HomeMy WebLinkAboutContract Document For Vassar Drive
Augusta Richmond GA
DOCUMENT NAME: Lo'r'\\-'fCtc-\- '~\...LY"'<l~nl-S ~OY" Va...S<2>O-Y \)\'"\v'z..
DOCUMENT TYPE: Con -Tr-a.c-Ts
YEAR: ~\
BOX NUMBER: \"3
FILE NUMBER: \ 5lJ)~ L
NUMBER OF PAGES:
\[51
10/4/2001 1:45 PM
9,17068681855
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ACORQ.. CERTIFICATE OF LIABILITY INSURANCE, DATE (MMIODNY)
10/04/2001
PRODUCER (770)246-8300 FAX (770)246-8301 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Sut:t:er, Mclellan & Gilbreat:h, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3861 Holcomb Bridge Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Norcross, GA 30092-2205 INSORERS AFFORDING COVERAGE
INSURED Bl air Constructlon Inc I NSURER A: Transportation Ins. Co.
Rl ai r Propert:ies, llC INSURER B: Valley Forge Ins. Co.
P. O. Box 770 INSURER c' Transcontinental Ins. Co.
Evans, GA 30809 INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT'TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'~M TYPE OF INSURANCE DATE "MMJDDIYVI I POLICY LIMITS
POLICY NUMBER DATE IMMJDOiVYl'
GENERAL LIABILITY ~1035739868 12/31/2000 12/31/2001 EACH OCCURRENCE $ I,OOO,OOC
-
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 50,OOC
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5,00
A PERSONAL & NJV INJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
I n PRO. nLOC
POLICY JECT
~OMOBILE LIABILITY ~1035739871 12/31/2000 12/31/2001 COMBINED SINGLE LIMIT
X fiNY AUTO (Ea accident) . $ I,OOO,OOU
-
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDUlED AUTOS
B -
HIRED AUTOS 80DIL Y INJURY
I-- $
NON-OWNED AUTOS (Per accident)
I-- -
I-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ~Y AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY 1035739885 12/31/2000 12/31/2001 EACH OCCURRENCE $ 5,OOO,OOU
tJ OCCUR 0 CLAIMS MADE AGGREGATE $
A $ 5,OOO,OOC
R DEDUCTIBLE -- - $ -
RETENTI ON $ $
WORKERS COMPENSATION AND WCCI035739854 12/31/2000 12/31/2001 I TORl LIMNs I IUd/(
EMPL.OYERS' L.1AB1L.1TY 500,000
C E.L. EACH ACCIDENT $
E,l, DISEASE - EA EMPLOYEE $ 500,000
EL DISEASE - POLICY LIMIT $ SOO.OOG
OTHER ~1035739868 12/31/2000 12/31/2001 $150,000 limit
leased and/or Rented
A Equipment $1,000 deductible
rP,ESCRlPTlON OF OPERATlONSIlOCATlONSNEHICLESJEXCLUSJONS ADDEO BY ENOORSEMENTISPECIAL PROVISIONS
roject: Vassar Drive Sanitary Sewer Extension
Augusta, GA
Cont ract Amount: $51,592.97
CERTIFICATE HOLDER 1 I ADomONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD AN'( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
,
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAlL
J.O..... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO, THE LEFT,
Augusta-Richmond County Commission BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Room 605 Municipal Building OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Augusta, GA 30911 AUTliORlZEO REPRESENTATIVE l~~~!~~=;!~!;t
Mark Javnes CSP/MARK
,
ACORD 25-S (7/97)
@)ACORD CORPORATION 1988
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TABLE OF CONTENTS
VASSAR DRIVE
SANITARY SEWER EXTENSION
PROJECT NO.: 80100010
SECTION
PAGES
Instruction to Bidders
IB-l thru IB-4
Special Conditions
SP-I thru SP-6
Agreement
A-I thru A-3
General Conditions
I thru 52
Supplementary Conditions
SC-I
Technical Specifications
TS-l thru TS-30
Site Work
Excavation, Filling & Backfilling
. Concrete
Sanitary Sewers and Appurtenances
Grassing
TS-I
TS-5 '
TS-ll
TS-13
TS-28
Proposal
P-I thru P-3
Bid Bond, Payment Pond, Performance Bond
N/A
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SECTION IB
INSTRUCTION,TO BIDDERS
ffi-O 1 GENERAL
ffi-02 EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfY himself as to the nature and location of
the work, the conformation of the ground, the character, quality and quantity of the facilities
needed preliminary to and during the prosecution of the work, the general and local conditions,
and all other matters which can in any way affect the work or the cost thereof under the contract.
No oral agreement or conversation with any 'officer, agent, or employee of the owner, either
before or after the execution of the contract, shall affect or modifY any of the terms or obligations
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ffi-03 ADDENDA AND INTERPRETATION
No interpretation of the meaning of plans, specifications or other prebid documents will be
made to any bidder orally.
Every request for such interpretation should be in writing addressed to the Geri A. Sams,
Augusta-Richmond County Purchasing Department, 530 Greene Street - Room 605, Augusta,
GA30911, given consideration must be received at least five days prior to the date fixed for the
opening of bids. Any and all such interpretations and any supplemental instructions will be in the
form of written addenda to the specifications which, if issued, will be sent by certified mail with
return receipt requested to all prospective bidders (at the respective addresses furnished for such
purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any
bidder to receive any such addendum or interpretation shall not relieve such bidder from any
obligation under his bid as submitted. All addenda so issued shall become part of the Contract
Documents.
ffi-04 PREPARATION OF BIDS
Bids shall be submitted on the fOrins,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.
Alternative bids' will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already submitted will be
allowed if submitted by telegraph prior to the time fixed in theInvi~ation for Bids. Modifications
shall be submitt~d as such, and shall not reveal the total anlount of either the original or revised
bids. ,
Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids
. of corporations will be sigriedby an officer of the firm and his signature attested by the secretary
thereof who will affix the corporate seal to the proposal. .
NOTE:
A 10% Bid Bond is required in all cases.
lB-05 BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended, which will include and
cover the furnishing of all material and the performance of all labor requisite or proper, and
completing of all the work called for under the accompanying contract, and in the manner set
forth and described in the specifications.
Where estimated quantities are included in certain items of the proposal, they are for the
purpose of comparing bids. While they are believed to be close approximations, they are not
guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of
error in extension of prices in a proposal~ unit bid prices shall govern.
18-06 BIDDER'S QUALIFICATIONS
No proposal will be received from any bidder unless he can present satisfactory evidence
that he is skilled in work of a similar nature to that covered by the contract an~ 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,quali:fications. The o~er may make such investigations as are deemed
necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to
him all such additional informatIon and data for this purpose as may be requested. The Owner
reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him
fails to satisfy the owner that such bidder is properly quali:fied to carry out the obligations of the
contract and to complete the work contemplated therein. Part of the evidence required above
shall consist of a list of the names and addresses of not less than five. (5) firms or corporations for
which the bidder has done similar work.
IB-2
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ill-07 PERFORMANCE BOND '
At the time of entering into the contract, the Contractor shall give bond to the Owner for
the use of the Owner and all persons doing work or furnishing skill; tools, machinery or materials
under or for the purpose of such contract, conditional forthe payment as th'ey 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.
ill-08 REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as soon as
practicable, provid,ed 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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MINORITY AND ECONOMICALLY DISADVANTAGED BUSJNESS SUPPORT
It is the intent of the Augusta~Richmond County Commission to increase the involvement of
qualified minority and economically disadvantaged businesses in the contracted work of County
Government.
In an effort to support this intention, this project is offered to aU qualified firms. ,The bids will
be evaluated based on qualifications, price and construction time. With all other items being
considered equal, the contract, if awarded will be awarded to a minority and economically
disadvantaged firm or a :firm that has included such firms as subcontractors on'this project.
The bidders shall include With their bid a statement of qualification for themselves and/or any
qualified subcontractors explaining why they, should be considered a minority or economically
disadvantaged firm. If the firm does not fall into this category, no information is necessary.
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SPECIAL CONDITIONS
1. SCOPE:
This project covers the installation of 8" sanitary sewer and appurtenances on Vassar Drive from
Aumo~d Road to an existing manhole at Lancaster Road in accordance with the attached plans
and these specifications. The contractor shall supply all materials, equipment, labor, supplies and
supervision necessary to properly complete this project as specified. The contractor is responsible
for obtaining all permits and licenses, paying all fees and complying with all local, state and federal
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reqUIrements.
2. SPECIFICATIONS:
This project is based on and shall be constructed in accordance with the State of Georgia
Department of Transportation Standard Specifications for Construction of Roads and Bridges,
1993 Edition, the Augusta Utilities Standard Specifications, OSHA requirements and the attached
specifications. All of these specifications shall be considered as though fully contained herein. In
all cases where conflicts arise within these specifications, they will be revised to resolve such
conflict. Until the conflict is resolved, the adherence to the apPlication of the stricter of the
specifications shall control the situation.
3. DETAILS:
Standard drawings of Georgia Department of Transportation and Augusta Utilities will be used
for all detail work unless otherwise specified.
4. RIGHT OF WAY:
The contractor shall not perform any work outside the limits of the right of way except where
specific easements are shown. In addition, no equipment or material shall be placed outside the
right of way without written permission of the property owner and the Engineer's Representative.
5. DESIGN ALTERNATIONS:
The County recognizes that various changes in design, along with added detail drawings may be
made as the project progresses. Any requests for additional payment will be processed based on
actual work in place and the unit prices submitted as a part of this bid. Items not covered shall be
priced separately and no work will be done on these items until approved, in writing by the
County's authorized representative. .
6. DRIVEWAYS:
All driveways shall be repaired in kind. For asphalt driveways, the contractor shall resurface the
driveway from the edge of pavement to the end of the asphalt or the right of way line whichever is
shorter.
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7. PIPE:
The installation of the pipe shall include all excavation, materials, placement, fittings, connections,
backfill, testing and acceptance. Corrosion control for the pipe shall be included in the unit price.
Connection to the existing lines shall be completed with minimum interruption in service. The
contractor shall coordinate all service interruptions with the owner 48 hours in advance of the
interruption.
8. PRECONSTRUCTION:
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A pre-construction meeting will be held to discuss the procedures to be followed. Date and time
of this meeting will be set after award of the bid.
9. ROAD CROSSINGS:
The road crossings are intended to be open cut. The Contractor shall comply with all conditions
of the utility encroachment permit from the Augusta Department of Public Works before
beginning construction.
10. EXCESS MATERIAL:
All'excess material is tobe disposed of as directed by the Engineer. No excess material shall be
placed within 150' of a drainage crossing without specific authorization, in writing.
11. FINISHING AND DRESSING:
,All unpaved and natural areas which are disturbed by the construction of this project are to be
returned to the pre-existing shape and slope and then finished and dressed. No separate payment
will be made for grassing, fertilizing and mulching of disturbed areas.
12. FOUNDATION AND BACKFILL, TYPE I:
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No separate pay
item will be made for this material or its placement.
13. TRENCHING:
This project calls for installation of pipe by the open-cut or trenching method parallel and
perpendicular to the flow of traffic. The work shall be so scheduled that not more than 500 feet of
trench shall be open at one time. The contractor is cautioned to use proper and safe construction
methods in construction of this project. The Contractor is held fully responsible for the safe
prosecution of the work at all times.
SP-2
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14. LUMP SUM CONSTRUCTION:
Lump sum construction includes, but is not limited to, removal and replacement of mail boxes,
fences, walls, driveways, trees and shrubbery, as well as traffic control and project coordination,
with all agencies and individuals.
15. OPERATION AND STORAGEAREAS:
The location of all operations of the Contractor (including storage of materials) shall be
approved by ~he OWNER.
16. COORDINATION OF WORK WITH OWNER:
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The Contractor shall coordinate and schedule his work such that no conflict will exist with the
Owner in the operation of his facilities.
17. CONTRACT DOCUMENTS AND DRAWINGS:
Drawings: The Engineer will furnish to the Contractor, free of charge, 6 copies ofthe drawings
,and specifications for the executio~ of the work. Location of all features of the work included in
the contract are indicated on the contract drawings. The drawings listed' on the cover sheet
comprise the plans for this contract.
18. 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.
19. 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 begiris 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 b@
restored to the original or better condition in which they were discovered. '
SP-3
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Should a conflict arise as a result of an underground utility not shown on the plans, the Contractor
shall notify the Augusta Utilities Project Inspector prior to installing the new pipe.
20. 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
I.cept open and clear at all times and no excavated material or equipment will be placed on
pavement dupng construction.
The Contractor shall provide all temporary traffic control devices needed to safely direct traffic
through the construction area. The C<?ntractor shall replace all signs that may be moved as a result
of the construction.
All temporary traffic control devices are to be placed in accordance with GA. D.O.T. Standards
and Specifications.
The Contractor shall so conduct his operations that there will be a minimum of interference with
or interruption of traffic upon and along the highway. This applies to the initial installation and the
continuing maintenance and operation of the facility. At least one-way, alternating traffic shall be
maintained at all times unless approved otherwise by the Engineer. As a minimum, the contractor
must comply with the manual on Uniform Traffic Control Devices, current edition and Georgia
Standard 9102.
21. 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 Georgia Power Company. The Contractor shall make suitable arrangements
to provide fuel for temporary heating and/or other construction operations as necessary.
The Contractor's atfention is directed to the probability of encountering public and private utility
installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas
,and underground telephone cables that either are obstructions to the prosecution of the work and
need to be moved out of the way or, i(not, must be properly protected during construction. No
separate payment will be made for this work. "
22. ESTIMATE OF QUANTITIES:
Estimated quantities of work to be done arid 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 C,ontract shall, in no way, invalidate this Contract, nor shall any such
variation give cause for claims or liability for damages.
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Measurement and payment shall be made in accordance with the Standard Specifications on a unit
price basis. The quantities included in the schedule of items are approximate and subject to
change. All, changes will be made at the unit price, as bid.
23. 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. The Contractor shall maintain a benchmark
on site. At each structure, a physical check of installed inverts and/or floor elevations shall be
made and thel elevations recorded and furnished to the Engineer.
24. DIMENSIONS:
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 therefor.
25. 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 of1975, shall apply as though fully set forth
therein.
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 TI, Site
work and Section T8, Grassing. .
26. 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 (pL91-596) and
under Sec. 107 of the Contract Work Hours and Safety standards Act (pLSI-54).
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The Contractor shall comply with all local state and federal requirements for the safe prosecution
of the work. Special measures shall be taken to protect the property owners, their guests, children
and pets.
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27. SUB-SURFACE lNVESTIGATION:
A soils investigation is not available for this site.
28. REQUIRED NOTIFICATION:
The Contractor shall notify t~e Owner by calling 312-4142 (leave a message if no one answers).
This notification shall be 24 hours before starting construction.
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29. SUBSTITUTIONS:
Notwithstanding any provision of the general conditions, there shall be no substitution of
materials that are not determined to be equivalent to those indicated, or required in the contract
documents without an amendment to,the contract.
SP-6
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AGREEMENT
THIS AGREEMENT, made on the 24th day of September, 2001, by and between AUGUSTA,
GEORGIA, BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY
COMMISSION, party of the first pari, hereinafter called the OWNER, and BLAIR
CONSTRUCTION, INC., party ofthe second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor'and the Owner, for the considerations hereinafter
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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:
VASSAR DRIVE SANITARY SEWER EXTENSION
PROJECT #: 80100010
and in accordance with the requirements and provisions of the Contract Documents as defined in
the General and Special Conditions hereto attached, which are hereby made a part of this
agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
, The work to be performed under this Contract shall be commenced within 10 calendar
days after the date of written notice by the owner or the Contractor to proceed. All work shall be
completed within ~calendar days with all such extensions oftime as are provided for in the
General Conditions.
It is hereby understood and mutually agreed, by and between the Contractor and the
Owner, that the date of beginning, rate of progress and the time for completion of the work to be
done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said
work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will
ensure full completion thereof within the time specified. It is expressly understood and agreed by
and between the Contractor and the Owner, that the time for completion of the work described
herein is a reasonable time for completion of the same, taking into consideration the average
climatic'range and construction conditions prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE
THE WORK WITlllN THE TIME HEREIN SPECIFIED, then the Contractor does hereby
agree, as a part of the consideration the awarding of this contract, to pay the Owner the sum of
One Hundred and no/lOOts ($100.00) Dollars, not as a penalty, but 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
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The said amount is fixed and agreed upon by and between the Contractor and the Owner
because of the impracticability and extreme difficulty offixing 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 tinle is of the essence of each and every portion of this Contract
and the specifications wherein a definite portion and certain length of time is fixed for the
additionaltirrie is allowed for the completion of any work, the new time limit fixed by extension
shall be the essence of this contract.
ARTICLE rrl- 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 ofItems: No variations shall be made in theamount 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 an estimate covering the percentage of the total amount of the Contract which has been
completed from the start of the job up to and including the last working day of the preceding
month, together with such supporting evidence as may be required by the Owner and/or the
Engineer. This estimate shall include only the 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 ofthe estimate on
units accepted in place. The 10% retained percentage may be held by the owner until the final
completion arid acceptance of all work under the Contract.
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(A) Upon receipt of written notice that the work is ready for final inspection acceptance, the
Engineer shall within 10 days 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
Engineer that all p~yrolls, material bills, and other indebtedness connected with work have been
paid, except that in case of disputed indebtedness of liens of evidence of payment of all such
disputed amounts when adjudicated in cases where such payment has not already been guaranteed
by surety bond.
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(C) The making and acceptance of the final payment, shall constitute a waiver of all claims by
the Owner, other than those arising,fromunsettled liens, from faulty work appearing within 18
months after final payment, from requirements of the specifications, or from manufacturer's
guarantees. It shall also constitute a waiver of all claims by the Contractor except those
previously made and still unsettled"
(D) If after the work has been substantially completed, full completion thereof is materially
delayed through no fault ofthe Contractor, and the Engineer, 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 fin~l 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 ~h Shall be deemed an original, in the year and day first mentioned
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Septembec- 19, 2000
'GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the
meanings indicated which are applicable to both the singular and plural thereof: '
Addenda-Any changes, revisions of clarifications, of the Contract DocumentS'which,have been duly issued by
COUNTY t9 prospective Bidders prior to the time of opening of Bids.
Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed:
other Contract Documents are attached to the Agreement and made a part thereof as provided therein.
Application for Payment-The form accepted by PROFESSIONAL which is to be used by CONTRACTOR in
requesting progress or final payments and which is to include such supporting documentation as is required
by the Contract Documents. .
Bid- The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work
to be performed.
Bonds-Bid, performance and payment bonds arid 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 Agreenient,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 Cha~ge Order duly delivered after
execution of Contract. together with all amendments, modifications and supplements issued pursuant to
paragraphs 3.4 and 3.5 or after the Effective Date of the Agreement.
Contract Price- The moneys payable'by OWNER to CONTRACTOR under the Contract Documents as stated
in the Agreement (subject to the provisions ofpa'ragraph 11.9.1 in the case of Unit Price Work).
Contract Time-The number of days (computed as provided in paragraph 17,2) or the date stated in the
Agreement for the completion of the Work., .
CONTRACTOR-The person, firmor corporation with whom OWNER has entered into the Agreement.
COUN7Y-Richmond County, Georgia, or Augusta, Georgia, political subdivisions of the State of Georgia, the
Augusta-Richmond County Commis~ion, and its authorized designees, agents, or employees.
, ,
Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a
legal holiday that day will be omitted from the computation, Legal Holidays: New Year's Day, Martin Luther King
Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and
Christmas Day. ,
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September 19, 2000
. . ,: . j "
Defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or
deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the Contract Documents, or has been -damaged prior to
PROFESSIONAL's recommendation of 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 i~ indicated it means the date on which the Agreement is signed by the Mayor of the Augusta,
Georgia.
Field Order-A written order issued by PROFESSIONAL that modifies Drawings and Specifications, but which
does not involve a change hi the Contract Price or the Contract Time. '
General Requirements-Sections of Division I of the Specifications.
Laws and Regulations: Laws or Regulations-Laws. rules, regulations, ordinances, codes and/or orders.
Notice of Award- The written notice by OWNER to the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to PROFESSIONAL) fIXing
the date on which the Contract Time will commence to run and on which CONTRACTOR shall startlo perform
CONTRACTOR'S obligations under the Contract Documents.
OWNER- Augusta, Georgia, and the Augusta-Richmond County Commission.
, .
Partial UtiJization-Placinga portion of the Work in service for the purpose for which it is intended for a related
,purpose) before reaching Substantial Completion for all the Work.
Professional-The ArchitecturallEngineering firm or indMdual or in-house licensed person designated to perform
the design andlor resident engineer services for the Work.
Project-The,total construction of which the Workto 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 ch~rge, serving COUNTY with architectural or engineering services, his
successor, or any other person or persons, employed by said COUNTY, for the' purpose of directing or having
in charge the work embraced in this Contract.
Resident Project Representative- The authc;>rized representative of PROFESSIONAL who is assigned to the site
or any part thereof.
Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared
by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard \
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Septelllbu 19. 2000
schedules. perfoimance 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.
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Substantial ,Completio~ 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 ContractDocuments 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 incorporati"g materials and equipment into the construction, and furnishing documents, all as
required by the Contract Documents.
Work Directive Change-A written djrective to CONTRACTOR, issued on or after the Effe'ctive Date of the
Agreement and signed by OWNER and recommended by PROFESSIONAL. ordering an addition, deletion or
revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to
be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive
. Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that
the change directed or documented bya Work Directive Change will be incorporated in a'subsequently issued
Change Order folloWing negotiations by the parties as to its effect, if any. on th,e Contract Price or Contract Time
as provided in Article 10. ' .
Written Amendment-A written amendment ofthe Contract Documents, signed by OWNER and CONTRACTOR
on or after the, Effective Date of the Agreement'and normally dealing with the non-engineering or nontechnical
rather than strictly Work-related aspects of the Contract Documents.
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Septud)U' 19, 2000
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 shall furnish CONTRACTOR, at no cost, one (1)
complete set of the Contract Documents for execution of the work. Additional sets of the project manual and
drawings and/or indMdual 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
forpririting 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 tim~ 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 PRO'FESSIONAL any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from PROFESSIONAL before proceeding with any Work affected thereby. CONTRACTOR shall
be liable to .oWNER for failure, to report any conflict, effort, ambiguity or discrepancy in the Contract
Documents, if CONTRACTOR knew or reasonably should have known thereof. "
2.6. Within ten days after the Effective Date of the Agreement unless otherwise specified in the General
Requirements), CONTRACTOR shall'submit to PROFESSIONAL AND PROJECT MANAGER for review:
2.6.1. an estimated progress schedule indicating the starting and completion dates of the various
stages of the Work:
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 duringcOl'1struction. 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 submissio,n. ' '
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September 19, 2000
2.7. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to
each additional insured identified in the Supplementary Conditions, an original policy or certified copies of each
insurance policy (and other evidence of insurance which COUNTY may reasonably request) which
CONTRACTOR is required to purchase and maintain in accordance with Article 5.
Pre-constrilction Conference:
2.8. Before any Work at the site is started, a conference attended by CONTRACTOR, Project
Manager, Professional and others as appropriate will be held to establish a working understanding among the
parties as to the Work and to discuss the schedules referred to in 2.6, procedures for handling Shop Drawings
and other sj..lbmittals, processing applications for payment and maintaining required records. '
Finalizing Schedules:
2.9. At least ten days before submission of the first Application for Payment a conference attended by
CONTRACTOR, PROFESSIONAL and Project Manager and others as appropriate will be held to finalize the
schedules submitted in accordance with paragraph 2.6. CONTRACTOR shall have an additional ten (10)
calendar days to make corrections and adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to
Project Manager and PROFESSIONAL as provided below. The finalized progress schedule will be acceptable.
to Project Manager and PROFESSIONAL as providing an orderly progression of the Work to completion within
any specified Milestones and the Contract Time, but such acceptance will neither impose on PROFESSIONAL
responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve
CONTRACTOR from full responsibility therefor, The finalized schedule of Shop Drawing submissions and
Sample' submissions will be acceptable to PROFESSIONAL as providing a workable arrangement for reviewing
and processing the submissions. CONTRACTOR's schedule of values shall be approved by PROFESSIONAL
as to form and substance.
CONTRACTOR, in addition to preparing an initially acceptable schedule, shall be responsible for
maintaining the schedule, including updating schedule. Schedule updates shall include progression of work
as compared to scheduled progress on work. Schedule updates shall accompany each pay request.
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Septembu 19. 200D
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 I;)ocuments are complementary: what is called for by one is as binding as
if called forby all. The Contract Documents will be construed in accordance with the law of the State of
Georgia. 'i
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 DO,cuments. Any Work, materials or equipment that
may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being
Jequired to produce the intended resultwill be supplied whether or not specifically called for. When words or
phrases which have a well-known technical or construction industry or trade meaning are used to describe
Work,'materials or equipment, such words shall be interpreted in accordance with that meaning.
3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by
amendment or supplement thereto issued by one. of the methods indicated in 3.60r 3.7, the provisionsofthe
Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between
the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code
or instruction (whether or not specifically incorporated by reference in the Contract Documents)and the
provisions of any such Laws or Regulations application to the performance of the Work (unless such an
interpretation of the provisions ofthe Contract Documents would result in violation of such Law or Regulation).
Clarifications and interpretations of,the Contract Documents shall be issued by PROFESSIONAL as provided
in paragraph 9.4.
, 3.4. Reference to standards,specifications, manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific
or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect
at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may
be otherWise specifically stated in the Contract Documents.
3.5. If, duringthe performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity
or discrepancy within the Contract Documents or between the Contract Documents and any provision of any
such Law or Regulation applicable-to the performance of the Work or of any such standard, specification,
manual or code or of any instruction of any Supplier referred to in 6.7, CONTRACTOR shall so report to
PROFESSIONAL in writing at once and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from PROFESSIONAL; however, CONTRACTOR shall not be liable to OWNER
or PROFESSIONAL for failure to report any conflict, error ambiguity or discrepancy in the Contract Documents
unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof.
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 (pursuantto paragraph 10.3), or.
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Septulber 19, 2000
3.6.3. a Work Directive Change (pursuant to paragraph 10.4).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change
Order or a Written Amendment. .
3.7. In addition. the requirements ,of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized, in one or more of the following ways:
3.7.1. a Field Order (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 certification (pursuant to paragraph 9.4).
Reuse of documents:
3.8. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing any ofthe Work under a direct or indirect contract with OWNER shall have or acquire
any title to or ownerShip rights in any of the Drawings, Specifications or other documents (or copies oil any
thereof) prepared by or bearing the seal of PROFESSIONAL or PROFESSIONAL's consultant; and they shall
not reuse such Drawings; Specifications or other documents (or copies of any thereof) on extensions of the
. Project or any other project without written consent of OWNER and PROFESSIONAL and specific written
verification or adaptation by PROFESSIONAL.
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September 19, 2000
ARTICLE 4-AVAILABILlTY OF LANDS, PHYSICAL
CONDITIONS; REFERENCE POINTS
Availability 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. CO~TRACTOR 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 ofthe 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 COUNTy notice thereof promptly before conditions are disturbed
and in no event later than 48 hours after first observance of the conditions.
4.2.4. The Project Manager and PROFESSIONAL shall promptly investigate such conditions, and, if
they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for,
performance of any part of the Work, the Project Manager and PROFESSIONAL shall recommend an
equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and
PROFESSIONAL determines that the conditions at the Site are not materially different from those indicated in
the Contract Documents or are not materially different from those ordinarily found and that no change in the
terms of the Contract is justified, the PROFESSIONAL shall notify CONTRACTOR of the determination in
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September 19, 2000
writing. The Work shall be performed after direction is provided by the PROFESSIONAL.
Physical Conditions-Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the site is based on information and data
furnished to OWNER or PROFESSIONAL by OWNERs of such Underground Facilities or by others. Unless
, it is otherwis~ 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 ofthe Work with the OWNERs of such
Underground Facilities during construction. for the safety and protection thereof as provided in paragraph 6.20
and repairing any damage thereto resulting ,from the Work, the cost of all of which will be considered as having
been included in the Contract Price.
4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous
to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not
reasonably have been expected to be aware of, CONTRACTOR shall,promptly after becoming aware thereof
and before performing any Work affected thereby except in an emergency as permitted by paragraph 6.22),
identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER
and PROFESSIONAL. PROFESSIONAL will promptly review the Underground Facility to determine he extent
to which the Contract Documents should be modified to reflect and document the consequences of the
existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the
extent necessary. During such time, 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 Con-
tract Price or an extension of the Contract Time, or both, to the extentthat 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 destroy-ed. 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:
4.5 COUNTY shall be responsible fo~ any Asbestos, PCBs, Petroleum, Haiardous Waste or
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Septelllber 19. 2000
Radioactive Material uncovered or revealed at the site which was. not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in connection with the Work at the site.
, COUNTY shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor,
Suppliers or anyone else for whom CONTRACTOR is responsible. .
4.6 CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition
and in any area affected thereby (except ih an emergency as required by 6.22), and 00 notify OWNER and
PROFESSIONAL (and th~reafter 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 0) specifying that such condition
and any affected area is or has been,rendered safe for the resumption of Work, or Oi) 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
conditjons, then CONTRACTOR may order such portion of the Work that is in connection with such hazardous
conditions or in such affected area to be deleted from the Work. If COUNTY and CONTRACTOR cannot agree
as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a
result of deleting such portion of the Work, then either party lTIay make a claim therefor as provided in Articles
11 and 12. COUNTY may have such deleted portion of the Work performed by COUNTY's own forces or
. others in accordance with Article 8.
4.7.1 The provisions of-4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum,
Hazardous Waste or Radioactive Material uncovered or revealed at the site.
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September 19, 2000
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal
to the Contract Price as Security for the faithful performance and payment of all CONTRACTOR's obligations
under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when
final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the forms prescribed by Law or Reputation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended)
by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be
accompanied bya certified copy of the authority to act. '
Licensed Sureties and Insu,rers; Certificates af Insurance.
5.2.1 All bonds and insurance required by the Contract Documents to. be purchased and maintained
by CONTRACTOR shall be abtained from surety ar insurance campanies that are duly licensed ar authorized
in the State of Geargia to issue bands ar insurance policies for the limHs and coverages so required. All bonds
signed by an agent mustbe accompanied by a certified copy of authority to. act. Such surety and insurance
, companies shall also meet such additional requirements and qualificatians as may be provided in the
Supplementary Cor:IC:~itions. '
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 ar any other additianal insured) which
CONTRACTOR is required to purchase and maintain in accordance with 5.3.
, 5:2.3. If the surety on any Bond furnished by CONTRACTOR is deClared a bankrupt ar becomes
insolvent ar Hs right to do. business is terminated in any state where any part af the Project is lacated or it ceases
to. meet the requirements af paragraph 5:1. CONTRACTOR shall within five days thereafter substitute anather
Band and Surety, bath af 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 pravide protectian from
claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of
the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to. be performed
or furnished by CONTRACTOR, by any Subcontractor, by anyane directly or indirectly emplayed by any of them
to perfarm ar furnish any of the Wark, ar by anyane far whase acts any af them may be liable:
5.3.1. Claims under workers' or workmen's compensation. disability benefits and other similar
emplayee benefit acts;
5.3.2. Claims far damages because af badily injury, accupatianal sickness or disease, or death af
CONTRACTOR's emplayees; ,
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September 19, 2000
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;
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5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property whfrever 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 be,cause of bodily injury or death of any person or property damage arising
out of the ownership, maintenance or use of any motor vehicle.
The,insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less
, than the limits of liability and coverages provided in the Supplementary Conditions, or required by law,
whichever is greater. The comprehensive general liability insurance shall include completed operations
insurance. All of the policies of insurance so required to be purchased and maintained lot the certificates or
other evidence thereof) shall contain a provision, or endorsement that the coverage afforded will not be
canceled, materially changed or renewal refused until at least thirty days' prior written notice,has been given
to OWNER, 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 veal thereafter.
Contractual Liabilitylnsurance:
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 consl,Jltants in the Work, all of whom shall
be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage
and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious
mischief, collapse and water damage, and such other perils as may be provided. in the Supplementary
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Conditions, and shall include damages, losses,and expenses arising out of or resulting from any insured loss
or incurred in the repair or replacement of any insured property (including but not limited to fees and charges
of PROFESSIONALs, architects, attorneys and other PROFESSIONALs). If not covered under the "all risk"
insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and
maintain similar property insurance on portions of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for Payment.
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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 interest~ 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 co\(erage 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 arid other property, insurance applicable to the Work, and also waive all such rights against the
Subcontractors, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as insureds in
such policies for losses and damages so caused. As required by paragraph 6.11. each subcontract between
CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of
OWNER, CONTRACTOR, PROFESSIONAL, PROFESSIONAL's consultants and all other parties named as
insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the
. proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued.
5.11.2. OWNER and CONTRACTOR intend that policies provided in response to paragraphs 5.6 and
5.7 shall protect all of the parties insured and provide primary coverage for all 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 recove'ry against any of the parties named
as insureds additional insureds, and if the insurers require' separate waiver forms to be signed by
PROFESSIONAL or PROFESSIONAL's consultant OWNER will obtain the same, and if such waiver forms are
required of any Subcontractor, CONTRACTOR will obtain the same.
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september 19, 2000
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.
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Rec'eipt and Application of Insurance Proceeds
5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one
of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's
exercise of this power. If such objection be made, OWNER as trustee shall make settlement with the insurers
in accordance with such agreement as the parties in interest may reach. If required in willing by any party in
interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper
performance of such duties. .
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance "
required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on
the basis of its not complying with the Contract Documents, OWN,ER 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-
sitatedthereby. The inslirers providing the property insurance shall consent by endorsement on the policy or
policies, but the property insurance shall not be canceled or lapse on account of any such partial use or
occupancy. '
Indemnification
5.16.1. CONTRACTOR shall indemnify and hold harmless COUNTY, ,PROGRAM MANAGER,and its
employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from the performance of its Work, provided that any such
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S.ptemb.r 19, 2000
liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury,sickness, disease or
death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is
caused in, whole or in part by an act or omission of CONTRACTOR, any Subcontractor, anyone directly or
indirectly employed by and of them, or anyone for whose acts any of them may be liable, whether or not it ;s
caused in whole or in part by the negligence or other fault of a party indemnified hereunder.
5.16.2. In any and all claims against COUNTY or any of its agents or 'employees by any employee of
CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not
be limited, inl any way as to the amount or type of damages, compensation, or benefits payable by or for
CONTRAOTORor any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts, or
other employee benefrt acts. "
5.16.3. CONTRACTOR shall indemnify and hold harmless COUNTY and anyone directly or indirectly
employed by it from and against all claims, suits, demands, damages, losses expenses Oncluding attorney's
fees) arising out of any infringement or patent or copyrights held by others and shall defend all such claims in
connection with any alleged infringement of such rights.
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ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
6.1. CONTRACTOR shail 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.
CONTRACrbRshall be responsible to see that the finished Work, complies accurately with the Contract
Documents.
'6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident
superintendent, who shall not be replaced without whiten notice to OWNER and PROFESSIONAL except under
extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall
have aUthority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding
as if given to CONTRACTOR.
Labor. Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the
Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times
maintain good discipline and order at the ~te. Except in connection with the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except as 'otherwis~ indicated in the Contract
Documents, all Work at the site shall be perf<;>rmed 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.
~.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and
assume full responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery" tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities
and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing,
initial operation, and completion of the Work as required by the Contract Documents. . ,
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided m
the Contract Documents. 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 ofthe applicable Supplier except as otherwise, provided in the Contract Documents; but no pro-
vision 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. ' .
Substitutes or'"O,-EqtJa/" Items:
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September 19, 2000
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 jf
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 writtenl application to PROFESSIONAL for acceptance thereof, certifying that the proposed substitute will
perform ad.equately 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
arid 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 thafprovided in paragraph 6.7.1 as applied by PROFESSIONAL and as may be supplemented in the General
Requirements.
6.7.3. PROFESSIONAL will be allowed a reasonable time within which to evaluate each proposed
substitute. PROFESSIONAL will be the sole judge of acceptability and no substitute will be ordered, installed
or utilized without PROFESSIONAL's prior written acceptance which will be evidenced by 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
Oncluding those acceptable to OWNER and PROFESSIONAL as indicated in paragraph 6.8.2). whether initially
or as a substitute, against whom OWNER or PROFESSIONAL may have reasonable objection. CONTRACTOR
shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or
perform any of the Work against whom CONTRACTOR has reasonable objection. '
6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other
persons or organizations including those who are to furnish the principal items of materials and equipment} to
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be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for
acceptance by OWNER and PROFESSIONAL and if CONTRACTOR has submitted a list thereof in accordance
with the Supplementary Conditions, OWNER's or PROFESSIONAL's acceptance (either in writing or by falling
to make written objection thereto by the date indicated for acceptance or objection In the bidding 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 ,n the cost
occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed.
No accepta~ce 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
ofthe 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 arid 5.7. '
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use
in the performance of the Work or the incorporation In the 'Work of any invention, design, process, product or
device which is the subject of patent rights or copyrights held by others. CONTRACTOR Shall indemnify and
hold harmless OWNER and PROFESSIONAL and anyone directly or' indirectly employed by either of them from
and against all claims, damages, losses and expenses including attorneys' fees and court and arbitration costs
arising out of any infringement of patent rights or copyrights incident to the use in the performance or the
Work or resulting from the incorporation in theWork of any invention, design, process, product or device not
specified in the Contract Documents, and sllall defend all such claims in connection with any alleged
infringement of such rights.,
PermitS:
6.13. CONTRACfOR shall o!Jtain 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.AII permit costs shall be includedinthe base bid. Permits, if any that are provided and paid for by
OWNER' are listed in the Supplementary Conditions. Any delays associated with the permitting process will be
considered for time extensions only and no damages or additional compensation for delay will be allowed.
Laws and Regulations:
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6.14.1. CONTRACfOR 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, CONTRACfOR's
compliance with any Laws or Regulations.
6.14.2. If CONTRACfOR observes that any of the Contract Documents are contradictory to sU,ch laws,
rules, and regulations, it will notify the Project Manager promptly in writing. Any necessary changes shall then
be adjusted Py an appropriate Change Order. If CONTRACfOR 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. CONTRACfOR shall pay all sales, consumer, use and other similar taxes required to be paid by
CONTRACfOR in accordance with the Laws and Regulations of the place of the Project which are applicable
during the perfonnance of the Work.
Use of Premises:
6.16. CONTRACfOR 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 pennitted by the
Contract Documents and other land and areas pennitted by Laws'and Regulations, rights-ot-way, pennits and
easements. CONTRACfOR shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Any loss or damage to CONTRACfOR's or any ,Subcontractor's equipment is
solely at the risk of CONTRACfOR. CONTRACfOR 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 co'ntiguous 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, CONTRACTORshall promptly attempt to settle
with such other party by agreement or otherwise resOlve the claim by arbitration or at law. CONTRACfOR shall
to the fullest extent pennitted by Laws. and Regulations, indemnify and hold OWNER hannless 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 perfonnance of the Work.
6.17. During the progress of the Work, CONTRACTOR shall keep the premises free, from
accumulations of waste materials, rubbish and other debris or contaminates resulting from the Work. At the
completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about
. the premises as well as all tools, appliances; construction equipment and machinery, and surplus materials,
and shall leave the site clean and ready for occupancy by OWNER. CONTRACfOR shall restore to original
condition all property not designated for alteration by the Contract Documents:
6.ia. CONTRACfOR shall not load nor peimit any part of any structure to be loaded in aiw manner
that will endanger the structure, nor shall CONTRACfOR subject any pan of the Work or adjacent property
to stresses or pressures that will endanger them.
, Record Documents:
6.19. Contractor shall keep at the site and in good order one record copy of the Contract Documents
and ali 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
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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 providelthe. necessary protection to prevent damage, injury or joss to:
6.10.1. 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 bcx:ly 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,injuryor lOss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly,
in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly
or indirectly employed by any of them to perform or furnish any the Work or anyone for whose acts any of
them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of
Drawings or Specifications or to the acts or omissions of OWNER or PROFESSIONAL or anyone employed by
either of them or anyone for whose acts either of them may be liable, and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and
reSponsibilities for the safety and protection of the Work shall continue until such time as all the Work is
completed and, PROFESSIONAL has issued a notice to OWNER and 'CONTRACTOR in accordance, with
paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided In connection with
Substantial Completion).
6.21. CONTRACTOR shall designate a responsible member of its organization whose duty shall be the
prevention of accidents at the site. This person shall be CONTRACTOR's superintendent unless otherwise
designated in writing by CONTRACTOR to the Project Manager.
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Emergencies:
6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site
or adjacent thereto, CONTRACTOR, without special instruction or authorization 'from 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 Directive Change or Change Order be issued to document the consequences of the changes or
variations.
6.22.1. CONTRACTOR shall immediately notify PROFESSIONAL of all events involving personal injuries
to any person on the Site, whether or not such person was engaged in the construction of the Project, and
shall file a written report on such person(s) and any other event resulting in property damage of any amount
within five (5) days of the occurrence.
6.22.2. If PROFESSIONAL detennines 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 i?sued 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 arid samples shall have been checked by and
stamped with the approval of CONTRACTOR and identified as PROFESSIONAL may ~equire. The data shown
on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other
infonnation necessary to enable PROFESSIONAL to review the submittal as required. At the time of each
submission, CONTRACTOR shall give notice tCl 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, confonnance 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 o(corrected copies until approved. CONTRACTOR's stamp
of approval on any submittal or sample shall constitute its representation to PROFESSIONAL and County that
CONTRACTOR has detennined 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 atthe site and shall be available to PROFESSIONAL and County staff.
Any delays associated with the submittal process will be considered for time extensions only, and no damages
or additional compensation for delay will be allowed.
6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have detennined and
verified all quantities, dimensions, spec;:ified perfonnance 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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6.27. No Work requiring a submittal or sample submission shall commence until the submission has
been approved by PROFESSIONAL. A copy.of each approved submittal and each approved sample shall be
kept in good order by CONTRACTOR at the site and shall be available to PROFESSIONAL and Project Managery
staff. Any delays associated with the submittal process will be considered for time extensions only, and no
damages or additional compensation for delay will be allowed. '
6.28. PROFESSIONAL's approval of submittals or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has
. in writing called PROFESSIONAL's attention to ~ach such variation atthe time of submission and the Project
Manager has given written approval to the specific deviation; any such approval by PROFESSIONAL shall not
. relieve CONTRACTOR from responsibility for errors or omissions in the submittals.
6.29. Where a shOp drawing or sample is required by the Contract Documents or the schedule of
shop drawings arid sample submissions accepted by PROFESSIONAL as required, any related work performed
prior to Professional's review and approval of the pertinent submittal will be at the sole expense and
responsibility of Contractor.
Continuing the Work:
6.30. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes
, or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or
,disagreements, except as permitted by paragraph 15.6 or as CONTRACTOR and OWNER may otherwise agree
in wilting.
Cleaning Up:
6.31. CONTRACTOR shall maintain the site free from accumulations of waste materials, rubbish, and
other debris or contaminates resulting from the work on a daily basis or as required. At the completion of the
work, CONTRACTOR shall remove all waste materials, rubbish, and debris from the site as well as all tools,
construction equipment and machinery, and surplus materials and will leave the Site clean and ready for
occupancy by OWNER. All disposal shall be in accordance with applicable laws and regulations. In addition
to any other rights available to OWNER under the Contract Documents, CONTRACTOR's failure to maintain
the site may result in withholding of any amounts due CONTRACTOR. CONTRACTOR will restore to original
condition those portions of the site not designated for alteration by the Contract Documents.
Indemnification:
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6.32. To the fullest extent permitted by laws and Regulations CONTRACTOR shall indemnify and hold
harmless OWNER and PROFESSIONAL and their consultants, agents and employees from and against all
claims~ damages; losses and expenses, direct, indirect or consequential (including but not limited to fees and
charges of PROFESSIONAls, architects, attorneys and other PROFESSIONAls and court and arbitration costs)
arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or
expense (a)is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole
or in pan by j3ny negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization
directly or indirectly employed by any of them to perform or fumish any of the Work or anyone for whose acts
any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder
or arises by or is imposed by Law and Regulations regardless of the negligence of any such party.
'6.33. In any and all claims against OWNER or PROFESSIONAL or any of their consultants, agents or
employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of
them may be liable, the indemnification obligation under paragraph 6.32 shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization under workers' or worknien's compensation acts.
disability benefrt: acts or other employee benefrt: 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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September 19, 2000
ARTICLE 7---0THER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have
other work performed by ailed OWNERs or: let other direct contracts therefor which shall contain General
Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract
Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work: and,
if CONTRACliOR believes that such performance will involve additional expense to CONTRACTOR or requires
additional time and die parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim
therefor as 'provided in' Articles 11 and 12.
, -
7.1.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a
direct contract for OWNER, if OWNER is performing the additional work with OWNER's employees)proper and
safe access to the site and a reasonable, opportunity for the introduction and storage of materials and
equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several
pans come together properly and integrate with such other work. CONTRACTOR shall not endanger any work
of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the
written consent of PROFESSIONAL and the others whose work will be affected. Th.e duties and responsibilities
of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the
extent that there are comparable provisions for the benefit or' CONTRACTOR in said direct contracts between
OWNER and such utility owners and other contractors.
7.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of
any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to
PROFESSIONAL in writing any delays, defects or deficiencies in such work that render it unavailable or
unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an
, ,acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or
nonapparent defects and deficiencies in the other work.
Coordination:
7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the
person or organization who will have authority and responsibility for coordination of the activities among the
various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be
covered by such authority and responsibility will be itemized, and the extent' of such authority and
responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in 'the
Supplementary Conditions, neither OWNER nor PROFESSIONAL shall ,have any authority or responsibility in
respect of such coordination.
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Septembu 19, 2000
ARTICLE 8---0WNER'S RESPONSIBIUTIES
8.1. Except as otherwise provided in these General Condition's, COUNTY shall issue all
communications to CONTRACTOR through the Project Manager or PROFESSIONAL.
8.2. In case, of ,termination of the employment of PROFESSIONAL, OWNER shall appoint, a
, PROFESSIONAL against whom CONTRACTOR makes no reasonable objection, whose status under the Contract
Documents shall be that of the fonner 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 CONTRACfOR promptly after they are due as provided'in paragraphs 14.4 and 14.13.
, 8.4. OWNER'sduties 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 totenninate services of CONTRACTOR under certain
circumsta nces.
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September 19, 2000
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
constrlJction are set forth in the Contract Documents and shall not be extended without written consent of
OWNER and pROFESSIONAL
Visits to Site:
9.i. 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 a'nd 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 ResidentProject Representative and assistants will be as provided in
the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is
not PROFESSIONAL's agent or employee, the duties, responsibilities and limitations of authority of such other
perSon will be as provided in the Supplementary Conditions. '
Clarifications and Interpretations:
9.4. PROFESSIONAL shall issue such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably
requested by CONTRACTOR, which shall be consistent with or reasonably inferable from the overall intent of
the ,Contract Documents,. If CONTRACTOR believes that a written clarification and interpretation entitles it to
an increase in the Contract Price, and/or Contract Time, CONTRACTOR may make a claim as provided for in
Articles 11 or 12.
Authorized Variations in Work:
9.5. PROFESSIONAL may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order
and willbc 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 oran 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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September 19. 2000
Rejecting Defective Work:
9.6. PROFESSIONAL will have authority to disapprove or reject Work which PROFESSIONAL believes
to be defective, and will also have authority to require special inspection or testing of the Work as provided
in paragraph 13.9, whether or notthe Work is fabricated, installed or completed.
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, Shop Drawings, Change Orders and Payments:
9.7. In connection with PROFESSIONAL's responsibility for Shop Drawings '~nd 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 detennine the actual quantities and classifications of Unit Price Work
perfonned by CONTRACTOR. PROFESSIONAL will review with CONTRActOR PROFESSIONAL's preliminary
determinations on such matters before rendering a whiten decision thereon (by recommendation of ail
Application for Payment or otherwise). PROFESSIONAL's written decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless, within tef'! days after the date of any such decision, either OWNER
or CONTRACTOR delivers to the other party to the Agreement and to PROFESSIONAL whiten notice of
intention to appeal from such a decision.
, Decisions on Disputes:
9.11. PROFESSIONAL will be the initial interpreter of the requirements of the Contract Documents
and judge' of the 'acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the Work or'the interpretation of the requirements of the Contract Documents pertaining to
the perfonnance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes m the
Contract Price or Contract lime will be referred initially to PROFESSIONAL in writing with a request for a fonnal
decision in acco'rdance 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 P~OFESSIONAL pursuant
to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have
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S8ptCUllb.~ 19~ 2000
been waived by the makirig or acceptance of final payment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise
have underthe Contract Documents or bylaws or Regulations in respect of any such claim, dispute or other
matter.
Limitations on PROFESSIONAL''s Responsibilities:
9.13, Neither PROFESSIONAL's authority to act under this Article or elsewhere in the Contract
Documents, nor any decision made in good faith to exercise such authority, shall give rise to any duty or
responsibility of PROFESSIONAL to CONTRACTOR, any Subcontractor, any of their agents or employees.
9.14. PROFESSIONAL shall not be responsible for the construction means, methods, techniques,_
sequences, or procedures or the safety precautions and programs used. PROFESSIONAL shall not be
responSible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.
9.15. PROFESSIONAL shall not be responSible for the acts or omissions of CONTRACTOR, any
Subcontractors, any agents or employees, or any other persons performing any of the Work. ,
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ARTICLE 10..CHANGES IN THE WORK
10.1. Without invalidating the Contract, OWNER may at any time or from time to time order additions,
deletions, or revisions in the Work. The Project Manager shall provide CONTRACTOR with a proposal request,
identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a
written proposal for the changed work prepared in accordance with Articles 11 and 12. If the proposal request
calls only for the deletion of Work,. the Project Manager may order the partial suspension of any Work related
to the proposed deletion, in which case CONTRACTOR must cease performance as directed; CONTRACTOR
shall not b~ 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 lime, except in the
case of an emergency as provided in Article 7. The effect of this paragraph shall remairiparainount 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 11.1.3, OWNERmay, at its sole discretion issue
a Work Directive, Change to CONTRACTOR. Pricing of the Work Directive Change will be in accordance with
Section 12.1.3. The Work Directive,Change will specify a price,and if applicable a time extension, determined
to be reasonable by OWNER. If CONTRACTOR fails to sign such Work Directive Change, CONTRACTOR may
submit a claim in accordance with ArticleS 11 and 12, but CONTRACTOR shall nevertheless be obligated to fully
perform the work as directed by the Construction Change Directive.
10.5. CONTRACTOR shall proceed diligently with performance of the Work as directed by OWNER,
regardless of pending claim actions, unless otherwise agreed to in writing.
10.6. If notice of any change affecting the general scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Cont~act lime) 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 ll-CHANGE OF CONTRACT PRICE
" 11.1. The Cantract Price canstitutes thetatal campensatian (subject ta written autharized
adjustn'lentS) payable ta CONTRACTOR far perfonning the Wark. All duties, respansibilities and abligatians
assigned ta .or undertaken by CONTRACTOR shall be at CONTRACfOR's expense' with aut change in the
Cantract Price.
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, 11.? The Cantract Price may .only ~e changed by a Change Order .or by a Written Amendment. Any
claim far an increase .or decrease in the Cantract Price shall be based an written natice delivered by the party
making the claim ta the ather party and ta PROFESSIONAL promptly (but in na event later than thirty days)
after the occurrence .of the event giving rise ta the claim and stating the general nature .of the claim. Natice
.of the amaunt .of the claim with supporting data shall be delivered within sixty days after such occurrence
(unless PROFESSIONAL allaws an additional period .of time ta ascertain mare accurate data in suppart .of the
claim and shall be accampanied by Claimant's written statement that the amaunt claimed cavers all knawn
amaunts (direct, indirect and consequential) tbwhich the claimant is entitled as a result .of the occurrence .of
said event. All claims for adjustment in the Cantract Price shall be determined by PROFESSIONAL in accar-
dance with paragraph 9.11 if OWNER and CONTRACTOR cannpt .otherwise agree an the amaunt invalved. Na "
claim far an adjustri1ent in the l:antract Price will be valid if nat submitted in accardance with this paragraph
1.1.2., '
11.3. The value .of any Wark cave red by a Change Order .or .of any claim far an adjustment in the
Cantract Price will be determined by the fallawing procedures': '
11.3.1. Designated Unit Price (Field Measure) CONTRACTOR and OWNER recognize and acknawledge
that the quantities shawn for those items designated in the Bid Proposal as unit price items are app'roximatiahs
prepared by OWNER far bid purposes .and that the actual campensatian payable ta CONTRACTOR far the
utilizatian .of such items is based upon the applicatian .of unit prices to the actual quantities .of items invalved
as measured in the field and required ta camplete the Wark as .originally defined in the Cantract Dacuments.
11.3.2. When it is detemiined by OWNER that an addition, deletion, .or revisian to the Wark as defined
in these Cantract Documents is required and affects the quantities required far items designed ,in the Bid
Prapasal as unit price items, CONTRACTOR and OWNER agree that the campensatian payable ta
CONTRAcrOR for such unit price items shall be adjusted accordingly by a Change Order based upon the
applicatian .of the apprapriate unit priceS shawn in the Bid Proposal ta the quantity .of the unit price item
'required ta complete the Work as defined in the Contract Documents.
11.3.3. Other Unit Prices. Far items nat designated in the bid propasal as unit prices, OWNER and
CONTRACTOR may establish unit prices as agreed an by Change Order.
11.3.4. Lump Sum. When it is detennined by OWNER that an additian, deletian .or revisian to the Wark
is required which results in a change in Wark designated in the Bid Praposal as a lump sum item, the amaunt
.of increase .or decrease in the lump sum priceshall 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 ta agree
on a price far the changed wark, a reasanable price far the same shall be established by OWNER in
accardance with 11.4 and 11.5. OWNER sh,all then process a unilateral Change Order, specifying the said
reasonable price, in accordance with 11.4 through 11.6. CONTRACTOR shall" perfarm the Work as directed
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in the Change Order.
11.3.6. Failure on the part of CONTRACTOR to construct any item to plan or authorized dimensions
within the specification tolerances shail 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.
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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 amountsno 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 inthe 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, salariesand 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 s'uperintendents and foremen at the site. The expenses of
performing Work after regular working hours,'on Saturday, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
, 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services'required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONlRACTOR 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 'materia Is and equipment shall accrue to OWNER, and CONlRACTOR shall make
provisions so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors
acceptable to CONTRACTOR and shall deliver such bids to OWNER who then determine, with the advice of
PROFESSIONAL, which bids will be accepted. If a subcontract provides thafthe 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 butnotlimited to PROFESSIONAL's architects, testing
laborat~ries, 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 ofCONlRAC-
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 pans thereof whether rented
from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of
PROFESSIONAL, and the costs of transportation, loading, unloading, installation, dismantling and removal
thereof---all in accordance with terms of said rental agreements. The rental of any such equipment, maChinery
or parts shall cease when the use thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or any-
one directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise,
to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing 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 shan 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 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 estciblished
by OWNER in accordance with paragraph 5.6.
li.5. The term Cost of the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, eXecutives, principals (of
partnership and sole proprietorships), general managers, PROFESSIONAls, architects, estimators, attorneys,
auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel
employed,by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general
administration of the Work and not specifically included in the agreed upon schedule of job classifications
referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4--all of which are to be considered
administrative costs covered by CONTRACTOR's Fee.
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11.5.2. Expenses of CONTRACTOR's principal area branch offices other than CONTRACTOR's office
'at the site.
11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital
used for the Change Order Work and charg~ against CONTRAcrOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRAcrOR is required
by the Contract Documents to piJrchase 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 CQNTRACTOR, 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.
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CONTRACTOR's Fee:
11.6. CONTRAcrOR'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 or' the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, CONTRACTOR's Fee shall be fifteen
percent:
'11.6.2.2. for costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall five percent; and if a
subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on
. account of overhead and profit of all Subcontractors shall be fifteen percent: '
11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and
11.3:
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11.6.2.4. the amount of credit to be allowed by CON1RACTOR to OWNER forany such change which
, results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by an amount equal to ten percent of the net decrease: and
11.6.2.5. when both additions and,credits are involved in anyone change/the adjustment in CON-
TRAcrOR'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, CON1RACTOR shall submit an itemized cost breakdown, together with
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supporting data in such detail and form as prescribed by.the Project Manager. When a credit is due, the
amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net
decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Project
Manager, plus the applicable reduction in overhead and profit. When both additions and credits are involved'
in any change, the combined overhead and' profit shall be calculated on the basis of the next change, whether
an increase or decrease. In any event, the 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 aild,equipmentrequired 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 payinent, 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 byCON1RACTOR 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 th.e estimated quantity of such item indicated in the Agreement and there is
no corresponding adjustment with respect to any'other item of Work and if CONTRACTOR believes that
CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an
increase in the Contract Price in accordance with Article 11 if the partes are unable to agree as to the amount
of any such increase. '
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ARTICLE 12--CHANGE OF CONTRACT TIME
12.1. The Contract 1ime may only be changed by a. Change Order. Any request for an extension in
the Contract 1ime shall be made in writing and delivered to PROFESSIONAL and Project Manager within seven
(7) calendar days.of the occurrence first happening and resulting in the claim. Written supporting data will
be submitted to PROFESSIONAL and Project Manager within fifteen (15) calendar days after such occurrence
unless the Project Manager allows additional time. All claims submitted by CONTRACTOR for adjustments
to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why
the subject delay was beyond CONTRACTOR's control or fault.
12.2. If CONTRACTOR is delayed at any time in the performance, progress, commencement, or
completion of the Work by any act or neglect of OWNER or PROFESSIONAL, or by an employee of either, or
by any separate CONTRACTOR employed by. OWNER, or by changes ordered in the Work, or by labor disputes,
fire, unavoidable casualties, utility conflicts which cOlild not have been identified or foreseen by CONTRACTOR
using reasonable diligence, or any causes beyond CONTRACTOR's control or fault, then the Contract 1ime 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 1ime in accordance with the procedures set forth
herein.
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ARTICLE 13--WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
(,
Warranty and Guarantee:
13.1. CONTRACTOR warra-nts 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 dr 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.
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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 req'uired Certificates of Inspection, testing, or
approval. All such tests will be in accordance with the methods prescribed by theAmerican 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 perforriled by organizations acceptable to OWNER and CONTRACTOR
(or by PROFESSIONAL if so specified).
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13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered
without written concurrence of 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 COmMCTOR's intention to cover the same and PROFESSIONAL has not acted
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S.l!ptelllbu 19, 2000
with reasonable promptness 'in response to such notice. ,
, 13.7. Neither observations by PROFESSIONAL or Project Manager nor inspections, tests, or approvals
by persons other than CONTRACTOR shall relieve CONTRACTOR of its obligations to perform the Work in
, accordance with the requirements of the Contract Documents.
Uncovering Work:
13.8. If any Work required to be inspected, tested or approved is covered prior thereto without the
. prior written ~pproval 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, 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 arelinable 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 riseto any duty on the part of OWNER to ,exercise this right for the
benefit of CONTRActOR or any other party., CONTRACTOR shall have no right to claim an increase in the
Contract Price or Contract TIme or other damages for a stop work order under this paragraph.
Correction or Removal of Defective 'Work:
13;11. When directed by PROFESSIONAL, CONTRACTOR shall promptly, without cost to OWNER and
as specified by PROFESSIONAL, either correct the defective Work whether fabricated, installed, or completed,
,or remove it from the site and ,replace it with non defective Work. If CONTRACTOR does not correct such
defective Work or remove and replace such defective Work within a reasonable time, all as specified in a
written notice from PROFESSIONAL, OWNER may have the deficiency corrected. All direct and indirect costs
of such correction shall be paid by CONTRACTOR or deducted from payment to CONTRACTOR. CONTRACTOR
will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged
by the correction, removal, or replacement of th~ defective Work.
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One Year Correction Period:
13.12. If, after approval of final payment and prior to the expiratiQn 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 hi 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 re'placement (including but not limited to fees and charges of engineers, architects, attorneys and other
PROFESSIONAls) will be paid by CONTRACTOR.
AcCeptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER
(and, prior to. PROFESSIONAL's recommendation of final payment, also PROFESSIONAL) prefers to accept it,
OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to
OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by
PROFESSIONAL as to reasonableness and to include but not be limited to fees and charges of
PROFESSIONAls, architects, attorneys and other PROFESSIONAls). If any such acceptance occurs prior to
PROFESSIONAL's recommendation of final payment, a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate
decrease in the Contract Price, and, if the panics 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 and to correct defective Work or to remove and replace rejected Work as required by
PROFESSIONAL in accordance with paragraph ,13.11, or if CONTRACTOR fails to perform the Work in
accordance with the Contract Documents, or if CONTRACTOR falls to comply with any other 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 CON-
TRACTOR'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 reasonaQleness 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 asto the amount thereof,
OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will
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include but not be limited to fees and charges of PROFESSiONAls, architects, attorneys and other
PROFESSIONAls, all court costs and all costs of repair and replacement of work of others destroyed or
damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not
be allowed an extension of the Contract lime 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
13.1S. If CONTRACTOR neglects to execute the Work in accordance with the Contract Documents,
including any requirements of the progress schedule, PROFESSIONAL may direct CONTRACTOR to submit a
recovery plan and take specifIC corrective actions including, but not limited to, employing additional workmen,
and/or equipment, and working extended hours and additional days, all at no cost to OWNER in order to put
the Work back on schedule. If CONTRACTOR fails to correct the defiCiency or take appropriate corrective
aCtion, OWNER may terminate the contract or CONTRACTOR's right to proceed with that portion of Work and
haye the Work done by others. The cost of completion under such procedure shall be charged against
CONTRACTOR. A Change Order shall be issued incorporating the necessary revisions in the Contract
Documents, including an appropriate reduction in the Contract Price. If the payments due CONTRACTOR are
not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.
13.16. Should CONTRACTOR work overtime, weekends or hOlidays to regain the schedule, all costs
to OWNER of associated inspection, construction management and resident PROFESSIONAls shall be identified
to CONTRACTOR and the Contract Price reduced by a like amount via Change Order.
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ARTICLE 14-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.
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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
, untn-the final payment or'acceptance by OWNER. The amount of retainage with respect to progress payrilents
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 PROFESSIO~AL to OWNER, based on PROFESSIONAL's on-site observations of
the Work in progress as an experienced and qualified design PROFESSIONAL and on PROFESSIONAL's review
of the Application for Payment alJd 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 quantitiesand classifications for Unit Price Work under paragraph 9.10.
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and to any other qualifICations stated in the recommendation^': and that CONmACTOR 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 PROFESSIONALto OWNER that the conditions precedent to CONTRACTOR's being entitled to .final payment
as set forthJn 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. ~he Contract Price has been reduced by Written Amendment or Change Order.
14.7.3. OWNER has been required to cQrrect defective Work or complete Work in accordance with
paragrapl:l13.14. 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 iriclusive~
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 perfonnance or furnishing of the Work or
Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off
against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy
to PROFESSIONAL) stating the reasons forsuch action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall
notify OWNER and PROFESSIONAL in writing that the entire Work is substantially complete (except for items
specifically listed by CONTRActOR as incomplete) and request that PROFESSIONAL issue a certificate of
Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and PROFESSIONAL shall
make an inspection of the Work to detenninethe Status of completion. If PROFESSIONAL does not,consider
the Work substantially complete, PROFESSIONAL will notify CONTRACTOR in writing giving the reasons
therefor. If PROFESSIONAL consi~~rs 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 provisions of the certificate or attached list. If, after considering such
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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 wilting 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 OWN ER shall allow CONTRACTOR reasonable access to complete or correct items
on the tentative list.
" Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i)
has specifically been identified in the Contract: Documents, or (ii) OWNER, PROFESSIONAL, and CONTRACTOR
agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its
intended purpose without significant interference with CONTRACTOR's performance of the remainder of the
Work, may be accomplished prior to Substantial Completion of all the Work subject to the following.
14.10.1. OWNER at any time may request CONTRACTOR in writing to penn it "OWNER to use any such
part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON-
TRACTOR agrees, CONTRACrOR will certify to OWNER and PROFESSIONAL that said part of the Work is
substantially complete and request PROFESSIONAL to issue a certificate of Substantial Completion for that part
of the Work. CONTRACTOR at any time may notify, OWNER and PROFESSIONAL in writing that CONTRACTOR
considers any such part of the Work. ready for its intended use and substantially complete and request
PROFESSIONAL to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable
time after either such request, OWNER, CONTRACTOR and PROFESSIONAL shall make an inspection of that
part of the Work to determine its status of completion. If PROFESSIONAL does not consider that part of the
Work to be substantially complete, PROFESSIONAL will notify. OWNER and CONTRACTOR in writing giving the
reasons therefor. If PROFESSIONAL considers that part o(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 ano within a reasonable time thereafter" OWNER," CONTRACTOR and
PROFESSIONAL shall make an Inspection of that part of.the Work to d~tennine its status of completion and
will prepare a list of the items remaining to be completed or corrected thereon before final payment. If
CONTRACTOR does not object in writing to OWNER and PROFESSIONAL that su"ch part of the Work is not
ready for separate operation by OWNER, PROFESSIONAL will finalize the list of items to be completed or
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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.
14.1b.3. No occupancy or separate operation of part of the Work will be accomplished prior to
compliance..with the requirements of paragraph 5.15 in respect of property insurance. .
14.10.4. OWNER, may at its discretion, reduce the amount of retainage subject to Beneficial
Occupancy.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is
complete; PROFESSIONAL will make a final inspection with OWNER and CONTRACTOR and will notify
CONTRACTOR in writing of all particulars in which this inspection reveals that the Wor~ is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies.
Final Application for Payment:
. 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of PROFESSIONAL
and OWNER and delivered ill' accordance with the Contract Documents all maintenance and operating
. instructions,. schedules, guarantees, bonds, certificates or other evidence of insurance required by 5.2,
c~rtificates 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 (Ui) cOOiplete and legally effective releases or waivers (satisfactdry to OWNER) of all liens
arising out of or filed in connection with the Work. In lieu of such releases or waivers of liens and as approved
. by County, CONTRACTOR may furnish receipts or release in full and an affidavit of CONTRACTOR that (i) the
releases and receipts include all labor, services, material and equipment for which a lien could be filed, and
(ii) all payrolls, material a'nd 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 accE:!pted by OWNER until approved as-built
documents by CONTRACTOR are accepted and approved by PROFESSIONAL.
14.12.2. Notwithstanding any other provision of these contract documents to the contrary, OWNER
anq 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 relyonly 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
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laborer services in connection with this project.
14.12.3. General Indemnity: CONTRACTOR shall indemnify OWNER and PROFESSIONAL for any
damageS sustained includin,g lost profits resulting from CONTRACTOR's failure or.refusal to perform the work
. required by these contract documents.
Final Payment and Acceptance:
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14.13. If, on the basis of PROFESSIONAL's observation of th~ Work during construction and final
inspection, and PROFESSIONAL's review of the final Application for Payment and accompanying documentation
as required by the Contract Documents, PROFESSIONAL is satisfied that the Work has been completed and
CONTRACTOR's other obligations under the Contract Documents have been fulfilled, PROFESSIONAL will,
within ten (10) working days after receipt of the final Application for Payment, indicate in writing
PROFESSIONAL's recommendation of payment and present the Application to OWNER for payment. At the
same time PROFESSIONAL will also give written notice to OWNER and CONTRACfOR 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 arid
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 shail 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 CONTRACfOR
under.the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any .
act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or
sample submission, nor the .issuance of a notice of acceptability by PROFESSIONAL pursuant to paragraph
14.13. nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance
with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance
with the Contract Documents (ex~ept as provided in paragraph 14.16).
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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
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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 wilting to CONTRACTOR and PROFESSIONAL which will fix
the date on Iwhich 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 a'ny 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 toperfonn the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply'sufflCient 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 Docu-
ments,
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to
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the extent pennitted by Laws and Regulations, tenninate the services of CONTRACTOR, exclude CONTRACTOR
from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and
. equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and
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 tenninates the contract for cause and it is subsequently judicially
determined that there was no calise for termination, the tennination for convenience provision will be the
means for disposition of the balance of the contract obligations.
Termination 'or 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
VVork; .
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 tenninated contracts with
Subcontractors, suppliers and others; and
15.4.4. For reasonable expenses directly attributable to tennination.
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 tennination.
15.5. Where CONTRACTOR's services have been so terminated by OWNER, the tennination 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 relea$e CONTRACTOR from
liability.
CONTRACTOR May Stop Work or Terminate: .
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15.6. If through no act or fault of CONTRACTOR, the Work is suspended for a periocl of more than
ninety calendar days by OWNER or urider- 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 fo~ thirty-one days
to pay CONTRACTOR any'sum finally detennined to be due, then CONTRACTOR may upon seven working'days'
written notice to OWNER and PROFESSIONAL and provided OWNER or PROFESSIONAL did not remedy such
suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the
same tenns 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 thi'rty-one days after it is submitted, or OW~ER has failed for thirty-one
calendar. days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven
day's written notice to OWNER and PROFESSIONAL stop the Work until payment of all such amounts due
. CONTRACTOR, including interest thereon. The provisions of this paragraph are !.lot intended to preclude
CONTRACTOR from making claim und.er Articles 11 and 12 for an increase in Contract Price or COntract 1imes
or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by
this paragraph. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under
paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during
disputes and disagreements with OWNER.
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ARTICLE 16--DISPUTE RESOLUTION .
16.1. All disputes arising under this Contract or its interpretation whether involving law or fact or
both, or extra work, and all claims for alleged. breach of contract shall within ten (10) working days of the
commencement of the dispute be presented by CONTRACTOR to OWNER for decision. All papers pertaining
to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state
the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope.
In the meantime, CONTRACTOR shall proceed with the Work as directed. Any claim not presented within the
time limit specified in this paragraph shall be deemed to have been waived, exceptthat if the claim is of a
continuing character and notice of the claim is not given within ten (10) working days of its commencement,
the claim will be considered only for a period commencing ten (10) working days prior to the receipt by
OWNER of notice thereof. Each decision by. OWNER will be in writing and will be mailed to CONTRACTOR by
registered or certified mail, return receipt requested, directed to his last known address.
16.2 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising
out of, or relating to, the Contract Documents.or the breach thereof shall be decided under Georgia Law in
the Superior Court of Richmond County, Georgia. CONTRACTOR by execution of the Contract consents to
jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest
same.
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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 finn
or to an officer of the corporation for. whom it is intended, or if delivered at or sent by registered or certified
mail,' postage prepaid, to the last business address known to the giver of the notice.
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Computation 01 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 oract 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 asa limitation of, any rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy
to which they apply. All representations, warranties and guarantees made in the Contract Documents will
survive final payment and termination or completion of the Agreement.
17.5. . CONTRACTOR shall keep adequate records and supporting documentation applicable to this
Work and Contract. Said records and documentation shall be retained by CONTRACTOR for a minimum of five
(5) years from the date of final completion or tennination 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 th'e Contract and for a period of five (5) years thereafter provided, however, such activity shall be
conducted only during nonnal busJness 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.
17.6. The Contract Documents are intended by the Parties to, and do, supersede any and all
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provisions of the Georgia Prompt Pay Act, O.c.G.A. Section 13-11-1, et seq. In the event any provision of the
Contract Documents are inconsistent with any provision of the Prompt Pay Act, this provision of the Contract
Documents shall control.
17.7. Notwithstanding ariy provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to the Contract Documents and CONTRACTOR
specifically waives any claim to same..
Substitutions:
. 17.8. Notwithstanding any provision of these general conditions, there shall be no substitutions of
materials that are not determined tQ 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-hourcoritact infonnation who Will respond during an emergency
situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any
changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTAllVE 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 infonnation will be provided at the preconstruction
conference). . . . . -'
3. Maintain a chronicle of releveant information regarding the incident including specific actions
taken by the CONTRA.CTOR and estima~es 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
appropriate. .
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17.9.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the ~
. GeASt:r-ud:ioA..aoo.MaiAteAaA€e~, 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 CONTRACfOR.
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PROGRAM MANAGER:
17.10 The PROGRAM MANAGER for the project is CH2M HILL, 2822-Central Avenue, Augusta, GA
30909. .
The presence or duties Clf 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 / 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, rneans; techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the construction Contract
Documents and any health and safety precautions required by such construction work.
. PROGRAM MANAGER and PROGRAM MANAGER's personnel have no authority to exercise any control. over any
construction contractor or other entity or their employees in connection with their work or any health:.or safety
precautions and have no duty of inspecting, noting, observing, correcting, or reporting on health or safety
deficiencies of the CONTRACTOR(s) or other entity or any other persons at the site except PROGRAM
MANAGER's own personnel.
. The presence of PROGRAM MANAGER's personnel at the construction site is for the purpose of providing to
OWNER a greater degree of confidence that the completed construction work will conform generally to the
construction documents and that the integrity of the design concept as reflected in the construction documents
has been implemented and preserved by the construction contractor(s). PROGRAM MANAGER neither
guarantees the performance of the'construction contractor(s) nor assumes responsibility for construction
contractor's failure to perfonn work in accordance with the construction documents.
For this AGREEMENT only, .construction sites include places of manufacture for materials incorPorated into the
construction work, and construction contractors include manufacturers of materials incorporated into the
construction work
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SUPPLEMENTARY CONDITIONS.
1.1 SPECIALTY HAZARDS:
The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide
adequate protection against the following special hazards:
A. Work within the rights-of-way of the Augusta-Richmond County roads.
B . Work within easements granted by property owners in connection with the construction of
the prbject.
. C. . Work in close proximity to existing water lines, power lines, telephone lines, gas lines,
. other utilities and private structures contiguous to the job site.
1.2 TESTING LABORATORY:
All materials testing and laboratory work in connection therewith shall be paid for by the
Contracto'r and approved by the Engineer.
1.3 SURVEYS:
The Contractor will provide surveying for construction stake-out, horizontal control and vertical
control as necessary. .
1.4 ENGINEER:
All references to "Engineer" shall be interpreted to mean the County's official designee.
1.5 UNDERGROUND UTILITIES:
The Contractor shall coordinate with all utility companies through the "one call" method or other
appropriate steps to locate ai1d avoid damage to all utilities that may affect or be affected by the
Contractor's work.
1.6 SAFETY:
The Contractor shall use flagmen, barricades, and signs as necessary to notify the public, in
particular those persons driving in the vicinity of the project, of the construction and its affect on
traffic.
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TECHNICAL SPECIFICATIONS
SECTION T-l - SITE WORK
SCOPE:
The work covered by this specification consists offurnishing all plant, 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 stridt accordance with this section of the specifications, the applicable drawings and
terms and conditions of the Contract.
GENERAL:
Operations shall be conducted in a manner which will provide for the safety of employees and
others. Existing utility lines, walks, steps, paving, structures, or trees 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 for field layout, staking, and grade setting
requirements.
Classification ofExcavatiQn: All excavation in connection with site work will be considered
unclassified common excavation;
CLEARJNG:
Clearing shall consist of the felling and cutting up or trimming of trees and. the satisfactory
. disposal of the trees and other vegetation designated for removal together with the down timber,
snags, brush and rubbish occurring within the project limits. Trees and other vegetation to be
removed arid all stumps, roots, and brush in areas to be cleared but not grubbed shall be cut off
flush with or slightly.below the original ground surface. Trees and stumps in areas to the covered
by embankments 3 feet or more in height shall be cut off to 8 inches or less above the original
. ground surface. Tree~ and other yegetation in areas to be cleared and grubbed may be removed
by uprooting or any other method that the Contractor may propose that is satisfactory to the
Engineer. Individual trees and groups of trees designated to be left standing shall be trimmed of
. all live branches to such heights and in such maimer as directed by the Engineer. All limbs and
branches required to be trimmed shall be neatly cut close to the tree or to main branchys. Cuts
more than 1-1/2 inches in diameter shall be painted with an approved tree wound paint.
. GRUBBING:
Grubbing shall consist of the removal and disposal of all stumps, roots larger than 3 inches in
. diameter to the depth specified, and matted roots from the areas to be grubbed. In foundations
areas, stumps, roots, logs or other timber 3 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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grade in areas to be grassed. All depressions excavated below the original ground sUlface 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 construction and graded and grassed areas.
DISPOSAL OF CLEARED AND GRUBBED MATERIAL:
Merchantable Timber: All merchantable timber (6" diameter at the base or larger) cut from the
construction sites, or from the rights-of-way, shall remain the property of the landowner. The
contractor shill trim and cut such timber and stack it neatly within the easement or right-of-way,
. as directed by the Engineer.
Burning or Removal From Site: All Tiinber, except such timber which the Engineer considers
merchantable, all logs, stumps, roots, brush, rotten wood and other refuse from the "clearing and
grubbing operations shall be burned, except that when permitted in writing by the Engineer, logs
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and large stumps may be otherwise disposed of as elected by the Contractor. Such permit will
state the conditions covering the disposal of such logs and stumps Without burning, including the
areas in which they may be placed. Timber and other refuse to be disposed of by burning shall be
burned at locations specified by the Engineer, in a manner that will avoid all hazards, such as
. damage to existing structures, construction in progress, trees and vegetation. The Contractor will
. be responsible for compliance with all Federal arid State Lawsand regUlations relative to the
building of fires. Disposal by biuning shall be kept under constant. attendance until the tires have
burned out or have been extinguished.. .
MATERIALS:
Borrow Material shall be selected.to meet the requirements and conditions of the particular
in~iallation 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 required densities and shaiIbefree of roots,
trash and any other deleterious.material. The material shall be obtained from off-site borrow pits
approyed by the Engineer. Borrow pits shall be cleared and grubbed as nec~ssary, and shall be
opened, excavated, 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 surface deposits oflimited depth, and, in
gtmeial, 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.
Topsoil shall be approved by the Engineer before being used on the project site. Topsoil as
described, shall be excavated from all areas to be disturbed, whether for structures, piping, site
grading, or paving, and if it cannot immediately be placed in its final location, it shall be stored for .
later use. Stockpiled topsoil shall be placed to afford good drainage. Topsoil work shall not be
performed when the soil is so wet that the tilth of the soil will be destroyed.
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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 therein and in accordance with the appropriate lines, grades, sections, contours and
dimensions.
Crushed stone surfacing material shall consist of a compacted subgrade, a 4" sand-clay base, and a .
2-1/2" crushed stone surface course. The surface course shall consist of dense graded crushed .
stone with 65 percent passing a NO.4 U. S. Standard Sieve.
CONSTRU(l;TION 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.ofany 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 wasted
in locations directed by the Engineer. Any wetting, hauling, scarifying, 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: Site grading shall consist of excavating and placing all.necessary materials outside
the limits of the various structures.' Site grading shall be'completed when all surfaces are aligned
. with surrounding grades or are in conformity with the contours when shown, and are smooth,
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firm, containing the specified inateriaI.s. Site grading shall include all excavation, filiing and
compacting required tor construction of all ditches, roads, and all other areas disturbed by
.construction except as otherwise specified. Site grading also shall include excavation and backfill .'
for walks and' steps. 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 obtainable from power grader operations. The
finished surface shall not. be more than 0.10 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.
After all embankments and fills.have been completed to grade, .and after all structures and pipe
lines requiring the use of heavy equipment have been completed, excavation necessary for the
construction of walkways and steps may be performed. Excavation shall be accurately cut to line
and grade; sufficient width for the accurate placement and adequate support of the forms shall be
allowed. After the forms are removed, the backfill shall be replaced and recompacted around
structures, walks and steps. Care shall be taken to avoid damage to the walks and steps by the
tampers.
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Topsoil shall be evenly spread over the entire area to receive vegetation cover. The compacted
sub grade shall be scarified to a depth of 2 inches for the bonding of topsoil with the subsoil.
Topsoil shall then be evenly spread, lightly compacted (not less than one pass of a cultipacker
weighing 100 to 160#/ft. of roller) and graded to a uniform thickness of not less than 3 inches,
and the surface shall conform to the requirements of site grading, ditches, embankments, or other
features, as applicable.
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; borrow, or stones or cobbles. 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. .
Embankment: Sloping ground surface, steeper 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. Approyed 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 ofloose material not more than 8 inches in depth. Each layer shall be spread
uniformly and tamped and compacted to 95 percent of the density measured by Standard Proctor
ASTM Do98. 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.
CRUSHED STONE SURFACING FOR UNP A VEDDRlVEW A Y REPLACEMENT:
The subgrade shall be scarified 6" .deep and then recompacted to 100% ASTM D698. Over the
compacted subgrade compact a 4" thick Class A sand clay base compacted to 1 00% of ASTM
D698 density. The2" compacted crushed stone surface course shall be installed over the base.
INSPECTION AND TESTS:
The Engineer, at his discretion, may order tests and inspections' to the p~rformed 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 oftopsoil
thickness shall be conducted by cutting through the surface with a spade or mattock, and
measuring the thickness of topsoil exposed. Density of embankment, fill, backfill or subgrade may
be. measured according to the procedures of ASTM D698.
GRASSING:
Areas of road shoulders and other property disturbed by construction operations shall be grassed
in accordance with the GRASSING section of the specifications. Areas to be grassed shallbe
. planted, maintained, and shall utilize topsoil, lime, fertilizer, proper and approved grass and mulch
sufficient to produce a cover suitable to eliminate significant erosion.
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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.
PAYMENT:"
Payment for clearing, giubbing, site grading, borrow material, sediment containment, crushed
stone driveways, and erosion control shall be included in the unit price for water lines, lump sum
price and other unit price or lump sum prices as appropriate.
No other separate payment will be made for the work covered by this section of the specifications
and all ~osts in connection therewith shall be included in the appropriate lump sum or unit price in
the Bid.
SECTION T-2 - EXCAVATION. FILLING AND BACKFILLING
SCOPE:
The work covered by this section of the specifications consists offurnishing all plant, labor,
equipment, appliances, materials, layout staking and grade staking and supervision, and in
perforr'ning 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
tenus and conditions of the Contract.
CLASSIFICATION OF EXCAVATION:
All excavation shall be unclassified.
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EXCAVATION:
General: The excavation shall conform to dimensions and elevations appropriate for the pipe
line 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 directly against excavated surfaces.
Trench Excavation: Trenches shall be excav~ted true to line and grade. Trenches to receive pipe
having a riominal diameter of24 fiches or less shall not be less than 12 inches wider nor more
than 16 inches wider than the outside diameter of the pipe to be laid therein, so that a clear space
of not less than 6 inches nor more'than 8 inches in ~dth is provided on each side ofthe:pipe.
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 requrrements of OSHA.
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Where rock is encountered in the trench bottom, the excavation shall be carried below the bottom
of the pipe a distance of 12 inches. 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 the thoroughly tamped. The refill shall be brought to the proper elevation for the
pIpe.
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 well pointing from excavated areas shall be 'performed by the contractor to provide a stable
excavation arid 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 progre'ss.
Protection Against Flotation: To guard against the danger offIotation of empty or partially C?mpty
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 workman 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 ordinances by certified,
licensed operators. No blasting shall be set off within 50 feet of pipe already laid in the trench.
Suitable mats shall be provided to confine, within the limits of the excavations, all materials lifted
by blasting.
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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~oot, as determined by the ASTM D698.
BACKFILLING:
Trenches and I other excavations shall not be backfilled until all required tests are penormed and
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the work has been approved by the Engineer. The trenches shall be carefully backfilled with the
excavated materials approved for backfilling. consisting of earth, loam, sandy clay, sand and gravel
soft shall, or other approved materials. No material shall be used for backfilling that contains
. mulch, other unstable materials, stones, blasted rock, broken concrete or pavement, or other hard
materials having any dimension greater than 4 inches; or large clods of earth, debris, frozen earth
or earth with an exceptionally high void content.
For backfill up to a level 1 foot over ;the top of pressure pipelines and 2 feet above.the top of
gravity pipelines, only selected materials shall be used. Select materials shall be finely divided
material free from debris, organic material and stone, and maybe suitable job excavated material
or shall be provided by the Contractor from other sources. The backfill shall be placed in uniform
layers not exceeding 6 inches in depth. Each layer shall be moistened and carefully and uniformly
taIhpered with mechanical tamp.ers or other suitable tools. Each layer shall be placed and tamped
under the pipe haunches with care and thoroughness so as to eliminate the possibility of voids or .
lateral displacement..
The remainder of the backfill material shall then be placed and compacted above the level
specified above. In areas not subject t.o traffic, the backfill shall be placed in 12 inch layers and
each layer moistened and compact,ed to a.density approximating that of the surrounding earth.
Under roadways, driveways, paveq areas, parking lots, along roadway shoulders and other areas
subject to traffic, the backfill shall be placed in 6 inch layers and each layer moistened and
compacted to density to least equal to that of the surrounding earth so that traffic can be resumed
immediately after backfilling is completed. Any trenches which are improperly backfilled, or
where settlement occurs, shall be reopened to the depth required for proper compaction, then
refilled arid compacted with the surface restored to the required grade compaction. Along all
portions of the trenches not located m roadways~ the ground shall be graded to a reasonable
uniformity and mounding over the trenches left in a neat condition satisfactory to the Engineer.
Sheeting not specified to be left in place shall be removed as the backfilling progresses. Sheeting
shall be removed in such a manner as to avoid caving of the trench. Voids left by the removal of
sheeting and shoring shall be carefully filled and compacted. Where, in the opinion of the
. Engineer, damage is liable to result from withdrawing. sheeting, the sheeting will be ordered to be
left in place. .
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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. .
MATERIAL FOR TRENCH BACKFILL:
Borrow material for trench bacldill shall consist of sand soils or sand clay soils capable of being
readily shapedl and compacted to the required densities and shall be free of roots, trash, and any
other deleterious material.
SELECTED REFILL MATERIAL
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.Whendirected 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 storie 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. The Contractor shall
notify the Owner's Utility Inspector so that the Inspector can be present during placement of
select refill material.
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" of3,000 p.s.i. concrete,
plus 2" hot plant mix 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. 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
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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
nonnal 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
coveiing 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 shan meet be following physiCal requirements:
Tensile Strength (Lbs. Min.)
(ASTM D-4632)
. Warp - 120
Fill - 100
Elongation (% Max.)
(ASTM D-4632)
40
AOS (Apparent Opening Size) (Max-
Sieve Size) (ASTM D-4751)
. #30
Flow Rate (Gal/Min/Sq.Ft.)
(GDT -87)
25
illtraviolet Stability-(2) .
(ASTM D-4632 after 300 hours'
weathering in accordance with
ASTM D-4355)
80
Bursting Strength (pSI Kin.)
. (ASTM D-3786 Diaphragm Bursting
Strength Tester)
175
Minimum Fabric Width (Inches) .
24
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 Su'pport Fence shall be at least 24" high and shall have at least 6 horizontal wires 4X4
Wl..4 X Wl.4 or equal.
~ 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" X 4" and straight enough to
provide a fence without noticeable misalignment. Maximum post spacing shall be 4 feet.
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. Wire StapleslFasteners shall be #17 gauge mini~um and shall have a crown at least 3/4 inch wide
and legs at least ~ inch long. Nails for fasteners shall be #14 gauge minimum, 1 inch long with
3/4 inch button beads. Fasteners shall be evenly spaced with at least 4 per post.
. Straw Bale Ditch Checks: To control erosion in waterways and to provide additional restriction
of silt migration, temporary ditch checks shall be installed. Standard rectangular mechanically
. produced .straw bales shall bearichored to 2x4x4'-O" posts set 2.5' below grade.
Removal ofTempora.ry Soil Erosion and Sediment Control Measures: After permanent erosion
control featutles 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 plantirtgs, 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 oWIier or until
. condenulation procedure, if necessary, has been completed. .
PAYMENT:
Except as specifically stated in the items which follow, no separate .payment shall be made for
common excavation for structures and pipeline trenches; backfill; pipe bedding; protection of
utilities; maintenance of usable driving surfaces free from potholes; depressions and ruts, erosion
control and sediment containment measures; and other work covered by this section of the
specifications. Such work sl).allbe considered as a subsidiary obligation of the Contractor in
completing the work and all costs in' connection therewith shall be included in the applicable lump
sum or unit price items in the Bid.
The Engineer will determine the minWlUm requirements for length and depth of excavatioIl for
each structure. Necessary sheeting and bracing shall be instaued by the Contrador without
additi~nal compensation. All'longitudinal pipe, normal backfill, and any pavement patches,
overlays, curb & gutter or sidewalk repl~cement required as a result of pipe installation, are paid
for at the unit price as bid.
Select Refill Material: Select refill'material, which consists of Type I backfill material will be paid
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for separately at the Unit Price as bid. .' .
. Pavement replaced over trench excavations will be paid for on the basis of the applicable unit
price as bid.
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Resurfacing: For roadway sections which must be resurfaced, payment will be made at the unit
price as bid for the resurfacing applied over the pavement.replacement over trench excavations as
well as the adjoining area within the resurfacing limits.
. SECTION T-3 - CONCRETE
SCOPE:
The work covered by this specification consists offurnishing 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 end conditions of the Contract.
APPLICABLE SPECIFICA nONS:
The current edition of the followmg specifications form a part of this specification:
American Society for Testing Materials Designation:
C 33
C 150
A615
C94
. C 31
Concrete Aggregates
Portland Cement
Reinforcing Steel
Ready-Mix Concrete
Method of Making and CUring Concr:ete Compression and Flexure
Test Specimens in the Field
American Concrete Institute Publications:
ACI 318 Building Code Requirement for Reinforced Concrete
ACI 315 Manual of Standard Practice for Detailing Reinforced Concrete
Stru.ctures
CONCRETE:
Materials:
Cement: Portland Cement shall be Type I or Type ill conforming to ASTM C 150. Only one
brand of cement shall be used for exposed .concrete in any individual structure.
Fine Aggregate shall consist of natural sand,. manufactured sand or a combination thereof,
conforming to the requirement.of ASTM C 33, c;oncrete Aggregate.
Coarse Aggregate shan consist of crushed stone, gravel, or air cooled blast-fumaceslag, or a
combination thereof, conforming to the requirement of ASTM C 33, Concrete Aggregates.
~ shall be clean and free from oils, acids, salts, or other injurious substances.
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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 C 260.'
Other admixtures shall conform to ASTM C494. Calcium chloride will not be permitted.
Curing Materials shall be approved by the Engineer before use.
Reinforcing steel for concrete shall c.onformto ASTM A 615, Grade 40 or Grade 60 except as
qtherwise noted on the drawings. Shop drawings are required.. .
Stora,ge of Materials: Cement and aggregat~sshall be stored in such a manner as to prevent
deterioration or intrusion of foreign matter. Steel reinforcing shall be stored in such a manner as
. to the pr~tected from rusting, oil, grease, and distortion:
~: All concrete shall have a minimum 28-day compressive strength of 4,000 pounds per
square inch and a slump of 4 inches, unless otherwise indicated. All concrete shall be mixed in a
ppwer operated batch mixer. The contents of the mixer shall be completely discharged before
each new batch is loaded. Ready mix concrete shall conform to ASTM C 94. The use of .
retempered concrete' will not be p'ermitted.
Concrete for pipe encasement, blocking, and collars shall have a minimum strength of 3,000 psi.
. .
F orms: Walls, beams, elevated slabs, footings, piers, cradles, coll~s, encasement, blocking,
floors and other members shall be formed, where necessary, to accurately conform to the
appropriate shape, lines and dimensions. .Wood forms shall be made from lumber of NO.2
Common Grade or better. They shall be properly braced and tied so as to maintain their position
and shape, and shall be sufficiently tight to prevent leakage of grout.
Finish: Floor shall be wood float finished exceptthose normally exposed to view shall be
troweled. Walls shall be smooth, free from holes, pockets or honeycomb; fins shall be cut off;
depressions, holes, and rough spots' shall be carefully pointed. Wall surfaces normally exposed to
view shall be rubbed.
Cylinders: Two cylinders per 50 yards of concrete and not less than two for each day's pour shall
be tested for 28-day strength. .
PAYMENT:
Except as specifically stated in the following items, no separate payment will be made for work
covered by this section of the specifications and all costs in connection therewith shan be included
in the applicable lump sum or unit price items in the. Bid.
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SECTION T-7 - SANITARY SEWERS AND APPURTENANCES
SCOPE:
The work covered by this section of the specifications includes furnishing all plant, labor, supervision,
equipment and materials, and in performing all operations incQnnectioil with the installation of all
piping, fittings, and appurtenances as required for the proper connection and operation of the sanitary
sewer collection system in the strict compliance with this section of the specifications and the
applicable plans and subject to the terms and conditions of the Contract.
I
SANITARY SEWER PIPE:
Pipe for sewers shall be furnished in accordance with the following requirements:
A Quality and Inspection: Latitudes in workmanship and finish allowed by ASTM not
withstanding, all pipe shall have smooth exterior and interior surfaces; be first quality,
be free from cracks, blisters, and other imperfections, and' be true to theoretical shapes
and forms throughoutea9h length. Pipe shall be subject to inspection by the Engineer
. at the pipe plant, trench, and other points of delivery for the purpose of culling and
rejecting pipe, independent of laboratory tests, which does not conform to the
requirement of this Section. Pipe which does not coliform will be so marked by the
Engineer, and shall not be used in the work. On-the-job repairing ofrejected pipe will
not be permitted. .
B. E'Werience of Manufacturer The pipe manufacturer shall submit evidence, if required
by the Engineer, of having consistendy produced pipe and joints of the quality
specified' herein, and which have exhibited satisfactory performance results in service
over a period of not fewer than two years. The pipe manufacturer and the pipe '.
. manufacturing process shallbe subjectto approval by the Engineer.
. C Polyvinyl Chloride (PVC) Sewer Pipe and Fittings' Polyvinyl Chloride (PVC) Sewer .
Pipe shall be bell and spigot pipe in lengths not exceeding 20' feet laying lengths and
shall have minimum all thickness confirmiIig to ASTM D 3034 under the classification
for SDR 35 pipe, as amended to date, .
Polyvinyl Chloride (PVC) sewer pipe fittings shall be bell and spigot or bell and Plain
end and shall conform to ASTM D 3034, as amended to date.
1.
Markings: PVC pipe shall be marked at intervals of 5 feet or less
With the following information: Manufacturer's Name or Trade Mark,
Plant code,' Date of manufacture, Nominal Pipe Size, PVC Cell
classification, the legend "Type PSM DR 35 PVC Sewer Pipe", and
ASTM designation D 3034.
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Fittings shall be marked with the . following information,
Manufacturer's. Name or Trade Mark, Nominal SiZe, Designation
PVC and PSM and ASTM designationD 3034. ..
. .
All markings shall remain legible during normal handling, storage and
installation. .
2.
Certification: The Contractor shall furnish the Engineer with a
written statement from the manufacturer that all pipe and fittings
furnished have been sampled, tested and inspected in accordance with
ASTM D 3034, as amended to date. Each certification so furnished
shall be signed by an authorized agent of the manufacturer:
3.
~: All pipe 'shall have elastromeric joints with an integral belled .
gasket coupler. . Rubber gaskets shall comply with the physical
requirements specified in the latest revision of ASTM F 477, as
amended to date. Joints shall meet the requirements specified in
ASTM D 3212, as amended to date.
mONPIPE AND FITTINGS:
. The Contractor shall furnish Iron Pipe and fittings as follows:
A.
Ductile Iron Pipe: Pipe shall be centrifugally cast and shall conform to ANSI
Specifications A21.10, A21.50 and A2L51, as amended to date, with mechanical or
push-on joins and laying lengths of at least 18 feet with Class. 51 wall thickness for
size 3-inch and 4-inch pipe and Class 50wall thickness for pipe6-inch in size and
above unless indicated otherwise herein and/or on the drawings.
B.
Fittings: Fittings shall be cast from gray or ductile iron and shall. conform to ANSI
Specification A 21.10 (A WW A C 110), as amended to date. All fittings shall have
standard mechanicaljoints. Fittings for size 3-inch thru 12;..inch shall be Class 250 for
Graylron and Class 350 forDuctile Iron. Fittings for size 14-inch thru 48-inch shall
be Class 250 for Ductile Iron.
C.
Lining and Coating: Pipe arid Fittings shall be cement:'~ed (standard thickness) inside
and bituminous coated outside, in accordance with the applicable provisions of ANSI
Specification A 21.4 (AWWA C 104) and, ANSI A 21.51 (AWWA C 151), as
. amended to date. The inside cement lining shall be treated with a bituminous seal
coat.
D.
Weights and Marking:. Weights of pipe and fittings shall conform strictly to ~he
requirements of ANSI Specifications. The clas's designations for the various classes
of pipe and fittings shall be cast onto fittings in raised numerals, and cast or stamped
on the outside of each joint of pipe. Weights shall be plainly and conspicuously
painted'in white on the outside of each joint of pipe and each fitting after the exterior
coating has hardened. . .
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E.
Certification: The manufacturer of iron pipe and fittings shall furnish both the
Engineer and the Owner with certified reports stating that inspection and specified
tests have been made and that the results thereof comply with the applicable ANSI
Specifications for each.
PRECAST CONCRETE 'MANHOLES
The Contractor shall furnish precast concrete manholes as follows:
A. Precast Concrete Manholes: . Precast concrete manholes, shaiI consist of precast
, reinforced concrete riser sections, concentric top 'section and a base seCtion.
conforming to Typical Details shown on Detail Drawings. Precast manhole sections
shall be manufactured' in accordance with ASTM C 478, as amended to date, and
these specifications. Concrete shall have a minimum compressive strength of 4,000
psi when tested in accordance with ASTM C 39, as amended to date. Steel
reinforcement shall be as specified in ASTM C 478, as amended to date. Wall and
bottom section shall have a minimum thickness of five inches (5").
1.
. Base Section: Base sections for precast concrete manholes shall have
bottom poured monolithically with the walls. Base sections shall be
furnished with inside diameters of 4, 5, and 6 feet as required. Base
sections shall be furnished with a minimum height of 24 inches for
pipes having a diameter of8, 10, or 12 inches and a minimum height
of36 inche~for pipes having a diameter of 15 or 18 inches. Minimum
height for 5 or 6. foot diameter base sections shall be 48 inches
regardless of pipe size. Base sections with 5 or 6 foot inside
diameters shall be reduced to 4 foot inside diameter by means of an
adapter ring or transition top.
The openings in the base section for the accommodation of the pipe
shall be cast to closely conform to job conditions arid shall provide a
. minimum clearance of three inches (3") betv,reen'the inside bottom the
base and outside bottom of the pipe barrel.
2.
Riser Section: The riser sections shall be furnished in a minimum of six
inch (6") increments and shall be four feet (4') in diameter with, (a)
. tongue and groove joint to be sealed with approved butyl rubber or
bitumastic material, similar to "Ram Nek'" as manufactured by K.T.
Snyder Co., Inc. Or (b) O-Ring gasket type joint conforming to
ASTM C 443, as amended to date. The gasket joint shall be
thoroughly. cleaned of all loose materials and, brushed with an
approved EpoXy to give a smooth surface free of any honeycomb.
3.
Alteration of Manholes: In the event that the manhole has to be.
altered 8.fter delivery to job sit the Contractor may, with pennission.of
the Engineer, connect the pipe to the manhole with a collar of mortar
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and brick. The opening between the pipe and manhole shall have a
minimum clearance of one inch (1 ") and shall be filled from the inside
of the manhole with a non-shrink: grout.
4.
Repaired and Patched Sections: Repaired and Patched sections will
not be acceptable unless each individual section so repaired and
patched shall have first been inspected and approved by the Engineer,
fot repair and patching at the manhole plant. Repairs to and patching
of O-Ring grooves and shoulders will not be permitted.
I 5.
Abs01:ption: Absorption shall not exceed 9 percent when determined
in accordailce with ASTM C 497, as amended to date.
MANHOLE BRICK.;.
Brick for grade adjustment shall be whole hard burned common brick conforming to ASTM C 32
Grade MS, as amended to date. A maximum of 3 courses shall be used. .
CONCRETE WORK:
Concrete of the respective classes for manhole bottoms, bedding, blocking, head walls, piers and
other miscellaneou~ structures shall be as called for in the work to which they pertain. All concrete
work will comply with the Georgia D.O. T. Standard Specifications, 1993: .
REINFORCING STEEL AND 1\1ISCELLANEOUSMETAL:
Reinforcing steel, structural steel, miscellaneous iron, and steel and iron castings shall confOml to
these specifications and shall be as called for in the work to which they pertam. They shall comply
with (}eorgia D.O.r. Standard Specificati~!ls, 1993.
UNLOADING, HAULING, DI~TRIBUTING, AND STORINGPJPE AND RELATED
MATERIALS: .
The Contractor shall unload, haul, distnbuteand store pipe and related materials as follows:
A
Unloading: Equipment and facilities for unloading, hauling; and distributing and
storing materi81sshall be furnished by the Contractor.
B.
Handling: Pipe, fittings and other materials shall be carefully handled so as to prevent
breaking and/oqlamage;
C.
Distributing: Materials shall be distributed and placed so as to least interfere with
traffic. No street or roadway may be closed without first obtaining permission of the
) .
proper authorities. The Contractor shall furnish and maintain proper warning signs
and obstruction lights. for the protection of traffic along highways, streets and
roadw~ys upon which material is distributed. No distributed materials shall pe placed'
in drainage ditches. ;
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D.
S!ora,ge: All pipe, fittings and other materials which cannot be distributed along the
route of the work shall be stored for subsequent use when needed. The Contractor
shall make his own arrangements for the use of storage areas.
1.
Ductile Iron. Pipe: Ductile iron pipe must be stockpiled on level
. ground. Timbers must be placed under the pipe for a base and to
prevent dIrt and debris from washing into the pipe.
2.
PVC Pipe:. PVC pipe must be stockpiled on level ground. Ifpipe is
unloaded individually by hand, timbers must be used under the pipe for
a base, spaced the same as factory load, with stop blocks nailed at
either end.
If pipe is unloaded in units, the l!nits must be placed on level ground
and shall not be stacked more than two (2) units high.
LOCATION AND GRADE: .
The line and grade of the sewer, and the position of manholes and other structures shall be as shown
on the plans or as directed in writing by the Engineer. The price for trenching shall include the trench
for the depth below the grade line necessary to lay the sewer. to this grade, but measurements for
payment will be made only to the grade line.
All lines and grades shall be laid out by the Contractor from the controlling lines and bench marks
established by the Engineer, or from measurements shown. All lines and grades shall be subject to
checking by the Engineer but that checking shall in no way relieve the Contractor from responsibility
fortheircorrectness. The Contractor shall provide such stakes, materials, labor and assistance as the'
Engineer may require in laying-out work, establishing bench marks and checking and measuring the
work.
ORDER OF WORK:
The Owner reserves the right to accept and use portions of the work when it is considered to be in
the public's interest to do so. The Owner shall have the authority to establish the order in which the
lines shall be 'worked.
INSPECTION:
All work and materials are subject to inspection by an Augusta Utilities Inspector assigned to the
project. The Inspector has the right to reject work and/or materials that do not conform to the plans
and inspections. Improper work shall be reconstructed and materials which do not conform to the
requirements of this Section shall. be removed from the work upon notice being received from the
Engineer of the rejection of those materials. .
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ORGANIZATION OF WORK:
The Contractor shall so organize his work that backfilling and cleanup shall closely follow pipe laying
operations and manhole construction.
F or work outside the. streets and roadways, work shall be performed in such manner that not more
. than five hundred (500') feet of trench shall remain open at anyone time.
Failure on the part of the Contractor to comply with the above provisions in a reasonable manner, in
the opinion of the Engineer, shall be sufficient cause for the Engineer to order a temporary shut-down
of further trenching and pipe laying operations until the provisions have been met.
REMOVING AND RESETTING FENCES:
At all locations where existing fences must be removed to permit construction of the sewer, the
Contractor shall remove the fences and, as the sewer construction progresses, reset the fences in their
original location and to their original co~dition. During construction, the Contractor shall provide'
temporary fencing, or employ other safeguards, which will prevent livestock from wandering to other
property .
PROTECTION OF OTHER UTILITIES AND STRUCTURES:
D.amage to. existing utility lines, services, poles, and structures shall be repaired or replaced by the
Contractor at his own expense. The approximate positions of certain known underground lines may
be shown for information. . A miriimuin clearance of ten feet (10') horizontal and eighteen inches (18 ")
. vertical must be maintained between new sewer lines and existing water mains. Existing small lines
are not shown. The Contractor shall. locate existing small lines and other possible existmg unknown
. utility lines, with an electronic pipe finder and shall excavate and expose 'all existing underground lines
in advance of trenching operations. RemoVing and relaying of water and/or sanitary sewer lines and
appurtenanc~s which constitute an obstruction to the completed line and grade of the new work, in
the opinion of the Engineer, will be made at the expense of the Owner, unless otherwise shown on
the Drawings to be altered by the Contractor. .Removing and relaying of lines and appurtenances
other than those related to water and sewer shall be coordinated with the appropriate utility company.
Maintain a minimum offifteen (15).feet from buildings and tops' of banks oIwater bodies.
PROTECTING TREES, SHRUBBERY, AND LAWNS:
. . .
. . .
Trees and shrubbery along trench lin~s crossing developed private property shall not be clisturbed
unless absolutely necessary, subject to approval by theErigineer, Trees and shrubbery to be removed
shall be properly heeled-in and replanted. Heeling-in and replanting shall be done under the direction .
of an experience nurseryman. Care shall be' exercised to protect the roots of trees to be left standing.
Within the branch spread of the tree, trench shall be opened only when the work can be mstalled
immediately. Injured roots shall be primed cleanly and backfill placed as soon as possible. .
Where sewer trenches cross private property' through established lawns, sod shall be cut, removed,
stacked and maintained in suitable condition until replacement is approved by the Engineer. Topsoil
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underlying lawn areas shall likewise be removed and kept separate from general excavated materials
and will be replaced at the SUtface of the trench in back filling. In lieu offemoving and replacing sod,
the Coritractor may, if approved by the Engineer, regrass lawns by seeding or. sprigging with grass
of the same type as the established lawn.
. BEDDING OF PVC AND DUCTILE IRON PIPE:
All pipe shall be laid on foundations prepared in accordance with the following specifications.
A. i PVC Pipe: PVC pipe shall be laid as specifiedusing the following classes of bedding
required for the various type soils and conditions encountered. Bedding for PVC pipe
shall be in accordance with ASTM D 2321, as amended to date, the manufacturers
recommendations and these speciflcations.
1. Bedding Material: Class I Materials shall be used for bedding and
haunchirig in all conditions. Class IT, Class Ill, Class IV, and Class V
materials Will not be permitted for bedding and haunching under any
condition.
2. Depth of Bedding: Trench shall be undercut to allow' for.~ minimum
of six inches (6") of bedding material. Bell holes shall be excavated
in the bedding material to allow for unobstructed assembly of the joint.
but care shall b.e taken t6 assure that bell hole is no . larger than
necessary to accomplish proper joint assembly. After joint assembly,
material shall be placed under and around the entire length of pipe and
compacted.' Compaction up to one-half the outside diameter of the
. pipe and the full width of the ditch shall be of the same material used
in the bedding. Backfillihg shall then be carried to' a point six inches
(6") above the top of pipe, using hand tools for tamping. . If the
remaining backfill materiai contains large, particles which could
damage the pipe from impact during placement the initial backfill shall
be increased to twelve inches (12") above the top of the pipe.
Puddling will not be allowed as a method of compactio~. The
remaining backfill shall be as specified in "Selected Backfill" and
"General Backfill" paragraphs of these specifications. Pipe shall have
at least thirty six inches (36") of cover before wheel loading and at
. least forty eight inches (48 ") of cover before using heavy duty tamping
equipment such as a hydrohammer.
3. Definition of Bedding Material: Class I, IT, Ill, IV, and V materials
are defined as follows:
Class I .;. Angular 1/4 to 3/4 inches graded stone. Latest revision of
ASTM C 33 - Gradation #67 (ASTM #67) or #57 (ASTM #57) are .
acceptable. .
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Class IT - Course sands and gravels with maximum particle size of 3/4
inches including variously graded sands and gravels containing small
percentages of fines, generally granular and non-cohesive, either wet
or dry..'
Class III - Fine sand and clayey (clay filled) gravels, including fine
sands, sand-clay mixtures and gravel-clay mixtures. .
Class IV - Silt, silty clays and clays, including inorganic clays and silts
of medium to high plasticity and liquid limits.
Class V - _ This class iticludesorganic soils as well as soils containing
frozen earth; debris, rocks larger than 1-1/2 inches in diameter, and
other foreign materials. .
. C.
Bedding ofDuctileJron Pipe: Ductile iron pipe for gravity sewers shall be laid as
specified using the following type of bedding required for the depth of cover for the
various sizes of pipe to be installed.
1. Flat bottom trench on undisturbed earth. Backfill shall be as specified
in the "Selected -Backfilling" and "General Back:fi11ing" paragraphs.
2. . . Pipe bedded in 4-inches of select materials (may be excavated material
iffree from rocks, foreign material and frozen earth). Backfill shall be
as specified in the "Selected Back:fi11ing" and "General Back:fi11ing"
paragraphs.
D.
Payment: No extra payment will be made for bedding, the cost therefore to be
induded in the prices bid for sewers.
TRENCH WIDTHS:
Trench widths and depths (where applicable) forPVC pipe.
A.
pVC Pipe: The maximum trench widths and depths with the various classes of
bedding and required conditions shall be as follows:
1.
Trench Width: The maximum clear trench width at the top of the pipe
shall not exceed a width equal to the normal pipe diameter plus sixteen
inches (16"). If this width is exceeded or the pipe is installed ,in a
compacted embankment, pipe embedment shall be compacted to a
point at least 2.5 pipe diameters from the pipe on both sides of the
pipe or to the trench walls, whichever is less.
2.
Compaction: If the proper compaction cannot be obtained with
materials from trench excavation, the Contractor will be required to
use select refill. .
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LAYING GRAVITY SEWER PIPE:
All sewer pipe shall be laid upgrade,. spigots shall point downgrade. The pipe shall be laid in the
trench so that, after the sewer is completed; the invert surface shall conform accurately to the grades
and alignment fixed or given by the Engineer. The interior of all pipes shall be carefully freed of all
dirt and superfluous material of every description, as pipe layillg proceeds. Defective joints
discovered after laying shall be repaired and made tight. Defective pipe shall be removeq and proper
replacement made.
A. I PVC Pipe with Elastomeric Joints: Proper implements, tools and equipment shall be
, used for placement of the pipe in the trench to prevent damage. Under no'
circumstances may the pipe be dropped into the trench. In subfreezing temperatures,
caution shall be exercised in handling pipe to prevent impact damage. All pipe shall
be carefully examined for cracks, blisters, nicks, gouges, severe scratches, voids,
inclusions, and other defects before laying. If any pipe is discovered to be defective
after having being laid, it shall be removed and replaced with sound material at the
expense of the Contractor.
1. . Assembly ofGasketed Joint: The assembly of the gasketed joint shall
be performed as. recOlnmended by the pipe manufacturer. The
elastomeric gaskets may be supplied separately in cartons or pie-
po~itioned in the bell joint or coupling at the factory. When gaskets
are color-coded, the Contractor shall consult the pipe manufacturer or
his literature for the significance. In all cases, the gasket, the bell or
coupling interior, especially the groove area (except when the gasket
is permanently installed) and the spigot area' shall be cleaned with a
rag, brush, .paper towel to remove any dirt or foreign material before
the assembling. The gasket pipe spigot bevel, gasket groove~ and
sealing surfaces shall be inspected for damage of deformation. When
. gaskets are separate, only gaskets which are designed for and supplied
. with the pipe shallbe used. They shall be inserted as recommended
by the manufacturer.
Lubricantused shall be supplied by the pipe manufacturer and shall be.
applie~ as specified by the pipe manufacturer.
2.
Lubrication: After lubrication, the pipe is ready to be joined. Good
alignment of the pipe is essential for ease of assembly. Align the
spigot to the bell and insert the spigot into the bell until it contacts the
gasket uniformly. Do not swing' or "stab" the joint, that is, do not
suspend.the'pipe and swii1g it into the bell. The spigot end of the pipe
is marked. by the manufacturer to indicate the 'proper depth of
insertion.
Ifundue resistance to insertion of the pipe end is encountered, or the
reference mark does not position properly, the joint shall be assembled
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B.
and the position of the gasket checked. If it is twisted or pushed out
of its seat ("fishmouthed"), the Contractor shall inspect components,
and repeat the assembly steps. Both pipe lengths must be concentric
. alignments. If the gasket was not Qut of position, the Contractor shall
verifY proper location of the reference mark. The reference mark shall
be relocated if it is out of position.
3.
Field Cut: Field cut pipe to be joined shall be square cut using a .
hacksaw, handsaw or p'ower'saw with a steel blade or abrasive disc.
The pipe..shall be marked around its entire circumference prior to
cutting to assure a square cut. A factory-finished beveled end shall be
used as a guide for proper bevel angle, and depth of bevel plus the
distance to the insertion reference mark. The end may be beveled
using a pipe beveling tool or a wood rasp which will cut the correct
. taper. A portable sander or abrasive disc may be used to bevel the
pipe end. Any sharp' edged on the leading edge ofthe bevel must be
rounded offwith a pocket knife or a file. .
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4.
Deflection Testing: The maximum deflection in the installed PVC
. pipeline shall not exceed 5% of the pipes original internal diameter.
Deflection testing will be required using either a defectometer or a
"GQ-NO-GQ" mandrel. The Engineer shall randomly select portions
of the project to be deflection tested. Such portions shall consist of
. not less than 5% or"the total reaches (Reach being .lengths of pipe
bet:ween two manholes} in the project (excluding house leads) .
Where deflection is. found to be excess of 5% of the origffial pipe
. diameter, the Contractor shall excavate to the point of excess
deflection and carefully compact around the point where excess
detl,ection was found. The line shall then be retested for deflection.
However, should' after the initial testing the deflected pipe fail to
return to the original size (inside diameter) the line shaIibe replaced.
ill the event that deflection occurs beyond the 5% limit in any section
0[5% ore more of the reaches test, the entire system shall be tested.
Ductile Iron Pipe with MechanicaI or Push-On Joints: Proper and suitable tools and
equipment shall be used for the safe and convenient handling and laying of ductile iron
pipe. Care s~all be .taken to prevent damage to the exterior coating aild interior
cement lining. All pipe shall be carefully exa.rnined for cracks and other defects before
laying. If any pipe ~r fitting is discovered to be defective after having being laid, it
shall be removed and replaced with sound material at the expense of the Contractor.
Whenever pipe is required to be cut, the cutting shall be done by skilled workmen
using an abrasive wheel cutter. Use of a cold chisel or oxyacetylene torch will not be.
penrrritted. .
~ TS-22
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1.
Mechanical Jointing: Mechanical joints shall be made only by
experienced mechanics. Sockets aild spigots shall be washed with
so~py water before slipping gland and gasket. over the spigot end of
the pipe.
The spigot shall be inserted in the socket full depth, then backed off
1/4 inch to provide clearance for eXpansion. . The gasket shall be
brushed with soapy water and shall be pushed into position, making
sure the gasket is evenly seated in the socket. The gland shallthen be
moved into position for compressing the gasket. All bolts and nuts
shall be made "finger-tight"
For joints made in trenches, the bolts shall be tightened to a uniform
tightness, using a torque wrenph for tightening. Bolts shall be
tightened alternately 180 degrees apart.
2.
"Push-On" . Type Joints: The groove and bell socket shall be
thoroughly cleaned and lubricated before the gasket is inserted.
Before inserting the gasket, it shall be thoroughly. lubricated and
manufacturers instructions shall be followed for proper facing and .
seating of gasket. After the gasket is in. place and just prior to joint
assembly, a generous coating of lubricant shall be applied to the.
exposed gasket surface. The lubricant used shall be a lubricant
supplied by the. pipe m~ufacturer.
The plain end shall be inspected and any sharp edges which. might
damage the gasket shall be removed by means of a file or a power
grinder. Pipe that is cut.in the field must be ground and beveled
before assembly. Prior to inserting the plain end of the pipe into the
bell socket lubricant shall be applied to the beveled nose of the pipe.
Small pipe may be pushed home with a long bar but large pipe will
require additional power such as a jack, lever or backhoe. A timber
header shall be used between the bell and bar or other power to avoid
damage to the pipe.
During assembly of the pipe, the joint must be kept straight while
. . pushing. Pipe may be deflected if desired but only after the assembly
is complete.
3.
Mechanical Joint or Push-On Joint Pipe on Piers: Mechanical or Push
On Jointpipe may be used on piers in gravity sewer lines. Pipes shall
be laid with 1/4 inch clearance in eachjoint to provide for expansion. '.
Jointing of pipe shall be as descnbed above. On mechanical joint pipe,
the bolts shall be tightened alternately 180 degrees apart,' but 'be left
''finger-tight'' until the sewage is diverted into the sewers; then the
TS-23
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bolts shall be further tightened a sufficient amount which will prevent
slippage which may occur because of temperature stress.
PLACING PRECAST CONCRETE MANHOLES OR CONSTRUCTING BRICK
MANHOLES:
. Precast concrete manholes, brick manholes, or a combination or precast concrete and brick manholes
shall be placed or constructed where shown and/or directed by the Engineer. Manholes shall be 4,
5, and 6 feet in diameter as determined from the schedule of pipe sizes and line deflections, or as
shown. I
The top of manholes outside of.roads, streets, and highways shall be built to grades twelve inches
(12") above ground sm:face unless otherwise shown on the Drawings. Manholes in roads, etc. shall
be built to grade designated by the Engineer. Vented manholes shall be constructed to elevations as
shown on the Drawings. Brick manholes shall not be used within the rights-of-way of county roads.
Manholes shall be placed and/or constructed as follows:
A.
B.
PreCast Concrete Manholes: Precast concrete manholes shall be bedded on not less
than .six inches (611) of compacted crushed stone at Contractor's expense. The
crushed stone shall extend to not less than six inches (6") outside the walls of the .
manhole, and sh~lbe compacted under entire length of pipe within manhole
excavation.
1.
Connection of Pipe to Manholes: Connections of pipe to manhole for
4-inch through IS-inch pipe shall be made with a flexible joint system.
The joint system shall be a neoprene or synthetic rubber boot or
sleeve, either cast or core drilled into the wall of manhole. The boot.
or sleeve shall be clamped and seated to the pipe with a stainless steel
band. The' boot or sleeve system shall be ''Lock Joint Flexible
Manhole Sleeves" as manufactured by Interpace Corporation,
Parsippany, New Jersey, or 'XOR-N-Seal" as manufactured by
National Pollution Control Systems, Inc., Nashua, New Hampshire or
equal. . Connections of pipe to manhole. shall have a minimum
clearance of one inch (1 ") and shall be filled from the inside' of the
manhole with a Non-shrink grout.
2.
Adjustment: The top of the concentric top section shall have a
minimum wall thickness of eight inches (8") to accommodate brick
courses for height adjustment. A maximum of three (3 ) brick courses
will be allowed for adjustment of manhole to required grade.
Drop Connections: Drop connections will be required, where called for on the
. Drawings, or as determined by the dimensions shown in "Drop Manhole Schedule",
shown on the Drawings. . Drop pipe shall not-be smaller than 8 inches. Generally drop
pipe shall be one size smaller than the sewer which they serve.. Openings in walls of
. TS-24
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. precast concrete manho~es for drop connections shall not be made at joints. Drop
connection fittings and riser pipe shall be encased in brick and mortar or formed Class
<'C" concrete. Drop connections for both brick and precast concrete manholes shall
. conform with typical details .as shown on the Drawings. Drop connections shall be
carefully back:fi1led to prevent dangerous side pressure.
C.
Manhole Inverts: Manhole inverts shall be carefully constructed with cement grout,
Class ''E'' concrete, or cement mortar brickwork; special care shall be taken to lay the
. channel and adjacent pipes to grade. Cement mortar shall be made of one (1) part
cement and two (2) parts clean sharp sand. Channels shall. be properly formed,
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rounded, and troweled smooth. The connections of the sewer with the wall and
. channel of the manhole shall be tight and smooth.
D.
Manhole Steps: Manhole steps shall conform to the details shown. Steps for brick
manholes shall be installed along a vertical centerline, on approxilnately 15" centers.
Steps shall be firmly: and securely built into manhole walls as brickwork proceeds.
Steps for precast concrete manholes shall be installed along a vertical centerline, on
'approximately 14" to 16" centers.
Manhole Frames and Covers: Manhole frames and covers shall be as detailed and
shown on the Drawings and as called for in the proposal and shall include setting to
fiIiished grade as required, and grouting in place.
E.
CONNECTIONS TO EXISTING SEWERS:
At locations where new sewers are shown to h.e'connected to existing sewers at a new manhole, the
Contractor shall first expose the existing sewer and install a supporting timber beam with suitable
straps around the pipe so as to bridge the excavation for the new manhole. The manhole shall then
be constructed complete with invert and frame and cover. Under special conditions, the Contractor
may temporarily block and/or divert sewer flows to facilitate the construction operations. Actual
physical connection of the sewer will be made at a later date, as directed.
IDGHW A Y CROSSING:
The Contractor shall install pipe lines across highways in accordance with the applicable regulations
of the State Highway Department and as shown on the Drawings.
CONCRETE PIERS:
Concrete piers for ductile iron pipe . shall be' constructed of Class (CA'; concrete, and shall he
constructed as shown on the Standard Detail Drawing. If rock is encountered, piers supporting pipe
lines across streams shall be anchored into the rock, as shown on the Detail Drawings, so.as not to
resist overturning dUring periods of flood stages in the stream. Holes not smaller than two and one-
half inches (2 WI) in diameter by two feet (2') deep shall be drilled into the rock after. excavation for
the footing is complete; No. 6 reinforcing bars shall be embedded in grout made with high-'early
strength cement poured int9 the holes. In wet holes, grout shall bedeposited with a tremie. Straight
TS-25
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bars shall be used, and shall be bent over for anchorage after the concrete has attained its full strength.
Where unusually poor soil conditions are encountered, the Engmeer may direct that spread footings
of concrete be constructed, or that pin piles be driven for support of piers.
CLOSING PIPE:
When the work of pipe-laying is suspended for the night, and at other times, the end of the sewer shall
be closed with a tight cover. . The Contractor shall be responsible for keeping the sewer free from
obstruction. .
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TESTING AND CLEANING:
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Before acceptanCe of any sewer or systems of sewers, lines shall be cleaned and tested in accordance
with these' Specifications. Where any obstruction is met, the Contractor will be required to clean the
sewers by means of rods, swabs, or other instruments. Lines and manholes shall be clean before final
inspection. Pipe lines shall be straight and show a uniform grade between manholes. The
Contractor shall be required to correct any variations therefrom which may be disclosed during the
inspection. New Sewer Lines shall be inspected through use of camera inspection equipment with
an Augusta Utilities Department Inspector at time of installation and again before the ope-year
warranty expires.
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LEAKAGE TESTS:
All sewer lines, including in-house service lines, shall be tested for leakage, ii:1 the presence of the
engineer or his representative, before being placed into service. These shall be conducted by one or
a combination of the following three methods:
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Infiltration Test: Where natural ground water levels stand a minimum of two feet (2')
above the top of the pipe, the amount of leakage may be determined from
. measurements made at the' lower end of the sewer section under test. Sewers above
the test section shall be closed before testing by the installation of suitable watertight
bulkheads. The length of the test section shall be determined by the Engineer. The
average of six readings at five minute intervals will be used to determine the rate of
infiltration for anyone test .section.
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The rate of infiltration of ground water into any test section of sewer, including
manholes, shall not exceed 100 gpd/inch diameter/mile.
Exfiltration Test~ Where natural ground water levels do not stand two feet (2') above
the top of the pipe, an exfiltration test shall be conducted on each section of the
sewer. The test shall be"performed up to an average maximum hydrostatic head of .
ten feet (10'). The test shall be conducted in the following manner.
The ends of the pipe in the test section shall be closed with suitable watertight
bulkheads. Inserted into each bulkhead at the top of the sewer pipe shall be a 2-inch
pipe nipple with aD. elbow. . At the upper end ofthe test section a riser pipe shall be
TS-26
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installed. The test section of the pipe shall be filled through the pipe connection in the
lower bulkhead which shall be fitted with a tight valve, until all air is exhausted and
. until water overflows the riser pipe at the upper end. Water may be introduced into.
the pipe twerity-four (2) hours prior to the test period to allow complete saturation.
House service lines, if fustalled, shall also be fitt~d with suitable bulkheads having
provisions for the release of air while the test section is being filled with water.
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During the test period, which shall extend over a period of thirty (30) minutes, water
shall be introduced into the riser pipe from measured containers at such intervals as
are necessary to maintain the water level at the top of the riser pipe. The total volume
. I of water added during the thirty (30)iminute test period shall not exceed that shown
for infiltration in (a) above.
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Low Pressu~e Air Test: Where sewer grades are such that preclude performance of
the exfiltration test or at the Contractor's option, a low-pressure air test shall be
conducted on each section of sewer after completion and before acceptance.
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Prior to air testing, the section of sewer between manholes shall be thoroughly
cleaned and wetted. Iminediately after cleaning 'or while the pipe is water soaked, the
sewer shall be tested with low pressure air. . At the Contractor's option, sewers may
be tested in lengths between manholes or in short sections (25 ft. or less) using Air-
Lock balls pulled through the line from' manhole to manhol~. Air shall be slowly
supplied to the plugged sewer section until internal air pressure reaches approximately
4.0 psi. After this pressure is reached and the pressure allowed to stabilize
(approximately 2 to 5 minutes), the pressure may be reduced to 3.6 psi before staring
the tests. If a 1.0 psi drop does not occur within the test time, then the line has passed
the test. If the pressure drops more than 1.0' psi during the test time, the line is
presumed 'to have failed the test and the Contractor will be required to locate the
failure, make necessary repairs, and retest the line. Minimum test time for various
pipe sizes, in accordance with ASTM C 828, as amended to date, is as follows:
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Nominal Pipe Size (Inches) . .
8
10
12
15
18
24
30
T(time) Min/lOO Feet
1.2
1.5
1.8
2.1
2.4
3.6
4.8
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Required test equipment include Air-Lock balls, braces, air hose, air source, timer,
rotometer as applicable, cut,.off valves, pressure reducing valve, 0-15 pressure gauge,
0-5 pressure gauge with gradations in 0.1 psi and accuracy of :1:2%.
The Contractor shall keep record of all tests made. Copy.of such records.will be
giyen to the Engineer.orthe Owner. Such records shall show.date, line number and
stations, operator and such other pertinent information as required by the Engineer:
.TS-27
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The Contractor is cautioned to observe proper safety precautions in performance of .
the air testing: It is imperative that plugs be properly secured arid that care be
exercised in their removal. EvelY precaution shall be taken to avoid the possibility of
. over pressurizing the sewer line.
D.
. Repairs: All visible leaks shall be repaired regardless of whether infiltration,
exfiltration or air test is within allowable limits. No sewer will be accepted until
leakage tests demonstrate compliance with one of the above leakage test methods.
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CLEANING UP: .
Before the work is considered complete, all material not used, and rubbish of every character must
be removed from the project. All streets, sidewalks, curbs, fences, and other private or public
facilities and structures disturbed must be in essentially as good condition as existed before the work
was done. Any subsequent settlement of backfill. or pavement over trenches shall be replaced by the
Contractor and the surfaces brought to grade.
ACCEPTANCE OF WORK:
Sewer lines and appurtenances will not be considered ready for acceptance until all provisions of the
Specifications' have been complied with, until all tests have been satisfactorily completed, and until
inspection of the work has been made. Sewage flows shall not be diverted into new sewers until after
such time as final inspection of the lines'has been made by the Engineer, and peimission grated
therefor. .
P A Yl\'lENT:
All items included in these Specifications shall be paid forat the unit prices shown in the bid form. .
No. separate payment will be made for items not shown.
SECTION T-8 - GRASSING
SCOPE:
This section covers the furnishing of all labor and materials and the performance of all work required
to assure the establishment of a dense permanent cover of common Bermuda grass on all areas off
the site disturbed by construction operations.
SEED BED PREPARATION.:
Final grades will be established as shown on the plans prior to any seed bed preparation. Washes, low
spots and hillocks or windrows will be evened 'and the bed will be smoothed to facilitate uniform
drainage after establishment of the turfbefore tillage is begun. Graded surfaces will be maintained
in a smooth and even condition until the required cover is established.
TS-28
After the areas to be seeded have been brought to an even and smooth grade, they shall be thoroughly
loosened to a depth ofleastsix (6) inches by plowing, disking, harrowing, or. other approved methods
until the tillage is acceptable as suitable for seeding. During tillage operations, the surface shall be
cle.ared of all roots, cable, wire, or other waste material which might hinder final grading, planting,.
or subsequent maintenance operations. Any operations of the Contractor, shall be smoothed out
before seeding operations are begun.
. FERTlLIZATION:
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Fertilization shan be distributed uniformly at a rate of 1,500 pounds of commercial 1 0-1 0-1 0 analysis
fertilizer per acre, and shall be incorporated into the soil. to a depth of approximately three (3) inches
by disking, harrowing, or by other approved methods. The incorporation of fertilizer may be apart
. of the tillage operation specified above, or a part of the hydro seeding procedure as described below:
Immediately following, or simultaneous with, the incorporation of fertilizer, lime shall be distributed
at the rate of2,000 pounds per acre and shall be incorporated into the soil to a depth of at least three
inches by disking, harrowing, or other acceptable methods. The incorporation of lime aiong with the
fertilizer may form a part of the tillage operation specified above.
Not less than 30 days after completion of seeding, the Contractor shall furnish and apply Nitrate of
Soda or Ammonium Sulphate to the planted areas. Nitrate of Soda shall be commercial product,
Containing not less than 16 percent Nitrogen and .Ammonium Sulphate not less 20 percent Nitrogen.
The Nitrogen fertilizer shall be Uniformly spread and distributed with approved equipment at the rate
that will give not less than 60 pounds of available Nitrogen per acre. Other commercial types of
nitrogenous material may be substituted at the option of the Contractor. The time of application shall
be limited to the season of June through August.
SEEDING:
. Permanent grass cover will consist of Common Bermuda seeded in accordance with one of the
. following methods:
Between the dates of February 15 and' August 31, Hulled Common Bermuda seed and Browntop
. Millet seed shall be applied at a rate of 10 pounds of seed per acre, each.
. If seeding is undertaken between August 31 and February 15:. Unhulled Common Bermuda seed shall
be applied at a rate of 10 pounds of seed per acre simultaneously with Abruzzi Rye seed at a rate of
168 pounds per acre.
Seed may be. applied by means .of a Hydroseeder or other means approved by the Engineer.
COMPACTION:
Immediately after seeding operations have been completed, the areas shall be compacted by means
of a cultipacker, roller wood' float, or other approved equipment sufficiently weighted, or compacted
by hand methods, to reduce air pockets to a minimum. The completed planted areas shall be left with
a firm, even surface, free from abrupt humps and hollows, and to the established grade.
TS-29
MULCHING:
All areas planted to pennanent grass 'shall be uniformly mulched with hay or straw at the rate ~f 1 1;2
tons per acre, except where hydroseedirig is employed using cellulose mulch mixed with the seed and
fertilizer.
ACCEPTANCE: .
Grassed areas will be accepted when a 95 percent cover by permanent grasses is obtained and weeds
are not domiiiant.
APPLICABLE SPEClFICATIONS:
Included by reference in this section are the requirements of Section 700, Grassing, Standard.
Specifications for Highway Construction of the Georgia Department of Transportation, Edition of
1972. .
MEASUREMENT - PAYMENT:
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Work perfonned under this section will be paid for at the lump sum price for Grassing appearing in
the Proposal Bid Schedule. Payment therefor will include full compensation for all materials, labor
and equipment required to establish the required permanent stand of grass.
TS-30.
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Date:
(;, /2-tjo ,
SECTION P
PROPOSAL .
. , Gentlemen:
In compliance with your invitation for bids dated /?/a..y I~, Zoo I , the undersigned
hereby proposes to furni$h all labor, equipment, and materials, and to perform all work for the
. installation of streets, and appurten~c!s r~ferred to herein as:
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Vassar Drive Sanitary SewerExtension
Project:
in strict accordance with the Contract Documents and in consideration of the amounts shown on the
Bid Schedule attached hereto and totaling: ;::;'t.-fy Ode -rhoo/$c.-cl hve ,L/'h?c/.~d
jJ,;"e;/.r ~o I 9'000 . (!I.s~ 5"12 "1;).' .
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 required by the Contract Documents.
The undersigned further agrees that, if awarded the contract, he will commence the work
within.J.Q.. calendar days after the date of written notice to proceed, and that he will complete the
work within ~ working days after the date of such notice. .
The undersigned acknowledges receipt .of the followmg addenda:
Respectfully Submitted,
fflo:.;,... c;"7s,.j-rc.<-c...f.. .0--7 , ~~,
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(Name of Firm)
~o. 80"'::'. 77c.
(Business Address)
EV__-?~I C;;eo.-~,''''-. . 3'0250. '}.
(City, State & Zip)
BY:OJ~Rv~
Title: ?R85Il>13H'-
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VASSAR DRIVE
SANITARY SEWER EXTENSION
I J N:S:R DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL AMOUNT
II m-1CDJ \ 5"(;/0 OD
lump Sum Construction 1 Lump Sum S'(;;,lo ~
, 24- 2./
~ Road Cuts 8. Repair 600 Un FI /~52&.~
II ~116 Overlay for Road Repair - 1 1/2" Type E 2630 Sq Yds 1-~ lo.s-<78 ~
sa:>-a:04 ~' Sanitary Sewer S'ertvce 108 Un FI /7 34- /872- 72-
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Il~ S' Sanitary Sewer Serivce 15 Un Ft /7 !l. ZtP<7 ~
11= Clean Outs 2 Each / S-? !!::. f / 4.- (;,0
an pvc Sanitary Sewer (10' or less) 603 Un FI 22 !!. 133Bo S-?
1668-3300 Sanitary Sewer Manhole 3 Each /S33 ?2 4(po/ ;?/ .
95J. 4-1''7 . J 2-
20r-occo Foundation Backfill Material, Type II 44 CubIc Yard
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C:'w/-,,,,c-I, ~
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CONTRACTOR
.::z:-n C-
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V ASSAR DRIVE
SANITARY SEWER EXTENSION
ADDITIONAL ITEMS OF CONSTRUCTION TOBE PERFORMED BY THE
CONTRACTOR, IF REQUIRED,"AS' DETERMINED BY THE ENGINEER:
(PLEASE STATE UNtT PRI~ES):
1. Select Refill Material - Stone, Type 1/
2 00
0-
Rock Excavation*
q e.> C>
/0 -
Ton
Cubic Yds
*Note: rock excavation is defined as earth material encountered during excavation
which cannot be removed or excavated with nonnal excavation equipment. The
quantity of.rock excavation work will be.computed by the engineer on the basis of
measurements taken by the engineer.
FAILURE TO QUOTE REASONABLE PRICES FOR ADDITIONAL ITEMS.MAY
CAUSE THE BID TO BE REJECTEDII
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[jJeaVt &tt6 tJtuctilmJ :1~.
Post Office Box 770
Evans, Georgia 30809
PHONE (706) 868-1950 FAX (706) 868-1855
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BfDDERS QUALIFlCATION STATEMENT
Blair Construction, Inc. currently holds a "Certificate Of Qualification (# 2 B L 150)" from the Georgia Department of TranspOltation
with a maximum capacity rating of $31 ,300,000.
Listed below are recent projects of siniilar size and/or nature to which B lair Construction, lnc. has successfully completed.
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1.
Hephzibah McBean / Brothersville Road Intersection Improvements
Augusta/Richmond County, GA
Contract Amount: $411,571.00
2.
Harlem Water System Improvements
City of Harlem, GA .
Contract Amount: $507,502.00
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Old Waynesboro Road 16" water Main Extension
Augusta/Richmond County, GA
Contract Amount: $565,561.00
4.
Rae's Creek Trunk Replacement
Augusta/Richmond County, GA
Contract Amount: $2,653,711.00
5.
Bedford Heights Water & Sewer Improvements
Augusta/Richmond County, GA
Contract Amount: $896,712.00
6.
Old Washington Road Improvements
Columbia County, GA
Contract Amount: $737,740.00
7.
Jim Blanchard WTP 48" Water Line Extension
Columbia County, GA
Contract Amount: $868,830.00
8.
Jefferson County Drainage & Roadway Improvements
Jefferson County, GA
Contract Amount: $50 1,719.00
9.
Waynesboro Sanitary Sewer Rehabilitat"ion
City of Waynesboro, GA
Contract Amount: $647,505.00
Respectfully Submitted:
L&~R.~
William R: Mutimer, President
Date: 6/z/ 0 I
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BID BOND'
Conforms witQ The AmerIcan Institute of Architects, A.IA
Document No. A.310
KNOW AL~ BY THESE PRESENTS, That we, Blair Construction, Inc., PO Box 770, Evans, Georqia 30809
as Principal, hereinafter called the Principal,
and the National Fire InslJrance Company of Hartford
of CNA Plaza, Chicago, Illinois 60685
, a corporation dilly organized under
the laws of the State of
Connecticut
, as Surety, hereinafter called the Surety, are held and firmly bound unto
Augusta-Richmond County Commission, 530 Greene St., Room 605, Augusta, Georgia 30911
as Obligee, hereinafter called the Obligee,
in the sum of 10% of bid - - - - - - - - - - - " - - - - - - - - - - - - - - - - - - - - - - - - . - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Dollars ($10% of bid ) for the payment of which sum well and truly to be made, the said Principal and the s~d
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 Vassar Drive Sanitary Sewer Extension
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 ?f labor and .
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond
or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in
said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered
by said bid, then this obligation shall be null and void; otherwise to remain in full force and effect.
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Signed and sealed this
21st
day of
June
Blair Construction,lnc.
2001
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(Seal)
Principal
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Title
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Witness
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Witness
National Fire Insurance Company of Hartford.
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By C(ELL Jf 4::fA..
Buck Leigh
Attorney-ill-Fact
)\~~:F:Z -' d-J -A' ,
I S.{)054/GEEF 10/99
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-iN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an illinois corporation, NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING
PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies'),. are duly organized and existing
I corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals
. herein affixed hereby make, constitute and appoint '.
James D. Thaxton, Theodore J.Marek, Buck Leigh, G. A. Weathersby, Individually
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of Columbia, South Carolina
their true and lawful Attorn~y(s)-in~Fact with full power and authority hereby conferred to'sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature .
- In Unlimited Amounts -
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and to bind them thereby as fully and to the same extent as jf such instruments were signed by a duly authorized officer of their corporations
and all the acts e,f said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
I This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
hereof, duly adopted, as indicated, by the Boards of Directors .of the corporations.
In Witness Whereof, the cce Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 28th day of October 1999
I Marvin J. Cashion Group Vice President
State of Illinois, County of Cook, ss: "
On this 28th day of October , 1999, before m~personally came
I Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, .
and AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA described in and which executed the above instrument; that he
knows the seals of said corporations; that the .seals affixed to the said instrument are such corporate seals; that they were so affixed
I pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,
and acknowledges same to be the act and deed of said corporations.
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: .OFFICIAL SEAL. : . . .
: DIANE FAULKNER : 7'./ ---,.., -_ () J' .
: Hotart PubIo, 8Ca1o of Inlno!. . ~ ~
· My CommlNIon EJqWet 9/17/01 :. .
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iV' :0/1/97)
CONTINENTAL CASUAL TV COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
A1;;;~L7t;;;?::G' PENNSYLVANIA
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My Commission Expires September 17, 2001.
Diane Faulkner
Notary Public
Mary A. Ribikawskis
Assistant Secretary
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KNOW ALL MEN BY THESE PRESENTS:
I That Blair a:mt.m:tia1. lix:. . as Principal, hereinafter called Contractor, andl8tia:Bl.E'lIE
:insuran::E c:tnJ;any of H:u:tfardj a corporation organized and existing under the laws of the State of Cr:I1rB::tiOlt
I . I with its principal office in the City of Cl'ri.CECP . State of . I11.in::rl.s . as Surety, h~reinafter
called Surety, ~re held and finnly bound unto the Augusta Commission, as Obligee, hereinafter caned the
Owner. for tJ:t.E! use and benefit of claimants a~ hereinbelow defined in the amount of Fifty One Thousand Five Mundred
I. Ninety Two & 97 h~ollars . .
($ .51. 592.97' ) for the payment whereof Contractor and Surety bind themselves; their heirs, executors,
administrators, successors, and assigns, jointly and severally, finnly'by these presents. .
LABOR AND MATERIAL PAYMENT BOND
929 2D4 401
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY YV'TH PERFORMANCE BOND, IN FAVOR OF THE
OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.)
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WHEREAS, Contractor has by written agreement dated entered into a contract
with OwnerfQr the construction of VASSAR DRIVE SANITARY SEWER EXTENSION, Augusta, Georgia in
accordance with drawings and specifications issued by Southern Partners, Inc.,'which'contract is by reference
made a part hereof, and is hereinafter referred to as the CONTRACT.
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NOW, THEREFORE, the condition of this obfigation is such. that, if the Contractor shall promptly
make payment to all claimants as hereinafter defined, for .alllabor and material used or reasonably required to
use in. the perfonnance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full
force and effect, subject, however, to the following conditions:.
(1) A claimant is denned as one having a direct contract with the Contractor or with a subcontractor of the
Contractor for labor, material, or both, used or reasonably required for use in the performance of the
contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental of equipment directly applicable to the CONTRACT.
{2} The above named Contractor and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of ninety {90}
days after the date on which the last of such claimanfs work. or labor was done or perfonned, or' materials
were fumished by such daimant, may sue on this bond for the use of such claimant, prosecute the suit to
final judgment for such sum or sums as may be justly due claimant, and have execution thereon.' The
OWner shall not be liable for the payment of any costs or expenses of any such suit.
(3) No suit or action shall be commenced hereunder by any claimant, .
(a) Unless claimant, other than one having a direct contract with the Contractor, shall have given
written nOtice to any two of the following: The Contractor, the Owner, or the Surety above named, within
ninety (90) days after such claimant did or perfonned the last of the work. or labor, or furnished the last
of the materials for which said claim is made, stating with substantial accuraCy the amount claimed and
the name of the party to whom the materials were furnished, or for whom the work or labor was done
or perfonned. Such notice shall. be served..by mailing the same by registered mail or certified mail,
postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place Where an
office regularty. maintained for the transaction of business, or served in any manner in which legal
process may be served in the state in which the afofesaid project is located, save that such service need
not be made by a public officer.
(b) After the expiration.of orie (1) year following the date on which Contractor ce~sed 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.
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(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.
Signed and sealed this
A.D. 2001., ";:,, :'
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By Blair Q:nstru::ticn, Ire.: o. 0 ~(Sealr
(Contractor) .. ~ - '" ~ ~~ -- ,
. ,...... ,"
BYo~'~oD!;~'V\ Rr{t/t~,." .~ .(~~al),"'/
(Title) -P.R8IP~
day of
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Witness ~~ c::; . -:D~
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Attest mp/:J2. 'rr-1 " ')~
Witness ~rCX:t -' I~./
Attes! 9-f ~.
Natirnal Fire :rrsrran:e O:npmy of (Seal)
B1rtford (Surety) '. . .
By :5~.c4..v.~ . sif;.n(Seall
'. (Titl Att.arMy.::.:in-Fact
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Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all parfn/efs, should ex~cute
Bond. . ~
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CIs l:?f. 'Y? A.J~xO- 'Z5"k.,.~~ CA resid31t cg:nt
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929 a>4 401
PERFORMANCE BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND, IN FAVOR OF THE
OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.)
KNOW ALL MEN BY THESE PRESENTS:
That Blair O::I1stru:::ti.m, In:::. - ,as Principal, hereinafter called Contractor, and l'aUaBl.
Fire Insuran::e O::np:my of Imt.:Eani, a corporation organized and existing under the laws of the State of -
Cl:11rB:ti0lt ,~th its principal office in the City of 0ri.c:egJ , State of I1.1:iOOis , as Surety,
hereinafter, called Surety, are held and finnlv boung unto the. AUgu~ta. Commission, as Obligee, hereinafter
called the Owner, in the penal amount of Fifty One Thousand Five Hundred Ninetv 'ThIO & 97/100 for the payment
whereof Contractor and Surety bind themselves,-their heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents for the faithful performance of'a certain written agreement.
WHEREAS, Contractor has by said written agreement dated entered into a contract
with Owner for ~e construction of VASSAR DRIVE SANITARY SewER EXTENSION, Augusta, Georgia, in
accordance with the drawings and specifications issued by Southern Partners, Inc., which contract is by
referen~e made a part hereof, and is hereinafter referred to. as the CONTRACT.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and
faithfully perform.said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full
force and effect.
The Surety hereby waives notice of. any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT,
the Owner having performed OWner's obligations thereunder, the Surety'may promptly remedy the default, or
shall promptly .
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. (1) Complete the CONTRACT in accordance with'its terms and conditions, or
(2) . Obtain a bid or bids for completing the Contract in accordance with its terms and
conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner
elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and Owner, and make available as Work. progresses
(even though there shOUld be a. default or a succession of d~faults under the contract or
contracts of completion arranged under tt)is 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. r:>aid 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. . .
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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.
Signed and sealed this
day of
A. D. 2001.
f .
Witness ~~ S .-::J::>.dL-
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Blair O:::nstru::tim, In:::. l ~(Sealf ':
"'" .. . ':'\.,'" ~-'
(Contractor)]_' ::.... ~~,
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By bt~A Df1o."JW\ 1~ (Seal~-:;-~"':- --~/
(TItle) 7>I?Blb~~.~ ~ ~",/
N:1tiaal Fire Insuran:E. CbrpIDy of
. Hartford.
.. ". . '. (Seal)
Allest 'fn p~ Yn ~+
Wi~ess Jit '1 rX~r
(Surety)
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By 1:;~ /'':It.. :/ (Seal)
. (Tltl . .At4-nmdi_i.n-Fc:ICt
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Allest JR. e--L-
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Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partriers'-sho~l,d'execute
Bond.
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-iN-FACT
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Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING
PENNS~LVANI~, a Pe~ns~'v~nia corpor~tion (he.rein collectively called "the CCC Surety Companies"), are duly organized and existing
corp?ratlons haVing their principal offices In the City of Chicago. and State of Illinois, and that they do by virtue of the signature and seals
herein affixed hereby make, constitute and appoint
James D. Thaxton, Theodore J. Marek, Buck Leigh, G. A. Weathersby, Individually
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of Columbia, South Carolina
I their true and 'a~u' Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
I and to bind them the~eby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and aUthe acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
I hereof. duly adopted, as indicated. by the Boards of Directors of the corporations.
In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 28th day of October 1999
I State of Illinois, County of Cook, ss: "
On this 28th day of October 1999 ,before m~personafly came
Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois;
I that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he
knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,
I and acknowledges same to be the act and deed of said corporations.
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. · OFFICIAL SEAL. :
: DlANE FAUU<NER :
: Motafy ~ "'e of UllnGle 0
. My CommIaIoft ExpIrM 8/17101 :
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CERTIFICATE
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
A/;;;;L:/t;;t::G. PENNSYLVANIA
Marvin J. Cashion
Group Vice President
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My Commission Expires September 17,2001
Diane Faulkner
Notary Public
I I Mary A. Ribikawskis Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD and AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the
I said corporations this day of
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(Rev.10/1/97)
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CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
LtYh~.
'lCla
Mary A. Ribikawskis
Assistant Secretary
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Authorizing By-Laws and Resolutions
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ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUAL TV COMPANY:
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This Power of Attorney is made and executed pursuant to and by authority of the fOllowing By-Law duly adopted by the Board of
Directors of the Company.
"Article IX-Executlon of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive. Senior or
Group Vice President may. from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds. undertakings and .other obligatory instruments of like nature. Such attomeys-in-fact, subject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the
President or any Executive. Senior or Group Vice Presidentor the Board of Directors. may, at any time, revoke all power and authority
previously given to any attomey-in-fact:
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
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"Resolved, that the signature of the President or any Executive. Senior or Group Vice President and the seal of the Company may
.be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws. and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and.
any .power or certificate bearing such facsimile' signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certified by certificate so executed and sealed shall. with respect to any bond or undertaking to which it is
attached. continue to be valid and binding on the Company."
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ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
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This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article VI-Executlon of Obligations and Appointment of Attorney-In-Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or
Group Vice President may, from time to time. appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of~olicies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice
President may at any time revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted~y the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February. 1993.
"Resolved. that the signature of the President or any Executive. Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is
attached, continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
"RESOLVED: That the President, an Executive Vice President. or any Senior or Group Vice President of the Corporation may, from
time to time, appoint. by written certificates. Attomeys-in-Fact to act In behalf of the Corporation in the execution of policies of insurance,
bonds, undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact. subject to the limitations set forth in their
respective certificates of authority. shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach the seal of the Corporation thereto. The President. an Executive Vice President. any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact:
This Power of Attorney is signed and sealed by facsimile under and by the authority of the 'following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and .the seal.
of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of .
Directors on February 17. 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall
with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation."