HomeMy WebLinkAboutDean's Bridge Road MSW Landfill
Augusta Richmond GA
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Contract Documents and
Specifications
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for
Dean's Bridge Road MSW Landfill
Phases liB & IIC Grassing
Augusta-Richmond County
Bid Item 00-097 A
Closing Date August 30, 2000
Prepared by
Department of Public Works & Engineering
Engineering Division
June 2000
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TABLE OF CONTENTS
Page
Invitation to Bid
Instructions to Bidders
00010-1
00100-1
Bidding Requirements and Documents
Bid
Bid Bond
Partnership Certificate
Corporate Certificate
Noncollusion Affidavit of Prime Bidder
Noncollusion Affidavit of Subcontractor
00200-1
00310-1
00320-1
00330-1
00340-1
00350-1
Contract Documents
Contract
Performance Bond
Payment Bond
00400-1
00510-1
00520-1
Notice of Award
Notice to Proceed
Certificate of Owner's Attorney
00530-1
00540-1
00550-1
Contract Regulations
General Conditions
Supplemental General Conditions
00600-1
00700-1
Detailed Specifications
Occupancy
Coordination of Work
Grades, Lines and Levels
Regulatory Requirements
Preconstruction Conference
Progress Meetings
Construction Scheduling
Construction Facilities
Temporary Utilities
Job Site Security
Dust Control
Transportation and Handling
Storage and Protection
Cleanup
01010-1
01020-1
01030-1
01110-1
01210-1
01220-1
01230-1
01240-1
01250-1
01260-1
01270-1
01280-1
01290-1
01310-1
Landfill Grassing/6-16-00
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I Project Record Documents 01320-1
Warranties and Bonds 01330-1
I Clearing and Grubbing 02010-1
Temporary Erosion Control 02020-1
I Grassing 02100-1
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landfill Grasslng/6-16-00 2
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INVITATION TO BID
Augusta-Richmond County. Georaia
(Owner)
Separate sealed Bids, in duplicate, for furnishing of all materials labor, tools,
equipment, and appurtenances necessary for Bid Item #00-097 A, Dean's Bridge
Road MSW Landfill Grassing, will be received by the Owner at the offices of Geri
Sams, the Augusta-Richmond County Purchasing Department, 530 Greene Street,
Room 60S, Augusta, GA 30911, until 3:00 p.m. local time on August 30, 2000, and
then at said office publicly opened and read aloud.
The project consists of the following:
An approximately 6-acre landfill side slopes and top grassing and
appurtenances.
Each prospective bidder must be selected by Augusta-Richmond County specifically
for this project and have been notified by the County of their selection.
A mandatory prebid conference and site visit will be held at Augusta-Richmond
County Purchasing Department, 530 Greene Street, Room 60S, Augusta, Georgia
30911 on August 10, 2000 at 2:00 p.m. All selected bidders must attend the prebid
conference and site visit to acquaint themselves with the site and scope of work.
Copies of the Contract Documents and Specifications will be available from the
Purchasing Department. Only selected bidders will be allowed to attend the
meeting. Any selected bidder that does not attend the prebid conference and site
visit will be disqualified from bidding and their bids will not be accepted.
After the Prebid Conference, the Instructions to Bidders, Form of Bid, Form of
Contract, Forms of Bid Bond, Performance Bond, Payment Bond, Specifications,
and other Contract Documents may be examined during business hours at the
following:
Augusta-Richmond County Solid Waste Facility
4330 Deans Bridge Road
No partial sets of documents will be provided.
Award, if award is made, will be to the lowest responsive, responsible bidder on the
lump sum bid per the bid proposal form.
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Each Bid must be accompanied by a cashier's check on a duly authorized bank, a
certified check of the Bidder, or a bid bond prepared on the Form of Bid Bond
attached hereto, duly executed by the Bidder as principal and having as surety
thereon a surety company listed in the latest issue of U.S. Treasury Circular 570,
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in the amount of ten percent (10)% of the Bid. Certified checks or cashier's checks
shall be made payable to the Owner. Such checks or bid bonds will be returned
promptly after the Owner and the accepted Bidder have executed the Contract, or,
if no award has been made within ninety (90) days after the date of the opening of
Bids upon demand of the Bidder at any time thereafter, so long as he has not been
notified of the acceptance of his Bid.
Each Bid must be submitted in a sealed envelope, addressed to the Owner. Each
sealed envelope containing a Bid must be plainly marked on the outside as, "Bid
Item #00-097A, Bid for Dean's Bridge Road MSW Landfill Grassing."
If forwarded by mail, the sealed envelope containing the Bid must be enclosed in
another envelope addressed to the Owner.
Any and all Bids not meeting the aforementioned criteria for Bid submittal, will be
declared nonresponsive, will not be opened, and will be returned to the Bidder
unopened.
All Bids must be made out and submitted on the proposal form furnished for this
purpose and in accordance with the instructions in the Instructions to Bidders. No
interlineations, additions, or deletions shall be made in the proposal form by the
Bidder.
The Owner reserves the right to waive any informalities or to reject any or all Bids,
to evaluate Bids, and to accept any Bid which in its opinion may be for the best
interest of the Owner.
Bidders are cautioned that sequestration of bidding documents through any source
other than the office of the Purchasing Department is not advisable. Acquistion of
bidding documents from unauthorized sources placed the bidder at the risk of
receiving incomplete or inaccurate information upon which to base his proposal.
No Bids will be received or accepted after the above specified time for the opening
of Bids. Bids submitted after the designated hour will be deemed invalid and
returned unopened to the Bidder,
The successful Bidder for this Contract will be required to furnish a satisfactory
Performance Bond and Payment Bond in the amount of 100% of the Bid.
It is the wish of the Owner that minority businesses be given the opportunity to bid
on the various parts of the work. This desire on the part of the Owner is not
intended to restrict or limit competitive bidding or to increase the cost of the work.
The Owner supports a healthy free market system that seeks to include responsible
businesses and provide ample opportunity for business growth and development.
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No Bidder may withdraw his Bid within ninety (90) days after the actual date of the
opening thereof.
OWNER:
AUGUSTA-RICHMOND COUNTY, GEORGIA
(Date)
Landfill GrassingJ7-25-00
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2.
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INSTRUCTIONS TO BIDDERS
1.
ReceiDt and ODenine of Bids
Augusta-Richmond County, Georgia (herein called the "Owner"), invites
Bids from the selected bidders on the form attached hereto, all blanks of
which must be appropriately filled in. Bids will be received by the Owner
at Augusta Richmond County Purchasing Department, 530 Greene Street,
Room 605, Augusta, GA 30911, until 3:00 p.m. local time, on August 30,
2000 and then at said place publicly opened and read aloud.
The Owner may consider informal any Bid not prepared and submitted in
accordance with the provisions hereof and may waive any informalities or
reject any and all Bids. Any Bid may be withdrawn prior to the above
scheduled time for the opening of Bids or authorized postponement
thereof, Any Bid received after the time and date specified shall not be
considered. No Bidder may withdraw a Bid within 90 days after the actual
date of the opening thereof.
PreDaration of Bid
Each Bid must be submitted on the Bid for Contract forms bound in the
Contract Documents. All blank spaces for Bid prices must be filled in, in
ink or typewritten, in both words and figures. (In case of discrepancy, the
amount shown in words will govern.) All required enclosed certifications
must be fully completed and executed when submitted.
Each Bid must be submitted in a sealed envelope, addressed to the
Owner. Each sealed envelope containing a Bid must be plainly marked on
the outside as, "Bid Item #00-097 A, Bid for Dean's Bridge Road MSW
Landfill Grassing."
If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another envelope addressed to the Owner at Augusta-
Richmond County Purchasing Department, 530 Greene Street, Room 605,
Augusta, GA 30911.
Any and all Bids not meeting the aforementioned criteria for Bid submittal,
will be declared nonresponsive, will not be opened, and will be returned to
the Bidder unopened.
Subcontracts
The Bidder is specifically advised that any person, firm, or other party to
whom it is proposed to award a subcontract under this Contract must be
acceptable to the Owner.
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4.
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Telearaohic Modifications
Any Bidder may modify his Bid by telegraphic communication at any time
prior to the scheduled closing time for receipt of bids, provided such
telegraphic communication is received by the Owner prior to the closing
time, and, provided further, the Owner is satisfied that a written
confirmation of the telegraphic modification over the signature of the
Bidder was mailed prior to the closing time. The telegraphic
communication should not reveal the Bid price but should provide the
addition or subtraction or other modification so that the final prices or terms .
will not be known by the Owner until the sealed Bid is opened. If written
confirmation is not received within two days from the closing time, no
consideration will be given to the telegraphic modification.
Method of Bidding
The unit or lump sum price for each of the several items in the proposal of
each Bidder shall include its pro rata share of overhead and profit so that
the sum of the products obtained by multiplying the quantity shown for
each item by the unit price represents the total Bid. Any Bid not
conforming to this requirement may be rejected as informal. The special
attention of all Bidders is called to this provision, for should conditions
make it necessary to revise the quantities, no limit will be fixed for such
increased or decreased quantities nor extra compensation allowed,
provided the net monetary value of all such addition or subtraction in
quantities of such items of work (Le., difference in cost) shall not increase
or decrease the total original contract price by more than twenty-five (25%)
percent, except for work not covered in the Specifications as provided for
under "General Conditions" and "Supplementary Conditions."
Qualifications of Bidder
The Owner may make such investigations as he deems necessary to
determine the ability of the Bidder to perform the work, and the Bidder shall
furnish to the Owner all such information and data for this purpose as the
Owner may request. The Owner reserves the right to reject any Bid if the
evidence submitted by, or investigation of, such Bidder fails to satisfy the
Owner that such Bidder is properly qualified to carry out the obligations of
the Contract and to complete the work contemplated therein. Conditional
Bids will not be accepted.
Bid Security
Each Bid must be accompanied by a cashier's check on a duly authorized
bank, certified check of the Bidder, or a Bid Bond prepared on the Form of
Bid Bond attached hereto, duly executed by the Bidder as principal and
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8.
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having as surety thereon a surety company listed in the latest issue of U.
S. Treasury Circular 570, in the amount of ten percent (10%) of the Bid
Certified checks or cashier's checks shall be made payable to the Owner.
Such checks or Bid Bonds will be returned.promptly after the Owner and
the accepted Bidder have executed the Contract, or, if no award has been
made within 90 days after the date of the opening of Bids, upon demand
of the Bidder at any time thereafter, so long as he has not been notified of
the acceptance of his Bid.
Liauidated Damages for Failure to Enter into Contract
The successful Bidder, upon his failure or refusal to execute and deliver
the Contract and Bonds required within 10 days after he has received
notice of the acceptance of his Bid, shall forfeit to the Owner, as liquidated
damages for such failure or refusal, the security deposited with his Bid.
Time for Comoletion and Liauidated Damaaes
Bidder must agree to commence work on or before a date to be specified
in a written "Notice to Proceed" of the Owner and to fully complete the
project within 45 consecutive calendar days thereafter. Bidder must agree
also to pay as liquidated damages the sum of $500.00 for each
consecutive calendar day thereafter as hereinafter provided in the General
Conditions.
Conditions of Work
Each Bidder must inform himself fully of the conditions relating to the
construction of the project and the employment of labor thereon. Failure
to do so will not relieve a successful Bidder of his obligation to furnish all
material and labor necessary to carry out the provisions of his Contract.
Insofar as possible the Contractor, in carrying out his work, must employ
such methods or means as will not cause any interruption of or
interference with the work of any other Contractor.
Addenda and Interoretations
No interpretation of the meaning of the Specifications, or other prebid
documents will be made to any Bidder orally.
Every request for such interpretation should be in writing addressed to
Purchasing Director, Augusta-Richmond County, Room605, 530 Greene'
Street, Augusta, Georgia 30911, and to be given consideration must be
received at least five (7) 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 faxed and later mailed by certified mail with return receipt requested
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12.
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to all prospective Bidders (at the respective addresses furnished for such
purposes), not later than three (3) 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 a part of the
Contract Documents.
Security for Faithful Performance
Simultaneously with his delivery of the executed Contract, the Contractor
shall furnish a surety Bond or Bonds as security for faithful performance of
this Contract and for the payment of all persons performing labor on the
project under this Contract and furnishing materials in connection with this
Contract, as specified in the General Conditions included herein. Surety
companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact
business in the state where the project is located.
Power of Attorney
Attomeys-in-fact who sign Bid Bonds or Contract Bonds must file with each
Bond a certified and effectively dated copy of their Power of Attorney.
Notice of Soecial Conditions
Attention is particularly called to those parts of the Contract Documents
and Specifications which deal with the following:
(a) Inspection and testing of materials
(b) Insurance requirements
(c) , Surveys, permits, and regulations
Laws and Regulations
The Bidder's attention is directed to the fact that all applicable State laws,
municipal ordinances, and the rules and regulations of all authorities
having jurisdiction over construction of the project shall apply to the
Contract throughout, and they will be deemed to be included in the
Contract the same as though herein written out in full.
Obligation of Bidder
At the time of the opening of Bids each Bidder will be presumed to have
inspected the site and to have read and to be thoroughly familiar with the
Contract Documents (including all addenda). The failure or omission of
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17.
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any Bidder to examine any form, instrument, or document shall in no way
relieve any Bidder from any obligation in respect to his Bid.
Execution of Bid Documents
The Contractor, in signing his Bid on the whole or any portion of the work,
shall conform to the following requirements:
(a) Bids which are not signed by individuals making them shall have
attached thereto a Power of Attorney evidencing authority to sign
the Bid in the name of the person for whom it is signed.
(b) Bids which are signed for a partnership shall be signed by all of the
partners or by an attorney-in-fact. If a Bid is signed by an attorney-
in-fact, there should be attached to the Bid a Power of Attorney
executed by the partners evidencing authority to sign the Bid.
(c) Bids which are signed for a corporation shall have the correct
corporate name thereof and the signature of the President or other
authorized officer of the corporation manually written below the
corporate name following the wording "By "
Corporation seal shall also be affixed to the Bid.
Method of Award - Lowest Qualified Bidder
The Contract will be awarded to the responsive, responsible Bidder
submitting the lowest Bid complying with the conditions of the Invitation to
Bid. Award will be made on the basis of the prices given in the Base Bid
plus schedule of values. The Bidder to whom the award is made will be
notified at the earliest possible date. The Owner reserves the right to
reject any and all Bids and to waive any informality in Bids received
whenever such rejection or waiver is in its interest.
A responsive Bidder shall be one who submits his Bid in the proper form
without qualification or intent other than as called for in the Specifications
and who binds himself on behalf of his Bid to the Owner with the proper
Bid Bond or certified check completed and attached, and who properly
completes all forms required to be completed and submitted at the time of
the bidding.
A responsible Bidder shall be one who can fulfill the following
requirements:
(a) The Bidder shall maintain a permanent place of business. This
requirement applies to the Bidder where the Bidder is a division of
a corporation, or where the Bidder is 50 percent (50%) or more
owned by a person, corporation, or firm.
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(b) The Bidder shall demonstrate that he has adequate landscape
management experience and sufficient equipment resources to
properly perform the work under and in conformance with these
Contract Documents. This evaluation will be based upon a list of
completed or active projects and a list of equipment available to the
Bidder to perform the work.
(c) The Bidder shall demonstrate that he is familiar with the work under
these Contract Documents. This evaluation will be based upon a
list of major equipment items the Bidder proposes to furnish and a
list of subcontractors the Bidder proposes to use in prosecuting the
work.
(d) The Bidder shall demonstrate that he has financial resources of
sufficient strength to meet the obligations incident to the
performance of the work covered by these Contract Documents.
The Bidder shall complete the Statement of Bidder's Qualifications
in the Bid Proposal form.
(f) The Bidder shall furnish all data required by these Contract
Documents. Failure to do so may result in the Bid being declared
nonresponsive. Acceptance of the Bidder's documentation and
substantiation or Contract Award by the Owner does not relieve the
Bidder of liability for nonperformance as covered in the Contract
Documents, nor will the Bidder be exempted from any other legal
recourse the Owner may elect to pursue.
19.
Emolovment of Local Labor
Preference in employment on the project shall, insofar as practicable, be
given to qualified local labor.
** END OF SECTION **
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BID
Project Description:
Proposal of
(hereinafter called "Bidder'), doin
To Augusta-Richmond County (hereinafter called "Owner").
Gentlemen:
The Bidder, in compliance with your Invitation to Bid for landfill grassing
project having examined the Specifications with related documents and the site of
the proposed work, and being familiar with all conditions surrounding the proposed
grassing project including the availability of materials, labor, equipment and water,
hereby proposes to furnish all labor, materials and supplies, and to construct the
project in accordance with the Contract Documents, within the time set forth therein,
and at the price(s) stated below. This price(s) is to cover all expenses including
overhead and profit incurred in performing the work required under the Contract
Documents, of which this proposal is a part.
Bidder hereby agrees to commence work under this Contract on or before
a date to be specified in the written "Notice to Proceed" of the Owner and to fully
complete the project within 45 consecutive calendar days thereafter as stipulated
in the Specifications. Bidder further agrees to pay as liquidated damages, the sum
of $500.00 for each consecutive calendar day thereafter as hereinafter provided in
the General Conditions. '
Bidder acknowledges receipt of the following addenda: if- I
B(J..cJ2- ~ rj.,&- ,,'r-~~~ ~- at ~~
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Base Bid: Bidder agrees to perform all the work of the Dean's Bridge Road MSW
Landfill, Phases II B & IIC (6-acre area) Grassing complete with appurtenant and
accessory work described in the Specifications and shown on site visit within 45
consecutive calendar days for the lump sum amount of:
Total Base Bid* ~ 1J...()W:'.J.~..,J~ ~
dollars ($ tj 0 D C (") ).
.
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CONTRACTOR's Schedule of Values
For changes in quantities (add or deduct) of the following work items directed by the
Engineer in writing, the following unit prices are bid below. Changes in quantities
required to accommodate equipment as bid have been reflected in the Price Bid
and shall not be subject to adjustment. Unit prices listed here will include all
material, labor, testing, taxes, and any other cost required to provide a complete
and established grassing. These unit prices must be shown. The Owner reserves
the right to negotiate or reject any unit price listed for changes in work prior to
execution of the Agreement if, in the opinion of the Owner, the unit prices listed do
not reflect fair and competitive prices for the work or at the time any extra work is
executed.
Dollars and Cents
&-l1D$/ DtJ ("~r/fRiJ i I/1At $".'( ~ ~
The Bid stated hereinbefore shall include all labor, materials, bailing, shoring,
removal. overhead, profit, insurance, etc" to cover the finished work of the several
kinds called for, Selected subcontractor's forms must be completed and
accompany the Bid.
CONTRACTOR's SCHEDULE OF VALUES
Item
No. Description Unit
1, Removal of unsuitable material and C.Y.
replace with suitable soil
2, Grassing (established growth) S.Y.
3. Fertilizer (material and application) 100LBS
4. Limestone (material and application) 10DlBS
5. Soil Excavation C.Y.
Unit Price Bid
($
Dollars and Cents
DOlla;~~1!:J ~$ .SO)
-f5;,... I~~ ($ /0,01)
Dollars and Cents
M c~ ($ h,oiJ
Dollars and Cents
($
f. ,;L. I.' D
Bidder understands that the Owner reserves the right to reject any or all Bids and
to waive any informalities in the bidding.
The Bidder agrees that this Bid shall be good and may not be withdrawn for a
period of 90 calendar days after the scheduled closing time for receiving Bids.
Upon receipt of written notice of the acceptance of this Bid, Bidder will execute the
formal Contract attached within ten (10) days and deliver a surety Bond or Bonds
as required by the General Conditions'. The Bid security attached in the sum of ten
percent (10%) of the total Bid is to become the property of the Owner in the event
the contract and bonds are not executed within the time above set forth, as
liquidated damages for the delay and additional expense to the Owner caused
thereby.
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Respectfully submitted:
,/~ U- NT t?'; f3 is V /--:: A f? /11. s
By: /c1~ ~ ~.
. Signature
Title: tJ LUr'.Jr.-.
Address:
/911 /is'GA lA-q /J LA t~ e f( d..
,
AhA fA /J tN1 t.Jvs-fA . S J c. u/
. . ,. ;.7 P,
ATTEST:
C~f)d.j~~O ~ Q l\
Name_"\4nd ~'t:.ll )-len,s,J~~
(Please Type) ,
Titre .~~ rvlCl/\lQ~ t-.....)
(SEAL)
Note: Attest for a corporation must be by the corporate secretary; for a partnership
by another partner; for an individual by a Notary.
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I Selected Subcontractors
I The Bidder proposes to employ the below listed subcontractors:
Subcontractor
I Address
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I Subcontractor
Address
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I Su bcontractor
I Address
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I Subcontractor
Address
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I Subcontractor
I Address
I
Subcontractor
I Address
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1---...-. ----,--,-, ."_'._u..___. .---.--------------- _. -- .----------------.--, -.---..----- '---________. ..__ _____._._ ..._ '__' .,.. _._ N. . _ _.. _._.:
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RICHMOND CO BOARD OF COMM.
EXACTLY **6000 AND 00/100 DOLLARS
$
$6,000.00
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COUNTRY BOY FARM
DArE
8/30/00
IcASHIER'S CHECK
SECURITY FEDERAL BANK
AUTHORIZED SIGNATURE
~~~c~~.
'URCHASE OF AN INDEMNITY BONO Will BE REDUIREO BEFORE ANY
I'S CHECK OF THIS BANK Will BE REPLACED OR REFUNDED IN
THE EVENT IT IS lDST, MISPlACED DR STOLEN.
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11-0 27 Ir 5 511- I: 25 l 27 1r8 2 21: 5 ~ Ir 1..000 ~ 5 ~II-
.. .. ... 00. . .... o. __... _ .... .. "" .._... _............. __ ....... .'_ _._ ._...._..... _.... __.._ ..__.._ .... _._ ........ _._ ._.oo. ...._. _'oO ...._. ..._._. __ ..... ___. . _. ... __.... ......._. _ .
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as
as Surety, are hereby
as Owner
percent (10%) of the total Bid which equals
for the payment of which, well and
truly to be made, we hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors and assigns.
Principal, and
held and firmly bound unto
in the penal sum of ten
The condition of the above obligation is such that whereas the Principal
has submitted to Augusta-Richmond County a certain Bid, attached hereto and
hereby made a part hereof to enter into a Contract in writing for the grassing of
Dean's Bridge Road MSW Landfill, Phases liB & IIC.
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and
deliver a contract in the Form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a Bond for his faithful performance of
said Contract, and for the payment of all persons performing labor or furnishing
materials in connection therewith, and shall in all other respects perform the
agreement created by the acceptance of said Bid, then this obligation shall be void,
otherwise the same shall remain in force and effect; it being expressly understood
and agreed that the liability of the Surety for any and all claims hereunder shall in
no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its Bond shall be in no way impaired or affected by
any extension of the time within which the Owner may accept such Bid: and said
Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and Surety have executed this
Bond by causing their respective names to be hereunto subscribed and their seals
to be hereunto affixed by their duly authorized officers, on this the day of
,20_.
Landfill Grassing/6-16-00
00310-1
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CONTRACTOR - PRINCIPAL:
By:
Attorney-I n-F act
Name:
(Please Type)
Title:
Address:
Telephone:
ATTEST:
Name
(Please Type)
Title
(SEAL)
Note: Attest for a Corporation must be by the corporate secretary; for a partnership
by another partner; for an individual by a Notary.
Landfill Grassing/6-16-00
00310-2
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SURETY:
By:
Name:
(Please Type)
Title:
Agency:
Address:
Telephone:
ATTEST:
Name
(Please Type)
Title
(SEAL)
Note: Surety companies executing bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to
transact business in the state where the project is located.
Resident Agent in State in which Work is to be performed:
Name:
Address:
Telephone Number:
** END OF SECTION **
Landfill Grassing/6-16-00
00310-3
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PARTNERSHIP CERTIFICATE
STATE OF
COUNTY OF
On this day of , 20_, before me personally
appeared known to me to be the person
who executed the above instrument, who, being by me first duly sworn, did depose
and say that he or she is a general partner in the firm of
and that said firm consists of himself
or herself and and that he or she executed the
foregoing instrument on behalf of said firm for the uses and purposes stated therein,
and that no one except the above named members of the firm have any financial
interest whatsoever in said proposed Contract.
Partner
Partner
Partner
Partner
Subscribed and sworn to before me, this
day of
,20_"
Notary Public
My Commission Expires:
(Date)
(SEAL)
NOTE: If only one partner signs, a Power of Attorney executed by all
other partners authorizing him or her to act in the name of the
company must be attached; otherwise, all partners must sign.
Landfill Grassing/6-16-00
00320-1
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CORPORATE CERTIFICATE
I, , certify that I am the Secretary of the
corporation named as Contractor in the foregoing proposal; that
who signed said proposal in behalf of the Contractor was then
of said corporation; that said proposal
was duly signed for and in behalf of said corporation by authority of its Board of
Directors, and is within the scope of its corporate powers; that said corporation is
organized under the laws of the State of
This
day of
,20_,
(SEAL)
Landfill Grassing/6-16-00
00330-1
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NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of
County of
)
)
, being first duly sworn, deposes and says that:
(1) He or she is
(Owner, Partner, Officer. Representative. or Agent)
of
, the Bidder that has submitted the attached Bid;
(2) He or she is fully informed respecting the preparation and contents
of the attached Bid and of all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners,
agents, representatives, employees or parties in interest, including this affiant, has
in any way colluded, conspired, connived or agreed, directly or indirectly with any
other Bidder, firm or person to submit a collusive or sham Bid in connection with the
Contract for which the attached Bid has been submitted or to refrain from bidding
in connection with such Contract, or has in any manner, directly or indirectly, sought
by agreement or collusion or communication or conference with any other Bidder,
firm or person to fix the price or prices in the attached Bid or of any other Bidder, or
to fix any overhead, profit or cost element of the Bid price or the Bid price of any
other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against Augusta-Richmond County or any person
interested in the proposed Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper
and are not tainted by any collusion, conspiracy, connivance or unlawful agreement
on the part of the Bidder or any of its agents, representatives, owners, employees,
or parties in interest, including this affian~.
(Signed)
(Title)
Subscribed and Sworn to before me this
day of
,20_"
(Title)
My commission expires
(SEAL)
(Date)
Landfill Grassing/6-16-00
00340-1
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NONCOLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of
County of
)
)
, being first duly sworn, deposes and says that:
(1) He or she is
(Owner, Partner, Officer, Representative, or Agent)
of
"Subcontractor";
hereinafter referred to as the
(2) He or she is fully informed respecting the preparation and contents
of the Subcontractor's Proposal submitted by the Subcontractor to
the Contractor for certain work in connection with the
Contract pertaining to the Project in
(3) Such Subcontractor's Proposal is genuine and is not a collusive or
sham Proposal;
(4) Neither the Subcontractor nor any of its officers, partners, owners,
agents, representatives, employees or parties in interest, including this affiant, has
in any way colluded, conspired, connived or agreed, directly or indirectly with any
other Bidder, firm or person to submit a collusive or sham Proposal in connection
with such Contract or to refrain from submitting a Proposal in connection with such
Contract, or has in any manner, directly or indirectly, sought by unlawful agreement
or connivance with any other Bidder, firm or person to fix the price or prices in said
Subcontractor's Proposal, or to secure through collusion, conspiracy, connivance
or unlawful agreement any advantage against Augusta-Richmond County or any
person interested in the proposed Contract; and
(5) The price or prices quoted in the Subcontractor's Proposal are fair
and proper and are not tainted by any coll~sion, conspiracy, connivance or unlawful
agreement on the part of the Bidder or any of its agents, representatives, owners,
employees, or parties in interest, including this affiant.
(Signed)
(Title)
Subscribed and Sworn to before me this
day of
,20_,
(Title)
My commission expires
(Date) (SEAL)
Landfill Grassing/6-16-o0 00350-1
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CONTRACT
THIS CONTRACT, made this 2nd day of October, 2000, by and between Augusta-
Richmond County, hereinafter called "Owner" and Harry Miller Jr. doing business
as Country Bov Farms hereinafter called "Contractor."
WITNESS: That for and in consideration of the payments and agreements
hereafter mentioned:
1. The Contractor will commence and complete the grassing
(established) of Dean's Bridge Road MSW Landfill Phases liB & IIC.
2. The Contractor will furnish all of the material, supplies, tools,
equipment, labor and other services necessary for the grassing (established ) and
completion of the project described herein.
3. The Contractor will commence work required by the Contract
Documents on or before a date specified in the written Notice to Proceed and will
comolete the erosion mats installation and temoorary grassing within 45 calendar
days, and oermanent arassing as soon as grassing season aooroaches. The
Contractor further agrees to pay as liquidated damages, the sum of $500.00 for
each consecutive calendar day thereafter as hereinafter provided in the General
Conditions.
4. The Contractor agrees to perform all of the Work described in the
Contract Documents and comply with the terms therein for the sum of sixtv
thousands ($60.000.00).
5. The term "Contract Documents" means and includes the following:
(A) Invitation to Bid
(B) Instructions to Bidders
(C) Bid
(D) Bid Bond
(E) Partnership or Corporate Certificate
(F) Noncollusion Affidavits
(G) Contract
(H) General Conditions
(I) Supplementary Conditions
(J) Payment Bond
(K) Performance Bond
(L) Notice of Award
(M) Notice to Proceed
(N) Change Order(s)
(0) Certificate of Owner's Attorney
Landfill Grassing/9-27 -00 00400-1
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(P)
(R)
Specifications and prepared or issued by Augusta-Richmond
County, dated June, 2000.
Addendum NO. 1 dated August 15, 2000
6. The Owner will pay to the Contractor in the manner and at such
times as set forth in the General Conditions such amounts as required by the
Contract Documents.
7. This Contract shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Contract in seven (7) copies each of
which shall be deemed an original on the date first above written.
Aug
~...J By:
~. Name:
Title:
w~ __~
~ :/
Name^E /fA:..:r /3., 4"/Yl:~
/J (Please Print or Type)
Title L {...&'7e.J::..
.~~
-'"
-~
!::-
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..... 'P.-
, .
o:;(SEAL}
"#,-
".C~
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Landfill Grassing/9-27-o0
00400-2
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CONTRACTOR:
C.O u..tJt,. y V30 y FIJ6'./fIv~)' /ifAJ,
By: /~ ~ Cf-.
Name: II (1 ~ fih} M ; /I efl ~ (K .
{Ple'ase Print or Type}
Title: e ~
Address:
/9'b ~ ~~.
/l.rJ:k ~'IS;G.
;,q! L{ I
ATTEST:
Name
"
{SEAL}
Note: Attest for a Corporation must be by the corporate secretary; for a partnership
by another partner; for an individual by a Notary.
Landfill Grassing/9-27-00
00400-3
Oct-11-00 07:34A
P.02
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that COUNTRY BOY FARM
& YARD CENTER , a corporation of the State of SOUTH CAROLINA)he
"Principal," and
WF.STERN SJIRF.TY COMPANY, P. 0 ROY c;on. ~TnTTX li'AT T c:: 1 ~n 5-1...1 17
Name 8Ild Add,... of Su,.sy
the "Surety," are held and firmly bound unto Augusta-Richmond County (the
"Owner") existing under and by virtue of the laws of the State of Georgia, in the sum
of $60.000 in lawful money of the United
States, for the payment of which sum in lawful money of the United States well and
truly to be made we do hereby bind ourselves, our heirs, executors, administrators,
successors, and assigns jointly and severally,
The condition of this obligation is such that whereas Principal has entered
into a certain Contract with the Owner, dated as of the 11 TH day of
OCTOBER , 200n....., which is by reference incorporated in and made a part
hereof as fully as if copied here verbatim, for the following work:
The grassing of Dean's Bridge Road MSW Landfill Phases liB & IIC.
NOW, THEREFORE, if the Principal shall in all respects comply with and
perform all the terms and conditions of the Contract (which includes Specifications,
and Contract Documents) and such alterations as may be made in said contract as
the documents therein provide for. during the original term thereof and any
extensions thereof which may be granted by the Owner, with or without notice to
Surety, and during the one year warranty period, and if Principal shall satisfy all
claims and demands and shall indemnify and save harmless the Owner against and
from all costs, expenses, damages, injury, or conduct, want of care, skill,
negligence, or default. including compliance with perfonnance guarantees and
patent infringement by the Principal, then this obligation shall be void; otherwise,
Principal and Surety jointly and severally agree to pay to Owner any difference
between the sum to which the Principal would be entitted on completion of the
contract and that which the Owner may be obliged to pay for the completion of the
work by contract or otherwise, together with any damages, direct or indirect, or
consequential, which Owner may sustain on account of such work, or on account
of the failure of the Principal to keep and execute all provisions of the Contract.
Principal and Surety further bind themselves, their heirs, executors,
administrators, and assigns, jointly ~nd severally, that if the Principal shall keep and
LandflU Gtasaing/8-16-00
00510-1
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Oct-11-00 07:34A
P.03
perform its agreement to repak or replace defective work or equipment during the
warranty period of one (1) year as provided, then this paragraph shall be void; but
if default shall be made by Principal in the performance of its contract to so repair
, or replace'said work, then this paragraph shall be in effect and Owner shall have
and recover from Principal and its Surety damages for all defective conditions
arising by reason of defective materials, work, or labor performed by or on the
account of Principal and it is further understood and agreed that this obligation shall
be a continuing one against the Principal and Surety hereon, and t~at successive
recoveries may be had hereon for successive breaches until the full amount shall
have been exhausted;' and it is further understood that the obligation therein to
maintain said work shall continue throughout said maintenance period, and the
same shall not be changed, diminished, or in any manner affected from any cause
during said time; and to fully save and hold the Owner harmless for any damages
it may be caused to pay on account of injury to person, loss of life or damage to
property.
And the Surety, for value received, hereby stipulates and agrees that the
obligations of the Surety and this Bond shall in no way be impaired or affected by
any extension of time, modification, omission, addition, or change in or to the
contract, the work to be performed thereunder, or by any payment thereunder
~~!~~)Jmlkl~JmHj~l~W llQh~Y~~~~~~'\9.'f8~~r.a~i,~~~'r~'?Jr~/~~"~ ClII~
to be performed, or of any moneys due to become due thereunder; and the said
Surety does hereby waive notice of any and all such extensions, modifications.
O~jRRjPRSIi::ll'frlit.inn.c:; :-PIMoo*:'rl\ ...oavmp..f'~~,wah1ftr.\...a~&;ifJl2mP.nt~1 r ~lll f;lr.nntr:::lds J~~I t=11t,;t:
....~. .lW....,., [] llt1nlruu~ v .\!NI~~y.!J'U,x..iU~''-Iv~vt:=Ia.' t3. '1'lIna u.l ~~Vi1Y~~ \Ac.A,<<!ll1I.J1UI'II JW~
to be done by and in relation to executors, administrators, successors, assignees,
subcontractors, and other transferees shall have the same effect as to said Surety
RR thounh nnJ1p. nr nmittAn tn hA nnnPl h~ ;;Inn in rpl;;ltinD tn thp"prif,l('in~1
... ...... It.". I
IN WITNESS WHEREOF, the Principal and Surety have executed this
Bond by causing their respective names to be hereunto subscribed and their seals
to be hereunto affixed by their duly authorized officers, on this the 11 TH day of
OCTOBER ,2000
.. .....-.-. -..- ---.;;1..-'''-......-" -..- --.---.",1' -.--.. ---.. ....--r-. -....-... ..--,.. -...-.
LaI'ldflll Gnlllling/6-1 fJ.OO
OOS1Q.2
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07:34A
P.04
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CONTRACTOR - PRINCIPAL:
COUNTRY BOY FARM & YARD CENTER
By:: /dA~ '( l.J.. ,J7'IJk..--..
Name: HARRY W. MILLER
(Please Print or Type)
Ti~e: SOLE PROPRTETOR
ATTEST:
()rm~ rYJ cNgxmim?
Name - '/nil fY7. l-IerndoYl
(Please Print or_Type) .....--
Title NOTARY My Cblllidrwlon ~ 6&0. tl. 260g~
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(SEAL)
Note: Attest for a corporation' must be by the corporate secretary; for a partnership
by another partner; for an individual by a Notary.
SURETY:
~ST~
By: __,.0/
A~
I ~;
~.,.""
.... 1''':'\ ~
ov.... ~
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Name: tJ. MH~HA FT. r.T VRTTRN
(Please Print or Type)
Title: ATTORNEY IN FACT
Agency:
UPCHURCH & JOWERS INSURANCE AGENCY
Address:
PO~T O~~Tr.E BOX 891
CAMDEN, SC 29020
Lanclflll Gtassingl6-16-(10
00510.3
Il Oct-II-OO 07:34A
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Name L. VICTOR' jOWERS. JR.
(Please Print or Type)
Title
NOTARY
(SEAL)
Note: Surety companies executing Bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to
transact business in the state where the project is located.
land"" GnIsslngJ6.1~
0051004
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.OCT-II-2000 WED 11:47 AM CNA SURETY/WESTERN
.
FAX" NO. 704 540.4122
P. 02
~.
\t\estem Surety Company
..
POWEll 01' ATTOBN&Y - CEKTIFIBD COPY
lIoIMI~ QOOO1l4S1ED
x.... AU .... ." ".... ........ .. WltS'l'ErtN SURITV COM1'NIY. . ....n.. '11. ....._ I. ...... ..... ,.
1lIWII .r tfq StaW .,....h n.JI8U. ......... _ JriMipal .. . I"IIIlIJI Falk. Sllutla Wata (the "o...n,~ ...., ...... p......
....con.u~....."".. M'i.chael Cl'llburn
Ita UUll .....ta.6at ~.fIIcI. widlW..... .... ...__ hI!_ 0.&.. ,. aIC1lt&-. ~ ..clelne, fir aDtI.
............ au..,......1br.
~~ Country Boy Fa~m & Yard Center
~ Augusta - Richmond County Department of Public
Works
~~.~ $60,000.00
~ 10 Willi .... c:...1IIlJ' tM"'p" fuUr ... fa ... ..... ..... .. I' .ach ,.. __ ei..... ., .... 1Ift.w..... ...... ,.;th die
OIIJ*'" .... III.... c.,.., .NI.., ...... ., is. .......,. ......, r~.. .nd ~ .. cMc die ... ..,..,,,>>-,-__
.., .. will.tn 1M __ ...... 1........ s.id .IP...... .. ..... ...... .... " a....i~ 01 U\o lblIowi.. .,.... .. W.......
.....,. eo.p.... ..... ..... i. ....... ..... .....
"'8m:IiDa 7. AU...... pal._. lI'GdIr&aldn... ,Pv.....I AaAamIlr or adlft abllpti8M of &he CGI1IlINIion ..... be ewured ..10M
..,..1. n... 01 .hI eo.,..., .., th PM...... ~. ..,. Aalla,-& s.a.taty. 'treahHl', or .., V"IM ,...... ar .., ..-h
.&hor .~ .. I'" Boa", ., Db....... ..y MIdIomo. '"- Pmicknt. ..,. ,,_ ..........~ a.cnml)". any AuNtaIlt &ea.ta~. ....Iac-
Taalurer .., ..nc Ateamo,. i.. Ft. w .... who .lId M" alltMritv 10 __ ~ ...... llIl' ........iII.. in ,.. ...... ~
r.M Campll\1. ,.,. ClOI.....-.. ..1. _. ..-.., Iw chit ..1W~ fila.. "nu.. poI.l. UNetcaki.... Powo. 01 i\UGc'~ or otller
.W\I.tion. .Iih mrparMie", Thr.~ fII... l.a.... .. the CllIqIlIfIte'" ...,.be pri1Kec1lIr ~.n...
AU _the"" .....bv-6ImnI.. apid." "'Intta. triIhaIat __... mI_ u_.... -W"illlter Octobe-r 11
20 OJ. . II.... _ill__ ... ...... ~_.... .nd i. 11I11 ... .... eftect.
r. WillI.. ....,." _....m ~ a.,.ny hie call1Od. ..... ,......u ... ~ ~ 1If .............. S.ftl T. PalO. .NI ice
~,""""',.""" 11th...,.... Oct:oher .~.
~'''''';;''Ji~( ;)"1""1,
/l\....~.'~. ....,pv~.~'" W~18TBR S RETY CO OM NY
1Jj,-..-:. . r'\ .... ',':.iI;':"
:: .~,. (,,\('0.1:,',,,' '. ~ "- -r:
' ~. ()' ,,. . <:..: -=
; .... { v . \,,-. ~ ?: a .~. _
.. ..1. . _ - ..
::. ., \.... .. of' ~ . ......1'. ,.. PnMlall\
.~ -r...., ,') ... ~ "......' "" 1-
~~}.
Onlllia 11th lI.,.at October .....,..1' 2000 ................,.,......penouDyappollrod
~ 7, P.... ... .... eo ... lIu1y ..... __iii.... &11.. he .ipM .. .~ J'o-tel' 01 ....., .. 1M ......11I atlillllr rJ.
WRSTERN SU1IBTY' COMPANY' .MI _......... ..II i1111ln11111111t la .. the....., aClallcl deed of.W. ooq,entfol\.
~~~ q~~:_kD_
~ -r.~..~T~~~._.
. _ w. """......, .....~_
Ilhe u........... ClIkot., W.... ...., 0aaIpa.,. a .1Otk too,..... CIId1e S&lw .'Souah 01..... cia hem;, m'li~ tMt'lIe
anlldMcl ,....., A'''', .. ~ flIlI "'"'.. e8ec:c .... . --.~l., .... ~. t'hat lect,ion ,. of,_ .,..... qE'" c..p.'J'
....t bch i.. ... Pawwt ., A&tIIIM,y .. .... in ___
." ~Ill'" -henGf. , "-00 1M....... ., helld... INI oIW..... 8ue'r a-pa..,. dd.
Octo t'"r . 2 0 .
W~~B_~~_C~Y
, ...... T. ...... .......
11th
d., or
,.... ,NOt
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07:34A
P.06
PAYty1ENT BOND
COUNTRY BOY FARM
. KNOW ALL MEN BY THESE PRESENTS: that & JARn r.F.,NT.E:R:. I a
SOLE PROPRIETORSHIE. _ _ _ - . - , ,
.~ of the State of SOUTH r.ABOT.TNA I the "Principal," and
Name end Adareu or SUI'OIy
WESTERN SURETY COMPANY, P. O. BOX 5077, SIOUX FALLS, SD 57117
the "Surety," are held and firmly bound unto Augusta-Richmond County (the
"Owner") existing under and by virtue of the laws of the State of Georgia, in the sum
of $60,000 in lawful money
of the United States, for the payment of which sum in lawful money of the United
States well and truly to be made we do hereby bind ourselves, our heirs, executors,
administrators, successors, and assigns jointly and severally.
The condition of this obligation is such that whereas Principal has entered
into a certain Contract with the Owner, dated as of the 11TH day of
OCTOBER , 2000-, which is by reference incorporated in and made a part
hereof as fully as if copied here verbatim, for the following work:
The grassing of Dean's Bridge Road MSW Landfill Phases 118 & lie.
NOW, THEREFORE, if the Principal shall fully pay for all the labor and
materials used by said Principal or any immediate or remote subcontractor or
furnisher of labor or materials under him in the performance of the work in lawful
money of the United States as the same shall become due, including all amounts
due for materials, lubricants, oil, gasoline, electricity, coal and coke, repairs on
machinery. equipment, and tools, consumed or used in connection with
performance of the work and all insurance premiums and other charges incurred
under said contract. then this obligation shall be void: otherwise to remain in full
force and effect.
Principal ,and Surety further bind themselves, their heirs, executors,
administrators, and assigns, jointly and severally, that they shall promptly make
payments of aU taxes, licenses, assessments, contributions, penalties, and interest
thereon, when, and if, the same may be lawfully due the State of Georgia or any
County, Municipality, or political subdivision thereof by reason of and. directly
connected with the performance of the Contract, or any part thereof.
And the Surety, for value received, hereby stipulates and agrees that the
obligations of the Surety and this Bond shall in no way be impaired or affected by
any extension of time. modification, omission, addition, or change in or to the
contract, the work to be performed thereunder, or by any payment thereunder
before the time required therein, or by any waiver of any provision thereof, or by any
Landtn G~ingl6.16-00
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assignment subletting or other transfer thereof, or of any part thereof, of any work
to be perfonned, or of any moneys due to become dl,Je thereunder, and the said
Surety does hereby waive notice of any and all such extensions, modifications,
omiSsions, additions, changes, payments, waivers, assignments, subcontracts, and
transfer, and heA3by stipulates and agrees that any and all things done and omitted
to be done by and in relation to executors, administrators, successors, assignees,
subcontractors, and other transferees shall have the same effect as to said Surety
as though done or omitted to be done by and in relation to the Principal.
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IN WITNESS WHEREOF, the Principal and Surety have executed this
Bond by causing their respective names to be hereunto subscribed and their seals
to be hereunto affixed by their duly authorized officers, on this the 11 TH day of
nr.TORF.R , 20~.
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CONTRACTOR - PRINCIPAL:
COUNTRY BOY FARM & YARD CENTER
By: /~ lJ.. ~'-)
Name: HARRY lJ. ~TJ.T.F.R
(Please Print or Type)
Title: SOLE PROPRIETOR
ATTEST:
Name
, ,
---
'....
~ .,
,
Title
(SEAL)
Note: Attest for a corporation mus~ be by the corporate secretary; for a partnership
by another partner. for an individual by a Notary.
SURETY:
B:S;Jf6#
Name: w. MICHAF.L CLYBURN
(Please Print or Type)
Title: ATTn'D1\T14'V T"" ....^~'1"
Agency:
UPCHURCH & JOWERS INSURANCE AGENCY
Address:
PO~T ~~FTr.F R0Y A93
CAMpEN. SC 2Q010
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Oct-11-00 07:3SA
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Name L. VICTOR JOWERS. JR.
(Please Print or Type)
TitJe NOTARY
( SEAL)
Note: Surety companies executing Bonds must appear on the Treasury
Departmenfs most current list (Circul~r 570 as amended) and be authorized to
transact business in the state where the project is located.
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NOTICE OF AWARD
To:
Project Description: The site of the proposed work is the Dean's Bridge Road MSW
Landfill. The project consists of approximately 5 acres of grassing and
appurtenances.
The Owner has considered the Bid submitted by you for the above described
work in response to its Invitation to Bid and Information for Bidders.
You are hereby notified that your Bid has been accepted for items in the
amount of
You are required by the Information for Bidders to execute the Agreement
and furnish the required Contractor's Performance Bond, Payment Bond, and
certificates of insurance within ten (10) calendar days from the date of this Notice
to you.
If you fail to execute said Contract and furnish said Bonds within ten (10)
days from the date of this Notice, said Owner will be entitled to consider all your
rights arising out of the Owner's acceptance of your Bid as abandoned and as a
forfeiture of your Bid Bond will be entitled to such other rights as may be granted by
law.
You are required to return an acknowledged copy of this Notice of Award to
the Owner.
Dated this
day of
.2000.
Auausta-Richmond County
By:
Name and Title:
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
I this the day of I 2000.
By:
Name and Title:
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NOTICE TO PROCEED
To:
Project Description: The site of the proposed work is the Dean's Bridge Road MSW
Landfill. The project consists of approximately 5 acres grassing and
appurtenances.
You are hereby notified that to commence work in accordance with the
Agreement dated , 2000, on or before ,
2000, and you are to complete the project within 45 consecutive calendar days
thereafter. The date of completion of all work is therefore , 2000.
Dated this
day of
,2000.
By:
Name and Title:
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by
. this the day of ,2000.
By:
Name and Title:
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CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned, , the duly. authorized and
acting legal representative of Augusta-Richmond County, do hereby certify as
follows:
I have examined the attached Contract(s) and surety bonds and the
manner of execution thereof, and I am of the opinion that each of the
aforesaid agreements has been duly executed by the proper parties
thereto acting through their duly authorized representatives; that said
representatives have full power and authority to execute said agreements
on behalf of the respective parties named thereon; and that the foregoing
agreements constitute valid and legally binding obligations upon the
parties executing the same in accordance with terms, conditions and
provisions thereof.
Date:
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GENERAL CONDITIONS
O. General
1. Definitions
2. Additional Instructions and Detail Drawings
3. Schedules, Reports, and Records
4. Correlation of Documents
5. Shop Drawings
6. Materials, Services, and Facilities
7. Inspection and Testing
8. Substitutions
9. Patents
10. Surveys, Permits, Regulations
11. Protection of Work, Property, Persons
12. Supervision by Contractor
13. Changes in the Work
14. Changes in Contract Price
15. Time for Completion and Liquidated Damages
16. Correction of Work
17. Subsurface Conditions
18. Suspensions of Work, Termination, and Delay
19. Payments to Contractor
20. Acceptance of Final Payment as Release
21. Insurance
22. Contract Security
23. Assignments
24. Indemnification
25. Separate Contracts
26. Subcontracting
27. Engineer's Authority
28. Land and Rights-of-Way
29. Guaranty
30. Taxes
31. Disputes
32. Contract Provisions Required by Law
33. Prohibited Interest
34. Use of Premises and Removal of Debris
35. Estimate of Quantities
36. Contractor's Obligations
37. Payments by Contractor
38. Waiver
39. Chemicals
40; Connecting of Existing Work
41. Program and Method of Construction
42. Buildings and Shanties
43. Sewage, Surface and Flood Flows
44. Obstructions Encountered
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45. Use of Streets
46. Access by Representatives of Governmental Agencies
47. Local and State Laws
48. "Or Equal" Clause
49. New Job Opportunities
50. Construction Restrictions
51. Leadbased Paint and Joint Sealers
52. Cooperation with Public Utilities
53. Abandonment or Termination of Contract
54. Evidence of Payment
55. Accessibility of Records
56. Archaeological Plan for Identification and Excavation of Significant Sites.
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GENERAL CONDITIONS
O. GENERAL
0.1 GENERAL CONDITIONS: The General Conditions are general in scope and
may refer to conditions not encountered on the work covered by these
Contract Documents. Any provision of the General Conditions which pertains
to a nonexistent condition and is not applicable to the work to be performed
hereunder, shall have no meaning in these Contract Documents and shall be
disregarded.
0.2 SPECIFICATIONS: No attempt has been made in the Specifications to
segregate work to be performed by any trade or subcontract. Any segregation
between the trades or crafts will be solely a matter for agreement between the
Contractor and his employees and his subcontractors.
The Specifications as a whole will govern the construction of the entire work.
The applicable provisions thereof will govern work to be performed under each
section.
0.3 CONTRACT DOCUMENTS: The Contract Documents cover all matters
relating to the work the Contractor is obligated to perform. The Contract
Documents are organized into various parts and sections for convenience. All
parts and sections of the Contract Documents are complementary, and what is
called for by any shall be as binding as if called for by all.
The Contract Documents, as defined herein, form the Contract between the
Owner and the Contractor for the performance of the work covered by these
Contract Documents. It is agreed by the Owner and the Contractor, as
evidenced by and through the execution of the Contract, that all terms of the
Contract Documents shall be binding on both parties to the Contract and shall
be a part of the Contract, the same as if the Contract Documents are repeated
therein.
0.4 LEGAL ADDRESSES: Both the business address of the Contractor given in
the Bid Proposal Form and the Contractor's office in the vicinity of the work
either of which are hereby designated as the place to which all notices, letters,
and other communication to the Contractor will be mailed or delivered.
The address of the Owner is indicated in the bidding instructions, and is
hereby designated as the place to which all notices, letters, and other
communication to the Owner shall be mailed or delivered. Either party may
change his address at any time by an instrument in writing delivered to the
other party. .
0.5 INDEPENDENT CONTRACTOR: The relation of the Contractor to the Owner
shall be that of an independent contractor.
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0.6 GOVERNING STANDARD SPECIFICATIONS: Standard specifications or
other specifications of organizations, societies, governmental agencies, or
bodies, referred to in these Contract Documents, are made a part of these
Contract Documents the same as if repeated herein. Unless specifically stated
otherwise, the standard shall be that adopted and published at the date of the
Advertisement for Bids.
1. DEFINITIONS
1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall
have the meanings indicated which shall be applicable to both the singular and
plural thereof:
1.2 ADDENDA: Written or graphic instruments issued prior to the execution of the
Agreement which modify or interpret the CONTRACT DOCUMENTS,
DRAWINGS, AND SPECIFICATIONS, by additions, deletions, clarifications, or
corrections.
1.3 APPROVED. REASONABLE. SUITABLE. ACCEPTABLE. PROPER,
SATISFACTORY: Whenever in these Contract Documents the words
"approved," "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
words of like effect and import appear, unless otherwise particularly specified
herein, they shall mean approved, reasonable, suitable, acceptable, proper, or
satisfactory in the judgment of the Owner or Engineer only to the extent of
judging compliance with the terms of these Contract Documents.
1.4 BID: The offer of proposal of the BIDDER submitted on the prescribed form
setting forth the prices for the WORK to be performed.
1.5 BIDDER: Any person, firm, partnership, corporation, or combination thereof
submitting a bid directly to the Owner for the work to be performed under these
Contract Documents, acting directly or through a duly authorized agency or
representative. The successful bidder, selected by the Owner to perform the
work under these Contract Documents, will thereafter be known as the
Contractor.
1.6 BONDS: Bid, Performance, and Payment Bonds and other instruments of
security, furnished by the CONTRACTOR and his surety in accordance with
the CONTRACT DOCUMENTS.
1.7 CHANGE ORDER: A written order to the CONTRACTOR authorizing an
addition, deletion, or revision in the WORK within the general scope of the
CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT
PRICE or CONTRACT TIME.
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1.8 CONTRACT OR AGREEMENT: The written agreement between the Owner
and the Contractor for the performance of the work in accordance with the
requirements of the Contract Documents and for the payment of the agreed
consideration therefor. Whenever, in any portion of the Contract Documents,
a requirement of the Contract is stated, it shall be interpreted to mean a
requirement of the Contract Documents as defined herein.
1.9 CONTRACT DOCUMENTS: The Contract, Advertisement for Bids,
Instructions to Bidders, Bid Proposal and Proposal Documents, Bid Bond,
Agreement, Performance Bond, Payment Bond, Employment Requirements
and Wage Rates, General Conditions, Specifications, Drawings, Addenda,
Change Orders, Notice of Award, Notice to Proceed, and the Specifications,
Drawings, and Engineering Data furnished by the Contractor and accepted by
the Owner. Whenever, in any portion of the Contract Documents, the terms
"Plans and Specifications" or "Specifications" or "Contract" or words of like
import appear, they shall be interpreted to mean Contract Documents as
defined herein.
1.10 CONTRACT PRICE: The contract price or contract prices named in the
Contract Documents shall be the amount of the compensation to the
Contractor agreed to by the Owner and the Contractor for the proper and
satisfactory completion of the work specified herein, including all
contingencies, i~ full conformity with the Contract Documents. The contract
price(s) shall be full payment for the performance of the work and the
furnishing of labor, materials, transportation, supplies, tools, equipment, taxes,
employee benefits, incidentals, services, and other items necessary or
convenient for completion of the work in a satisfactory and acceptable manner,
and within the intent of these Contract Documents.
1.11 CONTRACT TIME: The number of calendar days allowed by these Contract
Documents for the completion of the work, including authorized time
extensions for the completion of the work sufficient for acceptance as
substantially'complete by the Owner,
1.12 CONTRACTOR: The person, firm, or corporation whose proposal is accepted
by the Owner and who enters into a Contract with the Owner for performance
of the work covered by and in conformance with these Contract Documents.
1.13 DRAWINGS: Drawings, which are sometimes referred to herein as "plans,"
are defined as all (a) drawings furnished by the Owner as a basis for bids; (b)
supplementary drawings furnished by the Owner to clarify and to define in
greater detail the intent of the Contract Drawings and Specifications; (c)
drawings submitted by the successful bidder with his bid, provided such
drawings are acceptable to the Owner; (d) drawings furnished by the Owner to
the Contractor during the progress of the work; and (e) engineering data and
drawings submitted by the Contractor during the progress of the work,
provided such drawings are acceptable to the Owner and the Engineer.
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1.14 ENGINEER: Augusta-Richmond County Department of Public Works &
Engineering Director or his authorized representative.
1.15 FIELD ORDER: A written order effecting a change in the WORK not involving
an adjustment in the CONTRACT PRICE or an extension of the CONTRACT
TIME issued by the ENGINEER to the CONTRACTOR during construction.
1.16 NOTICE OF AWARD: The written notice of the acceptance of the BID from
the OWNER to the successful bidder.
1.17 NOTICE TO PROCEED: Written communication issued by the OWNER to the
CONTRACTOR authorizing him to proceed with the WORK and establishing
the date of commencement of the WORK.
1.18 OBSERVER: An authorized representative of the Engineer assigned to make
necessary observations of the work performed by the Contractor.
1.19 OWNER: A public or quasipublic body or authority, corporation, association,
partnership, or individual for whom the WORK is to be performed.
1.20 AS ORDERED. AS DIRECTED. AS REQUIRED. AS PERMITTED. AS
ALLOWED: Whenever in these Contract Documents the words "as ordered,"
"as directed," "as required," "as permitted," "as allowed," or words or phrases
of like import are used, it shall be understood and agreed that the order,
direction, requirement, permission, or allowance of the Owner or the Engineer
is intended only to the extent of judging compliance with the terms of these
Contract Documents; none of these terms shall imply that the Owner or
Engineer has any authority or responsibility for supervision of the Contractor's
forces or construction operations, such supervision and the sole responsibility
therefore being strictly reserved for the Contractor.
1.21 PERSON: The word "person" shall mean and include any individual,
combination of individuals, partnership, society, association, joint stock
company, corporation, firm, estate, receiver, trustee, assignee, referee, or any
other person acting in a fiduciary or representative capacity, whether
appointed by a court or otherwise.
1.22 PRODUCT: The term "product" shall mean and include materials, systems,
and equipment.
1.23 PROJECT RECORD DOCUMENTS: Copies of the Contract Documents
maintained at the site of the work by the Contractor, and marked by him to
record deviations, additions, and other required information during the
prosecution of the work.
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1.24 PROJECT: Total construction of which the work covered by the CONTRACT
DOCUMENTS may be the whole or a part thereof.
1.25 PROVIDED: When the term "provided" or "provide" is used in the Drawings or
other Contract Documents, it shall mean "provided complete in place," that is,
"furnished and installed." Where "as shown," "as indicated," "as detailed," or
other words of similar import are used, it is understood and agreed that
references to the Drawings are intended unless otherwise expressly stated.
1.26 RESIDENT PROJECT REPRESENTATIVE: The authorized representative of
the OWNER who is assigned to the PROJECT site or any part thereof.
1.27 SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures,
schedules, and other data which are prepared by the Contractor, a
subcontractor, a manufacturer, a supplier, or a distributor, which illustrate how
specific portions of the work shall be fabricated or installed. Shop drawings
may also be referred to in these Contract Documents and shall have the same
meaning as detail drawings, working drawings, construction drawings, and
engineering data.
1.28 SPECIFICATIONS: A part of the CONTRACT DOCUMENTS consisting of
written descriptions of a technical nature of materials, equipment, construction
systems, standards, and workmanship.
1.29 SUBCONTRACTOR: The person, firm, or corporation having a direct contract
with the Contractor or with any other subcontractor for performing work
covered by these Contract Documents which the Contractor is obligated to
perform or to cause to be performed.
1.30 SUBSTANTIAL COMPLETION: That date as certified by the ENGINEER
when the construction of the PROJECT is sufficiently completed, in
accordance with the CONTRACT DOCUMENTS, 50 that the PROJECT can be
safely, conveniently and beneficially utilized for the purposes for which it is
intended.
1.31 SUPPLIER: The person, firm, or corporation who will furnish products
acceptable to the Engineer for incorporation into the work covered by these
Contract Documents. A supplier may also be referred to as "manufacturer" or
"distributor" in these Contract Documents.
1.32 WORK: Everything specified, indicated, shown, or contemplated, including
materials, labor, equipment, transportation, supplies, and things required to be
done, furnished, or performed by the Contractor under these Contract
Documents. The work shall include everything expressly or impliedly required
of the Contractor by the Contract Documents.
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1.33 WRITTEN NOTICE: Any notice to any party of the Agreement relative to any
part of this Agreement in writing and considered delivered and the service
thereof completed, when posted by certified or registered mail to the said party
at his last given address, or delivered in person to said party or his authorized
representative on the WORK.
1.34 MAY: Permissive.
1.35 "SHALL" IMPLIED: Some sentences, statements and clauses used in the
specifications exclude any form of the verb "shall" normally expressed in a
verb phrase with verbs such as "furnish", "install", "provide", "perform",
"construct", "erect", "comply", "apply", "submit" or similar verb, but in any such
sentences, statements, and clauses shall be interpreted to include the
applicable form of the phrase "The CONTRACTOR shall" and the
requirements described therein shall be interpreted as mandatory elements of
the CONTRACT.
1.36 SHALL: Mandatory
1.37 WILL: Mandatory
2. ADDITIONAL INSTRUCTION AND DETAIL DRAWINGS
2.1 The CONTRACTOR may be furnished additional instruction and detail
drawings, by the ENGINEER, as necessary to carry out the WORK required by
the CONTRACT DOCUMENTS.
3. SCHEDULES. REPORTS. AND RECORDS
3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities
and costs, progress schedules, payrolls, reports, estimates, records, and other
data where applicable as are required by the CONTRACT DOCUMENTS for
the WORK to be performed.
3.2 Prior to the first partial payment estimate, the CONTRACTOR shall submit
construction progress schedules showing the order in which he proposes to
carry on the WORK, including dates at which he will start the various parts of
the WORK, estimated date of completion or each part, and, as applicable:
3.2.1 The dates at which special detail drawings will be required; and
3.2.2 Respective dates for submission of SHOP DRAWINGS, the
beginning of manufacture, the testing, and the installation of
materials, supplies, and equipment.
3.3 The CONTRACTOR shall also submit a schedule of payments that he
anticipates he will earn during the course of the WORK.
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. 3.4 If the Contract is based on a lump sum bid or contains one or more lump sum
items for which progress payments are desired, the Contractor shall prepare
and submit to the Engineer a schedule of values covering each lump sum
item. The schedule of values, showing the value of each kind of work, shall be
acceptable to the Engineer before any progress payment estimate and
progress payment request are prepared. Such items as bond premium,
temporary construction facilities, and plant work items may be listed separately
in the schedule of values, provided the costs can be substantiated.
The sum of the items listed in the schedule of values shall equal the contract
lump sum price(s). Overhead and profit shall not be listed as separate items.
An unbalanced schedule of items providing for overpayment of the Contractor
on items of work which would be performed first will not be accepted. The
schedule of valyes shall be revised and resubmitted until acceptable to the
Engineer.
3.5 The Contractor shall also furnish a periodic itemized estimate of work done for
the purpose of making a partial payment thereon.
3.6 The costs employed in making up any of these schedules will be used only for
determining the basis of partial payments and will not be considered as fixing a
basis for additions to or deductions from the contract price.
4. CORRELATION OF DOCUMENTS
4.1 Drawings, and specifications are cooperative and supplementary. Portions of
the WORK which can best be illustrated by the drawings may not be included
in the specifications and portions best described by the specifications may not
be depicted on the drawings. All items necessary or incidental to completely
construct or erect the WORK shall be furnished, whether called for in the
specifications or shown on the drawings, or anything shown or mentioned on
the drawings and not mentioned in. the specifications, shall be of like effect as
if shown or mentioned in both.
4.2 Information or instruction for Bidders shall take priority over General
Conditions; large scale drawings shall take precedence over small scale
drawings. In case of disagreement between the drawings and specifications,
or within either document itself, the better quality or greater quantity of WORK
shall be estimated and included in the Bid and CONTRACT Price and the
matter drawn to the ENGINEER's attention for decision.
4.3 The Drawings, QAlQC Plan, Specifications, and Addenda shall form part of
this Contract and the provisions thereof shall be as binding upon the parties
hereto as if they were herein fully set forth. The table of contents, titles,
headings, running headlines, and marginal notes contained in the Contract
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Documents are solely to facilitate reference to various provIsions of the
Contract Documents and in no way affect, limit, or cast light on the
interpretation of the provisions to which they refer.
4.4 Upon award of the Contract, the Contractor upon request will be supplied free
of charge up to six (6) complete sets of the Drawings and Specifications. If the
Contractor requests additional prints or Specifications, they will be furnished to
him at cost.
4.5 The Contractor shall keep on the job a copy of the Drawings and
Specifications and shall at all times give the Owner and Engineer access
thereto.
4.6 The parts of the Contract Documents are complementary, each part being an
essential part of these Contract Documents which are intended to describe
and provide for a complete work. A requirement occurring in one is as binding
as though occurring in all.
4.7 The Contractor shall carefully study and compare all Drawings, Specifications,
and other instructions; shall test all figures on the Drawings before laying out
the work; shall notify the Engineer of all errors, inconsistencies, or omissions
which he may discover. The Contractor shall not take advantage of any error
or omission which may be found in the Drawings or other Contract Documents.
4.8 In case of unresolved conflict between items of the Contract Documents, the
following order of precedence shall govern, with the higher item taking
precedence over a lower item:
Contract (including Supplemental Agreements and Change Orders thereto)
Addenda
I nstructions to Bidders
Bid
General Conditions
Specifications
OAlOC Plan
Governing Standard Specifications
Schedules on Drawings
Notes on Drawings
Details on Drawings
Large Scale Drawings
Small Scale Drawings
Dimensions Given in Figures
Scaled Dimensions
4.9 In the event of any discrepancy between any Drawing and the figures written
thereon, the figures, unless obviously incorrect, shall be taken as correct.
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4.10 When measurements are affected by conditions already established or where
items are to be fitted into constructed conditions, it shall be the Contractor's
responsibility to verify all such dimensions at the site and the actual job
dimensions shall take precedence over scale and figure dimensions on the
Drawings.
4.11 Wherever a stock size of manufactured item or piece of equipment is specified
by its nominal size, it shall be the responsibility of the Contractor to determine
the actual space requirements for setting and for entrance to the setting space
and to make all necessary allowances and adjustments therefor in his work
without additional cost to the Owner.
5. SHOP DRAWINGS
5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary
for the prosecution of the WORK as required by the CONTRACT
DOCUMENTS. The ENGINEER's approval of any SHOP DRAWING shall not
release the CONTRACTOR from responsibility for deviations from the
CONTRACT DOCUMENTS.
5.2 Engineering data covering all equipment and fabricated products to be
furnished under these Contract Documents shall be submitted to the Engineer
for review. These data shall include drawings and descriptive information in
sufficient detail to show the kind, size, arrangement, and operation of
component materials and devices; the external connections, anchorages, and
supports required; performance characteristics; and dimensions needed for
installation and correlation with other materials and equipment. Data
submitted shall include drawings showing essential details of any changes
proposed by the Contractor and all required wiring and piping layouts.
5.3 When submitted for the ENGINEER's review, SHOP DRAWINGS shall bear
the CONTRACTOR's certification that he has reviewed, checked, and
approved the SHOP DRAWINGS and that they are in conformance with the
requirements of the CONTRACT DOCUMENTS.
5.4 At the time of each submission, the Contractor shall in writing call the
Engineer's attention to any deviations that the engineering data may have from
the requirements of these Contract Documents.
5.5 Six (6) copies of each drawing and necessary data shall be submitted to the
Engineer. Each drawing or data sheet shall be clearly marked with the name
of the project, the Contractor's name, and references to applicable
specification paragraphs, and drawing sheets. When catalog pages are
submitted, the applicable items shall be identified. Each drawing or data sheet
shall bear the Contractor's stamp of approval, which shall be construed as
certification that he has reviewed, checked, and approved the engineering
data and that the data are in conformance with the requirements of these
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Contract Documents and that he has determined and verified all quantities,
dimensions, field construction criteria, materials, catalog numbers, and similar
data required for preparation, accuracy, and sufficiency of the engineering
data.
5.6 When the drawings and data are returned marked "REVISE AND RESUBMIT,"
the corrections shall be made as noted thereon and as instructed by the
Engineer and not less than six (6) corrected copies resubmitted.
5.7 Unless otherwise directed by the Engineer, when drawings and data are
returned marked "EXCEPTIONS TAKEN AS NOTED," the changes shall be
made as noted thereon and not less than six (6) corrected copies shall be
furnished.
5.8 All corrections and changes made on the drawings or data sheets other than
those noted by the Engineer shall be clearly identified with a revision symbol
and shall be suitably documented on the drawing with a brief description and
date.
5.9 When the drawings and data are returned marked "NO EXCEPTIONS
TAKEN," fabrication and/or installation can begin and no additional copies
need be furnished. When drawings are submitted after final review (after
being returned marked "NO EXCEPTIONS TAKEN" or "EXCEPTIONS TAKEN
AS NOTED"), one (1) of the copies shall be a reverse reading translucent
matte finish mylar reproducible (ozalid process).
5.10 No work shall be performed in connection with the fabrication or manufacture
of materials and equipment, nor shall any accessory or appurtenance be
purchased until the drawings and data therefor have been reviewed by the
Engineer and returned marked "NO EXCEPTIONS TAKEN" or "EXCEPTIONS
TAKEN AS NOTED."
5.11 A copy of each approved SHOP DRAWING and each approved sample shall
be kept in good order by the CONTRACTOR at the site and shall be available
to the ENGINEER.
5.12 The Engineer's review of drawings and data submitted by the Contractor will
cover only general conformity to the Drawings and Specifications, external
connections, and dimensions which affect the layout. The Engineer's review of
drawings returned marked "NO EXCEPTIONS TAKEN" or "EXCEPTIONS
TAKEN AS NOTED" does not indicate a thorough review of all dimensions,
quantities, and details of the material, equipment, devices, or items shown and
shall not in any way be deemed to relieve the Contractor from any
responsibility for errors or deviations from the requirements of these Contract
Documents or from full responsibility for complete and accurate performance
of the work in conformance with these Contract Documents or from any liability
placed upon him by any provisions of these Contract Documents.
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5.13 The schedule of submittals of engineering data and submittals of samples of
materials or products, if required, shall be made by the Contractor in
accordance with the requirements in the section entitled "Shop drawings,
Product Data and Samples" of these Specifications.
6. MATERIALS. SERVICES. AND FACILITIES
6.1 It is understood that, except as otherwise specifically stated in the CONTRACT
DOCUMENTS, the CONTRACTOR shall provide and pay for all materials,
labor, tools, equipment, water, light, power, transportation, supervision,
temporary construction of any nature, and all other services and facilities of
any nature whatsoever necessary to execute, complete, and deliver the
WORK within the specified time.
6.2 Material and equipment shall be so stored as to insure the preservation of their
quality and fitness for the WORK. Stored materials and equipment to be
incorporated in the WORK shall be located so as to facilitate prompt
inspection.
6.3 Manufactured articles, materials, and equipment shall be applied, installed,
connected, erected, used, cleaned, and conditioned as directed by the
manufacturer.
6.4 Materials, supplies, and equipment shall be in accordance with samples
submitted by the CONTRACTOR and approved by the ENGINEER.
6.5 Materials, supplies, or equipment to be incorporated into the WORK shall not
be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a
chattel mortgage or under a conditional sale CONTRACT or other agreement
by which an interest is retained by the seller.
6.6 Any work necessary to be performed after regular working hours, on Sundays,
or on legal holidays shall be performed without additional expense to the
Owner.
6.7 The Contractor warrants that he has good title to all materials, supplies, and
equipment used by him in the work.
6.8 All materials required in the work may be stored on the site upon which the
project is to be constructed, subject to approval by the Engineer, but all such
materials, tools, and machinery shall be neatly and compactly piled in such a
manner as to cause the least inconvenience to the property owners and the
traffic. All fire hydrants must at all times be kept free and unobstructed, and
water and gas shutoff boxes and underground power and telephone line
manholes must be kept uncovered by such materials.
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6.9 Materials, tools, and machinery shall not be piled or placed against shade
trees unless they shall be amply protected against injury therefrom. All
materials, tools, machinery, etc., stored upon public thoroughfares must be
provided with warning lights at night to warn the traffic of such obstruction.
6.10 The Contractor shall make his own arrangements for delivery and handling of
equipment and materials as he may require for the prosecution of the work.
The location of all temporary lines, roadways, and similar facilities shall be
subject to the approval of the Engineer, and these shall be located and
operated so as not to interfere with other work carried on by the Owner or by
other contractors.
6.11 The materials, fixtures, and apparatus furnished shall be new, except as
otherwise provided herein, unused, and of good quality, and shall be
incorporated into the work in an undamaged condition. The Contractor shall, if
required, furnish satisfactory evidence as to the kind and quality of materials.
Whenever materials are sold by the manufacturer in sealed packages, they
shall be so delivered to the site of the work. The materials shall be
manufactured, handled, and used in a workmanlike manner to provide a
completed work in accordance with these Contract Documents.
6.12 Materials, products, and equipment designated for permanent installation in
the work shall be properly stored by the Contractor in a manner to ensure
protection against deterioration of any type. These items shall be so placed as
to cause a minimum of interference with the prosecution of the work and to the
public. The method of storing shall be so as to facilitate inspection.
Deterioration of any kind or to any degree shall be cause for rejection. Stored
materials, even though meeting the requirements of these Contract
Documents before being stored, shall be inspected prior to incorporation in the
work and shall meet the requirements of these Contract Documents at the time
of incorporation in the work. If material, products, or equipment stored by the
Contractor and paid for under the terms of these Contract Documents is
damaged or otherwise becomes unsuitable before its permanent incorporation
into the work, the amounts paid the Contractor for the damaged material shall
be deducted from the next progress payment.
6.13 The Contractor shall be responsible for the condition of all materials, products,
and equipment which he has furnished and shall replace at his own expense
all such material found to be defective or which has been damaged atter
delivery. This includes the replacement of material which is found to be
defective at any time prior to expiration of the guarantee period.
6.14 It is agreed that any temporary power lines, roadways, or other facilities which
the Contractor furnishes, installs, maintains, and removes at the completion of
the work may be used by the Owner or any of his contractors at such
reasonable time or times as may be directed by the Engineer. Likewise it is
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provided that similar facilities of other contracts will become available to the
Contractor under similar conditions.
6.15 Adequate sanitary facilities shall be provided by the Contractor. All such
sanitary facilities shall conform to the requirements of the respective state and
county departments of public health.
7. INSPECTION AND TESTING
7.1 All materials and equipment used in the construction of the PROJECT shall be
subject to adequate inspection and testing in accordance with generally
accepted standards.
7.2 The OWNER shall provide all inspection and testing services required by the
CONTRACT DOCUMENTS one time only.
7.3 The CONTRACTOR shall provide at his expense the samples and product
shop testing and inspection services required by the CONTRACT
DOCUMENTS for material certifications prior to shipment. Any field retests or
reinspections required due to the failure of materials to meet the requirements
of the CONTRACT DOCUMENTS shall be paid for by the Contractor. The
Owner shall have sole authority to determine whether tests/inspections pass or
fail and require retesting.
7.4 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 the
CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of
readiness. The CONTRACTOR will then furnish the ENGINEER the required
certificates of inspection, testing, or approval.
7.5 Inspections, tests, or approvals by the engineer or others shall not relieve the
CONTRACTOR from his obligations to perform the WORK in accordance with
the requirements of the CONTRACT DOCUMENTS.
7.6 The ENGINEER and his representatives will at all times have access to the
WORK. In addition, authorized representatives and agents of any Federal or
state agency shall be permitted to inspect all work, materials, payrolls, records
of personnel, invoices of materials, and other relevant data and records.
7.7 If any WORK is covered contrary to the written instructions of the ENGINEER
it must, if requested by the ENGINEER, be uncovered for his observation and
replaced at the CONTRACTOR's expense.
7.8 If the ENGINEER considers it necessary or advisable that covered WORK be
inspected or tested by others, the CONTRACTOR, at the ENGINEER's
request, will uncover, expose, or otherwise make available for observation,
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inspection, or testing as the ENGINEER may require, that portion of the
WORK in question, furnishing all necessary labor, materials, tools, and
equipment. If it is found that such WORK is defective, the CONTRACTOR will
bear all the expenses of such uncovering, exposure, observation, inspection
and testing, and of satisfactory reconstruction. If, however, such WORK is not
found to be defective, the CONTRACTOR will 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 an appropriate CHANGE ORDER shall be issued.
7.9 The field testing of materials shall be made by a competent laboratory or other
person paid for by the Owner, one time only. The Contractor shall submit
samples of materials for testing as required by the Engineer. The cost of all
retests made necessary by the failure of materials to conform to the
requirements of these Contract Documents shall be paid by the Contractor.
7.10 The testing of equipment and products shall be performed as provided in the
Specifications.
7.11 All materials and equipment used in the construction of the project shall be
subject to adequate inspection and testing in accordance with accepted
standards. The laboratory or inspection agency shall be approved by the
Owner. The cost of all inspection and testing of all materials and equipment
for determination of source, suitability, applicability, etc., shall be included in
the contract price for supplying the applicable materials and equipment as no
separate payment will be made for these services.
7.12 No payment will be made to the Contractor for samples taken for tests such as
soils samples, etc.
7.13 Should any disagreement or difference arise as to the estimate, quantities or
classifications or as to the meaning of the Specifications, or any point
concerning the character, acceptability, and nature of the several kinds of work,
any materials and construction thereof, the decision of the Engineer shall be
final and conclusive and binding upon all parties to the Contact.
8. SUBSTITUTIONS
8.1 Whenever a material, product, article, or piece of equipment is specified or
described in these Contract Documents by using the name of a proprietary
product or the name of a particular manufacturer or vendor and catalog
number, it is understood and agreed that the specific item is named for the
purpose of establishing the type, function, dimension, appearance, quality,
durability, performance, or other salient requirements and that other materials,
products, articles, or pieces of equipment of equal capacities, quality, and
function will be considered. The Contractor may request the substitution of a
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material, product, article, or piece of equipment of equal substance and
function for those designated in these Contract Documents. The Contractor
shall request substitution in writing to the Engineer stating in detail how the
substituted product differs in composition and performance from the
designated product and furnishing suitable complete data on which the
Engineer may make the determination on the merits of the proposed
substitution. If, in the opinion of the Engineer, such material, article, or piece
of equipment is of equal substance and function to that designated, the
Engineer may approve its substitution and use by the Contractor. Any cost
differential shall be deductible from the contract price and the Contract
Documents shall be appropriately modified by a Change Order. The
Contractor warrants that if substitutes are approved, no major changes in the
function or general design of the project will result. Incidental changes or extra
component parts required to accommodate the substitute shall be made by the
Contractor without a change in the contract price or contract time. Requests
relative to substitutions for materials, products, articles, or pieces of equipment
specifically designated on the Drawings or in the Specifications will not be
considered until after the award of the Contract.
8.2 It is understood and agreed that (1) the Engineer is to use his own judgment
whether or not any material, product, article, or piece of equipment proposed
to be substituted is equal to that specified; (2) the decision of the Engineer on
all such questions of equality shall be final and binding upon the Contractor;
and (3) in the event of any decision of the Engineer that is considered adverse
by the Contractor, no claim of any sort by the Contractor shall be made or
allowed against the Owner or the Engineer.
8.3 The Contract is based on the materials, equipment, and methods described in
the Contract Documents.
8.4 The Owner, through the Engineer, will consider proposals for substitution of
materials, equipment, and methods only when such proposals are
accompanied by full and complete technical data and all other information
required to evaluate the proposed substitution.
8.5 The Contractor shall not substitute materials, equipment, or methods unless
such substitution has been specifically approved for this project by the
Engineer.
9. PATENTS
9.1 Royalties and fees for patents covering materials, articles, apparatus, devices,
or equipment (as distinguished from processes) used in the work shall be
included in the contract price(s). The Contractor shall satisfy all demands that
may be made at the time for such royalties or fees, and he shall be liable for
any damages or claims for patent infringements. The Contractor shall, at his
own cost and expense, defend all suits or proceedings that may be instituted
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against the Owner for alleged infringement of any patents involved in the work
and in case of an award of damages the Contractor shall pay such award.
The Contractor, however, will not be held liable for the defense of any suit or
other proceeding nor for the payment of any damages or other costs for the
infringement of any patented process required by these Contract Documents;
except if the Contractor has information that the process so required is an
infringement of a patent, the Contractor shall be liable for any damages or
claims in connection therewith unless he promptly notifies the Owner and
Engineer of such infringement.
10. SURVEYS. PERMITS. REGULATIONS
10.1 The CONTRACTOR shall furnish all boundary surveys and establish all base
lines for locating the principal component parts of the WORK together with a
suitable number of bench marks adjacent to the WORK as shown in the
CONTRACT DOCUMENTS. From the information gathered by the
CONTRACTOR, unless otherwise specified in the CONTRACT DOCUMENTS,
the CONTRACTOR shall develop and make all detail surveys needed for
construction such as slope stakes, batter boards, stakes for pile locations, and
other working points, lines, elevations, and cut sheets.
10.2 Permits and licenses of a temporary nature necessary for the prosecution of
the WORK shall be secured and paid for by the CONTRACTOR. Permits,
licenses, and easements for permanent structures or permanent changes in
existing facilities shall be secured and paid for by the OWNER unless
otherwise specified. The CONTRACTOR shall give all notices and comply
with all laws, ordinances, rules, and regulations bearing on the conduct of the
WORK as drawn and specified. If the CONTRACTOR observes that the
CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify
the ENGINEER in writing, and any necessary changes shall be adjusted as
provided in Section 13, CHANGES IN THE WORK.
11. PROTECTION OF WORK. PROPERTY. AND PERSONS
11.1 The CONTRACTOR will be responsible for initiating, maintaining, and
supervising all safety precautions and programs in connection with the WORK.
He will take all necessary precautions for the safety of, and will provide the
necessary protection to prevent damage, injury, or loss to all employees on the
WORK and other persons who may be affected thereby, all the WORK and all
materials or equipment to be incorporated therein, whether in storage on or off
the site, and other property at the site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, roadways, structures, and utilities not
designed for removal, relocation, or replacement in the course of construction.
11.2 The CONTRACTOR will comply with all applicable laws, ordinances, rules,
regulations, and orders of any public body having jurisdiction. He will erect
and maintain as required by the conditions and progress of the WORK, all
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necessary safeguards for safety and protection. He will notify owners of
adjacent utilities when prosecution of the WORK may affect them. The
CONTRACTOR will remedy all damage, injury, or loss to any property caused,
directly or indirectly, in whole or in part, by the CONTRACTOR, any
SUBCONTRACTOR or anyone directly or indirectly employed by any of them
or anyone for whose acts any of them be liable, except damage or loss
attributable to the fault of the CONTRACT DOCUMENTS or to the acts or
omissions of the OWNER or the ENGINEER 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 the CONTRACTOR.
11.3 In emergencies affecting the safety of persons or the WORK or property at the
site or adjacent thereto, the CONTRACTOR, without special instruction or
authorization from the ENGINEER or OWNER, shall act to prevent threatened
damage, injury, or loss. He will give the ENGINEER prompt WRITTEN
NOTICE of any significant changes in the WORK or deviations from the
CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER shall
thereupon be issued covering the changes and deviations involved,
11.4 The Contractor shall protect from damage all property in the vicinity of the work
or that is in any way affected by the work, the removal or destruction of which
is not called for by the Contract Documents. This applies to public and private
property, utility facilities, trees, grass, shrubs, crops, signs, monuments,
fences, pipe, underground structures, public roadways, sidewalks, curb and
gutters, driveways, and any other natural or man made terrain features.
Whenever such property is damaged due to the Contractor's performance of
the work, the Contractor shall immediately restore it to condition equal to or
better than that existing before such damage or injury was done by the
Contractor. The Contractor shall make good all such damage or injury in an
acceptable manner at his own expense. In case of failure of the Contractor to
restore such property or to make good such damage or injury, the Owner may,
upon forty-eight (48) hours notice, proceed to repair, rebuild, or otherwise
restore such property as may be deemed necessary, and the cost thereof will
be deducted from any moneys due or which may become due ttie Contractor
under the terms of these Contract Documents.
11.5 Reasonable care shall be taken during construction to avoid damage to
vegetation. Ornamental shrubbery and tree branches shall be tied back,
where appropriate, to minimize damage. Trees which receive damage to
branches shall be trimmed of those branches to improve the appearance of
the tree. Tree trunks receiving damage from equipment shall be treated with a
tree dressing.
11.6 The Contractor shall not enter upon private property for any purpose without
first obtaining permission, and he shall be responsible for the preservation of
all public and private property. The Contractor shall at all times while the work
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is in progress use extraordinary care to see that adjacent buildings are not
endangered in any way by reason of fire, water, or construction operations,
and to this end shall take such steps as may be necessary or directed to
protect the property therefrom, and the same care shall be exercised by all
Contractor's and subcontractor's employees. The Contractor shall give due
notice to any controlling person, department, or public service company prior
to adjusting items to grade and shall be held strictly liable to the Owner if any
such items are disturbed, damaged, or covered up during the course of the
work. The Contractor shall not disturb, remove, or relocate any land
monuments and property marks until an authorized agent has witnessed or
otherwise referenced their location.
11.7 Any temporary drains and drainage which may be required by the Contractor
during the construction period shall be furnished, installed, and maintained by
him. No such drains or drainage systems shall be installed or used without the
prior approval of the Engineer. At the completion of the work, all such drains
and drainage systems shall be removed and the premises returned to a neat
and clean condition.
11.8 Fire hydrants on or adjacent to the work shall be kept accessible to the
firefighting apparatus at all times, and no material or obstruction shall be
placed within 10 feet of any hydrant. Adjacent premises must be given
access, as far as practicable, and obstruction of sewer inlets, gutters, and
ditches will not be permitted.
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11.9 The Contractor shall be responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with the work. The
Contractor shall take all necessary precautions for the safety of employees on
the work and shall comply with all applicable provisions of federal, state, and
local safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed.
The Contractor shall comply with the Department of Labor's Safety and Health
Regulations for construction promulgated under the Occupational Safety and
Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work
Hours and Safety Standards Act (PL 91-54). Copies of these regulations may
be obtained from the U. S. Government Printing Office, 275 Peachtree Street,
N.E., Atlanta, Georgia 30303. '
11.10 The Contractor shall erect and properly maintain at all times, as required by
the conditions and progress of the work, all necessary safeguards, including
sufficient lights and danger signals on or near the work; he shall erect suitable
railings, barricades, covers, or other protective devices about unfinished work,
open trenches, holes, embankments, or other hazards and obstructions where
hazards to workmen or the public exist. The Contractor shall provide at all
times all necessary watchmen on the project for the safety of employees,
delivery personnel, and the general public and to diligently guard and protect
all work and materials, including Owner-furnished equipment. Construction
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equipment shall be suitably nightmarked and lighted as necessary for safety
considerations. No separate payment will be made for providing lights on
vehicles and equipment, signs, barricades, lights, flags, watchmen, and other
protective devices, and the costs thereof shall be included in the contract
price( s).
11.11 The Contractor shall comply with all applicable provisions of the "Manual of
Accident Prevention in Construction" issued by the Associated General
Contractors of America, Inc., and shall maintain an accurate record of all cases
of death and all cases of occupational disease and injury requiring medical
attention or causing loss of time from work, arising out of and in the course of
employment on the work under these Contract Documents.
The Contractor shall be solely responsible for the safety, efficiency, and
adequacy of his plant, appliances, and methods and for any damage which
may result from their failure or their improper construction, maintenance, or
operation.
11.12 The Contractor shall conduct his operations in a manner that will offer the least
possible obstruction and inconvenience to the public, and he shall not have
under construction an amount of work greater than he can prosecute properly
with due regard to the rights of the public. Construction operations shall be
conducted in a manner that will cause as little inconvenience as possible to
abutting property owners. Convenient access to driveways, houses, buildings,
or other facilities in the vicinity of the work shall be maintained and temporary
access facilities for public roadways shall be provided and maintained in
satisfactory condition.
11.13 Satisfactory facilities shall be provided by the Contractor for maintaining public
access and travel, and every effort shall be made to reduce any necessary
inconveniences to a minimum.
11.14 In emergencies affecting the safety of persons or the work or property at the
site or adjacent thereto, the Contractor, without special instruction or
authorization from the Engineer or Owner, shall act to prevent threatened
damage, injury, or loss. He will give the Engineer prompt written notice of any
significant changes in the work or deviations from these Contract Documents
caused thereby, and a Change Order shall thereupon be issued covering the
changes and deviations involved.
11.15 The Contractor shall carefully preserve all monuments, bench marks, property
markers, reference points, and stakes. In case of his destruction thereof, the
Contractor will be charged with the expense of replacement and shall be
responsible for any mistake or loss of time that may be caused. Permanent
monuments or bench marks which must be removed or disturbed shall be
protected until properly referenced for relocation. The Contractor shall furnish
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materials and assistance for the proper replacement of such monuments or
bench marks.
, 11.16 Whenever, in the opinion of the Owner, the Contractor has not taken sufficient
precaution for the safety of the public or the protection of the work to be
constructed under these Contract Documents or of adjacent structures or
property, and whenever, in the opinion of the Owner, an emergency has arisen
and immediate action is considered necessary, then the Owner, with or without
notice to the Contractor, may provide suitable protection by causing work to be
done and material to be furnished and placed. The cost of such work and
material shall be borne by the Contractor, and if the same is not paid on
presentation of the bills thereof, such costs may be deducted from any
amounts due or to become due the Contractor. The performance of such
emergency work shall not relieve the Contractor of responsibility for any
damage which may occur.
12. SUPERVISION BY CONTRACTOR
12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely
responsible for the means, methods, techniques, sequences, and procedures
of construction. The CONTRACTOR will employ and maintain on the WORK a
qualified supervisor or superintendent who shall have been designated in
writing by the CONTRACTOR as the CONTRACTOR's representative at the
site. The supervisor shall have full authority to act on behalf of the
CONTRACTOR and all communications given to the supervisor shall be as
binding as if given to the CONTRACTOR. The supervisor shall be present on
the site at all times as required to perform adequate supervision and
coordination of the WORK.
12.2 The Contractor shall supervise and direct the work efficiently using the best
skill and attention and shall be solely responsible for the means, methods,
techniques, sequences, and procedures of construction. The Contractor will
be responsible to see that the finished work complies accurately with the
Contract Documents.
12.3 The Engineer shall have the right to reject or demand replacement of such
superintendent at any time, with or without cause, solely at the Engineer's
discretion, based upon objective or subjective reasons, which reasons the
Engineer may, but is not required to, disclose to the Contractor.
13. CHANGES IN THE WORK
13.1 The OWNER may at any time, as the need arises, order changes within the
scope of the WORK without invalidating the Agreement. If such changes
increase or decrease the amount due under the CONTRACT DOCUMENTS,
or in the time required for performance of the WORK, an equitable adjustment
shall be authorized by CHANGE ORDER.
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13.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make
changes in the details of the WORK. The CONTRACTOR shall proceed with
the performance of any changes in the WORK so ordered by the ENGINEER
unless the CONTRACTOR believes that such FIELD ORDER entitles him to a
change in CONTRACT PRICE or TIME, or both, in which event he shall give
the ENGINEER WRITTEN NOTICE thereof within seven (7) days after the
receipt of the ordered change. Thereafter the CONTRACTOR shall document
the basis for the change in CONTRACT PRICE or TIME within thirty (30) days.
The CONTRACTOR shall not execute such changes pending the receipt of an
executed CHANGE ORDER or further instruction from the OWNER.
13.3 The Owner reserves the right to make at any time, without prior notice to the
surety, such alterations in the Drawings or in the character of the work as the
Owner may consider necessary or desirable to complete the proposed work in
a satisfactory manner and consistent with the intent of these Contract
Documents. Notice of every such alteration or change shall be given in writing
to the Contractor by the Engineer, and no such alteration or change shall be
considered as constituting a waiver of any of the provisions of these Contract
Documents or as nullifying or invalidating any of such provisions. Should any
such alteration or change result in an increase or decrease in the quantity or
the cost of the work or materials described in these Contract Documents, the
total amount payable under the Contract will be accordingly modified. If
alterations or changes are thus made, the contract time will be correspondingly
modified, if the Contractor so requests, before commencing the work
attributable to such alterations or changes.
13.4 It is understood and agreed that the Contractor shall perform all extra work
that may be ordered in writing by the Engineer acting on the specific authority
of the Owner arising out of the modification of the Specifications or Drawings
made or approved by the Owner. For this extra work, the Contractor shall be
compensated as provided hereinafter and in the Change Order covering the
extra work.
13.5 Extra work is defined as: (1) that additional work of a different character or
function and for which no basis of payment is prescribed in these Contract
Documents; or (2) that work involving revisions of the details of the work in
such manner as to render inequitable payment under items upon which the
Contractor bid; or (3) that additional work of a similar nature and character as
that done under the unit prices named in these Contract Documents.
13.6 No claim for extra work will be considered unless said extra work was ordered
in writing as aforesaid and the claim presented in writing to the Engineer within
30 days after receipt by the Contractor of the written order to perform said
extra work.
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13.7 If the performance of the extra work results in additional time being required by
the Contractor to complete the work covered by these Contract Documents,
said Change Order will provide for an equitable extension in the contract time.
13.8 All Change Orders, including a change in technical design or an increase in
cost, must be approved by the Owner, the Engineer, and those governmental
agencies whose approval is required.
14. CHANGES IN CONTRACT PRICE
14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The
value of any WORK covered by a CHANGE ORDER or of any claim for
increase or decrease in the CONTRACT PRICE shall be determined by one or
more of the following methods in the order of precedence listed below:
(1) Method A
UNIT PRICES contained in the CONTRACTOR's Proposal for the same
type or class or WORK.
(2) Method B
By an acceptable UNIT PRICE proposal from the CONTRACTOR.
(3) Method C
By an acceptable LUMP SUM PRICE proposal from the CONTRACTOR.
(4) Method D
If neither method "B" or "C" can be agreed upon before the changed or
extra WORK is started, then the CONTRACTOR shall be paid the "actual
field cost" of the WORK plus 15 percent.
14.2 Whenever any change or extra WORK is to be done, for which UNIT PRICES
for the same type or class of work are contained in the CONTRACT
DOCUMENTS, such WORK shall be done and will be measured and paid for
pursuant to "Method A" hereinabove set forth and applicable portion of the
CONTRACT DOCUMENTS.
14.3 Methods Band C shall include an ITEMIZED COST BREAKDOWN for the
material and labor involved, and a maximum of 15 percent for overhead and
profit. In determining the amount payable to the CONTRACTOR, an additional
5 percent may be added to the amount payable to a SUBCONTRACTOR, but
no "pyramiding" or additional percentage will be authorized for any WORK
done by a SUBCONTRACTOR.
14.4 Resort will not be had, in any case, to "Method D" until negotiation has been
entered into by the parties hereto under Methods B, or C as hereinabove set
forth.
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14.5 When any CHANGED or EXTRA WORK is performed under "Method 0", the
term "ACTUAL FIELD COST" of such CHANGED or EXTRA WORK is hereby
defined to be and shall include:
(1) The actual payroll cost of all workmen such as foremen, equipment
operators, mechanics, and laborers, for the time spent actually performing
the CHANGED or EXTRA WORK.
(2) All materials and supplies incorporated in the CHANGED or EXTRA
WORK.
(3) All machinery and equipment for the time actually employed or used in the
performance or the change or extra WORK based on the appropriate
State Department of Highway's Equipment Schedule in force at the date
of the Change Order.
(4) Any transportation charges necessarily incurred in connection with any
equipment authorized for use on said CHANGED or EXTRA WORK but
which is not already on the site.
(5) All power, fuel, lubricants, water, and similar operating expenses as well
as other expendable materials.
(6) All incidental expenses incurred as a direct result of such CHANGED or
EXTRA WORK, including payroll taxes and a prorated portion of the
premium on the PERFORMANCE, PAYMENT and MAINTENANCE
BOND, and, where the premiums therefore are based on payroll cost, on
Public Liability and Property Damage Insurance, Workmen's
Compensation Insurance, and Occupational Disease Disability Insurance,
Builder's Risk, and other insurance required by the CONTRACT.
(7) No repairs, replacements or other forms of overhead expense shall be
included in "ACTUAL FI ELD COSTS".
14.6 The ENGINEER may direct the form in which the accounts of the ACTUAL
FIELD COSTS shall be kept and may also specify in writing, before the WORK
commences, the method of doing the WORK and the type and kind of
machinery and equipment, if required, which shall be used in the performance
of any CHANGED or EXTRA WORK under Method "0". In the event that
machinery and heavy construction equipment are required for such CHANGED
or EXTRA WORK, the authorization and basis of payment for the use thereof
shall be stipulated in the CHANGE ORDER.
14.7 The 15 percent of the "ACTUAL FIELD COST" to be paid to the
CONTRACTOR shall cover and be full compensation for the CONTRACTOR'S
profits, overhead, general superintendence, and field office expense, and all
other elements of cost not embraced within the "ACTUAL FIELD COST" as
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herein defined. In determining the amount payable to the CONTRACTOR an
additional 5 percent may be addea to the amount payable to a
SUBCONTRACTOR, but no "pyramiding" or additional percentage will be
authorized for any WORK done by SUBCONTRACTORS.
14.8 When compensation for extra work is provided under paragraph 14.1 above,
the Contractor's representative and the Engineer shall compare records of
extra work done at the end of each day. Such records shall be made in
duplicate upon a form provided for such purpose by the Engineer and shall be
signed by both representatives referred to herein, one copy being submitted to
the Engineer and the other being retained by the Contractor.
15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
15.1 The date of beginning and the time for completion of the WORK are essential
conditions of the CONTRACT DOCUMENTS and the WORK embraced shall
be commenced on a date specified in the NOTICE TO PROCEED.
15.2 The CONTRACTOR will proceed with the WORK at such a rate of progress to
insure full completion within the CONTRACT TIME. It is expressly understood
and agreed, by and between the CONTRACTOR and the OWNER, that the
CONTRACT TIME for the completion of the WORK described herein is a
reasonable time, taking into consideration the average climatic and economic
conditions and other factors prevailing in the locality of the WORK.
15.3 If the CONTRACTOR shall fail to complete the WORK within the CONTRACT
TIME, or extension of time granted by the OWNER, then the CONTRACTOR
will pay to the OWNER the amount for liquidated damages as specified in the
BID for each calendar day that the CONTRACTOR shall be in default after the
time stipulated in the CONTRACT DOCUMENTS.
15.4 The CONTRACTOR shall not be charged with liquidated damages or any
excess cost when the delay in completion of the WORK is due to the following,
and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay
to the ENGINEER.
15.4.1
To unforeseeable causes beyond the control and without the fault
or negligence of the CONTRACTOR, including but not restricted to,
acts of God, or of the public enemy, acts of the OWNER, fires,
floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and abnormal and unforeseeable weather; and
15.4.2
To any delays of SUBCONTRACTORS occasioned by any of the
causes specified in this article.
15.5 The assessment of liquidated damages for failure to complete the WORK
within the CONTRACT TIME shall not constitute a waiver of the OWNER's
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right to collect any additional damages which the OWNER may sustain by
failure of the CONTRACTOR to carry out the terms of his CONTRACT.
15.6 Time extensions, however, will not be granted for rain, wind, flood or other
natural phenomena of normal intensity for the locality where WORK is
performed. For purpose of determining extent of delay attributable to unusual
weather phenomena, a determination shall be made by comparing the weather
for at least any continuous one-fourth of the CONTRACT PERIOD involved
with the average of the preceding 5 year climatic range during the same time
interval based on US Weather Bureau statistics for the locality where the
WORK is performed.
15.7 An extension of the CONTRACT PERIOD may be granted by the OWNER for
any of the following reasons:
(1) Additional WORK resulting from a modification of the CONTRACT
DOCUMENTS for the PROJECT.
(2) Any preference, priority or allocation order duly issued by the
Government.
(3) Unforeseeable cause beyond the control and without the fault or
negligence of the CONTRACTOR, including, but not restricted to, acts of
God which are unusual weather phenomena, or acts of the public enemy,
acts of the OWNER, fires, epidemics, quarantine restrictions, industrywide
strikes, freight embargoes, and severe weather as provided above.
(4) Delays of a CONTRACTOR'S SUBCONTRACTORS or suppliers
occasioned by any of the causes specified in (2) and (3) hereof.
15.8 Provided, however, the CONTRACTOR shall notify the OWNER through the
ENGINEER of the alleged cause of such delay as hereinbefore required. The
OWNER shall ascertain the facts and the extent of the delay with the
assistance of the ENGINEER.
15.9 The number of days used in determining the amount of liquidated damages to
be paid by the Contractor for delay in completing the work shall be determined
by subtracting the contract time and any time extensions thereof from the time
actually required for the completion of the work. The time actually required for
the completion of the work is defined as the total number of calendar days
from the date of the Notice to Proceed to the date of substantial completion.
15.10 This provision for liquidated damages shall be effective between the parties
ipso facto without necessity for demand or putting in default by any notice or
other means than by the terms of these Contract Documents, the Contractor
hereby waiving any such other notice of default and acknowledging that the
Contractor shall be deemed to be in default by the mere act of his failure to
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complete the work within the contract time, or within any valid extension of
such time hereunder.
15.11 It is understood and agreed that these liquidated damages are not a penalty,
but constitute liquidated damages for loss to the Owner because of increases
in expenses for administration, legal counsel, accounting, engineering and
construction supervision, and inspection and any other expenses incurred
directly as a result of the delay of the Contractor in completing the work.
16. CORRECTION OF WORK
16.1 The CONTRACTOR shall promptly remove from the premises all WORK
rejected by the ENGINEER for failure to comply with the CONTRACT
DOCUMENTS, whether incorporated in the construction or not, and the
CONTRACTOR shall promptly replace and reexecute the WORK in
accordance with the CONTRACT DOCUMENTS and without expense to the
OWNER and shall bear the expense of making good all WORK of other
CONTRACTORS destroyed or damaged by such removal or replacement.
16.2 All removal and replacement WORK shall be done at the CONTRACTOR's
expense. If the CONTRACTOR does not take action to remove such rejected
WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER
may remove such WORK and store the materials at the expense of the
CONTRACTOR.
16.3 If, in the opinion of the Engineer, it is undesirable to replace any defective or
damaged materials or to reconstruct or correct any portion of the work injured
or not performed in accordance with the Contract Documents, the
compensation to be paid to the Contractor hereunder shall be reduced by such
amount as in the judgment of the Engineer shall be equitable.
17. SUBSURFACE CONDITIONS
17.1 The Owner makes no representations about any subsurface conditions that
may be encountered within the scope of the project. The Contractor should
satisfy himself/herself by onsite inspections. The risk of encountering and
correcting such subsurface condition shall be borne solely by the Contractor,
and the contract price shall include the cost of performing the work complete-
in-place.
18. SUSPENSION OF WORK. TERMINATION. AND DELAY
18.1 The OWNER may suspend the WORK or any portion thereof for a period of
not more than ninety (90) days or such further time as agreed upon by the
CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the
ENGINEER which notice shall fix the date on which WORK shall be resumed.
The CONTRACTOR will resume that WORK on the date so fixed. The
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CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an
extension of the CONTRACT TIME, or both, directly attributable to any
suspension.
18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or if he makes a
general assignment for the benefit of his creditors, or if a trustee or receiver is
appointed for the CONTRACTOR or for any of- his property, or if he files a
petition to take advantage of any debtor's act, or to reorganize under the
bankruptcy or applicable laws, or if he fails to supply sufficient skilled workmen
or suitable materials or equipment, or if he fails to make prompt payments to
SUBCONTRACTORS or for labor, materials, or equipment or if he disregards
laws, ordinances, rules, regulations, or orders of any public body having
jurisdiction of the WORK or if he disregards the authority of the ENGINEER, or
if he otherwise violates any provision of the CONTRACT DOCUMENTS, then
the OWNER may, without prejudice to any other right or remedy and after
giving the CONTRACTOR and his surety a minimum of ten (10) days from
delivery of a WRITTEN NOTICE, terminate the services of the CONTRACTOR
and take possession of the PROJECT and of all materials, equipment, tools,
construction equipment, and machinery thereon owned by the
. CONTRACTOR, and finish the WORK by whatever method he may deem
expedient. In such case the 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 and indirect costs of completing the
PROJECT, including compensation for additional professional services, such
excess SHALL BE PAID TO THE CONTRACTOR. If such costs exceed such
unpaid balance, the CONTRACTOR will pay the difference to the OWNER.
Such costs incurred by the OWNER will be determined by the ENGINEER and
incorporated in a CHANGE ORDER.
18.3 Where the CONTRACTOR's services have been so terminated by the
OWNER, said termination shall not affect any right of the OWNER against the
CONTRACTOR then existing or which may thereafter accrue. Any retention or
payment of monies by the OWNER due to the CONTRACTOR will not release
the CONTRACTOR from compliance with the CONTRACT DOCUMENTS.
18.4 After ten (10) days from delivery of a WRITTEN NOTICE to the
CONTRACTOR and the ENGINEER, the OWNER may, without cause and
without prejudice to any other right or remedy, elect to abandon the PROJECT
and terminate the CONTRACT. In such case, the CONTRACTOR shall be
paid for all WORK executed plus reasonable profit.
18.5 If the performance of all or any portion of the WORK is suspended, delayed, or
interrupted as a result of a failure of the OWNER or ENGINEER to act within a
reasonable time, an adjustment in the CONTRACT PRICE or an extension of
the CONTRACT TIME, or both, shall be made by CHANGE ORDER to
compensate the CONTRACTOR for the costs and delays necessarily caused
by the failure of the OWNER or ENGINEER.
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18.6
18.7
18.8
18.9
19.
19.1
The Contractor shall not suspend the work and shall not remove any
equipment, tools, supplies, materials, or other items without the written
permission of the Owner or Engineer.
The Owner shall have the authority to suspend the work wholly or in part, for
such period as he may deem necessary, due to unsuitable weather; such
other conditions as are considered unfavorable for the suitable prosecution of
the work; or due to the failure on the part of the Contractor to carry out orders
given, prosecute the work satisfactorily and in a workmanlike manner, or to
perform any obligations or requirements of these Contract Documents. The
Contractor shall immediately comply with the written order of the Owner to
suspend the work wholly or in part. The suspended work shall be resumed
when conditions are favorable and methods are corrected, as ordered or
approved in writing by the Owner.
In the event that a suspension of the work is ordered by the Owner, the
Contractor shall at his expense do all the work necessary to secure the work
and the area affected by the work and to protect all previously completed work
as specified herein or as directed by the Owner. The suspension of the work
by the Owner shall not relieve the Contractor of any duties, obligations, or
responsibilities set forth in these Contract Documents. In the event the
Contractor fails to secure and protect the work and area as specified or as
ordered, the Owner and/or Engineer will perform, or cause to be performed, all
work considered necessary by the Engineer and the cost thereof will be
deducted from moneys due or to become due the Contractor under the terms
of these Contract Documents.
During unfavorable weather, wet ground, or other unsuitable construction
conditions, the Contractor shall confine his operations to work which will not be
affected adversely thereby. No portion of the work shall be constructed under
conditions which would adversely affect the quality or efficiency thereof, unless
special means or precautions are taken by the Contractor to perform the work
in a proper and satisfactory manner.
PAYMENTS TO CONTRACTOR
At least ten (10) days before each progress payment falls due (but not more
than once a month), the CONTRACTOR will submit to the ENGINEER a partial
payment estimate filled out and signed by the CONTRACTOR covering the
WORK performed during the period covered by the partial payment estimate
and supported by such data as the ENGINEER may reasonably require. If
payment is requested on the basis of materials and equipment not
incorporated in the WORK but delivered and suitably stored at or near the site,
the partial payment estimate shall also be accompanied by such supporting
data, satisfactory to the OWNER, as will establish the OWNER's title to the
material and equipment and protect his interest therein, including applicable
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insurance, The ENGINEER will either indicate in writing his approval of
payment and present the partial payment estimate to the OWNER, or return
the partial payment estimate to the CONTRACTOR indicating in writing his
reasons for refusing to approve payment. In the latter case, the
CONTRACTOR may make the necessary corrections and resubmit the partial
payment estimate. The OWNER will pay the CONTRACTOR a progress
payment on the basis of the approved partial payment estimate. The OWNER
shall retain ten (10) percent of the amount of each payment until final
completion and acceptance of all work covered by the CONTRACT
DOCUMENTS. The OWNER at any time, however, after fifty (50) percent of
the WORK has been completed, if he finds that satisfactory progress is being
made, shall reduce retainage to five (5%) percent on the current and
remaining estimates. When the WORK is SUBSTANTIALLY COMPLETE
(operational or beneficial occupancy). the retained amount may be further
reduced below five (5) percent to only that amount necessary to assure
completion. On completion and acceptance of a part of the WORK on which
the price is stated separately in the CONTRACT DOCUMENTS, payment may
be made in full, including retained percentages, less authorized deductions.
19.2 The request for payment may also include an allowance for the cost of such
major materials and equipment which are suitably stored either at or near the
site.
19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the concurrence of
the CONTRACTOR, may use any completed or SUBSTANTIALLY
COMPLETED portions of the WORK. Such use shall not constitute an
acceptance of such portions of the WORK.
19.4 The OWNER shall have the right to enter the premises for the purpose of
doing work not covered by the CONTRACT DOCUMENTS. This provision
shall not be construed as relieving the CONTRACTOR of the sole
responsibility for the care and protection of the WORK, or the restoration of
any damaged WORK except such as may be caused by agents or employees
of the OWNER.
19.5 Upon completion and acceptance of the WORK, the ENGINEER shall issue a
certificate attached to the final payment request that the WORK has been
accepted by him under the conditions of the CONTRACT DOCUMENTS. The
entire balance found to be due the CONTRACTOR, including the retained
percentages. but except such sums as may be lawfully retained by the
OWNER, shall be paid to the CONTRACTOR within thirty (30) days of
completion and acceptance of the WORK.
19.6 The CONTRACTOR will indemnify and save the OWNER or the OWNER's
agents harmless from all claims growing out of the lawful demands of
SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and
furnishers of machinery and parts thereof, equipment, tools, and all supplies,
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incurred in the furtherance of the performance of the WORK. The
CONTRACTOR shall, at the OWNER's request, furnish satisfactory evidence
that all obligations of the nature designated above have been paid,
discharged, or waived. If the CONTRACTOR fails to do so the OWNER may,
after having notified the CONTRACTOR, either pay unpaid bills or withhold
from the CONTRACTOR's unpaid compensation a sum of money deemed
reasonably sufficient to pay any and all such lawful claims until satisfactory
evidence is furnished that all liabilities have been fully discharged whereupon
payment to the CONTRACTOR shall be resumed, in accordance with the
terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of
this sentence be construed to impose any obligations upon the OWNER to
either the CONTRACTOR, his Surety, or any third party. In paying any unpaid
bills of the CONTRACTOR, any payment so made by the OWNER shall be
considered as a payment made under the CONTRACT DOCUMENTS by the
OWNER to the CONTRACTOR and the OWNER shall not be liable to the
CONTRACTOR for any such payments made in good faith.
19.7 No separate payment will be made for any items specified in the General
Conditions. Payments for such items shall be included in the unit price and
lump sum prices bid by the Contractor for items listed in the Bid Schedule.
19.8 The Contractor shall accept compensation provided in these Contract
Documents as full payment for furnishing all labor, materials, supplies, tools,
equipment, taxes, fees, employee benefits, incidentals, service, transportation,
risk, contingencies, and other items necessary or convenient to the completed
work and for performing all work contemplated and embraced in these
Contract Documents; for loss or damage arising from the nature of the work,
from the action of the elements, or from any unforeseen difficulties which may
be encountered during the prosecution of the work until the acceptance by the
Owner; for all risks of every description connected with the prosecution of the
work; for all expenses incurred in consequence of the suspension or
discontinuance of the work as provided in these Contract Documents; and for
completing the work in accordance with these Contract Documents. Neither
the payment of any estimate nor of any retained percentage shall relieve the
Contractor of any obligation to make good any defective work or material or of
any provisions of these Contract Documents.
19.9 No compensation will be made in any case for loss of anticipated profits.
19.10 The basis of payment shall be the contract unit prices and/or contract lump
sum price(s) named in these Contract Documents.
19.11 The measurement of quantities shall be made by the Engineer in accordance
with the Specifications and other Contract Documents.
19.12 If the Contract is based on a unit price bid, the items of work to be measured
and the units of measurement shall be as set forth in the Bid Proposal Form.
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Only net quantities of finished work will be measured. Any items of work not
set forth in the Bid Proposal Form, but necessary or convenient for the
satisfactory completion of the work under the terms of these Contract
Documents, shall not be measured separately and shall be considered a part
of said items of work set forth in the Bid Proposal Form.
19.13 If the Contract is based on a lump sum bid, the measurement of quantities for
progress estimates and progress payment requests will be made by the
Contractor, subject to the Engineer's approval, and will be based on items of
work and the value thereof contained in the Contractor's Schedule of Values.
A final measurement of quantities will not be required.
19.14 The Contractor may submit to the Engineer a progress payment request for
the amount of work accomplished, products furnished, and products stored at
the site during the previous month. Three (3) signed copies of each request
shall be furnished. The progress payment request shall be signed by the
Contractor and be supported by such data as the Engineer may reasonably
require. If payment is requested for products not incorporated in the work but
delivered and suitably stored at or near the site, the progress payment request
shall also be accompanied by such supporting data, satisfactory to the Owner,
as will establish the Owner's title to said products and protect his interest
therein, including appropriate insurance. The Contractor shall furnish a proper
and duly executed written authorization designating those persons who will be
authorized to sign and/or certify progress payment requests for the Contractor.
19.15 It is understood and agreed that the approval of the progress payment request
and the paying of a partial payment shall not be construed as acceptance of
any work, materials, or products and shall not relieve the Contractor in any
way from his responsibilities and obligations under these Contract Documents.
19.16 A partial payment will not be made when, in the judgment of the Owner or the
Engineer, the work is not proceeding in accordance with any of the provisions
of these Contract Documents.
19.17 Upon completion of the work and after final acceptance of the work by the
Owner, the Engineer will be authorized to prepare a final estimate of the work
performed by the Contractor under these Contract Documents and to prepare
a final payment request. Preparation of the final estimate and final payment
request will not be authorized until the affidavits, releases of liens, and other
statements and certifications required of the Contractor under these Contract
Documents have been received by the Owner. The Engineer will submit to the
Owner the final estimate and the final payment request, together with a
certification stating that the work is complete and in substantial conformance
with these Contract Documents. The entire balance found to be due the
Contractor, including retained percentages, but except such sums as may be
retained under any provisions of these Contract Documents, will be paid to the
Contractor.
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19.18 Final payment to the Contractor by the Owner shall not selVe to release the
Contractor or his sureties from their obligations or responsibilities under or in
connection with these Contract Documents.
19.19 The acceptance by the Contractor of final payment shall be and shall operate
as a release to the Owner of all claims and all liability to the Contractor other
than claims in stated amounts as may be specifically excepted by the
Contractor for all things done or furnished in connection with the work under
these Contract Documents and for every act and neglect of the Owner and
others relating to or arising out of this work.
20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
20.1 The acceptance by the CONTRACTOR of final payment shall be and shall
operate as a release to the OWNER of all claims and all liability to the
CONTRACTOR other than claims in stated amounts as may be specifically
excepted by the CONTRACTOR for all things done or furnished in connection
with this WORK and for every act and neglect of the OWNER and others
relating to or arising out of this WORK. Any payment, however, final or
otherwise, shall not release the CONTRACTOR or his sureties from any
obligations under the CONTRACT DOCUMENTS or the Performance BOND
and Payment BONDS.
21. INSURANCE
21.1 The CONTRACTOR shall purchase and maintain such insurance as will
protect him from claims set forth below which may arise out of or result from
the CONTRACTOR's execution of the WORK, whether such execution be by
himself or by any other SUBCONTRACTOR or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be
liable:
21 :1.1 Claims under workman's compensation, disability benefit, and other
similar employee benefit acts;
21.1.2 Claims for damages because of bodily injury, occupational sickness
or disease, or death of his employees;
21.1.3 Claims for damages because of bodily injury, sickness or disease,
or death of any person other than his employees;
21.1.4 Claims for damages insured by usual personal injury liability
coverage which are sustained (1) by any person as a result of an offense
directly or indirectly related to the employment of such person by the
CONTRACTOR, or (2) by any other person; and
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21.1.5 Claims for damages because of injury to or destruction of tangible
property, including loss of use resulting therefrom.
21.2 Certificates of Insurance acceptable to the OWNER shall be filed with the
OWNER prior to commencement of the WORK. These Certificates shall
contain a provision that coverage afforded under the policies will not be
canceled unless at least thirty (30) days prior WRITTEN NOTICE has been
given to the OWNER.
21.3 The CONTRACTOR shall procure and maintain, at his own expense, during
the CONTRACT TIME, liability insurance as hereinafter specified. The limits of
liability the CONTRACT TIME, liability insurance as hereinafter specified. The
limits of liability must be at least equal to the limits carried by Augusta-
Richmond County.
21.3.1 CONTRACTOR's General Public Liability and Property Damage
Insurance including vehicle coverage issued to the CONTRACTOR and
protecting him from all claims for personal injury, including death,' and all
claims for destruction of or damage to property, arising out of or in connection
with any operations under the CONTRACT DOCUMENTS, whether such
operations be by himself or by any SUBCONTRACTOR under him, or anyone
directly or indirectly employed by the CONTRACTOR or by a
SUBCONTRACTOR under him. Insurance shall be written with a limit of
liability of not less than $1,000,000 for all damages arising out of bodily injury,
including death, at any time resulting'therefrom, sustained by anyone person
in anyone accident; and a limit of liability not less than $1,000,000 aggregate
for any such damages sustained by two or more persons in anyone accident.
Insurance shall be written with a limit of liability of not less than $1,000,000 for
all property damage sustained by anyone person in anyone accident; and a
limit of liability of not less than $1,000,000 aggregate for any such damage
sustained by two or more persons in anyone accident.
21.3.2 The CONTRACTOR shall acquire and maintain, if applicable, Fire
and Extended Coverage insurance upon the PROJECT to the full insurable
value thereof for the benefit of the OWNER, the CONTRACTOR, and
SUBCONTRACTOR as their interest may appear. This provision shall in no
way release the CONTRACTOR or CONTRACTOR's Surety from obligations
under the CONTRACT DOCUMENTS to fully complete the PROJECT.
21.4 The CONTRACTOR shall procure and maintain, at his own expense, during
the CONTRACT TIME, in accordance with the provisions of the laws of the
state in which the work is performed, WORKMEN'S Compensation Insurance,
including occupational disease provisions for all of the latter's employees
unless such employees are covered by the protection afforded by the
CONTRACTOR. In case any class of employees engaged in hazardous work
under this CONTRACT at the site of the PROJECT is not protected under
WORKMEN'S Compensation statute, the CONTRACTOR shall provide, and
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shall cause each SUBCONTRACTOR to provide, adequate and suitable
insurance for the protection of his employees not otherwise protected.
21.5 The CONTRACTOR shall secure, if applicable, "All Risk" type Builder's Risk
Insurance for WORK to be performed. Unless specifically authorized by the
OWNER, the amount of such insurance shall not be less than the CONTRACT
PRICE totaled in the BID. The policy shall cover not less than the losses due
to fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse,
riot, aircraft, and smoke during the CONTRACT TIME, and until the WORK is
accepted by the OWNER. The policy shall name as the insured the
CONTRACTOR, the ENGINEER, and the OWNER.
21.6 Each insurance policy shall be renewed 10 days before the expiration date
thereof.
21.7 Insurance policies must be carried by a recognized insurance company
licensed to do business in the state in which the project is constructed and
approved by the Owner's Attorney.
21.8 The Contractor's and his subcontractor's public liability and property damage
insurance shall provide protection in the amounts specified in Paragraph
21.3.1 of the General Conditions against the following special hazards:
1. Damage by blasting;
2. Damage to existing structures;
3. Damage to private driveways, walks, shrubbery, plantings, etc.;
4. Damage to public utilities, electric, water, telephone, gas,
sewerage, etc.; and
5. Damage to US government markers.
The insurance certificates themselves must contain the naming of the
aforestated special hazards.
21.9 The Contractor shall not commence work under this Contract until he has
obtained all of the insurance required and such insurance has been approved
by the Owner, nor shall the Contractor allow any subcontractor to commence
work on his subcontract until the insurance required of the subcontractor has
been so obtained and approved.
21.10 In the event any insurance coverage should be canceled or allowed to lapse,
the Contractor will not be permitted to work until adequate and satisfactory
insurance is in effect. Failure to keep insurance policies in effect WILL NOT
be cause for any claims for extension of time under this Contract.
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22. CONTRACT SECURITY
22.1 The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE
OF AWARD furnish the OWNER with a Performance Bond and a Payment
Bond in penal sums equal to the amount of the CONTRACT PRICE,
conditioned upon the performance by the CONTRACTOR of all undertakings,
covenants, terms, conditions, and agreement of the CONTRACT
DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all
persons supplying labor and materials in the prosecution of the WORK
provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed
by the CONTRACTOR and a corporate bonding company licensed to transact
such business in the state in which the WORK is to be performed and named
on the current list of "Surety Companies Acceptable on Federal Bonds" as
published in the Treasury Department Circular Number 570. The expense of
these BONDS shall be borne by the CONTRACTOR. If at any time a surety
on any such BOND is declared a bankrupt or loses its right to do business in
the state in which the WORK is to be performed or is removed from the list of
Surety Companies accepted on Federal Bonds, CONTRACTOR shall within
ten (10) days after notice from the OWNER to do so, substitute an acceptable
BOND (or BONDS) in such form and sum signed by such other surety or
sureties as may be satisfactory to the OWNER. The premiums on such BOND
shall be paid by the CONTRACTOR. No further payments shall be deemed
due nor shall be made until the new surety or sureties shall have furnished an
acceptable BOND to the OWNER.
22.2 Payment Bond in the amount of 100 percent of the contract price and a
Performance Bond in the amount of 100 percent of the contract price shall be
required in the form set forth in the Contract Documents.
22.3 Whenever a Construction and Maintenance or Maintenance Bond may be
required in these Contract Documents, the same shall be the Performance
Bond included herein.
22.4 The attorney-in-fact or officer who signs the Performance Bond and the
Payment Bond for a surety must file with such bond a certified copy of his
power of attorney authorizing him to do so.
23. ASSIGNMENTS
23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign, or
otherwise dispose of the CONTRACT or any portion thereof, or of his right,
title, or interest therein, or his obligations thereunder, without written consent
of the other party.
23.2 In case the Contractor assigns all or any part of any money due or to become
due under this Contract, the instrument of assignment shall contain a clause
substantially to the effect that it is agreed that the right of the assignee in and
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to any money due or to become due to the Contractor shall be subject to prior
claims of all persons, firms, and corporations for services rendered or
materials supplied for the performance of the work called for in these Contract
Documents.
24. INDEMNIFICATION
24.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the
ENGINEER and their agents and employees from and against all claims,
damages, losses, and expenses, including, but not limited to attorney's fees,
arising out of or resulting from the performance of the WORK, provided that
any such claims, damage, loss, or expense 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 but only
to the extent caused 'in whole or in part by any negligent acts or omissions of
the CONTRACTOR, a SUBCONTRACTOR, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable.
24.2 In any and all claims against the OWNER or the ENGINEER, or any of their
agents or employees, by any employees of the 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 shall not be limited in any way by any limitation on the amount or
type of damages, compensation, or benefits payable by or for the
CONTRACTOR or any SUBCONTRACTOR under workmen's compensation
acts, disability benefit acts, or other employee benefit acts.
24.3 The obligation of the CONTRACTOR under this paragraph shall not extend to
the liability of the ENGINEER, his agents or employees arising out of the
preparation or approval of maps, DRAWINGS, opinions, reports, surveys,
CHANGE ORDERS, designs or SPECIFICATIONS,
24.4 It is understood and agreed that the Contractor shall be deemed and
considered an independent contractor in respect to the work covered by these
Contract Documents and shall assume all risks and responsibility for
casualties of every description in connection with the work, except that he shall
not be held liable or responsible for delays or damage to work caused by acts
of God, acts of public enemy, quarantine restrictions, general strikes
throughout the trade, or freight embargoes not caused or participated in by the
Contractor. The Contractor shall have charge and control of the entire work
until completion and final acceptance of the work by the Owner.
24.5 The Contractor shall require his insurance carrier to add the Owner, his
professional consultants and their agents as additional insureds under the
Contractor's general liability insurance policy with respect to the services
performed by the contractor for the Owner.
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25.
25.1
25.2
26.
26.1
26.2
26.3
26.4
26.5
.
.
SEPARATE CONTRACTS
The OWNER reserves the right to let other CONTRACTS in connection with
this PROJECT. The CONTRACTOR shall afford other CONTRACTORS
reasonable opportunity for the introduction and storage of their materials and
the execution of their WORK, and shall properly connect and coordinate his
WORK with theirs. If the proper execution or results of any part of the
CONTRACTOR'S WORK depends upon the WORK of any other
CONTRACTOR, the CONTRACTOR shall inspect and promptly report to the
ENGINEER any defects in such WORK that render it unsuitable for such
proper execution 'and results.
The OWNER may perform additional WORK related to the PROJECT by
himself, or he may let other CONTRACTS containing provisions similar to
these. The CONTRACTOR will afford the other CONTRACTORS who are
parties to such CONTRACTS (or the OWNER, if he is performing the
additional WORK himself), reasonable opportunity for the introduction and
storage of materials and equipment and the execution of WORK, and shall
properly connect and coordinate his WORK with theirs.
SUBCONTRACTING
The CONTRACTOR may utilize the services of specialty
SUBCONTRACTORS on those parts of the WORK which, under normal
contracting practices, are performed by specialty SUBCONTRACTORS.
The CONTRACTOR shall not award WORK to SUBCONTRACTOR(s), in
excess of fifty (50) percent of the CONTRACT PRICE, without prior written
approval of the OWNER.
The CONTRACTOR shall be fully responsible to the OWNER for the acts and
omissions of his SUBCONTRACTORS, and of persons either directly or
indirectly employed by them, as he is for the acts and omissions of person
directly employed by him.
The CONTRACTOR shall cause appropriate provisions to be inserted in all
SUBCONTRACTS relative to the WORK to bind SUBCONTRACTORS to the
CONTRACTOR by the terms of the CONTRACT DOCUMENTS insofar as
applicable to the WORK of SUBCONTRACTORS and to give the
CONTRACTOR the same power as regards terminating any SUBCONTRACT
that the OWNER may exercise over the CONTRACTOR under any provision
of the CONTRACT DOCUMENTS.
Nothing contained in this CONTRACT shall create any contractual relation
between any SUBCONTRACTOR and the OWNER.
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26.6 The Contractor shall give his personal attention to the fulfillment of the
Contract and shall at all times keep the work under his control.
26.7 The Contractor may subcontract portions of the work; however, he shall not
award any work to any subcontractor without prior written approval of the
Owner. The Owner's approval will not be given until the Contractor submits to
the Owner a satisfactory statement concerning the proposed award to a
subcontractor. "Work" as used herein, shall include the procurement and/or
fabrication and the installation of the equipment described in the
Specifications.
26.8 The Contractor shall be as fully responsible to the Owner for the acts and
omissions of his subcontractors, and of persons either directly or indirectly
employed by them, as he is for acts or omissions of persons directly employed
by him. All subcontractors shall be deemed to be agents of the Contractor.
26.9 The approval of the Owner of any subcontractor shall not, under any
circumstances, operate to relieve the Contractor or his sureties of any of his or
their obligations under these Contract Documents. It is understood and
agreed that all subcontracts and approvals of subcontractors shall be based
upon the requisite of performance by the subcontractor in accordance with
these Contract Documents; and should any subcontractor fail to perform his
work to the satisfaction of the Engineer, the Owner shall have the absolute
right to rescind his approval at once and to require the performance of such
work by the Contractor or entirely or in part through other approved
subcontractors.
26.10 The Contractor shall submit a list of the names and addresses of proposed
subcontractors, together with the type of work to be provided, with his bid. The
Contractor will not be allowed to make changes in the list without the Owner's
approval.
26.11 The Contractor shall cause appropriate provisions to be inserted in all
subcontracts relative to the work to bind subcontractors to the Contractor by
the terms of these Contract Documents insofar as applicable to the work of
subcontractors and to give the Contractor the same power as regards
terminating any subcontract that the Owner may exercise over the Contractor
under any provision of these Contract Documents.
26.12 The Contractor shall inspect all work performed by subcontractors for
compliance with these Contract Documents.
27. ENGINEER'S AUTHORITY
.
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27.1 The ENGINEER shall act as the OWNER's representative during the
construction period. He shall decide questions which may arise as to quality
and acceptability of materials furnished and WORK performed. He shall
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interpret the" intent of the CONTRACT DOCUMENTS in a fair and unbiased
manner. The ENGINEER may make visits to the site and determine if the
WORK is proceeding in accordance with the CONTRACT DOCUMENTS.
27.2 The CONTRACTOR shall perform all of the WORK herein specified under the
general direction, and to the entire satisfaction, approval, and acceptance of
the Engineer. The Engineer shall decide all questions relating to
measurements of quantities, the character of the WORK performed and as to
whether the rate of progress is such that the WORK will be completed within
the time limit of the Contract. All questions as to the meaning of these
Specifications will be decided by the Engineer.
27.3 The approval of the Engineer of any materials, plants, equipment, Drawings,
or of any other items executed, or proposed by the Contractor, shall be
construed only to constitute an approval of general design. Such approval
shall not relieve the Contractor from the performance of the WORK in
accordance with the Contract Documents, or from any duty, obligations,
performance guarantee, or other liability imposed upon him by the provisions
of the Contract.
27.4 The CONTRACTOR will be held strictly to the intent of the CONTRACT
DOCUMENTS in regard to the quality of materials, workmanship, and
execution of the WORK. Inspections may be made at the factory or fabrication
plant of the source of material supply.
27.5 The ENGINEER will not be responsible for the construction means, controls,
techniques, sequences, procedures, or construction safety.
27.6 The ENGINEER shall promptly make decisions relative to interpretation of the
CONTRACT DOCUMENTS.
27.7 The Engineer may appoint such inspectors as he may desire. Inspection will
extend to all parts of the work and" to the preparation and manufacture of the
materials to be used. An inspector.is placed on the work to keep the Engineer
and Owner informed as to the progress of construction and the manner in
which it is being done and also to call to the attention of the Contractor any
deviation from the Drawings and Specifications.
27.8 The inspectors have the authority to reject defective material or work that is
being improperly done subject to the final decision of the Engineer. The
inspectors are not authorized to revoke, alter, enlarge, or relax the provisions
of these conditions, nor are they authorized to approve or accept any portion
of the completed work, or to issue instructions contrary to the Drawings and
Specifications.
27.9 The Contractor may request written instructions from the Engineer upon any
important items which lie within the inspector's jurisdiction.
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27.10 In providing the Owner with consulting and inspection services during
construction, the Engineer and his employees do not assume any duty to
supervise construction and safety procedures followed by any contractor,
subcontractor and/or their respective employees or to any other person; nor for
any public liability or for property damage caused through acts of the
Contractor, subcontractor, and/or their respective employees or any other
persons.
28. LAND AND RIGHTS-OF-WAY
28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land
and rights-of-way necessary for carrying out and for the completion of the
WORK to be performed pursuant to the CONTRACT DOCUMENTS, unless
otherwise mutually agreed.
28.2 The OWNER shall provide to the CONTRACTOR information which delineates
and describes the lands owned and rights-of-way acquired.
28.3 The CONTRACTOR shall provide at his own expense and without liability to
the OWNER any additional land and access thereto that the CONTRACTOR
may desire for temporary construction facilities, or for storage of materials.
28.4 In the event all land and rights-of-way have been obtained as herein
contemplated before construction begins, the Contractor shall begin the work
upon such land and rights-of-way as the owner may have previously acquired,
and no claim for damages whatsoever will be allowed by reason of the delay in
obtaining the remaining land and rights-of-way. Should the Owner be
prevented or enjoined from proceeding with the work, or from authorizing its
prosecution, either before or after the commencement, by reason of any
litigation, or by reason of its inability to procure any lands or rights-of-way for
the work, the Contractor shall not be entitled to make or assert claim for
damage by reason of said delay, or to withdraw from the Contract except by
consent of the Owner; but time for-completion of the work will be extended to
such time as the Owner determines will compensate for the time lost by such
delay, such determination to be set forth in writing.
29. GUARANTY
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29.1 The CONTRACTOR shall guarantee all materials and equipment furnished
and WORK performed for a period of one (1) year from the date of
ACCEPTANCE BY OWNER. The CONTRACTOR warrants and guarantees
for a period of one (1) year the completed system is free from all defects due
to faulty materials or workmanship and the CONTRACTOR shall promptly
make such corrections as may be necessary by reason of such defects
including the repairs of any damage to other parts of the system resulting from
such defects. The OWNER will give notice of observed defects with
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30.
30.1
30.2
30.3
31.
31.1
32.
32.1
-
33.
33.1
reasonable promptness. In the event that the CONTRACTOR should fail to
make such repairs, adjustments, or other WORK that may be made necessary
by such defects, the owner may do so and charge the CONTRACTOR the cost
thereby incurred. The PERFORMANCE BOND shall remain in full force and
effect through the guarantee period.
TAXES. PERMITS AND LICENSES
The CONTRACTOR will pay all sales, consumer, use, and other similar taxes
required by the law of the place where the WORK is performed.
The Contractor shall pay all applicable taxes levied by federal, state, and local
governments and obtain all permits on any part of the work as required by law
in connection with the work. It is understood and agreed that the cost of said
taxes is included in the contract price{s) for the work.
The Contractor shall procure all temporary and permanent permits and
licenses necessary and incidental to the due and lawful prosecution of the
work and shall pay all charges and fees, and all costs thereof shall be deemed
to be included in the contract price{s) for the work.
DISPUTES
All claims, disputes and other matters in question between the Owner and the
Contractor arising out of or relating to the Agreement, or the breach thereof,
shall be decided in the Superior Court of Richmond County, Georgia. The
Contractor, by executing this agreement, specifically consents to venue in
Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
CONTRACT PROVISIONS REQUIRED BY LAW
It is understood and agreed that each and every provision and clause required
by local, state, and federal laws to be inserted in these Contract Documents
shall be deemed to be inserted herein in their entirety, and the Contract
Documents shall be read and enforced as though they were included herein.
If through mistake or otherwise any such provision or clause is not inserted or
is not correctly inserted, these Contract Documents shall fo.rthwith be
physically amended to make such insertion or correction upon the application
of either party of the Contract.
PROHIBITED INTEREST
No member of or delegate to Congress or resident commissioner shall be
admitted to any share or part of this Contract or to any benefit that may arise
therefrom, but this provision shall not be construed to extend to this Contract if
made with a corporation for its general benefit.
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33.2 No official of the Owner who is authorized in such capacity and on behalf of
the Owner to negotiate, make, accept or approve, or to take part in
negotiating, making, accepting, or approving any architectural, engineering,
inspection, construction, or material supply contract or any subcontract in
connection with the construction of the project, shall become directly or
indirectly interested personally in this Contract or in any part hereof. No
officer, employee, architect, attorney, engineer, or inspector of or for the
Owner who is authorized in such capacity and on behalf of the Owner to
exercise any legislative, executive, supervisory, or other similar functions in
"connection with the construction of the project, shall become directly or
indirectly interested personally in this contract or in any part thereof, any
material supply contract, subcontract, insurance contract, or any other contract
pertaining to the project.
34. USE OF PREMISES AND REMOVAL OF DEBRIS
34.1 The Contractor expressly undertakes at his own expense:
(a) To take every precaution against injuries to persons or damage to
property;
(b) To store his apparatus, materials, supplies, and equipment in such
orderly fashion at the site of the work as will not unduly interfere
with the progress of his work or the work of any other contractors;
(c) To place upon the work or any part thereof only such loads as are
consistent with the safety of that portion of the work;
(d) To clean up frequently all refuse, rubbish, scrap materials, and
debris caused by this operation, to the end that at all times the site
of the work shall present a neat, orderly. and workmanlike
appearance;
(e) Before final payment, to remove all surplus material, false work,
temporary structures, including foundations thereof, plant of any
description, and debris of every nature resulting from his
operations, and to put the site in a neat, orderly condition;
(f) To effect all cutting, fitting, or patching of his work required to make
the same conform to the Drawings and Specifications and, except
with the consent of the Engineer, not to cut or otherwise alter the
work of any other contractor.
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35. ESTIMATE OF QUANTITIES
35.1 When the Bid Proposal Form contains the provision for receiving bids based
on unit prices for various items comprising the complete work, the quantities
indicated are approximate only, being given as a basis for comparison of bids.
The Owner does not, expressly or by implication, agree that the actual
quantity of the items will correspond with the estimated quantity shown in the
Bid Proposal Form, and reserves the right to increase or decrease the amount
of any item or portion of the work, or to omit portions of the work, as may be
deemed necessary or advisable by the Engineer.
35.2 When the Bid Proposal Form contains the provision for receiving bids based
on a lump sum price, the Contractor shall be held responsible for having
prepared his own estimate of the quantities necessary for the satisfactory
completion of the work specified in these Contract Documents and for having
based the lump sum price bid on his estimate of quantities.
35.3 It is understood and agreed that the Contractor shall be held responsible for
the inclusion of the cost of all incidental items of work necessary or convenient
for the satisfactory completion of the work, in accordance with and within the
intent of these Contract Documents, in the price(s) bid and that the price(s) bid
provide for the satisfactory completion of the work specified in these Contract
Documents.
36. CONTRACTOR'S OBLIGATIONS
36.1 The Contractor shall in good workmanlike manner perform all work and furnish
all supplies and materials, machinery, equipment, facilities, and means, except
as herein otherwise expressly specified, necessary or proper to perform and
complete the work required by this Contract, within the time herein specified, in
accordance with the provisions of this Contract and said Specifications and in
accordance with the Drawings covered by this Contract and all supplemental
Drawings, and in accordance with the directions of the Engineer as given from
time to time during the progress of .the work. He shall furnish, erect, maintain,
and remove such construction plant and such temporary works as may be
required. The Contractor shall observe, comply with, and be subject to all
terms, conditions, requirements, and limitations of the Contract and
Specifications and shall do, carry on, and complete the entire work to the
satisfaction of the Engineer and the Owner.
36.2 The Contractor shall restore disturbed areas to original or better condition.
36.3 When work performed under this Contract is in areas where easements and
working agreements have been obtained by the Owner on private properties, it
shall be the responsibility of the Contractor to protect trees, shrubs, gardens,
etc., insomuch as is possible and to restore said properties to the satisfaction
of the property owners. Said protection and restoration shall include but not
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be limited to the fencing off of trees and shrubs, transplanting of trees and
shrubs, etc., replacing topsoil removed with topsoil of equal or better quality,
regrassing, and replacing fences. All expenses for said protection and
restoration shall be borne by the Contractor, and no separate payment shall be
made for this work.
36.4 When work is done on private property in easements and working agreements
obtained by the Owner, the Contractor shall furnish affidavits from the property
owners attesting to the fact that their property has been satisfactorily restored
before that portion of the work will be considered for final payment.
37. PAYMENTS BY CONTRACTOR
37.1 The Contractor shall pay (a) for all transportation and utility services not later
than the 20th day of the calendar month following that in which services are
rendered; (b) for all materials, tools, and other expendable equipment to the
extent of 90 percent of the cost thereof, not later than the 20th day of the
calendar month following that in which such materials, tools, and equipment
are delivered at the site of the project, and the balance of the cost thereof not
later than the 30th day following the completion of that part of the work in or on
which such materials, tools, and equipment are incorporated or used; and (c)
to each of his subcontractors, not later than the 5th day following each
payment to the Contractor, the respective amounts allowed the Contractor on
account of the work performed by his subcontractors to the extent of each
subcontractor's interest therein.
38. WAIVER'
38.1 It is expressly understood and agreed that any waiver granted by the Engineer
or the Owner of any term, provision, or covenant of this Contract shall not
constitute a precedent nor breach of the same or any other terms, provisions,
or covenants of this Contract.
38.2 Neither the acceptance of the work. by the Owner nor the payment of all or any
part of the sum due the Contractor hereunder shall constitute a waiver by the
Owner of any claim which the Owner may have against the Contractor or
surety under this Contract or otherwise.
39. CHEMICALS
39.1 All chemicals used during project construction or furnished for project
operation, whether herbicide, pesticide, disinfectant, polymer, reactant, or of
other classification, must show approval of either EPA or USDA. Use of all
chemicals and disposal of residues shall strictly conform with the
manufacturer's instructions.
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40. CONNECTING OF EXISTING WORK
40.1 The Contractor shall remove such existing material as is necessary in order to
make the proper landscaping connections. Also, he shall place any necessary
other materials in order that on completion of the Contract, all area has
established grass. No extra payment shall be made for this work, but the
entire cost of the same shall be included in the price bid for the various items
of the work to be done under this Contract.
41. PROGRAM AND METHOD OF CONSTRUCTION
41.1 The order or sequence of execution of the work, the methods of construction,
the general conduct of the work, and the general arrangements Of the
construction plant to be installed shall at all times be subject to the approval
and direction of the Engineer. If at any time before the commencement or
during the progress of the work, or any part of it, such methods, features, and
appliances used or to be used appear to the Engineer as unsafe, insufficient,
or improper, he may order the Contractor to increase their safety or efficiency
or to improve their character, and the Contractor shall conform to such orders,
but the failure of the Engineer to demand any increase of such safety,
efficiency, adequacy, or any improvement shall not release the Contractor from
his obligation to secure the safe conduct and quality of the work specified.
42. BUILDING AND SHANTIES
42.1 No shanties, camps, or buildings for the housing of men employed on the work
shall be erected on land owned or leased by the Owner unless a permit, in
writing, is secured from the Owner allowing their construction. Should
permission be asked and granted, the Contractor must comply with all
regulations regarding the construction and maintenance of such buildings.
43. SEWAGE. SURFACE. AND FLOOD FLOWS
43.1 The Contractor shall furnish all necessary equipment, materials, and labor at
his expense for handling, passing, and disposing of all sewage, seepage,
surface, subsurface, and flood flows encountered at any time during the
prosecution of the work. It is understood and agreed that the Contractor shall
bear all risks associated with said flows; shall indemnify the Owner and the
Engineer from any liabilities resulting from said flows; and shall not make any
claim for additional compensation for delays or damage resulting from said
flows. The manner of providing for these flows shall be satisfactory to the
Engineer and in conformance with all applicable laws and regulations.
43.2 The Contractor will minimize siltation and bank erosion during construction.
43.3 During the period of construction the Contractor shall cooperate with the
Owner's employees in maintaining all existing facilities in operation. The cost
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of any temporary connections or bypasses shall be included in the price bid for
other items of work under this Contract as no separate payment will be made.
43.4 No wastewater will be bypassed during construction unless a schedule has
been approved by the applicable state Department of Public Health and the
EPA if required pursuant to terms of NPDES permit.
44. OBSTRUCTIONS ENCOUNTERED
44.1 In addition to showing the structures to be built under this Contract, the
Drawings show certain information obtained by the Owner regarding the
pipelines and other structures which exist along the site of the work, both at
and below the surface of the ground. The Owner expressly disclaims any
responsibility for the accuracy or completeness of the information , said
structures and pipelines being shown only for the convenience of the
Contractor who must verify the information to his own satisfaction. The giving
of this information upon the Drawings will not relieve the Contractor of his
obligations to support and protect all pipelines and other structures which may
be encountered during the construction of the work and to make good all
damages done to such pipelines and structures as provided in these General
Conditions.
45. USE OF STREETS
45.1 During the progress of the work, the Contractor shall make ample provision for
both vehicular and foot traffic on any public road and shall indemnify and save
harmless the Owner from any expense whatsoever due to his operations over
said roadways. The Contractor shall also provide free access to all fire
hydrants and water and gas valves located along the line of his work. Gutters
and waterways must be kept open or other provisions made for the removal of
storm water. Street intersections may be blocked only onehalf at a time, and
the Contractor shall lay and maintain temporary driveways, bridges. and
crossings such as in the opinion of the Engineer are necessary to reasonably
accommodate the public and to provide access to needed private driveways.
In the event of the Contractor's failure to comply with these provisions, the
Owner may cause the same to be done and will deduct the cost of such work
from any money due or to become due the Contractor under this Contract, but
the performance of such work by the Owner or at its insistence shall serve in
nowise to release the Contractor from his general or particular liability for the
safety of the public or the work.
45.2 Required line crossings of all streets and roads shall be done in accordance
with the applicable state Department of Transportation procedures.
45.3 The Contractor will be permitted to close a street when necessary for the
proper prosecution of the work. The Contractor shall keep the Police and Fire
Departments continuously informed as to his intentions to close streets and
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give the Police Department sufficient notice in order that "No Parking" signs
may be placed at the proper time to clear the street for construction.
45.4 The Contractor shall maintain proper barricades and flagmen to detour traffic.
45.5 At all times, the Contractor is responsible for damage to City and County
streets as a result of their use in this project. The streets must be kept clear of
all dirt, stone, or other debris. All debris, dirt, etc., whether caused by rains,
storms, spillage from trucks or otherwise, shall be kept out of sewers. The
Contractor is responsible for and may not plead ignorance of City and County
ordinances and amendments hereto that may affect the use of streets or
sewers.
46. ACCESS BY REPRESENTATIVES OF GOVERNMENTAL AGENCIES
46.1 The authorized representatives and agents of all governmental agencies
involved in this project shall have access to the work at all times and shall be
permitted to inspect all work, materials, payrolls, records of personnel, invoices
of materials, and other relevant data and records. The Contractor shall
provide proper facilities for the access and inspection of the work by such
persons.
47. LOCAL AND STATE LAWS
47.1 The Contractor shall abide by all local and state laws or ordinances to the
extent that such requirements do not conflict with federal laws or regulations.
48. "OR EQUAL" CLAUSE
48.1 Any reference to an item of equipment or material by a specific manufacturer's
brand or trade name in these Contract Documents is intended merely as a
standard. Products or materials of other manufacturers which, in the opinion
of the Engineer are the equal of that specified, considering quality,
workmanship, and economy of operation, and suitable for the purpose
intended, will be accepted.
48.2 Where the phrase "or equal" occurs in the Contract Documents, the Contractor
shall not assume that materials, equipment, or methods will be approved by
the Engineer unless the item has been specifically approved for this project by
the Engineer.
48.3 The decision of the Engineer shall be final.
48.4 The Contractor shall provide all data required by the Engineer to verify the
equality of items which the Contractor may wish to substitute for the specified
items.
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48.5 The Contractor shall verify prior to bidding that all specified items will be
available in time for installation during orderly and timely progress of the
project.
48.6 In the event specified items will not be so' available, the Contractor shall notify
the Engineer prior to receipt of bids.
48.7 Costs of delays because of nonavailability of specified items, when such
delays could have been avoided by the Contractor, will be backcharged as
necessary and shall not be borne by the Owner.
48.8 In cases where experience clauses are used, an alternate bond or cash
deposit may be accepted from manufacturers which do not meet the specified
experience period. The bond or cash deposit provided by the manufacturer or
supplier will guarantee replacement of the equipment or process in the event
of failure or unsatisfactory service. The period of time for which the bond or
cash deposit is required shall be the same as the experience period of the time
specified.
49. NEW JOB OPPORTUNHIES
49.1 The Contractor shall:
a. To the maximum extent practicable, follow hiring and employment
practices which will assure that performance of the work results in
new job opportunities for the unemployed and the underemployed;
and
b. Insert or cause to be inserted the same or similar provisions in
each construction subcontract.
50. CONSTRUCTION RESTRICTIONS
50.1 Heavy construction machinery shall not be used within five hundred (500) feet
of residential areas between the hours of 7:00 p.m. and 7:00 a.m.
50.2 No blasting or drilling shall be allowed.
51. LEADBASED PAINT AND JOINT SEALERS
51.1 No lead based paints, protective coatings, or joint sealers may be used on this
project.
52. COOPERATION WITH PUBLIC UTILITIES
52.1 The Contractor shall notify the owners of adjacent utilities when the
prosecution of the work may affect the utility facilities or operation. The
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Contractor shall perform and carry on the 'work so as not to interfere with or
damage utility facilities in the vicinity of the work. The Contractor shall take
every possible precaution to properly protect and preserve, including
temporary supports and bracing where necessary, the utility facilities from
damage, injury, or displacement. The Contractor shall remedy all damage,
injury, or loss to any property caused, directly or indirectly, in whole or in part,
by the Contractor, any subcontractor, or any person directly or indirectly
employed or engaged by the Contractor or a subcontractor or any person for
whose acts the Contractor or a subcontractor is liable.
52.2 The Owner and the Engineer will not be responsible for any delay in
performing the work resulting from the existence, removal, or adjustment of
any utility facilities. Additional costs incurred by the Contractor as a result
thereof shall be borne solely by the Contractor.
52.3 Utility facilities, such as water mains, gas mains, storm sewers, sanitary
sewers, telephone lines, power lines, and buried facilities and structures in the
vicinity of the work are indicated on the drawings only to the extent such
information has been made available to or discovered by the Engineer during
the course of preparing the Drawings. The actual locations of the utility
facilities may vary from the locations shown and there may be utility facilities
existing that are not indicated on the Drawings. It is understood and agreed
that there is no guarantee as to the accuracy or completeness of the utility
information indicated on the Drawings and all responsibility for the accuracy or
completeness thereof is expressly disclaimed. Generally, service connections
are not indicated on the Drawings.
52.4 The Contractor shall be solely responsible for locating all existing underground
facilities, including service connections, in advance of excavating, trenching, or
other work, by contacting the owners of the facilities or prospecting. The
Contractor shall use his own information and shall not rely upon any
information shown on the Drawings concerning utility facilities.
52.5 In the event of accidental damage to or disruption of utilities by the Contractor
or any of his subcontractors or agents, the Contractor shall immediately take
all necessary steps to replace any pieces of damaged equipment and all
damaged materials, make all necessary repairs, and restore all services to
normal. The Contractor shall engage any and all required additional labor,
individuals, subcontractors, or other outside services which may be deemed
necessary to operate on a continuous "around-the-clock" basis until services
are restored. He shall also provide and install all required equipment and
materials to maintain temporary emergency services for uninterrupted use of
facilities. All costs involved in making the repairs and restoring the disrupted
service to normal shall be borne by the Contractor responsible for any and all
damage claims resulting from such disruption.
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52.6 Under no circumstances shall the Contractor or any of his subcontractor or
agents disrupt or disconnect any type of facility whatsoever without first
obtaining the written permission of the utility owner to do so. Request for
disruption or disconnection shall state:
1. The location of the required disconnect and which utility is
concerned.
2. The exact date and time at which the disconnect will be required.
3. The duration of the proposed disconnect or interruption.
52.7 Where it is necessary to temporarily interrupt services, the Contractor shall
notify the utility owner, both before the interruption and again immediately
before service is resumed. Before disconnecting any pipes or cables, the
Contractor shall obtain permission from the owners thereof, or shall make
suitable arrangements for their disconnection by the owners. Where it is
necessary to temporarily interrupt house services, the Contractor shall notify
the house owner or occupant, both before the interruption and again
immediately before service is resumed. Should underground utilities or
structures be encountered that are in minor conflict with the alignment or
gradient of the proposed work, the proposed work may be adjusted by the
Engineer where such adjustment is feasible and will not interfere with the
operation of the proposed system. No payment will be made for these
adjustments. Where major conflicts in the proposed work and existing utilities
or structures occur and adjustment of the new work is not feasible, then the
Engineer may revise the alignment and/or grade to suit these conditions. If, in
the opinion of the Engineer, these revisions are necessary and are outside the
scope of the bid items, they will be paid for as extra work.
53. ABANDONMENT OR TERMINATION OF CONTRACT
53.1 For contracts over $10,000, the Owner reserves the right to abandon the
Contract if it will be in the Owner's best interest. The Contractor will be paid a
fair payment, as negotiated with the Owner, for the work completed to date.
54. EVIDENCE OF PAYMENT
54.1 The Contractor may be asked to present acceptable evidence from time to
time that all bills have been paid for labor, materials, and equipment for which
payment on account has been made in monthly estimates. Before final
payment is made, the Contractor shall, if required by the Owner, present a
sworn affidavit that all labor, materials, equipment, and services engaged for
the work have been paid in full and that there are no outstanding debts or liens
on any portions of the work.
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55. ACCESSIBILITY OF RECORDS
55.1 The Owner, representatives of applicable federal agencies, the Comptroller
General of the United States, or any of their duly authorized representatives,
for a period of 3 years beyond completion of the Contract, shall have access to
any books, documents, papers, and records of the Contractor which are
directly pertinent to this project for the purpose of making audit, examination,
excerpts, and transcriptions of contracts in excess of $10,000.
56. ARCHAEOLOGICAL PLAN FOR IDENTIFICATION AND EXCAVATION OF
SIGNIFICANT SITES
56.1 Identification and Excavation:
Since no known sites are to be directly impacted by proposed
construction, no plans have been made for archaeological excavations
prior to construction. Due to the possibilities that sites may be
encountered during construction, the following procedure has been
established:
1. The resident engineer shall be instructed to notify either a local
professional archaeologist or the director of the state Division of
Archaeology in the event that concentrations of shells, pottery
fragments, bones, beads, flint projectiles, etc., are encountered
during construction.
2. Construction shall be stopped immediately in the area in question
and will be diverted to other areas so as to provide for minimal
delays in construction.
3. If the site is determined to be significant, the resident engineer and
Contractor shall cooperate with the archaeologist(s) so that salvage
archaeology may be arranged and carried out expediently. The
Contractor shall not be. held responsible for unreasonable delays
associated with salvage archaeology operations.
** END OF SECTION **
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SUPPLEMENTAL GENERAL CONDITIONS
O. GENERAL
0.1 SUPPLEMENTS: The supplements contained in these Supplemental General
Conditions modify, change, delete from, or add to the General Conditions of these
contract Documents. Where any article of the General Conditions is modified or any
paragraph, subparagraph, or clause thereof is modified or any paragraph,
subparagraph, or clause thereof is modified by these supplements, the unaltered
provisions of that article, paragraph, subparagraph, or clause shall remain in effect.
1.0 INSURANCE (Refers to Article 21, General Conditions)
The successful bidder will be required as a part of the contract documentation to
furnish specific items of insurance. Prior to the time the contract is submitted to the
OWNER ( ) for final approval the OWNER
must have in hand the following documentation:
1.1 A Certificate of Insurance certifying that the contractor's insurance includes
coverage for the following:
a. The Contractor shall be responsible from the time of signing the
contract, or from the time of the beginning of the first work, whichever
shall be earlier, for all injury or damage of any kind resulting from this
work, to person or property. The Contractor shall exonerate,
indemnify and save harmless the OWNER and the Engineer from and
against all claims or actions, and all expenses incidental to the
defense arising out of damage or injury (including death) to persons
or property caused by or sustained in connection with the perfor-
mance of this contract or by conditions created thereby or arising out
of or in any way connected with work performed under this contract
and shall assume and pay for, without cost to the OWNER or the
Engineer, the defense of any and all claims, litigation and actions
suffered through any act or omission of the Contractor or anyone
directly or indirectly employed under the supervision of any of them.
1.2 A Certificate of Insurance showing coverage by insurance carriers licensed
and doing business in Georgia and acceptable to the OWNER for the
following:
a. Statutory Workmen's Compensation Insurance.
b. Comprehensive Liability Insurance covering all operations and
automobiles (i) with limits of $1 ,000,000 per occurrence $3,000,000
General Aggregate Bodily Injury inclusive of protection against bodily
injury due to excavation, shoring, underpinning and blasting, to the
extent to which such risks are present, and (ii) with limit of $1 ,000,000
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per occurrence Property Damage, inclusive of protection against
damage due to excavation, shoring, underpinning and blasting, to the
extent to which such risks are present.
c. Protective coverage for any subcontractor's operations.
d. Contractual liability coverage of not less than $1,000,000 to hold
harmless the OWNER, his agents and the Engineer, in accordance
with 1 (a) herein.
e. Builder's Risk (Fire and Extended Coverage). The Contractor shall
purchase and maintain adequate fire and standard extended
coverage insurance upon the project. The insurance shall provide
protection at all times against loss by the OWNER and Contractor
until final acceptance of the entire project. This provision with respect
to Builder's Risk Insurance shall in no way relieve the contract or of
his obligation of completing the work covered by the contract.
1.3 The Certificate of Insurance must provide that the OWNER will be given ten
(10) days prior written notice from the insurer before any insurance is
canceled, modified or changed, as evidenced by a signed return receipt of
certified mail. A statement that the insurer will attempt to give 30 days notice
is acceptable.
1.4 The Certificate of Insurance must certify to and include the following:
a. Policy number, policy limits and policy expiration date of all policies
issued in accordance with this contract.
b. Location and operations to which the insurance applies.
c. Statement that blasting coverage is included to the extent to which
such risk is present.
d. Contractor's protective coverage for any subcontractor's operations;
otherwise provide separate certificates for subcontractors.
e. Certify that the Contractor has Contractual Liability Coverage which
incorporates a Hold Harmless Agreement as specified herein.
f. Certification mlJst be in accordance with the applicable insurance
policies and are not intended to alter the policies.
g. Shall name and be issued to the OWNER and the Engineer as
insured under the policies.
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1.5 Criteria for Holding Companies Submitting Surety Bonds to the OWNER.
An insurer, to be acceptable, will be required to meet the following criteria:
a. A Company holding a Certificate of Authority as an acceptable Surety
on Federal Bonds, as published in the latest such listing in the
Federal Register; and an insurance company licensed to do business
within the State of Georgia as a company writing policies of insurance
and/or bid bonds, payment bonds and performance bonds, regulated
as such by the Georgia Department of Insurance, and the participant
in the State of Georgia Insurance and Solvency Pool, and meet the
following additional criteria:
(1) A company with a rating in the A.M. Best Companies' most
recent publishing rating of "A++ or A+: Class IV or Larger".
(2) A company with a rating in A.M. Best Companies' most recent
publishing rating of "A: Class V or Larger".
(3) A company with a rating in A.M. Best Companies' most recent
publishing rating of "A-: Class X or Larger".
(4) A company which can furnish an assumption certificate or cut
through clause in a statement of coverage under which
payment is guaranteed 1 00% to third-party claimants by a
reinsurer with a rating in A.M. Best Companies' most recent
published rating of "A or A+: Class V or Larger".
(5) In lieu of the A.M. Best Company Rating, insurers rated AAA,
AA+, AA, AA- by Standard & Poors Insurance Rating Services
will also be acceptable.
b. If surety does not meet any of the above qualifying criteria, the
OWNER, in its sole discretion, shall evaluate any such surety, upon
receiving from the company the following information, plus any other
information it deems relevant:
(1) Copy of a certified financial audit for the insurer's most recent
fiscal year, performed by a nationally or regionally recognized
accounting firm, giving the company a clean opinion.
(2) Copy of a report for the insurer's most recent fiscal year from
an independent, certified actuary verifying recommended and
approved loss reserves, premium structures (not less than
85% approved by the Georgia Department of Insurance for
insurance writing bid bonds, payment bonds and performance
bonds within Georgia), and appropriate funding.
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(3) Proof of excess insurance and reinsurance from a carrier with
a rating in A.M. Best Companies' most recent rating of "A+ or
A: Class V or Larger" in an amount sufficient to cover the bid,
payment or performance bond required by the OWNER.
(4) Proof that the company has been admitted in Georgia.
(5) Proof that the company has a Certificate of License from its
state of domicile.
(6) There is presently not outstanding a current "rejection" or letter
of "objection" against he company in any other state.
2.0 SUSPENSIONS. TERMINATION. AND DELAY (Refers to Article 18 of General
Conditions)
2.1 If the OWNER terminates the contract, and if it is subsequently determined
for any reason that the OWNER was not authorized to terminate the contract,
the rights and obligations of the parties shall be the same as if the OWNER
has issued a Notice of Termination to the Contractor as provided in
Paragraph 2.2 hereinbelow.
2.2 The OWNER may, at any time, terminate, in whole or in part, the work under
this contract for the OWNER'S convenience and without cause. Any such
termination shall be effected by delivery to the Contractor of a Notice of
Termination specifying the extent to which performance of Work under the
contract is terminated, and the date upon which such termination becomes
effective;
2.3 After receipt of a Notice of Termination, and except as otherwise directed by
the OWNER, the Contractor shall:
a. Stop work under the contract on the date and to the extent specified
in the Notice of Termination;
b. Place no further orders or subcontracts for materials, services, or
facilities except as necessary to complete the portion of the work
under the contract which is not terminated;
c. Terminate all orders and subcontracts to the extent that they relate to
the performance of the work terminated by the Notice of Termination;
d. Assign to the OWNER, in the manner, at the times, and to the extent
directed by the OWNER, all of the right, title and interest of the
Contractor under the orders and subcontracts so terminated. The
OWNER shall have the right, in its discretion, to settle or pay any or
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all claims anslng out of the termination of such orders and
subcontracts;
e. Settle all outstanding liabilities and all claims arising out of such
termination of orders and subcontracts, with the approval or ratifica-
tion of the OWNER to the extent the OWNER may require. Its
approval or ratification shall be final for all the purposes of Article
2.3.e.
f. Transfer title to the OWNER, and delivery in the manner, at the times,
and to the extent, if any, directed by the OWNER, (i) the fabricated or
unfabricated parts, work in progress, completed work, supplies, and
other material produced as a part of, or acquired in connection with
the performance of the work terminated by the Notice of Termination,
and (ii) the completed or partially completed plans, drawings,
information, and other property which, if the contract had been
completed, would have been required to be furnished to the OWNER;
g. Use his best efforts to sell, in the manner, at the times, to the extent,
and at the price or prices that the OWNER directs or authorizes, and
property of the types referred to in Article 2.3.1., but the Contractor (i)
shall not be required to extend credit to any purchaser, and (ii) may
acquire any such property under the conditions prescribed and at a
price or prices approved by the OWNER. The proceeds of any such
transfer or disposition shall be applied in reduction of any payments
to be made by the OWNER to the Contractor under this contract or
shall otherwise be credited to the price or cost of the work covered by
this contract or paid in such other manner as the OWNER may direct;
h. Complete performance of such part of the work as shall not have been
terminated by the Notice of Termination; and,
i. Take such action as may be necessary, or as the OWNER may direct,
for the protection and preservation of the property related to this
contract which is in the possession of the Contractor and in which the
OWNER has or may acquire an interest;
2.4 After receipt of a Notice of Termination, the Contractor shall submit to the
OWNER his termination claim in the form and with the certification the
OWNER prescribes. Such claims shall be submitted promptly but in no
event later than ninety (90) days from the effective date of termination,
unless one or more extensions in writing are granted by the OWNER upon
request of the Contractor made in writing within such ninety-day (90) period
or authorized extension. However, if the OWNER determines that the facts
justify such action, it may receive and act upon any such termination claim
at any time after such ninety-day (90) period or extension. If the Contractor
fails to submit his termination claim within the time allowed, the OWNER may
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determine, on the basis of information available to it, the amount, if any, due
to the Contractor because of the termination. The OWNER shall then pay
to the Contractor the amount so determined and the Contractor shall have
no further claim against the OWNER;
2.5 Subject to the provisions of Article 2.4, the Contractor and the OWNER may
agree upon the whole or any part of the amount or amount to be paid to the
Contractor because of the total or partial termination of work under Article
2.4. The amount or amounts may include a reasonable allowance for profit
on work done. However, such agreed amount or amounts, exclusive of
settlement costs, shall not exceed the total contract sum as reduced by the
amount of payments otherwise made and as further reduced by the contract
price of work not terminated. The contract shall be amended accordingly,
and the Contractor shall be paid the agreed amount. Nothing in Article 2.6
prescribing the amount to be paid to the Contractor in the event of failure of
the Contractor and the OWNER to agree upon the whole amount to be paid
to the Contractor because of the termination of work under this clause, shall
be deemed to limit, restrict, or otherwise determine or affect the amount or
amounts which may be agreed upon to be paid to the Contractor pursuant
to Article 2.5.
2.6 If the Contractor and the OWNER fail to agree as Article 2.5 provides, on the
whole amount to be paid to the Contractor because of the termination of
work under Article 2.4, the OWNER shall determine, on the basis of
information available to it, the amount, if any, due to the Contractor by
reason of the termination and shall pay to the Contractor the amounts
determined as follows:
a. For all work performed before the effective date of the Notice of
Termination, the total (without duplication of any items) of:
landfill Grassing/6-16-00
i.
The cost of such work;
ii.
The cost of settling and paying claims arising out of the
termination of work under subcontracts or others as Article 2.5
provides. This cost is exclusive of the amounts paid or
payable on account of supplies or materials delivered or
services furnished by the subcontractor before the effective
date of the Notice of Termination. These amounts shall be
included in the cost on account of which payment is made
under (i) above; and,
iii.
A sum, as profits on (i) above, that the OWNER determines to
be fair and reasonable. But if it appears that the Contractor
would have sustained a loss on the entire contract had it been
completed, no profit shall be included or allowed under this
subdivision (Hi) and an appropriate adjustment shall be made
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reducing the amount of the settlement to reflect the indicated
rate of loss.
b. The reasonable cost of the preservation and protection of property
incurred under Article 2.3.i and any other reasonable cost incidental
to termination of work under this contract, including expense inciden-
tal to the determination of the amount due to the Contractor as a
result of the termination of work under this contract. The total sum to
be paid to the Contractor under Article 2.6.a shall not exceed the total
contract sum as reduced by the amount of payments otherwise made
and as further reduced by the contract price of work not terminated.
Except for normal spoilage and except to the extent that the OWNER
shall have otherwise expressly assumed the risk of loss, there shall
be excluded from the amount payable to the Contractor under Article
2.6.a above, the fair value, as determined by the OWNER of property
which is destroyed, lost, stolen, or damaged to the extent that it is
undeliverable to the OWNER, or to a buyer under Article 2.3.g;
2.7 The Contractor shall have the right to make claim from any determination the
OWNER makes under Articles 2.4 or 2.6. But if the Contractor has failed to
submit his claim within the time provided in Article 2.4 and has failed to
request extension of such time, he shall have no such right of appeal. In any
case where the OWNER has determined the amount due under Articles 2.4
or 2.6, the OWNER shall pay to the Contractor the following: (1) the amount
so determined by the OWNER or (2) if an adverse proceeding is initiated, the
amount finally determined in such proceeding;
2.8 In arriving at the amount due the Contractor under Article 2.6, there shall be
deducted (1) all unliquidated advance or other payments on account
theretofore made to the Contractor, applicable to the termination portion of
this contract, (2) any claim which the OWNER may have against the
Contractor in connection with this contract, and (3) the agreed price for, or
the'proceeds of sale of, any materials, supplies, or other things kept by the
Contractor or sold under the provisions of Article 2.6 and not otherwise
recovered by or credited to the OWNER;
2.9 If the termination hereunder be partial, before the settlement of the
termination portion of this contract, the Contractor may file with the OWNER
a request in writing for an equitable adjustment of the price or prices
specified in the contract related to the continued portion of the contract (the
portion not terminated by the Notice of Termination). Such equitable
adjustment as may be agreed upon shall be made in the price or prices.
Nothing contained herein shall limit the right of the OWNER and the
Contractor to agree upon the amount or amounts to be paid to the Contractor
for the completion of the continueg portion of the contract when the contract
does not contain an established contract price for the continued portion.
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2.10 Upon written notice from the OWNER, the Contractor agrees to cure any
structural defect caused by the Contractor in the project or remedy any
departure from the plans and specifications not approved by change order
within twenty (20) days of receipt of such notice unless extended by OWNER
in writing.
2.11 Upon written notice from the OWNER, the Contractor agrees to bond-off
under the provisions of applicable law any lien or claim of lien filed of record
against the project by any of the Contractor's laborers, materialmen,
subcontractors, suppliers, o~ others performing work or furnishing labor or
material under the contract, and any said lien or claim of lien shall be bonded
off within thirty (30) days of notice to the Contractor from the OWNER.
3.0 TIME FOR COMPLETION AND LIQUIDATED DAMAGES (Refers to Article 15 of
General Conditions)
3.1 Full completion of the , within the contract time, is
of vital importance to the public health and to the OWNER. It must be placed
into full operation at the earliest feasible date.
,
3.2 If the Contractor's proposed progress indicated on his construction progress
schedule and/or the actual progress attained during construction lies within
the range of the following check points, the schedule and/or the actual
progress attained shall be considered satisfactory insofar as the time-
performance feature is involved:
Percentage of
Contract Time
Percentage of
Accumulated Progress
0..................................................................................................... 0
10. ........... ...... .............................. ............... ..... .................................1
20................................................................................................... ..3
30...................................................................................................13
40.......................................... ."........................................................ 28
50...................................................................................................40
60.. ....... ......................................... .................................................60
70................................................................................................... 76
80...................................................................................................89
90...................................................................................................96
100 ........... ....................................... ......... ................ ....... ........ ......100
Percentages shall indicate work in olace only (excluding materials stored on
the site).
3.3 In the event the Contractor shall be delinquent in respect to compliance with
the time limits established in Paragraph 4.2, he shall, within seven days after
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receipt of written demand of the OWNER, COMMENCE WORKING NOT
LESS THAN A TWELVE-HOUR DAY AND NOT LESS THAN SIX DAYS A
WEEK UNTIL SUCH TIME AS HE SHALL HAVE BROUGHT THE AMOUNT
OF WORK IN PLACE INTO COMPLIANCE WITH THE CONSTRUCTION
PROGRESS SCHEDULE. Fulfillment of this requirement as to overtime
work shall not relieve the Contractor from liability for breach of the covenant
as to time. For account of recovery of lost time required of the contractor for
his breach of the covenant as to time, the Contractor shall be entitled to no
claim against the OWNER for any payment, repayment, reimbursement,
remittance, remuneration, compensation, profit, cost, overhead, expense,
loss, expenditure, allowance, charge, demand, hire, wages, salary, tax, cash,
assessment, price, money, bill, statement, dues, recovery, restitution,
benefit, recoupment, exaction, injury, or damages.
3.4 The Contractor agrees that said work shall be prosecuted regularly, diligently,
and uninterruptedly at such rate of progress ~s will insure full completion
thereof within the time called for in the Contract Documents. It is expressly
understood and agreed that the Contractor has considered all contingencies
and factors affecting his ability to perform all the work within this time,
including among others, delays caused by bad weather (as detailed in 4.5
below) and other possible delays, and after consideration of these factors,
he had made an allowance for such factors before agreeing to completion
date specified in the Contract Documents, and does further agree that all
things considered, such completion date is a reasonable time for completion
of all Work to be performed hereunder, without the need for any extension
of time.
3.5 Completion time will not be extended for normal bad weather. The time for
completion as stated in the Contract Documents includes due allowance for
calendar days on which work cannot be performed out-of-doors. For the
purpose of this Contract, the Contractor agrees that he may expect to lose
a TOTAL number of calendar days between the "start-of-work date" and
functional completion date due to weather in accordance with the following
table which is the average from three local area weather stations over the
same period of time. This is the same source of data used to determine
normal weather losses.
Jan
Feb
Mar
April
10 days
9 days
9 days
8 days
May 10 days
June 8 days
July 11 days
Aug 9 days
Sept
Oct
Nov
Dec
7 days
6 days
7 days
8 days
Also, the Contractor agrees that a "day lost to weather" for the period
covered by this contract is defined as a calendar day in which either:
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4.0
,/
A. Precipitation exceeded 0.10 inch
OR
B. the average temperature failed to exceed 40 degrees F., unless the
maximum temperature exceeded 50 degrees F.
If the total accumulated (not on an individual month-by-month basis) number
of calendar days (pro-rated for the 'lstart-of-work date" month and/or the
functional completion date per the table above as may be applicable to
reflect the actual dates of these occurrences) lost to weather from the "start-
of-work date" to the functional completion date exceeds the TOTAL
accumulated number to be expected for the same period from the table
above, time for completion will be extended by the number of calendar days
needed to include the excess number of calendar days lost.
No reduction in Contract Time shall be imposed if the total days actually lost
to weather is less than the TOTAL to have been expected for that same
period.
Fr 1-f~ ur~
PAYMENTS TO CONTRACTOR (Refers to Article 19 of General Conditions) ~
.YA b (60/ -A-
4.1 The Contractor will get paid-fifty (50) percent of the total Contr amount at
completion of the erosion mats installation and establish t of temporary
grassing. The Contractor will get paid another '{-25Ji>ercent of the
total Contract amount at completion of permanent grassin~hase of the
project. The Owner shall retain twenty-five (25) percent of the total Contract
amount until final completion and acceptance of all work covered by the
Contract Documents.
4.2 This agreement shall supersede and take the place of all requirements of
"Georgia Prompt Payment Act, Georgia Laws, 1994, p. 1398. Any payment
due Contractor under the terms of this contract which remains unpaid without
justification after the due date set forth in this contract shall bear interest at
the rate of 7% per annum until payment has been made in full provided
notice has been given as requked by O.C.G.A. ~13-11-7.
4.3 Notwithstanding any provision of the law to the contrary, the parties agree
that no interest shall be due CONTRACTOR on any sum held as retainage
pursuant to this Agreement and CONTRACTOR specifically waives any
claim to same.
4.4 This agreement is intended by the Parties to, and does, supersede any and
all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et
seq. In the event any provision of this agreement is inconsistent with at:ly
provision of the Prompt Pay Act, the provision of this agreement shall control.
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5.0 SUBSTITUTIONS (Refers to Article 8 of General Conditions)
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 contractor.
** END OF SECTION **
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SECTION 01010
OCCUPANCY
PART 1 - GENERAL
1.01 PARTIAL OCCUPANCY BY OWNER
.
.
Whenever, in the opinion of the Engineer, any section or portion of the
Work or any structure is in suitable condition, it may be put into use upon
the written order of the Engineer, and such usage shall not be held to be
in any way an acceptance of said Work or structure, or any part thereof, or
as a waiver of any of the provisions of these Specifications and the
Contract. Pending final completion and acceptance of the Work, all
necessary repairs and removals, due to defective materials or
workman~hip or to operations of the Contractor, of any section of the Work
so put into use shall be performed by the Contractor at his own expense.
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** END OF SECTION **
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SECTION 01020
COORDINATION OF WORK
PART 1 - GENERAL
1.01 GENERAL
Management of the project shall be through the use of a logical method of
construction planning, scheduling, and cost value documentation as further
described in the section entitled "Construction Scheduling," of these
Specifications.
1.02 EXISTING LANDFILL FACILITIES
A. The existing facilities at the Dean's Bridge Road MSW Landfill must of
necessity remain in operation while new construction is in progress.
B. The Contractor shall coordinate his work with the Owner so that
construction will not restrain or hinder operation of the existing facilities at
the Landfill. If, at any time, any portion of the Landfill is out of service, the
Contractor must obtain prior approval from the Owner as to the date, time
and length of time that portion of the existing facilities are out of service.
C. Connections to the existing facilities or alteration of existing facilities will be
made at times when the facility involved is not in use or at times,
established by the Owner, when use of the facility can be conveniently
interrupted for the period of time needed to make the connection or
alteration.
D. After having coordinated his work with the Owner, the Contractor shall
notify the Engineer of the time, time limits and methods of each connection
or alteration and have approval of the Engineer before any work is
undertaken on the connections or alterations.
E. Before any roadway or facilities are blocked off the Owner shall be
contacted to coordinate operations for the landfill.
1.03 OTHER UTILITIES
The Contractor shall coordinate his operations with all utility companies in
or adjacent to the area of his work. The Contractor shall require said
. utilities to identify in the field their property and provide drawings as
necessary to locate them.
** END OF SECTION **
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SECTION 01030
GRADES, LINES AND LEVELS
PART 1 - GENERAL
1.01 DESCRIPTION
A. All work under this contract shall be constructed in accordance with the
lines and grades established on the site. The full responsibility for holding
to alignment and grade shall rest upon the Contractor.
B. The Contractor will establish a bench mark and minimal horizontal control.
The Contractor will be responsible for setting offsets from these points and
all other layout and staking.
C. The Contractor shall safeguard all points, stakes, grade marks, bench
marks, and monuments established on the work, shall bear the cost of re-
establishing same if disturbed, and shall assume the entire expense of
rectifying work improperly constructed due to failure to maintain and
protect such established points, stakes, and marks.
** END OF SECTION **
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SECTION 01110
REGULATORY REQUIREMENTS
PART 1 - GENERAL
1.01 DESCRIPTION
Permits and Responsibilities
The Contractor shall, without additional expense to the Owner, be
responsible for obtaining any necessary licenses and permits, and for
complying with any applicable Federal, State and municipal laws, Codes
and regulations, in connection with the execution of the Work. He shall
take proper safety and health precautions to protect the Work, the workers,
the public and the property of others. He shall also be responsible for all
materials delivered and work performed until completion and acceptance
of the Work, except for any completed unit of construction thereof which
may heretofore have been accepted.
** END OF SECTION **
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SECTION 01210
PRECONSTRUCTION CONFERENCE
PART 1 - GENERAL
1.01 DESCRIPTION
After award of Bid and prior to beginning construction, a conference will be
held with representatives of the Contractor, Owner, Engineer, and the
affected utility companies to discuss schedules and utility conflicts in the
Project. This conference is intended to establish lines of communication
between the parties involved. Time and place of preconstruction
conference will be determined at time of bid award.
** END OF SECTION **
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SECTION 01220
PROGRESS MEETINGS
PART 1 - GENERAL
1.01 DESCRIPTION
The Owner may request meetings with the Contractor at any time on
matters pertaining to the progress of Work being carried out under this
Contract. It will be the responsibility of the Contractor to supply whatever
information is requested by the Owner concerning the project throughout
its duration. The Contractor shall make himself available if his presence
is requested.
** END OF SECTION **
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SECTION 01230
CONSTRUCTION SCHEDULING
PART 1 - GENERAL
1.01 DESCRIPTION
The Contractor shall submit to the Engineer for approval grassing
planning, scheduling, and cost value documentation pertaining to the
project as detailed herein and shall update same throughout project as
required.
1.02 SUBMITTAL PROCEDURES
A. Within ten working days of Notice to Proceed, the Contractor shall submit
to the Engineer for approval the products required by this section of the
Specifications.
B. Within five working days following receipt of same the Engineer shall
arrange for a meeting with the Contractor so as to familiarize the Engineer
with the Contractor's proposed grassing plans and schedules.
C. Within five working days following the Engineer's review the Contractor
shall resubmit a corrected copy of those documents requiring revision.
D. Within five working days following his receipt of the adequately revised
documents the Engineer will approve same for use on the project.
E. Once approved, the Contractor shall submit four copies of the grassing
scheduling documents to the Engineer for use on the project.
F. The Contractor shall update the work schedules at least monthly and
indicate those activities whose completion dates are in jeopardy because
of activities behind schedule.
G. The Owner may require the Contractor to modify any portions of the work
schedule that become infeasible because of "activities behind schedule"
or for any other valid reason. Any such modification will be at the
Contractor's expense unless the modification is required to accommodate
schedule revisions required by the Owner.
H. An activity that cannot be completed by its original latest completion date
shall be deemed to be behind schedule.
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1.03 CHANGE ORDERS
Upon approval of a Change Order by the Owner the approved change
shall be reflected in the next submittal by the Contractor.
PART 2 - PRODUCTS
2.01 CONSTRUCTION PROGRESS SCHEDULE
A. The Construction Progress Schedule shall be submitted in form satisfactory
to the Owner showing:
1. Activity Number
2. Activity Description
3. Estimated Activity Duration (Work Days)
4. Activity Start Date (Calendar Dated)
5. Activity Finish Date (Calendar Dated)
6. Activity Cost
of each of the various subdivisions of work required under the Contract
Document, and Specifications.
B. The anticipated amount of each monthly payment that will become due the
Contractor in accordance with the progress schedule shall be included
thereon. This anticipated monthly payment schedule shall distribute the
costs of the project more or less evenly over the scheduled project life in
a manner acceptable to the Owner and compatible with the Owner's
funding arrangements for the project. Resubmittal will be required until
anticipated monthly payment schedule is acceptable to Owner. For this
project, substantial variation from this schedule of payments will not be
permitted.
C. The activity durations shall be depicted in the form of a bar chart and shall
be overlaid with graph of the cumulative anticipated monthly payments due
the Contractor.
2.02 ESTIMATES
A. The Detailed Estimates shall give a complete and satisfactory breakdown
of the Contract amount.
B. Periodic Itemized Estimates shall detail work done for the purpose of
tabulating partial payments thereon.
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2.03 PROJECT INFORMATION
A. Each tabulation shall be prefaced with the following summary data:
1. Project Name
2. Contractor
3. Type of Tabulation (Initial or Updated with revision number)
4. Project Duration
5. Project Scheduled Completion Date
6. Effective or Starting Date of the Schedule
7. If an updated (revised) schedule, the new project completiondate
and project status
2.04 SCHEDULE MONITORING
A. When specifically requested by the Engineer, the Contractor shall submit
to the Engineer a revised schedule for those activities that remain to occur.
B. The revised schedule shall be submitted in the form, sequence, and of the
number of copies requested for the initial schedule.
2.05 COST VALUE FOR ACTIVITIES
A. The Contractor shall establish and submit a cost value for each activity in
his progress schedule and estimates so that monthly partial payments to
the Contractor can be calculated on the basis of work in place.
B. Subject to the provisions for "Payments to Contractor and Completion" in
the General Conditions of the Contract all cost value reports for network
activities shall be based upon the close of books as of the 25th day of
each month, and the submittal of such costs value for activities shall be
submitted to the Engineer for review and approval not later than the last
day of each month.
C. Payments will not be allowed for materials delivered to the site but not yet
incorporated in the work.
D. Costs of materials delivered to the site but not yet incorporated into the
work shall be included as a separate pay item and shall not be included in
the cost value of the installation activity for such materials.
** END OF SECTION **
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SECTION 01240
CONSTRUCTION FACILITIES
PART 1 - GENERAL
1.01 SANITARY FACILITIES
The Contractor will provide sufficient sanitary facilities in proximity to the
areas of work for his employees and those employees of his
subcontractors. The Contractor will be responsible for continual
maintenance and servicing of these facilities.
1.02 FIRST AID FACILITIES
The Contractor shall maintain at a well known place at the job site, all
articles necessary for giving first aid to the injured, and shall make
standing arrangements for the immediate removal to a hospital or a
doctor's care of persons (including employees) who may be injured on the
job site. In no case, shall employees be permitted to work at a job site
before the employer has made a standing arrangement (verified in writing
to the Owner) for removal of injured persons to a hospital or a doctor's
care.
** END OF SECTION **
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SECTION 01250
TEMPORARY UTILITIES
PART 1 - GENERAL
1.01 TEMPORARY LIGHT
The Contractor shall provide temporary lighting facilities for the proper
prosecution and inspection of the work. These facilities shall be installed
and maintained by the Contractor and shall be located in such a manner
as to result in the least interference with work upon the project site and
existing facilities.
1.02 TEMPORARY POWER
The Contractor shall provide temporary power facilities required for the
proper prosecution and inspection of the work. These facilities shall be
installed and maintained by the Contractor, and shall be located in such a
manner as to result in the least interference with work upon the project site
and existing facilities. Temporary power facilities shall remain in place
after completion of construction until final acceptance of the work. After
final acceptance of the work, the Contractor shall remove temporary power
facilities.
1.03 TEMPORARY WATER
The Contractor shall make the necessary arrangements for securing and
transporting all water required in the grassing and attaining established
growth including any temporary pipeline or equipment which may be
necessary to make use of such water.
1.04 POTABLE WATER
The Contractor shall be responsible for furnishing a supply of potable
drinking water for employees, subcontractors, inspectors, Engineers and
the Owner who are associated with the work progress.
1.05 TEMPORARY TELEPHONE SERVICE
Provide and pay for monthly telephone service, for the duration of the
project, at the Contractor's field office and at the Engineer's field office as
specified.
** END OF SECTION **
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SECTION 01260
JOB SITE SECURITY
PART 1 - GENERAL
1.01 BARRICADES, LIGHT AND WATCHMEN
A. The Contractor shall furnish and erect such barricades, fences, lights, and
danger signals, shall provide such watchmen, and shall provide such other
precautionary measures for the protection of persons or property and of
the work as are necessary. Barricades shall be painted in a color that will
be visible at night. From sunset to sunrise, the Contractor shall furnish and
maintain at least one light at each barricade and sufficient numbers of
barricades shall be erected to keep vehicles from being driven on or into
any work under construction. The Contractor shall furnish watchmen in
sufficient numbers to protect the work.
B. The Contractor will be held responsible for all damage to the work due to
failure of barricades, signs, lights, and watchmen to protect it. and
whenever evidence is found of such damage, the Contractor shall
immediately remove the damaged portion and replace it at his cost and
expense. The Contractor's responsibility for the maintenance of
barricades, signs, and lights, and for providing watchmen shall not cease
until the project has been accepted by the Owner.
C. All job site security shall be coordinated with the Owner's landfill security
procedures.
** END OF SECTION **
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SECTION 01270
DUST CONTROL
PART 1 - GENERAL
1.01 DESCRIPTION
Limit blowing dust caused by construction operations by applying water or
employing other appropriate means or .methods to maintain dust control.
1.02 PROTECTION OF ADJACENT PROPERTY
The bidders shall visit the site and note the buildings, landscaping, roads,
parking areas and other facilities near the work site that may be damaged
by their operations. The Contractor shall make adequate provision to fully
protect the surrounding area and will be held fully responsible for all
damages resulting from his operations.
** END OF SECTION **
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SECTION 01280
TRANSPORTATION AND HANDLING
1.01 GENERAL
The Contractor shall provide transportation of all equipment, materials, and
products furnished under these Contract Documents to the site of the
work. In addition, the Contractor shall provide preparation for shipment
and storage, unloading, handling and rehandling, short-term storage,
extended storage, storage facilities, maintenance and protection during
storage, preparation for installation, and all other work and incidental items
necessary or convenient to the Contractor for the satisfactory prosecution
and completion of the work.
1.02 TRANSPORTATION
A. All equipment shall be suitably boxed, crated, or otherwise protected during
transportation.
B. All equipment shall be shipped and delivered in the largest assembled
sections practical or permitted by carrier regulations to minimize the
number of field connections.
C. The Contractor shall be responsible for ensuring that the equipment is
assembled and transported in such a manner so as to clear buildings,
power lines, bridges, and similar structures encountered during shipment
or delivery to the site of the work.
D. Small items and appurtenances such as gauges, valves, switches,
instruments, and probes which could be damaged during shipment shall
be removed from the equipment prior to shipment and packaged and
shipped separately. All openings shall be plugged or sealed to prevent the
entrance of water or dirt.
E. Temporary shipping braces and supports shall be painted orange or yellow
for easy identification.
1.03 HANDLING
A. All equipment, materials, and products shall be carefully handled to prevent
damage or excessive deflections during unloading or transportation. All
equipment, materials, and products damaged during transportation or
handling shall be repaired or replaced by the Contractor at no additional
cost to the Owner prior to being incorporated into the work.
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B. Lifting and handling drawings and instructions furnished by the
manufacturer or supplier shall be strictly followed. Eyebolts or lifting lugs
furnished on the equipment shall be used in handling the equipment.
Shafts and operating mechanisms shall not be used as lifting points.
Spreader bars or lifting beams shall be used when the distance between
lifting points exceeds that permitted by standard industry practice. Slings
and chains shall be padded as required to prevent damage to protective
coatings and finishes.
C. Under no circumstances shall equipment or products be thrown or rolled
off of trucks onto the ground.
D. Items such as nonmetallic pipe, nonmetallic conduit, flagpoles, and lighting
poles shall be handled using nonmetallic slings or straps.
** END OF SECTION **
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1.01
1.02
D.
E.
F.
SECTION 01290
STORAGE AND PROTECTION
GENERAL
A.
Equipment, material and product shall be received, inspected, unloaded,
handled, stored, maintained, and protected by the Contractor in a suitable
location on or off site, if necessary, until such time as installation is
required. .
STORAGE
A.
The Contractor s~a" be responsible for providing satisfactory storage
facilities which are acceptable to the Engineer. In the event that
satisfactory facilities cannot be provided on site, satisfactory warehouse,
acceptable to the Engineer, will be provided by the Contractor for such
time until the equipment, materials, and products can be accommodated
at the site.
B.
Equipment, materials, and products which are stored in a satisfactory
warehouse acceptable to the Engineer will not be eligible for progress
payments.
C.
The Contractor shall be responsible for the maintenance and protection of
all equipment, materials, and products placed in storage and shall bear all
costs of storage, preparation for transportation, transportation, rehandling,
and preparation for installation.
Equipment and products stored outdoors shall be supported above the
ground on suitable wooden blocks or braces arranged to prevent
excessive deflection or bending between supports. Items such as pipe,
structural steel, and sheet construction products shall be stored with one
end elevated to facilitate drainage.
Tarps and other coverings shall be supported above the stored equipment
or materials on wooden strips. to provide ventilation under the cover and
minimize condensation. Tarps and covers shall be arranged to prevent
ponding of water.
Fuels shall be properly stored and handled in accordance with all
applicable state and federal requirements. Fuels shall be stored and
handled in a manner to minimize fire hazards and spills. Containment
areas shall be provided for the storage and use of all fuels, oils, and
hydraulic fluids. Contractor shall utilize good housekeeping practices at all
times. The Contractor shall be responsible for all clean up and proper
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disposal of spills and contaminated soils. Any damages to or
contamination of existing monitoring system shall be solely the
responsibility of the Contractor to correct.
** END OF SECTION **
.
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SECTION 01310
CLEANUP
PART 1 - GENERAL
1.01 DESCRIPTION
This section covers general cleaning which the Contractor shall be
required to perform both during construction and before final acceptance
of the project unless otherwise shown on the Drawings or specified
elsewhere in these specifications.
1.02 HAZARD CONTROL
A. The Contractor shall store volatile wastes in covered metal containers and
remove from premises daily.
B. The Contractor shall prevent accumulation of wastes which create
hazardous conditions.
C. Burning or burying rubbish and waste materials on the site shall not be
allowed.
D. Disposal of volatile wastes into sanitary or storm sewers shall not be
allowed.
E. Disposal of all hazardous or volatile wastes shall be in accordance with all
State and Federal requirements.
F. All construction equipment and support vehicles shall be in good condition
and shall not leak hydraulic oils, motor oils, or fuels. If equipment leaks
such environmentally hazardous liquids, the equipment will be removed
from the work area and repaired and all contaminated soils or materials
shall be removed and properly disposed of in accordance with State and
Federal requirements.
1.03 DISPOSAL OF SURPLUS MATERIALS
A. Unless otherwise specified or directed, the Contractor shall dispose of all
surplus excavated materials and materials and equipment from demolition,
legally off the site, and shall provide his own suitable, off-site spoil area, or
on a site designated by the Owner.
B. The Owner shall have the opportunity to inspect any equipment or
materials removed prior to disposal by the Contractor. If said equipment
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and/or materials are determined to be salvageable by the Owner, the
Contractor shall transport said equipment and material to a building or area
designated by the Owner.
1.04 FINAL CLEANING
A. The Contractor shall:
1. Schedule cleaning operations so that dust and other contaminants
resulting from the cleaning process will not fall on wet, newly
painted surfaces.
2. Employ experienced workmen or professional cleaners for final
cleaning.
3. Broom clean paved surfaces; rake clean other surfaces of grounds.
4. Upon completion of the work, Contractor shall remove from the site
all plant, material, tools and equipment belonging to him, and leave
the site with an appearance acceptable to the Engineer.
5. The Contractor shall thoroughly clean all equipment and materials
installed by him and shall deliver over such materials and
equipment in a bright, clean, polished and new-appearing condition.
B. Restoration of Landscape Damage
Any landscape feature scarred or damaged by the Contractor's
equipment or operations shall be restored as nearly as possible to
its original condition at the Contractor's expense. The Engineer will
decide what method of restoration shall be used.
C. Post-Construction Cleanup or Obliteration
The Contractor shall obliterate all signs of temporary construction
facilities such as haul roads, work areas, structures, foundations of
temporary structures, stockpiles of excess or waste materials, or
any other vestiges of construction.
** END OF SECTION **
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SECTION 01320
PROJECT RECORD DOCUMENTS
PART 1 - GENERAL
1.01 DESCRIPTION
Maintain at the site for the Owner one record copy of:
1 . Specifications
2. Addenda
3. Change Orders and other Modifications to the Contract
4. Engineer Field Orders or Written Instructions
5. Approved Product Data and Samples
1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES
A. Store documents and samples in Contractor's field office separate from
documents used for construction.
B. Maintain documents in a clean, dry, legible condition and in good order.
Do not use record documents for construction purposes.
C. Make documents and samples available at all times for inspection by the
Engineer and Owner.
1.03 MARKING
Mark with red erasable pencil and, where feasible, use other colors too.
1.04 RECORDING
A. Label each document "PROJECT RECORD" in neat large printed letters.
B. Record information concurrently with construction progress.
1. Do not conceal any work until required information is recorded.
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C. Specifications and Addenda
Legibly mark each section to record:
1. Manufacturer, trade name, catalog number and supplier of each
product and item of equipment actually installed.
2. Changes made by Field Order or by Change Order.
1.05 SUBMITTALS
A. At Contract close-out deliver Record Documents to the Engineer for the
Owner.
B. Accompany submittals with transmittal letters in duplicate, containing:
1. Date
2. Project title and number
3. Contractor's name and address
4. Title and number of each Record Document
5. Signature of Contractor or his authorized representative
** END OF SECTION **
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SECTION 01330
WARRANTIES AND BONDS
PART 1 - GENERAL
1.01 PROJECT MAINTENANCE AND WARRANTY
A. Maintain and keep in good condition the improvements covered by these
specifications during the life of the Contract.
B. Indemnify the Owner against any repairs which may become necessary to
any part of the work performed and to items of equipment and systems
procured for or furnished under this Contract, arising from defective
workmanship or materials used therein, for a period of one year after
acceptance of the work is received from Engineer allowing the Owner to
accept the work for operations.
C. The Contractor shall not be obligated to make replacements which become
necessary because of ordinary wear and tear, or as a result of improper
operation or maintenance, or as a result of improper work or damage by
another Contractor or the Owner, or to perform any work which is normally
performed by a maintenance crew during operation.
D. In the event of multiple failures of major consequences prior to the
expiration of the one-year warranty described above, the affected unit shall
be disassembled, inspected, and modified or replaced as necessary to
prevent further occurrences. All related components which may have been
damaged or rendered non-serviceable as a consequence of the failure
shall be replaced. A new twelve-month warranty against defective or
deficient design, workmanship, and materials shall commence on the day
that the item is reassembled and placed back into operation. As used
herein, multiple failures shall .be interpreted to mean two or more
successive failures of the same kind in the same item or failures of the
same kind in two or more items.
E. The Contractor shall, at his own expense, furnish all labor, materials, tools
and equipment required and shall make such repairs and removals or shall
perform such work or reconstruction as may be made necessary by any
structural or functional defect or failure resulting from neglect, faulty
workmanship or faulty materials, in any part of the Work performed by him.
Such repair shall also include refilling of excavations or embankments
which show settlement or erosion after backfilling or placement.
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F. Except as specified, any and all damage to any facility not designated for
removal, resulting from the Contractor's operations, shall be promptly
repaired by the Contractor at no cost to the Owner.
G. In the event the Contractor fails to proceed to remedy the defects of which
he has been notified within fifteen days of the date of such notice, the
Owner reserves the right to cause the required materials to be procured
and the work to be done, as described in the specifications, and to hold the
Contractor and the sureties on his bond liable for the cost and expense
thereof.
H. Notice to Contractor for repairs and reconstruction will be made in the form
of a registered letter addressed to the Contractor at his home office.
I. Neither the foregoing paragraphs nor any provision in the Contract
Documents, nor any special guarantee time limit implies any limitation of
the Contractor's liability with the law of the place of construction.
** END OF SECTION **
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SECTION 02010
CLEARING AND GRUBBING
PART 1 - GENERAL
1.01 SCOPE
Clearing and grubbing includes, but is not limited to removal from the
project lands of materials found on or near the surface of the ground in the
construction area and understood by generally accepted engineering
practice not to be suitable for construction of the type contemplated.
Precautionary measures to prevent damage to existing features to remain
is part of the work.
1.02 QUALITY ASSURANCE
A. The Contractor shall comply with applicable codes, ordinances, rules,
regulations, and laws of local, municipal, state or federal authorities having
jurisdiction over the project. All required permits shall be obtained for
construction operations by the Contractor.
1.03 LOCATION OF WORK
Various sections of landfill Phases liB & IIC verified by the Contractor on
visit. The Contractor shall minimize clearing of existing vegetative growth
around the proposed work.
PART 2 - PRODUCTS
2.01 EQUIPMENT
A. The Contractor shall furnish equipment with operators of the type normally
used in construction for proposed work.
PART 3 - EXECUTION
A. Project area shall be prepared using all means that will ensure excellent
and established grass growth.
** END OF SECTION **
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SECTION 02020
TEMPORARY EROSION CONTROL
PART 1 - GENERAL
1.01 SCOPE OF THE WORK
A. Erosion control shall be employed during the ground preparation period
and shall include all necessary temporary measures required to prevent
soil erosion from the site until area is permanently grassed.
B. Erosion control measures shall be considered incidental to all landscaping
involving land disturbing activities.
C. The Contractor is solely responsible for coordinating and scheduling his
work to control erosion from the site. It is the Contractor's responsibility to
control erosion throughout the project as directed by the Engineer at no
additional cost to the Owner.
1.02 QUALITY ASSURANCE
A. The Contractor shall comply with applicable codes, rules, ordinances,
regulations, and laws of local, municipal, state or federal authorities having
jurisdiction over the project.
B. Erosion control measures for construction shall conform to Project
Specifications, and the "Manual for Erosion and Sediment Control in
Georgia," published by the State Soil and Water Preservation Committee
of Georgia.
PART 2 - PRODUCTS
2.01 FILTER CLOTH
A. Filter cloth for sediment control fences shall be a pervious sheet of
synthetic polymer filaments forming a stable network so that fibers retain
their relative positions. Filter cloth shall be of the type recommended by
its manufacturer for the intended application. The filter cloth shall meet the
following requirements:
1. Minimum Average Thickness: 30 mils (by ASTM D1777).
2. Air Permeability: 250 to 550 CFM/Sq. Ft.
3. Minimum Grab Strength: 110 Ibs. (by ASTM D1682).
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8. Sediment control fence shall be constructed in accordance with the details
shown on the drawings.
PART 3 - EXECUTION
3.01 GENERAL
A. Temporary erosion control shall be directed toward and have the purpose
of controlling soil erosion at its potential source. Downstream sediment
entrapment measures shall be employed, but only as a backup to primary
control at the source.
8. A continuing program of installation and maintenance of sediment control
shall be employed during the construction period.
3.02 TEMPORARY EROSION CONTROL DURING CONSTRUCTION
A. Temporary erosion control during construction shall be employed until such
time as restoration of natural areas is effective in control of erosion from
the site.
8. Sediment Control Fences
1. Temporary sediment control fences shall be located at all points
where surface water can leave the construction area if the source
area is subject to soil erosion. This applies to locations shown on
the plans or areas determined in the field by the Engineer to need
sediment control fence during the phasing of construction.
2. Silt fences shall be constructed to remove sediments from flowing
water through filtration and sedimentation.
3. Silt fences shall be arranged to create ponding behind them.
Provision shall be made for removing accumulated sediments and
maintaining ponding capacity.
4. Silt fences shall be removed and the area restored when permanent
erosion control is effective.
C. Grading Operations
1. Grading operations shall be scheduled so that the ground surface
will be disturbed for the shortest possible time before area is
permanently grassed.
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2. Wherever steeper slopes or abrupt changes in grade are required,
a diversion or berm shall be constructed at the top of the slope to
cause the surface water to flow along the diversion to a control
point to be transported downslope in a slope drain. In no case shall
surface water be allowed to flow uncontrolled down slopes.
D. Storm Drainage System
1. Temporary sediment barriers shall be maintained around drainage
structures as long as possible but at least until final subgrade
preparation is begun.
F. Ground Cover
Grassing and mulching shall be in accordance with the notes on the
Section "Grassing" of the Specifications.
3.03 CLEANUP AND REMOVAL
At the time that permanent erosion control is effective, temporary devices
and their accumulated sediments shall be removed. Accumulated
sediment in the sediment pond shall be removed.
** END OF SECTION **
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SECTION 02100
GRASSING
PART 1 - GENERAL
1.01 SCOPE
A. The work covered by this section consists of furnishing all labor,
equipment, and material required to establish permanent grassing
including seedbed preparation, harrowing, compacting, place seed,
commercial fertilizer, agricultural limestone, mulch material and other
placement operations on graded earthen areas as described herein and/or
shown on site visit. In general, seeding operations shall be conducted on
selected graded earthen areas not covered by established grass; and on
all areas which are disturbed by this landscaping operations. Areas
disturbed by borrow or stockpiling or other activities shall also be seeded
according to these Specifications.
B. The work shall include temporary grassing operations to stabilize earthen
surfaces until permanent grass growth is established.
1.02 QUALITY ASSURANCE
A. Prior to seeding operations, the Contractor shall furnish to the Engineer
labels or certified laboratory reports from an accredited commercial seed
laboratory or a state seed laboratory showing the analysis and germination
of the seed to be furnished. Acceptance of the seed test reports shall not
relieve the Contractor of any responsibility or liability for furnishing seed
meeting the requirements of this section.
B. Prior to topsoil (soil to be seeded) operations, the Contractor shall obtain
representative samples and send samples to a local agricultural extension
office or State University Agricultural Extension Services or other certified
testing laboratory for recommendations on fertilizer, lime and seed mix to
be used. One sample shall be taken from each area of landfill to be
seeded.
1.03 DELIVERY, STORAGE, AND HANDLING
A. Deliver packaged materials in containers showing weight, analysis and
name of manufacturer.
B. Protect material from deterioration during delivery, and while stored at site.
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1.04 REFERENCES
A. "Standard Specifications for Road and Bridge Construction". latest edition,
Georgia Department of Transportation (Georgia DOT Specifications).
PART 2 - PRODUCTS
2.01 SEED
A. Seed shall be delivered in new bags or bags that are sound and labeled
in accordance with the U. S. Department of Agriculture Federal Seed Act.
B. All seed shall be from the last crop available at time of purchase and shall
not be moldy, wet, or otherwise damaged in transit or storage.
C. Seed shall bear the growers analysis testing to 98 percent for purity and
90 percent for germination. At the discretion of the Engineer, samples of
seed may be taken for check against the growers analysis.
D. Seed types shall be a mixture of all of the following seed.
Dates
Primarv Seed Types
Rate of Aoolication
(Ibs/acre)
60
75
20
50
10
10
All Year
All Year
Nov. 1 - Jul. 15
Nov. 1 - Apr. 1
Aug. 1 - Apr. 15
Apr. 1 - Jul. 15
Bahia, Wilmington
Sericea Lespedeza
Common Bermuda
Fescue
Brown Top Millet
Annual Rye Grass
The variety and blends of seed may be added, deleted or substituted as
appropriate to take advantage of proven varieties and mixtures and to
account for changes of season and weather. Areas not suitable to seed
shall be straw mulched at a rate of two tons per acre until seeding can be
facilitated.
E. Seed which has become wet, moldy or otherwise damaged will not be
acceptable.
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2.02 FERTILIZER AND LIMING MATERIALS
A. Fertilizer and liming materials shall comply with applicable state, local, and
federal laws concerned with their production and use.
B. Commercial fertilizer shall be a ready mixed material and shall be
equivalent to the grade or grades specified in these specifications.
Container bags shall have the name and address of the manufacturer, the
brand name, net weight, and chemical composition.
C. Fertilizer shall be applied at a N-P-K equivalent of 5-10-10 and a rate of
1500 pounds per acre. Lime shall be applied at a rate of one to two tons
per acre. If the laboratory testing of the soil indicates a different equivalent
or rate, then the fertilizer and lime shall be adjusted accordingly.
D. Agricultural limestone shall be a pulverized limestone having a calcium
carbonate content of not less than 85 percent by weight. Agricultural
limestone shall be crushed so that at least 85 percent of the material will
pass a No. 10 mesh screen and 50 percent will pass a No. 40 mesh
screen.
2.03 MULCH MATERIAL
A. All mulch materials shall be air dried and reasonably free of noxious weeds
and weed seeds or other materials detrimental to plant growth.
B. Mulch shall be composed of wood cellulose fiber, straw, or stalks, as
specified herein. Mulch shall be suitable for spreading with standard
mulch blowing equipment.
C. Wood-cellulose fiber mulch shall be as manufactured by Weyerhauser
Company, Conway Corporation, or equal.
D. Straw mulch shall be partially decomposed stalks of wheat, rye, oats, or
other approved grain crops.
E. Stalks shall be the partially decomposed, shredded residue of corn, cane,
sorghum, or other approved standing field crops.
2.04 MULCH BINDER
A. Mulch on slopes shall be held in place by the use of an approved mulch
binder. The mulch binder shall be non-toxic to plant life.
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2.05 INOCULANTS FOR LEGUMES
All leguminous seed shall be inoculated prior to seeding with a standard
culture of nitrogen-fixing bacteria that is adapted to the particular seed
involved.
2.06 WATER
Water shall be clean, clear water free from any objectionable or harmful
chemical qualities or organisms and shall be furnished by the Contractor.
PART 3 - EXECUTION
3.01 SOIL SAMPLING
A. Contractor's independent testing firm shall obtain samples of the soil to be
seeded and send the samples to a local agricultural extension office or
State University Agricultural Extension Services or other certified testing
laboratory for recommendations on fertilizer, lime and seed mix to be used.
B. One sample shall be taken at least for each area of landfill to be seeded.
3.02 SEEDBED PREPARATION
A. Not earlier than 24 hours before the seed is to be sown, the soil surface to
be seeded shall be thoroughly cultivated to a depth of not less than 6
inches
B. Surface shall be reasonably smooth and free of litter, large clods, roots,
sharp protrusions, and large stones.
C. If the prepared surface becomes eroded as a result of rain or for any other
reason, or becomes crusted before the seed is sown, the surface shall
again be placed in a condition suitable for seeding.
D. Ground preparation operations shall be performed only when the ground
is in a tillable and workable condition.
3.03 FERTILIZATION AND LIMING
A. Following seedbed preparation, fertilizer shall be applied to all areas to be
seeded so as to achieve the application rates specified in this Grassing
Section.
B. Fertilizer shall be spread evenly over the seedbed and shall be lightly
harrowed, raked, or otherwise incorporated into the upper portion of the
soil.
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3.04
c.
D.
E.
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c.
Fertilizer need not be incorporated in the soil as specified above when
mixed with seed in water and applied with power sprayer equipment. The
seed shall not remain in water containing fertilizer for more than 30
minutes when a hydraulic seeder is used.
Areas inadequately covered shall be re-treated as directed by the
Engineer.
D.
Agricultural limestone shall be thoroughly mixed into the soil according to
the rates specified in Contract Document. Incorporate lime into six inches
of soil.
E.
It is the responsibility of the Contractor to make one application of
maintenance fertilizer at one-half the rates specified in the Contract
Document and should be applied in early spring or fall following initial
establishment of cover.
SEEDING
A.
Seed of the specified group shall be sown as soon as preparation of the
seedbed has been completed. No seed shall be sown during high winds,
nor until the surface is suitable for working and is in a proper condition.
Seeding shall be performed during the dates shown in the Contract
Document. Seed mixtures may be sown together provided they are kept
in a thoroughly mixed condition during the seeding operation.
B.
Seeds shall be uniformly sown by any approved mechanical method to suit
the slope and size of the areas to be seeded, preferably with a broadcast
type seeder, windmill hand seeder, or approved mechanical power drawn
seed drills. Hydro-seeding and hydromulching may be used on slopes,
provided full coverage is obtained. Care shall be taken to adjust the
seeder for seedings at the proper rate before seeding operations are
started and to maintain their adjustment during seeding. Seed in hoppers
shall be agitated to present segregation of the various seeds in a seeding
mixture.
Hand-operated seeding devices may be used on areas which are
inaccessible to mechanical seeders.
Immediately after sowing, the seeds shall be covered and compacted to
a depth of 1fs to 3/8 inch by a cultipacker or suitable roller.
Leguminous seeds shall be inoculated prior to seeding with an approved
and compatible nitrogen-fixing inoculant in accordance with the
manufacturer's mixing instructions. -
landfill Grassing/6-16-00
02100-5
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3.05 MULCHING
A. All seeded areas shall be uniformly mulched in a continuous blanket
immediately after seeding. The mulch shall be applied so as to permit
some sunlight to penetrate and the air to circulate and at the same time
shade the ground, reduce erosion, and conserve soil moisture.
Approximately 25 percent of the ground shall be visible through the mulch
blanket. The application rates for mulching are specified in the Contract
Document.
B. One of the following mulches shall be spread evenly over the seeded areas
at the following application rates: Application rates 1, 2, and 3 are
considered standard mulch.
1. Wood Cellulose Fiber: 1,400 pounds/acre
2. Straw: 4,000 pounds/acre
3. Stalks: 4,000 pounds/acre
4. Erosion Control Blanket: Bon Terra S1 or equal
These rates may be adjusted at the discretion of the Engineer at no
additional cost to the Owner, depending on the texture and condition of
the mulch material and the characteristics of the seeded area.
C. The Contractor shall cover structures, poles, fence, and appurtenances
if the mulch binder is applied in such a way that it would come in contact
with or discolor the structures.
D. Mulch and binder shall be applied by suitable blowing equipment at
closely controlled application rates.
3.06 WATERING
A. Contractor shall be responsible for maintaining the proper moisture
content of the soil to insure adequate plant growth until a satisfactory
stand is obtained. If necessary, watering shall be performed to maintain
an adequate water content in the soil.
B. Watering shall be accomplished by hoses, tank truck, or sprinklers in
such a way to prevent erosion, excessive runoff, and overwatered spots.
3.07 MAINTENANCE
A. Upon completion of seeding operations, the Contractor shall clear the
area of all equipment, debris, and excess material and the premises shall
be left in a neat and orderly condition.
B. Begin maintenance immediately after seed placement.
landfill Grasslng/6-16-00
02100-6
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C. The Contractor shall maintain all seeded areas without additional
payment until final acceptance of the work by the Owner, and any
regrading, refertilizing, reliming, reseeding, or remulching shall be done
at his own expense. Seeding work shall be repeated on defective areas
at the Contractor's expense until a satisfactory uniform stand is
accomplished. Damage resulting from erosion, gulleys, washouts, or
other causes shall be repaired by filling with topsoil, compacting, and
repeating the seeding work at his expense.
D. Final acceptance of seeding will not be made until an acceptable uniform
stand of grass is obtained in designated areas.
** END OF SECTION **
landfill Grassing/6-16-00
02100-7
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Department of Public Works and Engineering
Clifford A. Goins, Assistant Director
Engineering Division
Environmental Enll. Section
Dr. Hameed Malik, P.E.
Environmental Engineer
Room 701, 530 Greene Street
Augusta, Georgia 30911
(706) 821-1706 FAX (706) 821-1708
MEMORANDUM
TO: Geri A. Sams, Director
Purchasing Department
FROM:
Hameed Malik, Environmental Engineer VVf,tN1
SUBJECT: Deans Bridge Road MSW Landfill Phases IIB & IIC Grassing
Bid Item 00-097A
Project File Reference: 98-013
DATE: August 15, 2000
Attached please find an addendum #1 for the subject project. The addendum clarifies the questions
raised by the various finns during our pre-bid meeting held on August 10, 2000.
IHUM
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ADDENDUM #1
Bid Item #00-97 A
Deans Bridge Road MSW Landfill Grassing
Base Bid:
· Base bid shall include installation of erosion mats on all slopes.
'.
· Base bid shall include temporary grassing operations until permanent grass growth is
established. .
Contractor' Schedule of Values:
Include the following item:
Item No.
Description
Unit
6.
Soil Erosion Mats (material & Installation) C.F.
Unit Price Bid
($
Dollars and Cents
)