanent Grassing
· Raise manholes and valve boxes to grade
Note to Bidders: For a complete description of Bid Items refer to the Technical
Specifications.
FAlRINGiON-05-STANDARD BID WATER 04 091~ADOl
P.5
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P.09
REVISED SEPTEMElER e. 2004
AUGUSTA UTILITIES DEPARTMENT
WATER SYSTEM PROJECT - MEASUREMENT AND PAYMENT
WATER MAIN
ITEMS W-lA through W-3T - All piping line items shall be measured in linear feet and shall
include costs for piping and installation, trench excavation, trench box, dewatering, asphalt
cutting, normal joints and gaskets, normal backfill, pressure and leakage testing, pipe
sterilization" bacteriological testing, and flushing. No additional payment shall be made for
these items.
ITEM W-4 - Jack and bore line items shall be measured in linear feet and shall include costs
for casing piping, carrier piping, and installation, blasting, asphalt cutting, restrained joints
and gaskets, end seals, and normal backfill. No additional payment shall be made for these
items.
ITEM W-S - Select backfill shall be measured in cubic yards and shall include costs for the
backfill and installation as well as all transportation and stockpiling charges. The volume of
material included shall be the actual measured "in-place" volume. The maximum trench
width used to calculate the volume will be 7 feet. No additional payment shall be made for
these items.
ITEM W-6 - Miscellaneous pipe fittings and connections shall be measured in pounds and
include costs for all fittings and installation including normal joints and gaskets, mechanical
joint restraint, etc., regardless of materiaL No additional payment shall be made for these
items. .
ITEM W-7 - Transition couplings shall be measured individually (each) and shall include
costs for couplings, soil surface preparation, connection to water main, excavation,
asphalt/ concrete cutting, installation, normal backfill, and testing. No additional payment
shall be made for these items.
ITEM W-8 - Fire hydrants shall be measured individually (each) and shall include costs for
hydrants, soil surface preparation, connection to water main, all associated valves and
fittings, concrete pad (if required), excavation, asphalt/ concrete cutting, installation, normal
backfill, and testing. No additional payment shall be made for these items.
ITEMS W-9A through W-12 - All valve line items shall be measured individually (each) and
shall include costs for valves, valve boxes/vaults, manholes, valve extensjons, excavation,
dewatering, asphalt/concrete cutting, all associated fittings, installation, normal backfill,
and testing. No additional payment shall be made for these items.
FAIAINGTON - WATER MEASURE P""i 04 09 08-ADCl
l-MP OF 4
OCT-05-2007 17:06
ARC PURCHASING
P.10
REVISED SEPTEt.leER 8, 2004
ITEM W-13 - Tapping sleeve and valves shall be measured individually (each) and shall
include costs for sleeve, valve, associated hardware, valve boxes, temporary
plugging! draining of pipeline, excavation, dewatering, asphalt/concrete cutting,
installation, normal backfill, and testing. No additional payment shall be made for these
items.
ITEM W-14 - Check valves and vaults shall be measured individually (each) and shall
include costs for valves, valve boxes/vaults, manholes, valve extensions, excavation,
. dewatering, asphalt/concrete cutting, all associated pipe and fittings, installation, normal
backfill, and testing. No additional payment shall be made for these items.
ITEM W-15 through W-16 - Long and short side water service connections shall be
measured individually (each) and shall include costs for piping, water meter connection,
dewatering, asphalt/concrete cutting (including service markings), installation, normal
backfill, and property restoration. This line item shall include the cost of reconnection of any
existing services, if required. No additional payment shall be made for these items.
ITEM W-17 - Polyethylene pipe wrap shall be measured in linear feet and shall include
costs for pipe wrap materials and installation. No additional payment shall be made for
these items,
ITEM W-18 - Tie-ins to existing lines shall be measured individually (each) and shall
include costs for piping, dewatering, asphalt! concrete cutting, installation, normal backfill,
and property restoration. No additional payment shall be made for these items.
ITEM W-19 - All cut-in gate valves shall be measured individually (each) and shall include
costs for valves, valve boxes/vaults, manholes, valve extensions, excavation, dewatering,
asphalt/ concrete cutting, all associated fittings, installation, normal backfill, and testing. No
additional payment shall be made for this item.
ITEM W-20 - Cut and plug existing water line shall be measured individually and shall
include all costs associated with cutting into an existing line and plugging it as detailed in
the plans and specifications. No additional payment shall be made for this item.
ITEM W-21 - Miscellaneous concrete shall be measured in cubic yards and shall include
costs for concrete, installation, excavation, dewatering, soil stabilization, pipe stabilization,
asphalt cutting, and normal backfill. No additional payment shall be made for these items.
ITEM W~23 - Asbestos Cement Water Main Crossing (removal) shall be measured,
individually and shall include all costs associated with cutting into an existing line and
removing existing line as detailed in the plans and specifications, No additional payment
shall be made for this item. The removal and disposal of the ASBESTOS CEMENT PIPE
must meet Local, State and Federal Regulations. Certification to perform this work
may be required.
FAIRINGTON . WATER MEASURE PMT 04 09 08-ADDl
2-MP OF 4
OCT~05-2007 17:06
ARC PURCHASING
P.ll
REVISED SEPTEMBER e,2004
PAVEMENT STRUCTURES
ITEM P-l- Asphalt overlay shall be measured in square yards and shall include costs for
asphalt materials and installation, temporary striping and permanent striping (replaced in
kind), and markers (both temporary and permanent). No additional payment shall be made
for these items.
ITEM P-2 - Aggregate base (10 ~" thick) and asphalt patch (2 ~" thick) shall be measured in
square yards and shall include costs for all aggregates (regardless of type), 21h " graded
aggregate base removal and disposal, bituminous tack coat, asphalt, installation, excavation,
striping (both temporary and permanent), and markers (both temporary and permanent).
The square yardage calculation shall be based upon a standard width of seven (7) feet for
payment purposes. No additional payment shall be made for these items.
ITEM P-3 - Asphalt pavement leveling shall be measured in tons and shall include costs for
all asphalt (regardless of type) used to create a level road surface prior to asphalt overlay as
authorized by the project representative. The payment shall be based upon confirmed
delivery tickets. No additional payment shall be made for these items.
ITEM P-4 - Milling shall be measured in square yards and shall include all materials, labor,
equipment, and material removal and disposal costs. No additional payment shall be made
for these items.
ITEMS P-5 throuih P-6 - Concrete sidewalk and driveways shall be measured in square
yards and shall include costs for existing sidewalk removal and disposal, 3000 psi concrete,
installation, site preparation, formwork, and finishing. Existing concrete shall be removed to
the nearest joint as directed by the project representative. No additional payment shall be
made for these items.
ITEM P-7 - Asphalt driveway replacement shall be measured in square yards and shall
include costs for existing asphalt removal and disposal, asphalt, installation, site
preparation, Existing asphalt shall be removed to the nearest joint as directed by the project
representative. No additional payment shall be made for these items.
ITEM P-8 - Curb and/or gutter placement shall be measured in linear feet and shall include
costs for existing curb and/ or gutter removal and disposal, concrete, installation, site
preparation, formwork, and finishing. No additional payment shall be made for these items.
ITEM P-9 - Curb and gutter removal and replacement shall be measured in linear feet and
shall indudecosts for removal and disposal of existing concrete curb and gutter, concrete,
installation, site preparation, formwork, and finishing. No additional payment shall be
made for these items,
ITEM P-IO - Raised edge asphalt curb shall be measured in linear feet and shall include
costs for removal and disposal of existing asphalt curb and gutter, site preparation, and
installation. No additional payment shall be made for these items.
FAIAINI3TON. WATER MEASURE PMT 04 09 O&-ADD1
3-MP OF 4
OCT-05-2007 17:06
ARC PURCHASING
P.12
REVISED SEPTEMBER 8, 2004
\ -
j
MISCELLANEOUS
ITEM M-l- Flowable fill shall be measured in cubic yards and shall include costs for all
materials, labor, equipment, and excess materials. No additional payment shall be made for
these items.
ITEM M-2 - Class A Concrete shall be measured in cubic yards and shall include costs for
excavation,lahor, equipment, and concrete material placement. No additional payment
shall be made for these items.
ITEM M.3 - Rock excavation shall be measured in cubic yards and shall include costs for
blasting, labor, equipment, and material removal and disposal. No additional payment shall
be made for these items.
ITEM M-4 .. Foundation backfill shall be measured in cubic yards and shall include costs for
the backfill and installation. as well as all transportation and stockpiling charges. Quantities'
shall be verified by trench volume calculation. No additional payment shall be made for
these items.
ITEM M-5 - Gearing and grubbing shall be measured in acres and shall include costs for
vegetation removal, stockpiling, disposal and any required permitting. No additional
payment shall be made for these items.
ITEM M-6 - Fence removal and replacement shall be measured in linear feet and shall
include all costs associated with removal and replacement of the existing fence with new
materials of like quality as necessary for water line installation. No additional payment
shall be made for these items.
LUMP SUM CONSTRUCTION
ITEM LS-l- Lump sum construction includes, but is not limited to, the items described in
the bid schedule. No separate or additional payment shall be made for these items.
FAIRINGTON - WATER MEASURE PMT t)4 O~ OS-AOOl
4-MP OF 4
TOTAL P.12
SECTION
IB
P
BB
A
NA
NP
-CO
PB
GC
SGC
SC-O
SC
TS-O
TS
MP
TABLE OF CONTENTS
TITLE
# OF PAGES
3
5
2
3
1
1
1
5
52
1
1
1
1
15
4
1
1
2
2
Instructions to Bidders
Proposal
Bid Bond
Agreement
Notice of Award
Notice to Proceed
Change Order
Performance and Payment Bonds
General Conditions
Supplemental General Conditions
Index to Special Conditions
Special Conditions
Index to Technical Specifications
TechrricalSpecifications
MEASUREMENT AND PAYMENT
Conflict of Interest Document
Georgia Security and Immigration Compliance Act of 2006
Contract Affidavit and Agreement
Bidder Qualification Statement
SECTION IB
INSTRUCTION TO BIDDERS
IB-Ol GENERAL
All proposals must be presented in a sealed envelope, addressed to the OWNER The proposal must
be filed with the OWNER on or before the time stated in the invitation for bids. Mailed proposals will
be treated in every respect as though filed in person and will be subject to the same requirements.
Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated
any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for
a period of sixty (60) days after bids have been opened, pending the execution of contract with the
successful bidder.
IB-02 EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work; the
conformation of the ground; the character, quality and quantity of the facilities needed preliminary to
and during the prosecution of the work; the general and local conditions; and all other matters which
can in any way affect the work or the cost thereof under the contract. No oral agreement or
conversation with any officer, agent, or employee of the OWNER, either before or after the execution of
the contract, shall affect or modify any of the terms or obligations therein.
IB-Q3 ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other pre-bid documents will be made to
any bidder orally.
Every request for such interpretation should be in writing addressed to the Geri A.
Sams, Director of Purchasing; Purchasing Department; Room 605; 530 Greene Street; Augusta, GA
30911 and to be given consideration must be received at least ten days prior to the date fixed for the
opening of bids. Any and all such interpretations and any supplemental instructions will be in the
form of written addenda to the specifications which, if issued, will be sent by facsimile or U.s. mail to
all prospective bidders (at the respective addresses furnished for such purposes), not later than five
days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such
addendum or interpretation shall not relieve such bidder from any obligation under his bid as
submitted. All addenda so issued shall become part of the Contract Documents.
IB-04 PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made on bid forms should be initialed by the person signing
the bid.
Bidders must quote on all items appearing on the bid forms, unless specific directions in the
advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote
on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert
the words IIno bidll where appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if
submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be
submitted as such, and shall not reveal the total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all OWNERs. Bids of
corporations will be signed by an officer of the firm and his signature attested by the secretary thereof
IB-1 .
who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-05 BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended, which will include and cover the
furnishing of all material and the performance of all labor requisite or proper, and completing of all the
work called for under the accompanying contract, and in the manner set forth and described in the
specifications.
Where estimated quantities are included in certain items of the propos at they are for the purpose of
comparing bids. While they are believed to be close approximations, they are not guaranteed. !tis the
responsibility of the CONTRACTOR to check all items of construction. In case of error in extension of
prices in a proposat unit bid prices shall govern.
IB-06 BIDDER'S QUALIFICATIONS
No proposal will be received from any bidder unless he can present satisfactory evidence that he is
skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all
obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a
separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable
information as to working capital available, plant equipment, and his experience and general
qualifications. The OWNER may make such investigations as are deemed necessary to determine the
ability of the bidder to perform the work and the bidder shall furnish to him all such additional
information and data for this purpose as may be requested. The OWNER reserves the right to reject
any bid if the evidence submitted by thE; bidder or investigation of him fails to satisfy the OWNER that
such bidder is properly qualified to carry out the obligations of the contract and to complete the work
contemplated therein. Part of the evidence required above shall consist of a list of the names and
addresses of not less than five (5) firms or corporations for which the bidder has done similar work.
IB-07 PERFORMANCE BOND
At the time of entering into the contract, the CONTRACTOR shall give bond to the OWNER for the use
of the OWNER and all persons doing work or furnishing skill, tools, machinery or materials under or
for the purpose of such contract, conditional for the payment as they become due, of all just claims for
such work, tools, machinery, skill and terms, for saving the OWNER harmless from all cost and charges
that may accrue on account 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.
Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated
copy of the power of attorney.
IB-08 REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as soon as practicable, provided
satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to
reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed
to be in the best interest of the OWNER.
IB-09 PROGRAM MANAGER
CH2M HILL is the Program Manager for the project described herein; address is 360 Bay Street, Suite
100, Augusta, GA 30901
IB-2
IB-lO MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County Commission to increase the involvement of qualified
minority and economically disadvantaged businesses in the contracted work of County Government.
In an effort to support this intention, this project is offered to all qualified firms. The bids will be
evaluated based on qualifications, price and construction time. With all other items being considered
equal, the contract, if awarded, will be awarded to a minority and economically disadvantaged firm or
a firm that has included such firms as subCONTRACTORs on this project.
The bidders shall include with their bid a statement of qualification for themselves
and/ or any qualified subCONTRACTORs explaining why they should be considered a minority or
economically disadvantaged firm. If the firm does not fall into this category, no information is
necessary .
IB-3
BID SCHEDULE
TO ACCOMPANY THE PROPOSAL OF
BIDDER:
ADDRESS:
THE DESIGN ENGINEER MUST ADD THE PROJECT SPECIFIC BID SCHEDULE AND
THE AUD MEASUREMENT AND PAYMENT SECTION AT THIS POINT.
COpy
SECTION P
PROPOSAL
DATE:: Oc..,ta6e,- /2., 2.00'
I
Gentlemen:
In compliance with you invitation for bids, the undersigned hereby proposes to furnish all labor,
equipment and materials, and perform. all work for the project referred to herein as:
FAIRlNGTON SUBDrVrSION
12" WATER MAIN
In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid
schedule attached hereto and totaling:
-7h"6'e. ~_./~~ ~t9""7 ~o --7h~/.-c/ ~...e 4.../--/ ~-j ~
~/~ l !J~
and ~iK- -/100 dollars ( 3ZZ.,.3B.I -).
,
. The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days .
of receipt of such notic~ execute a formal contract agreement with the Owner, and that he will provide
the bond or guarantees required by the contract documents.
The undersigned hereby agrees that, if awarded the contract, he will commence the work within
Ten (10) calendar days after the date of written notice to proceed, and that he will complete the work
within Ninety (90) calendar days after the date of such notice. .
The undersigned acknowledges receipt of the following addenda:
Addendum No. Addendum Date
No. I d~~ /c/s-~)
{ {
Enclosed is a bid guarantee consisting of
amount of I' 3 z-; ;z.. 'J g /~
c- brd b~-?d
(/.r; % &:"/-! ~'cI_o.,>-/;)
in the
Respectfully Submitted,
'"23/........;;.- c:;.,.,~.,t-r",c;..';;'<:>-7, ..::z:;7.c ~
Firm '
70. 1.3~)C. 770 &_~~, G/l ,3'c>go'T
Address /
By:LJ~~
TITLE:
\t:c.e. ~,!n, '/e..,-I-
," ~ . .
..1,:,-2007 16:46
RRC PURCHRSING
P.05
REVISED MARCH 1;, 2004 .
Instructions for Completing the Standard Bid Schedule for Augusta Utilities
Water Projects .
The attached bid schedule shall be used for Augusta Utilities Water System Projects.'
The following instructions outline items that must be modified and/or completed;
1 , Measurement artd payment sections must be provided in the technical
specifications to define the extent of the fine items In the bid schedule.
2, The bid schedule should be modified through addition or deletion of line items to
address work specific to each project ONL Y as approved by the Augusta Utilities
Departme.nt. Line item numbers shall remain as fisted in the standard bid
schedule. Even if line items are not used on a specific project, the current item
numbers as listed on the following pages shaJl stay the same.
3. No changes to the units specified shalf be made.
4. Add;tionalline items may be added as necessary to accommodate project specific
requirements and as approved by the Augusta Utilities Department.
FAIRINGlON-OS-STANDARO Illt> WAlER D4 D3 li-AOOI
20F4
OC!-0S-2007 16:46
RRC PURCHRSING
P.06
R~SED MARCH .19, ~OD4
. AUGUSTA UTILITIES DEPARTMENT - WATER SYSTEM PROJECT
STANDARD BID SCHEDULE
WATER MAIN
W.1H 20" diameter pve water transmission m~in C 40 LF co 00.
905, Class 200 5"8- :Z3z.o -
W.2B 8" diameter ductile iron water transmission 20 LF Z/~ ~
main Class 350, standard joint ~35
W-2.0 12" diameter ductile iron water transmission 2400 LF 2? '7 ~ 6'Jhoo {;)
maio Class 350, standard joint
W.3D 12" diameter ductile iron water transmission 1500 LF 31 ?!.. 00
main Class ~50, restrained joint ~?G:,B5 ---
W.6 Miscellaneous pipe fittings and connections 8,500 LaS /~
W-7 6" Diameter Transition Couplings 4 EA 38'7' .::!:
W-6 Fire hydr~nt, installed complete with valve, 5 EA 305'1.:::!- /5ZS--S"
lead pipe, joint rEtstraint. and blocking
FAI"JNGTOrMJ5..STANP~FlO SID WATER 04 ~ 190AOOl
P.3
OCT-05-2007 16:46
. ,
ARC PURCHASING
P.07
REVIsED MARCH 19.2004
w- 12" in-line gate valve, including valve box, B EA c>O 10 OOc::> ~ ~
12~o --
100 installed, complete, open right/left
W-13 12" tapping sleeve, valve, valve box, complete , EA 5""/')) ~ 5/") ') ~
W-15 New 1 ~ long side water service, installed, 10 EA SO 78)5"" ~
787-
including re-connection, complete
W-16 New 1" short side water service, installed, 10 EA . 00 Sta'/c> ~I-
including re-connection, complete .5""&/ -
W-17 PoJyethyJen~ wrap of ductile iron water m~in 3900 LF /~ . 5'85" C> ce.:::....
W-18 Tie-in to existing line 1 EA S"o 87'2- ~
. 81'2- -
W-21 MlscellaneollS Class A Concrete (Encasements 75 Cy 7S-~ oc:.>
7/2-5" ~
and Blocking)
W-22 Asbestos Cement Watermain CrO$sing , EA 25"00 ~ 2:5""00 ~:..
(removal), Sizes Vary
PAVEMENT STRUCTURES
0~ 0 r::>
P-1 Asphalt overlay, type F, , ~ " thick minimum 6500 Sy ~o G? 2.~ -
P-2 Graded aggregate base, 1 0 ~ " thick, 7' wide .1550 SY . // ~-o
and asphalt patch 2 }2 " thick, in~ludil1g removal 22-- .3'fL'-Z/c> ... f--
of 2 * " GAB and placement of bituminous tack
coat
P.s Asphalt Pavement Leveling (if required) 50 Tons 8:J~ #&3 ~f-'
P-4 Milling, 0 -, 1/2~ 1500 Sy .s-f!:.. 8/00 ~~.
P-9 e4" concrete curb and/or gutter removal and 100 LF /b~ /~ 2-5 ~.=:....
replacement (as' appropriate and necessary)
MISCELLANEOUS
M:.-, Flowable FiJI (if required) 100 Cy S-~~ 5""5"".00 ~:.-
M-3 Foundation baokfill, GA DOT Type II, for 100 Cy .I/~ 00
additional unC/El$sified excavation (if required) I?S-o ...;;;-
M-4 Clearing ~nd Grubbing 2.0 ACRE q.)ZS'"~ 7"~o c~
I=AIRINCITOJII.os-sTANOARO BID W~'Teff 04 OJ ,p..AODl P-4
. ,
.
OCJ~05-2007 16:46
RRC PURCHRSING
. P.08
REvISED M.A~CH 151,2004
,
M.5 Fence Removal and Replacement, New, 75 IF /2.~ 9~~
Replaced in Kind
LUMP SUM
lS~1 Lump sum con~ructlon (Includes but is not 1 lS ~E:
23 ~5"> :;;- 23 S"5"~
limited to the listing oontinued below)
~-
LUMP SUM CONSTRUCTION
" Mobilization, Demobilization
" Bonds, Insurance
" Gabion Retaining Walls
" Remove and reset fen~es, All types
" Remove and reset gates, All types
" Remove and reset storm sewer, lengths 8. sizes vary
" X" <material;> drain pipe
" Remove and reconnect water services
" Reconnect sanitary sewer services
'" Reconstruct <material;> wall, Height varie$
" Remove and reset signs, type varies
" Remove and reset water sprinkler systems, complete
" Remove and reset water valVe and/or meters, .siZe varies
" Remove and reset yard lamps, type varies
" Rel'l1ov~ and reset mailboxes, type varies
· Erosion and sediment control (temporary grassing, construction exits, rip-rap, mise. erosion
control structures) .
" Silt Fence, Type CIA"
· Silt Fence, tyPe lIB"
" Silt Fence. Type ~'cn
~~//
..1/ 3~
// 3Z2- :3&/ --
I
· Traffio control
· Miscel/?nf;:!QUS grqdlng
" Permanent Grassing
· ~ise manholes and valve boxes to grade
Note to Bidders: For a ~mpJete qescription of Bid Items refer to the Technical
Specifications.
FAIflINGTON.O$.STANOARO BID WATER 04 ~ 1 ~01
P-5
;.. "--:-----t
BID BOND.
Conforms with The American Institute of
Architects, A.IA Document No. A-310
KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc.. PO Box 770, Evans, GeorQia 30809
as Principal, hereinafter called the Principal,
and the Western Surety Company
of CNA Plaza, Chicago, Illinois 60685
, a corporation duly organized under
the laws of the State of South Dakota
, as Surety, hereinafter called the Surety, are held and firmly bound unto
Augusta Commission, 530 Greene Street, Room 605, Augusta, GA 30911
as Obligee, hereinafter called the Obligee,
in the sum of 10% of Bid Amount - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dollars ($ 10% of Bid Amount ) ,for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Fairington Subdivision 12" Water Main
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 ~n 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
12th
day of
October
Blair Construction, Inc., PO Box 770,
Evans, Georgia 30809
2007
~'S~~
(Seal)
Principal
Witness
r
)
.) W~~e MA.I.. 1::_ -~ ()~
\'/'ce ?~s(de-;;o+~
Title
Witness
Western Surety Company
I,
.>
By 8{,~ uiJA
Buck Leigh
.-
JlZ:::o ~'16
~1
~'
Attorney-in-Fact
S-0054/GEEF 12/00
FRP
Western Surety Company
Know All Men By The.qe Presents, That WESTERN SURETY COMPANY, a SOllth Dllkota corporation, is a duly organized and existing corporation
having iL~ principal office in the City of Sioux Falls, and State of South Dak~ta, and that it doe.~ by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Thomas M Albus, Buck Leigh, Individually
of Columbia, SC, its true and lawful Attorney(s)-in-Pllct with filII power and authority hereby conferred to sign, seal and execute for and on its behalfbonds,
undertakings and other obligatory instruments of siniilar nature
and to bind it thereby as fully and to the same extent as ifsuch instruments were signed by a duly authorizcd officer of the Corporation and all the acl~ of said
Attorney, pursuant to the authority herehy given, are hereby ratified and con finned.
- In Unlimited Amounts _
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on tJle reverse hereof, duly adopted, lIS indicated, by
the shareholders of the corporation.
In Witne.'lS Whereof, WESTERN SURETY COMPANY has eaused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed 011 this 2Jrd day of March, 2006,
\\~".""~
...*..."IIR"rl"~
~'l-;"";'" ~~
i~ o..,.t 4.t,.,':\,..\
;;::llt; . f!\1~i
\li~,s.c...",/.t!
\tOQ'>---'~""~~
"'::.f.,W
WESTERN SURETY COMPANY
State of South Dakota
County of Minnehaha
} 5S
~L~
. p;~r . Bruflat, Senior Vice President
On this 23rd day of March, 2006,.before me personally came Paul T. Brutlat, to me known, who, being by me dUly swom, did depose' and say: tllat he
=''''-' m th, C"" of S'"", '"'- ..... ,f"""th """""; ... '" " tho S",,,,, V;~ "",,,.,tof WESTERN SlJRETy COM!' ANY ,_"", m ,m! wh'oo
executed the above instrument; that he knows the seal of said COrporation; thaI the scal affixed to the said instrument is such COrporate seal; that it was so
...~" ""~"'" '" .._~ givo, by tho ..~, ,f nrr,_ 'f ~Id """"mO" .., ... '" ,'_ hf, ""'" th~"" ."""." '" "'" ....".... ..,
acknowledges same to be the acl lInd deed of said corporation,
My commission expires
November 30, 2006
+~~~~~~~~~~~~~~~~~~~~~~~+
~ ~
: D. KRELL ~
i~NOTAFlV puaLlc~~
"'~SOUTH DAKorA~J'
J' ~
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my n'arne a.nd affixed the seal of the said co~oratinn dlis 12th day of O:::t:ct:er 2fXJ7
CERTiFICA TE
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WESTERN SURETY COMPANY
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. L. Nelson, Assistant Secretary
Section A
Agreement
THIS AGREEMENT, made on the 26 day ofk~~ilu-. 20QZ by and between
AUGUSTA, GEORGIA, BY AND THROUGH THE AUGUST A-RICHMO~ COIDiTY CO~MISSION,
party of the first part, hereinafter called the OWNER, and 'Z5 ~ .' r- Cd2..... <5 ~/' e... '" ~ ~ .
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:
FAIRINGTON SUBDIVISION 12" WATER MAIN
and in accordance with the requirements and provisions of the Contract Documents as defined in the General
and Special Conditions hereto attached, which are hereby made a part of this agreement. .
ARTICLE II - TIME OF COMPLETION/LIQUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within 10 calendar days
after the date of wptten notice by the OWNER to the CONTRACTOR to proceed. All work shall be
completed withnxo cahe9~ays with all such extensions of time as are, provided for in the General
Conditions. tt 0 ~ t6 .
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 CONDmONS of this contract. CONTRACTOR agrees that said work shall be
prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion
thereof within the time specified. It is expressly understood and agreed by and between the CONTRACTOR
and the OWNER, that the time for completion of the work described herein is a reasonable time for
completion of the same, taking into consideration the average climatic range and construction conditions
prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK
WITHIN THE TIME HEREIN SPECIFIED, then the CONTRACTOR does hereby agree, as a part of the
consideration for the awarding of this contract, to pay the OWNER the sum of two hundred and fifty and
no/lOOs ($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
~e OWNER would, in such event, sustain, and said amounts shall be retained from time to time by the
Owner from current periodical estimates.
It is further agreed that time is of the essence for each and every portion of this Contract, and
the specifications wherein a definite portion and certain length of time is fixed, if additional time is allowed
for the completion of any work, the new time limit fixed by extension shall be the essence of this contract.
A-I
ARTICLE ill - PAYMENT
(A) The Contract Sum
The OWNER shall pay to the CONTRACTOR for the performance of the Contract the amount
as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth
in the specifications attached hereto.
(B) Progress Payment
On no later than the fifth day of every month, the Contractor shall submit to the OWNER's
Engineer (hereinafter called, the PROFESSIONAL) an estimate covering the percentage of the total amount of
the Contract which has been completed from the start of the job up to and including the last working day of
the preceding month, together with such supporting evidence as may be required by the Owner and/ or the
Professional. This estimate shall include only the quantities in place and at the unit prices as set forth in the
Bid Schedule.
On the vendor run following approval of the invoice for payment, the OWNER shall after
deducting previous payments made, pay to the CONTRACTOR 90% of the amount of the estimate on units
accepted in place, The 10% retained percentage may be held by the OWNER until the final completion and
acceptance of all work under the Contract.
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(A) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Professional shall within 10 days make such inspection, and when he
finds the work acceptable under the Contract and the Contract fully performed, he
will promptly issue a final certificate, over his own signature, stating that the work
required by this Contract has been completed and is accepted by him under the
terms and conditions thereof, and the entire balance found to be due the
CONTRACTOR, including the retained percentage, shall be paid to the
CONTRACTOR by the OWNER within 15 days after the date of said final certificate.
(B) Before final payment is due, the CONTRACTOR shall submit evidence satisfactory to
the Professional that all payrolls, material bills, and other indebtedness connected with work have been paid,
except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts
when adjudicated in cases where such payment has not already been guaranteed by surety bond.
(C) The making and acceptance of the final payment shall constitute a waiver of all
claims by the OWNER, other than those arising from unsettled liens, from faulty work appearing within 12
months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It
shall also constitute a waiver of all claims by the CONTRACTOR except those previously made and still
unsettled.
(D) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the CONTRACTOR, and the Professional, so certifies, the OWNER
shall upon certification of the Engineer, and without terminating the Contract, make payment of the balance
due for that portion of the work fully completed and accepted.
Each payment shall be made under the terms and conditions governing final payment, except
that it shall not constitute a waiver of claims. .
A-2
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, . d day first mentioned above.
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AUGUST A, GEORGIA
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(SEAL)
CONTRACTOR: --:&I.....; r C:::::CN?s-//'ve:-h-c>~ =&7c::-,.
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~ NOTICE OF AWARD
DATE:
CONTRACTOR: BLAIR CONSTRUCTION, INC.
ADDRESS: P.O. BOX 770
EVANS
City
GA
State
30809
Zip Code
PROJECT: FAIRINGTON SUBD. 12" WATER MAIN
PROJECT NO: 10208
At a meeting of the
you were awarded the Contract for the following Project:
held on (Date)
FAIRINGTON SUBDIVISION 12" WATER MAIN
Enclosed please find 5
copies of the Contract Documents for your execution. Please complete the
pages, affixing signatures, dates, notary and/or corporate seals, etc. where necessary and return to this office
10 days from the date of this letter, excluding Legal Holidays.
The Certificate of Insurance must be complete.
Power of Attorney must be submitted in triplicate; an original and two copies is permissible.
Very truly yours,
Augusta Program Management Team
-
#- -c!f. day of ~~b~......
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Contractor By
Please sign and return one copy of this Notice of Award Acknowledgement to:
Augusta Utilities Department
Attn: Program Managers
360 Bay Street, Suite 180
Augusta, GA 30901
a/eft ~-hrl..c..---I'c>""
Title
~
~ NOTICE TO PROCEED
TO: BLAIR CONSTRUCTION, INC.
Attn:PATRICK DILLARD
P.O. BOX 770
EVANS, GA 30809
PROJECT: FAIRINGTON SUBDIVISION 12" WATER MAIN
You are hereby notified to commence WORK in accordance with the Agreement dated
on or before / I" ~ 2'" ' and you are to complete the WORK within
consecutive calendar days thereafter. The date of completion of all WORK is therefore
Very truly yours,
Augusta Program M
L
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'neer .
Receipt of this NOTICE TO PROCEED is hereby acknowledged
This, the
II
day of
-0 bJ\ IAn.. r-1 1 ,2001
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Contractor:
is/air'
By: 0?
Title: c.S:.;tf?~"~#1. .L-e.~ cI oe.A,.. rT-
,
Please sign and return one copy of this Notice to Proceed Acknowledgement to:
Augusta Utilities Department
Attn: Program Managers
360 Bay Street, Suite 180
Augusta, GA 30901
DATE:
/ hf ~ 9'
I I
PROJECT NO: 10208
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CONSTRUCTION CONTRACT CHANGE ORDER
co NUMEER
BID ITEM
DATE
PROJECT TITLE FAIRINGTON SUBDIVISION 12" WATER MAIN
ORIGINAL CONTRACT DATE _ PROJECT NUMBER 1Q2Q.8.
OWNER AUGUSTA-RICHMOND COUNTYCOMMISSION PO NUMBER _
The following change is hereby made to the contract for the above project:
Description of Change (for a more detailed description see attached proposal):
PAYEE
TOTAL AMOUNT OF THIS CHANGE ORDER
$
The contract time will be INCREASED by _ calendar days as a result of this change.
ORIGINAL CONTRACT AMOUNT $
PREVIOUS CHANGE ORDER (INCREASE) $
THIS CHANGE ORDER (INCREASE) $
TOTAL REVISED CONTRACT AMOUNT WITH CHANGE ORDER $
-
FUNDING NUMBER/ACCOUNT NUMBER
Bond No. 929428 614
PERFORMANCE BOND
Conforms with The American Institute of Architects
A.I.A. document No. A-311
KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and, Western Surety Company, CNA Plaza, Chicaqo, Illinois 60685
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St,
Room 60S, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Three Hundred Twenty Two Thousand Three Hundred Eighty One
and 36/100 -- - -- - -- - - -- -- -- - -- -- - -- - - - -- - -- -- - - -- -- -- - -- -- -- -- -- Dollars ($ 322,381.36 ).
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated
entered into a contract
with Owner for Fairington Subdivision 12" Water Main, City of Augusta, GA
(Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
S-1219/GEEF 10/99
CIS by GA resident agent J-::Z ~ If).
Page 1 of 2
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PERFORMANCE BOND
929 428 614
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be
in default under the Contract, the Owner having performed
Owner's obligations thereunder, the Surety may promptly remedy
the default, or shall promptly
1) Complete the Contract in accordance with its terms and
conditions, or
2) Obtain a bid or bids for completing the Contract in accordance
with its terms and conditions, and upon determination by Surety of
the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even though there
should be a default or a succession of defaults under the
Signed and sealed this
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day of
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(Witness)
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(Witness)
S-1219/GEEF 10/99
Page 2 of 2
contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth
in the first paragraph hereof. The term "balance of the contract
price," as used in this paragraph, shall mean the total amount
payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to
Contractor.
Any suit under this bond must be instituted before the
expiration of two (2) years from the date on which final payment
under the Contract falls due,
No right of action shall accrue on this bond to or for the use of
any person or corporation other than the Owner named herein or the
heirs, executors, administrators or successors of the Owner,
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Blair Construction, Inc., PO Box 770:-E'Vans-, ~', : ' :" -:
Georgia 30809 '/'/ J>' (Seal)
(Principal)
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(Title)
Western Surety Company, CNA Plaza, Chicago:
Illinois 60685
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LABOR AND MATERIAL PAYMENT BOND
Bond No. 929 428 614
Conforms with The American Institute of Architects
A.I.A. Document No. A-311
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here insert full name and address or legallitle of Contractor)
as Principal, hereinafter called Principal, and, Western Surety Company, CNA Plaza, Chicaqo, Illinois 60685
(Here insert full name and address or legallitle of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St,
Room 605, Augusta, GA 30911 (Here insert full name and address or legallitle of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Three Hundred
Twenty Two Thousand Three Hundred Eighty One and 36/100 - - - - - - - - - - - - - - - - Dollars ($ 322,381,36 -),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents,
WHEREAS,
Principal has by written agreement dated
, entered into a contract
with Owner for Fairington Subdivision 12" Water Main, City of Augusta, GA
(Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legallitle of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract
S-1220/GEEF 10/99
Page 1 of 2
LABOR AND MATERIAL PAYMENT BOND
929428614
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter
defined, for all labor and material used or reasonably required for use in the perfonnance of the Contract, then this obligation shall be void; otherwise it shall
remain in full force and effect, subject, however, to the following conditions:
I. A claimant is defined as one having a direct contract with the
Principal or with a Subcontractor of the Principal for labor, material, or
both, used or reasonably required for use in the perfonnance of the
Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein defined, who
has not been paid in full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's work or labor was
done or perfonned, or materials were furnished by such claimant, may sue
on this bond for the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable for the payment of any
costs or expenses of any such suit
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the
Principal, the Owner, or the Surety above named, within ninety (90) days
after such claimant did or perfonned the last of the work or labor, or
furnished the last of the materials for which said claim is made, stating
with substantial accuracy the amount claimed and the name of the party to
whom the materials
Signed and sealed this
~-e!-
day of
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(Witness)
7rt:: A r ~ ~ -l?f-tC
(Witness)
S-1220/GEEF 10/99
Page 2 of 2
were furnished, or for whom the work or labor was done or perfonned.
Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for
the transaction of business, or served in any manner in which legal process
may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
b) After the expiration of one (I) year following the date on which Principal
ceased Work on said Contract, it being understood, however, that if any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof such limitation shall be deemed to be amended so as to
be equal to the minimum period of limitation pennitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county
or other political subdivision of the state in which the Project, or any part
thereof, is situated, or in the United States District Court for the district in
which the Project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of
any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount of such lien be
presented under and against this bond.
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Blair Construction, Inc., PO Box 77.0,\'Eva)15.,
Georgia 30809 ~'/
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(Title)
Western Surety Company, CNA Plaza, Chicago,
Illinois 60685
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Buck Leigh, Attar -in-Fact
(Title)
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Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Thomas M Albus, Buck Leigh, Individually
of Columbia, SC, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts _
and to bind it thereby as fully and to the same extent as ifsuch instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the Corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 23rd day of March, 2006.
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WESTERN SURETY COMPANY
State of South Dakota
County of Minnehaha
} ss
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Paul . BrufIat, Senior Vice President
On this 23rd day of March, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of S~oux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; tJlat he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to autJlOrity given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
November 30, 2006
+~~~~~~~~~~~~;~;;~~~~~~~~+
~ D.KRELL :
, ,
:~NOTARY PUBLIC~:
'~SOUTH DAKOTA~,
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CERTIFICATE
I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this .,:."(!t day of -::2:>,gc:::e_ be--- , Zc>c::>::> .
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WESTERN SURETY COMPANY
Fonn F428Q-Q 1-02
g. ~{~~s=-
ate: 12/3/2007 Time: 4:48 PM
ACORD'
TM
To: Blair @ 9,17068681855
Page: 002-003
DATE (MMlDOfVYYY)
12/03/2007
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CERTIFICATE OF LIABILITY INSURANCE
PROOUCER (770) 246-8300 FAX (770) 246-8301
Sutter, McLellan & Gilbreath, Inc.
1424 North Brown Road
Suite 300
Lawrenceville, GA 30043-8107
INSURED Blair Construction, Inc.
Southern Asphalt
P. O. Box 770
Evans, GA 30809
INSURERS AFFORDING COVERAGE
NAIC#
National Trust Insurance
FCCI Insurance Co.
INSURER A
INSURER B:
INSURER C:
INSURER D:
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.
INSR DD~l TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pg'i-W ~~bRt~N LIMITS
LTR NSR
GENERAL LIABILIIY CPPOO04476 02/14/2007 02/14/2008 EACH OCCURRENCE $ 1,000,000
r-x COMMERCiAl GENERAl LIABILITY DAMAGE TO REN1ED $ 50,000
PP<=MI<:":'"
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,000
A PERSONAl & mv INJURY $ 1 000 000
-
GENERAl AGGREGATE $ 2, 000', 000
-
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000
I POLICY IXl 5'~gT n LOC
AUTOMOBILE LIABILIIY CA 0005458 02/14/2007 02/14/2008 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $ 1,000,000
-
AlL OWNED AUTOS BODILY INJURY
r---- $
SCHEDULED AUTOS (Per person)
A 7
HIRED AUTOS BODIL Y INJURY
X $
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONL y' AGG $ .
EXCESSJUMBRELLA LIABILIIY UMBOO02841 02/14/2007 02/14/2008 EACH OCCURRENCE $ 5,000,000
~ OCCUR o CLAIMS MADE AGGREGATE $ I 5;000,000
B $ !
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND 010-WC06A-54981 02/14/2007 02/14/2008 X I WC STATU- I 10~
EMPLOYERS' LIABILITY OFFICERS INCLUDED 1,000,000
A ANY PROPRIETORlPARTNER/EXECUTIVE EL EACH ACCIDENT $ .
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000
If yes. describe under 1,000,000
SPECIAL PROVISIONS below E,L, DISEASE - POLICY LIMIT $ 1
OTHER
!
-'
p~ESqRIPTlON 9F QPERATlONS f LOCA~ION~ I XEHICLES I ,~XCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS $322,381. 36
ro]: Falrlngton SubdlVlslon 12 Water Main, Augusta, GA Contract Amount
ION
SHOULD ANi OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILIIY
Augusta GA Commission
Room 60S, Municipal Building
August, GA 30911
OF Am KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORUEDREPRESENTATlVE
~?.-k C~_
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
ate: 12/3/2007 Time: 4:48 PM To: Blair @ 9,17068681855
Page: 003- 03
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Revision Date
A.ugust 2001
GENERAL CONDITIONS
ARTICLE I--DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the
meanings indicated, which are applicable to both the singular and plural thereof:
Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by
OWNER to prospective Bidders prior, to the time of opening of Bids.
Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed;
other Contract Documents are attached to the Agreement and made a part thereof as provided therein.
Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in
requesting progress or final payments and which is to include such supporting documentation as is required by
the Contract Documents.
Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work
'to be performed.
Bonds-Bid, performance and payment bonds and other instruments of security furnished by CONTRACTOR
and its Surety in accordance with the Contract Documents.
Change Order-- A document recommended by PROFESSIONAL, which is signed by CONTRACTOR and
OWNER, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price
or the Contract Time, issued on or after the Effective Date of the Agreement
Contract Documents-The Agreement: Addenda (which pertain to the Contract Documents); CONTRACTOR's
Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the
Notice of Award) when attached as an exhibit to the Agreement; the Bonds; these General Conditions; the
Supplementary Conditions; the Plans, Specifications and the Drawings as the same are more specifically
identified in the Agreement; Certificates of Insurance; Notice of Award; and Change Order duly delivered after
execution of Contract together with all amendments, modifications and supplements issued pursuant to
paragraphs 3.3 and 3.5 or after the Effective Date of the Agreement
Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated
in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work).
Contract Time-The number of days (computed as provided in paragraph 17.2.1) or the date stated inthe
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.
Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or
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August 2001
deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to
PROFESSIONAL's recommendation of final payment, unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion (in accordance with paragraph 14,8 or 14.10),
Drawings-The drawings which show the character and scope of the Work to be performed and which have
been prepared or approved by PROFESSIONAL and are referred to in the Contract Documents.
Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no
such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia.
Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which
does not involve a change in the Contract Price or the Contract Time,
General Requirements-Sections of Division I of the Specifications,
Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders.
Notice of Award-The written notice by OWNER to the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement
Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL)
fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to
perform CONTRACTOR'S obligations under the Contract Documents.
OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission.
Partial Utilization-Placing a portion of the Work in service for the purpose for which it is intended or for a
related purpose) before reaching Substantial Completion for all the Work,
PROFESSIONAL-The Architectural/Engineering firm or individual or in-house licensed person designated to
perform the design and/or resident engineer services for the Work,
PROGRAM MANAGER - The professional firm or individual designated as the representative or the OWNER
who shall act as liaison between OWNER and both the PROFESSIONAL and CONTRACTOR when project is
part of an OWNER designated program.
Project-The total construction of which the Work to be provided under the Contract Documents may be the
whole, or a part, as indicated elsewhere in the Contract Documents,
Project Area-The area within which are the specified Contract Limits of the improvements contemplated to be
constructed in whole or in part under this Contract
Project Manager-The professional in charge, serving OWNER with architectural or engineering services, his
successor, or any other person or persons, employed by said OWNER, for the purpose of directing or having
in charge the work embraced in this Contract
Resident Project Representative-The authorized representative of PROFESSIONAL as PROGRAM
MANAGER who is assigned to the site or any part thereof.
Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared
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Revision Date
August 2001
by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and
submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work.
Specifications-Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work and certain
administrative details applicable thereto.
Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other
SUBCONTRACTOR for the performance of a part of the Work at the site.
Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the
opinion of PROFESSIONAL as evidenced by PROFESSIONAL's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with the Contract Documents, 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 paymentis due in accordance with paragraph 14.13. The terms "substantially complete" and
"substantially completed" as applied to any Work refer to Substantial Completion thereof.
Supplementary Conditions-The part of the Contract Documents which amends or supplements these General
Conditions.
Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor.
Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasement containing such facilities which, have been installed
underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, sewage and drainage removal, traffic or other
control systems, or water.
Unit Price Work-Work to be paid for on the basis of unit prices.
Work-The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as
required by the Contract Documents.
Work Change Directive-A written directive to CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by PROFESSIONAL, ordering an addition, deletion or
revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to
be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change
Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that
the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract
Time as provided in Article 10.
Written Amendment-A written amendment of the Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering
or non-technical rather than strictly Work-related aspects of the Contract Documents.
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Revision ~te
August 2001
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.
CopfusofDocumenB:
2.2. After the award of the Contract, OWNER shall furnish CONTRACTOR, at nQ 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 OWNER for review:
2.6.1. an estimated progress schedule indicating the starting and completion dates of the various
stages of the Work:
2.6.2. a preliminary schedule of Shop Drawing and Sample submissions, and
2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of
items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to
serve as the basis for progress payments during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at
the time of submission.
GC-4
Page 4 of 56
Revision Dete
August 2001
2.7, Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to
each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each
insurance policy (and other evidence of insurance which OWNER may reasonably request) which
CONTRACTOR is required to purchase and maintain in accordance with Article 5.
Pre-construction Conference:
2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, OWNER,
PROFESSIONAL and others as appropriate will be held to establish a working understanding among the
parties as to the Work and to discuss the schedules referred to in 2,6 as well as procedures for handling
Shop Drawings and other submittals, processing applications for payment and maintaining required records.
Finalizing Schedules:
2.9, At least ten days before submission of the first Application for Payment, a conference attended by
CONTRACTOR, PROFESSIONAL and OWNER and others as appropriate will be held to finalize the
schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10)
calendar days to make corrections and adjustments and to complete and resubmit the schedules, No
progress payment shall be made to CONTRACTOR until the schedules are submitted and acceptable to
OWNER and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable to
OWNER and PROFESSIONAL as providing an orderly progression of the Work to completion within any
specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL
responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve
CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions and
Sample submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for
reviewing and processing the submissions. CONTRACTOR's schedule of values shall be approved by
PROFESSIONAL as to form and substance.
CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for
maintaining the schedule, including updating schedule. Schedule updates shall include progression of work
as compared to scheduled progress on work. Schedule updates shall accompany each pay request.
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Revision ~tQ
August 2001
ARTICLE 3-CONTRACT DOCUMENTS; INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as
if called for by all. The Contract Documents will be construed in accordance with the law of the State of
Georgia,
3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment
that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as
being required to produce the intended result will be supplied whether or not specifically called for. When
words or phrases which have a well-known technical or construction industry or trade meaning are used to
describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning.
3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the
Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between
the provisions of the Contract Documents and the provisions of any such standard, specification, manual,
code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the
provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an
interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
Clarifications and interpretations of the Contract Documents shall be issued by PROFESSIONAL as provided
in paragraph 9.4.
3.4. Reference to standards, specifications, manuals or codes of any technical society, organization or
association, or to the Laws or Regulations of any governmental authority, whether such reference be specific
or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect
at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may
be otherwise specifically stated in the Contract Documents.
3.5. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any provision of any
such Law or Regulation applicable to the performance of the Work or of any such standard, specification,
manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to
PROFESSIONAL in writing at once and before proceeding with the Work affected thereby and shall obtain a
written interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to
OWNER or PROFESSIONAL for failure to report any conflict, error, ambiguity or discrepancy in the Contract
Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof.
Amending and Supplementing Contract Documents:
3.6. The Contract Documents may be amended to provide for additions, deletions and revisions in the
Work or to modify the terms and conditions thereof in one or more of the following ways: I
I
3.6.1. a formal Written Amendment,
3.6.2. a Change Order (pursuant to paragraph 10.3), or
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Page 6 of 56
Revision Date
August 2()Ol
3.6.3. a Work Change Directive (pursuant to paragraph 10.4).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a
Change Order or a Written Amendment
3.7. In addition, the requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized in one or more of the following ways:
3.7',1. a Field Order (pursuant to paragraph 9.5).
3.7.2. PROFESSIONAL's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and
6.26), or
3.7.3. PROFESSIONAL's written interpretation or clarification (pursuant to paragraph 9.4).
Reuse of documents:
3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire
any title to or OWNERSHIP rights in any of the Drawings, Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of 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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Revision D.!Jte
A.ugust 2001
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 performed, rights-of-way and easements for access thereto, and such other lands which are designated
for the use of CONTRACTOR Necessary easements or rights-of-way will be obtained and expenses will be
borne by OWNER If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or
extent of any adjustments in the Contract Price or the Contract Times asa result of any delay in OWNER's
furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto
that may be required for temporary construction facilities or storage of materials and equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification
of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been
utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have
, been utilized in preparing the Contract Documents.
4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such
reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such
reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER,
PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but
not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to
be employed by CONTRACTOR and safety precautions and programs incident thereto, or
4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any
such data, interpretations, opinions or information.
4.2.3. If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those
ordinarily found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, then CONTRACTOR shall give OWNER notice thereof promptly
before conditions are disturbed and in no event later than 48 hours after first observance of the conditions.
4.2.4. The OWNER and PROFESSIONAL shall promptly investigate such conditions, and, if they
differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for,
performance of any part of the Work, the OWNER and PROFESSIONAL shall recommend an equitable
adjustment in the Contract Price or Contract Time, or both. If the OWNER and PROFESSIONAL determine
that the conditions at the Site are not materially different from those indicated in the Contract Documents or
are not materially different from those ordinarily found and that no change in the terms of the Contract is
justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in writing. The Work shall be
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Page 8 of 56
Revision Da'e
August aOOl
performed after direction is provided by the PROFESSIONAL
Physical Conditions-Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the site is based on information and data
furnished to OWNER or PROFESSIONAL by OWNER'S of such Underground Facilities or by others. Unless
it is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and PROFESSIONAL shall not be responsible for the accuracy or completeness of
any such information or data; and
4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall
have full responsibility for reviewing and checking all such information and data for locating all Underground
Facilities shown or indicated in the Contract Documents, for coordination of the Work with the OWNER'S of
such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph
6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as
having been included in the Contract Price.
4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not
reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof
and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22,
identify the OWNER of such Underground Facility and give written notice thereof to that OWNER and to
OWNER and PROFESSIONAL PROFESSIONAL will promptly review the Underground Facility to determine
the extent to which the Contract Documents should be modified to reflect and document the consequences of
the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to
the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the
existence of any Underground Facility that was not shown or indicated in the Contract Documents and which
CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree
as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and
12.
Reference Points:
4.4. OWNER shall provide Engineering surveys to establish reference points for construction which in
PROFESSIONAL's judgment are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established reference points and shall make no changes or
relocations without the prior written approval of OWNER. CONTRACTOR shall report to PROFESSIONAL
whenever any reference point is lost or destroyed or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such reference
points by professionally qualified personnel.
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material:
GC-9
Page 9 of 56
Revision Date
August 2001
4.5 OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor,
Suppliers or anyone else for whom CONTRACTOR is responsible.
4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition
and in any area affected thereby (except in an emergency as required by 6,22), and (ii) notify OWNER and
PROFESSIONAL (and thereafter confirm such notice in writing). OWNER shall promptly consult with
PROFESSIONAL concerning the necessity for OWNER to retain a qualified expert to evaluate such
hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in
connection with such hazardous condition or in any such affected area until after OWNER has obtained any
required permits related thereto and delivered to CONTRACTOR special written notice (i) specifying that such
condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any
special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot
agree as to entitlement to or the amount or extent of an adjustment, if any: in Contract Price or Contract Times
as a result of such Work stoppage or such special conditions under which Work is agreed by CONTRACTOR
to be resumed, either party may make a claim therefor as provided in Articles 11 and 12,
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 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
asa result of deleting such portion of the Work, then either party may make a claim therefor as provided in
Articles 11 and 12. OWNER may have deleted such portion of the Work performed by OWNER's own forces
or others in accordance with Article 7.
4.7.1 The provisions of 4.2 and 4,3 are not intended to apply to Asbestos, PCBs, Petroleum,
Hazardous Waste or Radioactive Material uncovered or revealed at the site.
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Revision Date
August 2001
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is located or it
ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute
another Bond and Surety, both of which must be acceptable to OWNER
CONTRACTOR's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other
insurance as is appropriate for the Work being performed and furnished and as will provide protection from
claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of
the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed
or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any 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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Revision Date
August 2001
S.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other
than CONTRACTOR's employees;
S.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.S. 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;
S.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or
death of any person or for damage to property; and
5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising
out of the OWNERSHIP, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include the specific coverage's and be written for not less
than the limits of liability and coverage's provided in the Supplementary Conditions, or required by law,
whichever is greater. The comprehensive general liability insurance shall include completed operations
insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or
other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be
canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to
OWNER, PROGRAM MANAGER, and PROFESSIONAL by certified mail. All such insurance shall remain in
effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain
such completed operations insurance for at least two years after final payment and furnish OWNER with
evidence of continuation of such insurance at final payment and one year thereafter.
Contractual Liability Insurance:
S.4. The comprehensive general liability insurance required by paragraph S.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.
S.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 S.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.
S.10. If CONTRACTOR requests in writing that other special insurance be included in the property
insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to
CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been
procured by OWNER.
Waiver of Rights:
S.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 S.6 and
S.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
S.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by
the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event
of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named
as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by
PROFESSIONAL or PROFESSIONAL's consultant, OWNER will obtain the same, and if such waiver forms
are required of any Subcontractor, CONTRACTOR will obtain the same.
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Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be
adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may
appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall
deposit in a separate account any money so received and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work
shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost
thereof covered by an appropriate Change Order or Written Amendment
Receipt and Application of Insurance Proceeds
5.13. OWNER, as trustee, shall have power to adjust and settle any loss with the insurers unless one
of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's
exercise of this power. If such objection be made, OWNER, as trustee, shall make settlement with the
insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any
party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper
performance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance
required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on
the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing
thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph
2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7
on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in
writing thereof within ten days of the date of delivery, of such certificates to CONTRACTOR in accordance with
paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in
respect of insurance provided by each as the other may reasonably request Failure by OWNER or
CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of
such insurance purchased by the other as complying with the Contract Documents.
Partial Utilization-Property Insurance:
5.15. If OWN ER 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 OWNER, 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 of its Work, provided that
any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom
and (b) is caused in whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone
directly or indirectly employed by any of them, or anyone forwhose acts any of them may be liable, whether or
not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder.
5.16.2. In any and all claims against OWNER or any of its agents or employees by any employee of
CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any 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 OWNER and anyone directly or indirectly
employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys'
fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in
connection with any alleged infringement of such rights.
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ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification of a specific means, method, technique, sequence or
procedure of construction which is shown or indicated in and expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work, at all times during its progress, a competent resident
superintendent, who shall not be replaced without written notice to OWNER and PROFESSIONAL except
under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and
shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and
assume full responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities
and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing,
initial operation, and completion of the Work as required by the Contract Documents.
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in
the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected, .used, cleaned and conditioned in accordance with
the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no
provision of any such instructions will be effective to assign to PROFESSIONAL, or any of PROFESSIONAL's
consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of
the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or
9.15.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to PROFESSIONAL for acceptance to the extent indicated in
paragraph 2.9 adjustments in the progress schedule to reflect the impact thereon of new developments;
these will conform generally to the progress schedule then in effect and additionally will comply with any
provisions of the General Requirements applicable thereto.
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Substitutes or "Or-Equal" Items:
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 ofthe item is intended to
establish the type, function and quality required. Unless the name is followed by words indicating that no
substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if
sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material
or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL
will include the following as supplemented in the General Requirements. Requests for review of substitute
items of material and equipment will not be accepted by PROFESSIONAL from anyone other than
CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment,
CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the
proposed substitute will perform adequately the functions and achieve the results called for by the general
design, be similar and of equal substance to that specified and be suited to the same use as that specified.
The application will state that the evaluation and acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute
for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other
direct, contract with OWNER for work on the Project) to adapt the design to the proposed substitute and
whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any
license fee or royalty. All variations of the proposed substitute from that specified will be identified in the
application and available maintenance, repair and replacement service will be indicated. The application will
also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such
substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of
which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may
require CONTRACTOR to furnish, at CONTRACTOR's expense,' additional data about the proposed
substitute.
6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in
or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits
sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar
to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in 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 to
furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.
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6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or
other persons or organizations including those who are to furnish the principal items of materials and
equipment to be submitted to OWNER prior to the Effective Date of the Agreement for acceptance by
OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance with the
Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance or objection in the bidding documents or the
Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be
revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall
submit an acceptable substitute, th~ 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 part of OWNER or PROFESSIONAL to pay or to see to
the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as
may otherwise be required by Laws and Regulations,
6.10, The divisions and sections of the Specifications and the identifications of any Drawings shall not
control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit of OWNER and PROFESSIONAL
and contains waiver provisions as required by paragraph 5,11. CONTRACTOR shall pay each Subcontractor a
just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued
pursuant to paragraphs 5,6 and 5,7,
Patent Fees and Royalties:
6.12, CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use
in the performance of the Work or the incorporation in the Work of any invention, design, process, product or
device which is the subject of patent rights or copyrights held by others. CONTRACTOR shall indemnify and
hold harmless OWNER and PROFESSIONAL and anyone directly or indirectly employed by either 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 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
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process will be considered for time extensions only and no damages or additional compensation for delay will
be allowed,
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work, Except where otherwise expressly required by applicable Laws and
Regulations, neither OWNER nor PROFESSIONAL shall be responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations.
6.14,2. If CONTRACTOR observes that any of the Contract Documents are contradictory to such
laws, rules, and regulations, it will notify the Project Manager promptly in writing, Any necessary changes shall
then be adjusted by an appropriate Change Order. If CONTRACTOR performs any Work that it knows or
should have known to be contrary to such laws, ordinances, rules, and regulations and without such notice to
the Project Manager, it shall bear all related costs.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in.
accordance with the Laws and Regulations of the place of the Project which are applicable during the
performance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment
and the operations of workers to the Project site and land and areas identified in and permitted by the Contract
Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and
easements, CONTRACTOR shall not unreasonably encumber the premises with construction equipment or
other materials or equipment Any loss or damage to CONTRACTOR's or any Subcontractor's equipment is
solely at the risk of CONTRACTOR. CONTRACTOR shall assume full responsibility for any damage to any
such land or area, or to the OWNER or occupant thereof or of any land or areas contiguous thereto, resulting
from the performance of the Work. Should any claim be made against OWNER or PROFESSIONAL by any
such OWNER or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt
to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law,
CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER
harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of
PROFESSIONALs, architects, attorneys and other professionals and court and arbitration costs) arising
directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party
against OWNER to the extent based on a claim arising out of CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris or contaminants resulting from the Work, At the
completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about
the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials,
and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original
condition all property not designated for alteration by the Contract Documents,
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6.18, CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to
stresses or pressures that will endanger them,
Record Documents:
6,19, Contractor shall keep at the site and in good order one record copy of the Contract Documents
and all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all
changes made during the construction process. These shall be available to PROFESSIONAL and the Project
Manager and shall be submitted with the Application for Final Payment.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work, CONTRACTOR shall assume all risk of loss for stored
equipment or materials, irrespective of whether CONTRACTOR has transferred the title of the stored
equipment or materials to OWNER. CONTRACTOR shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury or loss to:
6.20,1, all employees on the Work and other persons and organizations who may be affected
thereby;
6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or
off the site; and
6.20,3, other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or
replacement in the course of construction,
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction
for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and protection, CONTRACTOR shall notify OWNERs of
adjacent property and of Underground Facilities and utility OWNERs when prosecution of the Work may affect
them, and shall cooperate with them in the protection, removal, relocation and replacement of their property,
All damage, injury or loss to any property referred to in paragraph 6.20,2 or 6.20,3 caused, directly or
indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person. or
organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or
PROFESSIONAL or anyone employed by either of them or anyone for whose acts either of them may be
liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON-
TRACTOR), CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall
continue until such time as all the Work is completed and PROFESSIONAL has issued a notice to OWNER
and CONTRACTOR in accordance, with paragraph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Completion),
6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the
prevention of accidents at the site, This person shall be CONTRACTOR's superintendent unless otherwise
designated in writing by CONTRACTOR to the Project Manager.
Emergencies:
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6,22, In emergencies affecting the safety or protection of persons or the Work or property at the site
or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROFESSIONAL or
OWNER, is obligated to act to prevent threatened damage, injury or loss, CONTRACTOR shall' give
PROFESSIONAL prompt written notice if CONTRACTOR believes that any significant changes in the Work or,
variations from the Contract Documents have been caused thereby. If PROFESSIONAL determines that a
change in the Contract Documents is required because of the action taken in response to an emergency, a
Work Change Directive or Change Order be issued to document the consequences of the changes or
variations,
6,22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving injuries to
any person on the Site, whether or not such person was engaged in the construction of the Project, and shall
file a written report on such person(s) and any other event resulting in property damage of any amount within
five (5) days of the occurrence,
6.22.2, If PROFESSIONAL determines that a change in the Contract Documents is required because
of the action taken by CONTRACTOR in response to such an emergency, a Change Order will be issued to
document the consequences of such action,
Shop Drawings and Samples:
6,23, After checking and verifying all field measurements, CONTRACTOR shall promptly submit to
PROFESSIONAL for approval, in accordance with the accepted schedule of submittals, all submittals and
samples required by the ContractDocuments. All submittals and samples shall have been checked by and
stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require, The data
shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any
other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of
each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or
sample may have from the requirements of the Contract Documents.
6,24, PROFESSIONAL shall review and approve submittals and samples. Professional's review and
approval shall be only for conformance with the design concept of the Project and compliance with the
information given in the Contract Documents. The approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by
PROFESSIONAL and resubmit the required number of corrected copies until approved, CONTRACTOR's
stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and
OWNER that CONTRACTOR has determined and verified all quantities, dimensions, field construction
criteria, materials, catalog numbers, and similar data, and that each submittal or sample has been reviewed or
coordinated with the requirements of the Work and the Contract Documents.
6,24.1. No Work requiring a submittal or sample submission shall commence until the submission
has been approved by PROFESSIONAL. A copy of each approved submittal and each approved sample shall
be kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and OWNER.
Any delays associated with the submittal process will be considered for time extensions only, and no damages
or additional compensation for delay will be allowed,
6.24.2, Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined
and verified all quantities, dimensions, specified performance criteria, installation requirements, materials,
catalog numbers and similar data with' respect thereto and reviewed or coordinated each Shop Drawing or
sample with other Shop Drawings and samples and with the requirements of the Work and the Contract
Documents.
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August 2001
6.24.3. At the time of each submission, CONTRACTOR shall give PROFESSIONAL specific written
notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to
PROFESSIONAL for review and approval of each such variation.
6.26. PROFESSIONAL will review and approve with reasonable promptness Shop Drawings and
samples, but PROFESSIONAL's review and approval will be only for conformance with the design concept of
the Project and for compliance with the information given in the Contract Documents and shall not extend to
means, methods, techniques, sequences or procedures of construction (except where a specific means,
method, technique, sequence or procedure of construction is indicated in or required by the Contract
Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item
as such will not indicate approval of the assembly in which the item functions.
6.27. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has,
in writing, called PROFESSIONAL's attention to each such variation at the time of submission and the
OWNER has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not
relieve CONTRACTOR from responsibility for errors or omissions in the submittals.
6.28. Where a shop drawing or sample is required by the Contract Documents or the schedule of
shop drawings and sample submissions accepted by PROFESSIONAL as required, any related work
performed prior to PROFESSIONAL's review and approval of the pertinent submittal will be at the sole
expense and responsibility of CONTRACTOR.
Continuing the Work:
6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may
otherwise agree in writing.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and
other debris or contaminants resulting from the work on a daily basis or as required. At the completion of the
work,. CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools,
construction equipment and machinery, and surplus materials and will leave the Site clean and ready for
. occupancy by OWNER. All disposal shall be in accordance with applicable laws and Regulations. In addition
to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain
the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original
condition those portions of the site not designated for alteration by the Contract Documents.
Indemnification:
6.32. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and
hold harmless OWNER, PROGRAM MANAGER and PROFESSIONAL and their consultants, agents and
employees from and against all claims, damages, losses and expenses, direct, indirect or consequential
(including but not limited to fees and charges of PROGRAM MANAGER, PROFESSIONAls, architects,
attorneys and other PROFESSIONAls and court and arbitration costs) arising out of or resulting from the
performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily
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injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself)
including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, .
regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by
Law and Regulations regardless of the negligence of any such party.
6.33. In any and all claims against OWNER, PROGRAM MANAGER or PROFESSIONAL or any of
their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited
in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
6.34. The obligations of CONTRACTOR under paragraph 6.32 shall not extend to the liability of
PROFESSIONAL, PROFESSIONAL's consultants, agents or employees arising out of the preparation or
approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications.
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ARTICLE 7---0THER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have
other work performed by aided OWNERs or let other direct contracts therefor which shall contain General
Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract
Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work, and, if
CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires
additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
7.1.2. CONTRACTOR shall afford each utility OWNER and other contractor who is a party to such a
direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees, proper
and safe access to the site and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work
of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the
written consent of PROFESSIONAL and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility OWNERs and other
contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct
contracts between OWNER and such utility OWNERs and other contractors.
7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of
any such other contractor or utility OWNER (or OWNER), CONTRACTOR shall inspect and promptly report to
PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an
acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or
nonapparent defects and deficiencies in the other work.
Coordination:
7.4. If OWN ER 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 OWN ER nor PROFESSIONAL shall have any authority or responsibility in
respect of such coordination. '
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ARTICLE 8---0WNER'SRESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all
communications to CONTRACTOR through the PROGRAM MANAGER or PROFESSIONAL.
8.2. In case of termination of the employment of PROFESSIONAL, OWNER shall appoint a
PROFESSIONAL against whom CONTRACTOR makesno reasonable objection, whose status under the
Contract Documents shall be that of the former PROFESSIONAL. Any dispute in connection with such
appointment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and
14.13.
8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys
to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's
identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface
conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the
Drawings and Specifications.
8,5. OWNER's responsibilities in respect of purchasing and maintaining liability and property
insurance are set forth in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3.
8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and
15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain
circumstances.
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ARTICLE 9---PROFESSIONAL'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. PROFESSIONAL will be OWNER's representative during the construction period. The duties and
responsibilities and the limitations of authority of PROFESSIONAL as OWNER's representative during
construction are set forth in the Contract Documents and shall not be extended without written consent of
OWNER and PROFESSIONAL.
Visits to Site:
9.2. PROFESSIONAL will make visits to the site at intervals appropriate to the various stages of
construction to observe the premises and quality of the executed Work and to determine, in general, if the
Work is proceeding in accordance with the Contract Documents. PROFESSIONAL will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.
PROFESSIONAL's efforts will be directed toward providing for OWNER a greater degree of confidence that
the completed Work will conform to the Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design PROFESSIONAL, PROFESSIONAL will keep OWNER
informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in
the Work.
Project Representation:
9.3. If OWNER and PROFESSIONAL agree, PROFESSIONAL will furnish a Resident Project
Representative to assist PROFESSIONAL in observing the performance of the Work. The duties,
responsibilities and limitations of authority of any such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at
the site who is not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of
authority of such other person will be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably
requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of
the Contract Documents. If CONTRACTOR believes that a written clarification and interpretation entitles it to
an increase in the Contract Price and/or Contract Time, CONTRACTOR may make a claim as provided for in
Articles 11 or 12.
Authorized Variations in Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order
and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If
CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may
make a claim therefor as provided in Article 11 or 12.
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Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL
believes to be defective and will also have authority to require special inspection or testing of the Work as
provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings and samples, see
paragraphs 6.23 through 6.29 inclusive.
9.8. In connection with PROFESSIONAL's responsibilities as to Change Orders, see Articles 10, 11
and 12.
9.9. In connection with PROFESSIONAL's responsibilities in respect of Applications for Payment,
etc., see Article 14.
Determinations for Unit Prices:
9.10. PROFESSIONAL will determine the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR. PROFESSIONAL will review with CONTRACTOR PROFESSIONAL's
preliminary determinations on such matters before rendering a written decision thereon (by recommendation
of an Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and
binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either
OWNER or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL written
notice of intention to appeal from such a decision.
Decisions on Disputes:
9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents
and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the
performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes to the
Contract Price or Contract Time will be referred initially to PROFESSIONAL in writing with a request for a
formal decision in accordance with this paragraph, which PROFESSIONAL will render in writing within a
reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant
to PROFESSIONAL and the other party to the Agreement promptly (but in no event later than thirty days after
the occurrence 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 notbe 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 condition
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P:evision [)ate
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precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise
have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other
matter.
Limitations on PROFESSIONAL's Responsibilities:
9.13. Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract
Documents nor any decision made in good faith to exercise such authority shall give rise to any duty or
responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees.
9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques,
sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be
responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.
9.15. PROFESSIONAL shall not be responsible for the acts or omissions of CONTRACTOR, any
Subcontractors, any agents or employees, or any other persons performing any of the Work.
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ARTICLE 10--CHANGES IN THE WORK
10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions,
deletions, or revisions in the Work. The OWNER shall provide CONTRACTOR with a proposal request,
identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a
written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request
calls only for the deletion of Work, the OWNER may order the partial suspension of any Work related to the
proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR shall
not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable
conditions of the Contract Documents.
10.2. Additional Work perfor"med by CONTRACTOR without authorization of a Change Orderwill not
entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the
case of an emergency as provided in Article 6. The effect of this paragraph shall remain paramount and shall
prevail irrespective of any conflicting provisions contained in these Contract Documents.
10.3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency
as provided in Article 6, and any other claim of CONTRACTOR for a change in the Contract Time or the
Contract Price, PROFESSIONAL will prepare a written Change Order to be signed by PROFESSIONAL and
CONTRACTOR and submitted to OWNER for approval.
10.4. In the absence of an agreement as provided in 10.3, OWNER may, at its sole discretion, issue a
Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance with
Section 11.3. The Work Change Directive will specify a price, and if applicable a time extension, determined
to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Change Directive I CONTRACTOR
may submit a claim in accordance with Articles 11 and 12, but CONTRACTOR shall nevertheless be obligated
to fully perform the work as directed by the Work Change Directive.
10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or ContractTime) is required by the provisions of any
Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the
amount of each applicable Bond will be adjusted accordingly.
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ARTICLE 11-CHANGE OF CONTRACT PRICE
11,1, The Contract Price constitutes the total compensation (subject to written authorized
adjustments) payable to CONTRACTOR for performing the Work, All duties, responsibilities and obligations
assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the
Contract Price.
11,2. The Contract Price may only be changed by a Change Order or by a Written Amendment Any
claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party
making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days)
after the occurrence of the event giving rise to the claim and stating the general nature of the claim, Notice of
the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless
PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts
(direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event
All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in accordance with
paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved, No claim for
an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the
Contract Price will be determined by the following procedures:
11.3,1. Designated Unit Price (Field Measure).' CONTRACTOR and OWNER recognize and
acknowledge that the quantities shown for those items designated in the Bid Proposal as unit price items are
approximations prepared by OWNER for bid purposes and that the actual compensation payable to
CONTRACTOR for the utilization of such items is based upon the application of unit prices to the actual
quantities of items involved as measured in the field and required to complete the Work as originally defined in
the Contract Documents.
11,3,2. When it is determined by OWNER that an addition, deletion, or revision to the Work, as
defined in these Contract Documents, is required and affects the quantities required for items designed in the
Bid Proposal as unit price items, CONTRACTOR and OWNER agree that the compensation payable to
CONTRACTOR for such unit price items shall be adjusted accordingly by a Change Order based upon the
application of the appropriate unit prices shown in the Bid Proposal to the quantity of the unit price item
required to complete the Work as 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 on
a price for the changed work, a reasonable price for the same shall be established by OWNER in accordance
with 11.4 and 11,5. OWNER shall then process a unilateral Change Order, specifying the said reasonable
price, in accordance with 11.4 through 11.6. CONTRACTOR shall perform the Work as directed in the
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Change Order.
11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions
within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs
to OWNER; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the
discretion of OWNER Determinations of aggregate monetary change for items identified as lump sum
quantities shall be made by OWNER based upon an analysis of the scope of CONTRACTOR's failure to
construct to plan or authorized dimensions.
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by
OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR Payroll costs for
employees not employed full time on the Work shall be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits
which shall include social security contributions, unemployment, excise and payroll taxes, workers' or
workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of
performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER
11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue to OWNER. Trade discounts, rebates and
refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors
acceptable to CONTRACTOR and shall deliver such bids to OWNER who then 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 CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions
of the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties connected with the Work.
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11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies. equipment.
machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers.
which are consumed in the performance of the Work, and cost less market valUe of such items used but not
consumed which remain the property of CONTRACTOR. I
11.4.5.3. Rentals of all construction equipment and machinery and th~ 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, aL for which CONTRACTOR is
liable. imposed by Laws and Regulations. I
11.4.5.5. Deposits lost for causes other than negligence of CONTR~CTOR, any Subcontractor or
anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty
payments and fees for permits and licenses. I
11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of
the Work (except losses and damages within the deductible amounts of property insurance established by
OWNER in accordance with paragraph 5.6) provided they have resulted I 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, CONTRACTlDR 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. I
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 ofthe deductible amounts established by
OWNER in accordance with paragraph 5.6. I
11.5. The term Cost of the Work shall not include any of the following:
I '
11.5.1. Payroll costs and other compensation of CONTRACTOR'so~icers, executives, principals (of
partnership and sole proprietorships), general managers, engineers. architects, estimators, attorneys.
auditors. accountants, purchasing and contracting agents. expeditors, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office
for general administration of the Work and not specifically included in thel agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be
considered administrative costs covered by CONTRACTOR's Fee. I
11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's
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office at the site.
11.S.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.S.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.S.9 above).
11.5.S. 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 shail be
fifteen percent,
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a
subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors shall be fifteen percent,
11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and
11.3,
11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change
which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in
CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and
11.6.2.S. when both additions and credits are involved in any one 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
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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 unloading and handling on the site, labor, installation costs,
overhead, profit and other expenses contemplated for the allowances have been included in the Contract
Price and not in the allowances. No demand for additional payment on account of any thereof will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by PROFESSIONAL to
reflect actual amounts due CONTRACTOR.on account of Work covered by allowances, and the Contract
Price shall be correspondingly adjusted.
Unit Price Work:
11.9.1.' Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all UnitPrice Work an amount equal to the sum of the
established unit prices for each separately identified item of Unit Price Work times the estimated quantity of
each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not
guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR
will be made by PROFESSIONAL in accordance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be
adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs
materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no
corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that
CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an
increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount '
of any such increase.
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:Revision Date
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ARTICLE 12~-CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change Order. Any request for an extension in
the Contract Time shall be made in writing and delivered to PROFESSIONAL and OWNER within seven (7)
calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be
submitted to PROFESSIONAL and OWNER within fifteen (15) calendar days after such occurrence unless the
OWNER allows additional time. All claims submitted by CONTRACTOR for adjustments to the Contract Time
must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was
beyond CONTRACTOR's control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or
completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or
by any separate CONTRACTOR employed by OWNER, or by changes ordered in the Work, or by labor
disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by
CONTRACTOR using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the
Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine.
CONTRACTOR shall be entitled to an extension of time for such causes only for the number of days of delay
which OWNER may determine to be due solely to such causes and only to the extent such occurrences
actually delay the completion of the Work and then only if CONTRACTORshall 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 ofthe Work for any cause whatsoever, including those for which
OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty
to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's
sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of
any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the
procedures set forth herein.
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ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1. CONTRACTOR warrants and guarantees to OWNER that all materials and equipment will be
new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner,
free from faults or defects, and in accordance with the requirements of the Contract Documents and any
inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work
not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all
applicable building, construction and safety requirements shall be considered defective. Notice of all defects
shall be given to CONTRACTOR by PROFESSIONAL. All defective work, whether or not in place, may be
rejected, corrected, or accepted as provided in this Article.
Access to Work:
13.2. For the duration of the Work, PROFESSIONAL and its representatives, other designated
representatives of OWNER, and authorized representatives of any regulatory agency shall at all times be
given access to the Work. CONTRACTOR shall provide proper facilities for such access and observation of
the Work and also for any inspection or testing by others.
Tests and Inspections:
13.3. If the Contract Documents"laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than
CONTRACTOR, CONTRACTOR shall give PROFESSIONAL timely notice of readiness therefore.
13.4. The testing firm(s) (if assigned by OWNER to this Work) and all such inspections, tests, or
approvals provided for by OWNER shall be identified in writing by PROFESSIONAL to CONTRACTOR. All
other inspections, tests or approvals shall be at CONTRACTOR's expense including additional expenses for
inspection and tests required as a result of delays by CONTRACTOR or hours worked in excess of 40 hours
per week. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled
away from the site, CONTRACTOR will furnish PROFESSIONAL with the required Certificates of Inspection,
testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society
for Testing and Materials or such other applicable organizations as may be required by law or the Contract
Documents. Materials or Work in place that fail to pass acceptability tests shall be retested at the direction of
PROFESSIONAL and at CONTRACTOR's expense.
13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any
public body having jurisdiction shall be performed by organizations acceptable to OWNER and
CONTRACTOR (or by PROFESSIONAL if so specified).
13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered
without written concurrence of PROFESSIONAL, it must, if requested by PROFESSIONAL, be uncovered for
observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given
PROFESSIONAL timely notice of CONTRACTOR's intention to cover the same and PROFESSIONAL has not
acted with reasonable promptness in response to such notice.
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13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or
approvals by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the
Work in accordance with the requirements of the Contract Documents,
Uncovering Work:
13,8. If any Work required to be inspected, tested or approved is covered prior thereto 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, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not
limited to fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs), and
OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to
agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11, If, however,
such Work is not found to be defective, CONTRACTOR-shall be allowed an increase in the Contract Price or
an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation,
inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12,
OWNER May Stop the Work:
13,10. When Work is defective or when CONTRACTOR fails to supply sufficient skilled workmen or
suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or
equipment or if CONTRACTOR violates any provisions of these Contract Documents, OWNER may order
CONTRACTOR to stop the Work until the cause for such order has been eliminated. However, this right of
OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the
benefit of CONTRACTOR or any other party. CONTRACTOR shall have no right to claim an increase in the
Contract Price or Contract Time or other damages for a stop work order under this paragraph,
Correction or Removal of Defective Work:
13.11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER
and as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or
completed, or remove it from the site and replace it with non-defective Work. If CONTRACTOR does not
correct such defective Work or remove and replace such defective Work within a reasonable time, as
specified in a written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and
indirect costs of such correction shall be paid by CONTRACTOR or deducted from payment to
CONTRACTOR. CONTRACTOR will also bear the expense of correcting or removing and replacing all Work
of others destroyed or damaged by the correction, removal, or replacement of the defective Work,
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One Year Correction Period:
13.12. If, after approval of final payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Documents, any Work or materials are found to be
defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such
defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-clefective
Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have
the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such
removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and
other professionals) will be paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER
(and, prior to PROFESSIONAL's recommendation of final payment, PROFESSIONAL) prefers to accept it,
OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to
OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by
PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals). If any such acceptance occurs prior to PROFESSIONAL's
recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim
therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time after written notice of PROFESSIONAL to
proceed to correct defective Work or to remove and replace rejected Work as required by PROFESSIONAL in
accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR falls to comply with any other provision of the Contract Documents,
OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In
exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously, to the extent
necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part
of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto,
take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and
incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees such access to the site as may be necessary to enable OWNER to
exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER
in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to
reasonableness by PROFESSIONAL, and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may
make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but
not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs
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and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or
replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the
Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of
OWNER's rights and remedies hereunder.
Neglected Work by CONTRACTOR
13.15. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents,
including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit
a recovery plan and take specific 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 engineers shall be identified to
CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress
payments and will be incorporated into a form of application for Payment acceptable to Project Manager.
Progress payments on account of Unit Price Work will be based on the number of units completed.
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date established for each progress payment (but
not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application
for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the
application and accompanied by such supporting documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and
suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the
materials and equipment free and clear of all liens and evidence that the materials and equipment are covered
by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which
will be satisfactory to OWNER Paymentis subject to a ten percent (10%) retainage that will be held until the
final payment or acceptance by OWNER The amount of retainage with respect to progress payments will be
as stipulated in the Agreement
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment
covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no
later than the time of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or
return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to
recommend payment In the latter case, CONTRACTOR may make the necessary corrections and resubmit
the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for
payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount
recommended.
14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Paymen~
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
Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests
called forin the Contract Documents, to a final determination of quantities and classifications for Unit Price
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Work under paragraph 9.10, and to any other qualifications stated in the recommendation; and that
CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such
payment, PROFESSIONAL will not thereby be deemed to have represented that exhaustive or continuous
on-site inspections have been made to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to PROFESSIONAL in the Contract Documents or that there may not be
other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by
OWNER or OWNER to withhold payment to CONTRACTOR
14.6. PROFESSIONAL's recommendation of final payment will constitute an additional representation
by PROFESSIONAL to OWNER that the conditions precedent to CONTRACTOR's being entitled to final
payment as set forth in paragraph 14.13 have been fulfilled.
14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in
PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER PROFESSIONAL
may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent
a's may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has been damaged requiring correction or
replacement.
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order.
14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with
paragraph 13.14. or
14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any ofthe events enumerated in
paragraphs 15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims
have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or
Liens have been filed in connection with the Work or there are other items entitling OWNER to a off-set
against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a
copy to PROFESSIONAL) stating the reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR
shall notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for
items specifically listed by CONTRACTOR as incomplete) and request that PROFESSIONAL issue a
certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of the Work to determine the status of completion. If
PROFESSIONAL does not consider the Work substantially complete, PROFESSIONAL will notify
CONTRACTOR in writing giving the reasons therefor. If PROFESSIONAL considers the Work substantially
complete, PROFESSIONAL will prepare and deliver to OWNER a tentative certificate of Substantial
Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a
tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after
receipt of the tentative certificate during which to make written objection to PROFESSIONAL as to any
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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 aforesaid recommendation will be
binding on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct
items on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i)
has specifically been identified in the Contract Documents, or (ii) OWNER, PROFESSIONAL, and
CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by
OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the
remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the
following:
14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If
CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROFESSIONAL that said part of the
Work is substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion
for that part of the Work. CONTRACTOR at any time may notify OWNER and PROFESSIONAL in writing that
CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and
request PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a
reasonable time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an
inspection of that part of the Work to determine its status of completion. If PROFESSIONAL does not consider
that part 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. OWN ER may at any time request CONTRACTOR, in writing, to permit OWNER to take over
operation of any such part of the Work although it is not substantially complete. A copy of such request will be
sent to PROFESSIONAL and, within a reasonable time thereafter, OWNER, CONTRACTOR and
PROFESSIONAL shall make an inspection of that part of the Work to determine its status of completion, and
PROFESSIONAL will prepare a list of the items remaining to be completed or corrected thereon before final
payment. If CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that such part of the
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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 ofthe Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion
thereof is complete, PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will
notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi-
ciencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of
PROFESSIONAL and OWNER and delivered in accordance with the Contract Documents all maintenance
and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required
by 5.2, certificates of inspection, marked-up record documents and other documents, CONTRACTOR may
make application for final payment following the procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the evidence of insurance required, (ii) consentofthe surety,
if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of
all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as
approved by OWNER, CONTRACTOR may furnish receipts or release in full and an affidavit of
CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which
a lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with
the Work for which OWNER or OWNER's property might in any way be responsible have been paid or
otherwise satisfied, If any Subcontractor or supplier fails to furnish such a release or receipt in full,
CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against
any lien.
14.12.1. No application for final payment will be accepted by OWNER until approved as-built
documents by CONTRACTOR are accepted and approved by PROFESSIONAL.
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14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER
and PROFESSIONAL are under no duty or obligation whatsoever to any vendor, materials provider,
Subcontractor, laborer or other party to ensure that payments due and owing by CONTRACTOR to any of
them are or will be made. Such parties shall rely only on CONTRACTOR's surety bonds for remedy of
nonpayment by him. CONTRACTOR agrees to defend and resolve all claims made by Subcontractors,
indemnifying OWNER and PROFESSIONAL for all claims arising from or resulting from Subcontractor or
supplier or material men or laborer services in connection with this project.
14. 12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any
damages sustained, including lost profits, resulting from CONTRACTOR's failure or refusal to perform the
work required by these contract documents.
Final Payment and Acceptance:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. Neither recommendation of any progress or final
payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor
any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or
occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER
nor any failure to do so, nor any review and approval of a Shop Drawing or sample
submission, nor the issuance of a notice of acceptability by PROFESSIONAL pursuant to
paragraph 14.13, nor any correction of defective Work by OWNER will constitute an
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acceptance of Work not in accordance with the Contract Documents ora 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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ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a
period'of not more than ninety days by notice in writing to CONTRACTOR and PROFESSIONAL which will fix
the date on which Work will be resumed, CONTRACTOR shall resume the Work on the date so fixed.
CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or
both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided
in Articles 11 and 12.
Termination For Cause:
15.2. Upon the occurrence of anyone or more of the following events:
15.2, 1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code
(Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or
similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating
to the bankruptcy or insolvency;
15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now
or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief
against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or
insolvency;
15.2.3, if CONTRACTOR makes a general assignment for the benefit of creditors;
15,2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law
or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the
purpose of enforcing a Lien against such property or for the purpose of general administration of such property
for the benefit of CONTRACTOR's creditors;
15,2,5. if CONTRACTOR admits in writing an inability to pay its debts generally, as they become due;
15.2.6, if CONTRACTOR fails to perform the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under paragraph 2,9 as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;
15.2.8. if CONTRACTOR disregards the authority of PROFESSIONAL; or
15.2.9, if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract
Documents,
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to
the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude
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CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and use the same to the full extent they could be used by
CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all
materials and equipment stored atthe site or for which OWNER has paid CONTRACTOR butwhich are
stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall
not be entitled to receive any further payment until the Work is finished, If the unpaid balance of the Contract
Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to
fees and charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and
arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to
reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or
remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work
performed.
15,3, In the event OWNER terminates the contract for cause and it is subsequently judicially
determined that there was no cause for termination, the termination for convenience provision Will be the
means for disposition of the balance of the contract obligations,
Termination for Convenience
15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER
may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the
Contract. In such case, CONTRACTOR shall be paid (without duplication of any items):
15.4.1, For completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such
Work;
15.4.2. For expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials or equipment as required by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination,
15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will
not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability,
CONTRACTOR May Stop Work or Terminate:
15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a period of more than
GC-47
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Revision Date
August 2001
ninety calendar days by OWNER or under an order of court or other public authority, or PROFESSIONAL fails
to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty-one days
to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may upon seven working
days' written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not
remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER
payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to
any other right or remedy, if PROFESSIONAL has failed to act on an Application for Payment within thirty days
after it is submitted or OWNER has failed for thirty-one calendar days after it is submitted to pay
CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to
OWNER and PROFESSIONAL stop the Work until receipt of payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions of this paragraph are not intended to preclude
CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract
Time or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the
obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without
delay during disputes and disagreements with OWNER.
GC-48
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Revision Date
August 2001
ARTICLE 16--DISPUTE RESOLUTION
16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or both,
or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the
commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers
pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but
shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character
and scope. In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not
presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if
the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its
commencement, the claim will be considered only for a period commencing ten (10) working days prior to the
receipt by OWNER of notice thereof. Each decision by OWNER will be in writing and will be mailed to
CONTRACTOR by registered or certified mail, return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR
arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia
Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract
consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to
contest same.
GC-49
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Revision Date
August 2001
ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail,
postage prepaid, to the last business address known to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed
to exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be
omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall
constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of
any error, omission or act of the other party or of any of the other party's employees or agents or others for
whose acts the other party is legally liable, claim should be made in writing to the other party within a
reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or
repose.
17.4. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees
and obligations imposed upon CONTRACTOR by paragraphs 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all
of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are
not to be construed "in any wayas a limitation of, anyrights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to
which they apply. All representations, warranties and guarantees made in the Contract Documents will survive
final payment and termination or completion of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this
Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of
five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to
audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the
period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be
conducted only during normal business hours. OWNER, during this period of time, shall also have the right to
obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the
aforesaid records and supporting documentation.
GC-50
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Revision Date
August 2001
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1 ,et seq. In the event any provision of the
Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract
Documents shall control.
17.7. Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and
CONTRACTOR specifically waives any claim to same.
Substitutions:
17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of
materials that are not determined to be equivalent to those indicated or required in the contract documents
without an amendment to the contract.
Sanitary Sewer Overflow Prevention:
17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction:
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to
waters of the State is a violation of Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This
plan will include a Iistof key personnel with 24-hour contact information who will respond during an emergency
situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any
changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT
REPRESENTATIVE prior to implementation.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans
and supporting calculations must be submitted to the Augusta Utilities Department for review prior to
establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if
failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the
State.
17.9.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation
and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to
waters of the State.
17.9.5 In the event of a discharge of untreated wastewater, the CONTRACTOR will take the following
actions:
1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater.
2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT
PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction
conference).
3. Maintain a chronicle of relevant information regarding the incident including specific actions taken
by the CONTRACTOR and estimates of the discharge volume.
17.9.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia
Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if
GC-51
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Revision Date
August 2001
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, the Utilities
Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be
the responsibility of the CONTRACTOR.
17.9.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by
the Utilities Department to assess potential mitigation measures that may be required ofthe CONTRACTOR.
PROGRAM MANAGER:
17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Say Street, Suite 100 Augusta,
GA 30901.
The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite
representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in
any way responsible for those duties that belong to OWNER and lor the CONTRACTOR or other entities, and
do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including,
but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the construction Contract
Documents and any health and safety precautions required by such construction work.
PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control
over any construction contractor or other entity or their employees in connection with their work or any health
or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or
safety deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM
MANAGER's own personnel.
The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to
OWNER a greater degree of confidence that the completed construction work will conform generally to the
construction documents and that the integrity of the design concept as reflected in the construction documents
has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither
guarantees the performance of the construction contractor(s) nor assumes responsibility for construction
contractor's failure to perform work in accordance with the construction documents.
For this AGREEMENT only, construction sites include places of manufacture for materials incorporated into
the construction work, and construction contractors include manufacturers of materials incorporated into the
construction work
GC-52
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SECTION SGC
SUPPLEMENTAL GENERAL CONDITIONS
CONTRACTOR'S Liability Insurance
Insurance shall be written with limits of liability shown below or as required by law, whichever
is greater:
. Commercial General Liability (per occurrence) Each Occurrence
. General Aggregate
. Products
. Personal & Adv Injury
. Fire Damage
. Automobile Liability (any auto) Combined Single Limit
. Excess Liability (Umbrella) Each Occurrence
. Workers Compensation
. Employer Liability
$1,000,000
$ 2,000,000
$ 2,000,000
$ 1,000,000
$ 500,000
$1,000,000
$5,000,000
Statutory Limits
$1,000,000
SGC
SECTION SC-O
I INDEX TO SPECIAL CONDITIONS
SECTION
SC-01 Special Condition #1 - PROPOSED 1211 DIP W A TERMAIN
CROSSING (BELOW) EXISTING SEWER MAINS
SC-02 Special Condition #2 - PROPOSED 12" DIP W ATERMAIN CROSSING
EXISTING ASBESTOS CEMENT PIPE
SC-03 Special Condition #3 - Asphalt Overlay
SECTION SC
SPECIAL CONDIDONS
01 Special Condition #1 PROPOSED 12" DIP W ATERMAIN
CROSSING (BELOW) EXISTING SEWER MAINS
This work shall be performed per the Special Detail PROPOSED 12" DIP WATERMAIN
CROSSING (BELOW) EXISTING SEWER MAINS shown on Sheet 7 on the Construction
Plans. This work will be included in Bid Item W-1H: 20" diameter PVC water transmission main
C 905, Gass 200. Spacer and End Seals will be included in the payment of Bid Item W-1H, per
foot price.
02 Special Condition #2 PROPOSED 12" DIP WATERMAIN CROSSING
EXISTING ASBESTOS CEMENT PIPE
An existing Asbestos Cement watermain is located in the intersection on Lincolnton Pkwy -
Kevin Road. This work shall be performed per the ADD DETAIL - SANITARY SEWER MAIN
INSTALLATION shown on Sheet 7 on the Construction Plans. This work will be included in Bid
Item W-2B (8" diameter ductile iron water transmission main Class 350, standard joint) and Bid
Item W-7 (8" Diameter Transition Couplings). Payment for removal and disposal of the
ASBESTOS CEMENT PIPE shall be included in Bid Item W-2B. The removal and disposal of
the ASBESTOS CEMENT PIPE must meet Local, State and Federal R:egUlations.
Certification to perform this work may be required. .
03 Special Condition #3 ASPHALT OVERLAY
After watermain installation is complete, the contractor will Mill the opposite side of the road
which the watermain has been installed, 6' with from 0 to 1 112" at the curb and gutter, Bid Item P-
4. All existing manhole rims and water valves cover shall be raised, Bid Item LS-1. Then the
entire area will be re-surfaced, Bid Item P-1 (Asphalt overlay, type P, 11/2" thick minimum).
SC-l
SECTION
TS-01
TS-02
TS-03
TS-04
TS-05
TS-06
General Design Guidelines
SECTION TS-O
INDEX TO TECHNICAL SPECIFICA nONS
Design and Construction Specifications
Materials and Methods
Installation
Manhole Frames and Covers
Excavation and backfilling
TS-O
SECTION TS
TECHNICAL SPECIFICATIONS
TS-Ol General Design Guidelines
All water distribution system designs shall conform to the requirements as set forth in
"Minimum Standards for Public Water" (GA EPD, 2000) as published by the Georgia
Environmental Protection Division (http://www.dnr.state.ga.us/dnr).
There shall be no physical connection between a potable water supply and a questionable
water supply which would allow unsafe (contaminated) water to enter the potable water
system by direct pressure, vacuum, gravity or any other means.
TS-02 Design and Construction Specifications
2.1 Spatial Guidelines
2.1.1 Cover
Standard cover requirements are as follows:
2.1.1.a Standard depth of cover is 4 feet below existing and proposed road
surface (and areas designed for normal traffic loading) unless otherwise
approved by ADD.
2. 1. 1.b Minimum cover to finished grade over water mains shall be 36 inches.
Minimum cover under ditch bottoms shall be 24 inches. Any variance in
minimum cover must be approved by AUD on a case-by-case basis.
2.1.1.c In the event the shoulder of the road should rise above the roadway level,
the water main shall be placed at a depth to maintain 4 feet below the road
surface in order to keep a four foot depth for future driveway cuts.
2.1.2 Horizontal Separation
Unless otherwise specified, horizontal spacing should conform to the following rules,
where all separation distances listed are edge to edge:
2.1.2.a Ten (10) feet to any existing or proposed wastewater lines or force main,
storm sewer or sewer manhole. Horizontal separation of less than 10 feet
requires pipe material to be DIP for water mains, wastewater lines or
force mains.
2.1.2. b Fifteen (15) feet to buildings, top of bank of lakes, streams, creeks or other
structures. Ten (10) feet is considered the absolute minimum, and will
only be considered by AUD when unavoidable. If separation distance is
less than ten (10) feet, the pipe material is required to be DIP.
2.1.2.c Where horizontal separations between water and sewer cannot be met,
water and sewer lines shall be DIP, and joints staggered such that
maximum separation exists between joints AS APPROVED BY AUD.
2.1.2~d Ten (10) feet minimum separation to gas mains.
2.1.2.e Ten (10) feet minimum to underground electric cable.
2.1.2.f Current Georgia EPD separation requirements.
TS-l
2.1.3 Vertical Separation
Unless otherwise specified, vertical spacing should conform to the following rules, where
all separation distances listed are edge to edge:
2.1.3.a Water mains shall cross over and not under other pipes.
2.1.3.b Eighteen (18) inch minimum separation between all pipes and cables shall
be maintained, with six (6) inch absolute minimum separation with DIP,
when conforming to Georgia EPD separation requirements.
2.1.3.c When water mains cross under sewers, additional measures shall be taken.
At least 18 inches of separation between the bottom of the sewer and the
top of the water main shall be provided. Adequate structural support for
the sewer shall be provided to prevent deflection or settling on the water
main. No joint shall be encased under the crossing. Encasement of the
water pipe in concrete or flowable fill will also be considered.
2.1.3.d Where vertical separations between water and sewer cannot be met, water
and sewer lines shall be DIP, andjoints staggered such that maximum
separation exists between joints AS APPROVED BY AN AUD
ENGINEER.
TS-03 Materials and Methods
3.1.1 Water Main Material
DIP shall be centrifugally cast and shall conform to AWWA C150/ANSI A21.50 (latest
version) for design and AWWA CI51/ANSI A21.51 (latest version) for manufacture.
PVC pipe 6 inch to 12 inch diameter shall conform to A WW A C900 (latest version).
PVC pipe 14 inch to 36 inch diameter shall conform to A WW A C905 (latest version).
For water mains 6" through 16", DIP Pressure Class 350 shall be allowed. For water
mains 18" through 24", DIP Pressure Class 300 shall be allowed. PVC C900 (most
current date), Class 200, SDR-14 with cast iron equivalent G.D.s, gasket bell end with
elastomeric gaskets shall be allowed for water mains 6" through 10" (solvent weld joints
are not permitted). Flanged DIP shall have threaded ductile iron flanges and shall
confonn to the requirements of A WW A C 115/ ANSI 21.15 (latest version). All flanges
shall be ductile iron class 150 with a minimum working pressure of350 psi for diameters
3"-12", and 250 psi for 14"-48" diameter pipe., and conform to ANSI B16.5 (latest
version). Flanges shall be flat faced and all joints shall use 1/8 inch black neoprene full-
faced gaskets.
Ductile iron pipe and fittings shall have bituminous coating outside and shall be cement
lined in accordance with AWWA C104/ANSI A21.4 (latest version). DIP shall have
I/16" cement mortar lining with rubber gasket push-on joints, restrained joint, or
mechanical joints. Mechanical joint glands shall be ductile iron. Tee bolts and nuts shall
be Cor-Ten steel. Rubber gasket joints shall conform to A WW A CllI/ANSI A21.11
(latest version), and shall be furnished by the pipe manufacturer with the pipe. A non-
toxic vegetable soap lubricant shall be supplied with the pipe in sufficient quantities for
installing the pipe. The lubricant shall be approved by NSF for use with potable water
mains.
TS-2
Pipe classes designated previously in this standard are minimum allowed. Actual pipe
class shall be determined based upon the installation and the use intended. Pipe shall be
appropriately labeled on the drawings. All PVC pipe for potable water service shall bear
the approved stamp of the National Sanitation Foundation. Copper wire (12 gauge) shall
be attached along the top of all buried PVC water lines, wrapped around service
corporations and stubbed up into all valves boxes for locating purposes. This wire shall
be mechanically spliced so as to be electrically conductive, then insulated to protect
against corrosion of the' bare wire.
Any pipe, solder and flux used during installation of the water lines and services must be
"lead-free" with not more than 8% lead in pipe and fittings, and not more than 0.2% lead
in solders and flux.
3.1.2 Reaction Blocking
In lieu of restrained joints, all plugs, caps, tees, bends and other fittings shall be provided
with adequate reaction blocking as shown on AUD-Details 11 & 12.Fittings shall be poly
wrapped (6 mil) before pouring reaction blocking. Thrust blocks shall be poured-in-place
concrete having a minimum compressive strength of 3,000 psi after 28 days of cure time.
Soil bearing value shall be 2,000 psf maximum, and reaction blocking shall be made to
bear directly against the undisturbed trench wall. Lower soil bearing values shall be used
when soil is poor quality. Where trench conditions are, in the opinion of the Engineer,
unsuitable for reaction blocking, the Contractor shall provide tied joints to adequately
anchor the piping as shown on the drawings. All the rods and clamps shall be given a
bituminous protective coating. All materials, fittings and appurtenances intended for use
in pressure pipe systems shall be designed and constructed for a minimum working
pressure of 200 psi unless the specific application dictates a higher working pressure
requirement. .
3.1.3 Material Transitions
When transitioning water lines, materials shall be indicated and specified and must be
approved by AUD. Asbestos-cement transitions shall follow the AUD asbestos-cement
water line crossing detail (AUD- Detail 20). Unspecified transitions from DIP to PVC
are not allowed. When transitioning, all construction material shall be first quality, not
previously used. Repair clamps are not acceptable. Damaged or faulty pipe and
materials must be properly replaced. All gaskets shall be new. When connecting to
existing valves or fittings, gaskets shall be replaced, not reused.
3.1.4 Valves, Fittings, and Appurtenances
Gate valves, 4 inches to 18 inches, shall be U.S. Pipe Metro-Seal 250 resilient seated gate
valve, or equivalent, and must conform to A WW A C509 (latest version). Wafer valves
will not be accepted. Valves shall OPEN LEFT if installed south of Gordon Highway
(SR 10), or OPEN RIGHT if installed north of Gordon Highway. Valves shall be
provided with valve stem extensions to within 6 inches of ground surface, where
centerline of pipe to grade is greater than 4 feet.
TS-3
Valve boxes shall be M&H E-2702, Mueller H10364 or approved equal. Each valve box
shall be adjustable for a minimum cover of 3 feet. The flanged base of the valve box
shall be at least six (6) inches above the pipe so not to stress water lines 4" and smaller.
Extension pieces will be required for additional depth over valves. Extensions shall be
M&H E-3120 or Mueller H-10375. Covers shall have "WATER" cast on top.
All valves, bends, tees, crosses and dead ends shall be restrained by retainer glands,
restrained gaskets, or by use of a concrete thrust block in those instances that warrant
such an installation.
Standard pressure pipe fittings of size four (4) inch ID and larger shall be ductile iron
conforming to A WW A C 153 (latest version), with mechanical joints unless flanged or
restrained joints are required. Gray cast-iron fittings are not allowed. Ductile iron
fittings shall be epoxy coated in accordance with AWWA C116 (latest version).
Mechanical joint fittings, 24 inches and smaller shall be rated for 350 psi minimum
working pressure, while all fittings between 30 and 48 inches shall be rated for 250 psi
minimum working pressure. Mechanical joint fittings 54 through 64 inch shall be rated
150 psi minimum working pressure. Glands for mechanical joint fittings shall be ductile
iron. Only bolt systems furnished by the manufacturer for mechanical joints are
acceptable; nuts and bolts shall be new, not reused. Pipe gaskets shall be new as supplied
by the pipe manufacturer. For sizes less than four (4) inch ID, fittings shall be suitable
to the pipe material and application.
For flanged pipe, flanges shall be ductile iron Class 150, ANSI B16.5. Flangedjoint
fittings 14 inches and smaller shall be rated for 350 psi minimum working pressure, and
flanged joint fittings between 14 and 48 inches shall be rated for 250 psi working
pressure. All flanges shall be flat faced. Full face, 1/8 inch black neoprene gaskets shall
be used on all flanged joints. All joints shall conform to A WWA Cl15 (latest version).
Bolts, nuts and washers for flanges shall be hot dip galvanized, except tee-bolts shall be
Cor-Ten steel.
3.1.5 Fire Hydrants
Fire hydrants shall be provided in all water mains, transmission and distribution systems.
Accepted models are Mueller #A-240 18, M&H Figure 129T, A WW A Compression-Type
Dry-Top Traffic Model, of 150 psi working pressure, and 300 psi testing pressure.
Kennedy K-81D will also be accepted. All fire hydrants shall be ordered all yellow. Fire
hydrants shall be of the dry barrel break-away type conforming to A WW A C502 (latest
version), with two 2 ~ inches threaded hose nozzles and one 4 ~ inch threaded pumper
nozzle. Hose and pumper nozzle threading shall be national standard. Shoe connection
shall be 6- inch mechanical j oint. The center line of the nozzles shall be 18 inches above
the finish grade. Hydrants shall have a 5l!4 inch interior valve opening. Hydrants shall be
restrained from hydrant to tee at the main and have a concrete thrust block poured behind
them. At the discretion of the Utilities Director, additional protection for fire hydrants
TS-4
shall be provided including but not limited to concrete filled ductile iron traffic posts
surrounding each hydrant.
Fire hydrant branches (from main to hydrant) shall be a minimum of 6 inches ID. Each
branch shall be provided with a resilient seat gate valve located as close as possible to the
main. Hydrants shall be located at or near road right-of-way lines with pumper nozzle
pointing toward the road. A clear zone around all fire hydrants shall be adhered to,
consisting of a 5 foot radius around the hydrant and 7 feet above the top of the hydrant.
Maintain 15 feet minimum from hydrant to all structures. Placement of landscaping,
fencing, etc. shall be considered ili order to meet this clear zone requirement.
Fire hydrants must conform to the specifications for National Standard fire hydrants for
ordinary water works service of the American W ater Works Association, and each fire
hydrant installed after January 1,2008 shall include an Anti Terrorism Valve designed
to protect against accidental backflow and intentional contamination of drinking water
via the hydrant. The ATV shall be a stealth check valve located internal to the upper
barrel of the hydrant and shall consist of four main parts:
1) a sleeve-insert valve seat, made of E coated or fusion bonded epoxy steel. The
top of the valve seat shall have a machined slot to accommodate a EPDM quad
ring which will provide an impenetrable seal between the seat and the valve.
2) a valve made of brass with machined slots to accommodate an o-ring between
the valve and the upper stem.
3) a stainless steel machined upper stem will replace the original upper stem. The
brass valve shall be attached tothe upper stem in such a manner as to provide free
vertical movement along the shaft, and
4) a stainless steel spring that shall fit around the upper stem and be of adequate
compression strength and length that sufficient pressure is placed on the valve to
provide an impenetrable seal when the hydrant is not in use and yet allow water to
flow freely when the hydrant is flowed.
Installation of the A TV shall be made by a technician certified by the manufacturer.
TS-04 Installation
4.1 System Installation
Installation of water mains and associated appurtenances shall be in accordance with
current A WW A specifications and manufacturer's requirements for the specific product.
Loading or unloading and storage of pipe, fittings, valves, etc. shall be done in such
manner as to avoid damage. The interior of all pipe, fittings, valves, etc. shall be kept
free of dirt and foreign matter at all times. All piping shall be placed in a dry trench with
a stable bottom. Wet trench installation shall be allowed only upon approval of ADD.
Restrained joints shall be required at each fitting involving a change of direction and on
surrounding pipe, as specified in the approved plans. Concrete thrust blocks can be
allowed in lieu of mechanical restraint systems, as approved by ADD.
TS-5
Backfill shall be free of boulders and debris, and shall conform to Georgia Department of
Transportation Specifications. Sharp or rocky material encountered in the base shall be
replaced with proper bedding. Pipe shall be laid on line and grade as designed. Pipe
joints, gravity blocks, service connections, and conflicts shall be left exposed until
visually inspected and approved by the AUD's Inspector.
Fire hydrants shall be installed true and plumb with the center of the pumper nozzle
facing toward the road according to Section 14.2.2.2.12. Hydrants shall not be placed in
the sidewalk.
All valves shall be placed according to plans. Valve stems shall be installed plumb.
Valve stem extensions are required as described in Section 14.2.2.2.11. Air relief valves
shall be installed at all high points in the water main where air can collect, as shown on
the plans or as directed by Augusta Utilities.
The following guidelines shall be followed during the construction of water mains:
4.1.a Handling and Storing of Materials: Unload pipe so as to avoid
deformation or other injury thereto. Place no pipe within pipe of a larger
size. Store pipe and fittings on sills above storm drainage level and
deliver for laying after the trench is excavated. Valves shall be drained
and stored to protect them from freezing.
4.1.b Pipe Laying (General): The interior of the pipe shall be clean and joint
surfaces wiped clean and dry when the pipe is lowered into trench. Lower
each pipe, fitting and valve into the trench carefully and lay true to line
and without objectionable breaks in grade. The depth of cover below
finished grade shall be not less than 3 feet, or as shown on the drawings.
Give all pipes a uniform bearing on the trench bottom. Allow no trench
water or dirt to enter the pipe after laying. Insert a watertight plug in the
open end of the piping when pipe laying is not in progress. Water pipe
shall be bedded when required by poor soil conditions (AUD-Detail8 ).
4.2 Pressurization and Leakage Testing
After installation, all water mains shall be leak tested, in accordance with A WW A C-600,
Section 4.1 (latest version) for DIP, and C605, Section 7 for. PVC. The
Contractor/Developer shall provide all equipment, materials and labor necessary for
pressure and leak testing. This test must be observed by an Augusta Utilities Department
representative. A pumping pressure of 200 psi, or 1.5 times the working pressure at the
point of testing depending on the discretion of an AUD reprsentative, must be supplied at
the expense of the Contractor/Developer. The main tested shall either be isolated from
active potable lines or protected from leakage by a double valve arrangement. All water
used for pressure testing must be potable water with adequate chlorine residual. Water
lines shall be tested by valve sections. Maximum allowable leakage shall be as
determined in accordance with current A WW A specifications. The standard duration of
test is four (4) hours. Testing procedures shall meet or exceed A WW A C600 (latest
version) requirements. Any portions of the main which fail the test shall be replaced or
adjusted until the entire new main passes the test criteria. Concurrent with the pressure
test, and before any work will be accepted for payment, the Contractor shall perform a
leakage test. Leakage is defined as the quantity of water to be supplied into. the newly
laid pipe, or any valved section thereof necessary to maintain the water pressure to within
5 psi of the test pressure. No pipe installation will be accepted until the leakage is less
TS-6
than the number of gallons per hour as determined by equation 1 from A WW A C600 for
DIP:
L = SD.JP
133200
Where L = allowable leakage in gallons per hour, S = the length of pipe in the section
tested, D = the nominal diameter of the pipe in inches, P =the average test pressure
during the leakage test in pounds per square inch gauge. For PVC pipe, the following
equation shall be used:
L = ND..JP
7400
where N = Number of joints in the pipeline being tested.
4.3 Connecting to Existing Systems
All connections to existing mains shall be made under the direct supervision of the
AUD's Inspector. Valves on existing mains shall be operated by or under direct
supervision of AUD personnel. Tapping sleeves and valves shall be pressure tested prior
to tapping. If service to existing customers must be interrupted, AUD shall be notified at
least three (3) days (72 hours) in advance. The contractor shall make the necessary
notifications to the customers. The new line shall be cWorinated for up to three (3) days
and then drained and bacteria tested. Only after maintaining the appropriate cWorine
residual and passing the bacteriological test shall the line be put into service, at the
direction of AUD.
If cut-off of service is required, the Contractor shall be ready to proceed with as much
material pre-assembled as possible at the site to minimize the length of service
interruption. Augusta Utilities reserves the right to postpone service cut-off if, in the
opinion of the Utilities Director, the Contractor is not ready to proceed on schedule;
Scheduled interruptions should not exceed four (4) hours. The Contractor/Developer
shall arrange for temporary services to Customer(s) if water will be shut off for more than
four hours.
Local cWorination will be required for all pipe and fittings used to complete connections
with the potable water system. Tapping sleeves and valves shall be chlorinated in
accordance with A WW A requirements. All wet taps shall be witnessed by the AUD's
Inspector.
4.4 Cleaning and Flushing
Upon completion of installation, the mains shall be flushed and the water disposed of
without creating a nuisance. Flushing must achieve a minimum water velocity of 2.5 fps
in all portions of the pipe. The duration of the flushing will be determined by the AUD's
Inspector. No flushing or cleaning shall take place without an Augusta Utilities
representative present. The existing mains where the new mains connect may require
flushing under the direction of AUD when service is restored. The Contractor shall be
responsible for the treatment of discharge and disinfection water. All flushing activities
shall be in accordance with A WW A C651.
TS-7
4.5 Disinfection
Augusta Utilities shall be notified at least 24 hours in advance to schedule bacteriological
testing of water mains. The Contractor shall replace or adjust components of the pipeline
which fail the test. Clearance is required from the Utilities Department before AUD will
allow the main to be put into service.
All piping complete with fittings and appurtenances shall be sterilized as specified in the
applicable sections of A WW A Specification C651 (latest version) IIDisinfecting Water
Mains.1I Piping and appurtenances shall be thoroughly flushed then chlorinated with not
less than fifty parts per million (50 ppm). Calcium hypochlorite can be used. Water from
the existing distribution system or other source of supply should be controlled so as to
flow slowly into the newly laid pipeline during the application of chlorine. The solution
should be retained in the pipeline for not less than 24 hours and the system shall maintain
the chlorination level originally introduced into the line, which should not be less than 50
ppm. The system shall then be flushed with potable water and the sampling program
started. A minimum chlorine residual of 1.0 ppm should be available in the line after
flushing.
Sampling taps and chlorinated water used for disinfection shall be flushed to a location
that will not damage property, persons, etc., and shall be provided by the
Contractor/Developer at the expense of the Contractor/Developer. The provisions of this
paragraph apply equally to new pipe and fittings and to existing pipelines into which
connections have been made or which may have been otherwise disturbed to the extent
that contamination may have occurred. All requirements of the health authorities shall be
observed in executing this work. The disposal of heavily chlorinated water (following
disinfection) must be accomplished in accordance with the latest editions of the A WW A
Standard C651 and the EPD's Minimum Standards for Public Water Systems. No dry
chlorine shall be placed in the pipes while installing.
A minimum of two samples tested by a State approved private lab, shall indicate
bacteriologically satisfactory water and the results shall be submitted to the Inspector.
TS-05 Manhole Frames and Covers
5.1 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 of the 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.
TS-06 Excavation and backfilling
TS-8
6.1 Scope
This section covers all excavation, trenching and backfilling for pipelines, complete.
6.2 Existing Improvements
The Contractor shall maintain in operating condition and protect from damage all existing
improvements including utilities, roads, streets, sidewalks, drives, power and telephone
lines, gas lines, water lines, sewers, gutters and other drains encountered, and repair to
the satisfaction of the Engineer any aerial, surface or subsurface elements damaged
during the course of the work. Where and if shown on the plans, the locations and
existence or nonexistence of underground utilities are not guaranteed. The Contractor
shall contact the "Call Before You Dig" utilities locate service to determine and/or verify
such information prior to proceeding with the work. The Contractor shall make
reasonable and satisfactory provisions for the maintenance of traffic on streets, drives,
walkways and at street crossings and if necessary to provide temporary walkways and
bridges for crossing of the open trench as directed. Work shall not commence within
Augusta, Georgia rights-of-way until a Right-of-Way Encroachment Permit is obtained
from the Public Works Department.
6.3 Excavation
All excavation of every description and of whatever substances encountered shall be
performed to the depths. indicated on the drawings or as specified herein. Excavation
shall be made by the open cut method except as otherwise specified or shown. on the
drawings. Excavation methods shall generally meet or exceed Occupational Safety and
Health Administration (OSHA) construction industry standards.
All excavated materials not required for. fill or backfill shall be removed and wasted as
directed. The banks of shallow trenches shall be kept as nearly vertical as practicable and
where required shall be properly sheeted and braced. Except where otherwise indicated,
trench bottoms shall be not less than 12 inches wider nor more than 16 inches wider than
the outside diameter of the pipe to be laid therein, and shall be excavated true to line, so
that a clear space of not less than 6 inches nor more than 8 inches in width is provided on
each side of the pipe.
Wastewater pipe shall be bedded per detail AUD-Detail-5.Excavation for structures and
other accessories shall be sufficient to leave at least 12 inches in the clear between their
outer surfaces and the embankment or timber which may be used to hold the bank and
protect them. Where damage is liable to result from withdrawing sheeting, the sheeting
will be ordered to be left in place. Except for sewer pipe bedding or at locations where
excavation of rock from the bottoms of trenches is required, care shall be taken not to
excavate below the depths indicated. Where rock excavation is required, the rock shall
be excavated to a maximum overdepth of 4 inches below the normal required trench
depth. The overdepth rock excavation and all excess trench excavation shall be
backfilled with loose, moist earth, thoroughly tamped or with suitable sewer bedding
material as appropriate for the type of pipe service. Rock is defined as materials which
are so hard or cemented that the excavation of such material requires blasting.The
excavation and removal of isolated boulders or rock fragments larger than one cubic yard
in volume encountered in materials of common excavation shall be classified as rock
TS-9
excavation. Whenever wet or otherwise unstable soil that is incapable of properly
supporting the pipe, as determined by the Engineer or indicated on the drawings, is
encountered in the trench bottom, such soil shall be removed to a depth required for the
lengths designated by the Engineer, and the trench backfilled to trench bottom grade, as
herein specified, with coarse sand, fine gravel, or other suitable material. Backfill with
earth under structures. will not be permitted and any unauthorized excess excavation
below the levels indicated for the foundation of such structures shall be filled with sand,
gravel, or concrete, as directed.
For water lines and sewer mains, the bottom of trenches shall be accurately graded to
provide uniform bearing and support for each section of the pipe on undisturbed soil at
every point along its entire length, except for portions of the pipe sections where it is
necessary to excavate for bell holes and for the proper sealing of pipe joints. Bell holes
shall be dug after the trench bottom has been graded. Bell holes shall be excavated only
to an extent. sufficient to permit accurate work in the making of the joints and to insure
that the pipe, for a maximum of. its length will rest upon the prepared bottom of the
trench. Depressions for joints other than mechanical shall be made in accordance with
the recommendations ofthe joint manufacturers for the particular joint used.
6.3.1 Grading and Stacking
All grading in the vicinity of trench excavation shall be controlled to prevent surface
ground water from flowing into the trenches. Any water accumulated in the trenches
shall be removed by pumping or by other approved methods. During excavation,
material suitable for backfilling shall be stored in an orderly manner a minimum distance
of one and one-half times the depth of the excavation back from the edges of trenches to
avoid overloading and prevent slides or cave-ins. Material unsuitable for backfilling, as
determined by the Engineer, shall be removed from the job site and disposed of by the
Contractor in a manner as approved by the Engineer.
6.3.2 Shoring and Sheeting
All shoring, sheeting, and bracing required. to perform and protect the excavation and to
safeguard employees and the public shall be performed. The failure of the Engineer to
direct the placing of such protection shall not relieve the Contractor of his responsibility
for damage resulting from its omission.
Whenever sheeting is driven to a depth below the elevation of the top of the pipe, that
portion of the sheeting below the elevation of the top of the pipe shall not be disturbed or
removed. Sheeting left in place shall be cut off not less than 1 foot below finished grade.
No sheeting shall be removed until the excavation is substantially backfilled as
hereinafter specified.
6.3.3 Water Removal
Where water is encountered, it shall be prevented from accumulating in excavated areas
by pumping, well-pointing and pumping, or by other means approved by the Engineer as
to capacity and effectiveness. Water removed from excavations shall be discharged at
points where it will not cause injury to public or private property, or the work completed
TS-IO
or in progress. All efforts to prevent sedimentation shall be made. Under no
circumstances shall trench bottoms be prepared, pipes laid, or appurtenances installed in
water. Water shall not be allowed to rise in unbackfilled excavations after pipe or
structures have been placed.
6.3.4 Blasting
Explosives are to used only within legal limitations. Before explosives are used, all
necessary permits for this work shall be secured and all precautions taken in the blasting
operations to prevent damage to private or public property or to persons. The Contractor
shall assume full liability for any damage that may occur during the use of explosives.
No blast shall be set off within 50 feet of pipe already laid in the trench. Blasting may only
be done by an approved, licensed blaster. The excavation shall proceed in a conventional manner with
satisfactory effort made to remove hard materials before the Engineer makes a determination of need for
blasting. Pre-drilling and blasting will be allowed, if the Contractor can provide evidence for the
Engineer's review that boring logs show the material cannot be excavated otherwise. Evidence will be
provided for the Engineer's review and approval before pre-drilling and blasting is undertaken.
6.3.5 Tree Protection
Care shall be exercised to protect the roots of trees to be left standing. Within the branch
spread of the tree, trench shall be opened only when the work can, be installed
immediately. Injured roots shall be pruned cleanly and backfill placed as soon as
possible.
TS-II
6.4 Backfilling
Trenches and other excavations shall not be backfilled until all required tests are
performed and the work has been approved by the Engineer. The trenches shall be
carefully backfilled with the excavated materials approved for backfilling consisting of
earth, loam, sandy clay, sand, or other approved materials. No material shall be used for
backfilling that contains mulch, other unstable materials, stones, blasted rock, broken
concrete or pavement, or other hard materials having any dimension greater than 4
inches; or large clods of earth, debris, frozen earth or earth with an exceptionally high
void content. Backfilling within Augusta right-of-way shall conform to Georgia
Department of Transportation and Augusta, Georgia specifications.
For backfill up to a level 2 feet over the top of pressure pipelines and 2 feet above the top
of gravity pipelines, only selected materials shall be used. Select materials shall be finely
divided material free from debris, organic material and stone, and may be suitable job
excavated material or shall be provided by the Contractor from other sources. The
backfill shall be placed in uniform layers not exceeding 6 inches in depth. Each layer
shall be moistened and carefully and uniformly tamped with mechanical tampers or other
suitable tools. Each layer shall be placed and tamped under the pipe haunches with care
and thoroughness so as to eliminate the possibility of voids or lateral displacement.
The remainder of the backfill material shall then be placed and compacted above the level
specified above. In areas not subject to traffic, the backfill shall be placed in 12 inch
layers and each layer moistened and compacted to a density approximating that of the
surrounding earth. Under roadways, driveways, paved areas, parking lots, along roadway
shoulders and other areas subject to traffic, the backfill shall be placed in 6 inch layers
and each layer moistened and compacted to density at least equal to that of the
surrounding earth so that traffic can be resumed immediately after backfilling is
completed ( AUD-Detail 18). Any trenches which are improperly backfilled, or where
settlement occurs, shall be reopened to the depth required for proper compaction, then
refilled and compacted with the surface restored to the required grade compaction.
Along all portions of the trenches not located in roadways, the ground shall be graded to
a reasonable uniformity and the mounding over the trenches left in a neat condition
satisfactory to the Engineer.
Sheeting not specified to be left in place shall be removed as the backfilling progresses.
Sheeting shall be removed in such a manner as to avoid caving of the trench. Voids left
. by the removal of sheeting and shoring shall be carefully filled and compacted. Where,
in the opinion of the Engineer, damage is liable to result from withdrawing sheeting, the
sheeting will be ordered to be left in place.
6.5 Pavement Removal and Replacement
Where necessary existing pavements shall be removed and replaced, the applicable
specifications of the Georgia Department of Transportation or local authority shall
govern this work. Joints shall be sawed, unless joints equally uniform in the opinion of
TS-12
the Engineer result from other means. Refer to Right-of-Way Encroachment Guidelines
for pavement removal and replacement with Augusta right-of-way.
6.6 Measurement and Payment
Excavation and backfilling for pipelines and appurtenances, except as hereinafter
provided for, will be considered as incidental to the construction of the various elements
of the installation it is associated with, and no separate payment will be made therefor.
When made at the direction of Engineer, overcut, rock excavation and backfill to
compensate for rock will be made at the unit contract price for rock excavation per cubic
yard measured in place.
When made at the direction of the Engineer, overcut and backfill to compensate for
inadequate foundation. will be paid for at the unit contract price for overcut and clean
stone bedding, per ton of stone.
Sheeting ordered to be left in place will be paid for at the unit contract price for sheeting
left in place, per board foot.
Joints in pavements will not be paid for separately. Pavement removal and replacement
will be paid for at the unit contract price therefore, per square yard.
TS-13
6.7 REFERENCES
In this reference section, ANSI refers to the American National Standards Institute,
25 West 43rd Street, 4th floor New York, NY 10036. AWWA refers to the
American Water Works Association, 6666 West Quincy Avenue, Denver,
Colorado, 80235. APW A refers to the American Public Works Society,
2345 Grand Boulevard, Suite 500, Kansas City, MO 64108-2641. All standards are
listed as the latest known version. Any future revision to these
standards will supercede the listed standard.
ANSI!AWWA, CI04/A21.4-95. 1995. American National Standard for Cement-Mortar
Lining for Ductile-Iron Pipe and Fittings for Water.
ANSI! A WW A, C 11 0/ A21.10-98. 1998. American National Standard for Ductile-Iron and
Gray-Iron Fittings, 3 in. through 48 in. (75 mm through 1200 mm), for Water.
ANSI! A WW A, C 111/ A21.11-00. 2000. American National Standard for Rubber-Gasket
Joints for Ductile-Iron Pressure Pipe and Fittings.
ANSI!AWWA, C115/A21.15-99. 1999. American National Standard for Flanged
Ductile-Iron Pipe With Threaded Flanges.
ANSI!A WW A, CI50/A21.50-02. 2002 American National Standard for Thickness
Design of Ductile-Iron Pipe.
ANSI!A WWA, CI51/A21.51-02. 2002. American National Standard for Ductile-Iron
Pipe, Centrifugally Cast, for Water.
ANSI!A WW A, C500-02. 2002. Metal-Seated Gate Valves for Water Supply Service.
ANSI!A WW A, C502-94. 1994. Dry-Barrel Fire Hydrants.
ANSI!A WW A, C503-97. 1997. Wet-Barrel Fire Hydrants.
ANSI!A WW A, C504-00. 2000. Rubber-Sealed Butterfly Valves.
ANSI!AWWA, C507-99. 1999. Ball Valves 6 in. through 48 in. (150 mm through 1200
mm).
ANSI!A WW A, C508-01. 2001. Swing-Check Valves for Waterworks Service, 2 in.
(50mm) Through 24 in. (600mm) NPS.
ANSI! A WW A, C509-0 1. 2001. Resilient-Seated Gate Valves for Water-Supply Service.
ANSI! A WW A, C51 0-97. 1997. Double Check Valve Backflow- Prevention Assembly.
TS-14
ANSUAWWA, C511-97. 1997. Reduced-Pressure Principle Backflow-Prevention
Assembly.
ANSI/ A WW A, C512-99. 1999. Air Release, AirN acuum and Combination Air Valves
for Water Works Service.
ANSUAWWA, C550-01. 2001. Protective Epoxy Interior Coating for Valves and
Hydrants.
ANSU A WW A, C600-99. 1999. Installation of Ductile-Iron Water Mains and Their
Appurtenances.
ANSUA WW A, C605-94. 1994. Underground Installation of Polyvinyl Chloride (PVC)
Pressure Pipe and Fittings for Water.
APW A, 2000. Permanent Buried Line Marking.
http://www.apwa.net/Documents/GovtAffairs/Policies/ROW/oermburied. pdf
Department of Community Affairs, Office of Coordinated Planning. 2000. Georgia
State Amendments to the Standard Plumbing Code (2000 edition).
Great Lakes - Upper Mississippi River Board of State and Provincial Public Health and
Environmental Managers. 1997. Recommended Standards for Wastewater
Facilities.
ASTM D2321, 2005. -Standard Practice for Underground Installation of Thermoplastic
Pipe for Sewers and Other gravity-flow Applications
TS-15
OCT-09-2007 23:08
P.03/20
~
CONFLICT OF INTEREST:
It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement
contract when the employee or official knows that:
(a) the employee or official or any member of the employee's or official's immediate family has a
substantial interest or financial interest pertaining to the procurement contract, except that the
purchase of goods and servtces from businesses which a member of the Commission or other
City of Augusta employee has a financial interest is authorized as per O.C.G.A. 36.1-14. or the
procurement contract is awarded pursuant to O.C.G.A. 45-1 0-22 ~d 45-] 0-24, or the transaction
is excepted from said restrictions by Q.C.G.A. 45-]0-25;
(b) Any other person. business. or organization with whom the employee or official of any member
of an employee's or officials inunediate family is negotiating or has an arrangement concerning
prospective employment il; involved in the procurement contract
Any employee or official or any member of an employee's or official immediate family who
holds a substantial interest or financial interest in a disclosed blind trust shall not be deemed to
have a conflict of interest with regard to matters pcrtaJning to that substantial interest or financial
interest.
I, (vendor) M$c-- ~. ~.--/;:-.e...... 7r..
/
have read and understand the information .
contained in the bid specjficatio~.
Vendor Name:
'"25'/ ca..... 'r-
c::::;...,,,-r/ v C. ~ D -T ...::z::?,c;.. ,
,i
Address:
~o. lJo)C. 7:?c>
City &. State:
.6,rc:...-r F ,
/
G#
.7D~c>'"
Phone#: (~ B~4it -/7S-o Fax # (~) BbS- /$::r~
Signature: v.J:Jl~. ~r- Date: /D~Z-/o7
~ I I
Bid Item Number and Name: .:#"O:?-/t;:7g ~"'~"j..,tO--7 /2.- rr~.- /Yo.-v:..,.
THIS FORM MUST BE SUBMITl'ED WITH BID PACKAGE. NO EXCEPTION(S) WILL BE GRANTED
.-2007 23: 08
P.08/20
GEORGIA SECURITY AND IMMIGRA nON COMPLIANCE ACT OF 2006
Effective July 1, 20071 the following language is reQuired to be included in all
contracts entered into by the OePiirtment for the physical performance of
services within this State:
"A. Pursuant to the Georgia Security and Immigration Compliance Act of 2006,
the Contractor understands and agrees that compliance with the requirements of
O.C.G.A. ~ 13-10-91 and Georgia Department of Labor Rule 300-10..1".02 are
conditions of this" Agreement. The Contractor further agrees that" such
compliance shall be attested by the Contractor through execution of the
contractor affidavit required by Georgia Department of L.abor Rule 300-10-1-.07i
or a substantially similar contractor affidavit. The Contractor's fully executed
affidavit is attached hereto as Exhibit _ and is incorporated into this Agreement
by reference herein.
B. By initi~ling in the appropriate line below, the Contractor certifies that the
following employee-number category as identified in O.C.G.A. ~ 13-10-91 is
applicable to the Contractor:
1. 500 or more employees;
2. 100 or more employees;
3. w"€,,.,.,. :Jr. Fewer than 1 00 employees.
~
C_ The Contractor understands and agrees that, in the event the Contractor
ernploysor contracts with any subcontractor or subcontractors in connection with
this Agreement, the Contractor shall:
1. Secure. from each such subcontractor an indication of the employee..
number category as identified in"O.C.G.A. ~ 13-10-91 that is applicable
to the subcontractor;
2. Secure from each such subcontractor an attestation . of the
subcontractor's compliance with O.C.G.A. S 13-10-91 and Georgia
Department of Labor Rule 30Q..1Q.1-.02 by causing each such
subcontractor to execl.rte the subcontractor affidavit required by
Georgia Department of Labor Rute 300-10-1-.08, or a substantially
similar.subcontractor affidavit. The Contractor further understands and
agrees that the Contractor shall require the executed subcontractor
affidavit to become a part of the agreement between the Contractor
and each such subcontractor. The Contractor agrees to maintain
records of each subcontractor attestation required hereunder for
inspection by the Department at any time."
OCT-i219-2i21i217 23:1219
P.09/20
STATEOFGEORGlA
RICHMOND COUNTY
CONTRACTOR AFFIDAVIT AND AGREEMENT
COMES NOW before me, the undersigned officer duly authorized to ~ster
oaths, the undersigned contractor. who. after being .duly sworn., states as follows:
1.
By executing this affidavit., the undersigned contractor verifies its compliance
with O.C.G.A. 9 13-10~91 and Georgia Department of Labor Rule 300~10-1~.027 stating
affirmatively that the individual, finn, or corporation which is contracting with the
Georgia Department of Natural Resources has registered with and is participating in a
federal work: authorization program * in accordance with the applicability provisions and
deadlines established in Q.C.G.A ~ 13-10-91 and Georgia Department of Labor Rille
300-10-1..02.
2.
The undersigned contractor further agrees that, should it employ or contract with
any subcontractor(s) in connection with the physical performance of services pursuant to
the contract with the Georgia Department of Natural Resources of which this affidavit is
a part, the undersigned contractor will secure from such subcontractor(s) similar
verification of compliance with O.C.G.A. ~ 13-10-91 and Georgia Department of Labor
Rule 300-10-1-.02 through the subcontractor's execution of the subcontractor affidavit
required by Georgia Department of Labor Rule 300-10-1-.08 or a substantially similar
subcontractor affidavit The undersigned contractor further agrees to maintain records of
such compliance and provide a copy of each such verification to the Georgia Department
of Natural Resources at the time the subcontraotor(s) is retained to perform such service.
-:Z:>O~> i<k..? 4~7 -r-~ 0"''- L~~7 .~l r-f-~<=>"7
EEV I Basic Pilot Program User Identification Number
FURTIIER AFFIANT SA YETH NOT.
V!~~,~n I
BY: Authoriz;ed Officer-or Agent '1--
~L-'- c:::,"'~-//,"p'c--ho-r' / ~c..
C~~~N~e r
,t?dot~.- /2-, ?oo7
/"
Date '
\I,'~e ~res;dJ:!''''''..:?
Title of Authorized Officer or Agent of Contractor
MlZ~ ft~ Io/~~e"", ::r;.~
Printed Name of Authorized Officer-brAgent
\ '
Page 1
OCT-09-2007 23:09
P. 1l2V20
Sworn to and subscribed before me
This /2-& day of ~ok" ,2007
?'
~~~.~~
Notary Public
My commission expires:
MvO:lnTnleltcra.&pIrea
~7,2008
* Any of the electronic verification of work authorization programs operated by the
United States Department of Homeland Security or any equivalent federal work
authorization program operated by the United States Department of Homeland Security
to verify information of newly hired employees) pursuant to the Immigration Reform ~d
Control Act of 1986 (!ReA)) P.L. 99-603. As of the effective date ofO_C-G.A. 9 13-10-
91, the applicable federal work authorization program is the '~ I Basic Pilot Program"
operated by the VB. Citizenship and Immigration Services Buteau of the u.s.
Departmen.tofHomeland Security, in conjunction with the Social Security
. Administration (SSA).
Page 2
Blair Construction, Inc.
P.O. Box 770
Evans, Georgia 30809
Phone (706) 868-1950 Fax (706) 868-1855
BIDDERS QUALIFICATION STATEMENT
with Proposed Subcontractors/Suppliers
In the early 1950's Blair L. Mutimer began the Augusta located company BlairConstruction. In 1973 the b)lsiness
was incorporated in the State of Georgia as Blair Construction, Inc. .
Blair Construction, Inc. has at some time performed grading, paving and underground utility construction for most
every municipality within a 40 to 50 mile radius of the City of Augusta. The majority of the work we perform is
either for the City of Augusta or Columbia County. We have an outstanding and welkespectedrelationship with
both these municipalities. . .
Our company employs approximately 53 pe:sons and has an average annual revenue of around $12,000,000.
Approximately 80 percent of our work is large diameter underground utilities with the other 20 percent being
earthwork and base ~ paving.
Blair Construction, Inc. currently holds a "Certificlte Of Qualification (# 2 BL 150)" from the Georgia Department
of Transportation with a maximum capacity rating of$31,300,000.
As established in past projects with the City of Augusta, we have both the experience and means to perform the
subject project to which we are bidding.
Below are qualified Subcontractors we propose to utilize for this project.
.
Tucker Grading & Hauling
C&M Trucking
Country Boy Fanns
Augusta Greenwood & Mulch
Bobby Herrington Surveying
Moffitt Construction
The Miller Group
for hauling asphal~stone, refill, and waste material
for hauling asphal~ stone, refill, and waste material
for grassing & soil erosion measures
for clearing
forconstIuctionlayoutifneeded
for concrete curb & gutter replacement
for asphalt milling .
.
.
.
.
.
.
Below are qualified Suppliers we propose to utilize for this project.
. HD Supply or Ferguson for pvc pipe and fittings
. McWane Cast Iron for ductile iron pipe
. Reeves for asphalt
. Augusta Ready Mix for concrete
. Rinker Materials for base stone
Listed on the following page are recent projects of similar size and/or nature to which Blair Construction, Inc. has
successfully completed.
1. Rae's Creek Channel Improvements, Phase III
City of Augusta, GA
Contract Amount: $907,734.80
2. Butler Creek Interceptor Upgrade
City of Augusta, GA
Contract Amount: $5,400,889.36
3. Ridge Crossing Drainage Improvements
Columbia County, GA
Contract Amount: $950,067.70
4. Cummings Road Grading and Paving
Aiken County, SC
Contract Amount: $514,684.84
5. 36" High Service Water Line
Columbia County, GA
Contract Amount: $318,206.84
6. Highway 25 Wastewater Collection Improvements
City of Augusta, GA
Contract Amount: $1,096,770.33
7. Kissingbower Road Area Water and Sewer Improvements
City of Augusta, GA
Contract Amount: $1,633,317.92
8. Spirit Creek Force Main
City of Augusta, GA
Contract Amount: $5,485,149.66
9. Olive Road Sanitary Sewer Improvements
City of Augusta, GA
Contract Amount: $764,322.37
We appreciate the opportunity to submit our bid on this project and are sure our experience and qualifications will be
acceptable. If any other information is needed, please feel free to contact us.
Respectfully Submitted: CJ:--
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William R. Mutimer, Jr., Vice President
Date:
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