HomeMy WebLinkAboutBLAIR CONSTRUCTION FORT GORDON PROJECT 10811
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AUGUSTA UTILITIES DEPARTMENT
PROJECT 10811
FORT GORDON - 20" WATER MAIN 2006
CONTRACT DOCUMENTS
December 2006
Project 0603-01
PREPARED BY
EEL.
4351ELFAIR ST.
AUGUSTA, GEORGIA
ENGINEERS
PFlO}{E(706)724-5627
ZIMMERMAN, EVANS AND LEOPOLD, INC.
.. -
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FIRST ADDENDUM TO CONTRACT
BY AND BETWEEN BLAIR CONSTRUCTION, INC.
AND AUGUSTA, GEORGIA
PROJECT ~1 FORT GORDON - 20" WATER MAIN 2006
Iti311
THIS ADDENDUM AGREEMENT made this 4th day of May, in the year 2007, by and
between Blair ConstruCtion. Inc., a Corporation, Partnership or Sole Proprietorship existing
under the laws of the State of Georgia, hereinafter called the "Contractor," and Augusta.
Georgia. By and through the Augusta Utilities Department, herein called the "Owner."
1.
Counsel for Augusta have endeavored to delete all references to race and gender based
preferences from the main contract dated December, 2006 for the Fort Gordon 20" water main
and by so marking said references. The following DBE references were deleted under authority
of the Order of the Federal Court in Thompson Building Wrecking Co.. Inc. v. Augusta.
G .1
eorgla :
~IB2
~IB3
~IBI0
Invitation to Bid
2.
If any references to gender and/or race based preferences yet remain in the contract have
inadvertently remained unmarked, the same are deemed deleted from this contract. Provided
however, contractor shall have the opportunity to prove any such race and gender preferences
reflect federal law.
3.
In the event of a conflict between the terms of this agreement dated December, 2006 and
thi~ First Addendum thereto; the provisions ofthis shall control.
1 Robert Mullins, Plaintiffs counsel in the Thompson cases, concurs with this approach.
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AUGUSTA, GEORGIA
~r)v BY: U- LU. ~
,O"vlfJ As its Mayor ,
---
BLAIR CONSTRUC:rION, INC,
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BY: '-:Jllt\L~J'~~,
As ItS:\f,c.e. --:;V"'U ide>?-!-
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SECTION IND
INDEX
INSTRUCTIONS TO BIDDERS
PROPOSAL
BID SCHEDULE
BID BOND
NOTICE OF AWARD
AGREEMENT
PAYMENT BOND
PERFORMANCE BOND
NOTICE TO PROCEED
CONTRACT CHANGE ORDER
GENERAL CONDITIONS
SUPPLEMENTAL GENERAL CONDITIONS
SUPPLEMENTARY CONDITIONS
TECHNICAL SPECIFICATIONS
SECTION
TITLE
Tl
T2
'1'3
T4
TS
T6
T7
T8
T.9
T17
T19
Site Work
Excavation, Filling and Backfilling
Concrete
Masonry
Structural Steel & Miscellaneous Metal
Water Lines
Valves and Hydrants
Underground Crossings of Highways and Railroads
Painting and Finishing
Instrumentation
Grassing
LIST OF DRAWINGS
COVER SHEET
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C2
C3
C4
C5
C6
Ml
M2
M3
El
0603-0J. IND.doc
LOCATION AND INDEX
FORT GORDON - STA. 0+00 TO STA, 15+00
FORT GORDON STA. 15+00 TO STA, 30+00
FORT GORDON PROFILE STA, 30+00 TO STA, 36+00
FORT GORDON PROFILE STA. 36+00 TO STA. 50+65
FORT GORDON EROSION CONTROL PLAN
EROSION CONTROL DETAILS
CHECK VALVE PIT - PLAN AND SECTIONS
METER VAULT - PLAN AND SECTIONS
MISCELLANEOUS DETAILS
METER VAULT - ELECTRICAL PLAN, NOTES AND DETAILS
IND-l
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SECTION IB
INSTRUCTION TO BIDDERS
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IB-01 GENERAL
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All proposals must be presented in a sealed envelope, addressed to the OWNER. The proposal must be
filed with the OWNER on or before the time stated in the invitation for bids. Mailed proposals will be'
treated in every respect as though filed in person and will be subject to the same requirements.
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Proposals received subsequent to the time stated will be retwned unopened. Prior to the time stated any
proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a
period of sixty (60) days after bids have been opened, pending the execution of contract with the
successful bidder.
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IB-02 EXAMINATION OF WORK
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Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work; the
conformation of the ground; the character, quality and quantity of the facilities needed preliminary to
and during the prosecution of the work; the general and local conditions; and all other matters which
can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation
with any officer, agent, or employee of the OWNER, either before or after the execution of the contract,
shall affect or modify any of the terms or obligations therein.
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IB-03 ADDENDA AND INTERPRETATIONS
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No interpretation of the meaning of plans, specifications or other pre-bid documents will be made toany
bidder orally. '
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Every request for such interpretation should be in writing addressed to Geri A. Sams,
Director of Purchasing; Purchasing Department; Room 60S; 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.
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IB-04 PREPARATION OF BIDS
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Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made on bid forms should be initialed by the person signing
the bid.
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Bidders must quote on all items appearing on the bid forms, unless specific directions in the
advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on
all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the
words "no bid" where appropriate.
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Alternative bids will not be considered unless specifically called for.
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Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if
submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be
submitted as such. and shall not reveal the total amount of either the original or revised bids.
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Bids by wholly owned proprietorships or partnerships will be signed by all OWNERs. Bids of
corporations will be signed by an officer of the firm and his signature attested by the secretary thereof
who will affix the corporate seal, to the proposal.
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NOTE: A 10% Bid Bond is required in all cases.
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IB-05 BASIS OF AWARD
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The bids will be compared on the basis of unit prices, as extended, which will include and cover the
furnishing of all material and the performance of all labor requisite or proper, and completing of all the
work called for under the accompanying contract, and in the manner set forth and described in the
specifications.
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Where estimated quantities are included in certain items of the proposal, they are for the purpose of
comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the
responsibility of the CONTRACTOR to check all items of construction. In case of error in extension of
prices in a proposal, unit bid prices shall govern.
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IB-06 BIDDER'S QU ALIFICA TIONS
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No proposal will be received from-any bidder unless he can present satisfactory evidence that he is
skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all
obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a
separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable
information as to working capital available, plant equipment, and his experience and general
qualifications. The OWNER may make such investigations as are deemed necessary to determine the
ability of the bidder to perform the work, and the bidder shall furnish to him all such additional
information and data for this purpose as may be requested. The OWNER reserves the right to reject any
bid if the evidence submitted by the bidder or investigation of him fails to satisfy the OWNER thatsuch
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.
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IB-07 PERFORMANCE BOND
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At the time of entering into the contract, the CONTRACTOR shall give bond to the OWNER for the use
of the OWNER and all persons doing work or furnishing skill, tools, machinery ormaterlals under or for
the purpose of such contract, conditional for the payment as they become due, of all just claims for such
work, tools, machinery, skill and terms, for saving the OWNER harmless from all cost and charges that
may accrue on account of the doing of the work specified, and for compliance with the laws pertaining
thereto. Said bond shall be for the amount of the contract satisfactory to the OWNER and authorized by
law to do business in the State of Georgia.
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Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy
of the power of attorney.
IB-08 REJECTION OF BIDS
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These proposals are sought 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.
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IB-09 PROGRAM MANAGER
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CH2M HILL is the Program Manager for the project described herein; address is 360 Bay Street, Suite
100, Augusta, GA 30901
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SECTION P
PROPOSAL
DATE:
12-1/0,')'
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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:
PROTECT 10811
FORT GORDON - 20" WATER MAIN 2006
In strict accordance with the Contract Documents and in consideration of the amounts shown on the bid
schedule attached hereto and totaling:
~v_ 1Il/~J--Ivd M~e7 ~'~ee /h<9~.r---d
'~e.v~l ' '/5'"'"
and ~'ve. /100 dollars ( 77'3,o/t:/- - ).
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The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days
of receipt of such notice execute a formal contract agreement with the Owner, and that he will provide
the bond or guarantees requiTed by the contract documents.
The undersigned hereby agrees that, if awarded the contract, he will commence the work within
I Ten (10) calendar days after the date of written notice to proceed, and that he will complete the work
within One Hundred Twenty (120) calendar days after the date of such notice.
The undersigned acknowledges receipt of the following addenda:
Addendum No. Addendum Date
/ ;?/~/P")
Z 2.--1 ' 'jo 7
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Enclosed is a bid guarantee consisting of
amount of .II 7'7, 3 I';;) I' ~..g
/f- I
-zJ,'d 7?~..".cI
(/o~ 011 7J,'d)
in the
e:-
. Respectfully Submitted,
'L?k-:- ~."s,,;;,y&--Ap...,/.:::z::;.t:::--,
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Firm
7,0. h~ 770 .&~( ~.4- 7o~o'T
Address
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'~'BY: WJ..~((.', "-
\tee 'P.-.e-s ,;k--f-
TITLE:
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REVISED SEPTEMBER 8, 2004
AUGUSTA UTILITIES DEPARTMENT - WATER SYSTEM PROJECT
STANDARD BID SCHEDULE
WA TER MAIN
W-2H 20" diameter ductile iron water transmission 1740 LF h3~
main Class 250, standard joint
W-3B 8" diameter ductile iron water transmission main 15 LF 37~
Class 350, restrained joint
W-3D 12" diameter ductile iron water transmission 70 LF #~
main Class 350, restrained joint
W-3H 20" diameter ductile iron water transmission 3120 LF g7o~. Z-T) f!J,t:a ~
main Class 250, restrained joint
W-4 Jack and Bore 28" diameter steel casing. 150 LF 372- ~ S-S; &J' 3 '3 so
Minimum wall thickness 0.312 inch, with 20" -
diameter, restrained joint ductile iron carrier
pipe, end seals, Class 250 included
W-5 Select backfill, GA DOT Type I, Class I & II . 150 CY '7 c,,1 // C/--~
(Sand/Clay) - Measured by in-place volume
2~ 4-/9-/0 DO
W-6 Miscellaneous pipe fittings and connections 14,500 LBS ---
W- 20" in-line gate valve.. including valve box, 5 EA /093'7'z-
10H installed, complete, open left
W- 8" tapping sleeve, valve, valve box, complete 1 EA 3rf5Z3 ~ 3 rl5"B
13A
W- 12" tapping sleeve, valve, valve box, complete 1 EA 44- 5$~3
138 5'fS'/3 -
.,.-. ~
W-14 20" Check valve 1 EA /387/ zP
060~1 STANDARD BID WATER .DOC
10F3
I' REVISED SEPTEMBER 8, 2004
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Tie-in t6 existing line
I W-22 20" Magnetic Flow Meter EA /I~~ ~
I W-23 Check valve vault, including hatch and ladder, EA
complete
I W-24 Meter vault, including hatch and ladder, 1 EA 5h5''7:!5 o~
complete
W-25 Hydrant, installed complete with valve and valve 9 EA
I box, lead pipe, welded outlet, joint restraint and
blocking
I W-26 Ditch crossing 28" diameter steel casing. 1 EA
Minimum wall thickness 0.312 inch, with 20"
diameter, restrained joint ductile iron carrier
.1 pipe, end seals, concrete encasement, Class
250 included
W-27 Electrical work at Fort Gordon Meter Pit 1 EA .,,0 B?3Go 0
I including but not limited to Service Entrance, B73~ -
Electrical Panel, TVSS, Electrical Rack and
Meter Vault Lighting
I PAVEMENT STRUCTURES
r-.-s- Z7'1-1 p
I f?-1 Asphalt overlay, type F, 1 ~ . thick minimum 340 SY f5-
P-2 Graded aggregate base, 1 0 ~ " thick, 7' wide 40 SY 32- ~ /go3 ~
-, and asphalt patch 2 % " thick, including removal
of 2 ~ " GAB and placement of bituminous tack
coat
I P-7 2" asphalt pavement driveway replacement 30 SY :J5" ~
P-10 Raised edge asphalt pavement curb 50 LF /2- ~3
I P-11 Remove 14' X 20' concrete swale and replace 1 EA cpr-
12.73 -
to match existing concrete swale.
I MISCELLANEOUS
I M-3 Rock excavation 100 5&~
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0603.01 STANDARD BID WATER .DOC 20F3
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REVISED SEPTEMBER 8, 2004
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LUMP SUM
LS-1
Lump sum construction (Includes but-is not
limited to the listing continued below)
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LUMP SUM CONSTRUCTION
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7"731 DIe/-- --
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· 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 and/or meters, size varies
· Remove and reset yard lamps, type varies
· Remove and reset mailboxes, type varies
· ' Erosion and sediment control (temporary grassing, construction exits, rip-rap, misc. erosion
control structures)
· Silt Fence, Type "A"
· Silt Fence, Type "B"
. Silt Fence, Type .Cn
· Traffic control
· Miscellaneous grading
· Permanent Grassing
· Raise manholes and valve boxes to grade
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....,
Note to Bidders: For a complete description of Bid Items refer to the Technical
"Specifications, ' ,
,
0603-01 STANDARD BID WATER .DOC
30F3
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BID BOND
Conforms with'The American Institute of
Architects, A.I.A. Document No. A-310
KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc., PO Box 770, Evans, Georqia 30809
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-Richmond County Commisssion, 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 Fort Gordon - 20" 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
I Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
ISigned and sealed this
21st
day of
February 2007
Blair Construction, Inc., PO Box 770,
Evans, Georgia 30809 (Seal)
. ._. . ~" Principal
UJ~f-~il~.__
V:ce- 7re->';/~+- - Title
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Witness
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''/77 r;~J",!:;I ~ {} ~
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Witness
Western Surety Company
By '8L~ ,'~ ~/~~/~
Buck Leigh .,;,/- Attorney-in-Fact
054/GEEF 12/00
FRP
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Western Surety Company
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
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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
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Thomas M Albus, Buck Leigh, Individually
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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-
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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 confinned.
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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.
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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
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-R/z:5}{L
Paul . Bruflat, SeOlor Vice PreSident
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State of South Dakota
County of Minnehaha
} ss
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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 descn'bed 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.
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November 30, 2006
+........ ............................."'.......... +
~ D. KRELL ~
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~~NOTARY PUBLIC~~
~ SOUTH DAKOTA ~
+.....................................&t........ +
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~P"b1i,
My commission expires
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CERTIFICATE
'"Ill- ~
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I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
forc:, and further certify that the By-Law of the corporation printed on the reverse hereof is s~i11 in force. In testimony whereof! have hereunto subscribed
my name and affixed the seal of the said corporation this ,22rrl day of Febr1.ary , . 2f.JJ7
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WESTERN SURETY COMPANY
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Form F4280-O 1-02
q. ~{~I~S_
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A
Certification Statement
Local Vendor Preference
I certify that my company meets all of the following qualifications to be eligible for the local vendor
preference:
(1) That my company has a fixed office or distribution point located in and having a str~et address within
Augusta for at least six (6) months immediately prior to the issuance of the request for competitive bids or
request for proposals by Augusta; and
(2) That my company holds any business license required by the Augusta Richmond County Code for at
least 6 months
(3) That my company employs at least one (1) full time employee, or two (2) part time employees whose
primary residence is in Augusta, or if the business has no employees, the business shall be at least fifty
percent (50%) owned by one or more persons whose primary residence is in Augusta.
(4) Attached is a copy of my Augusta Business License.
Company Name:
LJ/~,>
~r/;-.vc---h O~7" :::Z:;:;c_
,
Address:
Po_ 11(9)L 7)c:>
&~:; 6,.4 3oZ30cr
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4-;1.ee:-f- 62 ~;L1,'c _-I-; ~o..,)
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Business License
Po t</~,?
. Number
Phone Number: 7oC,::,j.B&>25 -17-S-D
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Owner's Name: /Ur //.~......... ~, N ~-r;~,.... J
~i~(Z" ~
day of , 20
Fax Number: 7<9I:P/'&bB -/Bs-r
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Signature:
Sworn to before me this
Notary Public for the State of
My Commission Expires
Notary Public Signature
Printed Name:
II.
. '.
VENDOR DO NOT COMPLETE
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To be completed by Authorized City Representative from Business License & Inspection Department:
Vendor Certified:
Date:
Authorized Signature
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A
EMPLOYEE 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 services from businesses which a member of the Commission or other
City of Augusta employee has a financial interest is authorited as per a.C.G.A. 36-1-14, or the
procurement contract is a~arded pursuant to, a.c.G.A. 45-10-22 and 45-10-24, or the
transaction is excepted from said restrictions by a.c.G.A. 45-10-25;
(b) Any other person, business, or organization with whom the employee or official of any member
of an employee's or officials immediate family is negotiating or has an arrangement concerning
prospective employment is 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 pertaining to that substantial interest or
financial interest.
I, (vendor) ~/h'~ A?, /Zt'~-/;~"./ -:r;-,
information contained in the bid specificationS.
--;3/=-,:.- ~~)-I/___=A'C--?' / ~c- _
,
have read and understand the
Vendor Name:
Address:
~o . '/3&}c::. ?;; 0
City & State:
&;~> 6A-
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3c::>fiSD7
Phone #: (76''-') !iS1Rg; ..- /7S- c::- Fax # ('7a;..) &3~ - /&3 ':)..;-
Signature: U~~ ~(L. Date: <>(u/:>7
Bid Item Number and Name: 07-0/ / L 6_/cI~-? 2-CJ/r ?L-7~~ ~e-:~
THIS FROM MUST BE SUBMITTED WITH BID PACKAGE. NO EXCEPTION(S) WILL BE GRANTED
...", ~
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l.1Jliwt &.MtItadUm,9tre.
I Post Office Box 770
Evans, Georgia 30809
PHONE (706) 868-1950 FAX (706) 868-1855
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BIDDERS QUALIFICATION STATEMENT
with Proposed Subcontractors/Suppliers
IIn the early i 950's Blair L. Mutimer began the Augusta located company Blair Construction. In 1973 the business was incorporated in
the Sate of Georgia as Blair Construction, Inc.
.Iair Construction, Inc, has at some time performed grading, paving and underground utility construction for most every municipality
.within 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 well-respected relationship with both these municipalities.
lour company employs approximately 53 persons and has an average annual revenue of around $8,000,000. Approximately 80 percent
of our work is underground utilities with the other 20 percent being earthwork and base & paving.
IB lair Construction, Inc. currently holds a "Certificate Of Qualification (# 2 BL 150)" from the Georgia Department of Transportation
with a maximum capacity rating of $31 ,300,000.
IAS 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.
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Below are qualified Subcontractors we propose to utilize for this project.
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L&L Utilities (DB E)
Country Boy Fanns
Jisk, Ine. Technical Services
for Bore & Jack Construction.
for grassing and silt fence
for electrical work
.
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Below are qualified Suppliers we propose to utilize for this project.
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· HD Supply (Local Supplier)
· McWane Cast Iron
· Rinker Materials
· Augusta Ready Mix (Local Supplier)
· Reeves Construction
for all Valves and Fittings
for Ductile Iron Pipe
for GABC
for Concrete
for Asphalt, Prime & Tack
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.Listed on the following page are recent projects of similar size and/or nature to which Blair Construction, Inc. has successfully
~ompleted.
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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
~
.J.
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" Fligh 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
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9.
Olive Road Sanitary Sewer Improvements
City of Augusta, GA
Contract Amount: $764,322.37
.e 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.
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Respectfully Submitted:
~l~~'~~
~'
Date:
Z-/~I/tP7
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.'allabt &&'buu:tion, 9nc.
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Post Office Box 770
Evans, Georgia 30809
PHONE (706) 868-1950 FAX (706) 868-1855
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BIDDERS QUALIFICATION STATEMENT
with Proposed Subcontractors/Suppliers
'I In the early 1950's Blair LMutimer began the Augusta located company Blair Construction. In 1973 the business was incorporated in
the Sate of Georgia as B lair Construction, Inc.
I Blair Construction, Inc. has at some time performed grading, paving and underground utility construction for most every municipality
within 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 well-respected relationship with both these municipalities.
I Our ~ompany employs approximately 53 persons and has an average annual revenue of around $8,000,000. Approximately 80,percent
of our work is underground utilities with the other 20 percent being earthwork and base & paving.
I B~air Cons~uction, Inc: curre.ntly holds a "Certificate Of-Qualification (# 2 BL 150)" from the Georgia Department of Transportation
With a maXimum capacity ratmg of$3l,300,OOO. '
I 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.
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Below are qualified Subcontractors we propose to utilize for this project.
.
L&L Utilities (DBE)
Country Boy Farms
Jisk, Inc. Technical Services
for Bore & Jack Construction.
for grassing and silt fence
for electrical work
.
I
.
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Below are qualified Suppliers we propose to utilize for this project.
I
.
HD Supply (Local Supplier)
McWane Cast Iron
Rinker Materials
Augusta Ready Mix (Local Supplier)
Reeves Construction
for all Valves and Fittings
for Ductile Iron Pipe
for GABC
for Concrete
for Asphalt, Prime & Tack
.
.
I
.
.
I
.,.~~
"
IListed on the following page are recent projects of similar size and/or nature to which Blair Cons~ruction, Inc. has successfully
completed.
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I
I.
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I
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I
I
I
I.
Rae's Creek Channel Improvements, Phase III
City of Augusta, GA
Contract Amount: $907,734.80
2.
Butler Creek Interceptor Upgrade
City of Augusta, OA
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
Iwe 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.
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Resp:ctfully Submitted: ~
{)~~~ ,
William R. Mutimer, Jr., Vice Preside t
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Date:
Z/2.-I/c; '/
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~Ul'
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OR
NOTICE OF AWARD
DATE:
CONTRACTOR: Blair Construction, Inc.
ADDRESS: P.O. Box 770
Evans
City
<3A 30809
state Zip Code
PROJECT: Fort Gordon - 20" Water Main 2006
PROJECT NO: 10811
At a meeting of the
you were awarded the Contract for the following Project:
held on (Date)
PROJECT 10810 Fort Gordon 20" Water Main 2006
Enclosed please find 6
copies of the Contract Documents for your execution. Please complete the
pages, affixing signatures, dates, notary ancllor corporate seals, etc. where necessary and return to this office
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
Project Engineer
Reclept of this NOTICE OF AWARD Is hereby acknowledged this, the
4n/
f
-{II
4- - day of
;300)
'731tt:-,-"" ~-Iryc/ko" ~,
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~~~~
d,e/! .c::=sh'-J-o'-
Title
Contractor By
Please sign and return one copy of this Notice of Award Acknowledgement to:
CH2M HILL
Attn: Program Management Team
360 Bay Street; Suite 100
Augusta, GA 30901
AAn':l n1 f\1n.Tlr"e nt: ^,,,,,,nrl',"",,,
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Section A
Agreement
TIllS AGREEMENT, made on the ~ day of rn ~. 20-, by and between
AUGUSTA, GEORGIA, BY AND TIlROUGH 1HE AUGUSTA-RICHMOND COUN1YCOMMISSION,
party of the first part, hereinafter called the OWNER, and Blair Construction. Inc.. party of the second part,
hereinafter called the CONTRACTOR.
WITNESSETH, that the CONTRACTOR and the OWNER, for the considerations hereinafter
named, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and
labor necessary, and to perform all of the work shown on the plans and described in the specifications for the
project entitled:
PROJECT 10811
FORT GORDON - 20" WATER MAIN 2006
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 IT - TIME OF COMPLETION/LIQUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within 10 calendar days
after the date of written notice by the OWNER to the CONTRACTOR to proceed. All work shall be completed
within 120 calendar days with all such extensions of time as are provided for in the General Conditions.
It is hereby understood and mutually agreed, by and between the CONTRACTOR and the
OWNER, that the date of beginning, rate of progress and the time for completion of the work to be done
hereunder are ESSENTIAL 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
WITIllN THE TIME HEREIN SPECIFIED, then the CONTRACTOR does hereby agree, as a part of the
consideration for the awarding of this contract, to pay the OWNER the sum of One Thousand and no/1oos
($1000.00) Dollars, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set
forth, for each and every calendar day that the CONTRACTOR shall be in default after the time stipulated in
the Contract for completing the work.
The said amount is fixed and agreed upon by and between the CONTRACTOR and the
OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages
the OWNER would, in such event, sustain, and said amounts shall be retained from time to time by the Owner
from current periodical estimates.
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.
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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.
(0) 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first mli!ntioned above.
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.'"'; :;.;~ :':;~;:~:' :, '~ \ >-
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Witness () ~~ J
(SEAL)
. ATTEST:
1?7~ 77! --?~
Secretary <
~~s-~~
Witness
1lY By: -
As its Mayor
CONTRAcrOR:
By: tJ~f<.~
- ~
As its V;~ ..--.:u,.e.s-,~"?+-
Address: Blair Construction, Inc.
P.Q, Box 770, Evans, GA 30809
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Bond No.
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PERFORMANCE BOND
Conforms with The American Institute of Architects
A.I.A. document No. A-311
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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)
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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)
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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)
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as Obligee, hereinafter called Owner, in the amount of Seven Hundred Ninety Three Thousand Fourteen and 75/100 - - - - - -
u _ _ _ u u _ u _ u _ _ _ u _ u _ u _ u _ u _ u _ _ _ u _ u _ _ _ u _ _ u u u _ u u. Dollars ($ 793,014.75 .).
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for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
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Contractor has by written agreement dated
, entered into a contract
I
with Owner for Fort Gordon 20" Water Main 2006
Project 10811
(Here insert full name, address and description of project)
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in accordance with Drawings and Specifications prepared by ZEL Engineers, 435 Telfair St., Augusta, Georgia
(Here insert full name and address or legal title of Architect)
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which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
I S-1219/GEEF 10/99
CIS by GA resident agent
Page 1 of 2
~~A-*/). B~
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PERFORMANCE BOND
I 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.
I The Surety hereby waives notice
extension of time made by the Owner.
of any alteration or
I Whenever Contractor shall be, and declared by Owner to be
in default under the Contract, the Owner having performed
I Owner's obligations thereunder, the Surety may promptly remedy
the default, or shall promptly
1) Complete the Contract in accordance with its terms and
I conditions, or
2) Obtain a bid or bids for completing the Contract in accordance
I 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
I Owner, and make available as Work progresses (even though there
should be a default or a succession of defaults under the
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I Signed and sealed this
4-~
day of
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~ S- .~-d-
(Witness)
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lVLo~?Lo-
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(Witness)
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I S-1219/GEEF 10/99
4~,Y
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.
, ?co)
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Blair Construction, Inc., PO Box 770, Evans,
Georgia 30809
(Seal)
(Principal)
U~f-. ~"
\/,~ 7,.eS',~....
(Title)
Western Surety Company, CNA Plaza, Chicago,
Illinois 60685
(Seal)
(Surety)
!~
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3~Uy~
Buck Leigh, Attorney-in-Fact
(Title)
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LABOR AND MATERIAL PAYMENT BOND
Bond No.
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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
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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)
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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)
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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 legal title of Owner)
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as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Seven Hundred
Ninety Three Thousand Fourteen and 75/100 - - - - - - - - - - - - - - - -- - - - - - - - - - - -. Dollars ($ 793,014.75 .).
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for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS,
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Principal has by written agreement dated
, entered into a contract
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with Owner for Fort Gordon 20" Water Main 2006
Project 10811
(Here insert full name, address and description of project)
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in accordance with Drawings and Specifications prepared by Zel Engineers, 435 Telfair St., Augusta, Georgia
(Here insert full name and address or legal title of Architect)
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which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
I S-1220/GEEF 10/99
Page 1 of 2
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LABOR AND MATERIAL PAYMENT BOND
I 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:
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1. A claimant is defined as one having a direct contract with the
Principal or with a Subcontractor of the Principal for labor, material, or
I 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
I 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
I 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 furnished by such claimant, may sue
I 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
I costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
I 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
I 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
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
I whom the materials
I Signed and sealed this
//e
day of
~,-,/
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(Witness)
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~:? ~C(J~=I
(Witness)
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I 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.
, Zc::>O? .
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Blair Construction, Inc., PO Box 770, Evans,'
Georgia 30809
(Seal)
(Principal)
w'~t<. ~_' (J _
\t~e ~...-es;~-r If
(Title)
Western Surety Company, CNA Plaza, Chicago,
Illinois 60685
(Seal)
(Surety)
(
1
')
(
'"E~ ~;i'-
Buck Leigh, Attorne -tn-Fact
(Title)
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Western Surety Company
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
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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
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Thomas M Albus, Buck Leigh, Individually
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of Columbia, SC, its true and lawful Attomey(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
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- 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.
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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.
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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
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-/2Lif,$
Paul . Bruflat, Senior Vice President
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State of South Dakota
County of Minnehaha
} ss
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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.
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My commission expires
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November 30, 2006
+~~~~~~~~~~~~~~~~~~~~~~~~+
~ D. KRELL ~
, ,
~~NOTARY PUBLIC~:
'~SOUTH DAKOTA~~.h
, ,
+ .....,.... Iot&t...... ......... &')....................."'" +
~
~!~bl;'
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CERTlFICA TE
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 4-rFl day of 4,..,-,1 . 200";) .
,
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WESTERN SURETY COMPANY
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Form F4280-01.02
g, 7{.~b~5<=Wy
1.';;;~QT1moC~'~;;F;~~~~. ~;o~;~~~L1TY INSURANCE -.;i~;-003
PRODUCER (770) 246-8300 FAX (770) 246-8301 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
I Sutter McLellan & Gilbreath Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
' , . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1424 North Brown Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 300
I Lawrenceville, GA 30043-8107
INSURED Bl ai r Construction, Inc.
Evans Grading & Paving LLC
P. O. Box 770
Evans, GA 30809
INSURERS AFFORDING COVERAGE '
INSURERA National Trust Insurance
INSURER B: FCCI Insurance Co.
NAlC#
1
INSURER c:
INSURER D:
INSURER E:
COVERAGI!S
1 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,
~~ POLICY EXPIRATION
~ D TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE LIMITS
I GENERAL LIABILITY CPPOO04476 02/14/2007 02/14/2008 EACH OCCURRENCE $ 1 000 DOC
I--
X COMMERCiAl GENERAl LIABILITY DAMAGE TO RENTED $ 50;00{J
I CLPiIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,000
I A PERSONAl & NJV INJURY $ 1,000 OOC
GENERAl AGGREGATE $ 2,OOO,00C
-
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000
I 'nPRO- n
I POLICY JECT LOC
AUTOMOBILE LIABILITY CA 0005458 02/14/2007 02/14/2008 COMBINED SINGLE LIMIT
- $
X ANY AUTO (Ea accident) 1.000,000
-
AlL OWNED AUTOS BODIL Y INJURY
- $
I SCHEDULED AUTOS (Per pen;on)
A -
X HIRED AUTOS BODILY INJURY
- $
X NON-OWNED AUTOS (Per accident)
-
I - PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
I AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY UMBOO02841 02/14/2007 02/14/2008 EACH OCCURRENCE $ 5,OOO,OO{J
t8J OCCUR 0 CLAIMS MADE AGGREGATE $ 5,000,00{J
I B $
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND 010-WC06A-:54981 02/14/2007 02/14/2008 X I ~gR~Wi:; I I OJ,tt
I EMPLOYERS' LIABILITY OFFICERS INCLUDED $ 1 OOO,OO{J
A ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under 1,000,000
SPECIAL PROVISIONS below EL DISEASE - POliCY liMIT $
I OTHER
p~ESCRlPTlON OF OPERATIONS' LOCI}T10NS 'VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVlfONS
I roj: Fort Gordon 20 Water Main, Augusta, GA Contract Amount 793,014.75
I. [:t.H 'n",n 14TlnI\J
SHOULD Am OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
I EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN'NOTlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Augusta GA Commission BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
I Room 605 I Municipal Building OF Am KIND UPON THE INSURER, ITS AGENTS OR REPRESEIIITATlVES.
August, GA 30911 AUTHOR~DREPRESENTATlVE ~?~ C h--
. Mark Javnes CSP/LINDAM
ACORD 25 (2001/08)
I,
@ACORDCORPORATION 1988
Ie.
, ,
3/28/2007 ,1Timel~ .49 PM TOI Blair @ 9,17068681855
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IMPORTANT
I
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)
I
Paqel 003-003
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PROJECT TITLE
ORIGINAL CONTRACT DATE
OWNER AUGUSTA, GEORGIA
CONSTRUCTION CONTRACT CHANGE ORDER
j ~~1=ER I
PROJECf 10811 FORT GORDON - 20" WATER MAIN 2006
PROJECT NUMBER 0603-01
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 INCREASE/DECREASE by _ calendar days as a: result of this change.
ORIGINAL CONTRACf AMOUNT $ 793,014.75
PREVIOUS CHANGE ORDER (INCREASE/DECREASE) $
THIS CHANGE ORDER (INCREASE/DECREASE) $
TOTAL REVISED CONTRACT' AMOUNT WITH CHANGE ORDER $
FUNDING NUMBER/ACCOUNT NUMBER
PROPOSED BY: DATE:
CONTRACfOR
REQUESTED BY: DATE:
ENGINEER
SUBMITfED BY: DATE:
DEPAR1'MENTHEAD
FINANCE ENDORSEMENT: DATE:
COMPTROLLER
RECOMMENDED BY: DATE:
ADMINISTRATOR
APPROVED BY: DATE:
MAYOR
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GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the
meanings indicated, which are applicable to both the singular and plural thereof:
Addenda-Any changes, revisions 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 ofthe 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 in the
Agreement for the completion of the Work.
CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement.
COUNTY-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the
Augusta-Richmond County Commission, and its authorized designees, agents, or employees.
Day~Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a
legal holiday, that day will be omitted from the computation. Legal Holidays: New Year's Day, Martin Luther
King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday,
and Christmas Day.
Defective-An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or
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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 ArchitecturaVEngineering 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 orthe 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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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 payment is due in accordance with paragraph 14.13. The terms "substantially complete" and
"substantially completed" as applied to any Work refer to Substantial Completion thereof.
Supplementary Conditions-The part of the Contract Documents which amends or supplements these General
Conditions.
Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor.
Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasement containing such facilities which have been installed
underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, sewage and drainage removal, traffic or other
control systems, or water.
Unit Price Work-Work to be paid for on the basis of unit prices.
Work-The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into the construction, and furnishing documents, all as
required by the Contract Documents.
Work 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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ARTICLE 2-PRELlMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with these
Contract Documents.
Copies of Documents:
2.2. After the award of the Contract, OWNER shail furnish CONTRACTOR, at no cost, one (1)
complete set of the Contract Documents for execution of the work. Additional sets of the project manual and
drawings and/or individual pages or sheets of the project manual or drawings will be furnished by COUNTY
upon CONTRACTOR's request and at CONTRACTOR's expense, which will be OWNER's standard charges
for printing and reproduction.
Commencement of Contract Time, Notice to Proceed:
2.3. The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed
may be given at any time after the Effective Date of the Contract
Starting the Project:
2.4. CONTRACTOR shall begin the Work on the date the Contract Time commences. No Work shall
be done prior to the date on which the Contract Time commences. Any Work performed by CONTRACTOR
prior to date on which Contract Time commences shall be at the sole risk of CONTRACTOR.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to PROFESSIONAL any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall
be liable to OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract
Documents, if CONTRACTOR knew or reasonably should have known thereof.
2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the
General Requirements), CONTRACTOR shall submit to PROFESSIONAL and 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.
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2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to
each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each
insurance policy (and other evidence of insurance which 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 ofthe 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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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 oras 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 ofthe Agreement ifthere 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:
3.6.1. a formal Written Amendment,
3.6.2. a Change Order (pursuant to paragraph 10.3), or
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3.6.3. a Work Change Directive (pursuantto 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 (pursuantto 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 ofthe 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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ARTICLE 4-AV AILABILlTY 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 as a result of any delay in OWNER's
furnishing these lands, rights-of-way or easements, the CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12. The CONTRACTOR shall provide for all additional lands and access thereto
that may be required for temporary construction facilities or storage of materials and equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification
of those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been
utilized in preparing the Contract Documents and those drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have
been utilized in preparing the Contract Documents.
4.2.2. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such
reports and drawings. Such "technical data" is identified in the Supplementary Conditions. Except for such
reliance on such "technical data," CONTRACTOR may not rely upon or make any claim against OWNER,
PROFESSIONAL, or any of PROFESSIONAL's Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but
not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to
be employed by CONTRACTOR and safety precautions and programs incident thereto, or
4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such 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 ofthe determination in writing. The Work shall be
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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:
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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
as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in
Articles 11 and 12. 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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ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal
to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations
under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when
final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract
Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary
Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents
and be executed by such sureties as are named in the current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published
in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds
signed by an agent must be accompanied by a certified copy of the authority to act.
Licensed Sureties and Insurers; Certificates of Insurance
5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained
by CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds
signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance
companies shall also meet such additional requirements and qualifications as may be provided in the
Supplementary Conditions.
5.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in
5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of
insurance (and other evidence of insurance requested by OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain in accordance with 5.3.
5.2.3. If the surety on any Bond furnished by CONTRACTOR is declared 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 perfonned
or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of
, them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar
employee benefit acts;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of
CONTRACTOR's employees;
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5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other
than CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any
person as a result of an offense directly or indirectly related to the employment of such person by
CONTRACTOR, or (b) by any other person for any other reason;
,5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located, including loss of use resulting therefrom;
5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or
death of any person or for damage to property; and
5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising
out of the OWNERSHIP, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include the specific 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:
5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual
liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.32 and 6.33.
OWNER's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance,
and/or Risk Retention Program, and, at OWNER's option, may purchase and maintain such insurance as will
protect OWNER against claims which may arise from operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and
maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such
deductible amounts as may be provided in the Supplementary Conditions or required by Laws and
Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors,
PROGRAM MANAGER, PROFESSIONAL and PROFESSIONAL's consultants in the Work, all of whom shall
be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage
and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious
mischief, collapse and water damage, and such other perils as may be provided in the Supplementary
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Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss
or incurred in the repair or replacement of any insured property (including but not limited to fees and charges
of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk"
insurance or othelWise provided in the Supplementary Conditions, CONTRACTOR shall purchase and
maintain similar property insurance on portions of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for Payment
5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property
insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include
the interests of OWNER, CONTRACTOR, Subcontractors, PROFESSIONAL AND PROFESSIONAL's
consultants in the Work, all of whom shall be listed as insured or additional insured parties.
5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be
purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at
least thirty days prior written notice has been given to CONTRACTOR by certified mail and will contain waiver
provisions in accordance with paragraph of 5.11.2.
5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to
protect the Interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible
amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will
be borne by CONTRACTOR, Subcontractor or others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other special insurance be included in the property
insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to
CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been
procured by OWNER.
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages
caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and
5.7 and other property insurance applicable to the Work, and also waive all such rights against the
Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in
such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between
CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of
OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as
insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the
proceeds of insurance held by OWNER as trustee or othelWise payable under any policy so issued.
5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and
5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by
the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event
of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named
as insureds 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 ,OWNER finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with
paragraph 14.10 provided that no such use or occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or
policies, but the property insurance shall not be canceled or lapse on account of any such partial use or
occupancy. '
Indemnification
5.16.1. CONTRACTOR shall indemnify and hold harmless 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 for whose acts any of them may be liable, whether or
not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder.
5.162; 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.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the
Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times
maintain good discipline and order at the site. Except in connection with the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not
permit evening work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's
written consent given after prior written notice to PROFESSIONAL.
. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and
assume full responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities
and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing,
initial operation, and completion of the Work as required by the Contract Documents.
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in
the Contract Documents. If required by PROFESSIONAL, CONTRACTOR shall 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 of the item is intended to
establish the type, function and quality required. Unless the name is followed by words indicating that no
substitution is permitted, materials or equipment of other Suppliers may be accepted by PROFESSIONAL if
sufficient information is submitted by CONTRACTOR to allow PROFESSIONAL to determine that the material
or equipment proposed is equivalent or equal to that named. The procedure for review by PROFESSIONAL
will include the following as supplemented in the General Requirements. Requests for review of substitute
items of material and equipment will not be accepted by PROFESSIONAL from anyone other than
CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment,
CONTRACTOR shall make written application to PROFESSIONAL for acceptance thereof, certifying that the
proposed substitute will perform adequately the functions and achieve the results called for by the general
design, be similar' and of equal substance to that specified and be suited to the same use as that specified.
The application will state that the evaluation and acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute
for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and
whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any
license fee or royalty. All variations of the proposed substitute from that specified will be identified in the
application and available maintenance, repair and replacement service will be indicated. The application will
also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such
substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of
which shall be considered by PROFESSIONAL. In evaluating the proposed substitute, PROFESSIONAL may
require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed
substitute.
6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in
or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction acceptable to PROFESSIONAL, if CONTRACTOR submits
sufficient information to allow PROFESSIONAL to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedure for review by PROFESSIONAL will be similar
to that provided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in 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, the Contract Price will be increased by the difference, and the cost
occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment
signed. No acceptance by OWNER or PROFESSIONAL of any such Subcontractor, Supplier or other person
or organization shall constitute a waiver of any right of OWNER or PROFESSIONAL to reject defective Work.
6.9. CONTRACTOR shall be fully responsible to OWNER and PROFESSIONAL for all acts and
omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any
of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual
relationship between OWNER or PROFESSIONAL and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part of OWNER or PROFESSIONAL to payor to see to
the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as
may otherwise be required by Laws and Regulations.
6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not
control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a 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 <;1t 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 Contract Documents. All submittals and samples shall have been checked by and
stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may require. The data
shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any
other information necessary to enable PROFESSIONAL to review the submittal as required. At the time of
each submission, CONTRACTOR shall give notice to PROFESSIONAL of all deviations that the submittal or
sample may have from the requirements of the Contract Documents.
6.24. PROFESSIONAL shall review and approve submittals and samples. Professional's review and
approval shall be only for conformance with the design concept of the Project and compliance with the
information given in the Contract Documents. The approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CONTRACTOR will make any corrections required by
PROFESSIONAL and resubmit the required number of corrected copies until approved. CONTRACTOR's
stamp of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and
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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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-OTHER WORK
Related Worlc at Site:
7.1. OWNER may perfonn 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 perfonned 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 w.ho 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 OWNER contracts with others for the perfonnance of other work on the Project at the site, the
person or organization who will have authority and responsibility for coordination of the activities among the
various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be
covered by such authority and responsibility will be itemized, and the extent of such authority and
responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the
Supplementary Conditions, neither OWNER nor PROFESSIONAL shall have any authority or responsibility in
respect of such coordination. .
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ARTICLE 8-0WNER'S RESPONSIBILITIES'
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 makes no reasonable objection, whose status under the
Contract Documents shall be that of the former PROFESSIONAl. Any dispute in connection with such
appointment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly after they are due,as provided in paragraphs 14.4 and
14.13.
8.4. OWNER's duties in respect of providing lands and easements and providing Engineering surveys
to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's
identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface
conditions at the site and in existing structures which have been utilized by PROFESSIONAL in preparing the
Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property
insurance are set forth in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.3.
8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and
15.1. Paragraph 15.2 deals with OWNER's 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. IrOWNER 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 Wor(c:
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 not be liable in connection with any interpretation
or decision rendered in good faith in such capacity. The rendering of a decision by PROFESSIONAL pursuant
to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have
been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition
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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 precalJtions and programs used. PROFESSIONAL shall npt 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 performed by CONTRACTOR without authorization of a Change Order will not
entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the
case of an emergency as provided in Article 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, 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 Contract Time) is required by the provisions of any
Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the
amount of each applicable Bond will be adjusted accordingly.
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ARTICLE 11-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to written authorized
adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any
claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party
making the claim to the other party and to PROFESSIONAL promptly (but in no event later than thirty days)
after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of
the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless
PROFESSIONAL allows an additional period of time to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts
(direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event.
All claims for adjustment in the Contract Price shall be determined by PROFESSIONAL in 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 fumished 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.
11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of
PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal
thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery
or parts shall cease when the use thereof is no longer necessary for the Worle
11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or
anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise,
to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of
the Work (except losses and damages within the deductible amounts of property insurance established by
OWNER in accordance with paragraph 5.6) provided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such losses shall include settlements made with the written consent
and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work
for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires
reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a
fee proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
site, expressage and similar petty cash items in connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of. changes in the
Work and premiums of property insurance coverage within the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.6.
11.5. The term Cost of the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers,architects, estimators, attorneys,
auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office
for general administration of the Work and not specifically included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-a1l of which are to be
considered administrative costs covered by CONTRACTOR's Fee.
11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's
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office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital
used for the Change Order Work and charges against CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except for the cost of premiums
covered by subparagraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly, employed by any of them or for whose acts any of them may be liable, including but not limited to,
the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any
damage to property.
11.5.6. Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11.6. CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined
as follows:
11.6.1. a mutually acceptable fixed fee, or if none can be agreed upon;
'11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be
fifteen percent,
11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's 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,
11.3,
11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and
11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change
which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in
CONTRACTOR's Fee by an amount equal to ten percent of the net decrease, and
11.6.2.5. when both additions and credits are involved in anyone change, the adjustment in 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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August 20~)1
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 Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified item of Unit Price Work times the estimated quantity of
each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not
guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR
will be made by PROFESSIONAL in accordance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be
adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
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 Da te
August 20.01
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 CONTRACTOR shall have strictly complied with all
the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract
Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance,
progress, commencement or completion of the Work for any cause whatsoever, including those for which
OWNER or PROFESSIONAL may be responsible in whole or in part, shall relieve CONTRACTOR of its duty
to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR's
sole and exclusive remedy against OWNER for interruption, interference, inefficiency, suspension or delay of
any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the
procedures set forth herein.
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Auqust 20~1
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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August 20~1
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 oreler 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 aUWork
of others destroyed or damaged by the correction, removal, or replacement of the defective Work.
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Revision Date
AUgust 20~1
One Year Correction Period:
13.12. If, after approval of final payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Documents, any Work or materials are found to be
defective, incomplete, or otherwise not in accordance with the Contract Documents, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such
defective Work or if it has been rejected by OWNER, remove it from the Site and replace it with non-defective
Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have
the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such
removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and
other professionals) will be paid by CONTRACTOR.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER
(and, prior to PROFESSIONAL's recommendation of final payment, 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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Auqust 20.01
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 rightto 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, inclyding 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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Auqust 2091
ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in 2.9 will serve as the basis for progress
payments and will be incorporated into a form of application for Payment acceptable to Project Manager.
Progress payments on account of Unit Price Work will be based on the number of units completed.
Application for Progress Payment:
14.2. At least twenty (20) calendar days before the date established for each progress payment (but
not more often than once a month), CONTRACTOR shall submit to PROFESSIONAL for review an application
for Payment filled out and signed by CONTRACTOR covering the work completed as of the date of the
application and accompanied by such supporting documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and
suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the
materials and equipment free and clear of all liens and evidence that the materials and equipment are covered
by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which
will be satisfactory to OWNER. Payment is subject to a ten percent (10%) retainage that will be held until the
final payment or acceptance by OWNER. The amount of retainage with respect to progress payments will be
as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment
covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no
later than the time of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. PROFESSIONAL will, within ten (10) calendar days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the application to OWNER, or
return the application to CONTRACTOR indicating in writing PROFESSIONAL's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit
the application. OWNER shall, within thirty-one calendar days of presentation to him of the application for
payment with PROFESSIONAL's recommendation of the amount for payment, pay CONTRACTOR amount
recommended.
14.5. PROFESSIONAL's recommendation of any payment requested in an Application for Payment
will constitute a representation by PROFESSIONAL to OWNER, based on PROFESSIONAL's on-site
observations of the Work in progress as an experienced and qualified design PROFESSIONAL and on 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 for in 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 setforth in paragraph 14.13 have been fulfilled.
14.7. PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in
PROFESSIONAL's opinion, it would be incorrect to make such representations to OWNER. PROFESSIONAL
may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent
as may be necessary in PROFESSIONAL's opinion to protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has been damaged requiring correction or
replacement.
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order.
14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with
paragraph 13,14. or
14.7.4. of PROFESSIONAL's actual knowledge of the occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount recommended by PROFESSIONAL because claims
have been made against OWNER on account of CONTRACTOR's performance or fumishing 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 notifyOWNER 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 PRQFESSIONAL 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. OWNER may at any time request CONTRACTOR, in writing, to permit OWNER to take over
operation of any such part of the Work although it is not substantially complete. A copy of such request will be
sent to 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 of the Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed 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) consent of the surety,
if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of
all liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as
approved by 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:
14.13. If, on the basis of PROFESSIONAL's observation of the Work during construction and final
inspection and PROFESSIONAL's review of the final Application for Payment and accompanying
documentation as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled,
PROFESSIONAL will, within ten (1 O) working days after receipt of the final Application for Payment, indicate in
writing PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment.
At the same time PROFESSIONAL will also give written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of 14.6, Otherwise, PROFESSIONAL will return the application to
CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and resubmit the Application. After the presentation to
OWNER of the application and accompanying documentation, in appropriate form and substance and with
PROFESSIONAL's recommendation and notice of acceptability, the amount recommended by
PROFESSIONAL will become due and will be paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and
if PROFESSIONAL so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for
Payment and recommendation of PROFESSIONAL and without terminating the Agreement, make payment of
the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held
by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Contract and
if bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR
to PROFESSIONAL with the application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. Neither recommendation of any progress or final
payment by PROFESSIONAL, nor the issuance of a certificate of Substantial Completion, nor
any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or
occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER
nor any failure to do so, nor any review and approval of a Shop Drawing or 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 or a release of
CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents
(except as provided in paragraph 14.16).
Waiver of Claims:
14.16. The making and acceptance of final payment will constitute:
14.16.1. A waiver of all claims by OWNER against CONTRACTOR, except claims arising from
unsettled liens, from defective Work appearing after final inspection pursuant to 14.11, from failure to comply
with the Contract Documents or the terms of any special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the Contract Documents; and
14.16.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made
in writing and still unsettled.
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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 at the site or for which OWNER has paid CONTRACTOR but which are
stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall
not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract
Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to
fees and charges of PROFESSIONALs, architects, attorneys and other PROFESSIONALs and court and
arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to
reasonableness by PROFESSIONAL and incorporated in a Change Order, but when exercising any rights or
remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work
performed.
15.3. In the event OWNER terminates the contract for cause and it is subsequently judicially
determined that there was no cause for termination, the termination for convenience provision will be the
means for disposition of the balance of the contract obligations.
Termination for Convenience
15.4. Upon seven working days' written notice to CONTRACTOR and PROFESSIONAL, OWNER
may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the
Contract. In such case, CONTRACTOR shall be paid (without duplication of any items):
15.4.1. For completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such
Work;
15.4.2. For expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials or equipment as required by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
15.4.3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.5. Where CONTRACTOR's services have been so terminated by OWNER, the termination will
not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
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
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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 arid 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.
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August 20.01
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 OWNERof notice thereof. Each decision by OWNER will be in writing and will be mailed to
CONTRACTOR by registered or certified mail. return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR
arising out of. or relating to, the Contract Documents or the breach thereof shall be decided under Georgia
Law in the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract
consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to
contest same.
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ARTICLE 17 -MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail,
postage prepaid, to the last business address known to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed
to exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be
omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall
constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of
any error, omission or act of the other party or of any of the other party's employees or agents or others for
whose acts the other party is legally liable, claim should be made in writing to the other party within a
reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or
repose.
17.4. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees
and obligations imposed upon CONTRACTOR by paragraphs 6.32,13.1,13.12,13.14,14.3 and 15.2 and all
of the rights and remedies available to OWNER and PROFESSIONAL thereunder, are in addition to, and are
not to be construed in any way as a limitation of, any rights and'remedies available to any or all ofthem which
are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to
which they apply. All representations, warranties and guarantees made in the Contract Documents will survive
final payment and termination or completion of the Agreement.
17.5. CONTRACTOR shall keep adequate records and supporting documentation applicable to this
Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of
five (5) years from the date of final completion or termination of this Contract. OWNER shall have the right to
audit, inspect, and copy all such records and documentation as often as OWNER deems necessary during the
period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be
conducted only during normal business hours. OWNER, during this period of time, shall also have the right to
obtain a copy of and otherwise inspect any audit made at the direction of CONTRACTOR as concerns the
aforesaid records and supporting documentation.
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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.GA 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 ofthese general conditions, there shall be no substitutions of
materials that are not determined to be equivalent to those indicated or required in the contract documents
without an amendment to the contract.
Sanitary Sewer Overflow Prevention:
17.9. Procedures to Prevent Overflows During Sanitary Sewer Construction:
17.9.1 The CONTRACTOR is hereby notified that the discharge of any untreated wastewater to
waters of the State is a violation of Georgia Water Quality Regulations and is prohibited.
17.9.2 The CONTRACTOR will submit an Emergency Response Plan prior to beginning work. This
plan will include a list of key personnel with 24-hour contact information who will respond during an emergency
situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any
changes to the Emergency Response Plan will be submitted to the, RESIDENT PROJECT
REPRESENTATIVE prior to implementation.
17.9.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans
and supporting calculations must be submitted to the Augusta Utilities Department for review prior to
establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if
failure of the primary pumping system could result 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
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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 of the CONTRACTOR
PROGRAM MANAGER:
17.10 The PROGRAM MANAGER for the project is CH2M HILL, 360 Bay Street, Suite 100 Augusta,
GA 30901.
The presence or duties of PROGRAM MANAGER's personnel at the construction site, whether as onsite
representatives or otherwise, do not make PROGRAM MANAGER or PROGRAM MANAGER's personnel in
any way responsible for those duties that belong to OWNER and I or the CONTRACTOR or other entities, and
do not relieve the CONTRACTOR or any other entity of their obligations, duties, and responsibilities, including,
but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the construction Contract
Documents and any health and safety precautions required by such construction work.
PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control
over any construction contractor or other entity or their employees in connection with their work or any health
or safety precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or
safety deficiencies of the CONTRACTOR( s) or other entity or any other persons at the site except PROGRAM
MANAGER's own personnel.
The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to
OWNER a greater degree of confidence that the completed construction work will conform generally to the
construction documents and that the integrity of the design concept as reflected in the construction documents
has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither
guarantees the performance of th!3 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 CONDmONS
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 $ 1,000,000
. General Aggregate $ 2,000,000
. Products $ 2,000,000
. Personal & Adv Injury $1,000,000
. Fire Damage $ 500,000
. Automobile liability (any auto) Combined Single Limit $1,000,000
. Excess Liability (Umbrella) Each Occurrence $5,000,000
. Workers Compensation Statutory Limits
. Employer Liability $1,000,000
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SC - 1
SC - 2
SC - 3
SC - 4
SC - 5
SC - 6
SC - 7
SC - 8
SC - 9
SC - 10
SC - 11
SC - 12
SC - 13
SC - 14
SC - 15
SC - 16
SC - 17
SC - 18
SC - 19
SC - 20
SC - 21
SUPPLEMENTARY CONDITIONS
INDEX
CONTRACT DOCUMENTS AND DRAWINGS
CONTRACTOR'S FIELD OFFICE
TEMPORARY SANITARY FACILITIES
BOUNDARIES OF WORK
EXISTING STRUCTURES AND UTILITIES
TRAFFIC SAFETY
UTILITIES
ESTIMATE OF QUANTITIES
SURVEYS
DIMENSIONS
EROSION AND SEDIMENT CONTROL
SAFETY AND HEALTH REGULATIONS
SITE CONTAMINATION AND CHEMICALS
STORAGE OF MATERIAL
MANUFACTURER'S DIRECTIONS
CLEANING UP
PRIOR USE BY OWNER
RESTORATION OF PROPERTY
SUBSURFACE INVESTIGATION
MAINTENANCE OF ACCESS
CONDITIONS FOR ENTRY TO FORT GORDON
SECTION SC
SUPPLEMENTARY CONDITIONS
0603-01 SC.doc
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SECTION SC
SUPPLEMENTARY CONDITIONS
SC - 1
CONTRACT DOCUMENTS AND DRAWINGS:
The Contract Documents which form a part of this contract include Advertisement
for Bids, Information for Bidders, Bid, Bid Bond, Notice of Award, Agreement,
Payment Bond, Performance Bond, Notice to Proceed; Change Order, General
Conditions, Supplementary Conditions, Technical Specifications, Drawings and
Addenda,
Specifications: The specifications consist of a written description of a
general and technical nature of materials, equipment, construction systems,
standards and workmanship, and include General Conditions, Supplemental General
Conditions, Supplementary Conditions and Technical Specifications indexed at
the front of this bound volume of Contract Documents.
Drawings: The Engineer will furnish to the Contractor, free of charge, all
copies of the drawings and specifications reasonably necessary for the
execution of the work, Locations of all features of the work included in the
contract are indicated on the contract drawings. The following drawings, dated
APRIL 2003 comprise the plans for this contract.
LIST OF DRAWINGS
COVER SHEET
C1
C2
C3
C4
CS
C6
M1
M2
M3
E1
LOCATION AND INDEX
FORT GORDON - STA. 0+00 TO STA. 15+00
FORT GORDON STA, 15+00 TO STA. 30+00
FORT GORDON PROFILE STA, 30+00 TO STA, 36+00
FORT GORDON PROFILE STA, 36+00 TO STA. 50+65
FORT GORDON EROSION CONTROL PLAN
EROSION CONTROL DETAILS
CHECK VALVE PIT - PLAN AND SECTIONS
METER VAULT - PLAN AND SECTIONS
MISCELLANEOUS DETAILS
METER VAULT - ELECTRICAL PLAN, NOTES AND DETAILS
SC - 2
CONTRACTOR'S FIELD OFFICE:
The Contractor shall maintain a field office on the site of the work which
contains a telephone, the contract documents, and the contractor's records.
SC - 3
TEMPORARY SANITARY FACILITIES:
Upon commencing work, the Contractor shall provide temporary screened and
shielded sanitary privies in a manner meeting the approval of the Engineer.
Facilities shall be maintained in a sanitary condition by the Contractor and in
compliance with the requirements of authorities having jurisdiction. All
temporary facilities shall be removed by the Contractor and the area returned
to its original condition prior to acceptance of the completed project.
SC - 4
BOUNDARIES OF WORK:
The Contractor shall not enter on or occupy with men, tools, equipment, or
materials, any ground outside the limits of Owner's property or construction
easements without written consent of the Owner of such property.
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SECTION SC
SUPPLEMENTARY CONDITIONS
SC - 5
EXISTING STRUCTURES AND UTILITIES:
It is mandatory that the Contractor locate all previously placed underground
installations and construction prior to his engaging in any work in areas where
such improvements may exist. The Contract drawings indicate general locations
of such existing improvements solely for the purpose of initial and general
representation thereof. The Owner and Engineer have not verified locations of
these improvements as a basis for locations displayed on the drawings, All
utilities and improvements must be located and flagged by the Contractor prior
to commencing work, Flags must be maintained and based upon actual field
determinations, The Owner's project inspector must be notified before any work
begins in vicinity of existing underground improvements,
The Contractor shall be held responsible for any damage and-for maintenance and
protection of existing construction and utilities. All damaged construction,
utilities or improvements shall be restored to the original or better condition
in which they were discovered,
SC - 6
TRAFFIC SAFETY:
The Contractor will be held responsible for any damages caused by negligence on
his part, or by the improper placing of or failure to display danger signs and
road lanterns; all traffic lanes will be kept open and clear at all times and
no excavated material or equipment will be placed on pavement during
construction.
SC - 7
UTILITIES:
The Contractor shall provide for temporary utilities for construction
operations. Potable water is available from hydrants. The Contractor shall
make provisions for telephone service with the phone company, Electric power
for construction operations shall be provided by the Contractor by arrangement
with the appropriate power company. The Contractor shall make suitable
arrangements to provide fuel for temporary heating and/or other construction
operations as necessary.
SC - 8
ESTIMATE OF QUANTITIES:
Estimated quantities of work to be done and materials to be furnished under
this Contract if shown in any of the documents including the BID, are given
only to indicate approximately the scope of the Contract; variation of the
quantities reasonably necessary to complete the work contemplated by this
Contract shall, in no way, vitiate this Contract, nor shall any such variation
give cause for claims or liability for damages.
SC - 9 SURVEYS:
The Contractor shall make his own surveys and establish his own working lines
and grades from the basic reference lines established by the Engineer.
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II SUPPLEMENTARY CONDITIONS
SC - 10 DIMENSIONS:
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Dimensions shown in figures or which can be determined by computation from
other figures shown, shall take precedence over dimensions scaled from the
drawings, When the work of the Contractor is affected by finished dimensions,
these shall be determined by the Contractor at the site and he shall assume the
responsibility thereof.
SC - 11 EROSION AND SEDIMENT CONTROL:
The Contractor will be required to schedule his work and perform operations in
such a manner that siltation and bank erosion will be minimized during all
phases of construction. Any areas disturbed during the course of construction
shall be restored to a condition equal or better than the original condition.
Grassing of disturbed areas shall be the minimum acceptable restoration, Silt
control devices such as straw bale fences and/or silt fence weight filter
fabric shall be installed' to limit migration of silt to the water courses.
Erosion Control devices such as mats, grass, mulch, and crushed stone shall be
installed to protect adjoining areas from soil contamination, Compliance with
the guidelines of the Manual for Erosion and Sedimentation Control in Georgia~
,pursuant to the Erosion and Sedimentation Act of 1975, shall apply as though
fully set forth herein,
The Contractor shall procure a Land Disturbing Permit from: Augusta-Richmond
Planning Commission, 525 Telfair Street, Augusta, GA 30911, As a part of the
permitting process, the Contractor shall provide his construction schedule of
land disturbing work and shall include a plan of the temporary measures to be
in place during construction. An employee of the prime Contractor shall be
designated as the work site Erosion and Sediment Control Supervisor who is to
be responsible for timely installation of erosion and sediment control measures
and who shall provide early detection and correction of erosion, sediment, and
flooding problems and who shall have full (24 hr) access to the
personnel, equipment, materials, means and measures to ensure correction of
routine and or special deficiencies.
Permanent erosion control measures for this site include moderate slopes,
pavement, and permanent grassing. The Contractor shall strive to expedite
completion of the permanent measures and shall keep the temporary measures in
place until a satisfactory grass cover is established, Sediment and erosion
control materials shall be as specified in Section T1, Site Work and Section
T19 Grassing.
An erosion control and sediment containment (E&S) allowance limit is included
as a supplementary bid price, Where installed quantities of acceptable E&S
measures result in an overrun of the E&S allowance limit an upward adjustment
cf the contract will be made on the basis of the total amount resulting from
installed quantities and unit prices of E&S bid items. Because this contract
considers the E&S work to be a subsidiary obligation of the base bid items, no
downward adjustment of the base bid will be made where more efficient E&S means
result in adequate control of erosion control and containment of silt.
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SECTION SC
SUPPLEMENTARY CONDITIONS
SC - 12
SAFETY AND HEALTH REGULATIONS:
The Contractor shall comply with the Department of Labor Safety and Health
Regulations for construction promulgated under the Occupational Safety and
Health Act of 1970 (PL91-S96) and under Sec. 107 of the Contract Work Hours and
Safety Standards Act (PL91-S4),
SC - 13 SITE CONTAMINATION AND CHEMICALS:
The CONTRACTOR shall prevent the construction site from being contaminated with
any substance in quantities or under circumstances prohibited by environmental
protection laws of the United States or the State of Georgia. The CONTRACTOR
shall be responsible to the OWNER if, at any time, state or federal authorities
make a claim or demand against the OWNER on account of contamination of the
site caused or allowed by the CONTRACTOR or any of its forces or
subcontractors,
All chemicals used during project construction or furnished for project
operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of
other classification, must be registered for the purpose specified with USDA.
Use of all such chemicals and disposal of residues shall be in strict
conformance with instructions.
SC - 14 STORAGE OF MATERIALS:
Materials shall be so stored as to insure the preservation of their quality and
fitness for the work, When considered necessary, they shall be placed on
wooden platforms or other hard, clean, surfaces, and/or placed under cover,
Stores of materials shall be so locat~d as to facilitate prompt inspection.
SC - 15 MANUFACTURER'S DIRECTIONS:
Manufactured articles, materials and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned as directed by the
manufacturer unless herein specified to the contrary.
SC - 16 CLEANING UP:
The Contractor shall keep the premises free from the accumulation of waste
material and rubbish, and upon completion of the work, prior to final
acceptance of the completed project by the Owner, he shall remove from the
premises all rubbish, surplus materials, implements, tools, etc" and leave his
work in a clean condition, satisfactory to the Engineer. On a daily basis, the
work area shall be cleaned sufficiently to produce a neat appearance.
SC - 17 PRIOR USE BY OWNER:
Prior to completion of the work, the Owner (by agreement with the Contractor)
may take over the operation and/or use of portions of the project. Such use of
facilities by the Owner shall not be deemed as acceptance of any work or
relieve the Contractor from any of the requirements of the Contract Documents,
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SECTION SC
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SC - 18 RESTORATION OF PROPERTY:
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The Contractor shall carefully restore all property defaced by the operations
or acts of any of his agents or employees. Such restoration shall include
seeding, sodding, transplanting of lawns, hedges, or ornamental plantings, and
the repair or replacement of streets , driveways, walks, fences, or other
facilities in such a manner as to meet the approval of the Engineer. No
structures, fences or trees shall be removed without the consent of the
property owner or until condemnation procedure, if necessary, has been
completed.
Restoration of property shall commence immediately upon substantial completion
of the proposed work in the various areas of the construction site.
SC - 19 SUB-SURFACE INVESTIGATION:
Soil boring information is not available for the site.
SC - 20 MAINTENANCE OF ACCESS
The Contractor will be required to maintain vehicular and pedestrian access
to all businesses and institutions during the time they are open and to all
residential and other occupied buildings and facilities at all times.
Whenever direct entrance is blocked from one direction, suitable access shall
be proviqed from another location. Bridges with handrail protection will be
required for crosswalks at street intersections, It is recognized that it
will be necessary to remove bridges and block cross traffic while equipment
is in operation. The Contractor shall plan and pursue his operations so as
to minimize the time that direct entrance is blocked.
SC - 21 CONDITIONS FOR ENTRY TO FORT GORDON:
Vehicle Registration: The contractor was reminded that stickers for POPs are
required for prime contractor and all subcontractors working on the
installation. A letter was supplied at the pre-construction conference to the
contractor, This letter is to be presented at the Vehicle Registration Office
when registering vehicles. The Vehicle Registration Office is located at
building 33720, Room 151, Contractor was informed that POV's are to enter the
installation through Gate 1, 2 or 5. ALL vehicles that display company logo -
either through "vehicle detailing" or magnetic signs must enter the
installation through Gate 3. All company vehicles will be turned away at Gate
1,2 or 5 and vice-versa regarding POV's at Gate 3.
Clean up: The contractor was reminded that the project area is to be kept as
clean as possible during the progress of the job.
Office/Storage Trailer: Due to the nature of work being performed under this
contract, the contractor's material/equipment can be placed on both the job-
site and lay-down yard as shown on the plans.
Security: The contractor was reminded that he is responsible for securing his
supplies and tools while performing work on the installation.
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SECTION SC
SUPPLEMENTARY CONDITIONS
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Safety; The Installation Safety Officer, Mr, Slandin, telephone number 791-
4405, was provided, In case of injury, Eisenhower Anny Medical Center, and
post ambulance service can be used, until patient is stabilized, at which
time he will be transferred at contractor's expense to a downtown facility.
The contracting office and the Safety Officer should be notified immediately
as soon as possible after an accident. An accident report Engr Fonn 3394,
shall be submitted within 24 hours of injury. Contractor must comply with all
OSHA requirements pertinent to this project, Reiterated to the contractor the
importance of applicable safety equipment for all employees,
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Hard hats and all applicable protective equipment pursuant to OSHA guidelines
are to be used at all times work is being perfonned at the job site by
contractor personnel as well as government personnel visiting the job site,
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0603-01 se.doc
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SECTION Tl
SITE WORK
SCOPE:
The work covered by this speclfication consists of furnishing all labor,
equipment, appliances, materials and supervision, and in performing all
operations in connection with clearing, grubbing, excavation, filling,
backfilling, grading the site, field layout, staking, and grade setting in
strict accordance with this section of the specifications, the applicable
drawings and terms and conditions of the Contract,
APPLICABLE SPECIFICATIONS:
The current edition of the following specifications form a part of this
specification:
American Society for Testing Materials Designation:
D 1557
D 1556
D 2167
D 2922
Modified Proctor
Sand cone method
Rubber balloon methoq
Nuclear methods for in place "Density".
Georgia Department of Transportation Specifications:
814
881
Soil Base Materials
Plastic Filter Fabric
GENERAL:
Operations shall be conducted in a manner that will provide for the safety of
employees and others, Existing utility lines, paving or structures to remain
shall be safeguarded and protected from damage, and supported if necessary.
Prior to any work the Contractor shall obtain necessary permits for work in the
area or shall ascertain that the permits have otherwise been obtained, See
Special Conditions, Paragraph SC-9 for field layout, staking, and,grade setting
requirements,
Classification of Excavation: All excavation in connection with site work will
be considered unclassified common excavation.
CLEARING:
Clearing shall consist of the felling, clearing and satisfactory disposal of
the trees and other vegetation on site together with the snags, brush and
rubbish occurring within the property lines,
GRUBBING:
Grubbing shall consist of the removal and disposal of all stumps, roots larger
than 1 1/2 inches in diameter to the depth specified, and matted roots from the
areas to be grubbed. Stumps, roots, logs or other timber 1 1/2 inches and over
in diameter, matted roots, and other debris not suitable for foundation
purposes, shall be excavated and removed to a depth not less than 18 inches
below any subgrade, shoulder or slope; and to a depth of 12 inches below finish
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SECTION Tl
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grade in areas to be grassed, All depressions excavated below the original
ground surface for or by the removal of stumps and roots, shall be refilled
with suitable material and compacted to make the surface conform to the
surrounding ground surface. Grubbing will not be required in areas other than
those occupied by current, and proposed construction and graded and grassed
areas,
SITE CONDITIONS:
Organic materials and loose sand or other unsuitable soil located at or below
the level of footings, pavement or under structures, shall be removed and
replaced with fill material compacted to 98% of ASTM D-1557 (Modified Proctor).
Fill and backfill material shall consist of suitable excavated material. Where
necessary, the excavations shall be dewatered by well-pointing and the sides of
the excavation shall be fully shored and braced.
DISPOSAL OF CLEARED AND GRUBBED MATERIAL:
Merchantable Timber: All merchantable timber cut from the construction sites,
or from the rights-of-way, shall become the property of the Contractor.
Burning or Removal From Site: All timber, logs, stumps, roots, brush, rotten
wood and other refuse from the clearing and grubbing operations shall be
removed from the site and properly disposed of by the Contractor.
GRADING:
General: Site grading shall consist of excavating and placing all necessary
materials outside the limits of the structure. Site grading shall be completed
when all surfaces are in conformity with the contours as shown on the drawings,
smooth, firm, containing the specified materials. Site grading shall also
include all excavation, filling and compacting required for construction of
temporary roads.
Borrow Material shall be selected from excavated on-site materials to meet the
requirements and conditions of the particular application for which it is to be
used, The material shall consist of sand soils or sand-clay soils capable of
being readily shaped and compacted to the required densities and shall be free
of roots, trash and any other deleterious material. The material shall be
obtained from on-site excavation as approved by the Engineer. Borrow material
shall be stored as necessary, and shall be graded and maintained so that
adequate and proper drainage and a neat appearance shall exist at all times,
Topsoil shall consist of a natural material that occurs in s'urface deposits of
limited depth, and, in general, on elevated areas, it shall be composed of
natural mixtures of clay and soil binder with sand, Topsoil shall contain not
more than 25 percent of clay and shall be free of stones larger than 2 inches
in diameter, roots, excessive vegetation, rubbish or other deleterious matter.
The Engineer shall approve topsoil before being used on the work, Topsoil as
described, shall be excavated from all areas to be disturbed, whether for
structures, piping, site grading, or paving, and it shall be stored for later
use. Stockpiled topsoil shall be placed to afford good drainage,
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Topsoil work shall not be performed when the soil is so wet that the tilth of
the soil will be destroyed,
RIP RAP:
Designated areas shall be rip rapped for a minimum of 5 square yards each.
Areas to receive rip rap shall be covered with a woven plastic filter fabric
and 4" size to 60 Ibs. stone. The area to be covered shall be prepared to a
relatively smooth condition free of obstructions, depressions and debris. The
fabric shall be placed with the long dimension running up the slope, and
overlapped a minimum of 1 foot at joints. Fabric shall be anchored in place
with pins of a type recommended by the fabric manufacturer, placed not more
than 3 inches from the centerline of the overlap, Fabric shall be placed
loosely so as to give and avoid stretching or tearing during placement of rip
rap. Fabric shall be protected from clogging due to clay, silt or other
contaminants and shall be cushioned with sand of sufficient depth to protect
the fabric during placement of rip rap. Stones shall be dropped not more than
3 feet during construction. Rip rap shall be placed to form a uniform surface
not less than 8 inches thick, with a tolerance of plus 4 inches.
Embankment: This item consists of placing in fills and embankments for
roadways, and other site grading work, the materials removed from the various
excavations and borrow pits, all as specified herein and in accordance with the
appropriate lines, grades, sections, contours and dimensions.
Roadways: Paved roadways shall be constructed in accordance with Augusta-
Richmond County Public Works Department specifications. Roadways shall consist
of a compacted subgrade and 6" of graded aggregate base, The top 8" of the
subgrade shall be compacted to 98% density as measured by Modified Proctor,
ASTM D 1557; the 6" base shall be compacted to 100% of the Modified proctor
density,
CONSTRUCTION METHODS:
General: During construction, embankments, fills and excavations shall be kept
shaped and drained. Ditches and drains along the subgrade shall be maintained
in such manner as to drain effectively at all times. Grading shall be done so
that the surface of the ground will be properly sloped to prevent water from
running into the excavations for structures or pipe lines; any water which
accumulates in excavations shall be removed promptly. Excavated materials
shall not be stockpiled within a distance from the edge of any excavation less
than 1-1/2 times the depth of the excavation. Suitable material removed from
excavation shall be used, where feasible, in the formation of embankments,
fills, subgrades, shoulders, backfills, and site grading; excess material from
excavation not required for such uses, or materials not suitable for such uses,
shall be stockpiled. Any wetting, hauling, s cari fying, mixing, shaping,
rolling, tamping or other operation incidental to the following requirements,
which, in the judgment of the Engineer, are necessary to obtain the specified
results, shall be performed by the Contractor at no additional expense to the
Owner.
Site Grading: Except as otherwise specified herein, all disturbed areas on the
site shall be finished off to a uniformly smooth surface, free from abrupt,
irregular surface changes. The degree of smoothness shall be that ordinarily
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SECTION T1
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obtainable from power grader operations, The finished surface shall not be
more than 0.20 foot above or below the established grade. There shall be no
roots, wasted building materials, trash or other unsightly matter projecting
through or visible at the surface.
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Ditches shall be cut accurately to line, grade, and cross section. Any
excessive ditch excavation shall be backfilled to grade with material approved
by the Engineer, consisting of suitable excavated soil, bornow or stones. The
requirements of paragraph ~Site Grading" above, shall apply to ditches except
as follows: The degree of smoothness shall be that usually obtainable with
string line or hand raking methods; the finished surface of ditch slopes shall
not be more than 0.10 foot above or below the appropriate elevations,
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Embankment: Sloping ground surface, ~teeper than one vertical to four
horizontal, on which embankment or fill is to be placed, shall be plowed,
stepped, or broken up in such manner that the embankment material will bond
with the existing surface. Approved material, consisting of earth, sandy clay,
sand and gravel, clay gravel, soft shale, or other granular material (not
containing muck, trees, stumps, brush, matted roots or other clods of earth or
stones) shall be placed in horizontal layers of loose material not more than 8
inches in depth. Each layer shall be spread uniformly and tamped and compacted
to 85 percent of the density measured by Modified Proctor ASTM D1557. Tamping
shall be accomplished by sheepsfoot rollers or mechanical hand tampers. Final
compaction may be by an approved power roller weighing not less than 10 tons,
except where insufficient cover may cause damage to pipe.
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INSPECTION AND TESTS:
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The Contractor shall be responsible for the soil moisture density tests and for
the in-place tests of filled and backfilled areas, Tests shall be performed by
an independent laboratory approved by the Engineer and shall be performed in
accordance with the following: (1) Laboratory Density Tests on soils shall
conform to ASTM D1557 or AASHTO T180, METHOD A, and (2) Field Density Tests on
soils shall accurately reflect in place density, Two Laboratory certified
copies each of the moisture density tests and the in-place tests shall be
forwarded promptly by the Laboratory to the Engineer,
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Tests for in-place density shall consist of 4 laboratory tests and 10 field
density tests. The Owner will pay directly to the testing laboratory only for
tests in excess of this number, except that where they are retests on materials
that failed to meet the specifications, the retesting of rejected materials and
reinstalled work shall be done at the Contractor's expense,
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The Engineer, at his discretion, may order tests and inspections to be
performed during the progress of the work, or at the completion of any
individual unit of the work, or at the time of final inspection of the entire
project, Random spot checks of elevation and slopes shall be conducted by
ordinary differential level and profile methods. Random spot-checks of topsoil
thickness shall be conducted by cutting through the surface with a spade or
mattock, and measuring the thickness of topsoil exposed.
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SECTION Tl
SITE WORK
GRASSING:
Areas disturbed by construction operations shall be grassed in accordance with
the GRASSING SPECIFICATION. Areas to be grassed shall be planted, maintained,
and shall utilize lime, fertilizer, proper and approved grass and mulch
sufficient to produce a cover suitable to eliminate significant erosion.
MAINTENANCE:
Inspection of site work as it is completed shall not constitute final
acceptance of the item. The Contractor shall maintain all items in such
condition as to be ready for final inspection from the time of completion until
the final acceptance of the entire project,
EROSION AND SEDIMENT CONTROL:
GENERAL:
Grading operations shall be conducted in a manner that will minimize the
exposure of disturbed soil to wind and rain. The contractor shall make every
effort to temporarily stabilize disturbed areas as soon as the desired grade
is achieved, and shall sequence operations logically such that exposed areas
are utilized for structures or permanently stabilized in a timely manner.
All work shall be done in accordance with the latest edition of the "Manual
for Erosion and Sediment Control in Georgia".
Temporary Silt Fencing shall be installed as a minimum to inhibit the migration
of silt from the construction area. Filter fabrics free of defects or flaws
shall be installed against stable posts capable of supporting the weight of the
intercepted soil. Collapsed or overwhelmed fence shall be promptly repaired or
replaced,
Filter Fabrics Materials shall be strong rot-proof synthetic fibers formed into
a fabric of either the woven or non-woven type. Either type of fabric shall be
free of any treatment or coating which might significantly alter its physical
properties after installation. The fabric shall contain stabilizers and/or
inhibitors to make the filaments resistant to deterioration resulting from
exposure to sunlight or heat, The fabric shall be a pervious sheet of
synthetic fibers oriented into a stable network so that the fibers retain their
relative position with respect to each other under normal handling,
installation, and service conditions. Edges of the fabric shall be finished to
prevent the outer yarn from pulling away from the fabric.
During all periods of shipment and storage, the fabric shall be wrapped in a
heavy-duty protective covering which will protect the cloth from sunlight, mud,
dust, dirt, and debris. The fabric shall not be exposed to temperatures
greater than 140 degrees F.
The fabric shall meet the physical requirements called out in GA DOT
Specification 881,05.
Filter Fabric Backing, where required, shall be woven wire and attached to the
posts by wire, cord, staples, nails, or other acceptable means. The filter
fabric shall be installed in such a manner that 6 to 8 inches of fabric is left
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SECTION Tl
SITE WORK
at the bottom to be buried and a minimum overlap of 18 inches is provided at
all splice joints, After the fabric is installed in a trencn,the trench is
then to be backfilled and compacted so that no flow can pass under the barrier.
The Wire Support Fence shall be at least 24" high and shall have at least 6
horizontal wires 4x4 Wl.4xWl.4 or equal,
Posts for Type B silt fence shall be a minimum of 3 feet long and may be soft
wood, oak or steel. Soft wood posts shall be at least 2" in dia, or 2" x 2"
nominal oak posts shall be at least 1" thick and steel shall be at least 0,75
lb . / ft ,
Posts for Type C silt fence shall be a minimum of 4 feet and be made of steel
at least 1.3 lb./ft.
Wire Staples/Fasteners shall be #17 gauge minimum and shall have a crown at
least 3/4 inch wide and legs at least 1/2 inch long. Nails for fasteners shall
be #14 gauge minimum, 1 inch long with 3/4 inch button heads. Fasteners shall
be evenly spaced with at least 4 per post.
Straw Bale
additional
installed.
anchored to
Di tch Checks: To control erosion in waterways and to provide
restriction of silt migration, temporary ditch checks shall be
Standard rectangular mechanically produced straw bales shall be
2x4x4'-0" posts set 2.5' below grade.
Removal of Temporary Soil Erosion and Sediment Control Measures: After
permanent erosion control features of the work site are complete and ample
grass is established, the temporary fences, ditch checks, etc. shall be
removed, Silt that has collected shall be removed, or when appropriate,
regraded, stabilized, and planted.
RESTORATION OF PRIVATE PROPERTY:
The Contractor shall carefully restore all property defaced by operations or
acts of any of his agents or employees. Such restoration shall include
seeding, sodding, and transplanting of lawns, hedges or ornamental plantings,
and the repair or replacement of other private facilities in such manner as to
meet the approval of the Engineer and at no additional cost to the Owner. No
structures or trees shall be removed without the consent of the property owner
or until condemnation procedure, if necessary, has been completed.
PAYMENT:
Payment for all items covered by this section of the specifications shall be
paid in accordance with the bid item list, No other separate payment will be
made for the work by this section of the specifications and all costs in
connection therewith shall be included in the appropriate lump sum or unit
price in the bid list. All work not directly listed in the bid list shall be
considered a subsidiary obligation of the Contractor.
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SECTION T2
EXCAVATION, FILLING AND BACKFILLING
SCOPE:
The work covered by this section of the specifications consists of furnishing
all plant, labor, equipment, appliances, materials, layout staking and grade
staking and supervision, and in performing all operations in connection with
the excavation, filling and backfilling for structures and piping in strict
accordance with this section of the specifications, the applicable drawings and
terms and conditions of the Contract.
CLASSIFICATION OF EXCAVATION:
All excavation shall be Unclassified.
EXCAVATION:
General: The excavation shall conform to dimensions and elevations appropriate
for the pipeline or structure, Excavation shall not be carried below the
elevation necessary for construction,
Excavation for Walls and Footings shall extend a sufficient distance to allow
for the placing and removal of forms, installation of services and for
inspection, except where the concrete wall or footing may be authorized to be
deposited direptly against excavated surfaces,
Trench Excavation: Trenches shall be excavated true to line and grade.
Trenches to receive pipe having nominal diameter of less than 24" shall not be
less than 6" wider nor more than 8" wider and pipes greater than 24" shall not
be less than 12" wider nor more than 16" wider than the outside diameter of the
pipe to be laid therein.
The maximum width specified applies to the width at or below the level of the
top of the pipe, The width of the trench above the pipe may be as wide as
necessary to provide room for proper installation of the work. The Contractor
shall comply with the safety requirements of OSHA.
The bottoms of trenches for water lines shall be rounded so that the lower 90
degree quadrant of the pipe is in direct contact throughout its entire length
with undisturbed earth or with suitable compacted fill material, Bell holes
and excavation for joints shall be dug by hand after the trench bottom has been
shaped, These holes shall be so spaced and sized as to permit first class
workmanship on the joint and to insure that the maximum length of pipe possible
will rest on the prepared bottom of the trench.
Where rock is encountered in the trench bottom, the excavation shall be carried
below the bottom of the pipe a distance of 6 inches or one-eighth the outside
diameter of the pipe, whichever is greater. Where, in the opinion of the
Engineer, the natural trench bottom is soil which is incapable of
satisfactorily supporting the pipe, such unsuitable soil shall be removed to
the depth required as determined at the site. The trench bottom shall then be
refilled with selected refill material, placed in 8 inch layers and compacted
at optimum moisture content, Each layer shall be thoroughly tamped. The
refill shall be brought to the proper elevation for the pipe.
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SECTION T2
EXCAVATION, FILLING AND BACKFILLING
Dewatering and Drainage of Excavated Areas: Grading in the vicinity of
structures shall be controlled to prevent surface water from running into
excavated areas, Dewatering by pumping or wellpointing from excavated areas
shall be performed by the Contractor to provide a stable excavation and a firm
pit or trench bottom. Dewatering shall incur no extra cost to the Owner.
All dewatering methods shall be subject to the approval of the Engineer as to
capacity and effectiveness. Water removed from the excavated areas shall be
conveyed in a proper manner to a suitable point of discharge where it will
neither cause injury to public health, public or private property, the surface
or use of streets by the public or work completed or in progress,
Protection Against Flotation: To guard against the danger of flotation of
empty or partially empty pipe due to a high water table, all dewatering
operations shall be continued without interruption until such time as
sufficient backfill has been placed over the top of the pipe to overcome the
buoyancy effect of a completely empty pipe which is entirely submerged.
Shoring and Protection of Excavations: Shoring shall be provided by the
Contractor as necessary to protect life or property. All existing structures,
streets, pipes, and foundations which are not to be removed or relocated shall
be adequately protected or replaced by the Contractor without cost to the
Owner, The Contractor shall adequately protect the work under construction and
the safety of his workmen in excavations by the use of suitable sheeting,
shoring and bracing, or by sloping the banks in accordance with the angle of
repose of the soil.
The Contractor alone is responsible for any damage or injury resulting from his
failure either to provide adequate protection from the excavation or to comply
with OSHA requirements.
Excess Material: Excess material to be used for backfill shall be stockpiled
as directed by the Engineer. Excavated material shall be deposited a
sufficient distance from the side of excavation walls to prevent excessive
surcharge on the wall. Excess excavated material not suitable or required for
backfill or filling shall be wasted within the limits of the site as directed
by the Engineer,
Blasting: Where blasting is necessary, it shall be done in accordance with
local ordinances by skilled operators and precautions shall be taken to avoid
damage, Suitable mats shall be provided to confine, within the limits of the
excavations, all materials lifted by blasting.
FILL:
Earth fill shall be placed in layers not to exceed 8 inches in thickness, Each
layer shall be compacted at optimum moisture content in a manner approved by
the Engineer. After compaction, the dry,weight per cubic foot for each layer
shall be at least 95% of the maximum Laboratory Dry Weight per cubic foot, as
determined by the ASTM D 698.
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SECTION T2
EXCAVATION, FILLING AND BACKFILLING
BACKFILLING:
The Engineer shall be notified before backfilling in order that the work may be
inspected before it is covered, After completion of the foundation footings,
walls, or pipe work, and prior to backfilling, all forms shall be removed and
the excavation shall be cleared of all trash and debris, Symmetrical backfill
shall be placed in horizontal layers not in excess of 8 inch thickness, and
shall have an optimum moisture content when compacted, After compaction, the
dry weight per cubic foot for each layer shall be at least 95% of the maximum
Laboratory Dry Weight per cubic foot, as determined by ASTM D 698.
FILL AND BACKFILL MATERIAL:
Material for fill and backfilling shall consist of the excavated material, if
suitable, or borrow approved by the Engineer, and shall be free of trash,
lumber, or other debris, roots and other organic, perishable or deleterious
matter.
BORROW MATERIAL FOR TRENCH BACKFILL:
Borrow material for trench backfill shall consist of sand soils or sand-clay
soils capable of being readily shaped and compacted to the required densities
and shall be free of roots, trash, and any other deleterious material,
SELECTED REFILL MATERIAL:
When directed by the Engineer, selected refill material shall be used to refill
the trench bottom where unsuitable soil is encountered; or, where rock
excavation is required in trenches for water lines, selected refill material
shall be used to refill the trench bottom to a minimum depth of 6 inches. Such
material shall be crushed stone or gravel of suitable gradation free from sod,
sticks, roots and other organic, perishable or deleterious matter. The
Contractor shall obtain prior approval from the Engineer of the material
proposed for the above use.
BRICK/CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT:
The Contractor shall replace or repair all brick and concrete slab pavement
which has been removed or damaged in his trenching operation with brick of
equal quality and not less than 6" of 4,000 p,s,i. concrete over compacted
fill. The existing concrete pavement beneath shall be neatly cut vertically
and on a uniform horizontal alignment. The type of brick paving used in
patching shall be the same as the original pavement; the concrete subslab shall
be cast solid against the existing slab joint. Replacement brick courses shall
be tied into existing courses to maintain original appearance,
ASPHALT PAVEMENT REMOVAL AND REPLACEMENT:
The Contractor shall replace or repair all pavement which has been removed or
damaged in his trenching operation with pavement of equal quality but not less
than 8" of 4,000 p.s.i. concrete, plus 2" hot plant mix asphalt over compacted
fill, Sufficient pavement shall be replaced to allow for at least one foot
outside of excavation limits or damaged portions. The existing pavement shall
be neatly cut vertically and on a uniform horizontal alignment (unless
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SECTION T2
EXCAVATION, FILLING AND BACKFILLING
otherwise noted). The type of paving used in patching shall be the same as the
original pavement and shall be tied into the adjacent pavement or slab as
directed by the Engineer. Pavement subgrade and pavement under the cognizance
of local and state highway departments shall be replaced in strict accordance
with their standards or direction. The Owner will provide permits for the
opening of the pavement. The Contractor shall meet all of the requirements of
such permits for work which is done within the highway right-of-way.
EROSION AND SEDIMENT CONTROL:
Temporary Silt Fencing shall be installed to limit the migration of silt from
the construction area to waterways or proximate water courses. Filter fabrics
free of defects or flaws shall be installed against a stable, post supported
wire backing to intercept all runoff from the construction site.
Filter Fabrics Materials shall be strong rot-proof synthetic fibers formed into
a fabric of either the woven or nonwoven type. Either type of fabric shall be
free of any treatment or coating which might significantly alter its physical
properties after installation. The fabric shall contain stabilizers and/or
inhibitors to make the filaments resistant to deterioration resulting from
exposure to sunlight or heat. The fabric shall be a pervious sheet of
synthetic fibers oriented into a stable network so that the fibers retain their
relative position with respect to each other under normal handling,
installation, and service conditions. Edges of the fabric shall be finished to
prevent the outer yarn from pulling away from the fabric.
During all periods of shipment and storage, the fabric shall be wrapped in a
heavy-duty protective covering which will protect the cloth from sunlight, mud,
dust, dirt, and debris. The fabric shall not be exposed to temperatures
greater than 140 degrees F.
The fabric shall meet the following physical requirements:
Tensile Strength (Lbs. Min.) Warp - 120
(ASTM 0-4632) Fill - 100
Elongation (% Max.)
(ASTM 0-4632)
40
AOS (Apparent Opening Size) (Max.
Sieve Size) (ASTM 0-4751)
30
Flow Rate (Gal/Min/Sq.Ft.)
(GDT-87)
25
Ultraviolet Stability (2)
(ASTM D-4632 after 300 hours
weathering in accordance with
ASTM 0-4355)
80
Bursting Strength (PSI Min.)
(ASTM D-3786 Diaphragm Bursting
Strength Tester)
175
Minimum Fabric Width (Inches)
24
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SECTION T2
EXCAVATION, FILLING AND BACKFILLING
Filter Fabric Backing shall be woven wire and attached to the posts by wire,
cord, staples, nails, or other acceptable means. The filter fabric shall be
installed in such a manner that 6 to 8 inches of fabric is left at the bottom
to be buried and a minimum overlap of 18 inches is provided at all splice
joints. After the fabric is installed in a trench, the trench is then to be
backfilled and compacted so that no flow can pass under the barrier.
The Wire Support Fence shall be at least 24" high and shall have at least 6
horizontal wires 4x4 WI.4xWI.4 or equal.
Posts shall be a minimum of 4 feet long and either wood or equivalent steel
posts may be used. Soft wood posts shall be at least 3 inches in diameter or
nominal 2"x4" and straight enough to provide a fence without noticeable
misalignment. Maximum post spacing shall be 4 feet.
Wire Staples/Fasteners shall be #17 gauge minimum and shall have a crown at
least 3/4 inch wide and legs at least 1/2 inch long. Nails for fasteners shall
be #14 gauge minimum, 1 inch long with 3/4 inch button heads. Fasteners shall
be evenly spaced with at least 4 per post.
Straw Bale
additional
installed.
anchored to
Ditch Checks: To control erosion in waterways and to provide
restriction of silt migration, temporary ditch checks shall be
Standard rectangular mechanically produced straw bales shall be
2x4x4'-0" posts set 2.5' below grade.
Removal of Temporary Soil Erosion and Sediment Control Measures: After
permanent erosion control features of the work site are complete and ample
grass is established, the temporary fences, ditch checks, etc. shall be
removed. Silt which has collected shall be removed, or when appropriate,
regraded, stabilized, and planted.
RESTORATION OF PRIVATE PROPERTY:
The Contractor shall carefully restore all private property defaced 'by
operations or acts of any of his agents or employees. Such restoration shall
include seeding, sodding, and transplanting of lawns, hedges or ornamental
plantings, and the repair or replacement of other private facilities in such
manner as to meet the approval of the Engineer and at no additional cost to the
Owner. No structures or trees shall be removed without the consent of the
property owner or until condemnation procedure, if necessary, has been
completed.
PAYMENT:
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.
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.
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SECTION T2
EXCAVATION, FILLING AND BACKFILLING
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.
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), 2 ~ " 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.
Asphal t 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.
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.
Payment for all items covered by this section of the specifications shall be
paid in accordance with the bid item list. No other separate payment will be
made for the work by this section of the specifications and all costs in
connection therewith shall be included in the appropriate lump sum or unit
price in the bid list. All work not directly listed in the bid list shall be
considered a subsidiary obligation of the Contractor.
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SCOPE:
SECTION T3
CONCRETE
The work covered by this specification consists of furnishing all plant, labor,
equipment, appliances, and materials, and in performing all operations in
connection with the installation of concrete work, complete, in strict
accordance with this specification and the applicable drawings, and subject to
the terms and conditions of the Contract.
APPLICABLE SPECIFICATIONS:
The current edition of the following specifications form a part of this
specification:
American Society for Testing Materials Designation:
A 615
C 31
C 33
C 94
C 150
Cl71
C 175
C 185
C 260
C 309
C 404
C 494
o 1752
Deformed and Plain Billet-Steel Bars for Reinforcement
Making and Curing Concrete Test Specimens in the Field
Concrete Aggregates
Ready-Mixed Concrete
Portland Cement
Sheet Materials for Curing Concrete
Air Entraining Portland Cement
Welded Steel Wire Fabric for Concrete Reinforcement
Air Entraining Admixtures for Concrete
Liquid Membrane-Forming Compounds for Curing Concrete
Aggregates for Masonry Grout
Chemical Admixtures for Concrete
Preformed Sponge Rubber and Cork Expansion Joint Fillers for
Concrete Paving and Structural Construction
ACI 304
American Concrete Institute Publications:
ACI 315
ACI 318
Recommended Practice for Measuring, Mixing, Transporting, and
Placing Concrete.
Manual of Standard Practice for Detailing Reinforced
Concrete Structures
Building Code Requirement for Reinforced Concrete
CRSI
Concrete Reinforcing Steel Institute:
Placing Reinforcing Bars
MATERIALS:
Cement: Portland Cement shall be Type I or Type III conforming to ASTM ClS0,
or it shall be Type IA or Type IlIA conforming to ASTM C175. Only one brand
of cement shall be used for exposed concrete in any individual structure.
Fine Aggregate shall consist of clean, hard natural sand, manufactured sand or
a combination thereof, conforming to the requirements of ASTM C33, Concrete
Aggregates, and shall be graded from 3/8" to No. 100 sieve.
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SECTION T3
CONCRETE
Coarse Aggregate shall consist of crushed stone, gravel, or a combination
thereof, conforming to the requirement of ASTM C33, Concrete Aggregates, and
shall be graded. to meet the requirements of size number 467, 67 and 7, as
appropriate.
Water shall be clean and free from oils, acids, salts, or other injurious
substances.
Admixtures shall be used to provide entrained air. Other admixtures shall be
used only with written approval of the Engineer. Air entraining admixtures
shall conform to ASTM C260. Other admixtures shall conform to ASTM C494.
Calcium chloride will not be permitted.
Curing Paper shall conform to specifications for .Sheet Materials for Curing
Concrete, ASTM C171.
Reinforcing steel for concrete shall conform to ASTM A615, Grade 60. All
splices shall be lapped 40 diameters unless otherwise noted. Principal
reinforcement shall be shifted to miss openings through concrete work. Where
the resulting spacing exceeds three times the slab or wall thickness or 18",
nominal minimum steel shall be detailed at the centerline of the opening and #5
corner bars shall be added in each layer of reinforcement. Reinforcement shall
be placed in accordance with CRSI Manual "Placing Reinforcing Bars".
Welded Wire Fabric shall conform to ASTM A185. Splices shall be lapped one bar
spacing plus 2 inches but not less than 8 inches. Fabrics from wire gauges 12
ga. and smaller shall be galvanized.
Forms shall be of wood, metal, or other material approved by the Engineer. The
Contractor shall furnish forms, structurally adequate for the imposed loads,
that result in correctly aligned concrete. For exposed concrete surfaces,
plywood forms, thoroughly braced and tied together wit!1 approved corrosion
resistant devices, shall be used. Form ties shall be free of devices that will
leave a hole or depression larger than 7/8" in diameter back of exposed
surfaces of concrete, and such that when forms are removed, no metal shall be
within one inch of finished surface. Curved surfaces concealed below grade may
be formed in planes up to 2' -0" wide. Holes left by form ties shall be
grouted, and the surface left smooth and flush. Exposed corners of walks, and
slabs shall be rounded. Exposed corners of formed concrete shall have a 3/4
inch chamfer unless otherwise noted.
Slab Forms to be left in place shall be 2" deep, 20 ga. stainless steel Type
304. Minimum I shall be 0.378 inches 4; minimum S shall be 0.326 inches 3
Preformed Expansion Joint Filler Strips shall conform to ASTM 01752.
Grout shall be a portland cement grout consisting of one part of cement, two
and one-half parts of sand and the minimum quantity of water to make a workable
mix. Cement shall conform to ASTM C 150, Type I and sand shall conform to ASTM
C 404, Size 2.
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SECTION T3
CONCRETE
Joint Sealant shall be Sikaflex Polysulfide (411 or 412) as manufactured by
Sika Chemical Corp., or the comparable products of W. R. Meadows, Inc., W. R.
Grace, or Williams Equipment Co.
storage of Materials: Cement and aggregates shall be stored in such a manner
as to prevent deterioration or intrusion of foreign matter. Steel reinforcing
shall be stored on supports that will keep the steel from contact with the
ground and in such a manner as to be protected from rusting, oil, grease, and
distortion. Store metal forms off the ground; pitch to shed water and cover
with waterproof material.
CONCRETE QUALITY:
All concrete shall be classified by the 28-day compressive strength, f'c. The
design slump shall not exceed 4 inches; the air content shall be 5% + 1%. The
water cement ratio shall not exceed 6 gal/SK for 4,000 psi concrete. The
concrete shall be a workable mixture free from segregation and bleeding.
Ready-mix concrete shall conform to ASTM C94. Job mixed concrete shall be
mixed with a standard type of batch mixer equipped with adequate facilities for
accurate weight measurement and control of each material entering the mixer. A
retarding admixture approved by the Engineer shall be used when the air
temperature is 800F or above. Care shall be taken that the mixing water shall
be cold for all concrete mixed in hot weather; in hot weather, materials shall
be cooled such that concrete delivered to the proj ect shall not have a
temperature higher than 750F, or a mix designed utilizing a superplasticizer
shall be used for temperatures up to 870F. In cold weather, fresh concrete
shall be protected from freezing.
All concrete not otherwise designated shall be 4,000 psi concrete.
Curbs, gutters and ditch paving may be 3,,000 psi concrete.
Reaction blocking, fill concrete, and pipe encasement may be 2,000 psi
concrete.
SIDEWALK AND PAVEMENT JOINTS:
Sidewalk contraction joints at 5'-0" spacing may be formed 1/8" by 1" deep with
a jointing tool or may be saw cut. pavement joints 1-1/2" deep at 12' -0"
spacing shall be saw cut promptly after casting.
PRECAST CONCRETE:
The manufacturer shall produce precast units that conform to the details of the
approved shop drawings. The precast units shall be uniform in appearance. All
concrete surfaces which will be exposed to view after installation shall be
flat and smooth, free from irregularities and uniform in color and texture.
Concrete shall be cast in rigidly constructed forms which will maintain the
units to the shapes, lines and dimensions shown on the approved shop drawings.
Lifting devices shall be a recessed type designed for use in precast concrete.
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SECTION T3
CONCRETE
Lifting devices that are used for production but are not necessary for further
handling or installation shall be filled with concrete repair material before
the unit is shipped. All other lifting devices shall be filled with concrete
repair material after the unit is installed.
Unless noted otherwise in the contract documents, approved shop drawings or
item specification, the minimum concrete cover over reinforcing steel shall be
38 rom. Reinforcing steel shall be tied and supported to keep it in position
during the concrete placement. The ends of chairs or spacers, used to support
or locate reinforcing steel, that bear on the faces of forms, shall be made of,
or coated with non-corrosive material so that no discoloration will show on the
face of the units.
Unit dimensions shall not vary by more than 5 rom from those shown on the
approved shop drawings unless noted otherwise in the contract documents or
approved shop drawings. Variations in the required spacing of reinforcing steel
shall not be more than 50 rom and are not cumula ti ve. Concrete cover over
reinforcing steel shall not be more than 10 rom greater than, and in no case be
less than, the amount specified in the contract documents or approved shop
drawings.
Minor defects such as spalls and surface voids which have no dimension greater
than 300 rom and do not expose the reinforcing steel shall be repaired by
removing all unsound concrete from the defect, square cutting the edges of the
defect to prevent feather edging of the repair and then filling the void with
concrete repair material meeting the requirements of C70 1-04.
Major defects are defined as: spalls, honeycombing and surface voids which have
any dimension greater than 12", or expose the reinforcing steel. Cracks that go
through the section or are greater than 1/16" in width are also major defects.
No major defect shall be repaired without prior approval of the Engineer.
Requests to repair major defects shall be made in writing. Major defects shall
be grounds for rejection at the discretion of the Engineer.
Precast units can be placed at the job site after receipt of a manufacturer's
certification, and a product evaluation and acceptance by the Resident Project
Representative.
EMBEDDED ITEMS:
All embedded items included in an area shall be installed before concrete
placement begins. Full cooperation shall be given other trades to install
embedded items. Suitable templates or instructions, or both, shall be provided
for setting items not placed in the forms. Embedded items shall have been
installed and inspected and tests for concrete shall have been completed and
approved by the Engineer before concrete is placed. No "boxing out" or
"cutting" will be permitted unless indicated on plans or ordered in writing by
the Engineer.
Wall Pipes, Sleeves, anchor bolts, and similar items shall be accurately placed
and firmly secured before concrete placement begins. Ferrous metal embedded
items shall be galvanized after fabrication.
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SECTION T3
CONCRETE
Waters tops shall be installed where
joints subject to hydrostatic head.
outside layer of reinforcing steel
concreting is started.
indicated on the plans and in all other
Waters tops shall be firmly attached to the
and shall be installed complete before
Steel dams shall be Sdx3/16H steel plate and at splices, or joints shall be
welded or lapped and bolted for continuity.
PV dams shall be 9" x 3/16" sealtight polyvinyl. waterstops having a hollow
center bulb as manufactured by W.R. Meadows, Inc. Splices or joints in PV darns
shall be fully bonded and watertight butt joints made in conformance with the
recommendations of the manufacturer. Two sample splices of each plastic
material used shall be submitted for approval before proceeding with concrete
work.
Stud Anchors shall be CHEM stud Anchors suitable for installation in drilled
holes in concrete. The anchors shall be as manufactured by the Rawlplug
Company or shall be a comparable product.
Wall Pipes shall be ductile iron pipe, except where otherwise indicated on the
plans, of appropriate size and shall be provided for all pipes passing through
concrete walls. Where chemical lines are to pass through a wall pipe in a
concrete wall, the appropriate link seal shall be used.
Access Hatches and Ventilators shall be as specified in Section T-5 of these
specifications under Subsection "Miscellaneous Metals."
SHOP DRAWINGS:
Six sets of shop drawings and information as required by this section .of the
specifications which have been checked by the Contractor for dimensions and
conformance to the plans and specifications shall be submitted for approval.
Two copies of checked information will be returned to the Contractor.
Shop drawings of reinforcing steel shall show steel for slabs in plan and steel
for walls in elevation. Bar lists and bending diagrams shall be submitted as
part of the reinforcing steel shop drawings. Fabrication of reinforcing steel
shall not commence prior to approval of the shop drawings by the Engineer.
Shop drawings for metal forms shall show the layout, framing and supports, with
unit dimensions and sections, type and location of welds, and details of all
required accessories. Include printed literature on Manufacturer's recommended
installation instructions.
Except for slabs on grade, placement drawings of all concrete floor and roof
slabs showing openings for sleeves, ducts, chases, etc., which conform to the
equipment, piping, passage ways, etc., being utilized for the project shall be
prepared by the Contractor and submitted to the Engineer for approval.
Placement of concrete for slabs shall not commence until the drawings are
approved by the Engineer.
Design Mixes for each class of concrete required shall
approval. Concrete proportions, including water-cement
be submitted
ratio, shall
for
be
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SECTION T3
CONCRETE
established in accordance with ACI 318-89, Chapter 5, Paragraph 5.3
Proportioning on the Basis of Field Experience or Paragraph 5.4 - Proportioning
by Water Cement Ratio. Once the mixture for the concrete has been designed,
tested, and accepted by the Engineer, the exact mixture proportions shall be
used throughout the subsequent casting operations. Submit copies of each
design mix and each aggregate gradation for approval.
WORKMANSHIP:
Placing: Concrete shall not be cast without approval of the Resident Project
Representative prior to ordering concrete. In accordance with the
recommendations of "Guide for Consolidation of Concrete", ACI Committee 309,
concrete shall be placed in the forms and mechanically vibrated to produce
concrete without segregation or honeycomb. Slabs and beam stems shall be
placed in one operation. Concrete shall be placed continuously between
construction joints. Each batch shall be placed into the edge of previously
placed concrete to avoid stone pockets and segregation. If there is a delay in
placement, the concrete placed after the delay shall be thoroughly spaded and
consolidated by mechanical vibration. During the casting of wall sections not
less than two mechanical vibrators shall be operated continuously for each
casting location. The concrete shall not be freely dropped more than 6 feet,
nor moved horizontally, after being deposited, more than 5 feet. The
Contractor shall provide sufficient "windows", chutes or other means or methods
of depositing the concrete to comply with these requirements. The concrete
shall be brought to correct level with a straight edge and struck off.
Bullfloats shall be used to smooth the surface of slabs. Power floating of the
slabs shall begin when the water sheen has disappeared, and/or the mix has
stiffened sufficiently that the weight of a man standing on it leaves only a
slight imprint on the surface.
Reinforcing bars shall be free from scale, oil, and structural defects. The
system of holding the bars in place shall insure that all steel in the top
layer will support the weight of the workman without displacement and be placed
in accordance with ACI Codes 318 and 315. Reinforcement in slabs on grade
shall be supported on stable concrete supports. All reinforcing steel within
the limits of a day's pour shall be in place and firmly wired before concrete
placement starts.
Construction joints shall be formed at the locations shown on the plans, unless
specifically approved by the Engineer. Joints which must be formed in other
locations shall be waters topped where appropriate, shall be adequately keyed
and doweled, and shall be formed along either a horizontal or a vertical line.
Curing and Protection: All freshly cast concrete shall be protected from the
damaging effects of the elements - freezing, rapid drop in temperature, and
loss of moisture, and from future construction operations. The Contractor shall
maintain the concrete temperature above 500F for the first 10 days after
placing. All concrete shall be cured by flooding with clean water or by
keeping forms and other protecting material wet with clean water for a minimum
of 10 days. All surfaces neither protected by forms nor covered with water for
the entire 10 day period shall be kept wet and covered with curing paper
meeting the requirements of the specification for
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SECTION T3
CONCRETE
sheet materials for Curing Concrete, ASTM C 171. If a floor is left uncovered
during the curing period, a film of water shall be clearly visible at all times
on the entire surface of the slab.
Membrane Curing Compound may be used in lieu of water curing on concrete which
will not be covered later with topping, mortar, or additional concrete.
Membrane curing compound shall be spray applied at a coverage of not more than
300 square feet per gallon. Unformed surfaces shall be covered with curing
compound within 30 minutes after final finishing. If forms are removed before
the end of the specified curing period, curing compound shall be immediately
applied to the formed surfaces before they dry out. Curing compound shall be
suitably protected from abrasion during the curing period.
Removal of Forms: The forms shall not be removed until the concrete has
attained sufficient strength to prevent cracking or other injury, but in no
case less than 75% of its design strength. When forms are removed, the
Contractor shall place adequate reshores to prevent injury to the concrete by
construction loads. The sole responsibility for safe practice in this regard
shall be the Contractor's.
CONCRETE FINISHES:
Rough or Form Board Finish: All concrete wall surfaces which are not exposed
to view may be given this finish. This finish has, as a prerequisite, a
thoroughly vibrated concrete which will give a surface smooth, free from air
pockets, water pockets, sand streaks, or honeycomb. After the removal of the
forms, all fins shall be cut off; all holes, depressions, and rough spots shall
be carefully pointed up with mortar having the same proportions of cement and
sand as used in the concrete being treated. The surface film of all pointed
surfaces shall be carefully removed before setting occurs, otherwise, surfaces
shall be left with the texture imparted by the forms.
Rubbed Finish: Walls, beam, sill, and under slab surfaces which are exposed to
view shall have a rubbed finish. As soon as the rough surface finish has set
sufficiently, the entire surface shall be wet with a brush and rubbed with a
No. 16 Carborundum stone, to bring the surface to a paste. The
rubbing shall be continued sufficiently to remove all form marks and
projections, and to produce a smooth dense surface without pits or
irregularities. The material which is ground to a paste, in the above process,
shall be carefully spread or brushed uniformly over the entire surface and
allowed to take a "re-set". The final finish shall be obtained by a thorough
rubbing with a No. 30 Carborundum stone. This rubbing shall continue until the
entire surface is of smooth texture and uniform in color. The surfaces shall
be stripped evenly with a brush so as to remove excess paste, and the surface
left smooth with only enough paste remaining to obtain a uniform color.
Float Finish: The surface of all concrete slabs shall, unless otherwise
hereinafter specified, be given a float finish. The structural slab shall be
brought to the established grade by screeding. The surface shall be tested for
irregularities with a straightedge. Irregularities shall be eliminated and the
entire surface finished with a wooden hand float or finishing machine. Finish
shall be a true plane within a tolerance of 1/4 inch in 10 feet measured in any
direction.
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SECTION T3
CONCRETE
Broom Finish: Surfaces of the roof slab, and exterior walkways or platforms
shall be given a broom finish. A smooth, true and uniform surface is a
prerequisite for this finish. When the progress of the set provides the proper
consistency, the surface shall be raked with a broom to give parallel
transverse lines in the surface, and to give a uniform texture.
Standard Towel Finish: All interior floors shall be trowel finished. Both
power and hand troweling shall be required. Power troweling shall begin as
soon as little or no cement paste clings to the blade. Troweling shall be
continued until the surface is dense, smooth, and free of all minor blemishes,
such as trowel marks. Hand troweling shall be required to remove slight
imperfections left by the troweling machine and to Qring the surface to a dense
smooth finish. Sprinkling of dry cement or a mixture of dry cement and sand on
the surface of the fresh concrete shall not be permitted.
SAMPLES AND TESTS:
The Contractor shall be responsible for the concrete mix designs, test
cylinders for proving the mix designs, tests for the aggregate gradation and
quality, for molding test cylinders during the progress of the job, delivering
the cylinders for testing to the laboratory, testing for slump and air content,
and for conducting load. tests, if required. The Owner will pay directly for
any excess 28 day tests of the concrete cylinders molded during the progress of
the work. Tests made at the age of 7 days will be at the Contractor's expense.
Before proceeding with the mix design, the Contractor shall obtain approval by
the Engineer of the testing laboratory. Tests not specifically indicated to be
done at the Owner's expense, including the retesting of rejected materials and
installed work, shall be done at the Contractor's expense.
Cylinders: Make one strength test per 50 yards of each class of concrete
placed but not less than one for each days pour. Mold and cure three cylinders
for each strength test in accordance with ASTM C31. Test two cylinders after
28 days for acceptance in accordance with ASTM C39; test the third cylinder
only where either of the tests of the two cylinders is irregular or
unacceptable. Additional cylinders must be molded if 7 day test is made at
contractor's option.
Slump: Tests for slump shall be performed at the job site on all concrete
immediately prior to placing in accordance with the Test for Slump of Portland
Cement Concrete, ASTM C143. If the slump varies from that of the design mix by
more than that permitted by ASTM C 94, the concrete shall be rejected. In no
case shall the maximum specified water cement ratio of the approved mix design
be exceeded.
Air Content: One test for air content shall be made for each strength test.
This test shall be made on a concrete sample that has been removed when
consolidation of the concrete in the forms has been completed and shall be in
accordance with the Test for Air Content of Freshly Mixed Concrete by the
Volumetric Method, ASTM C173.
Load Test: If there exists any evidence of faulty workmanship, violations of
specifications, or likelihood of concrete having been frozen, load tests may be
required in accordance with ACI 318. These tests shall be under the direction
of the Engineer.
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SECTION T3
CONCRETE
CONCRETE REPAIRS:
Correction of Deficiencies: The Contractor shall be responsible for correction
of concrete work which does not conform to the specified requirements,
including strength, honeycomb, spalls, cracks, chips, holes, fins, tolerances
and finishes. Where shrinkage cracks occur in slabs, walls, etc., the cracks
shall be pressure grouted with epoxy grout to restore the concrete strength and
eliminate leaks.
HYDROSTATIC TESTING:
Unless otherwise specified, at such time as water is available, all water
containment structures included within the project shall be given a hydrostatic
test by filling with water. The work shall not be acceptable if there is
visible leakage or if the drop in water level is 1/2" or more in any 24-hour
period. This maximum permissible drop in water level shall include
evaporation, leakage, absorption and all other losses. Failure to meet this
test shall be cause for rejection of that portion of the work. Any remedial
measures used to meet the test requirement must be approved in writing by the
Engineer before incorporation into the work.
PAYMENT:
Payment for all items covered by this section of the specifications shall be
paid in accordance with the bid item list. No other separate payment will be
made for the work by this section of the specifications and all costs in
connection therewith shall be included in the appropriate lump sum or unit
price in the bid list. All work not directly listed in the bid list shall be
considered a subsidiary obligation of the Contractor.
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SECTION T4
MASONRY
SCOPE:
The work covered by this section of the specifications consists in furnishing
all labor, materials and equipment, and in performing all operations in
connection with the installation of all masonry items as hereinafter
designated, complete, and in strict accordance with this specification and the
applicable drawings, and subject to the terms and conditions of the Contract.
APPLICABLE SPECIFICATIONS:
All masonry shall be of standard sizes and shall conform to the current edition
of the following specifications and any specifications noted on the drawings.
American Society for Testing Materials Designation:
C 90 Load Bearing Concrete Block
C 91 Masonry Cement
C 141 Hydraulic Hydrated Lime for Structural Purposes
C 144 Aggregate for Masonry Mortar
C 150 Portland Cement
MATERIALS:
~ shall be clean and free from oil, acids, salt, or injurious substances.
Portland cement shall conform to ASTM C150, Type t. It shall be a standard
product, the name of which shall be submitted to the Engineer for approval.
Masonry cement shall conform to ASTM C91, and shall be a standard product
approved by the Engineer.
Hydrated lime shall conform to ASTM C141.
Aggregate for masonry mortar shall conform to ASTM C144.
Concrete Block: All concrete block shall be 8" x 8" x 16" load bearing block
conforming to ASTM C90. Bearing block shall be Type II units made with
normal weight aggregates. Exposed faces of blocks shall be free of chips,
cracks, or other imperfections. Block exposed to the exterior shall be split
face style as manufactured by Anchor Concrete Products, "Rockface" of United
Glazed Products, or approved comparable product.
Masonry wall reinforcement shall be #5 A615 grade 60 vertical and horizontal @
4' -0" minimum, on center. Grouted vertical reinforcement is required at the
ends of all walls and at each side of all openings. Horizontal reinforcement is
required at the tops of all walls.
Masonry wall anchors shall be provided at the intersection of abutting walls,
where intersecting partitions are not bonded by masonry headers. 1-1/2" x 14
gauge stainless steel anchors shall be provided at not more than 16" vertical
spacing.
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SECTION T4
MASONRY
Mortar: Aggregate and other materials for masonry mortar shall conform to
applicable specifications listed above. Mortar mixtures shall be Portland
cement mortar and shall contain the following proportions by volume, measured
loose:
Type
Portland Masonry Hydrated Lime or Aggregate Measured in
Cement Cement Lime Putty Damp Loose Condition
1 None 1/4
Not less than 2-1/4
1 1 None and not more than 3
times the sum of the
1 None 1/4 - 1/2 volumes of cement and
lime used
1/2 1 None
M
S
Pointing and Cleaning: When the work is completed, all holes or defective
mortar joints in exposed masonry shall be pointed, or where necessary, cut out
and repointed. All exposed masonry shall be thoroughly cleaned.
WORKMANSHIP:
Block shall be laid in running bond. Only experienced masons shall be
employed. Masonry shall be laid plumb and true with full bed joints, buttered
with sufficient mortar to fill end joints, and all units shoved in place.
Where cutting of exposed masonry is necessary, the cuts shall be made with a
motor driven masonry saw. No masonry shall be laid when the temperature is
below 450 unless it is rising and at no time when it is below 400F. The top of
exposed walls shall be protected by waterproof material when work is not in
progress. The walls shall be solid and without voids in the joints. Bond
beams shall be filled with 4000 p.s.i. concrete conforming to the requirements
of the Concrete section..
Joints: Both interior and exterior joints shall be tooled; vertical joints
shall be tooled before horizontal joints. Tooling and trowelling shall compact
the setting mortar and form a continuous contact with the block. All holes and
cavities shall be filled with mortar before tooling. Exposed interior masonry
joints shall be neatly finished for painting.
Pointing and Cleaning: When the work is completed, all holes or defective
mortar joints in exposed masonry shall be pointed, or where necessary, cut out
and repointed. All exposed masonry shall be thoroughly cleaned. If stiff
brushes and water do not suffice, the surface shall be thoroughly cleaned by
procedures utilizing a mild acid application followed by full rinsing. If so
cleaned, all sash, frames, or metal lintels shall be completely protected.
Types of Mortar: Exterior walls and interior bearing walls shall be laid in
types M or S mortar.
Sample Panels: Provide sample split block wall panel approximately 4' long
by 3' high showing workmanship, bond, thickness, tooling of joints, color
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SECTION T4
MASONRY
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range of block and mortar. Approval of the Engineer shall be required prior
to construction of any walls. Lay sample panel as a unit to show composite
construction including any wall reinforcing, flashing, and insulation.
Finish work shall match sample. Panel to remain in place through completion
of the work.
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PAYMENT:
I
Payment for all items covered by this section of the specifications shall be
paid in accordance with the bid item list. No other separate payment will be
made for the work by this section of the specifications and all costs in
connection therewith shall be included in the appropriate lump sum or unit
price in the bid list. All work not directly listed in the bid list shall be
considered a subsidiary obligation of the Contractor.
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SECTION T5
STRUCTURAL STEEL & MISCELLANEOUS METAL
SCOPE:
The work covered by this section of the specifications consists of furnishing
all labor, materials, equipment and services necessary for or reasonably
incidental to the furnishing and erection of all structural metalwork, beams,
ladders, angle frames, hatches, bearing plates, anchors, anchor bolts, railing,
and all other miscellaneous metal items to fully complete the structures in
strict accordance with this section of the specifications and the applicable
plans and subject to the terms and conditions of the Contract.
APPLICABLE SPECIFICATIONS:
The current edition of the following specifications and any specifications
shown on the drawings form a part of this specification:
American Institute of Steel Construction:
Specification for Structural Steel Buildings - Allowable Stress
Design and Plastic Design (Ninth Edition, 1989)
AISC: "Code of Standard Practice for Steel Buildings and Bridges".
American Society for Testing Materials Designations:
A-36,
A-193,
A-307,
A-325,
A-386,
A-241,
B-308,
Structural Steel
Stainless Steel Bolting Materials
Unfinished Bolts
High Strength Bolts
Hot Dip' Galvanizing
Aluminum Alloy Seamless Pipe
Aluminum Alloy 6061-T6 Std. Shapes
American Iron and Steel Institute:
AISI 304, 309 and 316: "Austenitic Stainless Steels"
American Welding Society:
01.1, Structural Welding Code
A 5.4,Stainless Steel
SUBMITTALS:
Shop Drawings: Fabrication of structural steel, metalwork, brackets hatches,
ladders, frames, and handrails shall not commence prior to approval of shop
drawings by the Engineer. Six sets of shop drawings which have been checked by
the Contractor for dimensions and conformance to the plans and specifications
shall be submitted for approval. Shop drawings shall include complete details
and schedules for fabrication for shop assembly of members, and details,
schedules, procedures and diagrams showing the sequence of erection.
PRODUCT DELIVERY, STORAGE AND HANDLING:
Material Storage: Protect steel members and packaged materials from corrosion
and deterioration. Welding electrodes shall be delivered in unbroken packages
and stored when opened in a closed, dry heated box. Do not store materials on
the structures in a manner that might cause distortion or damage to the members
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SECTION T5
STRUCTURAL STEEL & MISCELLANEOUS METAL
or the supporting structures.
structures as directed.
Repair or replace damaged materials or
MATERIALS, EXCEPT STAINLESS STEEL:
Structural Steel: Except as otherwise indicated, structural steel shall be Fy
36, ASTM A-36.
Aluminum pipe: shall be Fy 35, ASTM B-241.
Aluminum shapes: shall be Fy 35, ASTM B-30S.
Lintels supporting 4" block facing shall consist of one angle for the 4 inch
width and shall be of the following size unless otherwise detailed.
Opening Angle Size
Up to 4'-0" 4 x 3-1/2 x 5/16
Up to 6'-6" 5 x 3-1/2 x 5/16
Over 6'-6" 6x 3-1/2 x 5/16
Raised Pattern Floor Plate (Chkd. PI.) shall be aluminum with a 1/4" base
thickness and shall be 6061 - T6 aluminum.
Grating shall be standard style Stainless Steel welded rectangular grating with
1 x 3/16" bearing bars @ 1-3/16" O.C. and 1/2" cross bars @ 4" O.C. unless
otherwise shown on the drawings. The grating shall be fully banded and
distortion corrected to provide good seating in the frame. Frames shall be
fabricated of 2 x 2 x 3/16 angle and 1 x 3/13" upright for the grating seat.
Strap anchors shall be spaced @ 1'0" maximum.
Hatchways shall be Bilco, Type JD-AL, double leaf or J-AL, single leaf aluminum
access way or shall be the comparable product of Badcock-Davis, Waco or
approved equal unless otherwise shown on the drawings. The hatch shall have
1/4" patterned plate designed for 300 #/S.F. Frame channel shall be drained to
outside of structure or sump on external hatches. Provide stainless steel
hardware including hold open arms, drop handles, and latches with removable
handles. The frame shall be 1/4" extruded or cast aluminum fitted with
suitable anchors into the concrete deck.
Pipe Railing: Pipe shall be aluminum and shall conform to ASTM B-241, 50S6
HIlI, Fy = 21,000 psi, or better. Handrails shall be 1.9 inch 0.0. @ 0.94
lbs./ft. and the posts shall be 1.9 inch 0.0. @ 1.26 Ibs./ft. spaced @.7'-4"
O.C. max. Finish shall be 204-R1 Natural Anodized having a minimum coating
thickness of 0.4 mils.
Aluminum Ladders: Ladders shall have 2-1/2" x 1/2" stringers with 15/16"
square non-slip rungs spaced at l' -0" on center maximum. Ladders shall be
aluminum, alloy 6061-T6, FY35 K. S. 1. All necessary anchor bolts will be
stainless steel and furnished with ladder. All material will have a standard
mill finish. The portion of the ladder in contact with concrete shall have a
heavy shop coat of bituminous paint.
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SECTION T5
STRUCTURAL STEEL & MISCELLANEOUS METAL
Steel Ladders: Steel ladders shall have 2 1/2" x 3/8" stringers spaced @ 1'-6"
O.c. with 1" diameter steel rungs at 1'-0" o.c. Ladders shall be anchored to
the wall with 1/4" bent plate anchors which provide 7" or more from the wall to
the rungs. Steel ladders shall be commercial blasted and painted as
appropriate for the location.
Unfinished Threaded Fasteners: ASTM A-307, Grade A, regular low-carbon steel
bolts and nuts with hexagonal heads and nuts; ASTM A193 for stainless steel.
Electrodes for Welding: For carbon steel conform to AWS Code A-S.l, A-50S, or
A-588, as appropriate utilizing Series F70 electrodes.
Welding of stainless steel and non-ferrous materials shall use electrodes
appropriate for the application.
Cast Nosing and Thresholds shall be cast aluminum abrasive type cross hatched
style as manufactured by American Safety Tread Co. or shall be the comparable
products of Wooster, White Foundry, Construction Castings or approved equal.
Except as otherwise detailed, thresholds shall be Type 815 or 8155, 6 inches
wide; nosings for concrete steps shall be Type 801, 3/8 inch thickness by 4
inches wide and 6 inches less in length than the full width of the stair.
Cement Grout (PC-G): Portland cement (ASTM C-150, Type I or Type III) and
clean, uniformly graded, natural sand (ASTM C-404, Size No.2). Mix at a ratio
of 1.0 part cement to 3.0 parts sand, by volume, with only the minimum amount
of water required for placement and hydration.
Expansion Anchors shall have stainless steel shanks and nuts: Fed. Spec. FF-S-
325; cinch anchor type, Group I, Type I, Class 2 (2 unit, or Group I, Type II,
Class 2, Style I (2 unit); wedge type, Group II, Type IV, Class 1 or 2; or
self-drilling type, Group III, Type I. Expansion Anchors used inside the
clearwell shall be stainless steel, Rawl drop-in type or approved equal.
Expansion anchors shall be installed in conformity with the manufacturer's
recommendations for maximum holding power, but in no case shall the depth of
hole be less than four hole diameters. Minimum distance between the center of
any expansion anchor and an edge or exterior corner of concrete shall be not
less than 4-1/2 times the diameter of the hole in which it is installed.
STAINLESS STEEL MATERIALS:
Stainless Steel Grating shall be standard style welded rectangular grating with
1" x 3/16" bearing bars @ 1-3/16" O.C. and 1/2" cross bars @ 4" O.C. The
grating shall be fully banded and distortion corrected to provide good seating
in the frame. Frames shall be fabricated of 2 x 2 x 3/16 angle and 1 x 3/13"
upright for the grating seat. Strap anchors shall be spaced @ 1'-0" maximum.
Metal Deck Forming to remain in place shall be 20 gauge type 304 stainless
steel as specified in the CONCRETE section of these specifications.
Unfinished Threaded Fasteners shall be ASTM A193, stainless steel bolts and
nuts shall be Grade 8, Type 304 stainless steel. Provide hexagonal heads and
nuts for all connections.
0603-01 T05. Structural Steel and Mise Metal.doc
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SECTION T5
STRUCTURAL STEEL & MISCELLANEOUS METAL
FABRICATION:
Structural Steel shall be fabricated in accordance with appropriate AISC
Specifications and as indicated on the final shop drawings. Fabricate with
natural camber of the member up. Properly mark and matchmark materials for
field assembly. Fabricate for delivery sequence which will expedite erection
and minimize field handling of materials. Where finishing is required, complete
the assembly, including welding of units, before start of finishing operations.
Welders shall be certified for all positions and thicknesses appropriate to
their work on this project.
Non-Ferrous and Other Miscellaneous Metal shall be fabricated in accordance
with appropriate aluminum association specifications and to a quality
comparable to the Commercial Quality of the National Association of
Architectural Metal Manufacturers. Metal surfaces exposed to view shall be
free of surface blemishes, including pitting, seam marks, roller marks, rolled
trade names and roughness.
Connections: Weld or bolt shop connections. Bolt field connections, except
where welded connections or other connections are shown or specified. All butt
welds shall be full penetration butt welds. Fillet welds not otherwise noted
shall be 3/16". Welders shall be certified for all positions and thicknesses
appropriate to their work on this project. Bolted connections not otherwise
noted shall be two 3/4"0 ASTM A 307 HEX HD Bolt.
Holes for Other Work: Provide holes required for securing other work to
structural steel and miscellaneous metal, and for the passage of other work
through the members. Provide threaded nuts welded to framing as needed to
receive other work.
Painting: Stainless steel, galvanized steel, and aluminum will not be painted.
All steelwork shall be shop primed with one coat of. gray chromate primer Tnemec
poxiprime 65 over a surface which has received commercial blast (SSPC-SP6) or
better surface preparation. The prime coat shall be compatible with the coating
system specified in the PAINTING section. Where paint has been withheld from
areas to be welded and other bare spots, scrapes, etc., the areas shall be
touched up with the original primer. Minimum prime coat dry thickness shall be
2 mils.
Aluminum Pipe Railings: Fabricate railing with smooth bends and welded joints
ground smooth and flush. The top rail should be 42" above the floor; stair
rails shall be 35" above the nose of the tread. Rail posts and fittings shall
be anodized, and rails adjusted to insure matching alignment. Where aluminum
attachments are to be in contact with concrete or steel, use one layer of #15
asphalt felt applied with bituminous paint to separate the contact steel unless
otherwise noted. Space posts not more than 7 feet on centers. Plumb posts in
each direction. Handrail posts, except where otherwise detailed, shall have a
minimum three bolt fascia type mounting.
Aluminum in contact with concrete shall receive a heavy coating of epoxy or
other coating suitable for exposure to drinking water.
0603-01 T05 Structural Steel and Misc Metal.doc
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SECTION T5
STRUCTURAL STEEL & MISCELLANEOUS METAL
ERECTION:
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Structural steel and miscellaneous steelwork shall be erected in conformance
with current edition of AISC Specifications.
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PAYMENT:
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Payment for all items covered by this section of the specifications shall be
paid in accordance with the bid item list. No other separate payment will be
made for the work by this section of the specifications and all costs in
connection therewith shall be included in the appropriate lump sum or unit
price in the bid list. All work not directly listed in the bid list shall be
considered a subsidiary obligation of the Contractor.
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SECTION T6
WATER LINES
SCOPE:
Before work is begun, the Contractor will furnish to the Engineer for approval,
six sets of Shop Drawings for pipe, fittings, hydrants, valves and all
appurtenances. All necessary details and dimensions shall be shown on each
submittal.
The work covered by this section of the specifications consists of -furnishing
all plant, labor, supervision, equipment and materials, and performing all
operations in connection with the installation and testing of the water line
and appurtenances, complete, in strict accordance with this section of the
specifications and the applicable plans, and subject to the terms and
conditions of the Contract.
GENERAL:
All piping and accessories furnished by the Contractor for incorporation in the
work shall be new, unused, and of the type specified herein, and listed in the
Bid. All material and construction must be in accordance with the AWWA
Standards and any PVC material or plastic service line used must bear the
National Sanitation Foundation (NSF) seal of approval for potable water use.
All pipe, solder and flux used during installation of the water lines must be
"lead-free" with not more than 8% lead in pipes and fittings, and not more than
0.2% lead in solder and flux.
In installation, no blocking of pipe barrel above the trench bottom will be
permitted. Arty pipe which has its alignment, grade, or joints disturbed after
laying shall be taken up and relaid. The interior of the pipe shall be
thoroughly cleaned of all foreign matter before laying in the trench and shall
be kept clean during laying operations by means of plugs or other approved
methods. The pipe shall not be laid in water or when trench or weather
conditions are unsuitable for work, and water shall be kept out of trenches
until the pipe joints have been completed. When work is not in progress, open
ends of pipe and fittings shall be securely plugged so that trench water, earth
or other foreign substance cannot enter the line.
EXCAVATION, TRENCHING AND BACKFILLING:
See the EXCAVATION, FILLING AND BACKFILLING section of these specifications for
trench excavation, pipe bedding and backfilling requirements. Excavation
required for construction of the water lines shall be either common excavation
or rock excavation.
SERVICE PIPING SCHEDULE:
Unless otherwise indicated, pipe and fittings shall be constructed of the
materials shown in the following schedule for the service indicated. Cast iron
pipe or ductile iron pipe and fittings shall be used for all piping except as
may be otherwise indioated in the following schedule:
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SECTION T6
WATER LINES
Service
Pipe Material
D.I.P. Flanged (CL 53)
Underground
Pressure Class 250
Fitting Material
Flg. - above ground;
Push-on, M.J. or R.J.
below ground.
Water Line Piping not
otherwise listed below
l~" & Smaller
Type K Copper
DUCTILE IRON PIPE:
General: All pipe and fittings may be inspected at the place of manufacture
by representatives of the Owner and/or by a testing laboratory of the Owner's
selection. Such inspection shall not in any way relieve the Contractor from
the responsibility for the compliance of all materials installed as
specified, nor shall such inspection in any way relieve the manufacturer from
his responsibility for materials he furnished to be as specified.
Storage of Materials: All pipe, fittings, valves and hydrants shall be stored
on .site such that they are elevated off the ground at least 6" to prevent any
water or form of debris to enter the pipe or pipe openings. All materials
shall be properly supported to prevent excess stress while stored.
Underground:
Underground pipe shall be ductile iron. Pipe sizes 4" to 12" shall be
Pressure Class 350, 14" to 36" shall be Pressure Class 250, and in accordance
with ANSI Specification A21.50 and A21.51, using 60/42/10 grade of iron.
Fittings: Fittings shall be ductile iron, mechanical joint, 250 P.S.I.
rating or better AWWA CI10 or compact ductile iron M. J. conforming to AWWA
C153, in accordance with ANSI A21.10. Pipe and fittings shall be coated on the
outside with a bituminous coating, and lined with cement lining in accordance
with ANSI A2l.4. for 0.1. fittings. Payment for fittings will be made on the
basis of published weights less accessories.
Joints and Jointing Materials:
Joints in underground ductile iron pipe shall be mechanical joint, push-
on joint, or restrained joint where indicated. All joints and jointing
materials shall conform to the requirements of ANSI A21.11.
Mechanical Joints shall conform to ANSI A21.10 and A21.11, and shall have
gaskets smooth and free from any porosity or imperfections; gaskets shall be
made of vulcanized natural or vulcanized synthetic rubber. Bolts for
mechanical joints shall be standard, high-strength, heat-treated cast iron tee-
head bolts with hexagon nuts meeting the requirements of ANSI A21.11.
Push-on Joints shall have gaskets made of vulcanized natural or synthetic
rubber compound conforming to ANSI A21.11 and smooth and free from all
imperfections and porosity. Lubricant for push-on joints shall be non-toxic,
shall not support bacteria growth and shall have no deteriorating effect on the
gasket material.
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SECTION T6
WATER LINES
Restrained Joints: All joint restraint shall be rated for a minimum of
250 psi. Pipe 6" to,24" shall be ACIPCO ~Fast Grip", U.S. Pipe "Field Lok" or
comparable product which utilizes a positive restraining gasket. Restrained
Joints for pipe 30" to 36" shall be ACIPcO "Flex Ring", U.S. Pipe "TR Flex" or
comparable product which utilizes a positive restraining joint. Megalug@ may
also be used as restraint for pipe 6" to 36". After installation, any tie rod
assemblies shall be fully field coated with coal tar bitumastic to prevent
corrosion.
*
Concrete Blocking for Restraint:
Unless otherwise shown, fittings not connected to restrained pipe shall utilize
concrete blocking for restraint. The thrust block shall be poured as to
provide access to all joints. No bolts, glands or restraint shall be in direct
contact with concrete. The concrete thrust block shall be formed against
undisturbed trench wall or temporary wood forms or a combination of both. All
temporary forms shall be removed before backfilling. Where block is poured
against temporary forms, backfill shall be compacted on all sides to the
required compaction.
Vertical changes in the pipe line shall utilize restrained joint pipe and
fittings. Concrete blocking will not be acceptable for restraint in the
vertical position.
INSTALLATION:
Handling: Pipe and accessories shall be handled in such a manner as to
insure delivery on the site and installation in the trench in a sound,
undamaged condition. Particular care should be taken not to injure the
coating.
Cutting of pipe shall be done in a neat and workmanlike manner without
damage to the pipe or its coating. Cutting shall be done by means of an
approved type of mechanical cutter. After cutting, all burrs and other
roughness shall be removed and the exterior of the spigot end suitably beveled
to facilitate assembly. If cutting is not possible, short lengths of pipe
shall be furnished as necessary.
Placing and Laying: Pipe and accessories shall be examined for defects
and tapped with a light hammer to detect cracks while suspended in the sling
before installing. All damaged, defective or unsound items will be rejected
and removed immediately from the site of the work. All water shall be removed
from the trench before pipe is to be laid.
Temporary Plugging: All ends of pipelines shall be properly plugged and
watertight to eliminate any foreign material from entering the pipe at the end
of each work session.
DEFLECTION:
Deflection of pipelines and fittings shall be made in strict accordance with
manufacturer's requirements. If alignment requires deflections in excess of the
manufacturer's limitations, the Contractor shall provide special bends or a
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SECTION T6
WATER LINES
sufficient number of shorter lengths of pipe to provide angular deflections
within the limits set forth by the manufacturer.
JOINTING:
Push-on Joints shall be assembled by pre-positioning a continuous, molded
rubber ring gasket in an annular recess in the pipe socket and forcing the
spigot end of the entering pipe into the socket, thereby compressing the gasket
radially to the pipe to form a positive seal. The design and shape of the
gasket and the annular recess shall be such that the gasket is locked in place
against displacement as the joint is assembled. Details of the joint design
shall be in accordance with the manufacturer's standard practice. The size and
shape of the gasket shall be such as to provide adequate compressive force
between the spigot and the socket after assembly to affect a positive seal
under all combinations of the joints and gasket tolerances. Contractor shall
furnish both the Owner and the Engineer with one copy of the pipe
manufacturer's joint assembly instructions. The Contractor shall adhere
strictly to the pipe manufacturer's joint assembly instructions.
Mechanical Joints: The last 8 inches of the spigot apd inside of the
bell of mechanical joint pipe shall be thoroughly cleaned and then painted with
a soap solution made by dissolving one-half cup of granulated soap in one
gallon of water. The cast iron gland shall then be slipped on the spigot end
of the pipe. The rubber gasket shall be painted with the soap solution and
placed on the spigot end with the thick edge toward the gland. The entire
section of .the pipe shall be pushed forward to seat the spigot end in the bell.
The gasket shall then be pressed into place within the bell, being careful to
have the gasket evenly positioned around the entire joint. The cast-iron gland
shall be moved into position for bolting, all bolts inserted, and the nuts
screwed up tightly with the fingers. Nuts spaced 180 degrees apart shall be
tightened alternately to produce an equal pressure on all parts of the gland.
A suitable torque-limiting wrench shall be used with maximum torque as
recommended by the manufacturer.
Cleaning: A pipe swab shall be kept in the pipe at all times to prevent
debris from entering the newly laid pipe. Whenever pipe laying operations are
ceased, a watertight, inflatable plug shall be installed in the open end of the
pipe to prevent ground water from entering the newly laid pipe.
CREEK CRQSSINGS: Creek crossings shall consist of restrained ductile iron
carrier pipe, steel casing pipe, casing spacers, casing end seals and concrete
encasement. The maximum spacing for spacers is 10'-0". The concrete
encasement shall be poured continuous and have three defined sides either of
wood or clean trench wall and bottom. The minimum thickness of concrete around
the casing shall be 8" thick.
CONNECTIONS TO EXISTING MAINS:
The Contractor shall verify existing conditions of tie-in and submit to
Engineer for approval a sketch of the connection if conditions differ from
Contract Documents. The Contractor shall contact the Superintendent of the
water system and request approval 5 days prior to the intended connection date.
. 0603-01 T06 Water Lines . doc
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SECTION T6
WATER LINES
The Contractor shall furnish and install all fittings and appurtenances
necessary (unless otherwise noted) to make connections to the existing
distribution system. All solid sleeves used to cut into existing pipes shall
have a maximum gap of 3/4" between butted plain end pipes. Where this is
unable to be achieved, -a filler ring shall be installed to close the gap
between the cut pipes. All sleeves shall be restrained joint.
Dewatering the existing pipe shall be done to prevent any cross contamination
of trench water. The Contractor shall provide a pump sufficient for the rate
of flow and/or appropriate drainage to ensure there is no backflow into the
existing water line. The cut or break in the existing water line shall be at
the highest point of the connection.
All fittings, pipe, valves and appurtenances used to connect to the existing
water system prior to standard disinfection shall be clean, free of foreign
material and disinfected. Disinfection shall utilize a bleach solution of 1
1/2 parts water to 1 part bleach that shall be sprayed inside pipe, valves,
fittings and appurtenances before the connection is to be put back on line with
the existing water system.
TESTING:
General: After completion of the piping, it shall be tes ted for leaks in
accordance with AWWA C600 (latest revision) and proved tight at 250 psig. The
Contractor shall provide, at his expense, all labor, supervision, pumps,
measuring devices, power, miscellaneous equipment, temporary plugs or valves
and water necessary for performance of all testing and disinfection on all
piping in accordance with the requirements of these specifications.
For installation of water lines 16" and larger, the Contractor shall submit in
writing a procedure for adequately flushing, chlorinating and dechlorinating
the newly laid pipe line. This written procedure must be submitted at least 2
weeks prior to the intended starting date for review and approval of the
Engineer.
Hydrostatic Tests:
Pressure Test: All sample taps shall be installed before pressure testing.
All newly installed pressure pipe or any valved section thereof shall be
subjected to the appropriate hydrostatic pressure based on the elevation of the
lowest point in the line or section under test and corrected to the elevation
of the test gage. The duration of each pressure test shall be two hours.
Before applying the specified test pressure, all air must be expelled from the
line. The Contractor will make the necessary taps and insert plugs after the
test is completed. All taps installed shall be marked in red on the Contract
Drawings that will serve as the record drawings. Any exposed pipe, fittings,
valves, and joints shall be carefully examined during the open trench test.
All defective joints shall be repaired or replaced to the satisfaction of the
Engineer. Any cracked or defective pipe, joints, fittings, valves or hydrants
discovered in consequence of this pressure test shall be removed and replaced
with sound material and the test shall be repeated until satisfactory to the
Engineer.
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0603-01 TO~ Water Lines.doc
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SECTION T6
WATER LINES
Leakage Test: The duration of the leakage test shall be two hours, and during
the test the main or section of the main under test shall be subjected to the
above noted pressure based on the lowest point in the line or section under
test and corrected to the elevation of the test gage. 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 specified leakage test pressure
after the air has been expelled and the pipe has been filled with water at the
test pressure. No pipe installation will be accepted until leakage is less
than the number of gallons per hour as determined by the formula
L = D#
133
L = Allowable leakage in gallons per hour per 1,000 ft. pipe.
o The nominal diameter of the pipe in inches.
P = The average test pressure during the leakage test in pounds per
square inch gauge.
All visible leaks shall be repaired regardless of the allowance used for
testing.
STERILIZATION:
All piping complete with fittings and appurtenances shall be flushed until
clean, and sterilized as specified in AWWA C651 (latest revision),
"Disinfecting Water Mains". Disposal of heavily chlorinated water (following
disinfection) must be accomplished in accordance with AWWA C651 (latest
revision) . The requirements of this paragraph apply equally to new pipe and
fittings, and to existing pipe lines into which connections have been made, or
which may have been otherwise disturbed to the extent that contamination may
have occurred.
Sample Taps: A fire hydrant shall not be used as a sample tap. Sample taps
shall consist of a corporation stop, ~" AWWA taper thread inlet and flare
copper outlet, Mueller No. H-15000 or approved equal, a riser, and a hose bibb
12" above grade. Hose bibb shall be capable of being sterilized by an open
flame. After water samples have been tested and approved, the hose bibb and
riser shall be removed and the outlet of the corporation stop shall be tightly
sealed with a brass plug. Sample tap locations shall be installed at each end
of new line and no more than 1200 feet along the length of the new laid line.
Sample taps may also be located strategically along water line to help
facilitate removal of the air.
CLEAN-UP:
Upon completion of the installation of the water lines and appurtenances, all
equipment and debris remaining as a result of the Contractor's operations shall
be removed from the site of the work.
0603-01 T06 Water Lines. doc
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SECTION T6
WATER LINES
PAYMENT:
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.
Miscellaneous pipe fittings and connections shall be measured in pounds
include costs for all fittings and installation including normal joints
gaskets, mechanical joint restraint, etc., regardless of material.
additional payment shall be made for these items.
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.
and
and
No
Payment for all items covered by this section of the specifications shall be
paid in accordance with the bid item list. No other separate payment will be
made for the work by this section of the specifications and all costs in
connection therewith shall be included in the appropriate lump sum or unit
price in the bid list. All work not directly listed in the bid list shall be
considered a subsidiary obligation of the Contractor.
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SECTION T7
VALVES AND HYDRANTS
SCOPE:
The work covered by this section of the specifications consists of furnishing
all plant, labor, supervision, equipment and materials, and performing all
operations in connection with the installation of the valves, 6" and larger,
fire hydrants, and appurtenances, complete, in accordance with this section of
the specifications and the applicable plans, and subject to the terms and
conditions of the Contract.
GENERAL:
The Contractor shall submit 6 sets of complete drawings for approval of the
Engineer for all hydrants, valves and appurtenances.
All valves and accessories furnished by the Contractor for incorporation into
the work shall be new, unused, and of the type specified herein. Valves for
buried service shall be furnished with restrained mechanical j'oint connections.
Exposed valves shall be flanged with current ANSI Standards to match the
piping. Each valve shall have the identifying mark of the manufacturer, year
of manufacture and pressure rating cast on the body. All valves shall be
opened by turning counter-clockwise and shall have an arrow cast into the metal
of the operating nut or on the handle or wheel to indicate direction of
opening. All valves of a single type shall be furnished by a single
manufacturer.
SUBMITTALS:
SMALL WATER VALVES:
Valves 2" and smaller in water lines shall be bronze ball. valves with cast
bronze bodies and end pieces. The valves shall feature PTFE seats and seals,
full porting, and at least 400 CWP rating. Valves shall be as manufactured by
Nibco or approved equal.
GATE VALVES:
Gate valves 6" - 20" shall be of the resilient seat type designed for a minimum
working pressure of 250 psi. Valves ~ 16" shall be fitted with gear operators.
Underground valves shall have restrained mechanical joint ends to match the
piping in which they are installed. Exposed valves shall be flanged. Gate
valves shall have a clear waterway equal to the full normal diameter of the
pipe. Prior to shipment from the factory, each valve shall be tested by
hydraulic pressure equal to twice the specified working pressure. All valves
shall conform to the specifications for Gate Valves for Ordinary Water Works
Service, AWWA C509. Coatings shall be per AWWA C550. Valves shall be non-
rising stem type with 2-inch square operating nut. Val ves shall be U. S.
Metroseal, American Flow Control, or approved equal.
BUTTERFLY VALVES:
Butterfly valves shall be of the tight closing, rubber seat type with seats
which are bonded to and mechanically retained in the valve body. No metal-to-
metal seating surfaces permitted. Valves shall be bubble tight at rated
pressures with flow in either direction, and shall be satisfactory for
0603-01 TO? Valves & Hydrants.dOC
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SECTION T7
VALVES AND HYDRANTS
applications involving throttling service and/or frequent operation and for
applications involving valve operation after long periods of inactivity. Valve
discs shall rotate 900 from the full open position to the tight shut position.
Valves shall meet the applicable requirements of the AWWA C504. The
manufacturer shall have manufactured tight closing rubber seated butterfly
valves for a period of at least five (5) years. Butterfly valves shall be
Dezurik, Pratt or approved equal.
Valve Bodies shall be constructed of ductile iron and shall have integrally
cast mechanical joint ends or flanged ends as appropriate. Flange drilling
shall be in accordance with AWWA ClIO & C115, 250 psi working pressure.
Valve Discs shall be constructed of ductile iron.
Valve Shafts: Shafts of all valves shall be turned, ground and polished.
Valve shafts shall be constructed of lS-S Type 304 stainless steel.
Valve Seats shall be of a natural rubber or synthetic rubber compound. Valve
seats shall be field adjustable and replaceable without dismounting operator
disc or shaft and without removing the valve from the line according to AWWA
C504. All retaining segments and adjusting devices shall be a corrosion
resistant material and shall be capable of a l/S inch adjustment.
Valve Bearings: Valves shall be fitted with sleeve type bearings.
shall be corros~on resistant stainless steel and self lubricating.
Bearings
Valve actuators shall conform to latest revision of AWWA C504, and shall be
designed to hold the valve in any intermediate position between full open and
fully closed without creeping or fluttering. The bearing load shall not exceed
1/5 of the compressive strength of the bearing or shaft material.
Manual valve operators shall be of the worm gear or traveling nut type and
fully enclosed. Units furnished for buried service shall be fully gasketed and
grease packed. Above ground operators shall have a suitable indicator arrow to
give valve position at any point from full open to fully closed. Manual
operators shall require at least 30 turns of the handwheel to rotate 900.
Operator components shall, at the extreme operator positions, withstand without
damage a pull of 200 lbs. for handwheel operators or an input torque of 300 ft.
lbs. for operating nuts.
Electric motor actuators: Butterfly valves where identified on drawings shall
be fitted with electric actuators. The actuators shall be ElM Corporation for
open-close service, non-modulating for two position duty, in NEMA 4X
enclosures, limi t swi tches, torque switches, mechanical dial position
indicator, declutchable handwheel, heater, open-stop-close pushbuttons, local
off remote selector switch. Indicator lights and a 120 volt single phase
service. Valve actuators shall provide reversing starter and safety and over
current protection for the motor.
Actuators shall be equipped with a handwheel to allow manual valve operation.
0603-01 TO? Valves & Hydrants.doc
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SECTION T7
VALVES AND HYDRANTS
Valve Appurtenances:
Cast Iron Valve Boxes: All underground gate valves shall be installed with
cast iron valve boxes having a suitable base and shaft extension sections to
cover and protect the valve and permit easy access and operation. Extension
stems and position indicators for underground butterfly valves shall be as
specified under "Manual Operators" for Butterfly Valves. Box assemblies shall
be Mueller H-I0357, Grinnell, or an approved equal. The word WATER shall be
cast on covers for valve boxes on potable water lines only.
Installation: Valves in valve boxes shall be plumb and appropriately located
to provide for removal and installation using a suitable coupling. Earth fill
shall be carefully tamped around valve boxes to the undisturbed face of the
trench. Valves shall have the interiors cleaned of all foreign matter before
installation. Stuffing boxes shall be tightened and the valve shall be
inspected in both opened and closed positions to see that all parts are in
working condition.
TAPPING SLEEVES AND VALVES (<18"):
The Contractor shall furnish and install tapping sleeves with valves and all
other fittings and appurtenances necessary to make connections to the existing
water distribution system. The Contractor shall verify the material and size
of the pipeline to be tapped or connected into.
Tapping valves shall conform to the requirements of gate valves specified above
and fitted with mechanical joint ends. Valves shall be Mueller No. H667, Clow
No. F-5093, or an approved equal.
PAINTING AND TESTING REQUIREMENTS:
Painting and Testing: All iron surfaces of the valves shall be painted;
surfaces shall be clean, dry, and free from grease before painting. The valve
surfaces, except for seating, shall be evenly coated with a suitable primer to
inhibit rust or black asphalt varnish in accordance with Federal Specification
TT-V-51C or 512. Hydrostatic and leakage tests shall be conducted in strict
accordance with AWWA C500.
Affidavit of Compliance: The Vendor of the valves shall, upon completion of
manufacture, provide to the Owner an "Affidavit of Compliance" in accordance
with AWWA C500 or C509 as appropriate.
Proof-of-Design Test: Vendor shall include with his submittal certified copies
of Proof-of-Design Tests in accordance with the applicable AWWA specification.
FIRE HYDRANTS:
The contractor shall furnish and install hydrants in conformance with the
following requirements:
Materials: Hydrants shall be cast iron, fully bronze mounted designed for 250'
. psi working pressure, and shall conform to the requirements of AWWA C502.
Hydrants shall be suitable for connection to pipe having 48 inch cover plus ~
the diameter of the water line. Hydrants shall have a minimum valve opening of
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SECTION T7
VALVES AND HYDRANTS
5-1/4 inches, and shall be equipped with two 2-1/2 inch hose nozzles and one 4-
1/2 inch pumper nozzle, with National Standard Hose Thread, and shall be
Mueller Super Centurion 250, or approved equal. Each hydrant shall have the
standard red enamel paint finish.
Installation: Hydrants shall be set plumb and at such elevation that the
connecting pipe shall have at least 48 inch cover plus ~ the diameter of the
water line over the pipe. The top of the hydrant operating nut shall be a
minimum of 32" higher than finish grade. The Contractor shall furnish and
install a fire hydrant extension if the water line is installed deeper than the
minimum depth and at no additional cost to the Owner. Earth fill suitable for
backfill as previously defined, shall be carefully placed in 6 inch layers and
to 3 feet on all sides, or to the undisturbed face of the trench if nearer, and
carefully tamped. Not less than 7 cubic feet of crushed or broken stone shall
be placed around the base of the hydrant to insure drainage. The interior of
the hydrant shall be thoroughly cleaned of all foreign matter prior to
installation, and after installation, each hydrant shall be operated to assure
proper operation. The 6 inch auxiliary valve shall be independently secured to
the hydrant and main line tree with fully restrained joints or tie rod harness.
Tie rod harness shall consist of Star Fig. 7 tie bolts with threaded rods and
nuts or approved equal. Entire assembly shall be coated with coal tar
bitumastic after installation. Concrete blocking will not be permitted.
TESTING, CLEAN-UP, AND STERILIZATION:
Testing and clean-up shall be performed in accordance with the provisions of
Section T-6 of these specifications. All valves shall be in place when
lines are tested. Any cracked or defective valves discovered in consequence of
the testing shall be removed and replaced with sound material and the test
shall be repeated until a satisfactory test is achieved.
PAYMENT:
All valve line items shall be measured individually (each) and shall include
costs for valves, valve boxes/vaults, manholes, valve extensions, excavation,
dewatering, asphalt/coricrete cutting, all associated fittings, installation,
normal backfill, and testing. No additional payment shall be made for these
items.
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.
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.
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SECTION T7
VALVES AND HYDRANTS
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Payment for all items covered by this section of the specifications shall be
paid in accordance with the bid item list. No other separate payment will be
made for the work by this section of the specifications and all costs in
connection therewith shall be included in the appropriate lump sum or unit
price in the bid list. All work not directly listed in the bid list shall be
considered a subsidiary obligation of the Contractor.
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SECTION TS
UNDERGROUND CROSSINGS OF HIGHWAYS AND RAILROADS
SCOPE:
The work covered by this section of the specifications consists of furnishing
all plant, labor, equipment and materials and in performing all operatiorts in
connection with the installation of dry bored and jacked underground crossings
of highways for water lines, complete, in strict accordance with the
specifications and the applicable plans, and subject to the terms and
conditions of the contract.
GENERAL:
Work on highway right-of-way or railroad right-of-way shall be under the
supervision of the Chief Engineer of the agency, or his authorized
representative who shall be notified at least 15 days before actual work on the
installation is started.
UNDERGROUND CROSSINGS:
Water Lines: Underground crossings for water lines shall consist of a carrier
pipe installed in a casing pipe. The casing pipe shall be installed under the
roadbed or railway by dry boring and jacking. The carrier pipe shall be pushed
through the casing pipe on casing spacers securely fastened to the carrier
pipe.
CASING:
Casing pipe shall be smooth steel pipe with a minimum yield strength of 35,000
psi. The joints shall be butt welded. A 1/16" corrosion allowance of wall
thickness has been included in the tabulated pipe date in lieu of any coating
and wrapping requirement.
CARRIER PIPE:
Water Line: The carrier pipe for water lines shall be restrained ductile iron
pipe conforming to the requirements of the WATER LINES section of the
Specifications.
Installation: Carrier pipe installed in steel casings shall be pushed through
the casing pipe on casing spacers securely fastened to the carrier pipe. The
jacking operation shall utilize soap or drilling mud as a lubricant and shall
utilize timber cushioning on the end subjected to the forces from the jacking
device. Any damaged pipe shall be cut off and removed from the site. After
the carrier pipe has been checked and tested, the casing pipe shall be filled
with sand and the casing to carrier end seals shall be installed.
ABORTED BORES:
Unsuccessful bore and jack installations which must be abandoned because of
failure to meet alignment and/or grade requirements, bore and jack
installations shall be completely filled with concrete. The steel casing may
be left in place or withdrawn simultaneously with the filling of the hole with
concrete. Relocation for additional bore and jack attempts shall be made after
consultation with the Engineer.
0603-01 Toe Underground Cro~~ing3 of Hwy~ and RRs.doc
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SECTION TS
UNDERGROUND CROSSINGS OF HIGHWAYS AND RAILROADS
CASING SPACERS:
Casing spacers
Systems (APS)
installation.
manufacturer's
shall be Collins steel Carrier pipe supports, Advance Products &
Model SI Casing Spacers or approved equal appropriate for
Casing spacers, nuts, and bolts shall be heavily coated with the
Bituminous paint, or shall be stainless steel.
CASING TO CARRIER END SEALS:
End seals shall be a minimum of l/S" thick synthetic rubber with stainless
steel banding straps with non-magnetic worm gear mechanism. Advance Products &
Systems (APS) Model AM or approved equal.
PAYMENT:
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.
Payment for all items covered by this section of the specifications shall be
paid in accordance with the bid item list. No other separate payment will be
made for the work by this section of the specifications and all costs in
connection therewith shall be included in the appropriate lump sum or unit
price in the bid list. All work not directly listed in the bid list shall be
considered a subsidiary obligation of the Contractor.
0603-01 T08 Underground Crossings of Hwys and RRs.doc
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SECTION T9
PAINTING AND FINISHING
SCOPE:
The work covered by this specification consists of furnishing all plant, labor,
equipment, appliances, and materials, and in performing all operations in
connection with the painting of metals, masonry, concrete, wood, plastic, and
equipment of the buildings and process work. Painting shall be performed at
such times and in such places as the Contractor and Engineer may agree upon
in order that dust-free and neat work be obtained. All painting shall be
done in strict accordance with the recommendations of the manufacturer and
shall be performed in a manner satisfactory to the Engineer. Ferrous metals
shall be prime coated in the shop as specified herein or in other sections and
shall have any bare spots resulting from handling or welding touched up with
one coat of the respective shop paint.
APPLICABLE PUBLICATIONS:
The publications listed below form a part of this specification to the extent
referenced. The publications referred to in text by the basic designation
only.
American Water Works Association, Inc. (AWWA) Standards:
0100-84
0102-97
Welded Steel Tanks for Water storage
Painting Steel Water Storage Tanks
Steel Structures Painting Council (SSPC) Specifications:
SSPC-SP 1
SSPC-SP 3
SSPC-SP 6
SSPC-SP 10-63
Solvent Cleaning
Power Brush Cleaning
Commercial Blast Cleaning
Near White Blast Cleaning
Unless otherwise specified, all work and materials for the preparation and
coating of all metal surfaces shall conform to the applicable requirements
specified in the Steel Structures Painting Manual, Volume 2, Systems and
Specifications Revised, latest edition, published by the Steel Structures
Painting Council.
MATERIALS:
All paints shall be fresh and shall arrive on the job in the original, unopened
containers that clearly show the name of the manufacturer and directions for
application. This specification utilizes the products of the Tnemec Company
and Induron Coatings Inc. as the standards of quality and color; the comparable
products of Carboline will be considered equal.
Shipping, Storage and Handling:
All paints shall be properly prepared by the manufacturer and delivered to
the site for field painting in the original unbroken containers with
manufacturer's label plainly printed thereon. Each container shall provide
0603-01 T09 Painting and Finishing.doc
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SECTION T9
PAINTING AND FINISHING
labels with following information: Name or title of material; manufacturers
name; contents by volume for major pigment and vehicle constituents; date of
manufacture; thinning instructions; and application instructions. Type of
material to be applied at each location shall be submitted to the Engineer
with the manufacturer's written reCOIi1m.endation of the type paint for each
item to be painted. Containers which are broken, opened, water-marked and/or
contain caked, lumpy, or otherwise damaged materials, are unacceptable and
shall immediately be removed from the work site.
The Contractor shall exercise every precaution in the storing of paints,
solvents, cleaning fluids, rags, and similar materials as to eliminate the
risk of spontaneous combustion or other hazardous conditions. Portable fire
extinguishing equipment shall be provided in a convenient location for
emergency access. All painting materials stored on the job site shall be
stored in a location outside of the work area. The Contractor shall take all
safety precautions in accordance with Section 7 of AWWA 0-102, NFPA Bulletin
No. 101 and all federal, state and local regulations.
SURFACES REQUIRING PAINTING:
The painting required by this section shall include painting the piping and
equipment of this contract, including any steel work associated with the
project. Included in the painting are interior walls, ceiling, trim, all
piping and equipment, including the steel work associated with the project.
Exterior painting shall include the exterior of the prestressed tank, all
ferrous metal associated with the work of this contract and all exposed wood.
Interior painting shall include all exposed interior concrete and block (except
floors), exposed wood, ferrous metal work, piping, fittings, valves, equipment
and other metal work of this contract. Interior painting shall also include
touch up of all surfaces modified or damaged during construction.
Equipment prefinished by the manufacturer shall conform to the special
requirements of the specification section in which the equipment is specified,
but shall not have a finish of lower quality than herein specified for exterior
and interior metal work.
Exterior masonry, concrete, aluminum, chrome, stainless
fiberglass and exterior galvanized pipe shall not be
specifically noted elsewhere.
steel, prefinished
painted except as
SURFACE PREPARATION:
All surfaces which are to be painted shall, prior to application of paint, be
cleaned, washed and further prepared in accordance with SSPC SP-l Solvent
Cleaning and as specified herein. Surfaces of ferrous metal to receive
Phenolic, Vinyl, Epo1{Y, or Alkyd Primers shall be thoroughly cleaned by
sandblasting to commercial blast metal (SSPC-SP6). Where long oil primers are
elsewhere specified, SSPC-SP3, power brush cleaning is acceptable; submerged
surfaces shall be near-white blast (SSPC-SPI0).
Masonry and concrete surfaces requiring paint shall be free of moisture, dust,
dirt, oil, grease or stains. Efflorescence or laitance shall be removed by
0603-01 T09 Painting and Finishing.doc
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SECTION T9
PAINTING AND FINISHING
brushing, sandblasting, or, subject to the directions of the Engineer, by acid
etching.
Wood surfaces shall be thoroughly cleaned and free of all foreign matter, with
cracks and nail holes and other defects properly filled and smoothed.
Polyvinyl Chloride (PVC) pipe surfaces shall be solvent wiped and lightly
sanded.
Prepainted Surfaces: Primed surfaces where the coating is in good condition
shall be lightly sanded, wire brushed, or brush blasted to slightly roughen the
surface. Where the paint is showing rust, or otherwise failing, the surface
shall be sand blasted for repainting as new material. Surfaces shall be sanded
to eliminate the scale marks and other imperfections which will not permit a
smooth finished surface. Cracks, nail holes, and other defects shall be
appropriately filled and smoothed.
APPLICATION:
No paint shall be applied when the air or surface temperature, as measured in
the shade, is below that which is recommended by the manufacturer. Paint
shall not be applied to wet or damp surfaces, and shall not be applied in
rain, snow, fog, mist, or when the surface temperature will be less than 50 F
above the dew point. No paint shall be applied when it is expected that the
surface temperature will drop below the manufacturer's recommendation within
eight hours after the application of the paint. Care must be exercised that
the coatings are not applied in too heavy a coat above that recommended by
the manufacturer and that adequate drying time is permitted between coats to
assure proper release of solvents.
Mixing,
curing,
coating
thinning, pot life, application procedure, equipment, coverage,
re-coating, storage and number of coats shall be in accordance with
manufacturer's instructions.
Each application of material shall be worked into corners, crevices, joints,
etc., and distributed evenly over flat. surfaces. Spraying techniques that
result in a uniform wet pattern shall be used and dry spraying should be
aVoided~ Dry spray shall be removed prior to coating being applied. All
bolts, welds, sharp edges, and difficult access areas shall receive a primer
brush coat or spray coat prior to primer spray application.
COATING SYSTEMS:
Surface:
Concrete and concrete block walls and exposed concrete ceilings
Prime Coat:
Concrete block filler 54-660 Polyamide Epoxy or Induron
Polyfill Epoxy Block Filler
Hi-Build Epoxoline II Series N69 Polyamidoamine Epoxy or
Induron Perma-Clean II Epoxy
Hi-Build Epoxoline II Series N69 Polyamidoamine Epoxy or
Induron Perma-Clean II Epoxy
1st. Coat:
2nd. Coat:
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Surfa,ce:
Exposed structural steel, and machinery, non-immersed. Shop apply
coatings.
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Prime Coat:
1st. Coat:
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2nd. Coat:
Surface:
SECTION T9
PAINTING AND FINISHING
Tneme-Zinc 90-97 or Induron Z-Rep 56
Hi-Build Epoxoline II Series N69 Polyarnidoarnine Epoxy or
Induron Perma-Clean II Epoxy
Endura-Shield II, Series 1075, aliphatic acrylic
urethane or Induron Indurethane 5500
Submerged ferrous metal.
Prime Coat: Pota-pox Plus, Series N140 Polyamidoamine Epoxy or
Induron PE-54 Epoxy Primer
lst. Coat: Pota-Pox Plus, Series N140 Polyamidoamine Epoxy or
Induron Ruff Stuff 3300
2nd. Coat: Pota-pox Plus, Series N140 Polyamidoamine Epoxy or
Induron PE-54 Epoxy Int./Finish
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Surface:
Machinery, pumps, pipes, valves. Bituminous coated pipe shall be
sealed before recoating.
Prime Coat: . Poxiprime II Series N68 Polyamidoamine Epoxy or Induron
Armorguard Epoxy(Epoxy-Polyarnide)
1st. Coat: Hi-BUild Epoxoline II Series N69 Polyamidoamine Epoxy or
Induron Perma-Clean II Epoxy
2nd. Coat: Hi-Build Epoxoline II Series N69 Polyamidoamine Epoxy or
Induron Perma-Clean II Epoxy
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Surface:
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Prime Coat:
Machinery, pumps, pipes, valves. immersed, potable water.
Hydro-Zinc 2000 Series 91-HzO Aromatic urethane, zinc-
rich meeting requirements for AWWA and NSF Std. 61. or
Induron Z-Rep 56.
Pota-pox Plus, Series N140 Polyarnidoarnine Epoxy or
Induron PE-54 Epoxy Primer
Pota-pox Plus, Series N140 Polyamidoarnine Epoxy or
Induron PE-54 Epoxy Primer
Polyvinyl chloride pipe, interior exposed.
1st. Coat: Hi-Build Epoxoline II Series N69 Polyamidoamine Epoxy or
Induron Perma-Clean II Epoxy
2nd. Coat: Hi-Build Epoxoline II Series N69 Polyamidoamine Epoxy or
Induron Perma-Clean II Epoxy
lst. Coat:
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1st. Coat:
Polyvinyl chloride pipe, exterior exposed.
All painting shall be done in a workmanlike manner, leaving the finished
surface free from drops, ridges, waves, laps and brush marks. Sufficient time
shall be allowed between coats to insure proper drying. Paint shall be applied
under dry and dust free conditions. Paint shall be applied in a manner that
the coverage shall not exceed that recommended by the manufacturer. Where
2nd. Coat:
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WORKMANSHIP:
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0603-01 T09 P~inting and Finishing.doc
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Hi-Build Epoxoline II Series N69 Polyarnidoarnine Epoxy or
Induron Perrna-Clean II Epoxy,
Endura-Shield II, Series 1075, aliphatic acrylic
urethane or Induron Indurethane 5500
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SECTION T9
PAINTING AND FINISHING
there is any doubt, either about generic composition or compatibility of
existing coatings a test application shall be made and after 14 days checked
for adhesion characteristics and other forms of incompatibility. Paint during
application shall be continuously stirred and no thinner shall be added after
the paint has been mixed. Paint shall be thoroughly worked into all joints,
corners. Should any coat or paint be judged unsatisfactory, the Contractor
shall remove the coat (s) as necessary and repaint at no additional cost to
the Owner.
COLORS:
Where two field coats or more are required by these specifications, the colors
shown in this section shall be used for all except the final coat. Final paint
shades must be approved after application of the initial coats and before the
application of the final coat. Selected colors for the project are from the
Tnemec and Induron color books. Trim shall be finished same as wall colors. A
color schedule complete with color chips shall be submitted for approval.
Exterior Work:
Cast iron MH frames, covers, and grates
Electrical Equipment
Valves, valve operators and
floor stands, and stem guides
Piping
Prestressed Concrete Tank
Black
Al uminum
Color Code
Color Code
Off White
Interior Work (General):
Piping
Valves - to match Pipe Color Code
Walls
Color Code
Color Selection by
Owner
Ceilings
Color Selection by
Owner
Pipe Rails
Ductwork, Doors and Trim
Al uminum
Color Selection by
Owner
EXPOSED PIPE PAINTING:
Identification painting shall be provided for all piping. Names and flow
arrows shall be stenciled on all interior piping in an appropriate contrasting
color.
0603-01 T09 Painting and Finishing.doc
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SECTION T9
PAINTING AND FINISHING
Name of Item
Color
Potable Water Piping
Non-Potable Water Piping
Mechanical Equipment
Electrical Duct Banks
Blue
Dark Blue
Machine Gray
Red
Battleship Gray
Raw Sewage Piping
CLEAN UP:
The work area shall be kept free from surplus materials, dirt and rubbish at
all times. After completion of the work, all paint spots or other marks shall
be removed from floors, walls, doors, and windows, etc. All exposed metal work,
and glass shall be carefully cleaned and the work area left clean. All cloths
and waste that might constitute a fire hazard shall be placed in closed metal
containers or destroyed at the end of each day. Upon completion of the work,
all staging, scaffolding, and containers shall be removed from the site
and/or destroyed in an approved and legal manner.
DAMAGED COATINGS:
Damaged coatings, pinholes, and holidays shall have edges feathered and
repaired in accordance with the recommendations of the manufacturer, as
approved by the Engineer. All finish coats, including touch up and damage-
repair coats shall be applied in a manner which will present a uniform
texture and color-match appearance.
UNSATISFACTORY APPLICATION:
If the item has an improper finish, color, or insufficient film thickness,
the surface shall be cleaned and topcoated with the specified material to
obtain the specified color and coverage. Specific surface preparation
information to be secured from the coatings manufacturer and the Engineer.
All visible areas of chipped, peeled, or abraded paint shall be hand or
power-sanded, feathering the edges. The areas shall then be primed and
finish coated in accordance with the specifications. Work shall be free of
runs, bridges, shiners, laps, or other imperfections. Evidence of these
conditions shall be cause for rejection. Any defects in the coating system
shall be repaired by the Contractor per written recommendations of the
coating manufacturer and approved by the engineer.
PAYMENT:
Payment for all items covered by this section of the specifications shall be
paid in accordance with the bid item list. No other separate payment will be
made for the work by this section of the specifications and all costs in
connection therewith shall be included in the appropriate lump sum or unit
price in the bid list. All work not directly listed in the bid list shall be
considered a subsidiary obligation of the Contractor.
0603-01 T09 Painting and Finishing.doc
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SECTION T17
INSTRUMENTATION
SCOPE:
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The work
furnishing
indicated,
system.
covered by this section of the specifications consists of
a flow meter with appurtenant equipment and accessories as
specified, and as necessary for a complete and proper operating
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Work includes, but is not necessarily limited to, the following:
All engineering, hardware and software development, installation, startup,
calibration services and supervision necessary.
Testing and operational demonstrations as specified.
Training programs as specified.
Preparation of instruction manuals.
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Related work:
Documents affecting work of this Section include, but are not necessarily
limited to, General Specifications, Special Provisions, and all other
related Sections.
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SUBMITTALS:
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Product Data:
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Provide six (6) copies of component manufacturing
pertinent data and identifying each component
nomenclature as indicated on the drawings and in the
data sheet indicating
by item number and
specifications.
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Component drawing showing dimensions, mounting and external connection
details.
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System wiring schematics,
of operation. Component
indicated above.
each on a single drawing with full description
identification on the schematic shall be as
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Operation and Maintenance manuals:
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Provide six (6) copies of operating instructions shall incorporate a
functional description of the entire system, including the system
schematics which reflect ~as-built" modifications.
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Special maintenance requirements particular to the system shall be clearly
defined along with special calibration and test procedures.
Changes to Documents:
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Provide to Engineer for approval any changes, additions, corrections, etc.
required to the Bid Documents that are needed to accommodate the system
being proposed. The changes, additions, corrections, etc. shall be at the
Contractor's expense and shall be included in his Bid.
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SECTION T17
INSTRUMENTATION
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PRODUCT DELIVERY, HANDLING AND STORAGE:
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Schedule the delivery of the equipment to coordinate with the project
completion schedule.
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Each item of equipment to be tagged with identifying number shown on the
Shop Drawings.
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Contractor's attention is directed to the fact that equipment has delicate
components and extreme care shall be taken in handling to ~void internal
and/or external damages.
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Damaged equipment will not be accepted.
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Equipment not for immediate use shall be stored inside a building, with
enclosures under protective coverings and shall be fully protected from
moisture, extreme heat and vibration.
WARRANTY:
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Systems supplier shall furnish a hardware and software maintenance
contract for the computer system, providing for an 8-hour response time in
normal working hours, five days per week for the length of the warranty
period.
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For any service visit during this period, provide
with a written report stating the reason for
recommendations to prevent recurrence.
the Owner and Engineer
equipment failure and
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At the end of this period, the maintenance contract shall be made
available for transfer to the Owner.
PRODUCTS:
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Magnetic Flow Meters and Converters: One 20" water flow meters shall be
furnished for installation by piping where indicated on the drawings.
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The floWIneters shall operate on electromagnetic induction principle and
give and output signal directly proportional to the liquid rate of flow.
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Each meter shall have a stainless steel metering tube and a non-conductive
liner suitable for the liquid being metered. End connections shall be
steel flanged. ANSI Class 150#. The housing shall be epoxy coated steel
and welded at all joints. Bolted coil enclosures shall not be acceptable.
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The field coils of the meter shall be supplied with a precisely adjusted
bi-polar direct current.
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There shall be no electronic components on the primary flow head. Coil
drive power shall be supplied by an integral or remote signal converter.
Output signal from the primary shall be fed through 'OS' proprietary cable
supplied with the meter to the signal converter.
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SECTION T17
INSTRUMENTATION
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The meter body shall have a housing rated IP68 for constant submersion in
water.
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Electrode material shall be compatible with the process fluid.
Liner material will be hard rubber.
Meter will have field replaceable electrodes with access parts.
The instrument shall be manufactured in an ISO 9001 approved facility.
The meter shall be provided with corrosion resistant grounding rings.
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Meter calibration shall be performed by a direct volumetric comparison
method. A calibration certificate shall accompany each meter.
Calibration facility shall be certified to .03% accuracy, and be traceable
to national standards.
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The meters shall be Krohne IFS 4000 ENVIROMAG series or equal approved by
the Engineer.
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The magnetic inductive flow converters shall be remote mounted in a NEMA
4X panel at the equipment rack and provide precisely controlled and
regulated, bi-polar DC primary field excitation pulses at a keyed
frequency which is user configurable. It shall convert the primary
flowmeter signal into a standard linear analog output directly
proportional to the flow rate of flow total. The converter shall be
capable of up to (4) inputs. Outputs to be 4-20 IDA DC with HART
superimposed digital signal.
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The signal converter shall be Krohne model Optiflux IF C300 to work with
flowmeters provided.
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Cables as recommended by Krohne and as shown on the drawings shall be
installed to connect the flow meters and converters. The converter shall
display flow in GPM and shall have non-resettable totalizers to display
total flow on demand. The converters shall have a 4-20MA output for
connection to the SCADA system.
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EXECUTION:
SURFACE CONDITIONS:
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Examine the areas and conditions under which work of this Section will be
performed. Correct conditions detrimental to timely and proper completion
of the work. Do not proceed until unsatisfactory conditions are
corrected.
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INSTALLATION:
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Coordinate as required with other trades to assure proper and adequate
provision in the work of those trades for interface with the work of this
Section.
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SECTION T17
INSTRUMENTATION
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Install the work of this Section in strict accordance with the original
design and the manufacturer's recommended installation procedures as
approved by the Engineer, anchoring all components firmly into position
for long life under hard use.
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PAYMENT:
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Payment for all items covered by this section of the specifications shall
be paid in accordance with the bid item list. No other separate payment
will be made for the work by this section of the specifications and all
costs in connection therewith shall be included in the appropriate lump
sum or unit price in the bid list. All work not directly listed in the
bid list shall be considered a subsidiary obligation of the Contractor.
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SECTION T19
GRASSING
SCOPE:
The work covered by this section of the specifications consists of furnishing
all plant, labor, equipment and materials and performing all operations
required to establish a satisfactory cover of grass within the grassing
limits and for all other unpaved areas disturbed by this construction. All
work shall be performed in strict accordance with this section of the
specifications and the applicable drawings and subject to the terms and
conditions of the Contract.
GENERAL:
The grassing operations shall consist of preparation of the soil, including
tillage, liming and fertilizing, seeding, mulching, and watering, and
maintenance and repair of planted areas until a satisfactory grass cover is
obtained and the work is finally accepted.
MATERIALS:
Seed: Slopes of 2 horizontal to 1 vertical and steeper shall be planted with
Korean Lespedeza. All other areas to be grassed shall be seeded with Hulled
Bermuda grass seed. All seed for grassing shall be tested and approved by
the Georgia Department of Agriculture not more than 6 months prior to the
date of sowing and packaged and labeled in accordance with the Georgia Seed
Laws and Rules and Regulations in effect on the date of the Invitation for
Bids. Seed which has become wet or moldy or otherwise damaged prior to the
time of sowing will be rejected.
Agricultural Lime shall be a pulverized limestone having the following
certified chemical and physical properties:
Total Carbonates, not less than 85%
Passing 10-mesh screen, at least 100%
Passing 100-mesh screen, at least 25%
Fertilizer: All fertilizer shall be a dry, free-flowing commercial 10-10-10
fertilizer suitable for application by a fertilizer distributor, grain drill,
planting machine or similar standard equipment. The fertilizer shall be
certified to meet the requirements of Fertilizer Laws of the State of Georgia
in effect on the date of the Invitation for Bids. Any fertilizer which
becomes caked or otherwise damaged prior to the time of use will be rejected.
Mulch: Any of the mulch materials, consisting of forest litter, hay, straw,
hulls of cotton balls or peanuts, ground corncobs, stalks of corn, cane,
potato vines, tobacco or other stems, or peat, which are permitted under
Standard Specifications of the State Highway Department of Georgia will be
acceptable provided they are properly shredded or ground. Mulch materials
which contain seeds of species of weeds or plants which would germinate and
be harmful to the proposed planting will not be accepted. Before collection
of mulch material is begun or delivery is made, the Contractor shall submit
samples for approval. Only approved mulch from approved . sources will be
accepted.
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SECTION T19
GRASSING
Water for use in connection with the grassing operation may be purchased from
the utility System, or obtained from any other approved source. Such water
shall be free of excess chlorine, or other chemicals or substances harmful to
plant growth.
GROUND PREPARATION:
Prior to preparing the ground for grassing operations, all weeds, brush and
other vegetation in the areas to be planted which has not been removed during
clearing and grubbing and grading operations shall be removed from the site.
All irregularities in the surface shall be smoothed out and all roots, stone
and other foreign material to tillage, planting and proper growth and
maintenance of the grass shall be removed. In all areas where the topsoil
has been removed during grading operations, the topsoil which has been
stockpiled shall be returned and evenly distributed over these areas.
Objectionable foreign materials contained in the topsoil shall also be
removed as the topsoil is distributed. Herbicides used for weed control
shall conform to SC-13.
LIMING AND FERTILIZING:
After the areas to be seeded have been brought to finished grade,
agricultural lime and fertilizer conforming to the requirements of this
specification shall be uniformly distributed over the areas, lime at the rate
of one ton per acre and, fertilizer at the rate of 1000 pounds per acre. In
areas where mechanical spreaders cannot be used, the lime and fertilizer may
be applied by hand methods. The lime and fertilizer shall not be applied
when the wind makes it difficult to obtain satisfactory distribution.
TILLAGE:
The lime and fertilizer shall be thoroughly and uniformly mixed with the soil
to a depth of approximately 3" by plowing, discing and harrowing until the
soil is friable and well pulverized. Hand tillage will be required in all
areas where mechanical equipment cannot be operated.
SEEDING:
Hulled Bermuda grass seed conforming to the requirements of this
specification shall be uniformly sown by approved mechanical power drawn
drills or seeders or, in small areas, by mechanical hand seeders, at the rate
of 40 pounds per acre; Lespedeza at 75 pounds per acre. The seeds shall be
covered and compacted to a depth of l/S to 1/2 inch by means of a cultipacker
and an empty traffic roller or another roller weighing less than 3 tons.
Broadcast seeding shall not be done when the wind makes it difficult to get
satisfactory distribution. The Bermuda grass seed shall not be planted prior
to April 15 or after September 15. Seed shall not be sown unless the soil
has the optimum moisture content or more through a depth of at least 3
inches.
WATERING:
After the seeds have been sown, the moisture content of the soil will be
tested. If there is not enough moisture in the soil to insure germination
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SECTION T19
GRASSING
and adequate plant growth, water shall be applied by sprinkling until an
adequate moisture content has been reached. In the absence of adequate
rainfall during the germination and early growth period, the Contractor will
be required to maintain the required adequate moisture content of the soil by
periodic sprinkling operations.
MULCHING:
Mulching of seeded areas will not be required but may be employed at the
option of the Contractor as an aid in reducing' erosion and conserving soil
moisture. If employed, the mulch shall conform to the requirements of this
specification. The rate of application of the mulch depends on the texture
of the mulch. The proper application will allow some sunlight to penetrate
and air to circulate, at the same time shading the ground. If desired,
immediately after the mulch is spread, the material may be anchored to the
soil by a cultipacker, disc harrow, or other suitable equipment.
ESTABLISHMENT AND MAINTENANCE:
The Contractor is responsible for providing a satisfactory stand of living
seeded grass in which gaps larger than 12 inches do not occur at the time of
acceptance of the project. Any areas which fail to show a uniform stand for
any reason whatsoever, shall be reseeded with Hulled Bermuda seed, and such
reseeding shall be repeated until acceptance by the Engineer. The Contractor
shall properly water, mow and. otherwise maintain all planted areas and any
damage resulting from erosion, washing or other causes, shall be repaired by
fill topsoil, tamping, refertilizing and reseeding at no additional expense
to the Owner, if such damage occurs prior to acceptance of the project.
GRASSING TO CONTROL EROSION:
In the event completion of grading operations of areas to be planted extends
beyond the specified grassing periods, grassing must be postponed until the
following spring season. The Contractor will be permitted to seed such areas
with Rye grass at his own expense, or by mulching shall control erosion of
the graded areas. All mowing and maintenance operations during the fall and
winter seasons will be the obligation of the Contractor. Erosion must be
controlled by acceptable methods to prevent damage to the Owner's property or
to adjacent property owners, and to limit migration of silt to the streams.
GRASSING TABLE
Permanent Cover:
Fertilizer: 5-10-10; 1800 lbs. per acre
Agricultural Lime: 2 tons per acre
Mulch: 2-1/2 tons mulch hay per acre
On slopes 3:1 or less:
Hulled Common Bermuda 10 lb/ac 2/15
Tall Fescue 50 lb/ac 6/15 - 10/15
Un-hulled Common Burmuda 10 lb/ac
Annual Rye Grass 40 lb/ac
- 6/15 OR,
OR,
10/15 - 2/15
AND,
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SECTION T19
GRASSING
On slopes greater than 3:1: In addition to the. above, add:
Interstate Lespedeza (scarified)
Interstate Lespedeza (unscarified)
60 lb/ac
75 lb/ac
3/1-7/31
S/1-2/29
OR,
Temporary Cover:
Fertilizer: 10-10-10; 500 lbs. per acre
Agricultural Lime: 1000 lbs. per acre
Mulch: As Needed
PAYMENT:
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Payment for all items covered by this section of the specifications shall be
paid in accordance with the bid item list. No other separate payment will be
made for the work by this section of the specifications and all costs in
connection therewith shall be included in the appropriate lump sum or unit
price in the bid list. All work not directly listed in the bid list shall be
considered a subsidiary obligation of the Contractor.
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